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Home My WebLink About025442 - Construction-Related - Contract - Interior Pipe Linings, Inc.� � � .� � � L � � � � � L � � � � � � � � � � �.._ _ :aITY S�CRr.T�RY � � - EXECUT�L� CGf'Y SPECIFICATIONS .rsiND CONTR�:CT DOCUMENTS FOR CITY SECRETARY " CONTRACT N0. ' .. CElVIENT-LINING'AT VARIO�U� LOCATIONS DOE � Z�a9 WATER PROJF,CT I1t�.: PWS �-06U53Q 175720 KENNETH L. BARR MAYOR BOL TERRELL CITY MAItiTAGER LEE C. BREIDLEY JR, P.E., DIRECTOR V��ATER DEP�TI�IENT PREPAREI? BY WATER DEPARTMENT �' ��L �� G`��s� � ��1 ��'GQ � ° �� -0 �<<'��6�� C�e _ S�PHEN F. GRt1M6, JR ..p:.......SOtOtI. •: �t' ea • �p �,:�(y�� ° �'"R''c"��TE�`.• �� m �� ss�a . =�� e oo��y,Rf�, `��o ,�� , � �l �� -� A!)1)I�;N1>lIM NO. I • i�uiz CEMENT-LiNING AT VAf210US LOCAT�ONS WATER PROJECT NO. PWS3-OC>OS3017572Q DOE NO. 2709 �� PAGE 1 OF 1 RELEASE DATE: Ju(y 19, 1999 $ 4� This addendum forms part of tl�e Contract documents referenced above 1nd modifies the original Contract Documents and Plans. Ackno�vledge recei�t, c�f this add � dum by si�ning and attaching it to the Contract Documents (inside). Note receipt of the Addend�m in the Bid Proposal on the outer envelope of your bid. PLEASE MAKE NOTE OF THE FOLLOWING REV[SIONS: PART B - PROPOSAL: 1. Please add the fo{lowing bid item to contract docuntents. SUI�-"I'OTAL (bid items ]-17) 18 , 5 EA. Job Move-in; Per Each: �/ � /hs�+�lC�jollars and f� Cents REVISED TOTAL BID* (bid items 1-18) *Project shall be awarded based on the revised tot�l bid �� 1 � ��$ 2ocnd. a 7'� . $ �a,000, --------- $�� 2 � m, �a3 �i`ca . All other provisions of the plans, speciFcations and contract document for the project which are not expressly amended herein shall remain in fiill forcc. �I R Failure to return a si�ned cory of the addendum with thc f'rci��c�sal. shall he grounds for rending the bid non-responsive. A sibned copy of this addendum shall bc �laced into the Proposal at the time of bid submittal. ADDEIYDUM NO. I RECE(PT ACKNOWLEllGEU Company: �.r �i�1�C, By: �'�� . J � � natc: �—CG- l� � �� , � Lcc Br.�cl�cy, i'.r., Dircctor l�1�,}!� S�j�C—. -�-� �� { � � �� Approved:, �� Fran�C Crumb, P.E. , Eng��ieering Coordinator 0 L�'J LJ 1 �J 0 l�J � � � IA'. lJ � � l�J 0 L� � u �-� l J �� « �� " � . ��.,�� ,,..W4��...,. � �� ---,� .��,.--.• �� CEMENT-LINING AT VARIOUS LOCATIONS ��DOE # 2709 WATER PROJECT NO.: PW53-06053�175720 �6 KENNETH BARR BOB TERRELL MAYOR �p CITY MANAGER LEE C. BRADLEY, JR., P.E. DIRECTOR WATER DEPARTMEN'I' IM _ (��0� � ��9f� �,� �Pl�' � D UGLAS RADEMAKER, P.E. �� DIRECT DEPARTMENT OF ENGINEERING � w �' "'� '�J �'�'"� � �� S. FRANK CRUMB, P.E. Ei�IGINEE T M , WAT DEPARTMENT �� '� � �I GEORG . BE MANESH, P.E. ASSISTANT DIRECTOR, ' DE ARTMENT O TRANSPORTATIOIV AND PUBLIC WORK�� xJ % NIE VARNELL, P.E. . � A ING CITY TRAFFIC ENGINEER DEPARTMEIVT O TRAl�iSt� ATION AND PUBLIC WORK� �•-----�, REVIEWED: ' �� / RECOMMEND��: P OJ �ANAGER � <� P � DALE FISSELER, P.E. , DEPUTY DIRECTOR WATER DEPARTMENT t 2 D TE � � �3��P1 � DATE ��` � � DATE G/��g� DATE � J �J �I� �� l U I' �J �L.■J 1. 2. 4. 6. 7. 9. 10. 11. 12. 13. � � � a 0 0 a o � � 0 � �I �k �� TABLE OF CONTENTS �� M Notice to Bidders �N Special Instructions to Bidders �k Part B-Proposal �` Minority and Women Business Enterprises Specificati�sns Part C-General Conditions �� Part D-Special Conditions Section E-Specifications �I Certificate of Insurance � Contractor Compliance With Worker's Compensationi�aw Performance Bond �� Payment Bond Maintenance Bond �k Part G-Contract �� +rp �M J� _ �i �� N �� 4IF �� Jp �N �N � L� I•J � � � r�l � � lJ �u � � � ��' li � I*J �' 2. 3. 4. 6. 7. 9. 10. 11. 12. 13. �I �� M �� TABLE OF CONTENTS �I �M ' �N Notice to Bidders � Special Instructions to Bidders � Part B-Proposal �� Minority and Women Business Enterprises Specificati'�ns Part C-General Conditions ;j� Part D-Special Conditions �� Section E-Specifications Certificate of Insurance �� Contractor Compliance With Worker's Compensatior�ILaw Performance Bond � �� Payment Bond �k Maintenance Bond Part G-Contract �M iN dM �M # �r �i I� �"� �� €s �� w �� i �! !�� 9� �� M � �� M , aN �� I �p a� $1 0 L�J � � NOTICE TO BIDDERS �J Sealed proposals for the following: � n� CEMENT-LiNING AT VARIOUS LO�ATIONS � - WATER PROJECT NO.: PW53-06053„ 175720 � � l�' � � � � 'I L'J � DOE # 2709�� Addressed to Mr. Bob Terrell, City Manager of the City of F�irt Worth, Texas, will be received at the Purchasing Office until 1:30 P.M., Thursday,��uly 22, 1999, and then publicly opened and read aloud at 2:00 P.M. Plans, Specific tions and Contract Documents for this project may be obtained at the office of t�ie Department of, Engineering, Municipal Office Building, 1000 Throckmorto Street, Fort Worth, Texas. One set of documents will be provided to prospective bidde � for a deposit of $20.00; such deposit will be refunded if the document is returned in��ood condition within 10 days after bids are opened. Additional sets may be purchase'�pd on a non-refundable basis for twenty dollars ($20.00) per set. . �I Bid seeurity is required in accordance with the Special Instr�`�ctions to Bidders. A pre-bid conference will be held at 2:00 P.M., Tuesday, J��y 6, 1999, in the Water Department Conference Room 225, 2"d Floor City Municip�.l Building, 1000 Throckmorton Street, Fort Worth, Texas. , The City reserves the right to reject any and/or all bids and��vaive any andlor all irregularities. No bid may be withdrawn until the expiratiq'� of forty-nine (49) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentat�on") as appropriate is received by the City. The award of contract, if made, will be withi forty-nine (49) days after this documentation is received, but in no case will the award b� made until the responsibility of the bidder to whom it is proposed to award the contract��as been verified. Bidders are responsible for obtaining all addenda to the c��tract documents and aacknowledging receipt of the addenda by initialing the ap�'ropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt f all addenda may be rejected � as being non-responsive. Information regarding the statu of addenda may be obtained by contacting the Department of Engineering at (817) 871-7 10. �I � I� In accord with City of Fort Worth Ordinance No. 11923,�i��he City of Fort Worth has goals for the participation of minority business enterprises and �vomen business enterprises in City contracts. You may obtain a copy of the Ordinance rom the Office of the City Secretary. The bidder shall submit the MBE/WBE UTIL ZATION FORM, PRIIv�E CONTRACTOR WAIVER FORM and/or the GOOD F�ITH EFFORT FORM ("Documentation") as appropriate. The Documentation �ust be received by the u �■' J �IJ �� L�J L�J � � LJ � l� �� l�l I�J CI l�7 � �� i ' • �I managing department no later than 5:00 p.m., five (5) City bu�iness days after the bid opening date. The bidder shall obtain a receipt from the apprc�priate employee of the managing department to whom delivery was made. Such rec�ipt shall be evidence that the Documentation was received by the City. Failure to comp�y shall ren'der your bid non- responsive. ' �! For additional information, contact Roy Teal @ 871-8472. a� , �I BOB TERRELL �N GLORIA PEARSON CITY MANAGER �� CITY SECRETARY Wat�f Department Lee �. dley Jr. Di�ctor �J Advertising Dates: By � � �� ' " June 24, 1999 �ngineering Manager July 1, 1999 �� M �I 1! . �o � :k �k �� I �� N �� M �R �M �p �I �k �b e �� M ��J i� � I�� I� � i� '�I u Ifj U L�J �I u CI C� � � � � � � � �N SPECIAL INSTRUCTIONS TO BID�DERS 1) PREQUALIFICATION REQUIREMENTS: All cont�actors submitting bids are required to be prequalified by the Fort Worth Water Dep�ment prior to submitting bids. This prequalification process will establish a bid li�it based on a technical evaluation and financial analysis of the contractor. It is e bidder's responsibility to submit the following documentation: a current financial �atement, an acceptable experience record, an acceptable equipment schedule andl any other documents the Department may deem necessary, to the Director of the �ater Department at least seven (7) calendar days prior to the date of the opening o� bids. a) b) The financial statement required shall have been pre�ared by an independent certified public accountant or an independent public �ccountant holding a valid permit issued by an appropriate State licensing agen�,Y and shall have been so prepared as to reflect the financial status to the subm�tting company. This statement must be current and not more than one (1)��ear 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. !I For an experience record to be considered to be acc�table for a given project, it must reflect the experience of the firm seeking qual ication in work of both the same nature and technical level as that of the projec� for which bids are to be received. 9b c) The Director of the Water Department shall be the 4�1e judge as to the acceptability for financial qualification to bid on ari Fort Worth Water Department project. �p d) Bids received in excess of the bid limit shall be cor��idered non-responsive and will be rejected as such. �N e) The City, in its sole discretion, may reject any bid �or failure to demonstrate experience and/or expertise. �I � g) �b Any proposals submitted by a non-prequalified bi er shall be returned unopened, and if inadvertently opened, shall not be considere� d� The City will attempt to notify prospective bidder� whose qualifications (financial or experience) are not deemed to be appropriate to �he nature and/or magnitude of the project on which bids are to be received. Fail��e to notify shall not be a waiver of any necessary prequalification. �N 2. BID SECURITY: A cashier's check, or an acceptab � bidder's bond, payable to the City of Fort Worth, in an amount of not less than five i�5%) percent of the largest possible total of the bid submitted must accompany tl�e bid, and is subject to forfeiture in the event the successful bidder fails to ex� cute the Contract Documents � � m �� 0 � LJ � � [�l L#7 � � L�J � II�J � � C�J � �' u 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 � n the current U.S. Treasury List, or (2) the surety must have capital and surplus equa�to ten times the limit of the bond. The surety must be lic�nsed to do business in the ��ate of Texas. The amount of the bond shall not exceed the amount shown on the tre� sury list or one-tenth (1/10) the total capital and surplus. � 3. BONDS: A performance bond, a payment bond, and a�aintenance bond each for one hundred (100%) percent of the contract price will b��required, Reference C 3-3.7. 4. WAGE RATES: Not less than the prevailing wage rat� established by the City of Fort Worth, Texas, and as set forth in the Contract Doc��nents must be paid on this project. � �� 5. AMBIGUITY: In the case of ambiguity or lack of cle� ess in stating prices in the Proposal, the City reserves the right to adopt the most a,�antageous construction thereof to the City or to reject the Proposal. �I 6. BIDDER LICENSE: Bidder must be a licensed Cont�ctor in the State of Texas. ,. 7. NONRESIDENT BIDDERS: Pursuant to Article 601�� , Texas Revised Civil Statutes, the City of Fort Worth will not award this confract to a nonresident bidder unless the nonresident's bid is lower than the lowest bic� 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 c�mparable contract in the state in which the nonresident's principal place of business i�i located. Jw ,r "Nonresident bidder" means a bidder whose principal �lace of business is not in this state, but excludes a contractor whose ultimate parent �ompany or majority owner has its principal place of business in this state. This provision does not apply if this contract involves��ederal funds. �� The appropriate blanks of the Proposal must be filled $ut 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. jN 8. PAYMENT: If the bid amount is $25,000.00 or less�Mthe contract amount shall be paid within forty-five (45) calendar days after compl��ion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of th� Executive Branch of the Federal Government, Contractor covenants that neit�r it nor any of its officers, members, agents employees, program participants or ubcontractors, while engaged in performing this contract, shall, in connection with��he employment, advancement or discharge of employees or in connection with the �erms, conditions or privileges of their employment, discriminate against persons beca�se of their age except on the �p �I � I�� I L�1 L!' CI � � I�l � L�1 � � � � L�J � u 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 pers �s acting on their behalf, shall specify, in solicitations or advertisements for emplo, ees to work on this contract, a maximum age limit for such employment unle�s the specified maximum age limit is based upon a bona fide occupational qualific�� ion, retirement plan or statutory requirements. �� Contractor warrants it will fully comply with the policy d will defend, indemnify and hold City harmless against any claims or allegations�sserted by third parties or subcontractor against City arising out of Contractor's anc�or its subcontractors' alleged failure to comply with the above referenced Poli�y concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of th�M Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and ark� and all of its subcontractors will not unlawfully discriminate on the basis of disabili in the provision of services to the general public, nor in the availability, terms and/o� conditions of employment for applicants for employment with, or employees of Co�tractor or any of its subcontractors. Contractor warrants it will fully compl with ADA's provisions and any other applicable federal, state and local laws concer�ing disability and will defend, indemnify and hold City harmless against any c aims or allegations asserted by third parties or subcontractors against City arising o� of Contractor's and/or its subcontractors' alleged failure to comply with the abov�� referenced laws concerning disability discrimination in the performance of this agre��ment. � 11. MINORITY AND WOMEN BUSINESS ENTERP � SES: In accord with City of Fort Worth Ordinance No. 11923, the City of fort Wo has goals for the participation of minority business enterprises and wom�n business enterprises in City contracts. A copy of the Ordinance can be obtained frc� the Office of the City Secretary. In order for a bid to be considered responsi� the AFFIDAVIT STATEMENT included within these bid documents m�"st be completed and submitted with the bid. Failure to submit the complete� AFFIDAVIT STATEMENT shall render your bid non-responsive. The bidder shal submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WA,�VER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") a appropriate. The Documentation must be received by the managing dep�rtment no later than 5:00 p.m., five (5) City business days after the bid opening date. �� he bidder shall obtain a receipt from the appropriate employee of the managin department to whom delivery was made. Such receipt shall be evidence that the doc�� mentation was received by the City. Failure to comply shall render the bid non-respo�sive. 12. Upon request, Contractor agrees to provide the Owne��complete and accurate information regarding actual work performed by a Mi}�orrty Business Enterprise a � �N a� � �� a q (MBE) on the contract and payment thereof. Contractor f�irther agrees to permit any audit andlor examination of any books, records or files in ��s possession that will substantiate the actual work performed by an MBE and/ot�'WBE. The � misrepresenta.tion of facts (other than a negligent misrepr �entation) and/or commission of fraud by the Contractor will be grounds fo� termination of the contract � and/or initiating action under appropriate Federal, Sta.te o�klocal laws or ordinances relating to false statements. Further, any such misreprese}�tation facts (other than a negligent misrepresentation) and/or commission of fraud �ill result in the Contractor � being determined to be irresponsible and barred from par��cipating in City work for a period of time of not less than three (3) years. �� , Revised 9/24/97 a � � � _ � � � � D . 0 � � , � r� �N �k �� p �! �p �� #N �I �N �� ! �I .�� M �� a �� , �� l� � � � � � ►i: � � � � C�►� � �J \�, l�7 u �� °1e �� ^�� . �� • �� $� �r �� r �� . PR��S�� r g p,.RZ B' �! �� "�E �� i �� r `�r ��W �� ja� �� L�J � � L�1 PART B - PROPOSAL �b �� M 1 i �p � �i This proposal must not be removed from this book of Contra�t Documents. �I �I Fort Worth, Texas TO: Bob Terrell � City Manager Fort Worth, Texas � Ll � � � � I�' u l.�J L■J � L� �I L�J �I PROPOSAL FOR: The furnishing of all materials, exc �� t materials specified to be furnished by the City, equipment and labor for the cement I�ining of approxitnately 2,000 L.F. of 6-inch water mains, 3,OOQ L.F. of 8-inch water mai�, 1,000 L.P. of 10-inch water mains and 1,000 L.F. of 12-inch water mains at variou , lacations and all necessary appurtenances and incidental work to provide a comp�ete and serviceable project designated as: � PROJECT NAME: CEMENT-LINING AT VARIOUS ��,OCATIONS Water Project No. PW53-Ob0530175�720 Pursuant to the foregoing 'Notice to Bidders', the undersig ed Bidder, having thoroughly examined the Contract Documents, including plans, speci 1 contract documents, and the General Contract Documents and General Specifications f r Water Department Projects, the site of the project and understanding the amount �f work to be done, and the prevailing conditions, hereby proposes to do all the wor , furnish all labor, equipment and material except as specified to be fizrnished by the C�y, which is necessary to fully complete the work as provided in the Plans and Contract��Documents and subject to the inspection and approval of the Director of the City Engine�`ring Department of the City of Fort Worth, Texas; and binds himself upon acceptance �Of this Proposal to execute a contract and furnish an approved Performance Bond, Payr�ent Bond, Maintenance Bond, and such other bonds, if any, as may be required by th Contract Documents for the performing and connpleting of the said work. Contractor�iroposes to do the work within the time stated and for the following sums: �N �p � B-1 � �� l!J L' L � � � a �� I ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WOI�DS PRICE AMOUNT �� (Furnish and install, including all appurtenant work, comp��ete in place, the following items) (D-No. refers to related items in the Part D Special Condit}pons:) d 1. 20 EA. Access Openings, Including Paveme�t Repair per Fig.l-5, D-9, D-24; Per Each: �N � l ,-� ��r{-_ �j u ollar�� $ �� SO . $ ��, D �O . an� �-- Cents ,.. �.� 2. 2,000 L.F. Cement-Line 6-Inch Water Pipe, D-4, D-7, D-12, D-22, D-23; �p Per Linear Foot: �,Sh �eeh... • ' Dollar�p $ �� . $ ��P, o mo . andY � Cents � � 3. 3,000 L.F. Cement-Line 8-Inch Water Pipe, D�, � D-7, D-12, D-22, D-23; Per Line � oo� t: / 11 , G� �i LJ L■J I! L�J � 0 f�l � �v�N � -� l� �Y� Dolla�� $ �. $ � (/ o� �d ` Cents �1� 4 �� 1,Q00 L.F. Cement-Line 10-Inch Water Pipe, D-4, D-7, D-12, D-22, D-23; �� Per Linear Foot: / �� (,v.ea, i p 1•3 �— Dollar and � -� Cents �� y 1,000 L.F. Cement-Line 12-Inch Water Pipe, �D-4, D-7, D-12, D-22, D-23; - Per Linear Foot: �� r /w �� r w"'� Dollar�s�, and J --- Cents � Fa �� F B_� �� $ �i ( - $ �Z��-. $ 2.1, mo.o . � $ ZZ.� o o� , �� I�1 � lJ � � � � � � � � � � � L�J 1 1 � f�l � 1 L.S. 30 L.F. 30 L.F �� . �� Furnish and Lay 2-inch Pipe and Fittings for Temporary Service �� Connection, D-1 I; Per Lump Sum: � �o �,, 5,�-�,. 5� k j� u�r � / 2-] (o o u, 2� Co 0 0 /l,�� c�Dollars � $ � $ l • and Cents �� 6-Inch PVC AWWA C900 DR-14 �� Water Pipe, D-24; Per Linear Foot: ' , �� $ 3�. � �QBo. �ir � �5 /�. Dollars ° and / Cents �I w 8-Inch PVC AWWA C900 DR-14 �� Water Pipe, • D-24; Per Linear Foot: �p $37• $ r�ro. �, N7"j � v��. Dollars �I and � �--- Cents 10-Inch PVC AWWA C900 DR-14 �� Water Pipe, D-24; Per Linear Foot: �� . $�� $ ' � f � .�/,� �..� Dollars �p and � —'` Cents 9. 20 L.F 10 11. 20 L.F. 12-Inch PVC AWWA C900 DR-14 �� Water Pipe, � D-24; Per Linear Foot: �� $ ��, �u/� �'o --- Dollars �� and � �-- Cents 4 Tons Pipe Fittings including MJ Solid �� Sleeves, D-24; Per Ton ,� �� .�,� —� 2 �� Dollars $ ZJ • and ' Cents �� . �� B-3 �! $ �S�o � �00 . � � � � � � � ' � � � I � i � � r � � 12. 13. 14 15 16. 17. �� , �I �p 2 EA. 6-Inch Gate Valve w/ Cast Iron �� Box and Lid, D-27; Per Each: � �� .S � huµ�� -, Dol��s �� $ �So � $ 1 � o� . and ^ � Cents ' � �� 2 EA. 8-Inch Gate Valve w/ Cast Iron Box and Lid, �� D-27; Per Each: �r tl-�►- �t u hof �� C� Dollars �� $ �� . $ / �o � . and " Cents �� 2 EA. 10-Inch Gate Valve w/ Cast Iron �! � ; Box and Lid, D-27; Per Each: �M � �� u ~� �11 � Dollars�N $ '�J.S t� • $ �/ OD . and � � Cents � �I 1 EA. 12-Inch Gate Valve w/ Cast Iron Box and Lid, �I D-27; Per Each: , �i �i,�p/U.e hu�•li�r�-��i`{�Do11ar $ 1 7�50 ,$ ! Z j� . and -- � Cents �� 1 EA. Standard Fire Hydrant, 3'-6" �� Bury Depth; Per Each �� / /w�o '�o�Sa�... � Dollar and Cents � $ 2�00 • $ �PoO , 5 L.F. Fire Hydrant Bbl. Extension, �� D-28; Per Linear Foot: �� R- � u � �` � Dolla��s and �— Cents $� 4 0. $ ,S o O . �� N o� TOTAL BID AMO T $ �SD� �� . � I B-4 � �! ; � �I E!I CI �'' C' �J l�J �' L!�' L�J � C.' �I' Li C�' �'' I�I � �� - PART B - PROPOSAL (Cont� Within ten (10) days after acceptance of this Proposal, th�� undersigned will execute the formal contract and will deliver an approved Surety Bqnd and such other bonds as required by the Contract Documents, for the faithful perfd�nnance of the Contract. The attached bid security in the amount of 5% is to become tl�� 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��he delay and additional work caused thereby. , The undersigned bidder certified that he has been furnishe�( at least one set of the General Contract Documents and General Specifications for Wat�er Department Projects dated January 1, 1978, and that he has read and thoroughly unde��tands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. �N The undersigned assures that its employees and applicanY�� for employment and those of any labor organization, subcontractors, or employment �gency in either furnishing or referring employee applicants to the undersigned are`.not discriminated against as prohibited by the terms of City Ordinance No. 7278 as a�ended by City Ordinance No. 7400. �� The Bidder agrees to begin construction within 10 calen ar days after issue of the work order, and to complete the contract within 365 calendar d ys after beginning construction as set forth in the written work order to be furnished by th,� Owner. . (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of �N Nonresident bidders in the State of � , our principal place of business, are required to be pe��ent lower than resident bidders by state law. A copy of the statute is attache�. Non resident bidders in the State of �i ' , our principal place of business, are not required to underb}�d resident bidders. ! '� B. The principal place of business of our comp�y or our parent company or majority owner is in the State of Texas. � : � C�, �' L�JI ��I � ��J C �I Ci � CI C� �i C'� , �� CI' �i CI �� I �6 I(we) acknowledge receipt of the following addenda to the ��,ans and specifications, all of the provisions and requirements of which have been taken in�'o consideration on preparation of the foregoing bid: � I Addendum No. 1(Initials) Addendum No. 3(Ini4�ials) Addendum No. 2(Initialsl Addendum No. 4(Iriitials) �� Respectfully��ubmitted, ' �� ,� r w � �.p _ „ ,�i� �� I�1 S�c: - �I �/ `J i By: � �I , c� . i (Seal) Date: Title � ! � _ �N � - � Address � ��I /� �— f:/ f� � � ( �� r Telephone �� ,�iJ � �� , �� .��-�� -�--�. � �� ! � - , B-6 a �N , �I � � . �� - �� . � � l!J � � L'_'J �1 � � � � � � � I�! L� � � 1�� M �! �� °j fk �a �, . �N tMr !N �� A �M �� R MINORITY AND WOMEN BUSI ESS ENTERPRISES SPECIFICATIO�S �� ' �� ! �I �! �� ! �i �� i �N �I �I �� I �� P n Cit of Fort Worth Minority and Women �usiness Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicabie. If the total dollar value of the contract is less than $25,000, the M/VIIBE 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. MM/BE PROJECT GOALS The City's MBE/VIIBE goal on this project is � � °� 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 MM/BE 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 1iVaiver Form: 3. Good Faith Effort Form: received by 5:00 p.m., five (5) City business days after the bid opening �ate, exclusive of the bid opening date. received by 5:00 p.m., �ve (5) City business days after the bid opening �ate, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. �FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINAQVCE, WILL RESULT IN TNE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. Any questions, please contact the NI/WBE Office at (817) 871-6104. Rev. 6/2/98 ATTACHMENT 1A Page 1 of 2 Ci_ty of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION �,� -�� " �l� i ��. O �, � �� P IME �OMPAN%Y NAM�� B��ID/ D TE +�' �,�-�IJ / /�ry /� �v �-{.. i/1�" i ^ ,d� S��i��S i�� .J' �hGV J�� 7J /.iCG� PROJECT NAME PROJECT NUMBER I CITY'S M/�V13E PROJECT GOAL: Certified 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 andlor WBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional andlor 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. �(,.�-%�L`ifi/✓..�i�2�....... _ _�.._., tJOH�✓ C SQ�.rt��,�... „�, _._. 3�o S! ,�� `�.��,��',�� P<'�:l�/.��i� !f ��.X..%G.�/ f�.,� �/ �_��t�- ��'/ � ��.. ��.�_�.�..� �.�_�.�_.__ _. _ � ._._._. .. _.......�,.�....,m . /t U ~' � � 00 F- � �, U X Z ~ 2 Specify All Contracting Scope of Work (*) hl/WI3E PERCEN7'AGE ACHIEVED: Specify All Items to be Supplied(") ,�,; d � Q� � F" �X�►�f3 �i ��✓ . l�.+�G� f i G.C_. C'a�� P/�eT v�✓ G�/= � °x8'xd''/%�F5 ?Zv F"/�7�% (,( /��%�C'G-CS �� r�� c f;,e�%�y��-•r f�TS f�Nb,�-2 v ,� � �� 1��l�;,�f in2;�u 0; nrc� Lvs; � C.� �iyDk.-'.i-n'T J �l f �/'��l 17��.ST �itc.c ��v �.; �� ='�-o.� llJ.A- rcfr rp /� P � f� }� 0 P_.4�✓ T„�iV��L /��C�Ss.:t/.�..�..�C�uf's. ��... G/`�� U2,��T Dollar Amount ��7 .DOd , C%� � /, �so� • n� � /�p, C' � f�r�C.� i`iv�.�/'�/'"� M/WBEs must be located in the 9(nine) county marketplace or currently doing business in the marketplace at the time of bid. (') Specify all areas in which MWBE's are to be utilized andlor items to be supplied: (`) A complete listing of items to be supplied is required in order to receive credit toward the M/WBE goal. ('*) Identify each Tier level. Tier: Means the level of subcontracting below the prime contractor/consultant, i.e., a direct payment from the prime contractor to a subcontractor is considered 15� tier, a payment by a subcontractor to its supplier is considered 2"d tier. p� y,_ r�- , e?4:: �� :.: ,2�, � � / TH15 FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE _ Rev. 6/2/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1A Page 2 of 2 Ciyt of Fort Worth 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 � Scope of Work (*) Supplied(*) ,�; �> . V O � V � Z �2 �~ ' �=cT�iL ��'Tc�S �v _ v ..5700 �/ OCJ./� f�v ?l� � .._rT...��...�K � ��// %..� I �.,�.A.� �:,�,_ ��/:. �,.�? �,� �. _...� .�..._.�,,. _ ______ __ __ _ ,Q.4/�l'� l (:�'O �Sy �,�,,) 5� c��vS Dollar Amount 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) andlor 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 (3j 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 co act may res ' a determinatio an irresponsible offeror and barred from participating in City work for a perio o time not I s th one (1) year. ALL BEs and BEs MU BE CERTIFIED BY E CITY BEFORE CONTRACT AWARD r , ->.� 2 L /3 � � r `/ Auth rize i nature � Printed �nature ' ��G� �� . r�� Title "��'.� i c,a.� "�I�//L�/C.� 5 ..�i✓�, Company Na e � �� J,�, r- � Add ress ' 1 F ��r ltJn �, �-N Tu �7c� /�S✓ CitylState/Zip Code Contact Name and Title (if different) .�/ 7- ,-2.37� i�� Telephone Number (s) �'/ 7- .�.� �_ � � ,G.� Fax Number �7-��> Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE _ Rev. 6/2/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1B � Page 1 of 1 City of Fort Worth Minority and Women Business Enterprise Specifications Prime Contractar Waiver Prime Compa�y Name Bid Opening Date Project Name Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort 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:this #orm in its entirety and'be received by the Manaqj�,a Dea��tment on or before:5:00 a.m.. five (51 Citv business days after bid onenina, exclusive<of the bid'opening date, will result in;the bidbeing considered non-responsive to bid;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 propased 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 Signature Title Company Name Address Authorized Signature Printed Signature Contact Name (if different) Contact Telephone Number (s) Fax Number Company Name Rev. 6/2/98 ATTACHMENT 1C Page 1 of 3 City of Fort Worth Minority and Women Business Enterprise GOOD FAITH EFFORT Prime Company Name Project Name Bid Date Project Number !If you have failed to secure M/WBE participation a�d you have subcontracting and/or supplier opportunities or if your � NUWBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compiiance with the M/WBE goal is based upan demonstration of a "good faith effort", the bidder will have the burden. of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentionai discrimination by the bidder. Failure to complete _this form, in its entirety with supporting documentation, and received by the Managing Department on or before5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS which will be used in the completion of this project, regardless of whether it is to be provided by a M/WBE or non- M/WBE. (Use additionai sheets, if necessaryj List of: Subcontractinq Opportunities List of: Supalier Opportunities Rev. 6/2/98 ATTACHMENT 1C Page 2 of 3 2.) Did you obtain a current list of M/WBE firms from the City's M/WBE Office? The list is considered in compliance, if it is not more than 3 months old from the date of bid opening. - Yes No Date of Listing _�_ j 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes If yes, attach M/WBE mail listing to include name of firm and address and a dated No copy of letter mailed. 