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Home My WebLink About025570 - Construction-Related - Contract - Davila Construction, Inc.�t�i�:��tY J -. � �.e�n�. �t,� e �C��TRAC�C?R'S �Ot��itJG Cti. �G��f�Tt�l1CTlON'S C�PY � ��'�' ��:.�� lNENY . - �lTY SECR�iARY � �.��,� � SPECIFICATIONS CONTR�CT Np , ; . , „ � � CONTRACT DOCUMENTS 1��7 � WATER REPLACEMENT CONTRACT 9 H PHASE I RANDOL MILL RD. FROM TRINITY CT. TO 7325 RANDOL MILL RD. SANDY LANE FROM WINTER ST. TO 7325 RANDOL MILL RD. WATER PROJECT NO.: PW53-060530175750 DOE NO.'s: 2822, 2821 �� `. , . ', , . � F ' � . � ' , .. � � � � � t'r�.� �__ .7 ... _ � � f � � �;-: KENNETH L. BARR MAYOR v!'Ci��!jll;�i�;,.�, C:'��`�:�J�.�� r ,,, r,r. ;��, �r��.�?`{u:',�� \f l� ) f?� ��n� i.� �!�-� �� .�/ �,��.fl� 1 ��Qi:.,i,`��y,�,� :,;n A. DOUGLAS RADEMAKER, P.E., DIRECTOR DEPARTMENT OF ENGINEERING BOB TERRELL CITY MANAGER PREPARED BY DEPARTM3"'��T ��' ENGINEERING ��?�� ¢ ��'��y�� • 7n ,4 �C . � . 1�Y4 • IiP49�i:i1 f1bH7� VS�lTo34 • ----------- -- . �. �,, w i City of Fort Worth, Texas Mayor and �ouncil Communication DATE REFERENCE NUMBER LOG NAME PAGE 1/4/00 **C-17805 I 3000NTRACT 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT WITH DAVILA CONSTRUCTION, INC. FOR WATER REPLACEMENT CONTRACT 99HH IN� RANDOL MILL ROAD FROM TRINITY COURT TO 7325 RANDOL MILL ROAD AND SANDY LANE FROM WINTER STREET TO 7325 RANDOL MILL ROAD . RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $165,061.25 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 Projects Fund in the amount of $165,061.25 from available funds; and 3. Authorize the City Manager to execute a contract with Davila Construction, Inc. in the amount of $147,376.25 and 50 working days for Water Replacement Contract 99HH in Randol Mill Road from Trinity Court to 7325 Randol Mill Road, and Sandy Lane from Winter Street to 7325 Randol Mill Road. � DISCUSSION: The Water Department has determined that several water lines in this neighborhood need to be extended and connected to the existing distribution system to address water quality issues. This contract is the first of two phases. This project was advertised for bid on October 14 and 21, 1999. The following bids were received on November 11, 1999. BIDDERS Davila Construction. Inc. Burleson Utilities, Inc. Ragan Excavation Jackson Construction, Inc. Mid-State Utilities, Inc. Allison-Broyles Contractors William J. Schultz, Inc. dba Circle "C" Construction Co. M. E. Burns Construction, Inc. Whizcon Utilities, Inc. AMOUNT TIME OF COMPLETION. $147,376.25 $148,686.40 $158,000.10 $159,165.00 $161,870.00 $162,063.50 $166,213.50 $172,472.50 $184,644.00 50 Working Days The low bidder, Davila Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 17% M/WBE participation. The City's goal on this project is 17%. . • ., ` ' � City of FoYt Wo�th, Texas Mayor and Counc�l Commuar�i c at i orl DATE REFERENCE NUMBER LOG NAME PAGE 1/4/00 **C-17805 3000NTRACT 2 of 2 sue�ECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT WITH DAVILA CONSTRUCTION, INC. FOR WATER REPLACEMENT CONTRACT 99HH IN� RANDOL MILL ROAD FROM TRINITY COURT TO 7325 RANDOL MILL ROAD AND SANDY LANE FROM WINTER STREET TO 7325 RANDOL MILL ROAD Contingencies for change orders are $7,369.00, and $10,316.00 for associated construction inspection and sur'vey. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendation 1 and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water Capital Projects. MG:k Submitted for City Manager's Office by: Mike Groomer Originating Department Head: A. Douglas Raclemaker I FUND � (to> 1&2) PW53 6140 2) PW53 2) PW53 � 6157 � (from) � ACCOUNT � CENTER 472045 060530175750 541200 060530175750 531350 060530175750 � AMOUNT CITY SECRETARY APPROVED 1/4/00 $165,06125 � $154,745.25 $ 10,316.00 . � ., � . . , . City of Fort Worth, Texas Mayor and Council Communication. DATE REFERENCE NUMBER LOG NAME PAGE 1/4/00 **C-17805 I 3000NTRACT I 3 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT WITH •� DAVILA CONSTRUCTION, INC. FOR WATER REPLACEMENT CONTRACT 99HH IN �RANDOL MILL ROAD FROM TRINITY COURT TO 7325 RANDOL MILL ROAD AND SANDY LANE FROM WINTER STREET TO 7325 RANDOL MILL ROAD I 1) PE45 538070 0609020 $165,061.25 � ORD. # 14049 Additional Information Contact: I 3) PW53 541200 060530175750 $147,376.25 • I � . A. Douglas Rademaker 6157 � ' � L�J � CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION � ADDENDUM NO.1 � WATER REPLACEMENT CONTRACT 99HH PHASE I RANDOL NIILL RD. FROM TRINITY CT. TO 7325 RANDOL MII�L RD. SANDY LANE FROM WINTER ST. TO 7325 RANDOL MII,L RD. � PROJECT NUMBER: PW53-060530175750 DOE NO. 2822, 2821 LJ � � � � L�J RELEASE DATE: October 21, 1999 INFORMATION TO BIDDERS: The Special Contract Documents for the above mentioned project are revised and amended as follows: 1. The title on the cover of the documents and in the notice to bidders should read Water Replacement Contract 99HH and not 98HH. Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. RECEIPT ACKNOWLEDGED: � � � u � l�l ��J A. DOUGLAS RAll MAKER, P.E. DIRECTOR, DEP TMENT OF ENGINEERiNG � B �. ��t� Y� ohn Firing, �.E. Manager, Engineering Services �!J � � � � � � � � � � � � � � � � � � � SPECIFICATIONS AND CONTRACT DOCUMENTS FOR WATER REPLACEMENT CONTR.A,CT 98HH PHASE I RANDOL MILL RD. FROM TRINITY CT, TO 7325 RANDOL MILL RD. SANDY LANE FROM WINTER ST. TO 7325 RANDOL MILL RD. WATER PROJECT NO.: PW53-060530175750 DOE NO.'s: 2822, 2821 KENNETH L. BARR MAYOR A. DOUGLAS RADEMAKER, P.E., DIRECTOR DEPARTMENT OF ENGINEERING PREPARED BY DEPARTMENT OF ENGINEERING BOB TER:RELL CITY MANAGER *5'�� c� �� . ..�...�� . : � �' ,,�. :�' y ; :� � JA�S A� D� � ,-�; : � 72735 � � :�a: LJ � � � � �J L�J l�' Lfl � � �' t� � 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.. 13. 14. TABLE OF CONTENTS Notice to Bidders Special Instructions to Bidders Part B-Proposal Minority and Women Business Enterprises Specifications Part C-General Conditions Part D-Special Conditions Pernuts/Easements Section E-Specifications Certificate of Insurance Contractor Compliance With Worker's Compensation Law Performance Bond Payment Bond Maintenance Bond Part G-Contract � (5} City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. FaiIure to comply shall render your bid non-responsive. For additional information, contact Jim Deeter, P.E. @ 871-7803. BOB TERRELL CITY NIANAGER Advertising Dates: October 14, 1999 October 21, 1999 GLORIA PEARSON CITY SECRETARY Department of Engineering A. Dougl Rademaker, Director By � John Firing, .E. Manager, Engineering Services �� I�'I '� �`�1 � NOTICE TO BIDDERS Sealed proposals for the following: WATER REPLACEMENT CONTRACT 98HH, PHASE I RANDOL MILL RD. FROM TRINTTY CT. TO 7325 RANDOL NIILL RD. SANDY LANE FROM WINTER ST. TO 7325 RANDOL NIILL RD. PROJECT NUMBERS: PW53-060530175750 ° DOE NO.'s: 2822, 2821 � Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be � received at the Purchasing Office until 1:30 P.M., Thursday, November 11, 1999 and then publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of � Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of documents will be provided to prospective bidders for a deposit of $20.00; such deposit will be refunded if the document is returned in good condition within 10 days oafter bids are opened. Additional sets may be purchased on a non-refundable basis for twenty dollars ($20.00) per set. � � L�' �I � �J �'�l l� �� Bid security is required in accordance with the Special Instructions to Bidders. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within forty-nine (49) days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department ofEngineering at (817) 871-7910. In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. THe bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received by the managing department rio later than 5:00 p.m., five � �•' 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. ' "Nonresident bi@der" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. T[�e appropriate blanks of the Proposal must be fiIled out by alI nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatical�y disqualify that bidder. � 8. PAYMENT: If the bid amount is $25,000.00 or less, the contract amount shall be paid within forty- five (45) calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges oftheir employment, discriminate against persons hecause oftheir age except on the bases of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, ►ndemnify and hold City harmless against any claims or allegations asserted by third parties or subdontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABII.TTY: In accordanca with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and wi11 defend, indemnify and hold City harmless against any claims or allegaiions asserted by third parties or subcontractors against City arising out of Contractor's andlor its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. � � �� I iJ I� L�J L�i � � I� u L�J �1 � � u L�J � � � LJ � I,,I u �L*J � u � � C� ��' ��l s� � �J L�J � I �� u SPECIAL INSTRUCTIONS TO BIDDERS 1) PREOUALIFICATION REOUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. fl Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury List, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus. 3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the contract price will be required, Reference C 3-3.7. 4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth, Texas, and as set forth in the Contract Documents must be paid on this project. �1 LJ �1 11. MINORI'TY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth � Ordinance No. 11923, as amended by Ordinance No. 13471, the City of fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City SeGretary. The bidder shall submit n the MBE/WBE IJTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD U FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening � date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. � 12. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or � files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) anci/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such � misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. � � Revised 1/27/99 � L'�J l�l �� L�J LJ !1� ,�� L�.' liJ��i.�l:M�17 ITEM APPROX. DESCRIPTION OF ITEMS WITH � LJNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) � 1. 30 L.F. 6-Inch Water Pipe *, D-28; Per Linear Foot: �� and l.p� 2. 2315 L.F. 8-Inch Water Pipe *, D-28; Per Linear Foot: �� u� and � 3. 10 L.F. 10-Inch Water Pipe *, D-28; Per Linear Foot: -��E� and p .- Dollars Cents $�,� L�b Dollars Cents $ ��,5 � Dollars Cents $ 30 � aa 4. 3 EA. 6-Inch Gate Valve w/ Cast Iron Box and Lid, D-20; Per Each: �� iss,l�i� Dollars $%D• D9 and "!% � Cents 5. 5 EA. 8-Inch Gate Valve w/ Cast Iron Box and Lid, D-20; Per Each � G7"'`� Dollars and --D — Cents $�s`�.o6 $�9�.00 $ `G D v� �� $ DO OO $ �zs� o0 , : �N� 0 � � PART B - PROPOSAL This proposal must not be removed from this book of Contract Documents. � TO: Bob Terrell City Manager Fort Worth, Texas IJ � � Fort Worth, Texas PROPOSAL FOR: The furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of approximately 2300 L.F. of 8 Inch Water Pipe arid all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: ' WATER REPLACMENT CONTRACT 99HH, PHASE I aRANDOL NIILL RD. FROM TRINITY CT. TO 7325 RANDOL MII,L RD. . ,.SANDY LANE FROM WINTER ST. TO 7325 RANDOL NIILL RD. �I � a �I L�J � � � l!'J � Water Project No. PW53-060530175750 Pursuarit to the foregoing Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and ma.terial except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the City Engineering Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: • � B-1 13. 1 EA. Relocate 1-Inch Service Meters and Meter Boxes, D-18; Per Each . /,� . . Dollars $ s. D a $ fSS�. D!� an � � Cents 14. 2 EA. Relocate 3/4-Inch Service Meters and Meter Boxes, D-18; Per Each 15. 8 16. 1 17. 50 �� Dollars $ 7�a o $ /.50 Od and `� � Cents EA. Furnish and Set Class'A', B', and 'C' Meter Boxes, D-18; Per Each � (� ��e��,�/il�i '�� Dollars and ..r� �= Cents L.S. Furnish and Lay 2-Inch Pipe and Fittings for Temporary Service, . D-25; Per Lump Sum $ /Sd•oo $��ab. bo ,�� Dollars $ lo,. DO d.DD $ li, DA�.Od arid o �' Cents � L.F. � Concrete Encasement, Per Fig.20 � D-27; Per Linear Foot: Dollars ' and �_ Cents $,� D O $ 00, O 18: 30 C.Y. Crushed Limestone, D-14; Per Cubic Yard and ,.o Dollars Cents $�0. �O` $�00�. DO ., � � a � � � � � � � � � � � � � � � � 6. 2 � , Tons Cast Iron/ Ductile Iron Fittings, D-21; Per Ton Douars an -,B .- Cents $,� f;?1�1�,1.� $��, 6G�.� 7. 3 EA. Standard Fire Hydrant, 3'-6" Bury Depth; Per Each � ��y ,��Dollars . . and ._p �- Cents $��D�.P�l> $ ��-� 8. 6 L.F. Fire Hydrant Bbl. Extension Per Linear Foot: �� Dollazs and —�-- Cents $ /I1�Dd $�o �� 9. 1. EA. Remove Existing Fire Hydrant, D-19; Per Each Dollars and --a� -- Cents � $�� l $ 3d A aa 10. 8 EA. 1-Inch Service Taps to main, D-18; Per Each � �� /��'��Jy�_ _Dollars and �� ` Cents $ /��"l� $ /� IJm o0 11. 170 L.F. Install 1-Inch Copper Service From Main to Five (5) Feet Behind the Meter, D-18; Per Lineaz Foot: . Dollars $��iDD and -- �9 �- Cents 12. 5 L.F. Insta113/4-Inch Copper Service From Main to Five (5) Feet Behind the Meter, D-18; Per Linear Foot: � _ Dollars $ /�j%� and --a -- Cents : ,, � r • i $ 7'O, Dd � -�/y7, 3?�.�s� TOTAL AMOUNT BID $ ✓ ' � *Type of Pipe Used/ PVC DR-14: f� DIP Class 51: :. a 0 � � � � � !l �I � �I � � � � M 1 r � 19. 10 C.Y. Class 'B' Concrete (2500#) Per Cubic Yard �- � Dollars and .,p ` Cents $�D,l Z� $�� d O 20. 10 C.Y. Class'E' Concrete (1500#) Per Cubic Yard ��U � Dollars � and O Cents $ �D. Od $ ��. �D 21. 135 L.F. 22. 135 L.F Trench Safety System, D-17; Per Linear Foot: and --f�•- Dollars Cents $�-d� Extra Depth of Water Mains, Per I,ineaz Foot: �,•r,.� Dollars and -- v � Cents _ $ /, Da $6`aa $ /�5` �d 23. 2010 L.F. Min 2-Inch HMAC on 2:27 Concrete Base, Fig. 4, � �. D-15, D-16; Per Lineaz Foot: . P�' �1.�� Dollars $ ��'t�� and �-�-�- �,�� Cents 24. 90 L.F. Asphalt Pavement Repair, D-43; Per Linear Foot: �� C � Dollars and -o Cents . $�8 �D 25. 85 S.Y. Temporary Access Road, 6" Flex Base, Per Square Yazd: Dollars and D►�� Cents � �. ��;� $� . $�,�s-�•do � `�: I(we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1(Initials)�� Addendum No. 3(Initialsl Addendum No. 2(Initials) Addendum No. 4(Initials) Respectfully submitted, V �i��//G� G��tlS �UG�oy� /yL. By: � Title v��G � �ddress 3�zs` a��La ,c,�' �/,e� Tex 7G/r .� Telephone: �/ 7�-l0 5��` �q�8 (Seal) Date: .•�' , � ,� � • - .. 1��/� 99 .. � � � l�J � l�J C�J � � PART B - PROPOSAL (Cont.) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. � • The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work :p order, and to complete the contract within 50 working days after beginning construction as set forth in the written work order to be fiirnished by the Owner.- � (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of L�J lJ C � � � Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. ` :'� , �B. The principal place of business of our company or our pazent �ompany ox � majority owner is in the State of Texas. � , :- 6 � L y_, _ �v I�I L�',I� � I�I L.! u � � � ATTACHMENT 9A � Page 1 of 2 � cify of Fori wortn � '- Minority and Women Business :Enterprise Specifications � � . . .'" . . � MBE/WBEhUTILiZAT� N� U��T �F � . , . - :. ,. ,.: . L1:�31NEE�IN�/CFi�! Davila Construction Inc. : � `'_�T�v,�b�� 1�1� ��9i . PRIME COMPANY NAME < � � , � Bl�fhiA4f�l1J i WatPr RP�.l�cement �.AHH phasP r �- . pw5�-Oh�5��17575� PROJECT NAME . . PROJECi NUMBER . ' � CCfY'S M/VYBE PROJECT GOAL: •� �� , _ I I M/WBE PERCENTAGE ACHIEVED: � � . . , , � d°' . . . ', ' �, � � , • , ' Failure to comptete this,form, in its enti�ety.with supporting d,ocumentat`ion, and, received by the Managing Departrrient on.or befo�e�.5:00 p.m five�(5) City business;days after bid opening`, exclusive_of bid opening"date, wili result in the bid . ., ., �� .. . , :, . being considere'd non-responsive to��bid speci�cations. , . �' , : ,,,, � , . " � � �• � • - - - • � - � � � �. .. . ,, �.. ,. � . . .. . . ., . . , , . , • „ . � , _ . . :... .� , . . . , ....,:.- , . ,-. ' � . . The undersi,gned bidder.a�grees to enterinto a formal a�_reement ,with the_ MBE�and/or WBE firins. for work listed in this schedule,-,conditioned 'upon, execution °of a contract ytirith tfie :City, o'f �ort vSiortti.. The ;ntentional and/or knowing misrepresentation of facts„is grounds for�consideration,af disquali�cation and wili rgsult in th'e.bid �being considered non-respon'sive #o speci�ications � . � . � . , �. � - � - � ' � � � � � � , . . . . . . .. ., ... . . . ._..._ :� .... .. . . . .... . . . .. . � ' ,. X , �� . . . ';.. . : ..,�. ~-: � . . . .'_. .: . : .., Com.pany Name, �ori�act NarYie, � Certified�:� � SpQcify All Contracting .: � Specify Alt ltems to be : Dollar Amount `Acldress, antl Telep�orie No. � � Q : .. � � � �`'Scope of.Yllork {�"}"::- : � •.Supplied(') � ,�,_ � � � � � , • ' . U pp . . � . . � :. m , � , . . ,U K � ' , . • � � �. ' N � � . Z r ` . •. ' � . .. � t � 'q , . . ' . y • ' .. , . .. ' McCatilPv�°�fiir't'��=�:-�-_ � 20 Sprin-� -O�a�k�s� :Rd:��- Burleson Texas 7�6028" � � S�hav� McCaulev �r�: � : � .( 817 )- 478-03'84•: . , - .�. A3�.�� Pprp.�'� C'i��ristri�� ' � �� P . 0 . � B�ox �64 �,. . �1` ,,,` . . X �;rowl�v� �Ta�aG �7h(l�F, Israe�l Rodrigue_z::...�,_. ($17) 829�-3105 �- � . �E . _: Sand, Gravel and lst $7,�,�500.°00 ' ' Hati�ling . ., . , ' . � Underground �-��. _ lst $18,000.00 •• Utility � . � � � � MIWBEs must be iocated in the 9{nine) county marfcetplace or curr�nUy doing hnstness in the marfcetplace at the time of bid. � �I(') Specify all areas in which MWSE's are to be utilized and/or items to be suppiied: ' � ('} A complete listing of items to be supptied is required in order to receive credit toward the M/WBE qoaL __ _ (") Identify each Tier level. - Tier: Means the level of subcontracting below the prime contractorlconsuttant, i.e., a direct payment � . . from the �prime contractor to a subcontractor Fs considered 1" tier, a payment by a subcontractor to its supplier is coruidered 2"° tier. L�J � � � '� _ 7HIS FORM MUS7 BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m.� FIVE (5) CITY BUSINESS DAYS AFTER BID � �� . OPENING, EXCLUSIVE OF THE 81D OPENING DATE • . . � . . . . • Rev.6/7198 .: •Pages 1 and 2 of Attachment 1A must be received by'the Managing Department r^'^ .-ej�llMvf7�r� �• �r. .� �' .��'�� Page 2 of 2 � . , - % �� '�„��,.� • : : ReOised 6/2/98 . City of Fort Worth i* Y�:� % �'� ��.�r s� �s'`�` ��;. � i� c.�'1� 'S�= :.,� . � Minority and Women Business Enterprise Specificat�or�s � r'�� , ,� n MBE and WBE�UTILIZATION FORM ~��w'��k" �'` �' �"�' L.� . �,_,�.,� ` �; �;�, _ •X:�7�,�'{'�3 ;y5 t." , . W. �;M ^ ...p:,,- Mb,rr� ; � , � y,K Company Name, Contact Name, Certified Specify All Contracting SpecIfy All ttems to be� �- Dollar Amount t t- Address, and Tele hone No. ..Sco e of Work * Su lled * � v- ��`'�='�='�- - �: p . P . _i ) PP . ..� � d � .. -;��r� � - �>•� . ' �., ' , � . E' • . . '. .s � s'�� . �', '"':' � E � • � ' � , � OA � . ' � . .. . �.. � � � . . . � .� � ' . � . .' .. . ... .:. . � .' . � : ' �� n. � � ��' '�' � � .' � � . �. � � .� ' ' .. 1.�,�. � - ' � . . . � . . ', � . � �.� ' . � � � - � . a� � � . �. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding � actuai work performed by all subcontractors, inciuding MBE(s) andlor WBE(s) arrangements submitted with this bid. The bidder also agrees to ailow an audit andlor examination of any books, records, and files held by their company that will substantiate the actuai work pertormed by the MBE(s) andlor 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. . ALL MBE(s) and WBE(s) MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD � , . . . �(� , Alma C. Davila uthorized Signature Printed Signature 4 Vice-president � Title . Contact Name and Title (if different) a'vi 1� C:nnstrLct-i on In,c. (R1 7i Fi54—A�14R � . Company ame Yelephone ��umber(s) 3325 Pan�ola.Ave. , (817) 535-8034 �Address Fax Number ,� __Fart�:Wor�th, Texas 76103 November 18, 1999 CitylState2ip Code Date � THIS FORM MUS7 BE RECEIVED BY THE MANAGING DEPAR7MENT BY 5:00 p.m., FNE (�) CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE � Pages 1 and 2 of Attachment 1A must be received by the Managing Department _ Part B, Unit 1 MIWBE 1-3 � - _ _ . --- --�----------------_. - --- - . . ►_� . - - - , ._ ._ --� - - C2-2.7 Delivery of Proposal C2-2.8 Withdrawing Pzoposals C2-2.9 Telegzaphic Modification of Proposals C2-2.10 Publie Opening of Pzoposal C2-2.11 Irzegulaz 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 £J�CIITION OF DOCUMENTS Consideration of Pzoposals Minozity Business Enterpise Women-Owned Business Entezprise compliance Equal Employment Prcvisions Withdrawal of Proposals l�wazd of Contzact ' Return of Proposal Securities Bonds Execution of Contzact Failure to Exeeute Contract Beqinninq Wozk Insurance Contractor'c Obliqations Weekly Payzoll Contzactor's Contract Administration Venue C4-� SCOPE OF WORlC C�-4.1 Intent of Contract Documents C4-4.2 Special Pzovisions C4-4.3 Inczeased or Decreased Quantities C4-4.4 Alteration of Contract Documents C4-4.5 Extza i9ork C�-4.6 Schedule of Operatfons C4-4.7 Progress Schedule� foz Water and Sewer Plant Facilities CS-5 CONTROL OF iqOR1C AND lS�TERZ�LS CS-5.1 Authority of Engineez CS-5.2 Conformity Nith Plans C5-5.3 Coordination of Contract Documents CS-5.4 Cooperation of Contraetor CS-5.5 Emerqency and/oz Rectificatioa Work CS-5.6 Field Office CS-5.7 Construction Stakes CS-5.8 Authozity and Duties of Inspectors CS-5.9 Inspection CS-5.10 Removal of Defective and Dnauthorized CS-5.11 Substitute Materials or 8quipment C5-5.12 Sa�ples and Tests of Materials CS-5.13 Storage of Materials � CS-5.1� Existing Structures and �tilities CS-5.15 :nterzuption of Service CS-5.16 Mutual Responsibility of Coatractors CS-5.17 Cleanup CS-5.18 Final Inspection C2-2 (4) G2-2 (4) �r�� 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 tl) (1) (2) �2l (2) t2) t4) (4) (4) (4) (7) (7) (7) (8) C�-4 C4-4 C� -4 C4-4 C�-� C4-� C�-4 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 Mork C5-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 CS-5 (1) (1) (1) (2) (2) t3) (4� (1) (1I (2I (2) (3) (3) (3) t�) �5) IS) (5) t6) (6) �7I (7) (8) (8) (9) (2) � i� !"! PART C - GENERAL CONDZTIONS TABLE OF CONTENTS NOVEMBER, l, 1967 TABLE OF CONTENTS . . ��5 �,�; � � C1-1 C1-1.1 C1-1.2 C1-2.3 C1-1.4 C1-1.5 C1-1.6 C1-1.7 C1-1.8 C1-1.9 C1-1.10 C1-1.11 C1-1.12 C1-1.13 C1-1.14 C1-1.15 C1-1.16 C1-1.17 C1-1.18 C1-1.19 C1-1.20 C1-1.21 C1-1.22 C1-1.23 C1-1.24 C1-1.25 C1-1.26 C1-1.Z7 C1-1.2@ C1-1.29 C1-1.30 C1-1.31 C1-1.32 DEFINITIONS Definition of Terms Contzact Documents Notice to Bidders Pzoposal Bidder General Conditions Special Conditions Specifications Bond Contract Plans City City Council Mayor City Managez � City Attorney Directoz of Public hlorks Director, City Wnter Depaztment Engineer Contractoz Suretiee The Work or Project Working Day Calendar Day Legal floliday Abbreviations Chanqe Ordez Paved Streeta and Alleys Unpaved Streets and Alleya City Streeta Roadway Gravel Street . C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL • C2-2.1 Pzoposal Form CZ_2.2 Interpzetation of Quaatities C2-2.3 Examination of Contzact Documenta and Site � C2-2.4 Submittinq of Proposal C2-2.5 Rejection of Proposal� C2-2.6 Bid Security (1) C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 Cl-1 Cl-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 Cl-1 Cl-1 C1-1 C1-1 Cl-1 C1-1 C1-1 Cl-1 Cl-1 Cl-1 C1-1 Cl-1 C1-1 Cl-1 (1) (1) (2) (2) (2) (2) (2) t2) (2) (3) I3) (3) t3) (3) (3) (3) ca� (4) (4l (1) (4) (4) (4) (�) �<) (5) (6) (6) (6) (6) t�6 ) t6) C2-2 (1) C2-2 (1) C2-2 t2) C2-2 �3) C2-2 (3) C2-2 �3) ,' C8-8.3 C8-B.4 CB-8.5 C8-6.6 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 Retainaqe Withholding Payment Final Acceptance Final Payment Adquacy of Design ' General Guaranty Subsidiary Work Miscellaneous Placement of Material Record Documents CS-8 C8-8 C8-8 C8-8 C8-8 C8-8 C8-8 C8-8 C8-8 C8-8 C8-8 (1) (1) (2) (3) (3) t3) ca� ca� (5) (5) (5) � � .: � (!) � .,� , � w� � � C6-6 C6-b.l C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 �� C6-6.7 C6-6.8 � - C6-6.9 C6-6.10 C6-6.11 C6-6.12 � �,: C6-6.13 C6-6.14 �-a� C6-6.15 ■ C6-6.16 � !