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telepho�e, exclusive of tfie day the bids are opened? Yes If yes, attach list to include name of M/WBE firm, ep rson contacted, No phone number and date and time of contact. NOTE: A facsimile may be used to comply with:either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which 3s to provide NUWBE name, date, time, fax number and documentation faxed. NOTE: .If a SIC list of M/WBE is ten or less, the bidder must contact the entire iist to>be in compfiance with`. questions 3 and 4. If a sic list of �M/WBE is more than #en, the bidder must contact at`least�two-thirds' of the list�but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? Yes No 6.) If M/WBE bids were received and rejected, you must: (1) List the M/WBE firms and the reason(s) for rejection (i.e., quotation not commercially reasonable, qualifications, etc.) and (2) Attach affidavit and/or documentation to support the reason(s) listed below (i.e.. letters, memos, bids, telephone calls, meetings, etc.) (Please use additlonal sheets, If necessary, and attach.) Company Name Telephone Contact Person Scope of Work ADDITIONAL INFORMATION: Reason for Rejection .,.... �,.,,,,4 ATTACHMENT 1 C Page 3 oi 3 Please provide additional information you feei will further explain your good and honest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may �esult in a determination of an irresponsible offeror and barred from participating in City work for a period of time not iess than one (1) year. The undersigned certifies that the information provided and the MMIBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in „ Attachment 1 C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Title Company Name Address City/State2ip Printed Signature Contact Name and Title (if different) Telephone Number(s) Fax Number Date Rev. 6/2/98 �� a a D D � � � � � � � � � � Q � � � � �� ,��Z1S ��D1 � � - �EN�� ' AR �� ; , �r i �0 �q F� � 9�! �� T � � �� 0 � C PART C - GENERAL TABLE OF CONTENTS NOVEMBER, l, 1987 TABLE OF CONTENTS � I�* L � i.. Cl-1 Cl-l.l 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 cl-l.ii C1-1.12 C1-1.13 C1-1.14 C1-1.15 C1-1.16 C1-1.17 C1-1.18 C1-1.19 C1-1.20 C1-1.21 C1-1.22 C1-1.23 C1-1.24 C1-1.25 C1-1.26 C1-1.27 C1-1.28 C1-1.29 C1-1.30 C1-1.31 C1-1.32 C2-2 � C2-2.1 C2-2.2 C2-2.3 �'r C2-2,4 C2-2.5 �+ C2-2.6 � , �, � � 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 INTERPRETATION AND PREPARATION OF PROPOSAL Proposal Form Interpretation of Quantities Examination of Contract Documents and Site Submitting of Proposal Rejection of Proposals Bid Security (1) CONDITIONS Cl-1 C1-1 C1-1 C1-1 Cl-1 Cl-1 C1-1 Cl-1 Cl-1 C1-1 Cl-1 Cl-1 Cl-1 Cl-1 C1-1 C1-1 C1-1 C1-1 Cl-1 C1-1 C1-1 Cl-1 C1-1 Cl-1 Cl-1 C1-1 Cl-1 Cl-1 C1-1 C1-1 Cl-1 Cl-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 (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 C3-3.10 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 complianee 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 CS-5.2 Conformity with Plans C5-5.3 Coordination of Contract Documents C5-5.4 Cooperation of Contractor CS-5.5 Emergency and/or Rectification Work C5-5.6 Field Office CS-5.7 Construction Stakes CS-5.8 Authority and Duties of Inspectors C5-5.9 Inspection C5-S.10 Removal of Defective and Unauthorized CS-5.11 Substitute Materials or Equipment C5-5.12 Samples and Tests of Materials C5-5.13 Storage of Materials C5-5.14 Existing Structures and Utilities C5-5.15 Interruption of Service C5-5.16 Mutual Responsibility of Contractors CS-5.17 Cleanup C5-5.18 Final Inspection C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (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 C4-4 C4-4 C4-4 C4-4 C4-4 (1) (1) (1) (2) (2) (3) C4-4 (4) CS-5 C5-5 CS-5 CS-5 C5-5 C5-5 CS-5 CS-5 C5-5 Work C5-5 C5-5 C5-5 C5-5 CS-5 CS-S CS-S C5-5 C5-5 (1) (1) (2) (2) (3) (3) (3) (4) (5) (5) (5) (6) (6) (7) (7) (8) (8) (9) (2) � L_ i h l" [�l � � �� [ "I C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C6-6.2 Permits and Licenses C6-6.3 Patented Devices, Materials and Processes C6-6.4 Sanitary Provisions C6-6.5 Public Safety and Convenience C6-6.6 Privileges of Contractor in Streets, Alleys, and Right-of-Way C6-6.7 Railway Crossings C6-6.8 Barricades, Warnings and Watchmen C6-6.9 � Use of Explosives, Drop Weight, etc. C6-6.10 Work Within Easements C6-6.11 Independent Contractor C6-6.12 Contractor's Responsibility for Damage Claims C6-6.13 Contractor's Claim for-Damages C6-6.14 Adjustment of Relocation of Public Utilities, etc. C6-6.15 Temporary Sewer Drain Connections C6-6.16 Arrangement and Charges of Water Furnished by City C6-6.17 Ose of a Section of Portion of the Work C6-6.18 Contractor's Responsibility for Work C6-6.19 No Waiver of Legal Rights C6-6.20 Personal Liability of Public Officials C6-6.21 State Sales Tax 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 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 bl Court Order Temporary Suspension Termination of Contract due to National Emergency Suspension of Abandonment of the Work and Annulment of Contract Fulfillment of Contract Termination for Convenience of the Onwer Safety Methods and Practices C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement of Quantities C8-8.2 Unit 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 (S) C8-8 (5) � � ' � :. r � ' � � � i �� SECTION Cl-1 DEFINITIONS PART C - GENERAL CONDITIONS Cl-1 DEFINITIONS C1-l.l 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: � � � � , � � � rr � PART A- NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C- GENERAL CONDITIONS (CITY) Canary Yellow ( Developer ) � ��,� PART D- SPECIAL CONDITIONS Green PART E - SPECIFICATIONS E1-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special 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 - SPECZFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H- PLANS (Usually bound separately) Cl-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 �o have iione, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated.ordinances. Wherever there may be a conflict between the General Conditions and.Special Conditions, the latter shall take precedence and shall govern. � :.� C1-1.7 SPECIAL CONDITIONS: Special conditions are the ' specific requirements which are necessary for the particular � project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the ;' General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of •f 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) � � � faithful performance of the contract and include the �j following: �L �w � a. Performance b. Payment Bond c. Maintenance d. Proposal or to Bidders, Bond (see paragraph C3-3.7) (see paragraph C3-3.7) Bond (see paragraph C3-3.7) Bid Security (see Special Instructions Part 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-l.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. Y� ['_" C1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manger, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. 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) � �� _ 1 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 authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such 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 Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m, and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6. 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: Legal holidays shall be prescribed by the City Council of the City of Fort observance by City employees as follows: C1-1 (4) observed as Worth for � i � � � ' ' � � ' ' fY� r � � � �. 2. 3. 4. 5. 6. 7. 8. 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 Ch�ristmas Day December 25 Such other days in lieu of hol.idays as the City Council may determine When one of the above named holidays or a special holiday is declared by the City Council, falls on Saturday, the holiday � shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO - � � ASCE - LAW - ASTM - � AWWA - � ASA -_ HI � Asph. _ Ave. Blvd. - � CI _ CL GI - � Lin. _ lb. MH Max. - A iri � American Association of MGD - Million Gallons Per State Highway Transportation Day Officials American Society of Civil CFS - Cubic Foot per Engineers Second In Accordance With American Society of Min. - Minimum Testing Materials Mono.- Monolithic American Water Works $ - Percentum Association R - Radius American Standards Association I.D. - Inside Diameter Hydraulic Institute O.D. - Outside Asphalt Avenue Boulevard Cast Iron Center Line Galvanized Iron Linear or Lineal Pound Manhole Maximum Cl-1 (S) Diameter Elev.- Elevation F - Fahrenheit C - Centigrade In, - Inch Ft. - Foot St. - Street CY - Cubic Yard Yd, - Yard SY - Square Yard L.F. - Linear Foot D.I. - Ductile Iron C1-1.27 CHANGE ORDER: A"Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25$ of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepar�d 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 unimpr�ved surface: l. � 3. 4. 5. Any type of asphaltic concrete with or without separate base material. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. Brick, with or without separate base material. Concrete, with or without separate base material. 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 def ined 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 lin es 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 other than the natural material found on the street surface before any improvement was made. � Cl-1 (5) � O SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATZON OF PROPOSAL � � L'� � SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal.form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid�prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency,_and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10$) percent of the•estimated project cost will be required. � For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and � magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date on �* which are to be received. The Director af the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. �' The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such � additional equipment as may be required to complete the project on which he submits a bid. � C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal C2-2f1) t w ;4 � �� forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be f urnished may be increased or. decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all�of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read � and become familiar with the Contract Documents, to visi,t the site of the project and examine carefully all local � conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other � � means as may be necessary to gain a complete knowledge of the � conditions which will be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances � affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an ■ intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in � the Contract Documents and officially promulgated addenda � thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, � investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the � bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in � construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the C2-2(2) 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 �ust 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. � I � � � C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalance value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a"Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on�the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2(3) Y C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each �proposal.shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set f or opening proposals. A request for non-consideration of a pr000sal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed ma , at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." Al1 proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the C2-2(4) � ' �,,, Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of � the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2-2_12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reason: � L'� � � � � � � � a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. c. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract, e. The bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. g. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2. A current experience record showing especially the project� 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. � � J C2-2(S) � � � � 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 th right will be reserved ' waive technicalities, to proceed with the work i the best interest of the e contract is made by the Owner, the to reject any or all proposals and re-advertise for new proposals, or to n any manner as maybe considered for Owner. iw C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, � upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by Owner, to allow and audit and/or an examination of any books, records, or files in the possession � of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for n, initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; ' further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of w"� time of not less than six (6) months. � C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. � � C3-3 (1) � The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withholdfinal action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETU�N OF PROPOSAL SECURITIES: As soon as proposed price totals ave been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and f or the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or the use of inferior materials. This performance C3-3 (2) L� bond shall g uarantee the payment for all labor, materials, equipment, supplies, and services used �'I in the construction of the work, and shall remain in full force and effect until provisions as above �„ stipulated are accomplished and final payment is made on the project by the City. L � � b. MAINTENANCE BOND: A good and sufficient � maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. c. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, f ull 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 the at any time by the Owner, to that effect and the � contract be determined unsatisfactory notice will be given the Contractor Contractor shall immediately provide a C3-3 (3) � new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract-, the Contractor shall execute and file with the Owner the Contract and such bonds as may be required.in the Contract Documents. No contract shall be binding upon the owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occuring to the Owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such f ailure 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 s� by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub-contractors' C3-3 (4> � � certificate of insura nce for approval. The prime contractor shall indicate on the certificate of insurance included in the � documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall inciude the coverage � of all sub-contractors. a. COMPENSATION INSURANCE: The Contractor shall � . maintain, during the life of this contract, Workers' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. � In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers' Compensation Statute, � the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. �� f� � � b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain �during the life of this contract Contractor's Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in an amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. c. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set f orth for public liability and property damage, the following insurance: l. Contingent Liability (covers General Contractor's Liability for acts of sub-contractors). 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adaacent to same>. 4. Damage to underground utilities for $500,000. ' � C3-3 (S) � S. � Builder's risk (where above-ground structures are involved)_ Contractual Liability (covers all indemnification requirements of Contract). d. AUTOMOBILE INSURANCE - BODZLY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, � during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by h_im, 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 Contract Documents in amounts and by carriers satisf actory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub-contractor, should the Prime Contractor's insurance not cover the sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The � insurance and bonding companies with whom the Contractor's insurance and performance, payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the C3-3 (6) � � City of Fort Worth, Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom � servic e of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and � settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been � . damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority � must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth-Dallas area. The name of the agent or agents shall be set � forth on all of such bonds and certificates of insurance. � C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. � C3-3.i3 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close j� of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents � shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates � shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, y association, corporation or other who is approved to do business with and enters into a contract with the City for Q construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or � he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters ,� pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or � other expenditures, all claims against the work or any other � C3-3 (7) � ;r � ' matter associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for administration of the work under the Contract sha11 be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Gontractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project,�all appropriately signed and sealed, as applicable, by the Contractor's responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative f ail 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? � � � � � � � � L ��, C� i � �. � �I PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the f orm of Addenda. Al1 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 Qt�ANTITIES: The Owner reserves the right to alter the quantities of the work to be perf ormed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perf orm the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as C4-4 tl) 1 ._� � ' waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considere3 as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a"Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or�more combination of the following methods: a. a Unit bid price previously approved. An agreed lump sum. c. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates; (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10$ of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method t � ' � i � � � ' ' , ' ' C4-4 (2) 1 � � su ested b the Owner and shall give the Owner 9g Y • access to all accounts, bills, vouchers, and � records relating to the Extra Work. No "Change Order" shall become effective until it has been �!' approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless � ordered in writing by the Owner. In case any orders or � instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer � for written orders authorizing such Extra Work, prior to beginning such work. � Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall � proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor �"" shall file his claim with the Owner within f ive ( 5) days - before the time for making the first estimate after such work is done and unless the claim is supported by satisf actory vouchers and certified payrolls covering all labor and � materials expended upon the said Extra Work, The Contractor shall furnish the Owner such installation � records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual � installation. The compensation agreed upon for 'extra work' whether or not iniitiated by a'change order' shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result or the change or extra work. � C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Owner � and receive the Owner's approval thereof, a"Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the contract. There shall be also shown the estimated monthly � cost of work for which estimates are to be expected. There � C4-4 (3) 8 shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review ihe draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints, sequencing requirements and completion time. b. The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. C4-4 (4) � � c. Durations shall be in calendar days and normal holidays and weather conditions over the duration � of the contract shall be accounted for within the duration of each activity. �' ' d. One critical path shall be shown on the construction schedule. e. �Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. ' f. Thirty days shall be used for submittal review unless otherwise specified. � The construction schedule shall as a minimum be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve � activities of approximately fourteen (14) days duration. For each general category, the construction schedule shall � identify all trades or subcontracts whose work is represented-by activities that follow the guidelines of this Section. � For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptance activities and events in � their logical sequence for equipment and materials. l. � 2. � 3. 4. � 5. 6. iw 7. � 8. � � Preparation and transmittal of submittals. Submitt-al review periods. Shop fabrication and delivery. Erection or installation. Transmittal of manufacturer's operation and maintenance instructions. Installed equipment and materials testing. Owner's operator instruction (if applicable). Final inspection. C4-4 (S) �� I 9. Operational testing_ 10. Final inspection. _' If, in the opinion of the Owner, work accomplished falls -�, behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, =r� the Owner may require the Contractor to submit a revised '� schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the Owner finds _' the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or the � overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. . ' 1 � � ' �__� ' 1 � ;� C4-4 (6) r � � L IJ PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERZALS �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 �r arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, b 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 �r; thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract ' documents. He shall determine the amount and quality of the work � completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall ' be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary � decisions and orders as the Contractor fails to carry out promptly. � ' In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, •aithin 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. � 1�i C5-S (1) � •R:� 1 C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contract shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contrac tor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who arz fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to 1 � ' ' 1 ' � � � � � ,� ' I � C5-S (2) ' adequately provid �traveling pu blic or � project extends or project routing. e for the safety or convenience of the the owners of property across which the the safety of property contiguous to the � The Contractor shall provide all facilities to enable the � Engineer and his inspector to examine and inspe ct the workmanship and materials entering into the work. � C5-5.5 EMERGENCY AND/OR RECTIFZCATION WORR: When, in the opinion of the Owner or Engineer, a condition of emergency � exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a � response shall occur day or night, whether the project is scheduled on a calendar-day or on a working-day basis. � Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the � project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take � remedial action to correct the condition. In the event the Contractor iioes 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 �n remedial action, plus 25$, from any funds due the Contractor on the project. CS-5.6 FIELD OFFICE: The Contractor shall provide, at no � extra compensation, an adequate f ield off ice 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. ir� � � � CS-5.7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. CS-5 (3) These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for the Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25� will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTORS: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials or equipment to suspend work until the question at issue can be referred to and be decided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary to the requirements of the Contract Documents. He will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performirig any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents, provided, however, should the Contractor object to any orders or instructions of the City Inspector., the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. C5-5 (4) � � C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not � the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so reguests, the Contractor shall, at any time before acceptance of the work, � remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract-Documents. � Should the work exposed or examined prove acceptable, the � uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of � all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. � CS-5.10 REMOVAL OF DEFECTZVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be �., remedied or removed and replaced in an acceptable manner by � the Contractor at his own expense. Work done beyond the lines " and grades given or as shown on the plans, except as herein specifically provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the i�r expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the � Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the �,,, authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost ° thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance � of such works. CS-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the � Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any �,i, material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the preconstruction conference, make written application t.o ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the ir.� functions called for by the general design, be similar and of equal substance to that specified and be suited to the same � use and capable of performing the same function as that specified; and identifying all variations of the proposed � C5-S (S) II substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense.� Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. CS-5.12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall be in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contactor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be ma3e prior to the use of the new materials. CS-5.13 STORAGE OF MATERIALS: All materials which used in the construction operation shall be store insure the preservation of the quality and fitness of When directed by the Engineer, they shall be placed platforms or other hard, clean durable surfaces and are to be d so as to the work. on wooden not on the CS-5 (6) r- '1 ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate � prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and � dimensions shown on the Plans relative to existing utilities are based on the best information available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, � existing.underground utilities. The location of many gas mains, water mains, conduits, sewer l.ines 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 o bstruction � encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract �„ Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractors responsibility to verify locations ` of adjacent and/or conflicting utilities sufficiently in 'r,,; advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to providz adequate clearances. The Contractor shall take all � necessary precautions in order to protect all existing utilities, structures and service lines. Verification of � existing utilities, structures and service lines shall include notification of all utilitY companies at least forty eight y (48) hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as �„i subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: — a. Normal Prosecution: In the normal prosectuion of � work where the•interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to. � l. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. LJ C5-S (7) L �J 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. Emerqency : In the event that an unforeseen service interruption occurs, notice shall be as above,but immediate. CS-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the Contractor, any other Contractor or any sub-contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub-contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the the satisfaction of the Engineer. Twenty-fours fours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the C5-5 (8) � ' unsatisfactory procedure, the City may take such direct action t 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 pa.yment will be made, the Contractor shall clean and � remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He ' shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be 1� 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. , CS-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final cleanup performed, the , Engineer will notify the proper officials of the Owner and request that the Final inspection be made. Such inspection will be made within 10 days after such notification. After ' such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council, No time , charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. � L_J , ' , � CS-S (9) , r � � rr � � � � � � � � 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. C6-6.3 PATENTED DEVICES[ MATERIALS AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or cos.t 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 f or any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6 (1> C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, � C6-6 (2) �i ' gas valves, or manholes in the vicinity. The Owner reserves � the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have � the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police , Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and, when so directed by the Engineer, shall keep any street, � streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back in service. � � , � 1 Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. ' C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions � of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be � specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for - construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or �ri 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 L C6-6 (3) � carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon right-of-way of any railway, the City will secure necessary easement for the work. Where the railway tracks to be crossed, the Contractor shall observe all regulations and instructions of the railway company as to methods of performing the work and take all precautions safety of property and the public. Negotiations with railway companies for permits shall be done Y�y and through C't The Contractor shall give the City notice not less any the are the the for the the than i y. five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights and danger. signals, shall provide such.watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. C6-6 (4) � �, I � 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 reguired construction, the � Contractor shall contact the Transportation and Public Works � department, . Traffic Services . Division (phone number 871-8100), to remove the sign. In the case of regulatory , signs, the Contractor must replace the permanent sign with a y temporary sign meeting the re.quirements of the above referenced manual and such tempora�ry sign must be installed prior to the removal of the permanent sign. If the temporary � sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When � construction work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Traffic Services�� Division to re-install the permanent sign and shall leave his temporary sign in place = until such re-installation is completed. The Contractor will be held responsible for all damage to the � work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may � order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, � signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. � "" No compensation, except as specifically provided in these . Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or � for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other � incidentals necessary for the proper protection, safety, and convenience of the pubiic during the contract period, as this work is considered to be subsidiary to the several items for � which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in � C6-6 t5) � � 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 f urnish 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 aIl times. Al1 vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible, not us e heavy traffic routes. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges as the City may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified 'approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use C6-6 (6) 1 . ' ' � r ' � ' ' � � ' � � � ' every precaution to prevent damage to all trees, shrubbery, � plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances � thereof, including the construction of temporary fences, and to all other public or private property along adjacent to the .� work. "" The Contractor shall notify the proper representatives of � owners or.occupants of public or private lands or interest in lands which might be aff ected 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 1 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 damages or injury in a manner acceptable to the owner of the ^ property and the Engineer. � � � All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the f ence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of th removed whenever the work is not in progress and site is vacated overnight, and/or at all times t livestock from entering the construction area. The fence removal, temporary closures and replacement subsidiary to the various items bid in the C6-6 (7) ; fencing when the � prevent cost for shall be project � proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property�as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due or to become due to the Contractor under this Contract. C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor shall have exclusive control of and the exclusive right to control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and daes hereby indemnif y, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any an all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers agents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents employees, contractors, subcontractors, licensees and invitees, whether or not caused, C6-6 (8) J � � ' � � i �I I�, � in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and 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 �oncerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. � � i� 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 C5-6 (9) expiration of the six month period the Director may recommend that final payment be made if all other work.has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage C6-6 (i0) � received from these temporary connections until such times as ' the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or � ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner � so that no nuisance is created and so that the work under construction will be adequately protected. �; C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in � connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. � � ' City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. 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, will be as � prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water � Department. C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put � into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said � work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into � use, due to defective materials or workmanship, equipment, or to deficient operations on the part of the Contractor, shall = be performed by the Contractor at his own expense. � C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part C6-6 (11) �i thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Znspection by the Engineer or any order by the Owner by payment of money or_any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representatives of the Owner, either personally or otherwise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued by the Contractor in �ieu of 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 limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. C6-6 (12) � tLimited Sale, Excise and Use Tax permits and information can be obtained from; ` Comptroller of Public Accounts Sale Tax Division � Capitol Station " Austin, TX y ' � � � � � , , , � � � �"" �i C6-6 (13) �1 � t � PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS a SECTION C7-7 PROSECUTION AND PROGRESS: � r � � C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workman under his immediate superintendance, work of a value of not less than fifty (50$) percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject to the same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times; when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, convey,�or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. �„� If the Contractor does, without such previous consent, assign, transfer, sublet, convey, br 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 reguested by the Engineer, a progress schedule preferably in chart or diagram f orm, or a � brief outlining in detail and step by step the manner of �", � C7-7 (1) � � prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall also be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Document�s 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 sequenc e requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any deviation from scuh sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 "Extension of Time of Completion" of this Agreement, and a progress schedule shali not constitute a change in the contract time. C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for the proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor is avaifable. The Contractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties or tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or C7-7 (2) J � � otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the Owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate-any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such � equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for � handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such � that no injury to the work, workmen or adjacent property will result from its use. � C7-7.6 WORK SCHEDULE: Elapse3 working days shall starting with the first day of work completed as C1-1,23 "WORRING DAY" or the date stipulated i � ORDER" for beginning work, whichever comes first. .r4. be computed� defined in n the "WORK Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Legal Holiday must be made to the than the proceeding Thursday. � 1 Saturday, Sunday or Engineer no later b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a "'� request for approval to work on a specific Saturda y, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. � Calendar Days shall be defined in C1-1.24 and the Contractor � may work as he so desires. � C7-7 (3) � � � C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor � shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as � abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will � insure th-at the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such � extension of time as may be properly authorized by the Owner. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval . In adjusting the contract time for completion of work, � consideration will be given to unforseeable causes beyond the control of and without the fault or negligence of the Contractor, including but limited to acts of the public enemy, � � acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub-contractors due to such causes. �' � When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather � will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase � order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate � sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract ' should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change � Order. C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and � unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if � ►.� C7-7 (4) . � � � ' M ' � t � �� ' ' � � � � � ,� � any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall b� final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the contract docum2nts. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specif ic contract being bid upon. The amount of time so stated by the successful bidder or the City will bec ome the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after thz time specified in the Contract Documents, or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. AMOUNT OF CONTRACT Less than $ 5,000 $ 5,001 to $ 15,000 $ 15,001 to $ 25,000 $ 25,001 to $ 50,000 $ 50,001 to $ 100,000 $ 100,001 to $ 500,000 C7-7 (5) inclusive $ inclusive $ inclusive $ inclusive $ inclusive $ inclusive $ 35.00 45.00 63.00 105.00 154.00 210.00 $ 500,001 to $1,000,000 inclusive $ 315.00 $1,000,001 to $2,000,000 inclusive $ 420.00 $2,000,001 and over $ 630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult of accurate estimation, and that-the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City �for harm caused by any delay. C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the event the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary.- Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer C7-7 (6) � � � N that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not from the -Engineer and shall � promptly when notifie operations. 1 � r� � ' � ' � � � � � suspend work without written notice proceed with the work operations d by the Engineer to so resume C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the Owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the f ault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Gontractor in procuring and making available the necessary labor, materials and equipment within thirty days, the Contractor may request the Owner to terminate the contract and the Owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include, but not be limited to, the payment for all work executed but no anticipated profits on work which has not been performed. C7-7.14 SUSPENSIOtv OR ABANDONMENT OF THE WORR AND ANNULMENT OF CONTRACT; The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared cancelled by the City Council for any good and sufficient cause. The f ollowing, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. C7-7 (7) b. Substantial evidence that progress of the work operations by Contractor is insufficient to complete the work within the specified time. c. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. F.� e. Substantial evidence that the Contractor has abandoned the work. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. J- k. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. If the Contractor commences legal action against the Owner. A copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is cancelled, the Contractor shall discontinue the work or such part thereof as the Owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with the written � C7-7 (8) � consent of the Owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the ' written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the � Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the � terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, � subject to a�l of the terms of the Contract Documents. ' In case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has � ordered by the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it ' may determine, the work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and � use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the � purpose of carrying on the work and to procure other tools, equipment, materials, labor and property for the completion of the work, and to charge to the account of the Contractor of � said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged - shall be deducted by the Owner from such monies as may be due or may become due at any ti-me thereafter to the Contractor � under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted � shall be the actual cost of the owner of such work. In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed � by the Contractor, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work ' is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the � terms of the Contract Documents and in such a manner as to not , hinder or interfere with performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be � considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have � ' C7-7 (9) ' been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: A. NOTICE OF TERMINATION: The performance of the work . under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be effected by mailing a notice of termination to the Contractor specifying the extent to which performance of work under the contract is terminated�, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the Owner regarding such discretionary action. B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2, place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 3, terminate all orders and subcontracts to the extent that they relate to the perf ormance of work terminated by the notice of termination; 4. transfer title to the manner, at the if any, directed by the Owner and deliver in times, and to the extent, the Engineer: � C7-7 (10) � � � � � I�* J � � � � � � � � � � � a. i� the fabricated or unfabricated parts, work in process, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of termination; and the completed, or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. 5. complete performance of such part of the work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the Owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and guality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Engineer. Not later than 15 days thereafter, the Owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. C. TERMINATZON CLAIM: Within 60 days after notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. C7-7 (11) I "' D. AMOUNTS: Subject to the provisions of Item C7-7.16(C), the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price as reduced by � the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits. Nothing in C7-7.16(E> hereafter, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragranh. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16 (D) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this section the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the contractor under this section, there shall be deducted (a) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (b) any claim which the Owner may have against the Contractor in connection with this contract; and (c) the agreed price for, or the proceeds of sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. ADJUSTMENT: If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract, the Contractor may file with the Engineer a request in writing for an C7-7 (12) � � 1 fp� IJ equitable adjustment of the price or prices specified in the contract relating to the c ontinued portion of the contract (the portion not terminated by the notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the Owner and the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. H. NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter th� rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "Suspension of Abandonment of the work and Amendment of Contract" or any other right which Owner may have f or default or breach of contract by Contractor. *" C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be , responsible for i.nitiating, maintaining, and supervising all safety precautions and programs in connection with the work at �--. all times and shall assume all responsibilities for their � enforcement. The Contractor shall comply with federal, state, and local � laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the wor;c. � ' , ' ' L C7-7 (13) ' � ' `g 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 y` 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 f urnishing 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, surf ace, 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 f or the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidary work necessary for the construction and completion of all the work to provide a complete and f unctional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and �"' accept the compensation, as herein provided, in full payment , for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the � nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be � encountered during the prosecution of the work at any time -t� C8-8 (1) i � before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completeing the work in an acceptable manner according to the terms of�the Contract Documents. The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfection, or damage shall have been discovered on or before the final inspection and acceptance of work or during the one year guaranty period after final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between 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 period under the Contract Documents. Not later than the lOth day of the month the Engineer shall verify such estimate, and if it is found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars ($100.00) in amount, 90$ of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000, or 95� of such estimated sum will be paid to the Contractor if the total contract amount is $400,000 or greater within twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on f orms furnished by the City. The partial estimate may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the the time of the estimate have not been installed. (such payment will be allowed on a basis of 85� of the net invoice value thereof.) The Contractor shall furnish the Engineer such information as he may request to aid C8-8 (2) � � � .' � him as a guide in the verification or the preparation of partial estimates. It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate,and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or �the release of the Contractor of any of his responsibilities under the Contract Documents. � , The City reserves the right to withhold the paymeht of any monthly estimate if the contractor fails to perform the work strictly in accordance with the specifications or provisions � of this contract. C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or � estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. � C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notif y the Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment therefor as outlined in C8-8.8 below. w 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. � I�r � Al1 prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. C8-8 (3) ' �f .� The amount of the final estimate, less previous payments and any sum that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the Owner satisfactory evidence of payment as f ollows: Prior to subrnission of the final estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for persvnal injury and/or property damages. � The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under Contract Documents or any act or neglect of said City relating to or connected with the Contract. The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. �� C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent Engineers and designers to � prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own �'� design features, sufficiency of the Contract Documents, the � safety of the structure, and the practicability of the operations of the completed project, provided the Contractor �. has complied with the requirements of the said Contract :� Documents, all approved modifications thereof, and additions and alteraiions thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the ' Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. � C8-8.10 GENERAL GUARANTY: Neither the final certificate of � payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the � Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties ' or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and � C8-8 (4) � � ' pay for any damage to other work resulting therefrom which �shall appear within a period of one year from the date of � final acceptance of the work unless a longer period is specified andshall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the � contract which shall assure the performance of the general guaranty as above outline. The Owner will give notice of 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 restora*ion, rock excavation and cleanup are general items of work which fall in the category � of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish � unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one-tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of � the actual amount used for the project. � C8-8.13 RECORD DOCiJMENTS: 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. , � Ik , � cs—a cs� � � '� � L� � � , � � �� u � � � L�J �� L�l ��■1 L�J L•1 �I. 1N 16 �a J� �I �p �M �! �� ! �a ,II �N �� PART D — SPECIAL CONDIT�[ONS �a �I �M �� . �! �! �I �p a�� t� , �� k �I �i �M i ! �� 1� �t } � � � � � � � � � � � � ,� � � � � � � 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 PART L - SPECIAL CONDITIONS ' ' TABLE OF CONTENTS` � , 1 TABLE OF CONTENTS General Project Designa�ion Right To Audit Sterilization of Water Lines Wage Rates _ Coordination with Fort Worth Water ��epartment Dewatering , Substitutions Pavement Repair Removal of Existing Facilities . 2-Inch Temporary Service Line � Site Prepazation Bid Quantities Tnterpretation and Prepazation of Prc��osa� Bonds � Disposal of SpoiUFill Material Traffic Control Indemnification Damage to Private Property . Worker's Compensation Insurance - Explanation of Bid Items Cleaning �f Water Pipe Cement Lining of Water Pipe Access Openings Option to Renew Contractor's� Responsibility for Dar�age Claims Valve Blocking ; � : , ,. .,.�d. °�, -,• W . . �o � 0 � � �J l�' L'�J � I�'� I!1 LJ i� � PART D - ,SPECIAL CONDITIO�S D-1 General: Subject to modifications as herein contained, the Fort Worth Contract Documents and Specifications, effective July 1, 197 are made a part of the Contract Documents for this project. T and Provisions Documents, and the rules, regulations, requir� drawings or details referred to by manufacturer's name, numl therein as specifying, referring or implying product control, � other shall be binding upon the Contractor. The specification considered cooperative; therefore, work or ma.terial called fo; mentioned in the other shall be accomplished or furnished in required by a11. �Jater Department's General �, with the latest revisions e Pl�ns, Special Conditions �nents, instructions, �r or identification included prformance, quality, or and drawings shall be by one and not shown or � faithful manner as though The,order or precede�ce in case of conflicts or discrepancies � ietween various parts of the °Contract Documents subject to the ruling of the Engineer sh� l�generally, but not necessarily, follow the guidelines listed below: . 