_� � � C6-6.17 C6-6.18 C6-6.19 C6-6.20 C6-6.21 C7-7 C7-7.1 C7-7.2 C7-7.3 C7-7.4 C7-7.5 C7-7.5 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.I7 � C8-8 CB-8.1 C6-8.2 � , I.EGAL RELATIONS AND PUBLIC RESPONSZSILZTY I.nws to be Observed Permits and Licenses Patented Devices, Materials and Pzocesses Sanitary Provisions Public Safety and Convenience Privileges of Contractor in Streets, Alleys, and Right-of-Way Railway Crossings Barricades, Warnings and Watchmen Use of Explosives, Drop Weight, etc. Wozk Within Easements Independent Contractor Contzactor's Respoasibility f or Damage Claims Contractor's Claia� for Damages Adjustment of Relocation of Public Dtilities, etc. Tempozary Sewer Dzaia Connections Arzangement and Charges of Water Furnished by City Use of a Section of Portion of the Work Contractor's Responsibility for Work No Waiver of Legal Rights Personal Liability of Public Officials Stnte Sales Tax PROSECDTION AND PROGRESS Subletting � Assignment of Contzact Pzosecution of the Work Limitations of Operations Character of Workman and Equipment Work Schedule Time of Commencement and Completion Extension of time of Completion Delays Time of Completion Suspension by Court Order Temporazy Suspension Termination of Contract due to National Emergency Suspension of AbanBonment of the work and Annulment of Contract Fulfillment of Contract Tezmination for Convenience of the Onwez Safety Methods and Practices MEASUREMENT AND PAYMENT !leasurement of Quantities Gnit Pzices (3) C6-6 (1) C6-6 (1) C6-6 (1) C6-6 ( 2 ) C6-6 (2) C6-6 (3) C6-6 ( 4 ) C6-6 t4) C6-6 (5) C6-6 (6) C6-6 ( B ) C6-6 (8) C6-6 (10) C6-6 (10) C6-6 (10) C6-6 C6-6 C5-6 C6-6 C5-6 C5-6 (11) tll) (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) t2) (2) (3) (�) (4) (4) (5) t�6 ) (6) C7-7 (7 ) C7-7 (7) C7-7 (9) C7-7 (10) C7-7 (13) C8-8 tl) C8-8 (1) C1-1.3 Nn��E TO BIDDERS: All of the legal publications either actually published�in public advertising mediums oz f uznished dizect 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 offez or tender of a bidd�z to perfozm the Work which the Owner desires to have doae, toqether Nith the bid securfty, constitutes the Proposal, which becomes bindinq upon the Biddez When it is off icially received by the Owner, has been publicly opened and read and not rejected by the Owner. � C1-1.5 BIDDER: �ny person, persons, fizm, partnership, company, associ�ation, corporaticn, actinq directly o= thzouqh a duly nuthorfzed representative, submittinq a proposal for performinq the wozk conte.�plated under the Contract Documents, constitutes a bidder. C1 -1.6 GE�1 ERA,L COND TION : The Genezal .Conditions are the usual construction an� con�ract requirements nhich govern the perf ormance of the work so that it will be cazried on in accordance vith the customary procedure, the local statutes, and requirements of the City of Fort i4ortb'� charter and promulgated ordinances. ivherever there. may be a confliet betv►een the Genezal Condition� aad Speeial Conditions, the latter shall take precedence and shall qoverc. C1-1.7 SPEC��►L COIJDITION6s Special conditions aze the speeitic requ rements �rhicb are necessary f or the particular project covezed by the Contract Documents and not specifically ccvered in the General Conditions. ivhen considered with the G eneral Conditions and other elemeAts of the Contract Documents they provide the information vhicb the Contzactor and Owner should have in ordez to qain a thozough knowledge of tbe project. C1-1.8 SPEC FICATIONS: The Specificatfons is that section or part of the �ontract Documents �rhich �ets f orth in detail the requirements which must be met by all materiala, construction, vozkmanship, equipment and service• in order to zendez a completed and usef ul project. tPheAever refereace is made to standard specificationo, zegulations, requizements, statutes, etc., such referzed to documents shall become a part of the Co�tract Documents just as though they were embodied therein. C1-1.9 BOND: The bond or bonds are the �rzitten guarnntee or security turnished by the Coatractor for tbe prompt aad Cl-1 ( 2 ) � � ' � � r� � .� r� PART C - GENERAL CONDITZONS C1-1 DEFINITIONS SECTZON C1-1 DEFINZTIONS C1-l.l DEFINITIONS OF TERMS: Whenever in these Contzact 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 specificatioas, bonds, addenda, plans, etc., which govezn the tezms and performance of the contract. These are contained in the General Contract Docuraents and the Special Coatzact Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contzact Documents qovern all Water Department Projects and include the iollowing itemr: PART A - PART B - FART C - PART D - PART E - NOTICE TO BZDDERS (Sample) PROPOSAL (Sample) GENERAL CONDITI�NS (CITY3 (Developez) SPECIAL CONDITIONS SPECIFICATIONS PERMITB/EASEMENTS PART F - BONOS PART G - CONTRACT (Samplel cs��e� i4h i te iqhite Canary Ye11oW Brovn Green E1-White E2-Golden Rod E2A-iQhite Blue i�Phite Nhite b. SPECIAL CONTRACT D�CDMENTS: The Special Contract Documents are pzepared for each specific project as a supplement to tbe General Coatract Documenta aod include the followinq items: r� r� PART A- NOTZCE TO BIDDERS (Advertisement) Same as abOVe PART B - PROPOSAL (Bidl PART C - GENERAL CONDZTZONS PART D - SPECZAL CONDITION6 PART E - SPECZFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H- PLANS (Usuallp boun8 sepdratelp) r� Ci—i cii �� C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official ot the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1.18 DIRECTORt �ITY WATER DEPA�TMENT: The duly nppointed Director of the City Water Depaztment af the City of Fort Worth, Texas, or his duly authozized representative, assistant, or agents. C1-1.19 ENGINEER: The Director of Publie Wozks, the Directoz of the F`ort �toith City Water D�partment�, or., theiz c'�uly authorized assistants, agents, engineers, inspectors, oz superintendents, actinq wi.thin the scope of the particulaz duties entrusted to them. C1-1.20 CONTRACTOR: The person, persons, partnership, company, tirm, association, oz corporation, entering into a contract with the Owner for the execution of the work, actinq directly oz through a duly authorized representative. �► sub-contractor is a person, firm, corporation, oz others under contract with tbe principal contractoz, supplyinq laboz and materials oz only labor, for work at tbe site of the project. C1-1.21 SIIRETIES: The Corpozate bodies which are bound by such boc,ds are r�quired with and foz the Contractor. The sureties eagaged are to be f ully zesponsible for the entire and satisfactory fulfillment of the Contract and f or any and all zequirements as set forth in the Contract Documents and approved changes thereia. C1-1.22 THE WORlC OR PROJECT: The completed vork contemplated in and covered by the Contract Documents, includinq but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessazy to produce a completed and serviceable project. C1-1.23 wORKIN� DAY: 7� vorking day is�8efined as a calendat day, not inciuding Snturdays, Sundays, and legal holidays, in which the weather cr othez conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not leBs than seven (7) hours trEtween 7:00 a.m. and 6:00 p.m., With exceptions as permitted in paragraph C7-7.6. C1-1.24 CALENDAR DAYS: �i calendar day i� any day of the week or month, no days being excepted. C1-1.25 LEGAL EOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: Cl-1 (l) faithful pezformance of the contzact and include the following: a. Performance b. Payment Bond c. Maintenance d. Proposal or to Bidders, s - � ,.� - - - a . "1 � 'L - Bond (see paragraph C3-3.�) (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 CONT� CT: The Contract is the�formal signed agreement between the Owner and the Contractor covezinq the mutual understanding of the two contracting parties about the project to be completed undez the Contract Documents. C1-1.11 PLANS: The plans are the drawings oz reproductions thereirom made by the Owner's representative showing in detail the location, dimensioa and position of the various elements of the project, including such pzofiles, typical cross-sections, layout diaqrams, workinq drawiags, preliminary drawings and such supplemental drawings as the O�aner may issue to clarify othez dzawinq6 oz for the purpose of ahowing chaages in the work hereinafter authorized by the Ownet. The plans are usually bound separately fzom other parts of the Contract Documents, but, �hey are a part of the Contract Documents just as though �:hey were bounel therein. C1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized aad chartered under the Texas State Statutes, acting by And throuqh its govezninq body oz its City Manger, each of Which is required by chazter to perform specific duties. Responsibility for final enfcrcement of Contracts involving the City of Fort Worth is by Chazter vested in the City Manager. �he termr City an8 Owner aze syaonymous. C1-1.13 CITY COONCIL: The �uly elected and qualified governing body ot the City of Port Worth, Texas. C1-1.14 lSAYOR: The officiallp elected !layoz, or in his absence, the Mayoz 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 i�orth, Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appoiated City Attorney �, of the City o� Fort Worth, Texas, or his duly autborized �� representative. 1 a� C1-1 i3) ' C1-1.27 CAANGE ORDER: A"Change Ordez" is a written supplemental agreement between the Owner and the Contractoz covering some added or deducted item or feature which may be found necessary and wbich was not speGifically included in the scope of the pzoject on which bids were sub�itted. Increase in unit quantities stated in the proposal aze not the subject matter of a Change Order unless the increase or decrease is more than 25i of the amount of the particular ite.�a or items in the oriqinal proposal. All 'Change Orders" shall be prepared by the City from infozm.ation as necessary fuznished by the Contractor. C1-1.28 pAVED STREETS AND AI,LEYS: �► paved street or alley shall be e ined as a street oz alley havinq one of the f ollowinq types of wearing surface� applied ovez the natural unimproved surface: � l. �►ny type of asphaltic coaczete with or vithont sepazate base matezial. 2. Any type of a6phalt surface tzeatment, not ineludinq an oile8 surface, Mitb or vithout separate base matezial. 3. Bzick, with oz without separate base material. 4. Concrete, with or vithout separate base material. 5. P►ny combination of the above. C1-1.29 IINPAVED STREETS OR ALLEYS: J►n unpaved street, alley, roadway or othez surtace is any area except those defiaed above for "Paved Stzeets and Alleys.• C1-1.30 CITY STREE�S: �► city ttreet is defined as that area between the right-o -vay lines as the street is dedicated. C1-1.31 ROADWAY: parallel lines two ( 4' ) f eet back of exists. Tbe roadvay is def ined as the area betweea t2') f eet beck of the cuzb linea or four the average edge of pavement where no curb C1-1.32 GRAV L STREE : A gravel street is any unpaved street to which has �een adde� one or more applicatioaa of gravel oz .similar material other than the natural material found on the street surface before any i�prevement vas made. C1-1 (6) � � � � 1. 2. 3. 4. 5. 6. 7. 8. 9. New Year's Day � M. L. Ring, Jr. Bizthday. Memozial Day Independence Day Labor Day Thanksgiving Day Thanksgivinq Friday Chzistmas Day Such other days in lieu of holidays as the City Council may determine Januazy 1 Third Monday in January Last Monday in May July 4 First Monday ia September Fourth Thursday in November Fourth Fridny in November � December 25 When one of the above named holidays ot a special holiday is de�lared by the City Council, falls on Saturdny, the holiday shall be observed on the precedinq Fziday or if it falls on Sunday, it shall be observed on the follcwing Monday, by those employees wozking on Working day opezations. Employees workinq calendar dny operetions will conaidez the calendar holiday as the holiday. C1-1.26 ABBREVZATIONS: Wberever the abbzeviations defined �! herein appear in Contract Documents, the intent aad meaning � shall be as follows: � .�; �� .� ., f" AASHTO - American Association of NGD -!lillion Gallons Per State Eighway Transportation Day Officials ASCE - Amezican Society of Civil CFS - Cubic Foot per Engineers Secoad ZAW - In Accordance With A.STM - American Society of Mia. - t�linimum Testinq Materials trlono.- Monolithic AWWA - Aaierican Watez Works = - Pezcentum Association R - Radius ASA - Amezican Standnrdt Association I.D. - Znside Diameter HI - Bydraulic Institute O.D. - Outside Oiameter Asph. - Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. - Bculevazd C - Centigrade CI - Cast Iron In. - Inch CL - Center Line . �t. - Foot GI - Galvanized Iron St. - Stzeet Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard iriE - Manhole SY - 6quare Yard Max. - IrSaximum L.F. - Linear Foot D.I. - Ductile Izon C1-1 (5) �9 forms or othez 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 Contsactoz for only the actual quantities of wozk performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to b� performed and materials to be furnished may be increased or decreased as hereinaftez provided, without in any way invalidatinq the unit price6 bid or any othez requizements of the Contract Documents. C2-2.3 EXAMINATS�N �F r.n� A,�_'�' DOCUMENTS AND SITE oF PROJE�T Bidders nre advised that the�Contract bocuments on file with the Owner shall constitute all of the informntion which the Ownez will fuznish. All additional iaformation and data which the owaer will supply after promulgation of the formal contract documents shall be issued in the form of Nritten addenda and shall become part of the Contract Documents just as though such addenda �►eze actually wzitten into the oziqinal Contract Documents. Bidders are required, prioz to the filing of pzoposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine cazefully all local conditions, to inform themselves by their own independent research and investiqations, tests, boring, and by such other means as iaay be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of tbe project. They must judge for themselves the difficultie� of the work and all attendinq circumstances affecting the cost of doinq the Mork or the time requi;ed f or i ts completion, and obtain all informatioa ze�uired to make an intelligeat proposal. No information qiven by the Owner or any representative of the Owner other thaa that containcd in the Contract Documents and officially promulqated addeada thereto, shall be binding upon the Owr�er. Bidders chall rely exclusively and solely upoa their owa estimates, investigation, research, tests, explorations, and other data Which are necessary f or full and complete inf ormation upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-f acie evidence that the bidder has made the investiqations, examinations and�tests herein required. Claims for additional compen�ation 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, shovinq on the plans are for general information only and may not be correct. Neither the C2-2(2) 1"', ; � 1"� SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATZON AND PREPARATION OF PROPOSAL SECTION C2-� tNT,ERPRETATION AND PREPAR.ATION OF PROPOSAL " C2-2.1 PROPOSAL FORMs The Owner will furnish bidders with proposal form, which�will contain an itemized list of the Q"'" items of work to be done or materials to be fuznished and upon � which bid prices aze requested. The Proposal f orm will 6tate - the Bidder's qeneral understandinq of the pzoject to be � completed, provide a space f oz furnishing the amount of bid ,� security, and state the basis foz entezinq into a formal contract. The OWnez Will furnish form6 for the Bidder's ��,. "Experience Record," "Equipment Schedule," and "Financial Stntement,' all of Which must be pzoperly executed and filecl � Kith the Dizector of tbe City Water Depnrtment one week prior to the hour for openinq of bids. � ' � The financial statement zequired shnll have been prepared by an independent certified public accountant or an independent � public accountant holdinq a valid permit issued by an appzopziate state licensing agency, and shall have been s o � prepared as to reflect the curreat financial status. This statement must be curzent and not more than one (1) year old. �'1 In the case that a biddinq date falls within the time a new ; statement is beinq prepazed, the previous statement shall be - updnted by pzopez verification. Liquid assets in the amount �� of ten (108) percent of the estimated project cost �ill be required. For an expezience record to be con6i�ezed to be acceptable for a qiven pzoject, it must reflect the experience of the fizm seeking qualification in Mork of both the same nature and magnitude as that of the project for which bid� are to be received, and such expezience must have been oa projects completed not more than five (5) years prior to thc date on which are to be zeceived. The Dizectoz of the Watez department shall be sole judge as to the acceptability of experience foz qualification to bid oa any Port Worth water Department project. �� The pzospective biddez sha12 schedule tbe equipment he has �++ available for the pzoject aad 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 QIIANTSTIE : The quantities of vrotk �•� and materials �0 6e furnished as may listed ia the proposal e� C2-2c1� ��, C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, a�ccompanied by its proper Bid Secuzity, 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 delivez the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidd�r must have the proposal actually delivezed. Each proposal shall be in a sealed envelope plainly mazked with the word "pROPOSAL," and the name or description of the project as designated fn the "Notice to Bidders.• The envelope shall be addzessed to the City Manager, City Hall, Fort Wcrth, Texas. C2-2�,8 WITHDRAWING PROPOSALS: Proposals actually filed with the City iKanager annot be witbdrawn pzioz to the time set f or opening proposa�s. 1� request for non-considezation of a proposal must be made ia writing, addressed to the City Maa�agez, and filed with him pzior to the time sct for the opening of proposals. Aftez all pzoposals not requested for ncn-consideration are opened and publicly read aloud, the proposals for which non-consideratioa requests bave been pzoperly f iled �, at the option of the O:�nez, be returned unopened. C2-2.9 TELEGRAPHIC MODZ�ICATION OF PROPOS� S: Aay biddez may modity his proposal by te egraphic communica�ion at any time prior to the time set for opeaing proposals, provided snch telegraphic communication ia zeceived by the City Manager prior to the said proposal opening time, and provided furthez, that the Citp Manager i� satisfied tbat a vritten and duly authenticated confirmation of such teleqzapbic communicatioA over the siqnature of the bidder Naa mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after tbe pzoposal opening time, no further consideratioa vill be qiven to tbe proposal. C2-2.10 PIIBLIC OPEt1ING OF PROPOS]�� pzopocala which have been properly tiled ana �or whicb ao Non-coasideratioa Request" has been received will be publicly opened aad read aloud by the City Manager or his authorize3 representative at the time ana place indicated in the 'Notice to Biddert.• �11 pzoposals which have been opened and read vill zemaia on file with the Owner until the contract has been awarded. Bidders or their authorized zepzesentatives are iavited to be present f or the openinq of bids. C2-2.11 ZRRE�ULAR PRqpOSALSs Proposals sball be considered as beinq Irregu ar it fE�ey show any omissioos, alterationz of form, additions, or conditione not called for, unauthorized alternate bids, or irregulazities of any kind. However, the C2-2(4) � e� +•a f' _� � � :�.,, . � .� �� 9 • �wner ncr the Engineer guarantee that the data shown is representative cf conditions Which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on t�e form furnished hy the Ownez. All blank spaces applicable to the pzoject 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 wozk contemplated or furnishe the matezials required. All such prices shall be arzitten legibly. In case of discrepancy between the price written in Words and the pzice wzitten in numerals, the price most advantageous to the City shall overn If a pzoposal is submitted by an individual, his or hez name must be siqned by him fher) or his (hez) duly authorized agent. If a pzoposal is submitted by a fizm, association, or paztnership, tbe name and addzess of each membez must be given, ancl the proposal must be signed by a member of the firm, association, or partnerahip, or by a person duly authorized. If a pzoposal ir submitted by a company cr -corporation, the company or corperate name a�d business address must be given, and the proposal signed by an official oz duly �uthozized ageat� The corporate seal must be aff ixed. Power of Attorney authozisinq agent� oz others to sign proposnl must be propezly certified and must be fa Kritiag and submitted with the proposal. C2-2.5 REJECTI�N OP PROPOSALS; proposals may be rejected if tt,ey show any a teration ot Nords oz figures, additions not called for, conditioaal oz uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kiad, oz contain unbalance value of any items. Propesal tendered or delivezed af ter the official time designated f or receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: po proposal will be considered unless it is accompanied by e�•proposal Security" of the charactez and in the amount indicated in the "Notice to Bidders• aad the "Propesal." The Bid Secuzity is requized by the Owaer as evidence of goed faith en the pnrt of the Bidder, and by way of a guazanty that if aWarded the contract, thc Biddez will within the requized time execute a formal coatract and furnisb the zequized performance aad other bondc. The bid secuzfty of the thzee loWest bidders vill be zetained until the contract is awarded or other.disposition is made thezeof. The bid security of all other bidders may be retnrned pzomptly after the canvass of bids. C2-2(3) � � i ' � Ownez zeserves 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 aa . irregularity which cannot be waived. � C2-2.12 DIS�UALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not con�idered for any of, . but not limited to, the following reason: a. b. c. d. e. f. g• h. Reasons for believing that collusion exists among bidders. Reasonable grounds for believing that nny bidder is interested in more than one proposal foz wozk ccntemplated. The biddez being interested in any litigation against the Owner oz where the Owner mny have a claim against or be engaged in litigation against the biddez. The bidder beinq in arrears on any existing contzact or having defaulted on a previous contract. The bidder having performed a prior contract in an unsatisiactory mannez. Lack of competency as zevealed by the financial sta�ement� �xneri�r�� recozd, �cuipme�t ��4�edule, and �uch inquiries as the Owner may see fit to make. Dncompleted Work Which, in Lhe judgment of the Ownez, will prevent or hinder the prompt completion of additional wozk if awarded. The bidder not filing with the Owner, one week in advance of the hour of the opening of pzoposals the f ollowing: ,� s� �� l. Financial Statement shcWing the financial condition of the biddez as specified in Pazt "A' - Special Instructions. 2. A current experience zecord showing especially the projects of a natuze similaz to the one under considezation, which have been successfully corapleted by the Bidder. 3. An equipment schedule showinq the equipment the bidder has available for use on the project. The Bid Pzoposal of a biddez who, in the judqment of the Engineez, is disqualified undez the requirements stated herein, shall be set aside and not opened. C2-2(5) The Contractor shall post the required notice to that effect oa the pzoject site, and, at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officez 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 Biddez within f orty-five (45) days after the date on which the proposals were opened. C3-3.5 AWARD OF CONTRACT: The Ownez reserves the right to withholdtinal 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 awazd be made until after investigations have been made as to the responsibility of the proposed aWardee... The award �f the contract, if an award is made, will be to the lowest and best responsible biddez. The award of the contract shall not become effective until the Owaer has notified the Contractoz in wziting of such avard. C3-3.6 RETIIRN OF PROPOSAI, S�CUR TIES: !►s sooa as proposed price totals have been determined �or compazison of bids, the Owner may, at its discretfon, return the pzoposal security �ich accompanied the pzoporala Mhicb, in ita judgment, would �ot be considered for tbe avazd. l�ll othez proposal securities, usually those of tbe thzee lowest bidders, will be r etained by the Owner uatil t6e required contract ha� been executed and bond furnished or the OWnez ha� otherwise disposed of the bids, after which they vill be returned by the City Secretary. C3-3.7 BONDS: With the e:ecution and delivery of the Contract Documents, the Contractor 6ha11 furnisb to, and file vith the Owner in the amounts hezeia required, the following bonda: a. PERFORMANCE BONDs !1 good and iufficient performance bond in an amount aot less than 100 percen t of the amount of the contract, as evidenced by the proposal tabnlatioa or otherwise, guaranteeinq the full and faithful execution of the work and perf ormance of the contract, and f or the protection of the Owner and all other persons against damage by zeasoa of neglicence of the Contractor, or impzoper executioA of the work or the use of inferior matezials. This performance C3-3 (2) .. �� 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 zead.aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the � proposal, and the applicntion 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 othez qucted amounts as may enter into the cost �n, of the completed project �ill be considered as the amount of f' the bid. M Ontil the award of the contract is made by the OWner, the � right Will be zeserved to reject any or all proposals and ,� waive technicalities, to re-adveztise for new proposals, or to proceec� wit� tne wozk in any manner as maybe considezed f or F.