1. Plans 2. Contract Documents 3. General Contract Docume� s and Specifications The following Special Conditions shall be applicable to this roject and shall govern over any cvnflicts with the C�eneral Contract Documents under th�provisions stated above. D-2 Pro.ject Designation: Construction urider these Special Documents shall be performed under the Fart Worth Water Department Project Designations: Water Project Number PWS? �060530175720 � D-3 Right To Audit: . RIGHT TO AUDIT: Part C- General Conditions, Section ��-8 MEASUREMENT AND PAYMENT, Page G8-8 (5), add th,c following: L�1 L�J �u � L�� "C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration �f three (3) years after final payment under this contract, have access to and the right to amine and photocopy any directly pertinent books, documents, papers and records of t Contractor involving transactions relating to this contract. Contractor agrees tha he City shall have access during nocmal worlcing haurs to all necessary Contractor fa lities and shall be provided adequate and appropriate work space in order to conduct aucits in compliance with the D-1 L�'J �� provisions of this section. The City shall give contractor reakonable advance notice of intended audits. li � (b) Contractor further agrees to include�in a11 its subcontrac effect that the subcontractor•agrees that the City sha11, until years after fmal payment �znder the subcontract, have acces; and photocopy any iiirectly pertinent books, documents, pa subcontractor, involving transactions to the subcontract, an have access during normal working hours to all subcontrac� provided adequate and appropriate work space, in order to � with the provisions of this article. City shall give subcontr; notice of intended audits. hereunder a provision to `the ae expiration of three (3) io and the right to examine :rs and records of such further, that City shall r facilities, and sha11 be �nduct audits in compliance � :tor reasonable advance I� u (c) Contractor and subcontractor agree to photocopy such d uments as may be requested � by the City. The City agrees to reimburse the Contractor fo�the cost of copies as O follows: i I,� � I�J u � � � � �' LI � � 1. �50 copies and under - 10 cents per page 2. More than 50 copies - 85 cents for the fi�t �age plus fifteen cents for each page thereafter. D-4 Sterilization of Water Lines: Before being placed into service all rehabilitated water lin accordance with E2-24 of the General Contract Documeni modified herein. The City will furnish all water for INITI. water lines. All other materials for construction of the prc (HTI� shall be furnished by the'Contractor. Chlorinated sufficient quantities to provid��a chlorine residual of fifty chlorine shall be measured after 24 hours and sha11 not be free chlorine. Chlorinated water shall be disposed of in tt Should a sanitary sewer not be available, chlorinated wate to disposal. The line may not be placed in service until tv taken 24 hours apart, have met the established standards c . shall be sterilized .in and Specifications except as � cleaning and sterilization of ;ct, including chlorinated lime ne �iTI-� shall be used in 0) PPM. The residual ro�f free ;ss than 10 parts per million of �anitary sewer system. shall be."de-chlorinated" prior successive sets of samples, Sterilization of the water lines shall be considered as incid atal to the project and all costs incurred will be considered to be included in the linear foo bid price of the cement- lining. • D-5 Wage Rates: � The labor classifications and minimum wage rates set fort herein have been predetermined by the City Counci! of the City of Fort Wo; }h, Texas, in accordance wit�h statutory requirements, as being the prevailing classificati� ns and rates that shall govern on all work performed by the Contractor or any sub-contr.:ctor on the site of the project �� -, � I�1 � covered by these Contract Documents. In no event shall less t_�an the following rates of wages be paid. (Attached.). D-6 Coordination with Fort Worth Water Department � During the construction of this project, it will be necessary to 3eactivate, for a period of time, existing lines. The Contractor shall be required to coor�' nate with the Water Department to determine the best times for deactivating and �� :tivating those lines. � , � � I� �' �� I�l � � L�' L� u LJ � a� D-7 Dewatering: The Contractor shall be respons'ible for determining the meth ;�d of dewatering operation for the water or sewage flows from the existing mains and gr�,uund water. The Contractor shall be responsible for damage of any nature resulting from le dewatering operations. The DISCHARGE from any dewatering operation shall be cc�_iducted as approved by the Engineer: Crround water shall not be discharged into sanitary '�ewers. Dewatering shall be considered as incidental to a constructio . and all costs incurred will be considered to be included in the linear foot bid price of cement-lining. D-8 Substitutions: The specifications for materials set out the minimum standar k of quality which the City believes necessary to procure a satisfactory project. No substj�tutions will be permitted -until the Contractor has received written permission of the l substitution for the material which has been specified. Whe: approved equal" is used, it is understood that if a material, � bearing the name so used is furnished it will be approvable, was used for the purpose of esta.blishing a standard of quali; product of any other name is proposed for use, the Enginee� obtained before the proposed substitute is procured by the C "or equal," or "or approved equal" is not used in the specifi� necessarily exclude alternative items or material or equipm� intended purpose. However, the Contractor sl�all have the fi that the proposed substitution is, in fact, equal, and the Eng the City, shall be the sole judge of the acceptability of subsl this sub-section as related to• "Substitutions" shall be applicable specifications. to make a the term "or equal," or "or >duct, or piece of equipment � the particular trade name acceptable to the City. If a approval thereof must' be Where the term �ions, this does not -t which may accomplish �the : responsibility of proving �eer, as the represeritative of utions. The provisions of all sections of these D-3 � l�'"J C#'1 � � L�J L�J IJ � D-9 Pavement Repair; � � The �nit price bid under the appropriate bid item of the pro sal shall cover all'cost for providing pavement repair equal to or superior in compositi n, thickness, etc., to existing pavement as detailed in the �ublic Works Department typic sections for Pavement and Trench Repair, Figures 1 through 5(attached). . All required paving cuts shaJ.l be rnade wi�th a concrete saw : Z a true and straight line on both sides of the trench, a minimum of twelve (12) inches �o rtside the trench walls. The trench shall be backfilled and the top nine (9) inches shall b filled with required materiais as shown on paving details, compacted and level �th the finished street surface. This finished grade 'shall be mazntained in a service�ble condition until the paving has been replaced. All residents' driveways shall be , �ccessible at night and over weekends. It has been determined by the Transportation and Public W �tTks nepartment that the strip of existing HMAC pavement between the existing gutter ar,i� the edge of athe trench pavement repair will not hold up if such strip of existing paNement is two (2) feet or less in width. � Therefore, at the locations in the project where the trench 11 is three (3) feet or less � from the lip of the existing gutter, the Contractor� shall be r�uired to remove the existing paving to s.uch gutter. The pavement repair shall then be m! de from a minimum distance of twelve (12) inches outside the trench wall nearest the cen ter of the street to the gutter � line." - � , � u � U �J l�!' L�I The gavement shall be replaced within a maximum of five 5} working days, providing job placement conditions will pernnit repaving. �If paving cc�iiditions are not suitable for repaving, in the opinion of the Owner, the repaving shall b done°at the earliest possible date. � D-10 Removal of Existing Facilities: Where the removal of existing facilities is required it shall _�e the Contractor's responsibility to properly dispose of all removed pipe. Th � wor.k shall be done in accordance with Section E2-27 Removing Pipe of the Gen�ral Gontract �ocuments and Specifications. � D-11 2-Inch Temporary Service Line: The 2-inch temporary service main and 3/4-inch ser�✓ice li �es shall be installed to provide temporary water service to all buildings that will necessa ` y be required to have severed water service during said work. The contractor sha11 be re onsible for coordinating the schedule of the temporary service connections and perm �nt service reconnections with fhe building owners and the �ngineer in order�that the wo� be performed in an expeditious manner. Severed water service must be recanr^_.,cted within 2 hours of �� L�! LJ � � I�J � � LJ � u l�J u � L�J � LJ [�I discontinuance of service. A minimum of 24 hours advance otice shall be given when service interruption will be required as specified in Section �5-5.15 INTERRUPTION , OF SERVICE. _ -t A 2-inch tapping saddle and 2-inch corporation stop or 2-in� appropriate fire hydrant adapter fitting shall be required at tl connection to the City water supply. The 2-inch temporary : service lines shall be installed in accordance to the attached temporary service line shall be cleaned and sterilized by us'i lime (HTH) prior to installation. � A two-inch meter will be furnished by the Water Departme� �the Contractor at its point of connection to the City water si purposes only. The out-of-service meters sha11 be removed, Contractor for delivery to the Water Department Meter Sho replacement. Upon restoring permanent service, the Contra� at the correct location. The meter box shall be reset as nece; existing ground or as otherwise directed by the Engineer. gate valve with an temporary service point of vice main and 3i4-inch ;ures 1, 2 and 3. 2" chlorine gas or chlorinated Meter `Shop and installed by �ly for record keeping , �gged and collec#ed by the for reconditioning or �r shall re-install the meters ary to be flush with the � The iemporary service layout shall have a minimum availab,.e flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria sh:�l be used by the Contractor to determine the length of temporary service allowed, num��:r of service taps and number of feed points. When the temporary service is required for more than one 1� �tion the 2-inch temporary service pipes, 314-inch service lines and the 2-inch meter s�f �il be moved to the next successive project location. 1Payment for work such as fittings, 3/4-inch service.lines, a:��halt, barricades, a11 service „connections, removal of temporary services and all other �� ociated appurtenants 'required, shall be included in the lump sum amount nf Bid ltem No. 5 of the •Proposal. ' D-12 Site Preparation: The Contractor shall clear rights-of-way or easements of o struction which must be removed to make p�ssible proper pros�cution of the work �• a part of this project construction operations. The contractor's attention is direc�d to paragraph C6-6.10 work wi t hin easemen ts, page C 6- 6( 4), p a rt C- G e n e r a l C o n d rt i o �� o f t h e W a t e r D e p a r t m e n t General Contract Document and General Specifications. � Clearing and restoration shall be considered as incidenta.l t: constnzction and all costs incurred will be considered to be included in the linear foo� price of the cement-lining. D-5 � L�' L* 1!I � u � D-13 Bid Quantities: Bid quantities of the vaxious items in the Proposal are for bid '��mparison only and may not reflect the actual quantities (See �General Conditions C2- and C4-�.3). Moreover, there is to be no limit on the variations �between the estimat uantities shown and actual quantities perfoimed or used. � Total quantities gi"ven in the bid proposal may not reflect ach �1 quantities; however, they are given for the purpose of bidding and awarding the con -. A contiact in the amount of $250,000 (see Options to Renew) shall be awarded with f payment based on actual measured quantaties and the unit price bid in this proposal. oreover, there is to be no limit on the variation between the estimated quantities showr`�nd actual quantities performed. . . It is understood and agreed that the scope of work contempla �d in this contract is that � which is designated by the City but will in no case exceed $�0,000 (see Options to Renew) including all change orders. � I�I LJ � � � LJ �' � D-14 Interpretation and Preparation of Propos�►1: . • Part C- General Conditions, Section C2-2 INTERPRETATI )N AND PREPARATIOl�i OF PROPOSAL, Page C2-2 (4) exchange paragraphs �C2-2. � C�-2.8 and C2-2.9 with the following: C2-2.7 DELIV.ERY OF PROPOSAL: No proposal will tie nsidered unless it is � delivered, accompanied by its proper Bid Security, to the P hasing Manager or his representative at the official location and stated time set fa in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal a e proper time to the propez place. The mere fact that a proposal was dispatched will no '�e considered. The Bidders must have the proposal actually delivered. Each proposal s-11 be in a sealed envelope plainiy marked with the word "PROPOSAL;" and the name�� description of the project as designated in the "Notice to Bi,dders." The envelope shal be addressed to the Purchasing Manager, City of Fort Worth Purchasing Divisio i, P.O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actuall- filed with the Purchasing Manager cannot be withdra.wn prior to the time set for open g proposals. A request for non-consideration of a proposal must be made in writing, a ressed to the City Manager, and filed with him prior to the time set for the opening of pr posals. After.a71 proposals not requested for non-consideration are opened and publicly read aloud, the proposals foY which non-consideration requests have been properly filed r.ay, at the option of the Owner, be returned unopened. ° C2-2.9 TELEGR.APHIC MODIFICATION OF PROPOSA : Any bidder may modify his proposal by�telegraphic communication at any time prio to the time set for opening proposals, provided such tele�raphic comniunication is rece�Yved by the �Purchasing �. � L�] �_ � � � Manager prior to the said proposal opening time, and provid d further, that the City Manager is satisfied that a written and duiy authenticated co fumation of such telegraphic communication over the signature of the bidder �as mailed prior to the � proposal opening time: If such,confirmation �s not received �uithin foriy-eight (48) Iiours after ihe proposal opening time, no further consideration wi�, be given to the proposal. � L�'. I!J � � l� D-15 Bonds: Reference Part C, General Conditions, �ated November 1, 1�87; (City let projects) make the following revisions: � 1. Pg. C3-3(3�; the paragraph after paragraph C3-3.7d--Oth Bonds should be revised to read: No surety will be �accepted by the Owner which ar t the time in default or delinquent on any bonds or which aze interested in any litig tion against the Owner. All bonds shall be made on the forms �urnished by the Owner �� d the surety shall be acceptable to the Owner. In order for a surety to be accep le to the City, (1) the name� of the surety shall be included on the cuirent U.S. Treasury� ist of Acceptable Sureties [Circular 870], or (2) the surety must have capital and surpl equa.l to ten tim�s t�e amount of the bond. The surety must be licensed to busine in the state of Texas. The amount of the bond sha11 not exceed the amount shown on e Treasury iist or one-tenth (1/10) of the total capital and surplus. If reinsurance is req ed, the company writing the reinsurance must be authorized, accredited, or trusted to do �usiness in Texas. O2. i'g. C3-3(5� Pazagraph C3-3.11 INSURANCE delete su�aragraph a. COMPENSATION INSURANCE. �� I*J I �I u I �J �� 3. Pg. C3-3(6), Paragraph C3-3.11 INSUItANCE delete su �aragraph g. LOCAL AGENT FOR INSURANCE AND BONDING. . D-16 Disposal of Spoir/Fill Material: • Prior to the dispasing of any spoiVfill material, the contrac �r shall advise the Director of the Department of Engineering, acting as the City of Fort orth's Flood Plain Administrator ("Adxninistrator"), of the location of alt site where the contractor intends to dispose of such material. Contractor shall not dispose o such material until the proposed sites have been determined by tk�e Administrator o meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinan e No. 11517). All disposal sites must be approved by the Administrator to ensure that �lling is not occurring within a flood plain without a permit. A flood plain permit can b issued upon approval of necessary engineering studies. No fill permit is required i�disposal sites are not in a flood plain. Approval of the contractors disposal sites sha� be evidenced by a letter signed by the Administrator stating that the site is not in a�:nown flood plain or by a Flood Plain Fill Permit authorizing fill within the ilood pl �'n. Any expenses associated with abtaining the fill permit, including any necessary eng�►eering studies, shall be at contractors' expense. In the event that the contractor dispc�es of spoil/fill material. at a D-7 u I!� � � L � u I�J � �" � � � �� l�l L�'1 u . . '" ��, ti��;�. site w�thout a fill permit or a letter froxri`the Administrator ap roving the disposal site, upon notification by the Director of the Department of Engin�ring, Contractor shall remove the spoiUfill.�aterial at its expense and dispose of suc3 materials in accordance with the Ordinances of the �City�and this section. , D-17 Traffic Control: The Contractor sha�,l be resp'onsible for providing traffic con 1 during the construction �of this project consistent with the provisions set forth in the '�980 Texas ,Manual on iJniform Traffic Control Devices for Streets and Highways" i�sued under the authority of ` the "State of Texas Uniform Act Regulating Tr�c on Highv�ys", codified as �rticle 6701d Vernon's Civil Statues, pertinent sections being Sectio: � Nos. 27, 29, 30 and 31. The Contractor shal� execute this work in such a manner as tC�reate a minimum of interruption to traffic and pedestrian facilities and to the flow �f vehicular and pedestrian traffic within the project area. Barricades, warning and detour signs shall conform to be the �+-t-andard Specifications-for street and storm drain construction, "Barriers and Warning at�/or Detour Signs", Item 524, and/or as directed by Engineer. The Contractor will not remove any�regulatory sign, instructi or ather sign which has been erect�d by�the City. If it is dete removed to pernut req�ired construction, the Contractor shall and Public Works Department, Traffic Services Division (ph� remove the sign. In the case of regulatory signs, the Contrac�. permanent sign with a temporary sign meeting the requireme manual and such temporary sign must be installed prior to th� sign. If the temporary sign is not installed correctly or if it d� specifications, the permanent sign shall be ieft in place until � requirements or met. When construction work is completed permanent sign can be re-installed, the 'Contractor shall agair Division to re-install the permanent sign and shall leave his t such re-installation is comple'ted. D-18 Indemnification: nal sign, street name sign, �nined that a sign must be conta.ct the Transportation ne number 871-8100), to �r must replace the :ts of the above referenced ' removal of the permanent es not meet the required ie.temporary sign i the extent that the contact the Traffic Services' sign in place until The Contractor agrees to fully indemnify and save whole an harmless, the City and/or Owners of the units and lots abutting the Units in the Contra , from all costs or damages arising out of any real or asserted �laim or cause of action ag -inst it of whatsoever kind of character and in addition from any and all costs or damages '�ising out of any wrongs, injuries, demands or suits for damages, either real or asserte claimed against it that may be occasioned by an act, omission, neglect or misconduct of he said Contractor, is agents. servants, and employees. The contractor further agre�:s to comply with all U-$ 4�'' � l�J L� � u � � � � � �� L�J � L� M builclin '~ d cons ��tion codes of the Ci of � appliCable laws, regulations, ordinances, g an trt.y tY Fort W�orth and�the State of Texas, and with any �egulations� � z the protection of workers which may be p'romulgated by the Govemment, and shall pro ect such work with a11 necessary lights, barriers, safeguarcls, and �vamings as are p �ded for in saiii L� �" specifications and in the ordinances and regulations of said Cty. D-19 Damage to Private Property: . . The Contractor shall immediately repair or replace any dama :e to private property, including but not limited to ferices, walls, pavement and wat�.- and sewer services, at no c.ost to the owner, per Paragraph C6-6.1�0 .of the General Con: =itions. This sha11 be subsidiary to the contract and not a separate pay item. D-20 Workers' Compensation Insurance: " A: Contractor's Worker's Compensation Insurance. Contrac 'r agrees to provide to the Owner (City) a certifica.te showing that it has obtained a pol' .y of workers compensation insurance covering each of its employees employed on the pi�ject in compliance with state law. No Notice to Proceed will be issued until� the Con -actor has complied with this section. � B: Subcontractor's Worker's Compensation Insurance. Cont.�.ctor agrees to require ea.ch and every subcontractor who will perform �vork on the proje 4t to provide fo it a certifica.te from such subcontractor stating that the subcontractor has a � 41icy of workers compensa.tion insurance covering each employee employed n the project. �Contractor will not permit any subcontractar.to perform work on the prc�ject until such certi�icate has been a�.quired. Contractor shall provide a copy of all such c�rtificate to the Owner (City). C. � Workers Campensation Insurance Coverage l. Definitions: Certificate of coverage ("certificate"). � cop3� of a certi� cate of insurance, a certificate of authority to self-insure.issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWC �C-82, TWCC-83, or TWCC- 84), showing statutory workers' compen�ation insurance �overa.ge for the person's or entity's employees providing services on a project, for t�� duration of the project. Duration of the Project. Includes the time from the beg�ining of the work on the project until the contractor's/person's w-ork on the pro�ec has been completed and accepted by the City. �• �� Persons providing services on the project ("subcontracto in��udes all persons or entities performing all or part of t un.dertaken to perform on the ^Qroject, regardless of whef directly with the contractor and regardless of whether th This inciudes, without� limitation, i.ndependent contracto' in section 406.096)- : services the contractor has ;r that person contracted p�erson has employees. , subcontractors, leasing companies, motor carriers, owner-operators, employees �f any such entity, or �A � ernployees of any entity which fiunishes persons to pro� de servicesnn the project. "SerVices" include, without limitation, pr�viding, hauli�, or delivering equipment or materials, or providing labor, transportation, or other se ices related to� a project. � "Services" does not include activities unrelated to the p ject, such as footilbeverage vendors, office supply deliveries, and delivery of �ortab e toilets. J . 2. The contractor shall provide coverage, based on proper porting of classification codes and payroll amounts and filing of any coverage agree � ents, which meets the � statutory requirements of Texas Labor Code, Section 401 A 1(44) for all employees of � the contractor providing services of the project, for the dura�on of the project. � 3. The Contractor must provide a certificate of coverage to he governmental entity prior to being awazded the contract. � 4. If the coverage period shown on the contractor's current ;�rtificate of coverage ends during the duration of the project, the contractor must, prio to the end of the coverage period, file a new certificate of coverage with the City sho�ng that coverage has been � extended. _ � � ' � �� 5. The contractor shall obtain from each�person providing �� services on a pro, ject, and provide to the C�ty: . � � (a} a certificate of cov�rage, prior to that person b�znning work on the project, so� the governmental entity will have on file certificaxe - of coverage showing coverage for a11 persons providing services on the p��oject; and � �A Ir� � � LJ (b) no later than seven days after receipt by the co �ractor, a new certificate of coverage showing extension of coverage, if the cov rage period shown on the � current certificate'of coverage ends during the dura :on of the project. e in all re uired certificates of c� era e for the duration of the 6. The contractor shall r ta q � g project and for one year thereafter. 7. The contractor shall notify the City in writing by certifi :d mail or personal delivery, within ten (10) days after the contractor knew or should ha� �e known, of any change that materially affects the provision of coverage of any person rroviding services on the project. D-10 �� . • 8. The contractor shall post on each project site a notice, in : he text, form and.manner p r e s c r i b e d b y t h e T e x a s W o r k e r' s C o m pe n sation Commissi n, informin g all persons providin g services on the pro ject that the y are re quired to b�-covered, and stating how a �' person may� verify coverage and report lack ofcoverage. 9.�`I'he contra.ctor shall contra�ctually require each person �rh wham it contracts to �, provide services on a project, to: �' (a) provide coverage, based on proper reporting on t�e classification codes and payroll amounts and filing of any coverage agreeme� its, which meets the statutory , requirements of Texas labor Code, Section 401.011 �4) for all of its empioy.ees '� ' providing services, on the project, for the duration o: the project; (b) provide to the contractor, prior to tha.t person be 'nning work on the project, a certificate of coverage showing that coverage is bei�g provided for all' employees of the person providing services on the project,.-for'Ze duration of the project; �.` (c) provide the contractor, prior tb the end of the cc;✓erage period, a new certificate of coverage show}ng extension of covera�.;e, if the coverage period shown on the current certificate of coverage ends d�.ring the duration of the �� projec�t; - • (d) obtain from ea.ch other person with whom it co ;tracts, and provide to fihe contractor: (1) a certificate of coverage, prior to the otl -�r persan beginning work on the project; and (2) a new certificate of coverage showing �tension of coverage, prior to the end of the coverage period, if the cove� e period shown on the current ce�tificate of coverage ends during the d. ion of the project; (e) retain all required certificates of coverage on �e for the duration of the project and for one year thereafter. (� notify the City in writing,by certified mail or p:rsonal delivery, within ten (10) days after the person kn�w or should ha�e knc�vn, of any change that materially affects the provision of coverage of any �erson providing services on the project; and � (g) contractually require each person with whom � contracts, to perform as required by paragraphs (a) -(g), with the certificat� s of coverage to be provided to the person for whom they are providing services. r D-11 ' �1 � L�➢ u � � � l�l Ll � . •y, �� -` '• 10. By signing this contract or providing or causing to be prc�rided a certificate of coverage, the contractor is representing to the City that all en�loyees of the contractor � who will provide services on the project �vill be covered by warker's compensation _ coverage for�the duration of the project, that the coverage wi1� be based on proper reportirig of classification codes and payroll amo�nts, and th� all coverage agreements will be filed with the appropriate insurance carrier or, in the c;�se of a self-insured, with the Texas Worker's Compensation Commission's Division Providing false or misleading information may subject the penalties, criminal penalties, civil penalties or other civil a� 1• 1. The contractor's failure to comply with any of tilese by the contractor which entitles the City to declare the a Insurance Regulation. tor to administrative .ons is a breach of contract void� if the contractor does not remedy the breach within ten days after receipt of notice �f breach from the City_ D. Posting of Required Worker's Compensation Coverage. T e contractor shall post a notice on each project site informing all persons providing s ices on the project that t�ey are required to be covered, and statin� how a person m verify current coverage and report failure to provide coverage. Tfiis notice does not satis other posting requirement� imposed by the Texas Worker's Compensation Act or other exas Worker's Compensation Commission rules. This notice must be print d with a title in at least 34 point bold type and text in at least 19,point normal type, and hall be in both English and Spanish and any other langua.ge common to the worker pop ation. The text for the � notices sha11 be the following text, without any additional w� 3ds or changes: REQUIRED WORKER'S COMPEN�ATION COVERAG_ : � "The law requires that each person working on this site or p' viding services related to this construction project must be covered by worker's comp .ation insuzance. This includes persons providing, hauling, or delivering equipme or materials, or providin� labor or transportation or other service related to the projec regardless of the identity of their employer or status as an employee". "Call the Texas Worker's Compensation C�mmission at 5 i 440-3789 to receive information on the legal requirement for coverage, to verify Nhether your employer has provided the required coverage, or to report an employer's f�ilure to provide coverage. � D-21 Explanation of Bid Items: ' The total scope of work for this job has been separated into ,,reveral bid items as show�i in �I the Proposal. All materials and workmanship necessary to ��.irnish a complete and functional job, whether shown, included or implied in the c struction plans and/or specifications, shall be supplied in this contract. The Contri,:,tor shall include the cost for all miscellaneous and subsidiary work not :pecificaliy men�oned in the Proposal in the various bid prices. � D-12 � �" .� ,� � ' ��, .t D# � D � � � � D� �.. D � � � D D D � :n� a�::,�;; .s �•. , .-ti>, .,�� ° . ' ,.. �: a� � . �;;; �; ^ ., , D 22 Cleaning of Water Pipe . Tiie interior surfaces of the pip� shall be cleaned by methc �� '�' �{ r��k°remove conrosion products; chemical or other,deposits; lo � old lining materials; oil; grease; and accumulations of wa� pipe has been cleaned, the contractor must have approval . the lining of the pipe with cement-mortar. �Immediately be through the pipe, all foreign material shall be removed. T mortar that might have accumulated since the cleaning of costs incurred by the Contractor associated with the clean considered to be included in the linear foot bid price of th� �s approved by the City to :e and deteriorated remains of ;, dirt, and debris. After the �m the City before beginning �re the lining machine travels �is includes sand and loose Ze pipe �was completed. All :g of the pipe shall be D-23 Cement Lining of Water Pipe The Contractor shall be responsible for the cement lining � the existing water line. All work shall be in conformance with AWWA C602-95.. Th =lining shall be accomplished by a machine that progresses uniformly through the pipe � ld applies cement-mortar against the pipe surfaces. � All �work shall be performed by trained personnel under tt � supervision of experienced persons skilled in the application of cement-mortar lining :o pipelines in place. The Contractor's equipment for cleaning and applying ce , ent-mortar in the pipe and for curing the cement-mortar lining shall be so designed and anufactured and in such a condition as.to permit the workers to�follow the procedur �nd obtain the results prescribed for this project. Materials for Constructinn , � Portland cement shall conform to the re�quirer�ents of ASTM C 150 for type I or type iI cement. (c) (d) b�Pozzolanic material sha11 consist of siliceous -c a combination of siliceous and aluminous material in a finely divided form t�..,it in the presence of moisti.u�e will react with calcium°hydroxide, at ordinary �emperature, to form compounds possessing cementing properties. Pozzolanic material shall fulfill the requirements of ASTM C618. To improve workability, density, and strengtb'in the mortar, admixtures conforming to ASTM C494 may be used at tt � option of the Contractor, provided that the ratio of admixture to portlaz j cement does not exceed that uszd in the qualification tests of ASTM C494 No admixtures shall be used that would have a deleterious effect on potabl� water flowing in the pipe after the iining has been placed. Sand shall consist of inert granular material. Che grains shall be strong, durable, and uncoated. The sand�shall be we graded and shall pass a No. 16 D-13 J �� L�J � �� L�J � ` � � t�`:r��1 ,.. a � �� J u � � �II L1 � 0 mesh screen, with not more than 5 percent p.sing a US Standard Sieve No. 100. (For screen and sieve sizes, refer to AS� EI 1.) �(e) Deleterious substances in sand. Sand shali b� clean. The totai combined weight of dust, clay, loam, iumps, shale, sof� �r flaky �articles, mica, oil, alkali, and other deleterious substances shall ,iot exceed 3 percent of the total com'bined weight of the deleterious substanc�s and the sand containing them. In additibn, the following limitations shall a� ply to specific substances: Substance Shale Clay lumps Mica and deleterious substances other than shale and clay lumps Maxiznum �lowable Percentage Weight 1� � 1 . 2 (� Sand shalt not show a color value darker th� 'n the "reference standard color solution" prepazed as required in ASTM C��. , (g) Water for mixing mortar shall be clean and Yee of mud, oil, and injurious amounts of organic material or other deiete �ous substances. Potable water sha11 be used. General Cement-Mortar Lining Desi�n � - (a) Mortar for the lining sHall be composed of ��ement, sand, �and water that have been well mixed and are of such consisten as to produce a dens, homogeneous lining. � (b) The approxi�ate proportions of cement san� in the mortar for the lining shall be 1 part of portland cement of 1-1 1 arts o�sand by volume. The exact proportions shall be determined by. z characteristics of the sand used. Pozzolanic material, if used, shall be subs ted for ar part of the portland cement in a proportion of approsimately 1 part pozzolanic material to 5 parts portland cement by volume. Admixtures, � used, �hall be used in strict compliance with the manufacturer's print ' recomnnendations. (c) The water content shall be the minimum antity that produces a workable mixture, with full allowance made for mo ture collection on the interior of the pipe surfaces. Slump tests shoul� be ade periodically on freshly mixed mortar immediatety before the mortar is c nveyed to the lining machine. The tests shall be made in accordance with Al'�SI/ASTM C 143. Nominal slumps of cement-mortar mixes for appiication o- iinings aze indicated in Figures 1 and 2 of AWWA C602-95. (d) Mortar shall be mixed long enouah to obtiin maximum plasticity. The mortar shall be used before initial set. (e) The thickness of the cement-mortar shall .iot be less than 3/16". nor shall the thickness be exceeded by more than 1/16�'. D-i4 � � � LJ � � � !I � � � �J LJ �I I�■J � � Procedure The lining shali be applied in one or more courses by i machine traveling through � the pipe and distributing the mortar uniformly across t�e full section and long radius bends of the pipe. The dischazge shail be from ,�e rear of the machine so that the newly applied mortar will not be marked. Th < rate of travel of the machine and the ra.te of mortar dischaxge shall be m 'cally regulated to produce a smooth swrface and uniform thickness thro out The mortar shall be densely packed and adhere wherever applied; there s 1 be no injurious rebound. After the mortar lining has been placed, but before it �lces final set, service connections shall be cleared by backflushing with air� Th� backflushing shall be accomplished in a manner that will not dainage the shly applied lining. Curin The Contractor shall be responsible for curing the ce zent-mortar lining until the section is filled with water by the City, or until the 1'� ' g has been �ccepted by the City. Curing operations shall begin immediately fol�wing com�letion of the machine placement of the mortar lining in a sect�on pipe. 311e section of pipe shall be closed with airtight covers �ovei all opening�d shall be maintained in a moist condition by the Contractor. AII costs incurred by the Contractor associated with the Iini,:g of pipe shall be'considered to be included in the lineaz foot bid price of the cement-lini�g. �^ D-24 Access Opeaings: � The Contractor sha11 provide'water free access hole openin for inspection and cement lining of pipe, per sketch Exhibit "A". The "cut-outs" shal be replaced with the appropriate sized water pipe joined. with MJ Solid Sleeves. e location of.the Access Openings will be such that traffic congestion is minimized� d inconveniences to property owners averted. The Unit Price bid for the Acces Openings shall include the necessary shoring materials and all other materials, equip ent, and labor required to construct the Access Openings. Also included in the Unit 'ce bid for Che Access Openings are the materials, equipment and labor necess or permanent pavement repair. Refer to Special Condition D-9 Pavement Repair td Trench Repair Details Figures 1 through S included. The City of Fort Worth reserves the rig�t to reject Bid Ite � No.l of the Proposal after evaluation of the bids. If rejected, the Fort Worth Water partment wiZl be responsilile for providing the Access Openings as specif ed in the Spe :ial Contract Documents. D-1� i� �� L�J �I� �LJ � ■! ,',,I u � � L�I LJ �� I�. L�J u L�J � D-25 Option to Renew: � The City has the right to renew this contract for three (3) ar�e year terms/expenditures of $250,00 under •fihe same terms, conditions, and unit prices.� The City sha11 give at least sixty (60) �days notice prior to the expiration of one year fi9,m the da.te of execution of this contract ar of an option period or a like notice at such tim� as there is less than $20,000 left unexpended. D-26 ' Contractor's Responsibiiity for Damage Section C6-6.12 of the general conditions shall be the following: � C6-6.12 CONTRACTQR'S RESPONSIBILITY�FOR�] covenants and agrees to indemnify City's engineer and the project site� for Contractor's sole negligence. In ad� agrees to indemnify, hold harmless and defend, at it off'icers, servants and employees, from and against any a loss, property damage, personal injury, including death, out of, the work and services to be performed herew agents, employees, subcontractors, licensees or invitees, damage or death is caused, in whole or in part, by the � of Owner, its officers, servants, or employees. Contract to indemnify and hold harmless the Owner from and Owner's ofl�cers, servants and employees and any dama� of the Owner arising from the performance of any of in its entirety and replaced with �GE CLAIMS: Contractor schitect, and their personnel at �tion, Contractor covenants and own expense, the Owner, its 3 all claims or suits for property rising out of, or alleged to arise 3er by Contractor, its officers, vhether or not any such in jury, egli�ence or alle�ed neRligence �r likewise covenants and a�rees against any and all injuri�s to �, loss or destruction to property ie terms and conditions of this Contract, whether or not any such injury or damage is aused in whole or in part by the negligence or alleged negligerice of Owner, its officers; ;ervants or employees.. � In the � event Owner receives a written claim for dam s against the Contractor or its subcontractors prior to final payment, final payment s�11 not be made until Contractor either (a) submits to Owner satisfactory evidence that t� claim has been settled and/or a release from the claimant involved, or (b) �rovides O r with a letter from Contractor's liability insurance canier that the claim has been referre . to the insurance carrier. , The Director may, if he deems it appropriate, refuse to Worth public work. from a Contractor against whom a as a result of work performed under a City Contract. D-27 Valve Blocking: t bids on other -City o� Fort for damages is outstanding All valves shall have. concrete blocking for support. Va �es shall have polyethylene wrapping per Material Specification E1-13 and ConstruS tion Specification E2-13 installed prior to concrete blocking. No separate paymP� it will be made for any of the work involved for this item and all costs incurred will b: considered to be included in the bid price of the valve. D-16 \ � L■J L � u � � l#' L IJ I�J u � ,� �� u ��l CITY OF FORT WORTH HIGHWAX CONTRUCTION � 'PREVAILING WAGE RA.TE FOR l999 CLASSIFACT�ON AIR TOOL OPERATOR ASPHALT RAICER ASPHALT SHOVELER � . BATCHING PLANT WEIGHER CARPENTER CONCRETE FINISHER-PAVIl�IG b �ONCRETE FINISHER-STRUCTURES CONCRETE RUBBER ELECTRICiAN � FLAGGER - � FORM BUII.DER-STRUCTURES � FORM LINER-PAVING & CURB � FORM 5�t tr,tt PAVING & CURB � FORM SETTER STRUCTURES - LABORER-COMMON LABOR�R UT�ITY �� , OILER � ' SER�ICER - � PAINTER-STRUCTURES � . PTPE LAYER BLASTER ASPHALT DISTRIBUTOR OPERATOR ASHPALT 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, CLAS�iSHELL, BACKHOE, DERRICK, DRAGLINE, SHC-�JEL FOUNDATION DRILL OPERATOR CRAWLER MOUNtED FOUNDATION DRILL OPERATOR TRUCK MOUrITED FRONG El�'D LOADER MILLING vLaCHINE OPERATOR MIXER ' MOTOR GRADER OPERATOR FiNE GRADE MOTOR GRADE OPERATOR i!_� i�1�1_i� R�_�i�s_v1 $9.00 9.55 8.80 11.51 1030 10.50 9.83 8.84 15.37 7.55 9.83 9.00 9.24 9.09 7.32 8.94 12.68 10.17 9.41 11.00 8.98 11.50 10.29 1030 8.72 10.74 9.25 11.13 10.42 9:n0 1U39 10.50 9.92 11.04 10.00 11.83 9.96 8.62 10.30 11.97 10.9G L u � � '� LwJ � u � D �•:5 L■J � � � r-- L�I L�J � � �� CITY OF FORT WORT � H�GHWAY CONTRUCTI i91� PREVAILING WAGE RATE FwR 1999 , CLASSIFACTTON PAVEMENT MARICING MACHINE ' ROLLER, STEEL WHEEL PLANT MIX PA��MENTS �: ROT.:LER, STEEL WHEEL OTHER FLATWFiEEL OR TAMP� ROLLER, PNEUMATIC, SELF PROPELLED SCRAPER' SCRAPER � 'I'RACTOR-CRAWLER TYPE TRACTOR PNEUMATIC '�RAVELING MD�ER � WAGON-DR1LL, BORING MACHINE REINFORCING STEEL �� i�icPAVING RE�TFORCING STEEL ��t x�x STRUCTURES '° STEEL WORKER STRUC:TURAL SPREADER BOX OPERATOR . WORK ZONE BARRTCADE � TRUCK DRIVER SINGLE AXLE LIGHT TRUCK DRNER-SINGLE AXI,E HEAVY . TRi7CK DRIVER TANDEM AXI.E SEMI TRAII.ER TRUCK DRNER LOWBOY/FLOAT TRUCK DRIVER-TRANSIT � TRUCK DRNER WINCH � � VIBRA.TOR OPERATOR HANb� TYPE WELDER . 2 e HOYTRLY RATE 7.32 9.06 8.59,. 8.48 9.63 1U.58 9.15 8.83 IZ.00 13.21 1331 14.x4 10.00 7.32 8.965 9.02 8.77 1U.44 �9.47 9.00 7.32 11.57 a� F � o� �'� � IsJ � �� If f�I u �� ' � C�I Ll � LJ 1999 4 BUIL,DING & CONSTRUCTION T�ES , STANDARD WAGE RATE : FOR TA►l2RA.NT COUNTY CLASSIFACTION AIR CONDITIONIl�G MECHATTIC AIlt CONDITIC�NING MECHANIC HELPER ACOUSTIC CEII.ING INSTALLER � ACOUSTIC CEILING INSTALLER HELPER BRICKLAYER/STONE MASON BRICKLAYER/STONE MASON HELPER CARPENTEI2 CARPENTER HELPER CONCRETE FINiSHER CONCRETE FINISHER HELPER CONCRETE FORM BUILDER � CONCRETE�FORM BUII.�ER HELPER DRYWALL TAPER DRYWALL TAPER I�ELPER ELECTRICiAN JOURNEYMAN �LECTRICIAN HELPER ELECTROTTIC TECHI�lICIAN ELECTROrTIC TECHNICIAN HELPER FLOOR LAYER (CARPET) FLOOR LAYER (RESILIENT)' � FLOOR LAYER HELPER GLAZIER GLAZIER HELPER � INSULATOR INSULATOR HEI.PER LABORER COMMON LABORER SKILLED LATHER LATHER HELPER METAL BUILDING ASSEMBLER METAL BUILDING ASSEMBLER HELPER PAINTER ' PAINTER HELPER 1 e HOURLY RATE $15.96 8.81. 13.82 9.79 15.25 9.86 13.00 9.34 12.00 ` 9.44 11.59 8.87 i 1.87 8.25 16.29 � 10.20 12.86 12.67 13.58 14.48 8.56 13.66 9.26 15.89 9.46 7,�82 9.66 15.80 11.75 13.34 7.85 11.93 8.30 Dp � � . .��, -'� ' .. . �M�a � �� . � CLASSLFACTION . � � � � "� ,� ��>�. 1999 �. ' BUILDI�TG &,CONSTRUCTION T�ES STANDARD WAGE RA.TE �.. ., FOR TA►]ftRANT'COUNTY � rlr�rrl r�x� rl.r�ril l�x HELPER � PLASTERER PLA� 1 �tc�x HELPER PLUMBER � PLUMBER HELPER � � � � � � � � � � � � REINFORCING STEEL SETTER REINFORCING STEEL HELPER ROOFER ROOFER HELPER SH�ET METAL WORKER SHEE�' METAL WORKER HELPER SHEETROCK HANGER SHEETROCK HANGER HELPER SPRINKLER S3�STEM INSTALLER . � SPRINKLER SYSTEM INSTALLER HELPER STEEL WORKER STRUCTUR.AL STE�� WORKER STRUCTURAL HELPER WELDER � WELDER HELPER . . � �, HEAVY EQUIPMENT OPERATORS EQUIPMENT OPERATORS CONCRETE PUMP OPER.ATORS CRANE, CLAMSHELL, BACKHOE, DERRICK, D'LINE SHO FORKLIFT OPER.ATOR FOUNUATION DRILL OPERATOR FROI�iT END LOADER OPERATOR TRUCK DRNER 2. 0 HOURLY RATE $14.35 10.93 15.29 8.63 i 6.26 9.59 11.88 9.18 13.17 7.82 15.87 9.29 12.70 9.71 16.95 7.81 14.66 7.91 14.87 9.67 14.66 15.50 13.05 10.54 11.66 •11.60 9.80 0 � �1 C1 L�7 t"-I r"�L_-.p � EXISTING CURB 8 6UTTER ' , � .• . � � H � I EXtST CONC. PAVEM�N7 SAW CUT r--�-, � '�--�-e'-_._ ,� � � � i.._.J t� C� C� � N0.3 BARS ON 24�� CENTERS 60TH WAYS � WiTH MtN.2 6ARS IONGlTU01NAL tN OITCH CLASS ��A" ftElNFORCEO CONCR£TE � £XISTiNG CONC. £X1STING PAVEMENT REPI.ACEMENT �pAVEMENT � �CURB@�GU7TER SaW CUT . �^!�.'� `, "� : � � , : . , . . —z • . . . ' +►• • • . • e � , c�C,Oc • � �i . o : �'' ' D '! -� u � ��' �4y� i O .. • C� � �000•p�ec z�:o�.e�; • ".rQOoOec'r / �i • -°� p� m��G � �.�p��Ol�O�� / ' • �' ' 2:27 CONCRE7� --�.� LEXIST BASE OITCH WALL (iF ANY) � PROpOSEO FACILITY IN5TALLATfON �� ALL TRENCH BaCKFILL SNA�I, �XISTING 6aSE ME�T REQUIREMENTS �OR (IF ANY) GRa0AT1oN 8►COMPaCTION AS SPECIFIED �N ITEM 402 OF THf ' STANQARO SPECtFICAiIONS FOR . CONSTRUCTION PU9LIC WORKS OEPT.�CITY Of F�ORT WORTH,TX. . OR BACKfILL AS SPECIFI�O IN SECTIONS Et•2 B► E2-2 OF THE SPECIF{CATtONS FOR WATER DEP7.PR�JEC7S,FORT WORTH � WATER OEPT.� C1TY 0� FORT p�p� , WORTN�TEXAS. .�. _. _ — _ . . ��., . kOT E S � , ., . � „ ,.,�,�_ t _ _ ;�-».�, , ..� . .� N0.1-REINfORCED COMCRETE PAYEMEN7 N0.2- IF STEEL EXISTS fN CONCRE'iE N0.3- REINfORCEb CONCRETE PAVE- SHALL BE REPLAC�D TO ORtGINAL „ PAVEMEN7 TO BE CUT� THE STEEL SHALI. MENT WILL 8E REPLAC£0 OVER , DEP7H OR TO A MINIMUM DEPTH OF 5 8E CUT 8 SALVAGEO AS POSSIBLE. A M1N- TRENCH AS SNOWN IN THE EVENT � _ WHICHEVER 1 S GREATf R. IMUM LAP SPLiCE OISTANCE OF t2�� NON-REINFORCEO CONCRETE , N0.4-8£ODING OF P1PE TO MATCH SHALt. BE PROVI�ED. > PAVEMENT IS REMOVEO. AOJACENT SECTIONS OR SPECIFI- . CATION 402, WHICHEVER � IS GREATER. TYPICAL S ECT10N-TRENCH REPfAiR � H0.3-2�27 CONCRETE MAY 8E ` - �DELETEDIFHALFTHE SPECIF(EO CONCRETE PAVEMENT TliICKNESS Qf� 2:27 IS AOOED TO - THE CLASS 'A CONCRETE, CITY Of FORT WORTH,TEXAS LFII.E NO.C-3226 TRANSPORTATION/PUBLIC WORKS ----� ._ ._.. . ..,_._. _ __. ._._.__. _`.__ �_ENG{NEERiNG. DtVISIQN . . _ _.. REV.-s-t-7s REV.=1!-t-T9 REV.•12-15-80 REV.-g-30••62 REV.4-84 Ft G. I 0 � �.� � . .�.. �- e� c� c� �a � r� � � o � � r� � . � NO ; EA�S ON 2�"CENTERS 40TN wAYS WITN � Y�N 2 SAIIS �ONGITUOIMA� IN OITGM [X�lT CURS'�] EXtbT s��CK Rf►�ACE ERtCK i• — C%i6T SIIICK ExiST, W11• � GUT T C� % � SURFAGE SURFACE � SURFACE s GUt T E R �'� \ SAM CUT � � � SAW CtlT � • ♦ � . i t • � . � • . ;• ,�lF M � i •�: • '1•; �y�� ; �` .. ly .. .,, � . .f . • � O • �r �,� . 'L�r_ 2 C�r,,,;�y 1 • ' r „• • � � � .: ,.:'/ ,ti ! ..;.'' �, ► :, .: .. :J: . ;�, .,, , ��•' . ► • � , v. , 1 '� t.:^,'�� = lo�' ��Y�� .�.�. '• �� :•� i , ��• s Ea�St j ':h'• � n :� 2��a"• 1�[.. p O ' � '�� CONCpETE, � ' �'� �S�'{' R-�� -�4� • 'a .�` B45E i I. . . �'r7`l� iC . Q�{'� � L �t" , tt�' I r � EKiST CONC SASE ' � • 2:2T CONCIIETE - `.r••- ��- ALL T1IENCH DAUtF�LI SN�IL MEET E%IST StJ� i�SE CL�S5�4"REMrsORCEO REOU�REwEMTS �OR G11AD�T�OM �NO L-EXIST SU\ •A�C ( tf ,lMr ) �OMC*Ef E•ASE GOMIACTIOM A� !'[CIFKO IN �TEM ( IF ANt ) 102 Of !ME STANOAAD S�EL1i1CA• � TIOM3 fOR CONlTRUCT�Ott, ►U/LIC W0111t5 DEPt , CitY OF F0117 IrORTN ' 7ExA5 OR MCKFI�L AS SPECIF�ED IN S[CTi0N5 EI•2 AifD E2•2 Of TME ' � S�ECIFICAYIOMS � )• riATE� P�R?• DITCM 11��I,L ^-` MENT I�ROJECIS, IORI MORfk��ER DE►T,CiTr pF FORT MfORTN� TE1cA5 � �-�" �►RO►OSED �A��ir INSiALLAttON � "_ �y -- � ` ►��E � �— , �� . ., .-��• . «�..�, �.�, . .,..� ,. � �" ` •! .,. _� . ,�.m , - I NOTES+ _ � MO i- COMCRETE •ASE Nr�IL SE RE►LAGEO MO 2-�f St E Et Ex�STS �M COMCRf TE S�SE NO 3• �EINfORCEO CONC�E TE S�SE �+0 �• EXISTIHG BRICK SMAII DE REMOvED TO ORICINAL DEIfM 011 TO A MINI- TO dE CUT� ?NE SiEEI SkA�� IMILI sE REPLACED �5 SMOWM, C/UtEfVILT TO Av010 QAMAGE OAIdAGEO rur DE�TN Of S" Ef CUt aN0 SAIVAGLD AS POSS�E�E OvER T►+E tREMGM IM THE EvENt BRICK IS TO EE �EPLACED wITN uN- � MIN�Y�N �A� S�LICE OISTANCE MON • �EINfORCEO CONCRETE B�SE OAMAGEO ERICK TO MATCM AOJACEMT . Oi �2"will o[ I110VIDED. �S �EMOVEO ERICK � NO.S• DEOOING OF PIPE TO MATCH ADJACEHT SECTIONS OR S�ECIF�CATIQN �02, WHICNEYER NO.s-2�2t COMCRETE MAY �[ DEtETED If MALF TME l�ECIFIEO THICKNES3 IS Mor►E STRiMOENT. Of 2i27 IE ADOED t0 TH� CLASS"A"CONCRETE. TYPiCAL SECTtO -TRE � N . �tCH REPAi R TYPICAL BRlCK SURFACE 8� REINFORCED CONCRET� BASE. cirr of FORr woRrH REV. o.�_�e TRANSPORTATIOIi/�UDLIC WORKS DEPT. REV.u. i.�9 Fil� No C-3228 EN6JNEER/N6 O/V/S/ON aEv,�i•io-ii _. .._ . RFv. �.�R_�• f/6. d ;; L� l i L� (yJ t�l ��C��'� --C-7 �'J �7 C7 C',] �:l �.�.] L� L:� � L� � i[t MOTt 4O �tlOw = [XIiT CUR� [xlfi N,Y.AC KMw.C. ��'�K�Y�MT �--(Rt�T HYIAC f Ct�ST CUR{ !•utT[� fURI�G[ � (!' MIN � 7 1 lu�F�C[ \ ��uritR . � f' i I • ' • � �srf1 .MQTE= c � l�27 COMCII[T[ �IAtl K IMlTALL�O A M�K Of �" � �[LOr lOTT011 Of [7tIfT. N.M.AC. Mvt11[NT� � Kl tftffT. AfRNLT MK�LL ��[ �1E��J►Ct� TO tNE SM��~�E YjOf F~IwE�4RA6EDN�SV�1�� Cifull3[. 2•2TCONtRETE 1,�� iREMCM MCKf�� SW►l� Mt[T REO��RE�[wt� IOR �11�OATrOM ��0 COM►ACT�OM Af �►LCl/It0 �N ttC1� 102 OI TM( tTAMGMIO tr[Cl/ICA• TIOM� IOR COM�TRl�CT411, ►Y�l1C w011K� D[►T,G�TI' 0I ►OAT M011Tw T[1tA! O� SACllflll A3 SrECifIEO iN SCCt�ONS [ 1- 2 ANO E2• 2 O/ T11C l�tu/�C�r�ON! ►p1 rrAfE11 OL►NT- YIM? ►R0�[CT/, /O�T 1rWITM N�f[R � /COpIN• Of ►1�[ TO YATCM Aa1AC[MT •[CTIOM • OE►T,CiTr OF �o�1T wORTN. T[xAt , OR 1►EC�fICATiON ��l� MMlC!ltYtJl !! Y011t ' lTRMKMT. + �� • � r11o►OKD I�CWtr MIfTKI�TfOM 4 ON YA�01lMIQ�Ctl,M /RO�CT [MMM[d OA D[MM[II MUfT . , . [MKaJT[ TTR /1N.L'N�TM 01 [IflTIl1� KLLA�. MY[MMT A! • — ►�►E � T_O:MGO�µ00�, MRJTY t0 111TN�TAJID CON�TRtICT10M ' • .. L4A�M�. 1►M'/RO�IItATt�T'1'�i�M10Ti�� •-/�Ct� �, s.��, _ „�,,. ar��Ll �t 11lYOVtO A 1KrLACt01M�TN AIMO►MAT� TIKATI�IT TO ' ' ' ' ' • • ` ' - —o- ., , �,� [X1iTiN� •At� OR lN�MM[ MATiIIlAL. � TYPICAL S�CTION-TRENCH REP�4lR • TYPiCAL H. M. A. �:�SURFACE WITH SOiL BASE C/T 1' Of fORT MGYtTM *�'�x �s.n��r�c ca�c+�cr� aEv•e •sc••.z . 7RANtiP�??Tn; !• N/! t Fi . 1.�, Rr.S DE P T. ��v-i�_�_T� F11� No. C•322! E'MI/KEERAr11 O/Y/�/OM Rtv-it.�e.ao � • . _ .. 0 [x�iT ��t[ �. _ - � f /i. I / .� � �1 L� G7' C� �l CI �i C�.7 �7 C7 C�`l 1.1 1=1 � C�� C7 a �� . ��0�� C�.��'OOV ��Ep��IV� ��f / �� Ffle ko C-323Q cz�or. cu�o—/ C QUTTER � r �� D� EEQ HOTt NO.� BELOCt -- • -•--- TMIRD COUR�L 1 '•---•�•-•- 3£COHD COeiASd� OR!`N.M,w.0 i t - • -- FlRS7 COUR3Q � a ezuT. cuna p oUTtHR , - - ,� - ., r.'�� ' • •' II � . . . II t. • o p • � 4' I 4° } 07 � m o. � I!" • '� � • , •, , ,'•., .. : It� �' . • • • �• �' � � / ARIME COAT • • • ' • L.[xtSt 011D[ 2:2i :•ONCRETE : � �•.. : . , �. � , �, . • .•.,' . • • • � • • Al� TRQkLN DACK/Ill 01U.11 �ti[T RQCtlIOt4ft[qT0 f0A ltt�0�T10M ItltO tXlit. DA6Q DITCH WALL ' � ' � ' • • • � • � ' Cf�AGTIOtI A{ 4PECIfI[D !t1 ttfM PROPOBED FAquTY � ' • � , ' • 4ot of t�ci ttlw0�►RO !►tCtF�CA- tN3TALLATtOPf ' ' , , • • TIQtlO fOR CColfTRUtT10st, �UOI�C , , • +/OAKO OEPT�CITY Of fORf pORTH p�p� • • T2XAS 011 �CKFILI RJ $?ECtftEO Id . SECTIOtfS EI•2 Att0 E2-! 0� TNE NO?ES � , . !►EC�ftCATtOt=f /Oa trATtP 0[tl�FIT• , �. , naat ►ao�scr�� oat voRtM w�TCR I. 2:27 CONCRETE SHALI. BE INSTALLED A MINIMUM • •. • 0[rT.,cttr or ►owt rsORTH� TtXAs. OF 8�� BELOY! 807TOM OF ASPHALT PAVEMENT.• ' •• ,' 2. �EDOINO Of PIPE 70 MATQi ApJACENT SECT10fi9 OR • �. �►!fe[TRATN�p �fAv[LIEt1T 11Q/l�t[tlQpT SPECSFICATIOH 402, pNICHEVER 19 IJORE STR4y0fNT. • � .' ' COVft1L QAA6'F AW RATf 00 CRAD2 Ad7D RAT[�OP ' . ' . po• RaPttCAT{Oss-A9PHALT Q�OLICATtQN- tTOp� 3, UN MAJOR PROJECT9� THE PROJECT ENOINEER OR OE910NER , '�, � '; � AC 0• 0.40 6AL. •.Y. 1•�0 L0./O.Y, ►tU9T EYALUATf THE FULL r110TH OF EXIS?INO PENETRATiOr: •,• ,' •. • ' ! AC 0- 0.16 lAL. t.Y. 4- Db LOJ�.Y. � PAVEMEN�A9�:T0.�7Nt��Stlf�A�C0A91TIQHl1A8(LfT.Y TO • ' � ' • . •'..•': • •• �•�� •. ' MITH�TANO COMSTRUCTION LQAO�fi 0. Ik"Ar u n H�Ej'Ttf��..� •�:':.�'��>' � � � '' i AC 9• o.:e ea�. O.r. 0(��2'COAT) l410/S3Y. FULL WIOTH Of SURfACE EHALL BE RE140YED � REPLA4[D � � � � � � � �4�� µ¢��Y4� + , � •� � - • � y : . _ • MATH APPROPRtATE TREATNEqT TO EXI911k0 BJ11E OR • �� SUBQRI�OE MQTERfAt. !N 7NAT EVENT, 2 OF H.M.A. C� CoH BE Su85T�rurEo foa TMf TNaEE [ouaSE • PENETRATIOt� ►AV�MEl1T. ' ' cirr o� foar r�►vRr� TRANSPORTl.TION/PUBLtC WURKS OEPARTAIENT fa'6/1�EL!'R/N6 O/i�/4/OOJ �v.- e -� -r a REV.-1l-I-Ts RE V.• 1!•!D-CO REV: 0•30-02 �ev•a-e-o� la.�r.l REV- 9-I2:B6ID.E.S) f /t1. � � TYPe �C � or �f3 f.�Qck1i!/ /�ROPOSElJ � (Benea fh YV K7d� ; � , • � - - '..• �- - 1.\UI%/. a ,�� .. -• � .;.`��>•_- •�. .. �, j� ; :`.: _ .2 . .•; :,. LJ �,---- �• ---- . ,,, � �� I�! � � I,� �J 0 �J � �� Ll �� L�I � � i�' Scrnd MQferiQ/� ��, � Embedme�f ',=; Inc%dtr/In Linca� Fc3ot f,�id Pri�e oJ/�ipc. � � :� i� C�SE 1: PROl�OSED AAVEp STREET u.T. S. � ,�,GVED STi4'EE T �utu�e /��ving Only) � , �F � �' � EX/STlNG �.4YE0 STREET Street f�aving � . . �f ,� � .-�`:::�� '�"" �, ' - �i�iia� � _— __-- �--_�-�;� I b EGutte� Qnd/arSidewQ/k 11�OTE : '�� . �Se �� Sha �,BePayltein Only �,�'Wi�hin � l�avemenf R�pair Is f�i- . � 1.5feetf NominQl pipe Diame,�er Linear Fao� f34sis,Paring :, . ` ' 2 h/id�h is Usuolly OrrQ Foo� 8ofh :;� _ � (2 et Min.) �o The �af The Pipe Sides of Trench, flon�r�rUp,per :_:::: �'z An �1s ReplQced os Di�ected. by Po��ion � T�ench Widf h Shal/ Qe �'� �:=' � � The .Engineer. - n �� 9 � S��d MaferiQ/ n lk�e�mined byCant�c�au-. ' =�• . , � �,. �•' �£�rrb�dn�tnt ---y—�`'` �� . � . .. : ,K �i�. � � � �1 � . ;:�ncluded !n t in�ar faof �8id P�ice of Pipe. .__ Ci45E 2: E�XISTlIYG PAVEA SFREET IY. T. S. , � . --- —� — - � — �` _ EXCAVATIoN, f�ACKFI� L AN� Ae� vE �EN r R�I°A/R UNoER ARo�OS��D OR ,E'X1S TING S�'REE TS FlGURE .4 , �= ,� Revised 4-9-QZ � ACCESS OPENING DESCRIPTION A. VARIABLE SIZED WATER MAIN B. GROUND LEVEL C. 2' CLEARANCE UNDER WATER MAIN D. 3' "CUT-OUTS" TO BE REMOVED BEFORE CEMENT-LINING AND TO BE REPLACED WITH APPROPRIATE SIZE PVC DR-14 PIPE USING MJ SOLID SLEEVES. �� . �a 5' I � I j D J� 3'—�---�� _—� �A r r �� r PLAN VIEW �� WARNING: The Contractor shall contact the following at least 48 hours prior to excavating in this area. Fort Worth Water Department 871-8296 Fort Worth Transportation and Public Works Lights and Signals Division 871-8100 Lone Star Gas Company Metro (214) 236-3444 Texas Utility Service Company 336-2328 Southwestern Bell Telephone Company Enterprise 9800 Western Union Cable Division (214) 939-1930 Marcus Cable T.V. 737-4731 � I J J � �� B _ D - .. .,I '_I _� � �� — Q _ ' —T' ��/�"_ -�' C � �A I �� 1 LONGITUDINAL VIEW �� EXHIBIT "A" �� FORT WORTH WATER DE��A.RTMENT � � CEMENT-LINING AT VARIOUS CATIONS � WATER PROJECT NO.: PW53-0 530175720 � , : �: ' � �� ?N��:�tOV " . �� . �� f ��r� `',. ` � ' . - ./� i1' � ,y p• � � C � • ,� � _�.�:� b'`•".� 0 ~� .� t �� { � ' f� b � h '4 :,� � Y: t; , �. � b tl • :K��. �:�r . ;� F � �� - - .: � � ��r;�� r�� . � . w �� ° . � � . . ��:,.� N�r: . . : . .� _ - _ . . . � � ,. . . .,�. �,,. � .. � . +., . . � aJtAJ S , , .�,: `..- ..'s'` __,,,,,,,�.._-. - ' . ' � .. _ • � � � , _ � ._-- . .- . . � .: . ' ,_ . 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J'� �. - . � �. . ; � � . . � C- � tJ . . . fi � . � �a/✓. F��¢. . � ,, 2 , _ � �4,s,c,hdlf Cc+'rer � ` � ' � � . � � � .� �., • ^ � x,� �•�,� . . �„ �. �,. � , � �� L. _ f / ��+�.,� �• �.. • / 1 •� (( G��.sr .ti:.'::�:: :.::-. ; N . . � - �' - . 6. . ir�9 ��,,��r,,d� finiahed - 2 . - �""j . 1.5''r �a�'inq FQ/1'. .9G � �✓ide. - I.! � . - . - � a , � � • - � - . ' � M � • • � �' � � � • i` � a � - � -` ._� �. .�__ � � _ -. � � � -- � � . . .G1TY W�TER .DE�'AaT 5 �� Q ',�,+�" � � 0 �aa-r. woaTH. TEX� �„��/,%'1%� . . crjo�� ' �° � /11,lT�'�� - p,E T"�41�,. . . Q � ,��,��- � .. k� �1 a � _____. �: � /4� � M � � I X 3/4" Bushing �, r Sampling Tap 2" Gate Valve � ,p�, � Backf i l l � C � � � 0 0 N lf1 , ��. �� After Ste �lization and lnsta 1 Plug � 1� �.. � 1 � �: . `.• - - = .• '-• . •, .-r~•�I -- '�`. `� r - . t � . ,`�, •�. � � — ; : s . - _ - - .}. I - � ��Y �..! 11 ' / �� 4 a�d Larger Water Line �;.. . ,y : . . . ,- • • - � . • .. :- :•i- • . ._., -�.� �� .+ ' • ' . � : '• � �,• � . . C r. � tt �, M' ,_ •. �..� � .. � .� ..'. .' - . :�•`"-�•- :-•-- - - ' •'� t`.,-�„` .. . : ��. �Embedment—� ._. . _ _ _Pl ug after �._ , . , . _ �� . � nii�.`��.�ri " • i� � ��+,� i�11�M FWP`��i�vUt�,q, �Backf � 11 � ��,-� e- I ��,�, . _ .. . „ • . , , • `• • . � . � j : �..� .�i, � "iY�� /r �^^ �♦ �� ''�" , •/. • s. ,��: . . . �•�,� �,�• �� l� � � i� �5�,:'` ''.it• •� �. � .'I�=•r .�. � ' • .�. � '. �� •�� , � : '�� . •.� x ; 3"� and SrtiaT'�er Water�t;he t�� /'�./ �• • . - '� � rl;f� i � •• � �� : � •,•� . •� � •, : �� • : . �� . • � � \�. 1 '; i�•:' :�.s�''i�• �� 1...,�...y•':.`�s ,: '•J ,.�`''. , •�. � � . � .I.,,.��J . l I'• � .