� the best interest of the Owner. '" C3-3.2 MINORITY BDSINESS ENTERPRISE/i40MEN-�i�TNED ��SINESS ENTERPRISE COMPLZAAiCE: Contractor agrees to provide o�wner, (' upon request, complete and accurate infozmation reqarding � actual work performed by a Minority Business Entezprise (MBE) and or a a Woman-o�vned Business Entezprise (i4HE� on the contract and the payment therefor. Contractor further agzees, � upon request by Ownez, to allow and audit and/or an examination of any book6, zecords, oz files in tbe poesession ��, of Contractoz that will aubstantiate the actual work performed 6' by the MBE oz wBE. Any matezial misrepreseatation of any �' nature will be grounds for termination of the contzact and for initiating any actfon under appzoptiate fedezal, state or � local laws and ozdiaances relating to false statements; _� furthez, any such misrepresentntion may be grounds for disqualification of Coatractor at Owner's discretion for �� bidding on future Contzacts Mith the Owaer for a period of time of aot less thnn six t6)�months. C3-3.3 EQUAL EMPLOYMENT PROVISION�S : The Contractor shall comply with Current City Ordinance prohibitinq discrimination in employment practices. � C3-3 (1) 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 Ownez. The contract shall not be operative noz will any pnyments be due or paid until appzoval of the bonds by the Owner. C3-3.@ EXECUTION OF CONTRACT; Within ten (10) days aftez the Owner has by appropriate resclution, oz otherwise, awarded the contract, the Contractor shall execute and file with the Ownez the Contract and such bonds as may be required in the Contract Documents. No contzact shall be binding upon the owner until it has been attested by the City Secretary, approved as to form and leqality by the City Attorney, and �xecuted for the Owner by either the Mayor or City Managez. C3-3.9 FAT�,Rj�LE, TO EXECOTE CONTRACTs The failuze of the Awardee to�execute the requized bo�d or bonds or to oign the required contract withia ten (10) days after the contract is awarded shall be considezed by the Owner as an abandonment of his pzoposal, and the Owner may aanul the �►Ward. By reason of the uncertainty of the market pzices of material and laboz, and it being impracticable and difficult to accurately determine the amount of damages occuri�q to the Owner by zeason of said awazdee's failuze to execute said bonds and coatract Mithin ten (10) days, the proposal security accompanyinq the pzoposa� �hall be the aqreed amount of damages which Owner will suffer by zeasoa of sucb failure on the part of the Awardee and �hall thereupon immediately be forfeited to tbe Oaner. The filing of a proposal will be considered as an acceptance of this provision by the Biddez. C3-3.10 BEGINNZNG WOR1C: Tbe Contractor chall not commence worx until auttiozized�in Mrftiag to do ao by the Owner. Sbould the Contractor fail to commence ti►ork at the site of the project within the time stipnlated in tbe MritteA authorization usuallp termed the •i�ork Ordez" or "Proceed Order•, it is agreed that the Surety Company vill, vftbin tea t10) days after the commencement date set fortb ia such wzitten authozization, commence the pbysical executioc of the :ontzact. �3-3.11 INSDRANCE: The Contractor �hall not commence wozk aader this contract until be has obtaiaed all the inaurance :equized under the Coatract Documents, and such insurance has �eea approved by the Owner. The prime Contractor shall be -esponsible for delivering to the Owaer the Qub-cootractora' C3-3 (4) � �' � .� � � bond shall guazaniee the payment for all labor, matezials, eguipment, supplies, and services used in the constzuction of tne work, and shall zemain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, gaaranteeing the pzompt, full nad faithful performance of the general guazanty which is set forth in parngraph C8-8.10. c. PAYMENT BOND: A.good and sufficient payment bond, in an amount not less than 100 pezcent of the amount of the contzact, as evidenced by the proposal tabulation or otherwise, guazanteeing the prompt, f ull and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by Souse Bill 344 Acts 56th I,egislature, R�gulnr Session, 1959, effective April 27, 1�59, and/or the latest version thereof, sup�ly:ing la�:or �n3 matezia3s ir �he nrc��e€�ution of the Work pzovided for in the contract beinq con6tructed under these specifications. Payment Bond shall remain in force until a12 payments as above stipulated aze made. i� i'"" .� d. OTHER BONDS: Such othez bonds as may be zequired by these Contract Documents shall be f uznished by the Contractor. N o sureties will be accepted by the Owner which are at the time in default oz delinquent on any bonds oz Mhicb az.e interested in any litigatioa aqainst t6e ov►nez. 1►11 bonds shall be made on the forms furnished by the Owner and sball be executed by an approved surety compnay doing business in the City of Fort Worth, Texas, aa� whicb ie acceptnble to the ownez. In ozder to be acceptable, the name of tDe surety shall be included on the cuzzent D.S. Treasuzy list of acceptable sureties, and the amount of bond wzitten by any one acceptable company shall not exceed the amount show� on the Treasury list for that company. Each bond shall be propezly executed by both the Contractor and Suzety Compaay. Should any surety on the contract be aetermined unsatisfactory at any time by the Ovmez. aotice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3) .� 5. Builder's risk iwhere abo��P-Qround stzuctuzes � are involved). '� 6. Contractua�l Liability (covers all indemnification requirements of Contract). . ' d. ADTOMOB�j +� INSURANCF -�,f1DILY INJIIRY AND P OPER, DAMAGE: The Contractor shall proeute and ma� nta in, � duzinq the life of this Contzact, Comprehensive Automobile I,iability insurance ia an amount not � less than S250,000 for injuries includinq accidental death to any one�person and subject to the same limit for each persoo an amount not less � than 5500,000 oa account of one accident, and automobile property damaqe insurance in an amount '" not less than S100,000. � e. SCOPE �F ZNSDRANCE AND S ECIAL HAZARDs The � insurance requized under Lhe a�ove paraqrapbit shall prcvide adequate prctectioa foz the Contzactor and his sub-contractors, respectively, against damage ,� claim� Khich may arise fzom operatioas uader this � coatract, whether �uch operations be by the inrured -� or by anyone dizectlp or indizectly employed by ' him, an3 also against any of tbe f olloviag �pecial ' hasards Mhieh may be eacountered in the performa�ce of the Contract. � � f. PROOF OF CARRIAGE OF INSj7 RANCE: The ContractoZ '� shall furnish the Oxner wi�h sati��factory pzoof of coveraqe by insurance reqnized ia these Contract �� Documents in amounta and by carriers sntisfactory to the Owner. (Sample attached.) �111 insurance requirements made upon tbe Contractor shall apply �'+. to the sub-coatzactor, sbould the Prime . Contractor's insurance not cover the sub-contractoz's work operatioes. �. �� 9� insuranceEandF� n�lnq compaaies M1t�IM��om the Contractor's insuraAce and performance, payment, � maintenance and all sucb other boa8s aze rzittea shall be represented by an agent or agenta having an office located within the citp limit� of tbe '� � C3-3 t6) wJ � � 1� t certificate of insurance for approval. The prime contractor shall indicate an the certificate of insurance included in the documents for execution whethez or not his insurance covers �� sub-contractors. It is the intention of Lhe Owner that the insurance coverage requized herein shall include the coverage of all sub-contractcrs. a. COMPENSATION NSURANCE: The Contzactoz 6ha11 maintain, duz�ng the life of this contzact, Workers' Compensation Insurance on all of his employees to be engaged in wozk on the project under this contract, and foz all sub-contractors. In case any class of etnployees engaged in hazardous wozk 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 pzotection of such of his employees not so pzotected. , , I �� b� Con� ac�or si�a�l p ocure andBshall ma�n�ainE�duzing : the life of this contzact Contr.actor t . Compzehensive Geaeral Ziability Insurance (Public � Liability and Propezty Damaqe Insuzance) in an �; amount not less than Sa00,000 coverinq each . occurrence on account of bodily injury,.includiag death, and in an amount nct less than S500,000 la covering each occurrence oa acceunt oF property damage with 52,000,000 umbrella policy coveraqe. � c. ADDITZONAL I.IABILITYs The Contractor shall fuzni6h insuraace as �eparate policies or by additional endozsement to one of the � above-mentioned policies, aad in the amount as set � f orth f or public liability and property da.maqe,, the followiag insurance: � � 1. Coatingent Ziability (covers :Gene�ral - Contrector's I,iability f or acts of sub-contractors). 2. Blastiag, pzior•to any blasting beinq:done. }� 3. Collapse ef buildings or structures adjacent to excavation tif excavations aze to be performed ad-jacent to same). 4. Damage to underqround utilities for�$500,000. LJ �� C3-3 (5) ., matter associated such as maintaining adequate and appropriate insurance or security coverage for the pzoject. Such local authority for administzation of the work under the Contract shall be maintained until all business transactions executed as part of the Cantract are complete. Should the Contractor's principal bas� of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable, by the Contractoz's responsible officers with the understanding that this written assignment of authority to a local zepresentative shall become part of the pzoject Contract as thouqh bound dizectly into the project documents. The intent of these requirements is that all matters associated with the Contzactor's administration, Nhether it be oriented in furthering the wozk, or other, be governed dizect by local authozity. This same zequirement is imposed on insurance and surety coverage. Should the Contractor's local representative f ail to perf orm to the satisfaction of Engineer, the Engineer, at his sole discretion, may demand that such local repzesentative be replaced and the Engineez may, at his sole disczetion, stop all Mork until a neN local authority satisfactozy to the Enqineer is assiqned. No czedit of vorking time will be for periods in Mhich wozk stoppaqes are in effect for this reason. C3-3.15 vENIIE: Venne of any action hereiaundez rhall be exclusively in Tarzant County, Texas. C3-3 (8) ... c� City of Fort Worth, Tarrant County, Texas.� Ench "� such agent shall be a duly qualified, one upoa whom ',�� service of process may be had, and must have ' autbozity and powez to act an behalf of the insurance and/or bonding ccmpany 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 oz any property ownez who has been �` damaged, may have against the Contractor, , insuzance, and/or bonding company. If the local � insurance zepzesentative is not so empowered by the � insurance or bonding companies, then such authozity ' must be vested in a local agent oz claims officez ' zesiding in the Metzoplex, the Fort worth-Dallas �„ area. The name of the agent oz agents shall be set ,` forth on all of such bonds and ceztificates of '� insurance. C3-3.12 CONTR CTOR'S OBLIC� TIONS: Unaez the Contzact, th� Contractor sha�l pay for al� matezials, labor a�d services when due. C3-3.13 WEERLY PAYROLL: A certified copy of each payzoll co��s�.�ing ��ment of Wages to �11 persQn engaged in wozk on the project at the site of the prcject shall be furni�hed to the Owner's zepresentative within seven (7) days af tez the close of each payzoll period. A copy or copies of the applicable mini�num wage rates as set forth in the Contzact Documents s hall be kept posted in a conspicuous place at the site of the pzoject at all times duzinq the course of the Contract. Copies of the wage rates will be furnished the Contractoz, by the Owner; hcwevez, posting and protection of the wage rates shall be the responsibility of the Contractor. � C3-3.14 CONTRACTOR'S CONTRACT ADMINIS� TION: Any Contractor, whetheZ a p�rson, p�rsons, partnership, cocnpany, firm, `�' association, corporation or othez who is approved to do � business with and enters into a contract with the City foz ,� constzuction of water and/or sanitary sewer facilities, will � have or shall establish a fully operationnl business office j within the Fort worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or � he may delegate his Prcject Superintendent) with full l i � � authozity to transact all business actions zequizcd fn the � Qerfozcnance of the Contract. This local author.ity shall be ,� made responsible to act foz the Contractor in all matters � pertaining to the work governed by the Contract whether it be � administratine or otherwise and as such shall be empowezed, �, thus delegated and diz$cted, to settle all material, labor or ' J othez expendituzes, all claims against the work or any othez C3-3 (7) ti waiving or invalidatinq any conditions or rovisions of the '� P Contract Documents. Variations in quantities of sanitary sewer pipes in depth categozies, shall be interpr�ted herein as applying to the overall quantities or snnitary sewez pipe in each pipe size, but not to the various depth categories. C4-4.4 ALTERATION OF ONTRACT DOCD��$� : By Change Order, the Owner resezves the zig�� to make such change� in the Contrac� Documents and in the character or quantities of the wozk as may be necessary or desirable to insure completion in the most satisfactory manner, pzovided such changes do not materially altes the oziginal Contract Documents or change the genzral nature of the project as a whole. Such changes shall not be considere3 az waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WOR1C: Additional work made necessary by changes and alterations oi the Contzact Documentr or of quantities oz for other reasons for which no prices are provided ia the Contract Documents, shall be defined aa •Extra Wozk" and shall be pezfozmed by the Contzactor in accordance with these Contract Documeate or approved additioas thereto; provided, however, that before any extza work is begun a'Change Ozder" shall be executed or writtea order issued by the OWner to do t he work f or payments or credits as shall be determined by one or more combination of the following methods: a. Dnit bid price previously approved. b. An aqreed lump sum. c. The actual reasonable coct of (1) labor, �2) rental of equipment used on tbe extra vork for the ti me so used at Associated Genezal Contraetor� of �merica current equipmeat rental rates= (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and 6ocial security as detecminea by tbe Owoer, plus a fixed fee to be a�reed upon but not to exceed 101 of the actual cost of such extra work. The fized fee is not to include aay additional profit to the Contractor for zental of equipment o�rned by him and used for the extra work. The fee shall be full and complete compenzatioa to cover the cost of superiateadence, ovezhead, other profit, general and all other expense not iacluded in (1), (2), (3), an� (4) above. The Contractor shall keep accurate cost records on the form and in the method •...� '�,. •.. � .� ..,� .,� m, � C4-4 ( 2 ) `"' � � � � � SECTION C4-4 SCOPE OF WORR PART C.- GENERAL CONDITIONS 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 pzoject which the Contractor undertakes to construct oz furnish, all in full compliance with the requirements and intent of the Contrnct Documents. It is �+ definitely understood that the Contractor shall do all work ns � provided for in the Contzact Documents, shall do all extra or special Wozk ns may be considered by the Owner as necessary to � complete the project in a satisfactory and acceptable manner. � The Contractoz shall, unless otherwise specifically stated in these Contract Documen�s, furnish all labor, tools, matezials, machinery, equipment, 6pecial services, and incidentals � necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any �ork or cgnditions � which are not thoraughly and satisfactorily stipulated or cov�� by c��r�ra3 or 5��al Conditio;�� o� �hesp �A�tract "' Documents be anticipated, oz should there be any additional ,,� proposed Work which is not covezed by these Contract Documents, then •Special Pzovisions' covering all such work � will be pzepared by the ONner pzevious to the time of zeceiving bids or proposals for such Work and furnished to the � Bidder in the f ozm of Addenda. AlI such "Special Provisions" shall be considezed to be a part of the Contract Documents just as though they Nere originally �rritten thereia. � C4-4.3 INCREASED OR DECREASED gDANT IES: The Owner reserves the right to alter the quant�ties of ��e work to be performed or to extend or shorten the impzovements at any time when and � as found to be necessarp,�and the Contzactor shall perf orm the work as altered, iacreased oz decreasea at the unit pzices. Such increased or deczeased quantity shall not be more than 25 ' pezcent of the contemplated quantity of such iteID oz items. When such changes increase or decrease the original quantity of any item or items of Nork to be done or materials to be � fuznished by the 25 percent or more, then either pazty to the contract shall npon wzitten zequest to the other patty be entitled to a revised consideration upon that portion of the Work abvve or below tbe 25 percent of the original quantity � stated in the proposal; such revisea consideration to be determined by special agzeement or ae hereinafter pzov�ded for "Extra Work." No allowaace �vill be ma�e for aay changes in � anticipated profits nor shall such changes be eonsidered as !r C4-4 (1) � shall be presented also a composite graph showinq the anticipated prcqress of construction with the time beinq .:lotted horizontally and the pezcenta�e of completion plotted �ertically. The pro�ress charts shaZl 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 PROGRE,S` SCHEDDLES FOR WATER ANn �EWER PLANT FACILITIES: Within ten (10) days pzior to submission of� first monthly progress��ayment, the Contzactor shall prepare and submit to the Owner foz 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 pzocurement 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 yethod iCPM) network diagram. As the wozk progresses, the Contractor shall enter on the dia3ram the actual progress at the end of each partial paymeat period oz at such intervals as dizected by the Engineer. Tbe Contractor shall alco zevise the schedule to reflect aay adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such iatervals as dir�cted by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specificatio�s. Pzior to the fiaal draftiaq of the detailed construction schedule, the Contractoz shall revieW the draft schedule with the Enqineez to ensure the Contzactor's understa�dinq of the contract requirements. The following guideliaes shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to coaform t� time constzaiats, sequencing requizements and corapletion time. b. The construction process shall be divided into activities with time durationz oi approaimately f ourteen (14) days and construction values not to exceed S50,000. Fabrication, delivery aed submittal activities are exception� to this quideline. C4-4 (�) �� i suggested by Lhe Owner and shall give the Owner access to all accounts, bills, vouchers, and records zelating to the Extra �ork. �"' i� � « I� 1� N o"Change Order" shall become effective until it has been appreved and signed by each of the Contracting parties. No clnim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral oz wzitten, r�ppeaz to the Contzactor to involve Extza Wozk foz which he sheuld receive compensation, he shall make written request to the Engineer For written orders authorizing such Extra Work, pzioz to beqinning such aork. Shonld a difference arise as to what does or does not constitute Extra Work, or a6 to the payment thereof, and the Engineer insists upon its perfozmnnce, the Contractor shall proceed with the work aftez making Mrritten zequest foz wzitten ozders and shall keep an accuzate account of the actual reasenable cost thereof as provided under method (Item C). Claims for extra work will not be'paid unless the Contractor shall file his claim With the Owner within five (5) days bef ore the time f or makinq the fizst estimats after such werk is done and unless the claim is supported by 6atisfactory vouchers and certified payrolls coverinq all lnbor and matezials expended upon the sai8 Extra Work. The Contzactor 6ha11 furnish the Owner such installation records of all deviations from the oziginal Contract Documents as may be necessary to enable the Ownez to pzepare foz permanent record a corrected set of plaas showing the actual installation. The compensation agreed upon for 'extza work' whether or not iniitiated by a'change order' shall be a f ull, complete and final payment for all costs Contractor incurs as a r_sult or rPlating to the change or extra Work, whether said costs are kn own, unknown, foreseen or unforeseen at that time, includi-�g without limitation, any costs for delny, extenaed ovezhead, 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 SCHEDOLE OF OPERATIONSi Befoze commencing any Work under this contract, the Contcactor shall submit to the Ownzr and receive the Ownez's approval thezeof, a•Schedule af Operations," showing by a straight line method the date of commencing and finishing each of the major elemente of the contract. There shall be also shoWn the estimated monthly cost of work for which estimates ar� to be exp�cted. Ther: �a—a c3� 9. Operational testing. 10. Final inspeetion. If, in the opinion of the Owner, work acco�plished falls behind that scheduled, the Ccntractor shall take such action as necessary to improve his progr�ss. In addition, the Ownet may require the Contractor to submit a zevised schedule demonstzating his proqram and pzoposed plan to make up lag in scheduled progress and to insure com�letion of the work within the contzact time. Zf 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 avertime operations without additional cost to the Owner. Fa:lure of the Contzactor to comply �iLh these requirements shall be considcred grounds for determiaation by the Owner that the Contractor is failinq to prosecute the work with such diligence as will insure its completion Within the time specified. . r4—� (5) � �p �� , � c. Durations s!�all be in calendaz days and normal holidays an3 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 dnte and the latest start date of a chain of activities of the CPM construction schedule. Float time is not foz the exclusive use or benefit of eithez the Contractor or the OMmez. f. Thirty dnys shall be used for submittal seview unless otherwise specified. T he construction schedule shall as a minimum be divided into general cnteqories 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 tzades oz subcontracts whose work is zepresented by activities that fo11oW the quidelines of this Section. For each of the trades or subcontracts, the ccnstructicn schedule shall indicate the following procurements, construction and preacceptance activities and events in their lagical sequence for equipment and raat�rials. `�' 1 � 2. .� 3. r� �; a . � 5. i� 6. '� 7 �� 6. I� �•� � Preparation and transmittal of submittals. Submittal review peziods. Shop fabzication and delivery. Ezection or installation. Tzansmittal of mnnufacturez's operation and maintenance instructions. Znstalled equipment and mat�rials testiag. Owner's operator instzuction (if applicable). Final inspection. c4—a cs� CS-5.3 COORDZNATION OF CONTRACT DOCUMENTS: The Contract Documents are made up oi several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requizements appearing in one of the sections is as bindinq as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over $pecificntions, special conditions shall qovezn ovez general ��onditions and standard specifications, and quantities shown on the plans shall qovern over thcse shown in the proposal. The Contractor sball not take advantaqe of any appazent error or omission in the Contzact Documents, and the Owner shall be permitted to make such corzections or interpretations as may be deemed necessary for the fulf illment of the intent of the Contract Documents. In the event the Contzactor di6covers an aPpareat erzoz or di�crepancy, he shall immediately call this conditioa to the attention of the Enqineer. Za the event of a conflict ia the drawings, �pecificatioas, or other portions of the Contract Documents vhich were aot reported pzior to the aWard of Contract, the Contzactor shall be deemed to have quoted the most expeasive resolution of tbe conflict. CS-5.� COOPERATION OF CONTRACTOR: Thc Contzactor will be turnished with three sets of the Contzact Documents and shall ha ve available on the site of the project at all timez one set of such Contract Documents. The Contract shall qive to the wozk the coastant atteation necessary to facilitate the progress thereof and rhall cooperate witb the Eaqineer, his inspector, and othez Contractors in every possible �y. The Contractor shall at all times have competeat personnel available to the project site foz proper performar�ce of the work. The Contractor rhall provide and maintain at all times at the site ef the project a competeot, English-�peakiaq superintendent and an aesistant Mho are fully authorized to act as the Contractor's aqent on tbe vozk. Sucb superintendent and his assistant shall be capable of reading and understandinq the Contract Documents and shall receive and f ulfill instructions fzom the Ovner, the Enqiaeer, or his authorized representative�. Pursuant to thi� re�ponsibility of the Contzactor, the Contractor shall designate in writiag to the pzoject superintendent, to act a� the Contractor'� ag ent on the work. Such assistant project superintendent shall be a resident of Tazrant County, Texas and shall be subject to call, as is the project Supezintendeat, at any time of the day or night on any day of�the veek oa which the Engineer determines that circumstnnces require the presence oA the project site of a zepresentative of the Contractor to CS-5 t2) � � � PART C - GENERAL CONDITIONS CS-5 CONTROL OF WORR AND MATERIALS SECTION CS-5 CONTROL OF W�RIC AND ASATERIALS � . CS-5.1 AIITHORITY OF ENGINEER: The work shall be pezfozmed to � the satisfaction of the �ngineer and in stzict compliance with the Ccntzact Documents. Ae shall decide all questions which � arise as to the quality and acceptability of materials " fuznished, work perfozmed, rate of pzogress of the work, � ovezall sequence of the constzuction, interpretation of the ,�,,, Contzact Documents, acceptable fulfillment of the contract, , compensation, mutual rights between Contractoz and Owner undez `�+ theee Contract Documents, supervision of the wozk, resum�tion of operations, and all other questions or disputes phich may '�! arise. Engineer will not be zesponsible for Contractoz's � means, methods, techniques, sequenccs or pzoceduzes of construction, oz the safety precaution and programs incident � thezeto, and he will not be responsible for Coatzactoz's failure to perform the work in acccrdance �vith the contzact •� documents. He shall determfne the amount and qnality of the Mozk completed and matezials fuznished, and his decisions and estimates shall be final. His estimates in such event shall be a conditioa to the zight of the Contzactor to zeceive money due him undez the Contzact. Tbe Owner shall have executive authority to enforce and make effective such necessary decisions aad orders as the Contractor fails to carry out promptly. In the event of any dispnte between the Enqineez and '� Contzactor over the 8ecieion of the Enqineer on any such ,,,� matters, the Engineer must, vithin a r�easoaable time, upon written zequest of the Contractor, zendez and deliver to botb � the Ownez and Contzactor, a�rrittea decision oA the matter in controversy.� CS-5.2 CONFORMITY wITE PLANS: The finished project in all � cases shall conform with lines, grades, ezose-sections, finish, and dimensions showa on the plans oz any other requirements otherwise deacribed in the Coatract Documents. ��'+ Any deviation from the approved Contract Documents zequired by j� the Engineer duriag coastruction vill in all cases be determined by the E�qineer aAd authozised by the Owner by �� Change Ordez. � �� CS-5 (1) � � - 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 Engineez, any stakes or markinqs have been careles�ly or willfully destroyed, disturbed, or removed by the Contractor or any of his employecs, the full cost of replacing such stakes oz marks plus 25= will be chazged aqaiast the Contractor, aad the fu11 amount will be deducted from payment due the Coatractor. Ins ecto- �i�'�T� AN� nTIES OF CITY INSPECTqRS,: City p authorized to�inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of tbe work, and the pzeparation oz manufaeturinq of the materials to be used or equip�ent to be installed. A City Inspector may be stationed on the work to report to the Engineez as Lo the progress of the work and the manner in which it is being pezformed, to repor� any evideace that the materials beinq furaisbed or the wozk beinq performed by the Contractor fails to fulfill the zequirements of the Contract Documents, and to call tbe attention of the Contractor to a�y such failure or other infringements. Such inspectioo or lack of inspection vill not relieve the Contractor from aay obliqation to perform the work in accordance with the requizements of the Contzact Documents. In case of any dispute arisinq between tbe Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the Mork, the City Znspector Nill have authority to reject materials or equipment to �uspend work until the question at isaue can be referred to and be decided by the Engineer. The City Znspector will not, however, be authozized to revoke, alter, enlarge, az release any requirement of tbese Coatract Documenta, nor to approve oz accept aay portion oz rectioa of the vork, nor to issue any instructions contrary to the requirements of�the Contract Documents. ee will in no case act as superintendeat or f oreman or,perform any othez duties foz the Contractor, or interfere with the management or operation of the work. He pill not accept from the Contractor any compensation ia any form for performinq any duties. Tbe Coatractor ahall regard and obey the dizections and instructions of the Citp Inspector oz Engineer when the same are coasistent Mitb the obligatioar of the Contract Documents, provided, hovever. �hould the Contractor object to aay orders or in8tructions of the City Znspector, the Contractor may vithi� �i= days make writtea appeal to the Engineer for his decision on the matter io controversy. CS-5 (4) � r i adequately provide for the safety or co�venience of the � tzaveling public or the owners of property across which the : project extends or the safety of property contiguous to the pzoject routing. �'1 � The Contractor shall provide all facilities to enable the Engineer and his inspectcr to examine and inspect the � workmaaship and materials entering into the work. CS-5.5 EME�,�ENCY AND/OR RE�TIFICATION�WORR: When, in the opinion of uthe Owner or Engineer, a condition of emergency � exists related to any part of the work, the Contractoz, or the ,, Contractor thzough his designated zepresentative, shall zespond with dispatch to a verbal zequest made by the Ownez oz i.� Engineez to alleviate the emergency condition. Such a � response shall occur day or night, whethez the pzoject is scheduled on a calendar-day oz on a aozking-day basis. Should the Contzactor fail to respond to a zequest fzom the Engineer to zectify any disczepancies, cmissions, or corrections necessazy to conform with the requizements of the project specificntions or plans, the Engineer shall qive the Contzactor Wzitten notice that such work or changes are to be performed. The written notice shnll direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contzactoz does not take positive steps to fulfill this written request, or does not shcw just cause for not taking the propez action, qithin 24 hours, the City may take such remedial action with City f orces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25�, from any fuAds due the Contractor on the pzoject. CS-5.6 FIELD OFFICE: The Contraetor shall provide, at no �'"! extra compensation, an adequate field office for use of the ;.� Engineer, if specificnlly called for. The field office shall be not less than 10 by 24 feet in floor azea, substnntinlly �� constzucted,, well heated, air conditioned, liqhted, and � weathez-proof, so that documents Will not be damaged by the _ elements. �, CS-5.7 CONSTRO�TI�N STAlCES: �The City, throuqh its Engineer, will furnish t e ontractor with all lines, qrades, and measurements necessary to the proper prosecution and control � of the work contracted for under these Contract Documents, and - lin es, grades and measuzements will be established by m�ans of '- stnkes or other customnry method of mnrking as may be f ound �� consistent with good practice. �, CS-5 (3) �� :�ubstitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the wzitten.approv�l of Engineer Who will be the judge of the equality aad �ay requize Contzactor to f urnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ozdezed or installed without such performance guarantee and bonds as Owne= may requize which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly oz indirectly employed by eithez of them fzom and against the claims, damages, losses and expenses (includinq attorneys fees) arisinq out of the use of substituted materials or equipment. . CS-5 �� Z,? S MPT.ES AND TESTS OR MATER�ALS: iPheze, in the opiaioa oi the Erigineez, oz as called for n the Contract Documents, tests of materials oz equipment aze necessary, such tests will be made at the expense of and paid foz direct to the testinq �gency by the Owner unless otberwise speeifieally provided. :he failure of the Owner to aiake any testi of materials shall :e in no way relieve the Contractor of his responsibility of furnishing materials and eqaipment fully confozminq to the requirements of the Coatract Docciments. Test� and sampling of matezials, unless othcrvi�e specified, Mill be made in accordance with the latest methods prescribed by the American Society foz Testinq Matezials or specif ic requirements of the Owner. The Contractor �hall provide �uch facilities as the Engineer may require for collectinq and forwazdiag samples and shall not, Mithout specific wzitten permiasion of the Engineer, use the matezials repre�eated by the samples until tests have been made and the materials approved for use. The Contractoz Will furnish adequate samples vithout chazge to the Ownez. In case of concrete, the aqgzegates, design minimwa, aad the mixing and transporting equipmeat shall be approved by the Engineer before any concrete i� placed, and the Contactor shall be responsible foz zeplaeing any concrete which does not meet the requirementr of the Contract Documents. Tests shall be made at least 9 days prior to tbe placinq of concrete, using samples f zom the same agqregate, cement, and mortar Mhich are to be used later in the concrete. Should the oource of supply change, neW tests shall be made prior to the uae of the new materials. CS-5.13 STORAGE OF M�TERIALSs All materials xhich used in the construct on operation shall be stoze insure the preservation of the quality and fitness of when directed by the Eagineez, they shall be placed platf orms or other hard, cleaa durable surfaces and are to be d so as to the work. on wooden not on the CS-5 (6) � � � C5-5.9 INSPECTION: The Contractoz 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 zequests, the � Contractor shall, at any time befoze acceptance of the work, � remove or uncover such portion of the finished work as may be directed. Aftez examination, the Contractor shall restoze said portions of the Work to the standazd zequired by the � - Contract Documents. Should the work exposed or exa�ined pzove acceptable, the uncoverinq or removing and zeplacinq of the covering or making g ood of the parts zemoved shall be paid for as extra wozk, but should be wozk so expesed or examined prove to be unacceptable, the uncovering oz removing and tbe replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No wozk shall be done oz materials used without suitable supervision oz inspection. j� CS-5.10 REMOVAL OF DEFE�'!' IVE AND IINAUTHORIZED WORlC: All Mork, �- materials, ot equipment �hich has been zejecte8 shall be � remedied oz removed and replaced in nn acceptable manner by the Contractor at his own ezpense. Wozk doae beyond the lines -' and grades given oz as sbown on the plans, except as herein � specifically provided, oz�any Extza Work Cone without written '"' authority, will be considered as unauthorized and done at the ,., expense of the Contractor aad �ill not be paid f oz by the � Owner. work so done may be ordezed zemoved at the � Contractor's expense. Dpon the failure on the pnrt of the �� Contractor to comply with any ordez of the Engineer made under • the provisions of this paragraph, tbe Engineer Will have the y,� authority to cause defective work to be remedied oz removed and replaced and unautharized work to be removed, and the cost �� thereof may be deducted from any money due or to become 8ue to the Contractor. Failuze to zequire the removal of any � def ective or unauthorited vork �hall aot constitute acceptance �.: of such works. CS-5.11 SIIBSTITUTE MATERIALS OR EQ�IPMENT: If the Specifications, laW, ozdinance, codes or zegulations pezmit Contractoz to fuznish oz use a substitute that is eqnal to any material oz equipment specified, sod if Coatractoz wishes to f urnish oz use a proposea substitute, be shall, prior to the preconstruction confezence, make �vzitten application to ENGINEER f or approval of such substitute certifying in �rziting thnt the proposed substftute will perform adequately the f unctions callea for by tbe general desiga, be similar and of equal substance to that specified aad be suited to the same use and capable of pezforming tbe same fu�ction az that specified; aad identifyiAg all variations of the proposed �� CS-5 (5) �� . Notify each customer personally through responsible personnel as to time and schedule of the interruption of theiz service, or 3• In the event that personal notificatfon of a customer cannot be made, a prepared tag fozm 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 Dtility Improvement in your neighborhood, your (watez) (sewer) service will be iater- rupted on between the hours of and This inconveaience Kfll be as short as possible. Thank yon, Contractor Addre�s Phone b. � rQencvs Ia tbe event that an uaforeseen service in�erruption occurs, aotice shall be as above,but immediate. CS-5.16 MIITIIAL RESP NSIBILITY 01� CONTRACTORS: If, throuqh actt or �eglect oa �be part of tbe Coatzaetoz, aap other Contractor or any snb-contractor shall suffer loss or damaqe on the work, the Contractor agrees to settle with �ucb other Conttactor or sub-contractor by agreement or arbitration. Zf such other Contractor or sub-contractor shall assert aay claim against the Owner oa account of any damage alleged to have been sustained, the Owner will notify tbe Contractor, who shall indemaify and save harmless the Owner aqaiast aay such claim. CS-5.17 CLEAN-IIP: Clean-up of surplus aad/or �►aste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily zoutiae ertablished to tbe the satisfaction of the Engineer. Twenty-fonra fours after Written notice is given to the Contractor that tbe clean-up on the job site is proceeding in a manner unsatisfactory to the E�qineer, if the Contractor fails to corzGct the CS-5 (8) A � w � � ground, and shall be placed under cover when directed. Stored �r� materia?s shall be placed and located so as to facilitate , pro�pt inspection. .' � � � .� ■# � . . � u . � wd C5-5.14 F,KI$TING f�', flf`T11RFF AND UTILITIES: The location and dimensions snown�on t�e Plens relative to �xistinq utilities are based on the best information available. Omission from, oz 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 mnny gas mains, water mains, conduits, sewer lines and service lines f or all utilities, etc., is unknown to the Ownez, 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 incrensing the PaY quantities in any maaner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, pronision for wbich is not made in the Contract Documents, in which case the provision in these Contzact Documents for Fxtra Work ahall apply. It shall be the Contractors responsibility to.verify locations of adjacent and/or conflictiaq utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessazy precautions in ozder to protect all existing utilities, structures and service lines. Verification of existing utilities, structures and service lines shall include notification of all utility companiea at least forty eight (48) hours in advance of construction includinq exploratory excnvation if necessary. Al1 verificatioa of existing vtilities and their adjustment shall be considered as subsidiary work. . • CS-5.15 INTERRLTPTION OF SERVICE; a. Normal Prosecution: Ia tbe normal prosectuioa of work where the interruption of service is necessary, the Contractor, at least 24 hour� in advnnce, shall be required to: l. Nctify the �Pater Department's Distribution Division as to location, time, and schedule of service interruption. � � '� ,i .� CS-5 t7) � ■ ""� � � unsatisfactory procedure, the City may take such direct action ,� as the Engineer deems appzopriate to correct the clean-up deficiencies cited to the Contractor in the written notice, . . ■ � �.. ■ � ■ � . ■ � ■ �� ■ � .�i ■ _� � � . �i � ..� and the costs of such direct action, plus 258 of such costs, shnll be deducted from monies due or to become due to the Contractor. Dpon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractoz shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. fle shall leave the site of all work in a neat and ordezly conditicn equal to that Which originally existed. Surplus and Waste matezials removed from the site of the work shall be disposed of at locations satisfactozy to the Engineer. The Contractor shall thorcughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appeazing condition. No extra compensation will be made to the Contractor for any clean-up required on the pzoject. CS-5.18 FINAL INSPECTION: Whenever the wozk provided for in and contemplated undez the Contract Documents has been satisfactorily completed and final cleanup performed, the Engineer Will notify the propez officials of the Owner and request that the Finnl inspection be made. Such inspection will be made �ithin 10 days after such notification. Aftez su ch 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 zesolution has been passed by the City Council. No time charge will be made against the Contzactor between said date of notification of the Engineer and the date of final inspection of the wo�k. CS-5 (9) + f`1 � �R C6-6.4 SANITARY PROVSSI QNS: The Contractoz shall establish and enforce among nis employees such regulations in zegazd to . cleanliness and disposal of qarbage and waste as will tend to - prevent the inception and spzead of infectious or contagious � diseases and to effectively prevent the creation of a nuisance about the work on any property either public or pzivate, and " such requlations as are requized by Law shall be put into "� immediate force and effect by the Contzactor. The necessary �i sanitary conveniences for ute of laborers on the work, - properly 6ecluded from public observation, bhall be � constzucted and maintained by the Contracto= aad theiz use shall be ttrictly enfozced by tbe Contractor. All sucb , f acilities shall be kept in a clesa aad sanitary condition, . free from objecLio�able odors �o ac not to cause a nuisance. All sanitazy laws ana regulatioac of the State of Texas aad -� the City shall be strictly complied with. ' C6-6.5 PIIBLIC SAFETY AND QNVENZENCE: Materials or equipment � ctozed about the work sha�l be so placed and used, and tbe - work shall at all time� be so condncted, as to canse no � qzeatez obrtructioa oz inconvenience to the public tban is considezed to be absolutely necessary by tbe Engineer. The :" Contractor is required to maintain at all times all phases of his wozk in such a maonez as not to impair the Qafety oz convenience of the public, including, but not limited to, aafe y and convenient iagress and eqre�t to property contiguous to ' the work area. The Contzactor shall make adequate pzovisions E� to re�dez reasonable ingre�� aad egreas for normal vehicular �� traffic, except duriaq actnal tzenchiag or pipe installation - operatioas, at all drivevay crossiaqs. Sucb pzovisioas may � include bridqing, placement of crnshed stone or qravel or sucb oth ez means of providiaq proper inqress aad agress for tbe " property aerved by tbe drivewap as the Enqineez map approve a� appropriate. 8ncb other meana may inelnde the diversioa of ' driveway tzaffic, Mith specific approval by tbe 8nqineer. If � diversion of traffic is approved by tbe Enqiaeer at anp ' location, the Contzactor shall make azrangements aatisf actory `�'' t o the Enqineer at any location, the Contractoz shall make arrangements satisfactory to tbe Sngineer for tbe diver�ioc of - tzaff ic, and Bhall, at hia own espenae, pzovide all materials � and perform all work necessary for the coastructioa aad � maintenance of roadways and bridgez for sncb dfversioa of . traffic. Sidewalks must aot be obstructed e:cept by �pecial .� permission of the Engineer. � The mnterials excavated and the construction materials sucb as � pipe used ia the constructio� of the work sball be placed 40 � as not to endanger tbe wozk or prevent frce access to all fize hydrants, fire alarm boxes, police call boxes, water valvcs, ' .� C6-6 t2) • � � � � � � , �Ri � �.w � � ti, � PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLZC RESPONSIBZLITY SECTS N f,: h�,EGAL RELATIONS AND PIIBZ.If: RESPONSIBILITY C6-�.� LA�S�TO BE OBSE VED: The Contractoz sha11 at all times observe and comply W�th �all Federal and State LaWs and City ordinances and regulations which in any wny affect the conduct of the wozk oz his opezations, and shall observe and comply with all orders, laws, ordinances and regulations �ahich exist or which may be enacted later by bodies having jurisdiction or authority ioz such enactment. No plea of misunderstandinq or ignoranee thezeof will be considered. The Contractoz and his Suzeties shall indemnify and save harmless the City and all cf 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 ozder, whether it be by himself oz 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 noticee necessary and incident to the due and la�rful prosecution of the xcrk. C5-6.3 PATENTED DEVICESc MATERIALS AND PROCESSES: If the Contractor is requized or r�esires to use any design, device, material, oz �zocess covered by lettez, patent, or copyright, he shall provide for such use by suitable legal agreement pith the p�tentee or owner of such patent, lettez, oz copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost azising from patentB, trade-mazks, aad copy zights in any way involved in the work. The Contractor acd his suretiec shall indemnify and save harmlesa the Owner from any and all claims for infringement by zeasoa of tbe nse of any such patented design, device, material or process, or any trade-mark or copy riqbt in connection with the vozk aqreed tc be perfozmed under these Contract Documents, and shall in demnify the Owner for any cost, expense, or damage vhich it may be obliged to pay by reason of such fnfrinqement at any time during the pzosecution of tbe work or aftez completion of the Wozk, provided, bowever, tbat the Owner Kill 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 mat�rial or equipment specified in the Contract Documents furaished the Contractor by tbe Owner, and to hold the Contractor harmless o� account of such suits. C6-6 (1) �� carried on in such manner as not to interfere with the operntion of trains, loading or unloading of cars, etc. Other contractozs of the Owner may,.for all purposes zequired by the contract, enter upon the work and pzemises used by the Contractor and shall be provided all reasonable facilities and assistance foz the completion of adjoininq wozk. Any additional grounds desired by the Contractor for his use shall be provided by him at his owri cost and expenre. C6-6.7 RAILWAY ROSSINGS: When ttie work encroaches upon any zight-ot-way o� any railway, the City will secure the necessary easement for the work. tahere the railway tracic� aze to be crossed, the Contzactor shall observe all tbe zegulations and instructions of the zailway company a� to the methods of performinq the Work and take all precautions foz safety of property and the public. Negotiations vitb the railway companies foz permits shall be done by and thzouqh the City. Tbe Contractoz �hall give the City notice aot less than five days prior to the time of his intentiona to begin Mork oa that portion of the pzoject Mhicb is zelated to the railvay properties. The Contraetoz Mill not be qiven eztza or additional compensatioa foz snch railvay crossiags ualess specifically 8et forth ia the Contract Document�. C6-5.8 BARR�CADES. WARNI�1 G$ AND WA CSMEN: i�Phere tbe work is carried on in or adjacent to aay s�reet, allep, oz public place, the Contraetor shall at hi� owa expense fnrnish, erect, and maintaia such barricades, fences, liqhts apd da�ger signals, shall provide such xatchmen, and shall take all such other precantionary measures foz the proteetion of person� oz property and of the vork as are necessary. Barricades and f ences 6ha11 be painted in a coloz that Mill be visible at niqht. Fzom sunset to snarise tbe Contractor shall fnraish and maintaia at least one easily visible buraing light at each barrieade. �1 sufficient nnmber of barricades ahall be erected and maintained to keep pzdestriana awap fzom, and vehieles f zom being dziven on oz into, any Mork nnder construction or being maintained. The Contractoz shall fnraish vatchmea and keep them at their respective assiqnments in suffiefeat numbers to pzotect the work and prtvent accident oz damage. All installations ana pzocedures ahall be consistent vith the provisions set fortb ia the •1960 Texas Mannal on Dniform Traffic Control Devices for Streets and flighways• issued under the authority of the 'State of Tezas Oniform �►ct Requlatinq Traff ic on Sighways•, codified as Artiele 6701d Veroa'� Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. C6-6 (4) �� . ■ '. � � s ■ � ■ � ■ � ,� � ; � �� . �^ � �� gas valves, or manholes in the vicinity. The Owner zeserves the right tc remedy any neglect on the part of the Contractoz as regards to public convenience and safety Whicb may come to its attention, after twenty-four hours notice in wziting 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 wcrk done or materials furnished by the Owner oz by the City shall be deducted from monies due or to become due to the Contractor. The Contractoz, after approval of the Enqineer, shall notify the Fize Department Headquarters, Traffic Enginees, and Police Depaztment. when any street or alley is requested to be closed oz obstructed oz any fire hydrant is to be made inaccessible, and, when so dizected by the Engineez, shall keep any street, streets, or hiqhways in condition for unobstzucted use by fire appnratus. The Contractor shall promptly aotify the Fire Department Headquarters when all such obstructed stzeets, alleys� or hydrants aze again placed back ia service. wheze the Contractor is requized to construct tempozazy bridges oz make other azzangements f oz crossinq ovez ditches oz streams, his zesponeibility for accidents in connection with such crossinge shall include the roadway approache6 as Well as the structures of such croseinqs. The Contractor shall at all times coaduct his operation and the use of construction machiaery so as not to damage or destroy trees and shrubs located in close proximity to oz on the site of the work. Whezevez any such damage may be done, the Contzactor shall immediatel� �atisfy all claims of property owners, and ao paymeat vill be made by the O�ner in settlement of such claims. The Contractoz �hall file Kith the Engineer a written statement abowiag all sucb claims adjusted. C6-6.5 PRIVILEGES OF CONTRACTOR II�] STR��TS. ALLEYS. AND RIGHT-OF-i�AY: For the pezformance of t e contract, the Contractor will� be permitted to use and occupy such portions of the public streets aad alleys, oz othez pnblic places or other rights-of-way as pzovided foz in the ordiaances of the City, as shoWn in the Contract Documents, or as may be specifically authozised in writinq by the Enqineer. � reasonable amount of tools, materials, and equipmeat for construction purposes may be stored ia such space, but no more than is necessary to avoid delay ia tbe constructioa operations. Excavated ana Waste materials shall be piled or stacked in such a way as not to iaterfere Mith the use of spaces that may be designated to be left free and nnobstructed and so as not to iaconvenie�ce occupants of adjacent property. If the street is occupied by railway tracks, the �vork shall be C6-6 (3) 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 speeified in the Special Contract Documents, or the use of explosives is requested, the Contractor shall submit nctice to the Engineer in wrriting twenty-four hours prior to commencinq and shall f uraish evidence that he has insurance coverage tc protect against any damages and/or injuzies azisinq out of such use of explosives.