='� � �:� � �. �• • - •} • • � Z ` . . �' •. ; �+'�}�� i b d t —� ~ - e men � STAND�IRD DETi IL � � 2" Tee Remove Piping 2" Coup]ing to be p}ugged w/2" C. I. Plug a�ter sampling Chiorination blowoff and sample point for deadend water piping. Contractor is to furt� i sh a 1 T 1 abor and materia]s. Material will be removed and retained by the Con- tractor after satis- factory;samples have been obtained.. Concrete Blocking, . per Fig. 9. END PLUG CHL.ORfNATlO t 6L�WOFF AfVQ SAMPLING P lNT FlGURE 27 _ �� 2" Short Nipple � :k t�OTE: � �� S'amp 1 i ng � `1`7$ �^` E 2-24 Construction Spec. . _ 1� � � � � � I � � r r � � � � � � � � � �� SECTION E - SPECIFICATIO�TS � � h �� VYATER OEPAiiTMENT Sf CTI 0�1 F S Nc CI FI CATI O��IS JAr�UARY 1, 97ci gF �� A]] materiais, construction methods and procedures used in this project shall conform to Sections E�, E2, and E1A of the F. rt iJor�h Water lleparLment Genera� Contract Documents and 6eneral Specificati�ons, together with a��y additional material specificat�on(s), constructio '{s) or later revision(s). (See revisions iisted on tfiis sheet), Sections El` E'L and E2A of the Fort i�forth Water Uepartment General Contract Uocu nts and General Specifications are hereby made a part of this con� act documznt Uy refzrence for ail purposes, the same as if copi�s verbatim nerein, and such Sections are fi led and kept in tne offi,ce of ziie Ci ty Secr tary of the Ci ty of �ort North as an official record of the City of F�t Worth. �� INDEX � " E 1 MATERIAL SPf CI FI CA7ION q � �2 CO��STRUCTI ON SPECI FI CA I0i1S EZA GfNERAL DESIGN DETAILS�� .J Revisions as of April 'L0, 19�1 � follow: . �� A � E1-2.4 Backfill: (Correct minimum compaction requiprement to 95;� Procter density j� and correct P. I. val ues as follows :) �� c. Additional backfill requirements when�approved far use in � streets: '� 1. Type B Backfi]] (c) Maximum p7astic index (PI) shall be � 'L. Type C �ackfi 11 �, — Q (a) Material meeting require nts and having a PI of 8 or less siiall be conside d as suitable for compact- ion by hetting � a {�) Material rt�eiing require nt and having a PI of 9 or more siiall be consider�d for use oc�ly wit�� — mec;�anica7 compaction � • � E1-2.11Trenct� k3ackfil7: (Correct minimum compacti rti requirement wherever it appears in this section to 95b Procter deii ity except for paragrapn a.l. wt�ere the "95% modified Procter density" shall remain unci�ang�a). � . � �� -, '� � I� � � � � a 0 '� I� �1 � � � � � � � � � < , .� . r�. . ,� ., , .� �� NOTICE The following blank spaces in the Cert��icate of Insurance, Performance, Payment and Ma tenance Bonds, and Contract are not to be filled 1 by the Bidder at the time of submitting his/her roposal. These forms are included herein to famil'arize the Bidder with such forms which the success 1 Bidder will be required to execute. : � � �>� , , � r► . A� -- .. . _-� . -. . .. . � � �� C� C�1 C�� L�J .. �� z� �� CERTIFICATE OF INSURANCE �� TO: CITY OF FORT WORTH, TEXAS �� Date: �� -' �� — � NAME OF PROJECT: �,��I�/�%-�% N/ �°� �l' Vf1'"�/�O <L f h OG,f}�%/ p/yf f�cJ�".� 6 � . ..., PROJECT NUMBER: — D OJ�3�%� %� �07 ,,� �ZD� Oi�%��C� THIS IS TO CERTIFY THAT �%/7'�'�'�p,�'i/�`,O� �`No`�G� �i� �7� � 7�j� (Name and Ad ress of Insured) is, at the date of this certificate, Insured by this Company with respe� to the business operations hereinafter described, for the type of insurance and in accordance with the provisi � s of the standard policies used by this Company, and further hereinafter described. Exceptions to standard polic}��noted on reverse side hereof. � a TYPE OF INSURANCE � � Policy No. Effective Expir�s Limits of Liability � Worker's Compensation �� Comprehensive General � Liability Insurance (Public Liability) � � Blasting Collapse of Buildings or structures adjacent to � excavations Damage to Underground Utilities Builder's Risk � Comprehensive _ Automobile � . Liability � Contractual Liability � � � � � � � � Other Bodily In�ury. Ea.Occurrence: $ Property Damage: Ea Occurrence: $ Ea.Occurrence: $ Ea.Occurrence: $ Ea.Occurrence: $ Bodily Injury: Ea. Person: $ Ea.Occurrence: $ Property Damage: Ea Occurrence: $ Bodily Injury: Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Locations covered: Description of operations covered: �p The above policies either in the body thereof or by appropriate endorse�nent provide that they may not be changed or canceled by the insurer in less than five (5) days after the insured h�s received written notice of such change%r cancellation. � Where applicable local laws or regulations require more than five (5) d s actual notice of change or cancellation to be assured, the above policies contain such special requirements, eit er in the body thereof or by appropriate endorsement thereto attached. �� A�encv Fort Worth A�ent Address s . ...$^ � a� �R �� Title �p � �� w ..., o ,., �� PERFORMANCE BOND Bond No. KO-5953273 TI� STATE OF TEXAS § � � � COUNTY OF TARRANT § ;� �' � � KNOW ALL MEN BY'THESE PRESENTS: That we (1) INTF�IOR PIPE LININGS, INC. a(2) CORPORATION of TEXAS, hereinafter call Principal, and (3)INDEIV�NITY INSURANCE COMPANY OF D NORTH AMERICA a corporation organized and existing under the 1�s of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly� bound unto the City of Fort Worth, a municipal corporation organized and eausting under the laws of the State � Texas, hereinafter called Owner, in the � penal sum of: TWO HUNDRED AND SIXTY THOUSAND EIGHT HUNDRED FQ� �'Y AND 00/100... l�260.840.001 Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for Othe payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, joinfly and severally, firmly by these presents. � a. TI� CONDITION OF THIS of: OBLIGATION is such that Wh�reas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated. the �� / F O ,1999 a oopy of which is � hereto attached and made a part hereof, for the construction of: CEMENT LINING AT VARIOUS LOCATIONS DC� NO. 2709 � designated as Project No. (s) PW53-060530175720. a copy of which con ct is hereby attached, referred to, and made a part hereof as fully and to the same extent as if copied at length � ein, such project and construction being hereinafter referred to as the "work". a a �� NOW 'TI�REFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof � which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and sav� hannless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reim urse and repay the Owner all ouflay and a expense which the Owner may incur in making good any default, then t's obligarion shall be void; otherwise to remain in full force and effect. � i � � �■J L�J D FI J I � �� f ,�,I, � � L�J PROVIDED FIJRTI�R, that if any legal action filed upon this bond, venue shall lie in Tarrant County, State of Te�s. • � AND PROVIDED FIJRTHER, that the said Surety, for value re��eived, hereby stipulates and agrees that no change, extension of rime, alteration or addition to the terms of the �ontract or to the work to be perfonned thereunder or the specifications accompanying the same shall in any wis�ffect its obligarions on this bond, and it does hereby waive notice of any such change, extension of time, alteratia or addition to the terms of the contract or to the work or to the specifications. N WITNESS WI�REOF, this in nt is executed in 6' uuterparts each one of which shall be deemed an original, this the �`�f ,1999. � ATTEST: � (PrinciPal) e (SEAL) i...�...�� Witnes � pal a Address ST: ' � (Sur ) Secretary CI, L�J � C lJ �� '■J (SEAL) �1 itness as to Surety "r 811 Lamar. Suite 310. Fort Worth Texas 76102 (Address) � � INTERIO ¢ �I.ININGS, INC. BY: � (4)C��*�v" � • Title: � ,� • ` 6204 NORq � RIDGE ROAD .. � FORT W TH, TEXAS 76135 , . r_ (Address) i ' F ' Indemni►��urance ComAanv of North America Surery , � BY: (Attorn ' -.'a 5) � Martin A. Prisant 811 L`amar. Suite 310, Fort Worth Te�s 76102 (Address) NOTE: D te of Bond must not be pnor to date of Contract (�j Correct Name of Contractor (�� 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 (�� A true copy of Power of Attomey shall � attached to Bond by Attorney-in-Fact.. a F2 LJ � l�1 L�J MAINTENANCE BOND No. KO-5953273 'TI� STATE OF TEXAS COUNTY OF TARRANT a KNOW ALL MEN BY THESE PRESENTS: That (1) � TERIOR PIPE LININGS. INC. as Principal, acting herein by and through (2) GARY EASLEY its duly uthorized VICE PRESIDENT and (3) INDEMNITY INSURANCE COMPANY OF NORTH AMERICA �corparation organized under the laws of a the State of Pennsylvania, as surety, do hereby acknowledge themselves � o be held and bound to pay unto the City of Fort Worth, A Municipal Corporarion, chartered by virtue of Consritu�on and laws of the State of Texas, at Fort Wo rt h, in Tarran t Coun t y, Texas t he sum o f � TWO HUNDRED AND SIXTY THOUSAND EIGHT HUNDRED F�RTY AND 00/100.... ($260.840.001 in lawfiil money of the United States, for the payment which sum well and truly be made unto D said City of Fort Worth and its successors, said Contractor and sure t do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. CI' � LJ ��l L�J � This obligation is conditioned, however; that, ` �� WHEREAS, th Principal has entered into a certain contract �vith the City of Fort Worth dated �o.a� i D� , 1999, the performance of the following described public work and the construction of the following described public improvements: j CEMENT LINING AT VARIOUS LOCATIONS D�E NO. 2709 �p of same being referred to herein and in said contract as the Work and �ing designated as Project No. (s) PW53- 060530175720and said contract, including all of the specific�tions, con itions and written instruments referred to therein as contract documents being hereby incorporated herein by re, erence for all purposes and made a part hereof, the same as if set out verbatim herein; and , � WHEREA,S, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remai.n in good repair and condition for and during the perio�Ci One (1) Year after the date of the final acceptance of the work by the City; and , �k �� WHEREAS, said Contractor binds itself to maintain said work�in good repai.r and condition for said term � of One (1) Year; and, o 'WHEREAS, said Contractor binds itself to repair or reconstru the work in whole or in part at any time within said period, if in the opinion of the Director of the Water D ent of the City of Fort Worth, it be necessary; and, l�J I�. !J WHEREAS, said Contractor binds itself, upon receiving notice of f�e need therefor to repau or reconstruct said work as herein provided. �� FS �� l�J ,� J C C C C '� � C�J � �� 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 �11 force and effect, and said City shall have and recover from the said Contractor and its surety damages in the premises escribed by said Contract. This obligation shall be continuing one and successive recoveries may be had hereon for succes ive breaches until the full amount hereof is exhausted. VVHEREAS, all parties covenant and agree that if any legal action�be filed upon this bond, venue shall lie in Tairant County, Texas; and, �� IN WIT� SS VJHEREOF, this instrument is executed in 6 counterparts, each one of which shall be deemed an original, dated �C!'0 U . / O �—� .1999. ATTEST: � � ' ��/�c... ' (Prin�c� etarY (Seal) -� - �,L--. .� Witness �ipal � a A T: a � (SEAL) � O 1 Lamar O � � (Address) � (�LINING�. �C� ,, �� Title: � /#�/ �� _ �� 62 � 4 NORTH RIDGE R.O� - � . F RT WORTH, TEXAS 75�:35. , ' (Address) , ,,, . 1 u ' , � INDEM1vITY INSURANCE COMPANY OF NORTH AMERICA A urety F BY: M � � (Attomey-i -fa . Martin A. Prisant 811 I;�amar, suite 310. Fort Worth Texas 76102 :..�� (Address) N TE: Date of Bond must not be prior to date of Contract �� Witness �s to Surety 310. Fort�o� Texas 76102 � F6 i �Z �� (3) (4) �Sj� # � � Correct Name of Contractor A Corporation, a partnerslup or an Tndividual, as case may be Correct n�me of Surety ffContractor is Partne�ship all Partners should execute Bond Atrue copy of Power of Attomey sj�all be attached to Bond by Attorney-in-F�ct. y � wP � CONTRACTOR COMPLIANCE WIT WORKER'S COMPENSATION LA � yd � � � � J � �J � � Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statu es, Contractor certifies that it provides worker's compensation insurance coverage for al of it's employees employed on City of Fort Worth Project Number PW53-060530� 75720 �� / `o�i ��'� ��`iv;`�✓�S�i� CONTRA BY� D ► ` ,¢ � � Title '` ��z�� Date STATE OF TEXAS 0 � '� � IJ � COUNTY OF TARRANT § , � BEFORE ME the unders' ned � , ig authority, on this day personally appeared a �i h-�% ��L � y , known to me to be t e person whose name is subscribe� to the foregoin� instrument, and a knowl dged to m that he/she executed the same as the act and deed of �`�,� `� `.�r ' � for the purposes and consideration therein expressed and in the capacity therein s'tated. �� G� VEN LINDER MY HAND AND SEAL OF OFFICE zhis �, /t/1'j day of t/q/,,.c� , 19 -lp`�j' . � �� k � /��"�`� � EDNA BAKER � �� ; � � * Notary Public, state of rexas Notar Public in `and for the State of Texas ti�,, My Commission Expires Y OCTOBER 9 19q9 , # ,, �V. ��..��.4w. p ��i' � 0 L�J � � � CI J ��J C' lwJ THE STATE OF TEXAS COUNT'Y OF TARRANT PAYMENT BOND Bond No. KO-5953273 KNOW ALL MEN BY TI�SE PRESENTS: That we (1 INTERIOR PIPE LININGS. INC., a (2) CORPORATION of TEXAS, hereinafter call Principal, and (3) EMNITY INSURANCE COMPANY OF NORTH AMERICA. a corporarion organized and existing under th �laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firml bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State pof 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 AND SIXTY THOUSAND EIGHT HUNDRED FO� TY AND 00/100.... (�260,840.001 Dollars in lawful money of the United States, to be paid i#i Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind o��ves, our heirs, executors, administrators and successors, jointly and severally, firmly to these presents. � THE CONDITION OF THIS OBLIGATION is such that Whereas, the 'ncipal entered into a certain contract with the City of Fort Worth, the Owner, dated the �� ay of �;'�� A.D. , 1999, a copy of which is hereto attached and made a part thereof, for the construction of: • CEMENT LINING AT VARIOUS LOCATIONS D�E NO. 2709 �� Project No. (s)PW53-060530175720, 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 �iroject and construction being hereinafter refened to as the "work". �C �t � NOW TT�REFORE, the condition of this obligation is such at, if the Principal shall promptly make payment to all claimants as defined in Article 5160, Revised Civil Statut � of Te�s, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obl gation shall be null and void, otherwise it shall remain in full force and effect. .� � � l!' � I�� I■J F10 �� .� �I �' � L■J � L�l � �J L!i C�' L�j � � � � Tf� BOND IS MADE AND ENTERED into solely for the protection of all clairnants supplying labor and material in the prosecution of the work provided for in said Contract, as ci °'mants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond a provided in Article 5160 of the Revised Civil Statutes. PROVIDED FiJRTI�R, that if any legal action be filed upo� this bond, venue shall lie in Tarrant County, State of Texas, that the said Surery, for value received, here stipulates and agrees that no change, extension of time, alteration of addition to the terms of the contract or t the work to be performed thereunder or the specifica#ion s accompanying the same shall in any wise affect its ob�igation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition�to the terms of the conVact or to the work to the specifications. �� PROVIDED F[JRT�R, that no fmal settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. ` IN WITNESS WHEREOF, this ' ent is ecuted in 6 unterparts each one of which shall be deemed an original, this the / O�'�lay of � t4 A. � 1999. ATTEST: , s�ir, .l�.� (Principal) Secretary (SEAL) ��l �� itn�ss pc� al Address A � � ( t�') SecretarY (SEAL) � 0 C lJ • � � Witness to Surety 811 Lamar, Suite 310. Fort Worth. Texas 76102 BY: Title: E �.ININGS �� PRINCIP / �� r=� ;F%�1� �I�� 6204 NO�H RIDGE ROAD , � FORT W RTH, TEXAS 76135 . (Address) " ` � �nce Comnanv of North America Sure c . ,I (Attorney-' -fa 5) Martin A. Prisant (Address) 811 � ' 31 Lama r Surte 0. Fort Worth. Texas 76102 (Address) NOTE: D`te of Bond must not be prior to date contract ( Correct Name of Contractor ( A Corporation, a Partnership or an Individual, as case may be ( Correct name of Surery ( If contractor is Partnerslup all Partners should execute Bond (�) A true copy of Power of Attorney shall be attached to Bond by �, Attomey in Fact. i'� , � ,. �. .. �. _ ' , INDEMNITY INS � . , , _ ,_., �� , , � , , �� , �� . . '�� %wer � f URANCE COMPANY OF NORTH AMERICA 84843 g � �� Attorney �� ;r' � � � � � Bond No. KO-5953773 ,� CIGNA � Know all men by these presents: That INDEMNITY INSURANCE COMPANY OT NORTH AMERICA , a corporation of the Commonwealth of Pennsylvania , having its princ�pal office in the City of Philadelphis Pennsylvani: , pursuant to the following Resolution, adopted by the Board of Directors of th� said Company on December 5, 19R3, to wit C, "RESOL VED, That putsuant to Articles 3. I R and 5.1 of the By-Laws, the following Rules shall govem the execution for the Cempany of bonds, undectakings, recogni7ances, contracts and other writings in the naNre Utereof: (1) That the President, any Senior Vice President, any Vice President, and Assistart Vice President, or any Attomey-in-Fact, may exewte fer and on behalf of [he Company any and atl bonds, imdertakings, recognizances, contracts and other writings in the natvre thereof, the same to be attested when necessary by the Colporate Secretary, or any Assistan[ Corporate Seeretary; and the seal of the Com}ra�ry allixed thereto; and that the President, any Senior Vice President, any Vice President or any Assistant Vice President may appoint and authcttize any other Ofticer (elected or appeinte� of the Company, ant Attomeys-In-Fact to so execute cx ,� attest to the execution of all such writings on behalf ef the Company and to affix the seal ef the Company theieto. � (2) Any such writing executed in aceordance with these Rules shall be as binding upon the Cempany in any cau as though signed by the President and attested to by the Coiporate Secretary. d'� (3) The signature of the President, or a Senior V ice President, or a Vice President, or an Assistant Vice Presiden[ and the seal of the Company may be affixed by facsimile on any power of attcmiey g�anted pu[suant to this % Resolutioq and the signahue of a certifying Officer and the seal of the Company may be af£ixed by ficsunile to any certificate of any such power, and any such power or certificate bearing such facsimile signahue and ,� � seal shall be valid and binding on the Company. i�� (4) Such other Officers of the Company, and Attomeys-In-Fact shall have authonty to certify or verify copies of thi.s Resolution, the By-Laws of the Cempany, and any ati'idavit er record ef the Company necessary to the '� dischazge of their duties. (5) The passage of this Resolution dees not tevoke any eazlier authority g[anted by Resoluticros otthe Boazd of Duectas adopted on June 9, 1953, May 28, 1975, and Mazch 23, 1977." � does hereby nominate, constitute and appoint MARTIN A. PRISANT Of iI10 Clty Of Mi1m1, State of Florida , each individually if there be more than one named, its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not axceedin� Five Hundred Thousand Dollars ($500,000 and the execution of such writings in pursuance of these presents shall be as binding upon said Company, as fully and amply as if they had been duly executed and ackowledged � by the regularly elected officers ofthe Company at its principal office. � Q � ', � � Y N � � �� J � L u� j �c�a U � a ,� N � O � �' ` (a o � > �' Q � (6 .y—� � � � � a O � � � O � O N > C � � o � z � � � � L � � � L � �I � � � � L � � �, �� U � � O L Z U �� - i i ��I � ' ' ss-ssaa9a IN WITNESS WHEREOF, the said William Jungreis , Vice-President, has hereunto subscribed his name and �xed the corporate seal ofthe said INDEMNITY INSURANCE COMPANI' OF NORTH AMERICA this 14th day of Jul} 1995 . �r,i �Cp:/,�y"�'� �. ww�r�^�.. Y i .'l�li'��V�ss�t,�'n'y �3' 1 V~'-�9 'l �(�:�!' L ' �`-,.,1 ^ +y;,sz �,-� "�a'��1<<� e 'i, J�y; ••..�. ''�'rp. �� Nn NII Y�'� INDEMNITY INSURANCE COMPANY OF NORTH AMERICA ' W `� � � William Jungreis , Vice President COMMONWEALTH OF PENNSYLVANIA A COUNTY OF PHILADELPHIA ss. On This 14th day of July , A.D. 1999 , before me, a Notary Public oY the Commonwealth of Pennsylvania in and for the County of Philadelphia came William Jungreis , Vice-President ofthe INDEMNITY INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and ofiicer who executed the preceding instrument, and he acknowledged that he executed the same, and that the seal �xed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly �xed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, refeired to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I haue hereunto set my hand and �xed my official seal at the City of Philadelphia the day and yeaz first above written. �.............. �'i�` -�.:,`,.-'• Z� �~ "`~^ �'-�•�, �. r'� �;y��'''�,r� � =_ ' V � Qi � a � i � �� - r �' A V �,i � :Y ti t ' �S.! . : � _��, • Y 1: r T . V$ ,�•` "'�� "� R Y � ,.�. `��+liu�p 1111��1��1 NOTARIAL SEAL DEBRA M. MARANO, Notary Public Clty oT Phlladelphla, Phlla. Counry My Commission Expires Dec 20,1999 �� i Notary Public I, the undersigned Secretary of INDEMNITY INSURANCE COMPANY OF NORTH AMERICA , do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a substantially true and correct copy, is in full force and effect. In witness whereof, I have hereunto subscribed my name as Secretary, and �xed the corporate seal of the Coiporation, thisl 6 th day of November 1��. �u��.��,�,yv s�,a Y�Car,yyrv,*c� /�YX� � / Y . �f�q v�rs��4^� - "�s.� f -` ,�� ° :Y .�p�SC ' / s°c�'.a��R�"�'�J,F Debra H. Paziora , Secret�ry ��'� w. x� M��r, THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTE: July 14, 2001 . NOT VALID UNLFSS PRINTED ON T]EAL BACKGROUND - -. . _ �.; . . .: . .._., � '��, �.. � . . : .�. �T_. ,W..� ..._ y ....�,..�..,.�.�. . � , � .r._ .,� n:� .. � „ .. � , �,.� � ru�, � . ��r. � l�J � L�i �� f�'i THE STATE OF TEXAS COUNTY OF TARRANT PART G - CONTRACT �� THIS CONTRACT, made and entered into �� U• 1��, �`� �l q r by and between the City of Fort Worth, a home-rule municipal corporation �� cated in Tarrant County, Texas, acting through its City Manager thereunto duly authorized so to do, Party of the F�rst Part, hereinafter termed "OWNER", and��i �,�il v�i' !"/ iOL� �1 /r/ J`/!/� .Z�G. of the City of ,�r�(/ County of ��.,@,q y T �d � �� , Party of the Second Part, hereinafter termed �a State of �_�`—x�, j � "CONTRACTOR". � WITNESSETH: That for and in consideration of the payments a.d 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 co��lete certain improvements described as � follows: .F L#J � � � � � CI � l�l � � Cement-Lining at Various Locations Water Project No. PW53-060530175720 and all extra work connected therewith, under the terms as stated in the C4ntract Documents, and at his (their) own proper cost and expense to furnish all the materials, supplies, machinery, �quipment, tools, superintendence, labor, bonds, insurance, and other accessor�es and services necessary to complete�the said construction, in accordance with all the requirements of the Contract Documents, which include all maps,� lats, blueprints and other drawings and printed or written explanatory matter thereof, and the specifications thereo�as prepared by the Engineers employed by the Owner, each of which has been identified by the endorsement of t e Contractor and the Engineers thereon, together with the Contractor's Written Proposal and the other parts of t e Contract Documents hereto attached, including the Fort Worth Water Department General Contract Document�and General Specifications, al! of which are made a part hereof and collectively evidence and constitute the entire c, ntract. The Contractor hereby agrees to commence work within ten (10)��lays after the date written notice to do so shalf have been given to him, and to substantially complete same within th�e time stated in the proposal. �� G- I � � ■�J a �� The Owner agrees to pay the Contractor in current funds for the erformance of the contract in accordance with the Proposal submitted therefor, subject to additions and deduction� as provided in the Contract Documents � and all approved modifications thereof, and to make payment on account ereof as provided therein. � ''__� � �J � � ''� � �� IN WITNESS WHEREOF, the Parties to these presents have e��cuted this Contract in sextuplicate in the year and day first above written. City of Fort Worth, Texas (Owner) Party of the First Part By: Mike Groomer, Assistant City Manager Party the Second Part on actor WITNESSES: � �, J`l /,.�.,.�s C.��'�/� �� App d for Fort orth City Water De arlment: / I..i.r � _ i ��G� � f Le�C. Bradley Jr., Director �'1.� , ... � � �► �i. 'I a.��,• ,� .� .. � A. Douglas Rademaker, P.E., Director �`, � � �� Department of Engineering ATTEST: �p �C � ' .P Q�.,,.,. Gloria Pe�son, C' Secretary (SEAL) �� By� �� L° - � � R � C�ntract 1�uthorization . � /`�� L ��te �I rov Form a d Legality: ��Gary Steinberger, Assistant City Attorney a �� .� # �� G-2 �� Q � � � � Q � � � � � � � Q � Q � � a a � �� . �r �� '�� .e �� o �r or�� P AR� � � C ? �! �r . , i�� . ,� .. �� .� �� i �� - �� September 21, 2000 City of Fort Worth Water Department Attn: Darrell Gadberry 1608 11`�' Avenue Fort Worth, Texas 76102-4397 Re: Part D, Special Conditions Modifications Cement-Lining at Various Locations Project No.PW53-060530175720 D.O.E. No. 2709 Dear Mr. Gadberry: The purpose of the project Cement Lining at Various Locations is to improve water quality problems in the City of Fort Worth. In order to ensure this project accomplishes this goal for future one-year terms, the contract documents were reviewed after issuing several work orders. At that time it was noted that some generic contract language was omitted from Part D, Special Conditions, therefore it was determined that a thorough review was in order. Once these issues were addressed, Interior Pipe Linings, Inc. met with the Fort Worth Water Department. After some minor corrections, Interior Pipe Linings, Inc. has agreed to the revised Special Conditions which should improve the contract's efficiency without changing the overall scope of the project. The revised Part D- Special Conditions is to replace the original Part D of the contract specifications. Should you have any questions concerning this matter, please call me at (817) 237-1887. �`,rJ 'C G y Easle Attachments C.C. Joseph Gagliardi, P.E., Construction Manager Gary Steinberger, Assistant City Attorney Gloria Pearson, City Secretary Travis Moncrief, Department of Engineering, Inspector John Kasavich, E.I.T., Water Department Thank you. � PA�T D - SPECIAL CONDYTIONS TABLE OF CONTENTS 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-3 5 D-36 D-37 D-38 D-39 D-40 D=41 TABLE OF CONTENT� � .R General . � ` Interpretation and Preparation of�roposal Bonds (City Let Projects) P�oject Designation Right To Audit � Minority and Women Business ,� terprise Compliance Indemnification � Determination and Initiation of ork Liquidated Damages � � Move�-In Charges Damage to Private Property . Termination of Contract � Project Clean up � Payment Worker's Compensation Insur�ce � Wage Rates Safety Restrictions — Work Near.High Voltage Lines Existing Utilities Traific Control � F Construction Time Restrictions � Barricades, Warnings and Flagr�}en Protection of Trees, Plants, and' oils Contractor's Responsibility for � amage Claims Site Preparation ° Site Restoration � Bid Quantities 3' Explanation of Bid Items �� Submission of Bids Contract Time `� Option to Renew �� Work Order Completion Time Coordination with Fort Worth ater Department Substitutions Assistance by Owner ' � � Disposal of Spoil/Fill Material ,, Dewatering ` Removal of Existing Facilities �� Ductile-lron and Gray-Iron FrttiYngs 2-Inch Temporary Service Lin ' Valve Cut-Ins �k Valve BIocking `� PAR#�' D - SPECIAL CONDITIONS TABLE OF CONTENTS � ITEM TABLE OF CONTENTS� . A �N D-42 Access Openings D-43 Cleaning of Water Pipe �� D-44 Cement Lining of Water Pipe � D-45 Purging and Sterilization of Wate Lines D-46 Samples and Quality Control Tes�ing D-47 2:27 Concrete D-48 Pavement Repair (E2-19) ' �i �! . �! � � � �� PART D- SPECIAL CONDI � ONS , D-1 General: Subject to modifications as herein contained, the Fort Wort Water Department's General Contract Documents and General Specifications, effective J ly 1, 1978, with the latest revisions, are made a part of the Contract Documents for t is project. The Plans, Special Conditions and Provisions Documents, and the rules, regul��tions, requirements, instructions, drawings or details referred to by manufacturer's name, number or identification included therein as specifying, referring, or implying product contro�, performance, quality, or other shall be binding upon the Contractor. The specifications an drawings shall be considered cooperative: therefore, work or material called for by one d not shown or mentioned in the other shall be accomplished or furnished in a faithful mann r as though required by all. The order or precedence in case of conflicts or discrepanci s�between various parts of the Contract Documents subject to the ruling of the OWNER s�all generally, but not necessarily, follow the guidelines listed below: �� 1. Plans, Work Order, Ma & Table to be furnis�ed to the Contractor at a later P i , date) 2. Special Contract Documents and Specifications'' 3. General Contract Documents and General Spec��ications The following Special Conditions shall be applicable to thi.� project and shall govern over any conflicts with the General Documents under the provisions stated above. D-2 Interpretation and Preparation of Proposal: Reference Part C, General Conditions, Section C2-2 INTE RETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchang paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: , C2-2.7 DELIVERY OF PROPOSAL: No proposal will be';considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing� anager or his representative at the official location and stated time set forth in the "Notic to Bidders". It is the Bidder's sole responsibility to deliver the proposal at the proper t' to the proper place. The mere fact that a proposal was�dispatched will not be considered.