� . Al1 claims arfsing out of the use of explosives shall be investigated and a Nritten zeport made by the Contractoz's insurers to the Engineer within ten (10) days after receipt of �rritten notice of the elaim to the Contractoz from either the City or the claimant. The City shall pzoceed to give notice to the Contsactor of any such claim. The use of explosives may be suspended by the Enqineer if any complaint is received and such use shall not be zesumed until the cause of the complaint has been addressed. ivhenever explosives are stozed or kept, they shall be stored in a safe and secure mannez and all storage places shall be plaialy marked •DANGEROIIS EXPLOSIVES• and shall be nader the care of a competent watchman at all times. �11 vehicles ia Mhich explosives are being transported shall be plainly marked ac mentioned above and shall, inzof ar as possible, aot use heavy traffic routes. C�6-6.10 i40Rl� iPITHIp EASEMENTS: i9beze the vork passes over, throuqb, or iato private proper�y, the Ow�ner will provide sucb sight-of-way oz easement privileges as the City may deem necessary for the prosecution of the Mork. Any additioaal rights-of-pay or work area considered necessary by the Contzactoz shall be provided by him at his own expense. Sucb additioaal rights-of-pay or vork area �hall be acquized for the benefit of the City. Th� City sball be notified in wri ting as to the rights so acquired befoze xozk beqins ia the affected area. The Contractor shall not enter upon private property for any purpose without having pzevion�lp obtained permission fro� the o�vrier of such property. The Contractor will not be allowed to store equipment or material on private pzaperty unless aad until the specified approval of the pzoperty owner has been secured ia writiag by the Contractor and a copy furnished to the Engineer. Dnless specifically provided otherwise, the Contractor �hall clear all sights-of-way or easements of obstzuctions NhicS 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 8ha11 uBe C6-6 f6) •,, � � � The Contractor will not zemove any zegulatory 6ign, instructional siqn, street name sign, oz cther sign which has - been erected by the City. If it is determined that a sign must be removed to permit zequired construction, the � Contractor shall contact the Transportntion and Public Works department, Signs and Mnrkings Division (phone number - 8780-8075), to remove the sign. In the case of regulatory � _ signs, the Contractor must replace the pezmanent sign with a tempczary sign meeting the tequizements of the above . referenced mnnual and such temporary siqn must be instnlled � prior to the removal of the permanent sign. If the temporary sign is not installed corzectly or if it does not meet the � required specifications, the permaneat sign shall be left in place until the temporary sign requizements are met. When '`" construction Work is completed to the extent that the � permanent'sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to ze-iastall tbe � permanent sign and shall leave his tempczary �iqa in place until such re-installation is completed. The Ccntractor will be held responsible for all damage to the � work or the public due to failure of barricades, siqns, fence8, lights, or �atchmea to pzotect tbem. i4henever evidence is found of such damage to the wozk the Engineez may � order the damaged portion immediately zemoved and zeplaced by the Contzactor at the CoAtzactot's ow� expease. Tbe Contractor's responsibility for the maintenance of barricacles, � signs, fences nnd lights, and foz providing Watchmen shall not cease until the pzoject shall hnve been completed and accepted � by the Oanez. No compensation, except as specifically provi�ed ia these Contract Documents, will be paid to the Contractor f or the Work and materials involved in tbe constructiag, pzovidiag, and maintaiaing of barrica�es, sigas, fences, and lights or f or salaries of watchmea, f oz the subsequent removal and disposal of such barricades, aiqas, or for anp otber incidentals necessary f or the proper protection, snfety, and convenience of the publfc duzing the contract period, as thi8 Work is considered to be subsiaiary to the several items for which unit or lump sum prices are requested in the Proposal. '�"; C6-6.9 DSE OF EXPLOSIVES� DROP iPEIGHT� ETC.; Should the Contractoz elect to use expl sives, arop weiqht, etc., ia the r-� prosecution of the work, the utmost care shall be eacercised at all times so ae not to en8angez life or pzoperty. The� ' Contractor shall notify tbe proper repzesentative of any � public service corporation, aay compaay, i��ividual, or utility, and the Owner, not less than tWenty-f our hours in T'� � C6-6 (5) t'`? proposal. Therefoze, nc separate payment shall be allowed f oz any service associated with this work. In case of failure on the part of the Contrnctor to zestore such pzoperty 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 zesults, proceed to repaiz, rebuild, oz otherwise restore such property as may be �etermined by the Owner to be necessary, and the cost thereby will be deducted fzom�any monies due or to become due to the Contractoz under'this Contract. C6-6.11 IN�FPENDENT CONTRACTOR: It is understood and aqreed by the pazties hereto t�at Contractor shall pezfozm all vork and sezvices hereuader as an independent contractor, ana not as an officez, agent, sezvant oz employee of the Ownez. Contractoz shall have exclusive control of and the exclu6ive riqht to control the details of all the Wozk and �ervices pezformed hereunder, and all persons performing same, aDd shall be solely zesponsible for the acts and omission� of its officers, agents, servants, employees, contraetor�, subcoatzactors, licensees and invitees. The doctzine of zespondeat superior shall not apply as betweea Ownet aad Contractor, its officers, agent�, employees, coatractors aad subcontzactor�, and nothinq herein shall be construed as creating a pnrtnership or jofat entezpriae•betveen Owner and Contractoz. C6-6.12 CONTRACTOR'S RESPONSIBILZTY FOR DAMAGE CLAIMSs Contractor covenants a�d aqrees to, and does bereby indemaif y, hold harmless and defend Owaer, its officers, agentr, sezvants, and employees from and against any an all claima or suits for propezty damage or loss and/or personal injury, including death, to as�y and all persons, of ahatsoevez kind oz character, Nhetbez teal or asaezted, arisinq ont of or in connection with, directly oz indirectly, tbe rrork aad aervices to be perf ormed hereundez by Contractoz, its officers, aqents, employees, contractors, aubcontzactors, liceaeeec or invitees, wh�ether or not caused, in Mhole or ia part, by alleged negligence oa the pazt of officers, agents, �ervants, employees, contractors, subcontractor�, licensee� ana invitee� of the Ownez; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, it4 officers agents, servants and employees for property damage oz loss, and/or personal injuries, includinq death, to any and all persons of whatsoeve= kind or cbaractez, Mhether real or asserted, arising out of or in coanection Mith, dizectly oz indirectly, the work and services to be performed �ezeu�der by Contractor, its officers, aqents employee�, contractors, subcontractors, licensees and iavitees, Whether or not cnused, C6-6 (8) � �. � �evezy precaution to pzevent damage to all trees, 6hzubbery, � plants, lawns, fences, culverts, curbing, and all othez types � of structures or impzcvements, to all water, sewer, and gas �, lines, to all conduits, ovezhead pole lines, or appurtenances � thereof, including the construction of temporary fences, and � to all other public or pzivate property along adjacent to the � work. M The Contractoz shall notify the propez repzesentatives of - oWners oz occupants of public or pzivate lands or interest in lands which might be affected by the work. Such notice shall � be taade at least 48 hours in advance of the beqinninq of the work. Notices shall be applicnble to both public nnd pzivate utility companies oz any corporation, company, individual, oz � other, either as oWners or occupants, Whose land or intezest in land might affected by the Wozk. The Coatzacto= shall be � responsible foz all damage or injuzy to property of any chazactez resultinq fzom any act, omission, neglect, or � misconduct in the manner or method oz execution of the �,rozk, oz at any time due to defective work, material, or equipment. when and where any direct or indirect oz injuzy is aone to public oz private property on account of any act, omission, neglect, oz misconduct i� the execution of the vdr�, or in coasequence of the non-execution thereof on the part of the Contractor, be shall restoze or have zestoreII at his owa cost and expense such property to a condition at least equal to that existing before such damage oz injury was doDe, by repairing, zebuilding, or otherwise replaciaq and restoring as may �� dizected by tbe Owner, oz he shall make good such damages or injury in a manner acceptable to the ovnez of the property and the Engineer. All f ences encountezed and removed durinq construction of this pzoject shall be restored to tbe original oz a better than ozigiDal.condition upon completion of this project. When wire fencinq. either Nire mesh or barbed Mire is to be czossed, the Contsactor shall set cross braced posts oa either side of pezmanent ease.ment bef ore the f eaoe is cut. Should additional fence cuts be necessary, the Contractor shnll provide cross braced posts at poiat of the pzoposed cut in addition to the cro6s-braced posts provided at the permanent easement6 limits, before the fence ia cnt. � Temporary fencing shall be ezectei! in place of th� zemoved wbenever the work is not ia proqress and site is vacated overniqht, and/oz at all times t� livestock from enteriag the construction area. The fence removal, temporazy closures and replaceaneat subsidiary to the vazious items bid in tbe : f encinq when the � prevent cost for shall be project � C6-5 (?) � expization of the six month period the Director may zecommend that final payment be made if all othez wozk has been performed and all othez obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropziate, refuse to accept bids on othez Water Department Contzact work from a Contractoz against whom a claim foz damages is outstanding as a result of . work pezformed under a City contract. C6-6.13 f'�NTRACTOR'S CLAIM FOR DAMAGES: Should the Contzactor claim compensation foz any alleged damage by zeason of the acts or omissions of the Owner, he shall �vithin three days after the actual sustaining of such alleged damage, make a wzitten statement to the Engiaeez, setting out in detail the nature of the allegea damage, and on oz before the 25th day of the month succeeding that in �+hich any such damage is claimed to have been sustained, the Contzactor shall file with the Engineer an itemized statement of the detnila and amount of such alleged damage and, upoa request, shall qive the Engineer access to all books of account, zeceipts, vouchers, bills of ladinq, and othez books or papers containinq auy evidence as to the amount of such alleqed damage. Unless such statements shall be filed as hezeinabove zequized, the Contractor's elaim f or compeasation shall be waived, and be �hall aot be entitled to payment on account of such damaqes. C6-6.14 ADJDSTMENT OR RELOCATION OF PIIBLSC IITILITIESt EZ'C.: In case it is necessary to chanqe, move, oz alter ia any mnnnez the property of a pnblic utility or others, tbe said property shall not be moved or iaterfezed vith until orders thereup on have been iasued by the Engineez. The riqht is reserved to the oNner� of pnblic utilities to enter the geographical limfts of tbe Contract for the purpose of makinq such changes or zepairs to their property that may be necessary by the perfozmance of this coatract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: i�4bea existfng sewer lines have to be takea up oz removcd,�tbe Contractor shall, nt his own expense and,cost, pzovide and maintain temporary outlets and connectioaa for all private or public drains and sewers. The Contzactor sball also take care of all sewage and drainage wrhich will be received from these draina and sewers, and for this purpose he ��hall pzovide and maintain, at his oWn cost and expense, adequate pumpinq facilities and temporary outlets oz diveraions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structuzes necessary, and be pzepazed at all times to dispose of drainage and seWage C6-6 (10) �� r Y'� � in whole or in pazt, by alleged negligence of officers, 1� agents, servants, employees, contractozs, subcontractors, ■ 'liceneees or invitees of the �wner. Contractor likewise ` covenants and agrees to, and does hereby, indemnify and hold � harmless Owner from and against any and all injuzies,loss or damages to property of the Owner during the performance of any - of the terms and conditions of this Contzact, whether arising out of oz in connection with or resulting fzom, in Whole oz in � part, any and all alleged acts or omissions of officers, > agents, sezvants, employees, contractors, subcontractozb, licenses, or invitees of the Ownez. � r�`' ,� In the event a wzitten claim foz damages aqain6t the contractoz or its subcontractozs remains unsettled at the time all Work on the project has been completed to the satisfaction of the Dizectoz of the watez Department, as evidenced by a finnl inspection, final pnyment to the Contractor shall.not be zecommended by the Dizector of the watez Department foz a period of 30 days aftez the date of such final inspection, unless the Contractot shall submit �vzitten evidence satisfactory to the Directoz that the claim has been settled and a release has been obtained from the claimant involved. If the claim concezneQ zemains unsettled as of the e�cpiration of the above 3a-dny peziod, the Contractor may be deemed to be entitled to a semi-finnl pnyment for Work completed, such semi-final payment to be in an amount equal to the tctal dollar nmount then due less the dollaz value of any Mrzitten claims pending against the Contzactor azising ont of the performance of such �rork, and such semi-final pnyment may then be recommended by the Directo=. � The Director shall not recommend final payment to a Contzactor against whom such a claim for damages is outstandinq for a period of six months following the date of the acceptance of f'�� the Work pezformed unless the Contractoz submit6 evidence in e writing satisfactory to the Director that: l. The claim bas been settled and a release has been obtained fzom the claimant iavolved, o= 2. Good faith efforts have been made to settle such outstanding claims, and sucb qood faith efforts have failed. � If condition (1) above is met at any time withia the six month '�° period, the Disector shall recommend that the final paymeat te the Contractor be made. If condition (2) above is met at any -M'� time within the six month pe=iod, the Dizector may recommend :,� that the final payment to the Contractor be made. At the _�'! �' ■� C6-6 I9) � thezecf by actioa of the elements or from any cause Whatsoever, whether arising from the executio� or nonexecution of the work. The Contractor shall zebuild, repaiz, zestore, 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 WAZVER OF LEGAL RIGHTS: Inspection by the Enqineer or any order by the Owner by payment of money or aay payment foz or acceptance of any work, oz �any extension .of time, or any possession taken by the City shall not opezate as a waivez of any pzovision of the Contract Documents. Any waiver of aay. 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 discovezed in any estimate that may have been paid aad to adjust the same to meet the zequirements of the Contzaet Docua�eats. C6-6.20 PERSONAL LZABILITY OF PUBLIC OFFICIALS: In carryinq out the provision�� of these Contract Documents oz in exercising any powez of authority qrantcd tbereunder, there shall be no liability upon the authozized repzesentatives of the Ownez, either personallp or otherwise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awazded by the City of Fort worth, an organizatioa Mhicb qualifiea foz exemption puzsuaat the provisions of Article 20.04 (8) of the Texas I.imited Sales, exeise, and Dre Ta: �ct, the Contzactor may purchase, rent ot lease all matezials, supplies and equipment used or consumed in the performance of this contzaet by issuing to his suppliez an exemption ceztificate ia lieu of the tas, said exemption certificate to comply with State Comptrollez's Rulinq .007. l�ny such exemption certificate issued by the Contractor in lieu of the tax shall be subject to an3 shall comply �ith the provisions of State Comptroller's Rulinq .011, aad any other applicable State Comptzoller rulinqs pertaining to the Texas Lfmited Sales, Escise, aad D�e Tax Act. On a contract awarded by a developer for the construction of a publicly-owned improvement ia a street zight-of -way or other easement which has beea dedicated to the public and the City of Fort Worth, an organizntion Nhicb qualifies f or exemptioa pursuant to the provisions of Article 20.04 tH) of the Texas limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. C6-6 fl2) �` � zeceived fzcm these temporary connections until such'times as � the permanent connections are built and are in sezvice. The � existing sewers and ccnnections shall be kept iA service and - maintained under the Contzact, except whea specified or � ordered tc be abandoned by the Engineer. All water, sewnge, �, and other waste shall be disposed of in a satisfactory manner 1� so that no nuisance is created and so that the work under construction will be adequately protected. C6-6.16 ARRANGEMENT A.�D rHA,R�ES FOR WATER FIIRNISHED BY THE �_: When the Contractor desires to use City watez ia connection with any construetion Wozk, he shall make complete and satisfactory arzangements with the Fort worth City Water Department foz so doing. '� City vnter furnished to the Coatractor shall be delivered to �p the Contzactor from a connection on aa existing City main. All piping required beyond the point of delivery shall be ,, installed by the Contractor at his owt� e�cpense. ' The Contzactor's responsibility in the use of all existinq fize hydrnnt and/oz valves is detailed in Section E2-1.2 DSE � OF FIRE EYDRANTS AND VALVES in these Geaeral Contract y Documents. �� When meters are used to measure the �ater, the charge6, if � any, for �atez �rill be at the regular established ratea. i�hen meters aze not used, the charges, if any, will be as presczibed by the City Ordinance, or where ao crdinance �I applies, payment shall be made on estimates and rates � established by the Director of the Fort i4orth watez Department. C6-6.17 DSE OF A SE�I0�1 OR PORTION OF THE iPORlC: i�Q'henever, in the opinion of the ngineez, any sectioa or portion of the work or any structure is in auitable ccndition, it may be put into use upon the writtea or8er of the Engineer, aad such usage shall not be held to be in any way an acceptance of said Work or structure oz any part thereof or as a Maiver of any of the pzovisions of these Coatract Documents. 7�11 necessary repairs and removalc of aay sectio� of tbe vozk so put into use, due to defective materials or workmanship, equipment, or to deficient operations on the.part of the Contractoz, shall be performed by the Contzactor at his own expense. C6-b.18 CONTRACTOR'B RESPONSIBILITY FOR THE _i�ORlC: Dntil written acceptaace by the Owaer as px�ovided �or in theee Contract Documeats, the work shall be under the charge and care of the Contractor, and he shall take every aecessazy precaution to preveat injury or damage to the work or any part . C6-6 (11) �� i I.imited Sale, Excise and Use Tax permits nnd information can be obtained from: Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX � � 0 0 �� :� � . C5-6 (13) L�' _� � ;.,, pzosecuting the work and ordering materials and equipment which he expects to follow in ordez to complete the project in the scheduled time. There shall also be submitted a tnble of estimated amounts to be earned by the Contractor duzinq each monthly estimate period. The Contractor shall commence the Work to this contzact within the time limit stated ; Documents and shall conduct the wozk in a and with sufficient equipment, matezials. necessary to insure it� completion withia the �e perfozmed under n tt,ese Contract continuous mannez and labor as i� time limit. The sequence requested of all constzuction operations shall be at all times as specified in the Special Contract Document6. Any deviatioa from scub tequencinq shall be submitted to the Engineez for bis appzoval. Contractor shall not proceed with any deviation until he has zeceived wzitten approval from the Engineer. Such specification or appzoval by the Engineer shall Aot zelieve the Contractor from the full responsibility of the complete pezformance of the Contract. The contract time may be C7-7.6 "Eztensioa of Tim and a proqrese contract time. schedule changed only as set forth in Section e of Completioa' of tbis Aqreement, �hall not consLitnte a change ia the C7-7.4 LIMITATIONS OP OPERATIONS: Tbe Morkiag operationt 6hall at all times be conducted by the Coatractor so as to create a minimum amount of inconvenieAce to the publie. At any ti� when, in the judgment of tbe Engineez, the Contractot has obstzucted or closed oz is carryinq oa opezation� fn a portion of a street or public May qreater than ia necessary f or the proper execution of tl�e�aork, the Eaqineez may zequire the Contractor to fiaiah tbe �ectfoA oa whicb operations are in pzoqrees before the work is commeaced on aap additional section or �treet. C7-7.5 CHARACTER OF WQRlCMEN AND �II��I�NT: Local labor �hall be used by the Contrac�,oz i� availa e. The Contractoz may brinq in from outside tbe City of Fort iAorti� his key mea and his superintendent. All other MorkIDea, includfag eqnipment operatozs, may be imported only after the local �upply is exhausted. The Contractor shall employ only Qucb superintendents, foremen, aaS workmen vho are careful, competent, and fully qualified to perf orm the duties or tasks assigned to them, and the Engineer may demapd and secure the su:amary dismissal of aay pereon or persons employed by the Contractor in or about or on the vozk who, in the opinion of the Owner, shall misconduct himself or be found to be incompetent, diszespectful, intemperate, dishonest, or C7-7 (2) . f � . P � ,.� � � � PART C - GENERAL CONDZTIONS C7-7 PROSECUTION AND PROGRESS � SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.1 SDBLETTING: 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 thnn fifty (504) percent of the value embraced in the contract. If � the Contzactoz sublets any pazt of the work to be done under these Contzact Documents, he aill not under any cizcumstances be relieved of the zesponsibility and obligation assumed undez � these Contract Documents. �11 transactionc of the Engineer will be With the Contractor. Subcontractors Will be considered only in the capacity of employees or workmen of the Contractor ana shall be subject to the same requirements as to t'�° character and competency. The Owner will Aot recognize any �; subcontractor on the Work. The Ccntractoz shall at all times, when the work is in operation, be zepzesented either in per8on � or by a superintendent or othet designated repzesentatives. � �7-7.2 ASSIGNMEIVT OP CONTRACT: The Con�ractor shall not assign, transter, sublet, coavey,�oz otherwise dispose of the � contzact or �is zights, title, or intezest in or to the same or any parL thereof xithout the previous consent of the OWnez expressed by zesolution of the Citp Council and concurred in �, by the 8ureties. If the Contractor does, pithont auch previous coaaent, a�siqn, tzansfez, sublet, convey, oz otherxise dispose of the contract or his zight, title, oz interest therein oz any part thereof, to aay person or persons, partaership, company, firm, oz corporation, or does bp baakruptcy, voluntary or involuntary, or by assignment under tbe insolvency laws of any state, attempt to dispcse of the contract may, at the option of the Owner be revoked and annulled, unless the Suzeties shall succesefully complete said contract, and in tbe event of any such zevocation oz annnlment, any monies due or to become due undez or by virtue of said contract shall be retained by the Owner as liquidated damages f or the zeasoa that it vould be impracticable and extremely� difficnit to fi: the actual damages. �� C7-7.3 PROSECOTION OF THE i90RlC: Prior to beginninq any �. construction operation, the Coatractor shall submit to the Engineer in five or more copies, if requested by tbe Engineer, ��r, a progress 8chedule preferably in chart or diaqram form, or a �; bzief outlining ia detail and step by step the manaer of r� � c7-7 ci� i� C7-7.7 TIME OF COMM,£r1rF�F+NT ANn COMPLETION: The Contractvr shall commence the��working� opei�ations within the time specified in the Contract Documeats and set forth in the Work Order. Failure to do so shall�be considered by the Owner as abandonment of the Contract by the Contractoz and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will inaure that the whole work will be performed and the premises cleaned up ia accordance with the Contzact Documents and wit�iin the time establfsh�d in such documents and such extension of time as may be propezly authorized by the Owner. C7-7.8 FX�'�;NS�ON OF TII� CO LETION: The Contraetor's request for an extension of time o� completion shall be considered only When the request foz such extension is submitted in priting to the Engineez within seven days from and af ter the time alleged cause of delay �hall have occurzed. Should an extension of the time of completion be requested such request Will be forwarded to the City Council for approval . In adjustfng the contract time for completion of vork, consideration will be given to unforseeable causes beyood the control of and without the fanit or negliqence of the Contractor, includinq but limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embazqoes, oz delays of sub-contractor6 due to such cnuses. When the date of completion is based oa a calendaz 8ay bid, a request for extension of time because of inclement weather will not be considered. l► requeat for extension of time due to inability to obtain supplies and matezial� vill be considezed only when a review of the Contzactor's puzchase order dates and other perLinent data a� zequested by the Engineer indicates thnt tbe CoAtractor has made a bonafide attempt to secure delivery on achedule. Tbis shall include efforts to obtain the supplie� and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of tbe contract ehould require work and materials in qreater amounts or quantities than those set forth i� the approved Contract Documents, then the contract time may be increased by Change Order. C�-7.9 DELAYS: The Contractor shall receive no compensation f� delays or hindrances to the work, except when direct and u �voidable extra cost to the Contractor i8 caused by the failuze of the City to provide information or material, if C7-7 (�) � � � � � ',� � � � othezwise objectionable or neglectful in the pzcper pezformance o: his or their duties, oz who neglects or refuses to comply with oz cazzy out the dizections of the Ownez, and such person or persons shall not be employed again there on without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to propezly 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 neces6ary foz pzosecution of the work in an acceptable mannez and at a satisfactory rnte 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 tbe Engineer and shall be maintaiaed in a 6atisfactory, safe and efficient Working condition. Equipment on any portion of the work shall be such that no injury to the Mork, workmen or adjacent property will zesult from its uae. C7-7.6 WORR S��ED�S�E: Elapsed Working days shall be computed �tart�?�g wi�� irs� ��,� of Wezk com�?��ted as defined �n C1-1.23 "WORRItJG DAY' or �he date stipuiated in �F�e "WOR� �RDER" for beginninq wozk, whichever comes firet. Nothing in these Contract Documents shall be con6trued as � prohibiting the Contractor from wazking on Satuz�day, Sunday os Zegal Holidays. providiag that the followinq requirements aze met: � a. A request to vrork Zegal Holiday must than the proceediag on a specifie Saturaay, Sunday or be made to the Engineez no later Thursday. � � � � � `y1 b. Any vork to be done on the project on such a specific Saturday, Sunday or Legal floliday must be, in the opinion of the Engineer, essentinl to the timely completion of the project. The Engineer's decision shall be final ia response to such a request for approval to work on�a epeci•fic Satnrday, Sunday or Legal eoliday, and no extra compeasation shall be allowed to the Centractor for any vork performed on �uch a specific Snturday, Sundny or I�egal Holiday. Calendar Days shall be defined in C1-1.24 and the Contractor mny work as he so desires. C7-7 f3) � S 500,001 to S1,000,001 to 52,000,001 and ovez S1,000,000 inclusive S 315.00 52,000,000 inclusive S 420.00 . � 630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult of accurate estimation, and that the 'Amount of Liquidated Damages Pez Day", as set out above, is a reasonnble forecast�of just compensation due the City foz harm caused by any delay. ��'� �_��•� ��S➢FN�SSON BY COORT ORDER: The Contractoz 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 ordez. Neithez will he be liable to the City in the event the work is suspended by a Court Order. Neithez will the OWner be liable to tbe Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEM QRARY IISPENSI QN: The Ownez shall have the zight to suspend the Woz� operaticia vholly or in part for such p eriod or periods of time as he may deem necessary due to unsuitable weather conditioa� or any otdez uafavozable conditions Nhich in the opinion of the Ownez or Enqineer cause further prosecution of tbe Work to be uasatisfactory or detrimental to the iaterest of the project. Duzinq temporary suspension of Work covered by this contract, for any reason, the Owner will make no extra payment for �tand-by time of construction equipment and/or constructioa czews. Zf it should become necessary to suspend work for an indefinite period, the Contractor shall stoze all materials ia such mannez that t6ey vill not obstruct or impede the public unnecessarily nor become da:mged in any way, and he shall take e very precaution to prevent damage or detezioration of the work performed; he shall provide suitable drafnaqe about the work, and erect teenporazy structures where necessary. S hould the Contractor not bs able to complete a portion of the project due to causes beyond the control of and without the fault or negliqence of the Contractor as set forth ia Pazagraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be detezmined by mutual consent of the Contractor and the Enqineer that a 8olution to allow construction to proceed is not available within a reasonable pezi�d of time, then the Contzactor may be reimbursed f or the cost of moving his equipment off the job and returninq the necessary equipment to the job When it is determined by tbe EAgiaeer C7-7 (6) � �. � 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 a ' Council for final approval�ord disapprovaled and the action � thereon by the Council shall be final and binding. If delay �' is caused by specific orders given by the Engineers tc stop work, or by the performance of extra work, oz by the failure � : of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle Lhe Contractor to an equivalent extension of time, his application for which shall, howevez, be subject to the approval of the � City Council; and no such extension of time shall release the ''"" Contractor or the suret on his y periormance bond from nll his obligntions hezeunder which shall temain in full force until '""� the discharge of the contract. � � C7-7.10 TIME OF COM LETION: The time of completion ia an essential element of ��e contract. Each bidder shall indicate in the appzopriate place on the last page of the Proposal the number of working days or calendnr days that he wf 11 ze�uire to fully complete this contract or the time �f completion will be specified by th� City in the Proposal sectien of the cor.�r�ct da��,�e�n�s. � The numbez of days indicated shall be a realistic estimate of � the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the � successful bidder or the City vill become the time of ; completion specified in the Contzact Documents. For each calendar day that any Mork shall remain nncompleted � after the time specified in the Contract Documents, or the � increased time gzaated by the Owner, or as automatically increased by additional Mork or matezials ordered af ter the �.�, contract is signed, the sum per day given.in the followinq � schedule, unless othezwise speeified in other partc of the Contract Documents, will be de8ucted from monies aue the �, Contractor, not as a penalty, bnt as liqnidated damaqes , � suffered by the OMmer. M L � AMOUNT OF COt1TRACT Less $ 5,001 to S 15,001 to S 25,001 to S 50,001 to S 100,001 , to than $ 5,000 S 15,000 $ 25,000 S 50,000 $ 100,00� S 500,000 C7-7 t5) iaclusive inclusive inclusive inclnsivz inclusivs iaclusive S $ S S S $ 35.00 15.00 63.00 105.00 154.00 210.00 �'� � b• Substantial evidence that progress of the work operations by Contractor is insufficient to complete the work within the specified time. �• Failure of the Contrsctor to provide and maintain sufficient labor and equipment to propezly execute the working operations. d• Substantial evidence that the Contractor has abandoned the work. � �• Sub6tantfal 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 Contractoz to observe any requirements of the Contract Documents or to complp with any orders given by the Enqineer or �wner provided for fn these Contr3ct Documents. 9• Failure of the Contractor�promptly to make good any defect in materials or �►orkmanship, or any defecta of any aature the correction of Mhich has been directed fn xritinq by the Engineer or the O�wr�er. 6. Substantial evidence of collusion foz the purpose of illegally procurinq a contract or perpetrating fzaud on the City in the construction o: work undcr contract. i. 1� snbstantial indieation that the Contractor has made an unauth�rised assiqnment of tbe contract or any fundB due therefrom for the benefit of any creditar or for any other purpose. j• k. If the Contract�r shall for any cause vhataoever not carry on tbe �rorkiag operation in an acceptable manner. Zf the Contractor commences leqal actior� agaia6t the Owner. a copy of the suspension order or action of the City Council ehall be served on the Contractor's Sureties. Whea vork is suspended for any cause oz causes, or wbea the co�tract is cancelled, the Contractor shall discontinue the work oz such part thereof as the Owner shall designate, vhereupon the Sureties an3y, at their option, assume the contract oz that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the sa�ae or may, Kith the written C7-7 (6) � � � .. � � � � , � , � . � . � � thet constr�ction may be r�sume3. Such reimbursement shall be ba�ed on act�al cost to the Contractor �f movin� the eqiipment and ao profit �ill be allowed. No reimbursement shxll be allowed if the e�uipment is mov�d t� another construction pr�ject for the City of Fort �lorth. The Contractor shall not suspend work without written noticP from the Engineer and shall proceed with the wozk operations promptly when notified by the Engineet to 6o resume operations. �7-7.13 TFRMINATION OF CONTRACT DUE TO NATIONAL EMERGEN��: �lhenever, 5ecause of N�tional Emergency, so declazed �y t e President oE the Uni�ed Statee or other lawful authority, it becomes irapossible for the Contractor to ebtain all of the necessary laboz, materials, and equipment for the prose�ution oi the vork with reasonable continuity for a p_ziod of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the eFfotts which have been made and listing all necessary itzms of labor, materials, and �quip�nent aot obtainable. If, aftez inv��tigaL,�ons, the Ownez finds ttaat such conditions existing �.��.� :.ha�� ;.3�� li�LiJ�:�.�y of �h� ��r4��b bo p�o�ee� ia hc� a�tributable in Whole or in part to the fault ot neglect of the Contract, then if the Owner cannot after reasonable eff ort assist the Contractor in pzocuring and making available the necesaary labor, raaterials and equipment within thirty days, the Contractor may request the Ownez to terminat� the coetr3ct and the �wn=r may cernply with the request, and the teratination shall be conditioned and base� upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accocdan�s With the t�rme of thz agreed set�lement, which shall include, but not be limite� �a, the payment for all �rork exe�utPd but no anticipate3 profits on work �rhich has not been performe3. C7-7.14 SUSPENSION OR ABANDONi�'�NT OF THE_WORR AND ANNULMENT OF CONTRACT: T!�e w�rK opPtations on a11 ar aay portioa oz section of the work under Contr3ct shall be suspended immediately on writ�en order of th� Engineer os Lbe Contr3�t m3y b� ci?�lared cancellp� by t:�e. City Council for a�y good an3 sufficient cause. The followiaq, by way of exampl�, but not oE li�nitation, raay be consi3�zed qraunds ior �uspPnsion or �ancellation: _ �. Failure of the Contracter to comeaenc� Work operations Within the time specified in the W�zk .�r3er issued by the �wnec. . C7-7 t7) 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 nF TFiE OWNER: A. NOTICE OF TERMINATION: The performance of the work under this contract a�ay be tezminated by the Ownez in whole, or from time�to time ie part, in accordaace with this section, whenever the Owner shall determine that such termination is ia the best intezest of the Ownez. Any such termination shall be �ffected by mailinq a notice of termination to the Contractor apecifying the extent to which performance of work uader the contract is terminated, an3 the date upon Which such termination becomes effective. Receipt of the notice shall be deemed conclusively presum_d and established when the letter is placed in the Dnited States Mail by the Ownez. Furthez, it shall be deemed conclusively presumed aad established that auch termination ia made wfth just cause as therein stnted; and no proof ia any claim, demand or suit shall be zequired of the OWner regardiaq such discretionary action. B. �ONTRACTOR 7�CTZQN: �►fter receipt of a notice of ermiaation, aad except ac othezwise directed by the Engineer, the Contractor shall: 1. Stop �ork under the contract on the date and to the extent specified in the notice of terminatioA; 2. place no furthez orders or subcontzacts for materials, services or facilities except aa may be necessary for completion of such portion of the vork un8er the contract a� is not terminatea; - 3. terminate all order� and subcontracts to the extent that they relate to the perf ormance of work terminated by the notice of terminatioa; 4. transfer title to the manner, at the if any, disected by the Owner and delivet in times, and to the extent, tbe Engineer: C7-7 t10) � �, consent of Lhe Owner, sublet thp work or that portion of the work as taken ov�r, pravided howevpr, that the Sure�ies shall �, exercise theiz opti�n, if at all, within two weeks after the � written n�tice t� discontinue the wozk has been served upon the Contr$ctor 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 pa:d by the �r� Owner for all work pezformed by them in accerdance with the terms of the Contzact Documents. All monies zemaining due the �. `ontractor at the time of this default shnll thereupon become " due and payable to the Sureties as the wozk progr�sses, subject to all of the terms of the Contract Documents. ''' In case the �ureties do not, within the hezeinabove specified '' time, exercise their zi�ht and option to a�sume the contract � respensibi'lities, or Lhat portion thereof Which the Owner has ozdezed by the Centractor to discontinu�, then Lhe Ownez shall �r have Lhe power to complete, by contract or otherwise, as it may determine, t:�e work herein described or such part thsreof � as it may deem nec�ssazy, and the Contractoz her�te agr�es � that the Ownez shall have the zight to take possession of and use any materials, plants, tools, equipment, supplies, and � property of any kind provided by the Contractoc for the purpose of carrying on the work and to procure other tools, �; equipment� �aaterials, labor and proper¢y £oz the �ompletion of the �ozk, and to charge t� the account of the Contzactor of � said contract expense for labor, raaterials, toolt, equipment, � and all expenses incidental thereto. The expense so charged shall be dedu�ted by the �wner from such monies as may be due � or may become due at any time thereafter to the Contzactor '�, u�der and by virtue of th� Contract ar any part thereof. ThP �'' Owner shall not be required to obtaia the loWest bid for the work completin� the contract, but the expense to be deducted � shall be the actuel cost of the owner of such wor�c. Zn case such expenses shall exceed the amount which Wou18 have � been payable under the.Contract if the sasne had been compl2�ed by the Contractor, then the Contractor and his Sureties sha�l pay the amount of such excess to the City on notic� from th� Owner of the excess due. When any particular part ai the wor�c � is being carried on by the OWner by contract or otherwis� under the provisions of this se�tion, the Contractor shall continue the remaindet of the work in conformity with the � terms of the Contract Documents ana ia sncb a manner as to not hi:�dez or interfere with performance of the work by the Owner. C7-7.15 FOLFILLMENT OF CON��tACT: The Contract will be consid�red as having been �uifilled�, save as pr�vided in any bond or bonds or by law, vhen all the w�rk ana nll sections or parts of the project coverecl by the Contract Documents have � � C7-7 (9) �� D. AMOIINTS: Subject to the pzovisions of Item C7-7.16tC), the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by renson of the total or partial termination cf work pursuant hezeto; provided, that such agreed amount or amounts shall nevez exceed the total contract price as zeduced by the amount of payments otberwise made and as further reduced by the contract pzice of work not terminated. The contract shall be amended accordiaqly, and the Contractor shall be paid the aqreed amount. No amount shall be due for lost or anticipated profits. Nothinq in C7-7.16(E) hereaftez, presczibing the amount to be paid to the Contractor in the event of failure of the Contractoz by reason of the termination of work puzsuaat to this section, shall be deemed to limit, zestrict or otherwise detezmiae or affect the amount or amounts Nhich may be aqreed upon to be paid to the Contr�ctor pursuant to this paraqraph. E. FAZLIIRE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16 (D) upoo the �hole amount to be paid to the Contractor by reason of the termination of work pursuant to this section the Owner ahall determine, on the basis of information available to it, the amcunt, if any, due to the Contractor by reason of the termination aad sball pay to the Coatractor the amounts determined. �o amouat �hall be due for lost or anticipated profits. �. DEDOCTIONSs I.n azriviaq at the amount due the con�ractor under thi� sectioa, there shall be deducted (a) all ualiquidated advaace or other payments on account tberetofore made to the Contractor, applicable to the terminated portion of this contract; Ib) any claim which the Owner may have aqainst the Contractor ia connection with this contract; and (c) the agreed price for, or the proceeds of sale of, any materials, supplies or other thiaga kept by the Coatractoc or �old, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. ADJIISTMENT: If the termiaation 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 far an C7-7 tl2) � I� , � � � 5. a• the fabricat�3 or unfabricated part�, wozk in pro�ess, compl�ted wozk, suppli�s and other material produced as a part of, or acqui�ed in connection With the performance of, the work t�rminated by the notice of terminaticn; and b. the completed, or partially complet�d plans, drawing5, information a�d other property which, if the contznct had been completed, wos13 have been zequired to be furnished to the Owner. complete as shall notice of performance of such parL af the work n�t have been terminated by the termination; and 6. take such action as �ay be necessary, or as the Engineer may 8irect, foz the protection and presezvation of the property related to its contract which is in the possession of the Contzactor and ia which the Owr�er has o� may acquire the rest. At a time not later than 30 days ait�r t:�e terr�ination date specified in the no�ice of termination, the Contractor �nay subtnit to the Engineer a list, certified as to quantity and guality, of any oz all items of termination inventory not pzeviously disposed of, exclusive o: item� the disposition of Which has been directed or authorized by the Engineer. Not later than 15 days ther•=after, the Own�r shall accept title to such items pzovided, that the list submitted shall be subject to vezificatioa 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, aad nny necessary adjustmeats to correct thc list as submitted, shall be made pzior to Final settlement. � � C. TERMINATION CLAIM: Within 60 days after notice of termination, the Contractor shall submit his termination claim�te the Engineer in the form and with the certification pres�rfbed by the Engineer. Unless one or more extEnsions in Kri�ing a:2 graeLed by the Own�r upcn request of th� Contractor, made in wziting Kithin such b0-3ay peziod ac authorizea extension thereof, an; and all such claims shall be conclusively deemed waiv•d. C7-7 (11) � � � � � equitnble adjustment of the price or pzices w,� specified in the contract relating to the continued ` portion of the contraci (the portion not terminated „� by the notice of tezmination), such equitable edjustment as may be agreed upon shall be made in � such price ot prices; nothing contained hezein, howevez, shall limit the zight of the Owner and the � Contzactor to agree upon the amount oz 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 contzact price foz such continued portion. S. NO LIMITATION OF RIGHTS: Nothing contained in this �� section shall limit oz alter th� rights Which the �I Ownez may have foz termination of this contract under C7-7.14 hereof entitled "Suspension of � Abandcnment of the work and Amendment of Contract' oz any othez right which Owner may have f or def ault oz breach of contract by Contractor. C7-7.17 SAFETY t��'HQDS AND PRACTICES: The Contractor shall be _ zesponsible for initiatinq, maintaining, and supezvising all saf ety precautions and programs in connection with the wozk at -� all times and shall assume all zesponsibilities foz their � enforce��ent. The Ccntractor shall comply with federal, state, and local � laws, ordinances, and re�ulations so as to protecL person and property f rom injury, including death, or damaqe in connection " with the wozk. � � � � _� '� �... C7-7 (13) �, , �ef ore its final accep tance by the Owner, (except as provided in paraqraph CS-5.14) for all risks of whatever description connected with the pzosecution of the work, for all expense incurred by or in consequence of suspension or discontinnance of such prosecution of the working opezations as hezein specified, or any and all infringements of patents, trademarks, copyrigbts, or othez legal zeservations, and for ��mpleteinq the work in an acceptable manner according to the t�rms of the Contract Documents. Tbe payment of any curreat or partial estimate prior to final acceptance of tbe work by the Owner shall ia no way coastitute an ackn owledqment 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, oz replace at his oan and proper expense any defects or imperfections in the constructioa or ia the strength or quality of the material used or equipment or machinery furnished in or about the construction of the vork under contract and its appurtenances, or any damaqe due oz attzibuted to auch defects, which def ects, imperfection, oz damaqe shall have been discovered oa or before the final inspection and acceptance of work or duzinq the one year quaranty peziod after final acceptance. The OWner ahall be the cole judge of tuch defects, impezfectio�s, or damage, and the Contractor �hall be liable to the Ow�er for failure to correct the same a� provided hereia. C8-B.5 PARTIAL ESTIMATES AND RETAINl,GE: Between the lat and Sth day of each month the Contractoz �shall submit to the Engineer a statemeat shovinq an estimate of the valne of the ti►ork done durinq the pzevfous moatli, or estimate period under the Coatract Documeata. �1ot later thaa the lOth day of the month the EAqineer �ball verify �uch estimate, aad if it i� found to be acceptable and the value of Mork performed aince the last partial payment vas made e�cceeds one hundred dollar� (S1 00.00) in amount, 90• of such estimated sum will be paid to the Contractor ii the total contract amount is less tban S400,000, or 95t of auch ertimated sum Mill be paid to the Contractor if the total contract amount is 5400,000 or qreater within twenty-five (25) days aiter the regular e�ti�ate period. The City will have the optioa of prepazinq eatimates on forms f urnished by the City. Tbe partial estimate may include acceptable nonperishable materials delivered to the work which are to be incorporated into the Mork�as a permanent part thereof, but which at the the time of the estimate have not been installed. (auch payment will be allowed on a basis of 85$ of the net invoice value thereof.) The Contractor shall f urnish the Engineer such iaformation as be may request to aid C8-8 (2) � � � � � ■ � PART C -.GENERAL CONDZTIONS C8-8 MEASUREMENT AND PAYMENT � SECTION C8-8 MEASUREMENT AND PAYMENT � '� C6-8.1 MEASIIREMENT OF QIIJ� NTI IES: The aetermination of ■ quantities of wcrk performed by t�e Ci�ntractor and authorized � by the Contract Documents acceptably completed undez the terms „� of the Contract Documents shall be made by the Engineer, based e on measurements tnade by the Engineez. These measurements will � be made according to the Dnited States Standard Measuzements used in common practice, and will be the actual length, azea, �'' solid contents, numbers, and weights of the materials and items installed. . .