��he Bidders must have the proposal actually delivered. Each proposal shall be in a se led envelope plainly marked with the word "PROPOSAL" and the name or description of th project as designated in the "Notice to Bidders". The envelope shall be addressed to t� Purchasing Manager, City of Fort Worth Purchasing Division, P. O. Box 17027, Fort orth, Texas 76102. � �. C2-2.8 WITHDRAWING PROPOSALS: Proposals actuall� filed with the Purchasing Manager cannot be withdrawn prior to the time set for op nmg proposals. A request for non-consideration of a proposal must be made in writing, ddressed to the City Manager, and filed with him prior to the time set for the opening of pro sals After all proposals not requested for non-consideration are opened and read alou the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened.• � D-1 � �� , C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSA�S: An bidder ma modi his Y Y fY proposal by telegraphic communication at any time prior t the time set for opening � pxoposals, provided such telegraphic communication is rec 'ved by the Purchasing Manager prior to said proposal opening tim�, and provided further, at the City Manager is satisiied that a written and duly authenticated conf'irmation of such t legraphic communication over the signature of the bidder was mailed prior to the proposal op�ning time. If such confirmation is not received within forty-eight (48) hours after the proposa� time, no further consideration will be given to the proposal. � D-3 Bonds (City Let Projects): � Reference Part C, General Conditions, Section C3-3 AWA� AND EXECUTION OF DOCUMENTS: dated November 1, 1987; (City let projects) make the following revisions: ,. � 1. Pg. C3-3(3); the paragraph after paragraph C3-3.7d—O�'HER BONDS: should be revised to read: No surety will be accepted by the Owner which a.�e at the time in default or delinquent on any bonds or which are interested in any liti�ation against the Owner. All bonds shall be made on the forms furnished by the Owner and th 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 ureties [Circular 870], or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to business in the state of Texas. The a�ount of the bond shall not exceed the amount shown on the Treasury list or one-tenth (1/10).��f the total capital and surplus. If reinsurance is required, the company writing the reinsurarice must be authorized, accredited, or trusted to do business in Texas. ; 2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete s� paragraph a. COMPENSATION TNSURANCE. ,� 3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete s�Y�bparagraph g. LOCAL AGENT FOR INSURANCE AND BONDING. -N D-4 Project Desi�nation: Work under these Special Documents shall be performed �nder the following Fort Worth Water Department Pro�ect Designation: Cement Lining at Various Locations 3} Project No. PW53-060530175720 �� D-5 Ri�ht to Audit: Reference Part C, General Conditions, Section C8-$ ME�SUREMENT AND PAYMENT, Page C8-8 (5); add the following: �� C8-8.14 RIGHT TO AUDIT: . � 1. Contractor agrees that the City shall, until the �xpiration of three (3) years after iinal payment under this contract, have acces to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract Contractor agrees that the City shall be provided access during normal worki g hours to all necessary Contractor D-2 � facilities and shall be provided adequate and ap�+ opriate workspace in order to conduct audits in compliance with the provision of this section. The Ciry shall give Contractor reasonable advance notice of in nded audits. 2. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that t� City shall, until the expiration of three (3) years after final payment under the ubcontract, have access to the right to examine any directly pertinent books, s bcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article�' City shall give subcontractor reasonable advance notice of intended audits. - 3. Contractor and subcontractor agree to photocopy such documents as follows: A. 50 copies and under - 10 cents per page. �' B. More than 50 copies - 85 cents for the firs� page plus fifteen cents for each page thereafter. � F D-6 Minority and Women Business Enterprise Compliance: Reference Part C, General Conditions, Section C3-3 AWA�,2D AND EXECUTION OF DOCUMENTS, paragraph C3-3.2 MINORITY BUSINES � ENTERPRISE/WOMEN- OWNED BUSINESS ENTERPRISE COMPLIANCE: shal be deleted in its entirety and replaced with the following: "Upon request, Contractor agrees to provide Owner compl `te and accurate information regarding actual work performed by a Minority Business terprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment th refore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or �JBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the �'ommission of fraud by the Contractor will be grounds for termination of the contract nd/or initiating action under appropriate federal, state or local laws or ordinances relati g to false statements; further any such misrepresentation (other than a negligent misrepresen ation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participation in City work for a period of time of not less t�an three (3) years". D-7 Indemni�cation: � The Contractor agrees to fully indemnify and save whole a d harmless, the City and/or Owners of the units and lots abutting the units in the Contr,act, from all costs or damages arising out of any real or asserted claim or cause of action against it of whatsoever kind of character and in addition from any and all costs or damage arising out of any wrongs, injuries, demands or suits for damages, either real or asse ed claimed against it that may be occasioned by any act, omission, neglect or misconduct o he said Contractor, his agents, servants. and employees. The Contractor further agrees to comply with all applicable laws, regulations, ordinances, building, and construction codes i the City of Fort Worth and the State of Texas, and with any regulations for the protection of workers which may be promulgated by the government, and shall protect such wo -kers with all necessary lights barriers, safeguards, and warnings as are provided for in s�aid speci�cations and in the D-3 , ordinances and regulations of said City. D-8 Determination and Initiation of Work: � The Owner shall determine and designate to the Contractor �he location of water lines selected for cement lining by a Work Order together with a map. The Owner will notify the Contractor that a Work Order is ready and fax the Contractor a copy o the Work Order notification. The Contractor is to provide his fax number to the Engineer at t e pre-construction conference. Single or several Work Orders may be issued at one time. he Owner reserves the right to issue Work Orders utilizing one or any combination of the various bid items. The Contractor shall initiate work within ten (10) working days after recei of the Work Order, and continue work until it has been completed. The Contractor shall fur ish and supply sufficient equipment and personnel to complete the Work Order in th amount of time provided for in the Work Order. If necessary, the contractor shall add add�tional work crews and equipment to complete the Work Order or Work Orders in the time pr�ovided therefore. D-9 Li uidated Dama es: � q � � The Contractor shall pay liquidated damages of twenty-fivepdollars ($25.00) per day per Work Order, for failure to begin a Work Order within the ten (1 'working days of the date the Work Order is faxed to the Contractor. Failure to complet project within the stipulated construction time on the Work Order, the Contractor will �y liquidated damages in the amount stipulated in these contract documents. D-10 Move-In Char�es: A Work Order may contain one or more locations Order issued. One �ve-in fee will be allowed per Work 1 D-11 Dama�e to Private Propert.y: The Contractor shall immediately repair or replace any da age to private property, including but not limited to fences, walls, pavement and water and s�wer services, at no cost to the owner, per Paragraph C6-6.10 of the General Conditions. °`This shall be subsidiary to the contract and not a separate pay item. D-12 Termination of Contract: If the Contractor shall be adjudged bankrupt, or if he sho d make a general assignment for the benefit of his creditors, or if a receiver should be appo nted on account of his insolvency, or if he should persistently or repeatedly refuse or should � ail, except in cases for which extension of time is provided, to supply enough properly skilled workmen, equipment or proper materials, or if he should fail to make prompt pay ent to subcontractor or for material F or labor, or persistently disregard laws, ordinances or the 'nstructions of the OWNER, or otherwise be guilty of a substantial violation of any provis on of the Contract then the Owner upon the certificate of the OWNER that sufficient cause ex�ists to justify such action may without prejudice to any other right or remedy and after giving the Contractor seven (7) days written notice terminate the employment of the Contracto� and take possession of the premises and of all materials, tools, and appliance thereo and finish the work by whatever method the Owner may deem expedient. In such case, the' �ontractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price shall exceed the expense of finishing the work, incl �ding compensation for additional managerial and administrative service, such excess shall b� paid to the Contractor. If such expense shall exceed such unpaid balance the Contractor shall pay the dif%rence to the Owner �' D-4 �C � � �F , as herein provided and the damage incurred through the Contractors fault shall be certified by the OWNER. In the event of termination of Contract before completion o the work due to abandonment of the project or discontinuance thereof, the Contractor will b paid in proportion to the work completed and in progress as per scope of work described i the drawings and Speciiications and in accordance with the unit price schedule. � a� D-13 Project Clean up: The Contractor shall be aware that keeping the project site in�a neat and orderly condition is considered an integral part of the contracted work and as suc�k shall be considered subsidiary to the appropriate bid items. Clean up wnrk shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it$is necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be lim "ted to: • Sweeping the street clean of dirt or debris � • Storing excess material in appropriate and organized m er • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept i an orderly condition, on the next estimate payment (and all subsequent payments until compl ted) of the appropriate bid item(s) will be reduced by 25%. D-14 Payment: i , Because of the unique nature of this project, C8-8.5 PARTIAL ESTIMATES AND RETAINAGE of the General Conditions shall not apply a c� shall be superseded by the following: (Please initial both pages included in change). ° "Whenever the improvements prescribed by an individual ork Order have been completed, the Contractor shall notify the Engineer. The Engineer or other appropriate official of the Owner will, within a reasonable time, perform the inspect'�ons. If such inspection reveals that the improvements are in an acceptable condition and have een completed in accordance with the terms of the Contract Documents and all approved mo ifications thereof, the Engineer will recommend acceptance of the extension under that particul r Work Order and recommend payment therefore. If the Engineer finds that the work has not been completec�'as required, he shall so advise the Contractor in writing, furnishing him an itemized list of a� known items which have not been completed or which are not in an acceptable condition. �en the Contractor has corrected all such items, he shall again notify the Engineer that the imp ovements are ready for inspection, and the Engineer shall proceed as outlined above. � Whenever the improvements prescribed by the individual �ork Order have been completed and all requirements of the Contract Documents have bee w fuliilled on the part of the Contractor, an estimate showing the value of the work wil� be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. The amount of the estimate will be paid to the contractor fter acceptance by the Water Department Director, provided the Coniractor has furnish d to the Owner satisfactory evidence of payment as follows: Prior to submission of the estimat=� for payment, the Contractor shall D-5 �k � execute an affidavit, as furnished by the City, certifying tha all persons, firms, associaXions, corporations, or other organizations furnishing labor and/o aterials under that Work Order have been paid in full, that the wage scale established by th City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages . � The acceptance by the Contractor of the individual paymen��as aforesaid shall operate as and shall release the Owners from all claims or liabilities under �he Contract for anything done or furnished or relating to the work under that Work Order or ny act or neglect of said City relating to or connected with the Contract. ,� The making of the payment by the Owner shall not relieve he Contractor of any guarantees or other requirements of the Contract Documents which speci cally continue thereafter. " .� Bidder's Initials � D-15 Worker's Compensation Insurance: A: Contractor's Worker's Compensation Insurance. Contr ctor agrees to provide to the Owner (City) a certificate showing that it has obtained a palicy of workers compensation insurance covering each of its employees employed on the 'roject in compliance with state law. No Notice to Proceed will be issued until the Contra or has complied with this section. B: Subcontractor's Worker's Compensation Insurance. C ntractor agrees to require each and every subcontractor who will perform work on the project o provide to it a certificate from such subcontractor stating that the subcontractor has a poli; y 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 ce tificate has been acquired. Contractor shall provide a copy of all such certificate to th Owner (City). � C. Workers Compensation Insurance Coverage 1. Definitions: Certificate of coverage ("certiiicate"). A copy of a ce ificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' ompensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-8� , 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 be�ginning of the work on the project until the contractor's/person's work on the project has,tbeen completed and accepted by the City. Persons rovidin services on the ro'ect "subcontrac�or" in section 406.096)-includes all P g P J � persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that per�� on contracted directly with the contractor and regardless of whether that person has eYnployees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or em�loyees of any entity which furnishes D-6 ;� persons to provide services on the project. "Services;' i�clude, without limitation, providing, hauling, or delivering equipment or materials�, or providing labor, transportation, or other services related to a project. "�rvices" does not include activities unrelated to the project, such as food/beverage vendors �office supply deliveries, and delivery of portable toilets. � 2. The contractor shall pravide coverage, based on proper ' eporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) fo,r all employees of the contractor providing services of the project, for the duration of the pr 'ect. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. � � �. 4. If the coverage period shown on the contractor s curren� certificate of coverage ends during the duration of the project, the contractor must, prior to th' end of the coverage period, file a new certificate of coverage with the City showing that cov age has been extended. � 5. The contractor shall obtain from each person providing services on a project, and provide to the City: �� (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates o'coverage showing coverage for all persons providing services on the project; and � (b) no later than seven days after receipt by the co tractor, a new certificate of coverage showing extension of coverage, if the co� rage period shown on the current certi�cate of coverage ends during the duration of �e project. 6. The contractor shall retain all required certificates of c�verage for the duration of the project and for one year thereafter. 7. The contractor shall notify the City in writing by certiiied mail or personal delivery, within ten (10) days after the contractor knew or should have knci�vn, of any change that materially affects the provision of coverage of any person providing �ervices on the project. 8. The contractor shall post on each project site a notice,� n the text, form and manner prescribed by the Texas Worker's Compensation Commis�ion, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. �� 9. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: � � ' (a) provide coverage, based on proper reporting o the classification codes and payroll amounts and filing of any coverage agreements, w ich meets the statutory requirements of Texas labor Code, Section.401.0,11(44) for all Mf its employees providing services on the project, for the duration of the project; D-7 (b) provide to ihe contractor, prior to that person be inning work on the project, a certificate of coverage showing that coverage is bein provided for all employees of the person providing services on tlie project, for the dur� ion of the project; (c) provide the contractor, prior to the end of the c verage period, a new certificate of coverage showing extension of coverage, if the cove ge period shown on the current certificate of coverage ends during the duration of th project; (d) obtain from each other person with whom it co ° racts, and provide to the contractor: (1) a certi�cate of coverage, prior to the other person beginning work on the project; and � � � 2 a new certificate of covera e showin ex�ension of covera e rior to the () g g g,P . end of the coverage period, if the coverage p riod shown on the current certificate of coverage ends during the durati � n of the project; (e) retain all required certiiicates of coverage on iile for the duration of the project and for one year thereafter. 4, (fl notify the City in writing by certified mail or pe��sonal delivery, within ten (10) days after the person knew or should have known, � any change that materially affects the provision of coverage of any person providing s`rvices on the project; and (g) contractually require each person with whom it„ ontracts, 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 �ovided a certificate of covera e, P g the contractor is representing to the City that all employees of the contractor who will provide services on the project will be covered by worker's compe sation coverage for the duration of the project, that the coverage will be based on proper repo ing of classiiication codes and payroll amounts, and that all coverage agreements will be iled with the appropriate insurance carrier or, in the case of a self-insured, with the Texas Wo'ker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or isleading information may subject the contractor to administrative penalties, criminal penaltie , civil penalties or other civil actions . 11. The contractor's failure to comply with any of these p ovisions is a breach of contract by the contractor which entitles the City to declare the contra �, void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. D. Posting of Required Worker's Cornpensation Coverage The contractor shall post a notice on each project site informing all persons providing servic s on the project that they are required to be covered, and stating how a person may veri current coverage and report failure to provide coverage. This notice does not satisfy ot er posting requirements imposed by the Texas Worker's Compensation Act or other Texas Wo ker's Compensation Commission rules. This notice m�tst be printed with a title in at least 3� point bold type and text in at least � • ,19 point normal type, and shall be in both English and Spantsh and any other language common to the worker population. The text for the notices �shall be the following text, without any additional words or changes: �, REQUIRED WORKER'S COMPENSATION COVERAG � "The law requires that each person working on this site or roviding services related to this construction project must be covered by worker's compens� ion insurance. This includes persons providing, hauling, or delivering equipment or mat rials, or providing labor or transportation or other service related to the project, regard ss of the identity of their employer or status as an employee" . "Call the Texas Worker's Compensation Commission at 51��440-3789 to receive information on the legal requirement for coverage, to verify whether yo r employer has provided the required coverage, or to report an employer's failure to pro�vide coverage" . „ D-16 Wa�e Rates: ` The labor classification and minimum wage rates set forth 'erein have been predetermined by the City Council of the City of Fort Worth, Texas, in acco ance with statutory requirements, as being the prevailing classifications and rates that shall go�ern on all work performed by the Contractor or any sub-contractor on the site of the project covered by these Contract Documents. In no event shall be less than the following rates of wages be paid (Attached). D-17 Safet.y Restrictions — Work Near Hi�h Volta�e Li�es: The followin rocedures gP will be followed regarding the subject item on this contract�� A warning sign not less than five inches by seven inch'�s, painted yellow with black letters that are legible at twelve feet shall be placed in de and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile dri �ers, hoisting equipment or similar apparatus. The warning sign shall read as follows: p "WARNING - UNLAWFUL TO OPERATE THIS � QUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." � 2: Equipment that may be operated within ten feet of high voltage lines shall have insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections. � 3. When necessar to work within six feet of hi h volta � electric lines notification shall Y g � , be given the Power Company (Texas Utility Electric) who will erect temporary mechanical barriers, de-energize the lines, or raise or�lower the lines. The work done by the Power Company shall not be at the expense of the ity of Fort Worth. The notifying department shall maintain an accurate log of all such lls to Texas Utility. Electric, and shall record action taken in each case. �, 4. The Contractor is required to make arrangements witY� the Texas Electric Service company for the temporary relocation or raising of hi�h voltage lines at the Contractor's sole cost and expense. p �r � • � 5. No person shall work within six feet of a high voltage ine without protection having been taken as outlined in Paragraph (3). � D-18 Existin� Utilities: i The CONTRACTOR shall be responsible for verifying the ocations of and protecting all existing utilities, service lines, or other property crossed or xposed by his operations. CONTRACTOR shall make all necessary provisions for thE support, protection, relocation, and or temporary relocation of all utility poles, gas lines, te�ephone cables, utility services, water mains, sanitary sewer lines, electrical cables, draina pipes, and any other utilities and structures both above and below ground during operations. � he CONTRACTOR is liable for all damages done to such existing facilities as a result of his• operations and any and all costs incurred for the protection and/or temporary relocation of �ch facilities shall be subsidiary to the contract amount. NO ADDITIONAL COMPENSATIO WILL BE ALLOWED. Where existing utilities or service lines are cut, broken or c�amaged, the CONTRACTOR shall replace or repair the utilities or service lines with the `ame type of original material and construction or better unless otherwise shown or noted on e plans, at his own cost and expense. The CONTRACTOR shall immediately notify th ; OWNER of the damaged utility or service line. He shall cooperate with the Owners of all utilities to locate existing underground facilities and notify the OWNER at once of a�'y conflicts in grades and , alignments. � In case it is necessary to change or move the property of a y owner of a public utility, such property shall not be moved or interfered with until ordere to do so by the OWNER. The right is reserved to the Owner of public utilities to enter u�n the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. � ` �F D-19 Traffic Control: �� It shall be the responsibility of the CONTRACTOR to pro�ide traffic control during construction as set forth in the General Contract Documen and in accordance with the Traffic Control Handbook for Construction and Maintena �e Work Areas: City of Fort Worth, Texas, dated February 1979, and also in accordan e with the following additional requirements: ; 1. The Contractor's attention is directed to Part C, Gene �al Conditions, Section C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBIL Y, paragraph C6-6.8 BARRACADES, WARNINGS AND WATCHMEN, `° hich requires that the CONTRACTOR shall furnish barricades, flares, etc. ,�or the protection of the public and the work. 2. The cost of the traffic control shall be included in the rice bid for other items as bid in the Proposal, and no other compensation will be allo ed. When work activities are located in or near state right-of- ay the CONTRACTOR shall comply with all applicable Texas Department of Transpo ��tion regulations. $! D-20 Construction Time Restrictions: Work shall not be performed on certain locations/streets uring "peak traffic periods" as D-10 �� . determined by the city traffic engineer and in�accordance ��th the applicable provision of the "City of Fort Worth Traffic Control Handbook for Constnt�tion and Maintenance Work Areas" . Though traffic control is site specific, peak traffic hours normally are from 7 to 9 A.M. and from 4 to 6 P.M. Peak hours will also be whet� 'rrivals and departures are being made in front of schools. There are other areas where tim limits may be imposed due to certain businesses or hospitals. � D-21 Barricades, Warnin�s and Fla�men: ° Reference Part C, General Conditions, Section C6-6 LEG�,�L RELATIONS AND PUBLIC RESPONSIBILTY, paragraph C6-6.8 BARRICADES. W�NRNINGS AND WATCHMEN. o. 1. Wherever the Word Watchmen appears in this paragra'ph, it shall be changed to the word Flagmen. 2. In the iirst paragra 1i lines iive (5) and six (6) chan e�e hrase take all such other P g ,. P precautionary measures to "take all reasonable necessary measures." :' D-22 Protection of Trees, Plants, and Soils: All property along and adjacent to the CONTRACTOR'S' operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. ' B ordinance the CONTRACTOR must obtain a ermit f�� m the Ci F e te e y , p n ty or s r b fore any work (trimming. removal. or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alle,�s. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work sh 1 be in compliance with pruning standards for Class II Pruning as described by the Nationa Arborist Association. A copy of these standards can be obtained by calling the above numb r. Any damage to public trees due to negligence by the CONTRACTOR shall be assessed us. �g the current formula for Shade Tree Evaluation as defined by the International Society of rboriculture. Payment for negligent damage to public trees shall be made to the City f Fort Worth and may be withheld from funds due the CONTRACTOR by the City. . D-23 Contractor's Responsibility for Dama�e Claims.� Reference Part C, General Conditions, Section C6-6 LEGM L RELATIONS AND PUBLIC RESPONSIBILTY, delete paragraph C6-6.12 "CONTRA�TOR'S RESPONSABILTY FOR DAMAGE CLAIMS" in its entirety, and replace with the'�following: ; Contractor covenants and agrees to indemnify City's engi eer and architect, and their personnel at the project site for Contractor's sole neglige e. In addition, Contractor covenants and agrees to indemnify, hold harmless and de nd, 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, rising out of, or alleged to arise out of, the work and services to be performed hereunder by nntractor, its officers, agents, employees, subcontractors, licensees or invitees, whether r not any such injury, dama�e or death is caused, in whole or in part, by the negli�ence or alle�ed ne�li�ence of Owner, its o f ficers, servants, or employees. Contractor likewise co ' enants and agrees to indemnify and hold harmless the Owner from and against any and all inj ries to Owner's officers, servants D-11 � � a , and employees and any damage, loss or destruction to prop��rty of the Owner arising from the performance of any of the terms and conditions of this Con�act, whether or not any such iniury or dama�e is caused in whole or in part by the negl �ence or alleged negli�ence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages a� inst the Contractor or its subcontractors prior to final payment, final payment shall r� t be made until �Contractor either (a) submits to Owner satisfactory evidence that the claim ha been settled and/or a release from the claimant involved, or (b} provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the ins irance carrier. The Director may, if he deems it appropriate, refuse to acc �pt bids on other Cit of Fort �� Y Worth public work from a Contractor against whom a clairii for damages is outstanding. as a result of work performed under a City Contract. D-24 Site Preparation: � The Contractor shall clear rights-of-way or easements of o struction which must be removed to make possible proper prosecution of the work as a part ¢ this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements, page C6.-6(4), part C- General Conditions of the Water Department General Contract Document and General Specifications. �, Clearing and restoration shall be considered as incidental �t�� construction and all costs incurred will be considered to be included in the Linear Foot price o�f the pipe. D-25 Site Restoration: The contractor shall be responsible for restoring the site to �riginal grade and condition after completion of his operations subject to approval of the OV� vER. D-26 Bid Quantities: Bid quantities of the various items in the proposal are for "�mparison only and may not reflect the actual quantities (see Part C, General Condition , Section C2-2 INTERPRETATION AND PREPARATION OF PROPO L, paragraph C2-2.2 INTERPRETATION OF QUANTITIES and Section C4-4 COPE OF WORK, paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES). 1rVloreover, there is to be no limit on the variations between the estimated quantities shown a�d the actnal quantities performed or used. D-27 Explanation of Bid Items: � The total scope of work for this job has been separated int several bid items as shown in the Proposal. All materials and workmanship necessary to furnish a complete and functional job, whether shown, included or implied in the construction pl�ns and/or specifications, shall be supplied in this contract. The Contractor shall include the �ost for all miscellaneous and subsidiary work not specifically mentioned in the Proposa in the various bid prices. D-2$ Submission of Bids: The proposal sections of this special contract document ar� arranged to allow the OWNER to make payment based on pipe lined and bid quantities used J° If the Contractor does not bid on all items, the bid will be considered as "non-responsive" f�d will be rejected by the Water � ., D-12 ' , Department. D-29 Contract Time: The term of this contract shall be for one (1) year from the date of its execution or expenditure of $250,000 whichever occurs first. It is furth��r agreed that the terms of this contract shall expire one calendar year from the date of execution of the contract's Work Order but will in no case exceed $250,000 including all ch�nge orders. � 1' If at the end of the year the City does not exercise its optiQn to renew (see Part D, Special Condition, paragraph D-30 OPTION TO RENEW) the Co'tractor will have twenty-one (21) addition calendar days to complete work already ordered a d fifteen (15) additional calendar days to bill for a total of thirty-six (36) days after contract termination to complete and bill work. g �� D-30 Option to Renew: The City has the right to renew this contract for three (3) �ne year terms/expenditures of $250,000 under the same terms, conditions, and unit pricek. The City shall give at least sixty (60) days notice prior to the expiration of one year from e date of execution of this contract or of an option period or a like notice ai such time as ther� is less than $20,000 left unexpended. � D-31 Work Order Completion Time: �� The time of completion of each individual work order in an essential element of this contract. Each work order issued will have the maximum allowed n}�umber of calendar days allowed for the completion of that specific work. �� 'k The number of calendar days specified will be calculated �s follows: The total estimated cost per work order divided by 4000 �ounded up) + 15 calendar days = Number of calendar days allowed for the completion of the work order. Should the contractor fail to complete an individual work��rder in the given amount of calendar days as specified on each individual work order,, liquidated damage charges as prescribed in Part C- General Conditions C7-7.10 Time 'f Completion will be subtracted from the final pay estimate of that particular work order. he estimated amount for each particular work order will be used for determining the amount of damages charged per calendar day of time exceeding the specified amount. o' D-32 Coordination with Fort Worth at D �� W er epartment: During the construction of this project, it wiYl be necessa � to deactivate, for a period of time, existing lines. The Contractor shall be required to coordi ate with the Water Department to determine the best times for deactivating and activating those lines. � D-33 Substitutions: ' �� The speciiications for materials set out the minimum staridard of quality which the City � believes necessary to procure a satisfactory project. No s�Zbstitutions will be permitted until the Contractor has received written permission of the Engi material which has been specified. Where the term "or it is understood that if a material, product, or piece of to make a substitution for the .l," or "or approved equal" is used, ►ment bearing the name so used is D-13 furnished it will be approvable, as the particular trade nam ' was used for the purpose of establishing a standard of quality acceptable to the City. If product of any other name is proposed for use, the Engineer's approval thereof must be btained before the proposed substitute is procured by the Contractor. Where the term "or equal, " or "or approved equal" is not used in the specifications, this does not necessarily e°clt�de alternative items or material or equipment which may accomplish the intended purpose. � owever, the Contractor shall have the full responsibility of proving that the proposed substitu��on is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related _to "Substitutions" shall be applicable to all sections of these specifications. � D-34 Assistance b.y Owner: It is distinctly understood and agreed that such assistance a the OWNER may render to the CONTRAC�'OR in connection with the interpretation of d' wings and Specifications shall not relieve the CONTRACTOR from any responsibility for th �work. Any, work proved faulty shall be made right by the CONTRACTOR without delay.,2he failure of the OWNER or his inspectors to call the CONTRACTOR'S attention to faulty�work or work done which is not in accordance with Drawings and Specifications shall not pre �ent the OWNER from insisting the CONTRACTOR make all work right. � The OWNER'S representative should work in concert to represent the intentions of the City of Fort Worth Water Department. CONTRACTOR shall `nform OWNER of the interpretations and explanations of specifications provided y OWNER. CONTRACTOR shall not knowingly withhold such information for the pu ose of receiving a more favorable interpretation. D-35 Disposal of Spoil/Fill Material: Prior to the disposing of any spoil/fill material, the contra tor shall advise the Director of the Department of Engineering, acting as the City of Fort Wo th's Flood Plain Administrator ("Administrator"), of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material un il the proposed sites have been determined by the Administrator to meet the requirements f the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 11517). All disposal ��ites 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 necessa �y 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 dministrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permi authorizing fill within the flood plain. Any expenses associated with obtaining the fill perrnit, including any necessary engineering studies, shall be at contractors' expense. In t e event that the contractor disposes of spoil/fill material at a site without a fill permit or a lett r from the Administrator approving the disposal site, upon notification by the Director of the k epartment of Engineering, Contractor �shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinances of the City and this sectic��i. D-36 Dewaterin�: ; The Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the existing mains and groun' water. The Contractor shall be responsible for damage of any nature resulting from the d' watering operations. D-14 � � The DISCHARGE from any dewatering operation shall be �onducted as approved by the Engineer. Ground water shall not be discharged into sarutar� sewers. Dewatering shall be considered as incidental to a constructic',n and all costs incurred will be considered to be included in the linear foot bid price of the :=ipe. D-37 Removal of Existin� Facitities: Where the removal of existing facilities is required it shall b� the Contractor's responsibility to properly dispose of all removed pipe. This work shall be done in accordance with Section . E2-27 Removing Pipe of the General Contract Documents and Specifications. D-38 Ductile-Iron and G�ay-Iron Fittin�s: Reference Part E2 Construction Specifications, Section E2-'�. Installing Cast Iron Pipe, Fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings: the iirst Paragraph shall be revised to read as follows: � E2-7.11 DUCTILE-IRON AND GRAY-IRON FITTINGS � 11 ductile-iron and gray-iron fittings shall be furnished with cement mortar lining as stat �in Section E1-7. The price bid per ton of fittings shall be payment in full for all fittings, �o nt accessories, polyethylene wrapping, horizontal concrete blocking, vertical tie-down c ncrete blocking, and concrete cradle necessary for construction as designed. All ductile-iron and gray-iron fittings, valves and specials sl�all be wrapped with polyethylene wrapping conforming to Material Specification E1-13 and Construciton Specification E2-13. Wrapping shall preceed horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle. Payment for the polyethylene wrapping, h�rizontal concrete blocking, vertical tie-down concrete blocking and concrete cradle sha�l be included in bid items for valves and fittings and no other payment will be allowed. :� D-39 2-Inch Temporary Service Line: The 2-inch temporary service main and 3/4-inch service lin s shall be installed to provide temporary water service to all buildings that will necessaril be required to have severed water service during said work. The contractor shall be responsibi e for coordinating the schedule of the temporary service connections and permanent service r�onnections with the building owners and the Engineer in order that the work be perform�d in an expeditious manner. Severed water service must be reconnected within 2 hours �f discontinuance of service. �� A 2-inch tapping saddle and 2-inch corporation stop or 2-inCh gate valve with an appropriate fire hydrant adapter fitting shall be required at the temporary service point of connection to the City water supply. The 2-inch temporary service main and �/4-inch service lines shall be . installed in accordance to the attached figures 1, 2 and 3. 2a'� temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated �ime (HTH) prior to installation. M A two-inch meter will be furnished by the Water Departme�t 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 a�d collected by the Contractor for delivery to the Water Department Meter Shop for reconditi ning or replacement. Upon restoring permanent service, the Contractor shall re-install ;�e meters at the correct location. D-15 � The meter b�ox shall be reset as necessary to be flush with �e existing ground or as otherwise directed by the Engineer. � t 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 us d by the Contractor to determine the length of t�mporary �service allowed, number of service �aps and number of feed points. ,. When the tempor.ary service is required for more than one location the 2-inch temporary service pipes, 3/4-inch service lines and the 2-inch meter s� all be moved to the next successive project location. � Payment for work such as fittings, 3/4-inch service lines, asphalt, barricades, all service connections, removal of temporary services and all other `ssociated appurtenants required, shall be included in the appropriate bid item. D-40 Valve Cut-Ins: r� It may be necessary to cut-in gate valves to isolate the water main from which the extension and/or replacement is to be connected. This may require cl sing valves in other lines and � putting consumers out of service for that period of time ne e"ssary to cut in the new valve; the work must be expedited to the utmost and all such cut-ins F ust be coordinated with the engineer in charge of inspection. All consumers shall be individually advised prior to the shut out and advised of the approximate length of time they ma` be without service. Payment for work such as backfill, bedding, fittings, bloc ��ng and all other associated appurtenants required, shall be included in the price of the appropriate bid items. D-41 Valve Blockin�: � All valves shall have concrete blocking for support. Valv � shall have polyethylene wrapping per Material Speciiication E1-13 and Construction Specifi - tion 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 includ i in the bid price of the valve. D-42 Access Openings: The Contractor shall provide water free access hole openirigs for inspection and cement lining of pipe, per sketch Exhibit "A". The "cut-outs" shall be �eplaced with the appropriate sized water pipe joined with MJ Solid Sleeves. The location of °he Access Openings will be such that traffic congestion is minimized and inconveniences to roperty owners averted. The Unit Price bid for the Access Openings shall include the necess ry shoring materials and all other materials, equipment, and labor required to construct the Access Openings. The Unit Price bid for the Access Openings includes the materials, equip ent, and labor necessary for permanent pavernent repair. Refer to Special Condition � 48 Pavement Repair and Trench Repair Details Figures 1 through 5. The Contractor must ubmit details showing the location of proposed access openings along with details showing 2-inch temporary water service to the inspector for approval by the owner. The City also reser�s the right to require additional access openings for the purpose of quality control. � D-43 Cleaning of Water Pipe: " The interior surfaces of the pipe shall be cleaned by methods approved by the City to remove corrosion products; chemical or other deposits; loose and eteriorated remains of old lining D-16 � . materials; oil; grease; and accumulations of water, dirt, a� debris. After the pipe has been cleaned, the contractor must have approval from the City b ore beginning the lining of the pipe with cement-mortar. Immediately before the lining m hine travels through the pipe, all foreign material shall be removed. This includes sand and �oose mortar that might have accumulated since the cleaning of the pipe was completed: '�11 costs incurred by the Contractor associated with the cleaning of the pipe shall be �onsidered to be included in the linear foot bid price of the cement-lining. � . � D-44 Cement Linin� of Water Pipe � The Contractor shall be responsible for the cement lining of the existing water line. All work shall be in conformance with AWWA C602-95. The linin ' shall be accomplished by a machine that progresses uniformly through the pipe and ap ies cement-mortar against the pipe surfaces. The City may request samples of lined pipe at ari� point during the cement lining process for the purpose of quality control. µ All work shall be performed by trained personnel under th ' supervision of experienced persons skilled in the application of cement-mortar lining to pipelin s in place. The Contractor's equipment for cleaning and applying cem�nt-mortar in the pipe and for curing the cement-mortar lining shall be so designed and '�nufactured and in such a condition as to permit the workers to follow the procedure and obtai ' the results prescribed for this project. Materials for Construction ' � Portland cement shall conform to the requireme�ts of ASTM C 150 for type I or type II cement. F �Pozzolanic material shall consist of siliceous or . combination of siliceous and aluminous material in a finely divided form that� in the presence of moisture will react with calcium hydroxide, at ordinary temperature, to form compounds possessing cementing properties. Pozzolanic material shall fulfill the requirements of ASTM C618. (c) To improve workability, density, and strength i the mortar, admixtures conforming to ASTM C494 may be used at the ption of the Contractor, provided that the ratio of admixture to portland cement does not exceed that used in the qualification tests of ASTM C494. No admix �'`es shall be used that would have a deleterious effect on potable water flowing in tYi: pipe after the lining has been placed. � (d) Sand shall consist of inert granular material. Tl�e grains shall be strong, durable, and uncoated. The sand shall be well graded a d shall pass a No. 16 mesh screen, with not more than 5 percent passing a US Sta ��ard Sieve No. 100. (For screen and sieve sizes, refer to ASTM E11.) � (e) Deleterious substances in sand. Sand shall be c�`,: an. The total combined weight of dust, clay, loam, lumps, shale, soft or flaky particles, mica, oil, alkali, and other deleterious substances shall not exceed 3 percer�t of the total combined weight of the deleterious substances and the sand containing em. In addition, the following limitations shall apply to specific substances: � Substance Maximum Allowable Percentage by V�eight G � � D-17 � � Shale 1 � � Clay lumps Mica and deleterious 2 substances other than shale and clay lumps ( fl Sand shall not show a color value darker than th "reference standard color solution" prepared as required in ASTM C40. - (g) Water for mixing mortar shall be clean and free f mud, oil, and injurious amounts of organic material or other deleterious substances. Potable water shall be used. . � �General Cement-Mortar Lining Design (a) Mortar for the lining shall be composed of cem� t, sand, and water that have been well mixed and are of such consistency as to produce a dens, homogeneous lining. (b) The approximate proportions of cement and san' in the mortar for the lining shall be 1 part of portland cement of 1-1 'h parts of s nd by volume. The exact proportions shall be determined by the characte �stics of the sand used. Pozzolanic material, if used, shall be substituted for a part of the portland cement in a proportion of approximately 1 part pozzolanic '`aterial to 5 parts portland cement by volume. Admixtures, if used, shall be used i strict compliance with the manufacturer's printed recommendations. � (c) The water content shall be the minimum quantity that produces a workable mixture, with full allowance made for moisture collectio ` on the interior of the pipe surfaces. Slump tests should be made periodic ly on freshly mixed mortar immediately before the mortar is conveyed to � lining machine. The tests shall be made in accordance with ANSI/ASTM C14 . Nominal slumps of cement-mortar mixes for application of linings are indicated in Figures 1 and 2 of AWWA C602- 95. �° � (d) Mortar shall be mixed long enough to obtain m�ximum plasticity. The mortar shall be used before imtial set. (e) The thickness of the cement-mortar shall not be less than 3/16" without prior approval by owner. �� Procedure The lining shall be applied in one or more course by a machine traveling through the pipe and distributing the mortar uniformly across t Ye full section and long radius bends of the pipe. The discharge shall be from the rear the machine so that the newly applied mortar will not be marked. The rate of tra el of the machine and the rate of mortar discharge shall be mechanically regulated t � produce a smooth surface and � uniform thickness throughout. The mortar shall b densely packed and adhere wherever applied; there shall be no injurious rebo �nd. After the mortar lining has been placed, but before it takes final set, service connec�ions shall be cleared by backflushing with air. The backflushing shall be accomplished in a manner that will not damage the freshly applied lining. �, �� Cu-� . D-18 �C i The Contractor shall be responsible for curing the c' ent-mortar lining until the � section is filled with water by the City, or until the ing has been accepted by the City. Curing operations shall begin unmediately fol owing completion of the machine placement of the mortar lining in a section of pipe. �he section of pipe shall be closed with airtight covers over all openings and shall be m intained in a moist condition by the Contractor. All costs incurred by the Contractor associated with the lin�ig of pipe shall be considered to be included in the linear foot bid price of the cement-lining. i D-45 Purgin� and Sterilization of Water Lines: ' Before being placed into service all newly constructed wate�� lines shall be purged and sterilized in accordance with E2-24 of the General Contxact�Documents and Specifications except as modified herein. The City will furnish all water �qr INITIAL cleaning and � sterilization of water lines. All other materials for cons�ru �tion of �he project, including appropriately sized "pipe cleaning pigs" and chlorinated li ie (HTH) shall be furnished by the Contractor. Chlorinated lime (HTH) shall be used in suffi �ent quantities to provide a chlorine residual of fifty (50) PPM. The residual of free chlorine s all b� measured after 24 hours and shall not be less than 10 parts per million of free chlorine. � hlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary sewer not be available, chlorinated water shall be "de-chlorinated" prior to disposal. The line may not be placed in service until two successive sets of samples, taken 24 hours apart, have met�the established standards of purity. � Purging and sterilization of the water lines shall be conside-ed as incidental to the project and all costs incurred will be considered to be included in tY�e 1 ear foot bid price of the pipe. D-46 Samples and Quality Control Testin�: _ a. The Contractor shall furnish, at his own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used, and gradati�on analysis for sand and crushed stone to be used along with the name of the pit from wh�"ch the material was taken. The Contractor shall provide manufacturer's certifications fc - all manufactured items to be used in the project and will bear any expense related thereto.. b. Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement, and mortar which are to be used later in the concrete. The Contractor sh�ll provide a certified copy of the test results to the City. �� i c. Quality control testing of in-place material on this pr,oje t will be performed by the City at its own expense. Any retesting required as a result df ilure of the material to meet project speciiications will be at the expense of the Contractor a d will be billed at commercial rates as determined by the City. The failure of the City t0 m�ke any tests of materials shall in no way relieve the Contractor of his responsibility to furnish materials and equipment conforming to the requirements of the contract. � � d. Not less than 24 hours notice shall be provided to the C�ty by the Contractor for operations requiring testing. The Contractor shall provide access nd trench safety system (if required) for the site to be tested, and any work effort i� volved is deemed to be included in D-19 the unit price for the item being tested. � e. The Contractor shall provide a copy of the trip ticket for �ach load of fill material delivered to the job site. The ticket shall specify the name of the pt"t supplying the fill material. D-47 2:27 Concrete: Transportation and Public Works Department typical Sectio for Pavement and Trench Repair for Utility Cuts Fig's 1 through 5 refer to using 2:27 Concr�e as base repair. Since this call- out includes the word "concrete", the consistent interpretation of the Transportation Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. With the exception of the cement content, all otli�� requirement shall meet or exceed Transportation and Public Works Department standard spec�fication Item 406 Class D Concrete. . k D-48 Pavement Repair (E2-19): (E2-19): The unit price bid under the appropriate bid item f the proposal shall cover all cost for providing pavement repair equal to or superior in comp ition, thickness, etc., to existing pavement as detailed in the Public Works Department typic 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 outsid "'�the trench walls. The trench shall be back-filled and the top nine (9) inches shall be filled wit required materials as shown on paving details, compacted and level with the finished street urface. This finished grade shall be maintained in a serviceable condition until the paving ha: been replaced. All residents' driveways shall be accessible at night and over weekends. It has been determined by the Transportation and Public Warks Department that the strip of existing HMAC pavement between the existing gutter and t��e edge of the trench pavement repair will not hold up if such strip of existing pavement is fwo (2) feet or less in width. Therefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required t`remove the existing paving to such gutter. The pavement repair shall then be made from minimum distance of twelve (12) inches outside the trench wall nearest the center of the stree to the gutter line. The pavement shall be replaced within a maximum of fiftee (�5) calendar days, providing job placement conditions will permit re-paving. If paving cond tions are not suitable for re- paving, in the opinion of the Owner, the re-paving shall be� one at the earliest possible date. :� A permit must be obtained from the Department of Engineering's Permit Desk by the Contractor in conformation with Ordinance No. 3449 and/or Ordinance No. 792 to make utility cut in the street City Inspectors will inspect the paviri�g repair after construction of each water and/or sanitary sewer main repiacement. � D - 20 City of Fort Worth, Texas �i►�Ayor Af1d Caunc�l Cammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 11/9/99 **C-17749 601NTERIOR 1 of 2 SUBJECT APPROPRIATION ORDINAN E AND AWARD OF CONT CT TO INTERIOR PIPE LININGS, INC. FOR CEMENT-LINING AT VARIOUS LOCATIONS RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to transfer $286,924 from the Water and Sewer 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 in the amount of $286,924 from available funds; and 3. Authorize the City Manager to execute a contract with Interior Pipe Linings, Inc. in the amount of $250,000 and 365 calendar days for cement-lining at various locations. �SCUSSION: The work to be performed under this contract consists of the restoration of the interior of various sized pipes using internal cement-mortar lining. The locations to be cement-lined will be determined by the Water Department's Water Quality section. This contract is necessary to improve water pressure and water quality in the identified areas at a lower cost than replacement. The bid documents included a stipulation that the total quantities listed may not reflect actual quantities and were for bid purposes only. Actual cost will not exceed the contract amount of $250,000. Final payments will be based on actual measured quantities. Funding will be provided individually for each work order prior to its release. The bid documents also included a stipulation giving the City the option to renew this contract three times under the same terms, conditions, and unit prices. �� -�-�� This project was advertised for bid on June 24, 1999, and July 1, 1999. On July 22, 1999, the following bids were received: BIDDER B�D AMOUNT J�II AE OF COMPLETION Interior Pioe Lininct�, Inc• J. Fletcher Creamer & Son Inc $260.840 $385,000 365 Calendar Days Interior Pipe Linings, Inc. is in compliance with the City's M/WBE Ordinance by committing to 12% M/V1/BE participation. The City's goal on this project is 11 %. In addition to contract costs, $26,084 is required for the associated water construction inspection. City of Fort Worth, T��s �i►�Ayor And Caun�e�� v�mmu�r�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 11/9/99 **C-17749 601NTERIOR l 2 of 2 SUBJECT APPROPRIATION ORDINAN E AND AWARD OF CONTRACT TO INTERIOR PIPE LININGS, INC. FOR CEMENT-LINING AT VAF210US LOCATIONS FISCAL INFORMATION/C�RTIFICATION: The Finance Director certifies that upon approval and completion of recommendation 1, and the adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water Capital Project Fund. MG:k � Submitted for City Manager's Office by: Mike Groomer Originating Department Head: Lee Bradley, Jr. Additional Information Contact: Le��radley, Jr. I FUND � (to) � 1 &2) PW53 6140 I 2) PW53 2) PW53 � 8207 � (from) I1) PE45 3) PW53 � 8207 � I ACCOUNT � CENTER I AMOUNT 472045 060530175720 $286,924.00 541200 060530175720 $250,840.00 531350 060530175720 $ 26,084.00 538070 0609020 $286,924.00 � 541200 060530175720 $260,840.00 � CITY SECRETARY APPROVED ClTY COiJNClL e N 0 V 9 1999 �� '�J �ty S�etetary oi th�., City of Fort W�rth,'TeRas Adopfed Ordinanc� (V�o; �Q