•+ C8-8,2 IINIT PRICES: When in the Pzoposal a•Dnit Price• is set forth, the said •Dnit Price" shall include the furnishing � by the Contractor of all labor, tools, materials, machiner � equipment, appliances and a ppurtenances necessazy f oz the , construction of and the completion in a manner acceptable to th� Engineer of all vork to be done undez these Contract � Documents. The •Dnit Pzice• shall include all permaaent and temporary protection of overhead, surface, and underground structures, cleanup, finished, overhead expense, bond, insuzance, patent fees, royalties, risk due to the elements and other causes, delayb, profits, injuries, damages claims, taxes, aad all other items not specifically mentioned that may be required to f ully construct each item of the �rozk complete in place aad in a satisfactory condition for operation. � CB-8.3 LIIMP SOM: iPhen ia the Proposal a•I,nmp Sum' is set forth, the said "Lum�p £um• shall represeat the total cost�f or the Contractor to fnznish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidary work necessary for the construction and completioa 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 �COPE �F Pl�YMENT: The Contractor �hall receive and accept t e compensation, �as herein provided, in full payment f or f urnfshing all labor, tools, materials, aad incidenta2s for performing all work contemplated and embraced under these Contract Documents, foz all loss aad damage arising ont of the nature of the work or from the action of the elements, f or aay unforesee�z defects or obstructfons Khich may azise or be encountered during the prosecution of the work at any time C8-8 (1) � The amount of the final estimate, less pzevious payments and any sum that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractoz within 60 days af ter f inal accep �ance by the Owner on a proper zesolution of the City Council, provided the Contractoz has furnished to the Owner satisfactory evidence of payment as f ollows: Prior to submission of the final estimate f or payment, the Contractor shall execute an affidavit, a� f urnished by the City, certifying that all�persons, fizms, associations, corporations, or other o=ganizations f urnishing labor and/oz materials have been paid in full, that the wage scale established by the City Council in the City of For t Worth has been paid, and that there are no claims pending for personnl injury and/or pzoperty damages. The acceptance by the Contractor of the last or final payment a� aforesaid shall operate as and shall release the Ownez f rom all claims oz liabilities under the Contzact for anything done or furnished or reletiag to the vork under Contract Documeats or any act or neqlect of said City relatinq to ot connected with the Contract. The making of the final payment by the Owaer ahall not zelieve "�e Contractoz of aay gnaraatees or othez requiremeats of the �ntract Documents v►hich apecificnlly continue thereaftez. C8-8.9 ADE �TACY OF DE IGN: Zt is understood that the Owmer believes it�has employ� competeat Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, aqreed that the Ownez sball be respon6ible for tbe adequacy of its oMa design features, 6ufficiency of the Contzact Doeuments, the s afety of the structure,.ana the practieability of the operations of the completed project, provided tbe Contzactoz has complied Mith the zeqnirements of the said Contract Documents, all approved modificationa thereof, and additions and alterations thereto approved in �riting by the Owner. The burden of proof of such compliance shall be upon.the Contractor to shov that he has complied Mith the said requizements of the Contract Documents, approved modif ications thereof, and all approved additions and alterations thezeto. C8-8.10 GENERAL GIIARANTY,: Neither the final certificate of payment nor any pzovisio� in the Contract Docum�nts nor partial or entire occupancy or uae of the pzemises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in zespect to any expreas warranties or responsibility for faulty material8 or workmanship. The Contractor shall reme8y any defects or damages fn the wozk and C8-8 f�) � <,� � him as a guide in the verification or the pzeparation of partial estimates. It is understood that the partial estimnte from month to month will be appzoximate only, and all paztial monthly estimates anc� payment will be subject to correction in the estimate rendered following the discovery of an erroz in any previou6 estimate,and such estimate shall not, in any zespect, be taken as an admis6ion of the Owner of the amount of wo=k done or of its quality cf sufficiency, or as an acceptance of the wozk done or the zelease of the Contractor of any of his responsibilities under the Contract Documents. The City reserves �he right to withhold the payment of any � monthly estimate if the contzactor fails to perform the wozk � strictly ia accordance with the 6pecifications or provision6 of this contract. i�w r�, � .� � C8-8.6 WITHHPLDING PAYMENT: Payment on any estimate or estimates may be held ia ebeyaoce if the perfozmance of the ca�str�action op�ration� is not in accozdance witl� the requizements of the Contract Documents. CB-8.7 FINAL ACCE T NCE: i4henever the improvements provided tor by the Contzac� �ocumenta shnll have been completed aad all requizements of the Contract Documents shnll have been fulfilled on the part of the Contractoz, the Contractoz shall notify the Engineer in �rriting that the improvements are zeady for the final inspection. The Engioeer shall ootify the appropriate officials of the Owner, will Kithin a reasonable time make such f iaal inspection, and if the vrork is satisfactory, ia an acceptable conditioe, and has been completed in accordance Kith the tezms of the Contract Documents aad all approved modifications thereof, the Enqineer will initiate tbe processinq of the final eatimate and recommend final acceptance of the project and final payment thezefor as outlined in C8-6.8 belo�r. C8-8.8 FINAL PAYM�NT: Wheaever all the improvements provided tor by the Contrac Documeats aad all appzoved modifications thereof shall have beea completed and all requirements of the Contract Documents ha�re been� f�ulfilled on the part of the Contractor, a final e8timate showinq the value of the Mozk will be pzepared by the Engineer as soon a� the necessary measurements, computations, aad checks can be made. Al l pr.i or subject to payment. e6timates upon which payment hae been mad� are necessary correction6 oz zevisions ia the final C8-8 (3) ■ � � �� .. i� � � pay for any damage to other work resulting therefzom which shnll appear within a period of one year fzom the date of final acceptance of the wcrk unless a longer peziod is specified andshall furnish a good and sufficient maintenance bond in the amount of 100 pezcent of the amount of the contract Which shall assure the pezFormance of the genezal guazanty as above outline. The Ownez will give notice of obsezve3 defects with reasonable promptness. C8-8.11 SUBSIDIARY WORR: Any and all work specifically governed by documentary zequirements for the project, such as cenditions imposed by the Plans, the General Contzact Documents oz these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of wozk which fall in the cateqory of subsidiary work. C8-B.12 MIS EI,LANEODS PLACEMENT OF MATERIAL: !laterial may be allocated un�er various bid items in the Proposal to establish unit prices foz miscellaneous placement�of matetial. These matezials shall be used only When directed by the Eagineer, depending on field conditions. Payment for miscellaneous placement of material will be made foz only that amount of material used, measured to the nearest one-tenth unit. Payment for miscellaneous placement of matezial shall be in accozdance with the Genezal Contract Documents regardless of the actual amount used for the project. ■ CB-6.13 RECORD DO UMENTS: Contractor shall keep on record s copy ot aii speci�ications, plans, addenda, modifications, � shop drawings and samples at the site, in good order and � annotated to show all changes made duzing the construction *� pzocess. These shall be delivezed to Engineer upon completion � cf the work. e '� � ■ � C8-8 ( 5 ) C�J E�7 � L�� l� LsJ � � L�J � C� L�',I lJ � � � 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-2'9 D-30 D-31 D-32 D-33 D-34 D-35 D-36 D-37 D-3 8 D-3g D-40 D-41 D-42 D-43 PART D - SPECIAL CONDITIONS TABLE OF CONTENTS TABLE OF CONTENTS General Project Designation Right To Audit Project Signs Purging and Sterilization of Water Lines Wage Rates Coordination with Fort Worth Water Department Dewatering Crossing of Existing Utilities � Existing Utilities Exploratory Excavations Test Holes Substitutions Crushed Limestone Backfill 2:27 Concrete Pavement Repair (E2-19) Trench Safety System Water Services Removal, Salvage, and Abandonment of E�sting Facilities Va1ve Blocking Ductile-Iron and Gray-Iron Fittings Detectable Warning Tapes Minority/Women Business Enterp�ise Compliance Connection of Existing Mains 2-Inch Temporary Service Line Easements and Permits Concrete Encasement Bid Alternatives Interpretation and Prepara.tion of Proposal Bonds (City Let Projects) Barricades, Warnings and Flagmen Disposal of SpoiUFill Material Temporary Erosion, Sediment, and Water Pollution Control Workers' C mpensation Insurance Trench Exc vation, Backfill and Compaction Sau�ples an Quality Control Testing u Protection f Trees, Plants, and Soil Partial Est' tes and Retainage Project Cle.�n-up '� Project Sck�edule Contractor�ys Responsibility for Damage Clauns Water Se I'ce Relocation to Serve 7325 Randol Mill Road Pavement�epair in Parking Area � L�J (b) Contractor further agrees to include,in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access•to and the right to e�camine and photocopy any directly pertinent books, docw�nents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during nornial 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. (c) Contractor and subcontractor agree to photocopy such documents as ma.y be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: 1. 50 copies and under - 10 cents per page 2. More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter. D-4 Proiect Si�ns: Project Signs are required at all locations which will be under construction for more than thirty (30) calendar days as indicated in Part B Proposal. Project Signs shall be in accordance with Figure 30 (dated 8-28-89) of the General Contract Documents. The signs may be mounted on skids or on posts. T,he exact locations and methods of mounting shall be approved by the engineer. Any and all costs for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D-5 Pur�ing and Sterilization of Water Lines: Before being pla.ced into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein. The City will furnish all water for Il�TITIAL cleaning and sterilization of water lines. All other materials for construction of the project, including appropriately sized "pipe cleaning pigs" and chlorinated lime (HTH) shall be furnished by the Contractor. Chlorinated lime (HTI� shall be used in suffcient quantities to provide a chlorine residual of fifty (50) PPM. The residual of free chlorine sha.11 be measured after 24 hours and shall not be less than 10 parts per million of free chlorine. Chlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary sewer not be available, chlorinated water shall be "de-chlorinated" prior to disposal. The line may not be placed in service until two successive sets of samples, taken 24 hours apart, have met the established standazds of purity. , Purging and steriliza.tion of the water lines shall I considered as incidental to the project and all costs incurred will be considered to be inc�uded in the linear foot bid price of the pipe. ' D-2 �� ., PART D - SPECIAL CONDITIONS D-1 General: Subject to modifications as herein contained, the Fort Worth Water Department's �eneral Contract Documents and Speci�cations, effective July 1, 1978, with the latest revisions are made a part of the Contract Documents for this project. The Plans, Special Conditions and Provisions Documents, and the rules, regulations, requirements, instructions, drawings or details referred to by manufacturer's nam�, number or identification included therein as. speoifying, referring or implying product control, performance, quality, or other shall be binding upon the Contractor. The specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or fizrnished in a faithful maruler as though required by atl. � The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessazily, follow the guidelines listed below: � [�J �� 1. Plans 2. Contract Documents 3. General Contract Documents and Specifications The following Special Conditions shall be applicable to this project and shall govem over any conflicts with the General Contract Documents under the provisions stated above. D-2 Proiect Desi�nation: Construction under these Special Documents shall be performed under the Fort Wo�th Water Department Project Designations: Water Project Number PW53-060530175750, � D-3 Ri�ht To Audit: � RIGHT TO AUDIT: Part C- General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: l�� "C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) yeazs after final payrnent under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall. have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. D-1 � the Plans, or to show them in their e�ct location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for e�ra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property crossed or exposed by his construction operations. Contractor shall make all necessary provisions for the support, protection, relocation, and or temporary relocation of all utility pbles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, draina.ge • pipes, and all other utilities and structures both above and below ground during construction. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and or temporary relocation of such facilities shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. Where existing utilities or service lines are cut, broken or damaged, the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, unless otherwi�e shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of th� damaged utility or service line. He �shall cooperate with the owners of all utilities to locate existing underground facilities' and notify the Engineer at once of any conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs, of their property that may be made necessary by performance of this contract. D-11 Exploratory Excavations: In addition to those areas as may be designated on the Drawings, it shall be the Contractor's responsibility to excavate and locate existing utilities which may affect construction of the water and/or sewer facilities. All exploratory excavations shall occur far enough in advance to pernut any necessary relocation to be made with minimum delay. All costs incurred by the Contractor in making exploratory excavations shall be considered to be included in the unit price bid for constructing of water/sewer line or the associated structures. D-12 Test Holes: The matter of subsurface exploration to ascertain the nature of the soils, including the amount of rock, if any, through which this pipeline installation is to be ma.de is the responsibility of any and all prospective bidders, and any bidder on this project shall submit his bid under this condition. Whether prospective bidders perform this subsurface exploration jointly or independently, and whether they make such determinations by the use of test holes or other means, shall be left to the discretion D-4 � � D-6 Wa�e Rates: The labor classifications and minimum wage rates set forth herein have been �"'� predetermined by the City ,Council of the City of Fort Worth, Texas, in accordance with prJ statutory requirements, as being the prevailing classifications and rates tha.t shall govern on all work performed by the Contractor °or any sub-contractor on the site of the project �. covered by these Contract Documents. In,no event shall less than the following rates of wages be paid. (Attached). � D-7 Coordination with Fort Worth Wate'r Denartment: During the construction of this project, it will be necessary to deactivate, for a period of � time, existing lines. The Contractor shall be required to coordinate with the Water Department tb determine the best times for deactivating and activating those lines. � D-8 Dewaterin�: � The Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the existing mains and ground water. The Contractor shall be responsible for damage of any nature resulting from the dewatering operations. („� The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer. Ground water shall not be discharged into sanitary sewers. � Dewatering sha.11 be considered as incidental to a construction and all costs incurred will be considered to be included in the linear foot bid price of the pipe. � . , D-9 Cros�ing of Ezisting Utilities: � � Where a proposed wate�' line crosses over a sanitary sewer or sanitary sewer service line and/or a proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel, the sanitary sewer or sanitary sewer service line shall be � made water tight or be constructed of ductile iron pipe. The required length of replacement shall be determined by the Engineer. The material for sanitary sewer mains � and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping as specified in Material Standard E1-6 contained in the General Contract Documents. The matenal for sarutary sewer service luies shall be extra strength cast iron soil pipe with � polyethylene wrapping as specified in the General Contract Documents. Adapter fittings shall be a urethane or neoprene coupling A.S.T.M. C.-425 with series 300 Stainless Steel comp�'ession straps. � Payment for work such as backfill, fittings, tie-ins and all other associated appurtenants required, shall be included in the linear foot price of appropriate bid item. � � D-10 Ezistin� Utilities: � The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or allJof these structures on � D-3 (E2-19): The unit price bid under the `appropriate bid item of the proposal shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement as detailed in the Public Works Department typical sections for Pavement and Trench Repair for Utility cuts, Figures 1 through 5. All required paving cuts sha11 be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches sha.11 be filled with required materials as shown on paving detaiLs, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All residents' driveways shall be accessible at night and over weekends. It ha.s been determined by the Transportation and Public Works Department that the strip of existing HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width. Therefore, at the Iocations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall neazest the center of the street to the gutter line. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will pernut repaving. If paving conditions are not suitable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible date. A permit must be obtained from the Department of Engineering's Pertnit Desk by the Contractor in conformation with Ordinance No. 3449 and/or Ordinance No. 792 to make utility cut in the street. City Inspectors will inspect the paving repair after construction of each water and/or sanitary sewer main repla.cement. D-17 Trench Safetv Svstem: 1. GENERAL: This specification covers the trench safety requirements for all trench excavations in order to protect worl�ers from cave-ins. The requirements of this item govern all trenches for mains, manhbles, vaults, service lines, and all other appurtenances. 2. STANDARDS: The latest versio� of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Subpart P-Excavations, are hereby made a part of this speci�ication and shall be the minimum governing requirements for tren�h safety. ;. 3. DEFII�]ITIONS: I A. TRENCHES: A trench is referr�d to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where the width measured at the I� . � � � � L�J � � !� of such prospective bidders. The cost of the rock removal and other associated appurtenants, if required, shall be included in the linear foot bid price of the pipe. D-13 Substitutions: The specifications for materials set out the muum�m standard of quality which the City 'believes necessary to procure a satisfacto .ry project. No substitutions will be permitted until the Contractor has received written perniission of the Engineer to make a substitution for the material which has been specified. Where the term "or equal," or "or appxoved equal" is us�d, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the proposed substitute is procured by the Contractor. Where the term "or equal," or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge bf the acceptability of substitutions. The provisions of this sub-se�tion as related to "Substitutions" shall be applicable to all sections of these specifications. D-14 Crushed Limestone Backfill: Q Where specified on the plans or directed by the Engineer, crushed limestone shall be used for trench backfill on this project. The material shall conform to Transportation and Public Works Standard Specifications for Street and Storm Drain Construction Division 2 Item 208.2 MateriaLs and Division 2 Item 208.3 Materials Sources. Trench backfill and � compaction shall meet the requirements of E2-2 Excavation and Backfill of the General Contract Documents and Specifications. � �� Ls� Payment for crushed limestone backfill in �Iace shall be ma.de at the unit price bid in the Proposal multiplied by the quantity of material used measured in accordance with E2-2.16 Measurement of Backfill Materials of the General Contract Documents and Specifications. D-15 '2:27 Concrete: Transportation and Public Works Department typi�al Sections for Pavement and Trench Repair for Utility Cuts Fig's 1 through 5 refer to using 2:27 Concrete as base repair. Since this call-out includes the word "concrete", the consistent interpretatiori of the Transportation Pu b lic Wor ks Dep a rtmen t is t h a t t h i s ra tio spec i fies two ( 2) sac ks o f cement per cubic yard of concrete. With the exception of the c�ment content, all other requirement shall meet or exceed Transportation and Public Works Department standard specification Item 406 Class D Concrete. � [� D-5 ii D-16 Pavement Renair (E2-19): >. All existing 3/4-inch water service lines which are to be replaced shall be replaced with 1- inch Type K copper, 1-inch diameter tap saddle when required, and 1-inch corporation. All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A minimum of 24 hours advance notice shall be given when service�interruption will be required as specified in Section CS-5.15 INTERRUPTION OF SERVICE. All water service meters shall be removed, tagged, and collected by the contractor for pickup by the Water Department for reconditioning or replacement. After installation of the water service in the proposed location and receipt of a meter from the project inspector the contractor shall install the meter. The meter box shall be reset as necessary to be flush with existing ground or as otherwise directed by the Engineer. All such work on the outlet side of the service meter beyond five (5) feet shall be performed by a licensed plumber. l. WATER SERVICE REPLACElV�ENTS: Water service replacement or relocation is required when the existing service,is lead or is too sha.11ow to avoid breakage during street reconstruction. The contractor shall replace the existing service line with Type K copper from the main to the meter, curb stop with lock wings, and corporation stop. Payment for all work and materials such as backfill, fittings, type K copper tubing, curb stop with lock wings, service line adjustment, and any relocation of up to 12-inches from center line existing meter location to center line proposed meter location shall be included in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind Meter. Any vertical adjustment of customer service line within the 5 foot area shall be subsidiary to.the service installation. Payment for all work and materials such as tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main. 2. WATER SERVICE RECONNECTION: Water service reconnection,is required when the existing service is copper and at adequate depth to avo�d breakage during street reconstruction. The contractor shall adjust the existing water service line as required for reconnection and furnish a new tap with corporation stop. The contractor will be paid for one (1) Service Tap to Main for each service reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. 3. WATER SERVICE METER AND METER BOX RELOCATIONS: When the replacement and relocation of a water service and meter box is required and'the location of the meter and meter box is moved more'than twelve (12) inches, as measured from the center line of the existing meter location to center line of the proposed meter location separate payment will be allowed for the relocation of service meter and meter box relocation Centerline is defined by a line extended from the service tap through the meter. Only relocations made perpendicular to this D-8 � � � �- � L�.i �a � � L�J L�J � � LJ � bottom is not greater than fifteen (15) feet. If forms or other structures are installed or constructed in an excav�tion so as to reduce the dimension measured from i'he forms or structure to the side of the excavation to fifteen (15) feet or less at the bottom of the excavation, the excavation is also considered to be a trench. B. BENCHING SYSTEM: Benching means excavating the sides of a trench to form one or a series of horizontallevels or steps, usually with vertical or near-vertical surfaces between levels. , C. SLOPING SYSTEM: Sloping means e�cavating to form sides of a trench tha.t are inclined away from the excavation. D. SHIELD SYSTEM: Shields used in trenches are generally referred to as "trench boxes" or "trench shields." Shield me�ns a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure. Shields can be permanent structures or can be designed to be portable and move along as the work progresses. Shields can be either premanufactured or job-built in accordance with OSHA standards. E. SHORING SYSTEM: Shoring means a structure such as aa metal hydraulic, mechanical or timber system that supports the sides of a trench and wliich is designed to prevent cave- ins. Shoring systems are generally comprised of crossbraces, vertical rails (uprights), horizontal rails (wales) and/or sheeting. 4. MEASUREMENT: Trench depth is the vertical measurement from the top of the existing ground to the bottom of the pipe or structures. The quantity of trench safety systems �hall�be based on the linear foot amount of trench depth greater than five (5) feet. 5. PAYMENT: Separate payrnent will be made only when trench excavations exceed a depth of five (5) feet and shall be full compensation for safety system design, labor, tools, materials, equipment and incidentals necessary for the installation and removal of trench safety systems. D-18 Water Services: The relocation, replacement, or reconnection of water services will be required as shown � on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. � '� LJ L�, All service's shall be constructed by the contractor utilizing approved factory manufactured tap saddles (when required) and corporation stops, type K copper water tubing, curb stops with lock wings, meter boxes, and if required approved manufactured service branches. All materials used shall be as specified in the Material Standards (E 1-17 & E1-18) contained in the General Contract Documents. All water services to be replaced shall be installed at a minimum depth of 36 inches below final grade. � D-7 of the General Contract Documents and Specifications unless amended or superseded by requirements of this Special Condition. 1. SALVAGE OF EXISTING WATER M�TER AND METER BOX: Existing water meter and meter box shall be removed and re'turned to the Water Department warehouse by the contractor in accordance with Section E2-1.5 salvaging of materials. Backfill material for the void meter box shall be suitable excavated material approved by the Engineer. Surface restora.tion shall be compatible with existing surrounding surface and grade. If water main is to remain active, the contractor will be required to plug water service line at main. 2. SALVAC7E OF EXISTING WATER METER AND CONCRETE VAULT LID: E�cisting water meter and concrete vault lid shall be removed and returned to the Water Department warehouse by the contractor in accordance with Section E2-1.5 salvaging of materials. The concrete vault shall be demolished in place to a point not less than 18- inches belo'w final grade. The concrete vault shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. 3. SALVAGE OF EXISTING FIRE HYDRANTS: Existing fire hydrant5 shall be removed and returned to the Water Department warehouse by the contractor in accordance with Section E2-1.5 Salvaging of Materials. The void shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. 4. SALVAGE OF EXISTING GATE VALVE: E�usting gate valve and valve box and lid shall be removed and returned to the Water Department warehouse by the contractor in accordance with Section E2-1.5 Salvaging of Materials. The void area caused by the Valve removal shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. If the valve is in a concrete vault the vault shall be demolished in place to a point no less than 18" below final grade. 5. ABANDONMENT OF EXISTING GATE VALVE: Existing gate valve and box lid shall be abandoned by first closing the valve to the fully closed position and demolishing the valve box in place to a point not less than 18-inches below final grade. Concrete shall then be used as backfill material to match�existing grade. 6. ABANDONMENT OF EXISTING VAULTS: Vaults to be demolished in place shall have the top slab and lid removed and vault walls demolished to a point not less than 18" below final grade. The void area caused shall then be backfilled and compacted in accordance with backfill method as specified �in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrour}ding surface and grade. � D-10 L'.J �J � centerline will be paid for separately. Relocations made along.the centerline will be paid for in feet of copper service line. When relocation of service meter and meter box is required payment for all work and materials � such as backfill, fittings, five (5) feet of type K copper service and all materials, labor, and equipment used by and for the licetlsed plumber shall be included in the price bic� for the service meter relocation. All other costs will be included in other appropriate bid item(s). C�� L�� L!J � � L�l � L; � � C� �� This item will also be used to pay for all service meter and meter box relocations as required by the Engineer when the service line is not being r.eplaced. Adjustment of only the meter box and customer service line within 5 feet distance behind the meter will not justify separate payment at any time. Locations with multiple service branches will be paid for as one service meter and meter box relocation. 4. NEW SERVICE: When new services are required the contractor shall install tap saddle (when required), corporation stop, type K copper service line, curb stop with lock wings, and meter box. .. Payment for all work and materials such as backfill, fittings, type K copper tubing, and curb stop with lock wings shall be included in the Linear Foot price bid for Service�Line from Main to Meter five (5) feet behind the meter. Payment for all work and materials such as tap saddle, corporation stops, and fittings shall be included in the price bid for Service Taps to Mains.. Payment for� all work and materials such as furnishing and setting new meter box shall be included in the price bid for furnish and set meter box. 5. MiJI,TIPLE SERVICE BRANCHES: When multiple service branches �re required the contractor shall furnish approved factory manufactured branches. Payment for multiple service branches will include furnishing and installing the multiple service branch only and all other cost will be included in other appropriate bid item(s). 6. MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Ar� multiple service lines with taps servicing a single service meter encountered during construction shall be replaced with one service line that is applicable for the size of the existing service meter and approved by the Engineer. , Payment shall be made at the unit bid price in the appropriate bid item(s). D-19 Removal, Salvase. and Abandonment of Existing Facilities: Any removal, salvaging and/or abandonment of existing,facilities will necessarily be required as shown on the plans, and/or described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section E2-1.5 Salvaging of Material and E2-27 Removing Pipe, ,• � � D-21 Ductile-Iron and Gray-Iron Fittin�s: Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, Fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings: the first Pazagraph shall be revised to read as follows: E2-7.11 DUCTILE-IRON AND GRAY-IRON FITTINGS: All ductile-iron and gray-iron fittings shall be furnished with cement mortar lining as stated in Section E 1-7. The price bid per ton of fittings shall be payment in full for all fittings, joint accessories, polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle necessary for construction as designed. All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E1-13 and Construction Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie- down concrete blocking, and concrete cradle. Payrnent for the polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle shall be included in bid items for valves and fittings and no other payment will be allowed. D-22 Detectable Warning Taaes: Detectable underground utiliry warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic water or sanitary sewer pipe. The detectable tape shall be"Detect Tape" manufactured by Allen Systems Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils. and the width shall not be less than 2" inches with a minimum unit weight of2-1/2 pounds/�1"/1'000'. The tape shall be color coded and imprinted with the. message as follows: Tvne of Utilitv Color Code Le�ends Water Sewer Safety Blue Safety Green Caution Buried Water Line Below Caution Buried Sewer Line Below Installation of detectable tapes shall be per manufacturer's recommendations and shall be as close to the grade as is practical for optimum protection and detectability. Allow a minimum of 18" inches between the�tape and the pipe. Payment for work such as ba.ckfill, bedding, blocking, detectable tapes and all other associa.ted appurtenances required shall be included in the lineaz foot price bid of the appropriate BID ITEM(S). D-23 Minoritv/Women Business Enternrise Comaliance: Reference Part C(General Conditions), Section C3-3.2 Entitled, "MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: D-12 � O 7. ABANDONMENT OF MANHOLES: Manhole's to be demolished in place shall have �. all pipes entering or e�cisting the structure plugged with lean concrete. 1Vlanholes tops or cone section shall be removed to the top of the full barrel diameter section or to point not � less than 18-inches below final grade. The structure shall then be backfilled and compacted in accordance with backfill method as "specified in Section E2-2.9 Backfill. Backfill material may be either clean washed sand of clean, suitable excavated material �'j approved by Engineer. Surface restoration sha.11.be compatible with surrounding surface. �,� Payment fo� work involved in backfilling, plugging of pipe and all other appurtenant required, shall be included in the appropriate bid items). L�,': � � C�� l�J L�J � '!J � � u l�J L� � 8. REMOVAL OF MANHOLES: Manholes to be removed shall have all pipes entering or exiting the structure disconnected. The complete manhole including, top or Cone Section, all full barrel diameter section and base section shall be removed. The excavation shall then be back£illed and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill�material may be with Type C Backfill or Type B Backfill as approved by the Engineer. Surface restoration shall be compatible with surrounding . surface. 9. CUTTING AND PLUGGING OF EXISTING MAINS: At various locations on this project it may be required to cut, plug and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines. Cutting and plugging existing mains and/or services shall be considered incidental and all costs incurred will be considered to be included in the linear foot bid price of the pipe, unless separate trenching is requi�ed. 10. REMOVAL OF EXISTING PIPE: Where removal of the existing pipe is required. It shall be the Contractor's responsibility to properly dispose of all removed pipe. All removed valves, fire hydrants, and meter boxes shall be delivered to Water Department Field Operations, Storage Yard. 11. PAYMENT: Payment for all work and material involved in salvaging, abandoning and/or removing of existing facilities shall be included in the linear foot bid price of the pipe except� as follows: Separate payment will be rn�a.de for removal of all Fire Hydrants, Gate Valves 16-inch and larger, and Sanitary Sewer Manholes regardless of location. Payment will be made for salvaging� abandoning and/or removing of all other existing facilities when said facility is not being replaced in the same trench, i.e., when removal requires a sepazate trenching operation. D-20 Valve Blockins: All valves shall have concrete blocking for support. Valves shall have polyethylene wrapping per Material Specification E1-13 and Construction Specification E2-13 installed prior to concrete blocking. No separate payment will be made for any of the work involved for this item and all costs incurred will be considered to be included in the bid price of the valve. D-11 service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2" temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated lime (HTI� prior to installation. A two-inch meter will be furnished by the Water Department Meter Shop and installed by the Contractor at its point of connection to the City water supply for record keeping purposes only. The out-of-service meters shall be removed, tagged and collected by the Contractor for delivery to the Water Department Meter Shop for reconditioning or replacement. Upon restoring permanent service, the Contractor shall re-install the meters at the correct location. The meter box shall be reset as necessary to be flush with the existing ground or as otherwise directed by the Engineer. The temporary service layout shall have a minimum available flow rate of 5 GPM at a dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor to determine the length of temporary service allowed, number of service taps and number of feed points. i I When the temporary service is required fdr more than one location the 2-inch temporary service pipes, 3/4-inch service lines and tl}e 2-inch meter shall be moved to the next successive project location. � i Payment for work such as•fittings, 3/4-in¢h service lines, asphalt, barricades, all service connections, removal of temporary serviCes and all other associated appurtenants required, shall be included in the appropriate bid item. I i D-26 Easements and 'Permits: � Easements and pernuts, both temporary d permanent, have bee� secured for this project at this time and made a part thereto. An�easements and/or pernuts, both temporary and permanent, that have not been obtained b� y the time of publication shall be secured before construction starts. No work is to be do�e in areas requiring easements and/or permits until the necessary easements are obtain�d. The Contractor's attention is directed to the easement description and permit require�ients, as contained herein, along wit�i anq special conditions tha.t may ha.ve been imposed ¢n these easements and� permits. I Where the pipeline crosses privately owtied property, the easements and construction areas are shown on the plans. The ease�nents shall be clea.�ed up after use and restored to their original conditions or better. In th� event additional work room or access is required by the Contractor, it shall be the Contra tor's responsibility to obtain written permission from the property owners involved for t e use of additional property required. No additiona.l payrnent will be�1lowed. for t� item. I D-27 Concrete Encasement: j Concrete encasement shall be Class E(�500 psi) concrete and for sewer line encasements shall conform to Fig. 113; for water lin� encasements it shall conform to Fig. 20 of the I � D-14 �RJ � � C� L�� L�] � � l�� Upon request, Contractor agrees to provide to.Owner complete and accurate information regarding actual work performed by a Minority Business�Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit andJor examination of any books, records or files in its possession that will substantiate the actual work performed.by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for ternunation of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. D-24 Connection of Existing Mains: The Contractor shall determine the exa.ct location, elevation, configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. Any differences in locations, �elevation, configuration, and or angula.tion of e�Listing lines between the contract drawings and what may �e encountered in the said work shall be considered as incidental to constructibn. Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the Engineer, and all efforts shall be made to keep this down time to a minimum. In case of shutting down an existing main, the Contractor shail notify Mr. Joseph Gagliardi, Manager, Construction Seryices, Phone 871-8648, at least 48-hours prior to the required shut down time. The Contractor's attention is directed to Paragraph CS-5.15 INTERRUPTION OF SERVICE, Page CS-5(5), PART C- GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify the customer both personally and in �writing as to the location, time, and schedule of the service interruption. � The cost of removing any existing concrete blocking shall be included in the cost of connect}on. Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. � D-25 2-Inch Temporary Service Line: � L�'J � The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide temporary water service to all buildings that will necessarily be required to have severed water service during said work. The contractor shall be resporisible for coordinating the schedule of the temporary serv.ice connections and permanent service reconnections with the building owners and the Engineer in order that the work be performed in an expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service. A 2-inch tapping saddle and 2-inch corporation stop or 2-inch gate valve with an � appropriate fire hydrant adapter fitting shall be required at the temporary service point of connection to the City water supply. The 2-inch temporary service main and 3/4-inch � D-13 � � time. If such confirmation is not received within forty-eight (4�) hours after the proposal opening time, no further consideration will be given to the 'proposal: D-30 Bonds (Citv Let Proiectsl: Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make the following revisions: 1. Pg. C3-3(3); the paragraph after paragraph C3-3.7d--Other Bonds should be revised to read: No surety will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner: All bonds shall be made on the forms furnished by the Owner and the surety shall be acceptable to the Owner. In order for a surety to be acceptable to the City, (1) the name of the surety sha.11 be included on the current U. S. Treasury List of Acceptable Sureties [Circular 870], or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to business in the state of Texas. The amount of the bond sha.11 not exceed the amount shown on the Treasury list or one-tenth (1/10) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance�must be authorized, accredited, or trusted to do business in Texas. 2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph a. COMPENSATION INSURANCE. 3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph g. LOCAL AGENT FOR INSURANCE AND BONDING. D-31 Barricades, Warnin�s and Fla�men: Reference Part C- General Conditions, Section C6-6.8 BARRICADES, WARNINGS AND WATC�-�N: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. 2. In the first paragraph, lines five (5) and six (6), change tiie phrase take all such other precautionary measures to take all reasonable necessary neasures. D-32 DisAosal of SAoiVFill Material: Prior to the disposing of any spoiUfill material, the contr�ctor shall advise the Director of the Department of Engineering, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sit es where the contractor intends to dispose of such material. Contractor shall not dispose o F such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance I�b. 1151'�. All disposal sites must be approved by the Administrator to ensure that filling i� not occurring within a flood plain without a permit.. A flood plain permit can be issued up�n approval of necessary i D-16 i I l�J � � � � � � � � t�J � l�J I!J L�J L�, '�I General Contract Documents. Requirements for such encasement are specified in Sections E1-20 and E2-20 ofthe General Contract Documents. � Payment for work such as fornung, placing, and finishing including all labor, tools, equipment and material necessary to complete the work shall be included in the linear foot price bid for Concrete Encasement. D-28 Bid Alternatives: The Proposal section of this documents is arranged to allow the Contractor to base his bid on either ductile iron pipe or polyvinyl� chloride plastic pipe. Contractor shall indicate type of pipe to be used. However regardless of the general type pipe specified by the Contractor at certain locations a specific type pipe has been specified on the plans. All cost for this shall be considered as subsidiary and no additional compensation will be allowed. D-29 Interpretation and Preparation of Proposal: Part C- General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: C2-2.7 DE�,IVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set" forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope � plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas � 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may; at the option of the Owner, be returned unopened. C2-�.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify a his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, tha.t tl�e City � Manager is satisfied that a written and duly authenticated confumation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening 1�1 D-15 � 4' t � ti The CONTRACTOR shall also conform to the following practices and controls. All labor, tools, equipment and incidentals to complete the work will not be paid for directly but shall be considered as subsidiary work,to the various items included in the contract. .. �, � (a). Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimi�.� the amount of sediment entering streams. (b). Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. � (c). When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care sha.11 be taken during the construction and removal of such barriers to minimi�e the muddying of a stream. (d). All waterways shall be cleared as sqon as practicable of falsework, piling, debris or other obstructions placed during construction operations that are not a part of the finished work. � (e). The CONTRACTOR shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimi�e siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. 3. SUBMITTAL: Prior to the start of the applicable construction, the CONTRACTOR shall submit for approval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible-earth ma.terial to a minimum, He shall ,also submit for acceptance his proposed method of soil-erosion control on co�struction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. ar 4. MEASUREMENT AND PAYMEN�T: All work, materials and equipment necessary fo provide temporary erosion control sha]1 be considered subsidiary to the contract and no e�ctra pay will be given for this work. �� M I!' D-34 Workers' Compensation Ins� rance: A: Contractor's Worker's Compensati��n Insurance. Contractor agrees to provide to the Owner (City) a certificate showing th�,,t it has obtained a policy of workers campensation insurance covering each of its employ��es employed on the project in compliamce with state law. No Notice to Proceed will be is tl�ed until the Contractor has complied with this section. D-18 � I� � L�J � � LfJ � IJ L*J �� '�J � � LJ � l�J [�ll L�J engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors disposaL� sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Pernut authorizing fill within the flood plain. Any expenses associated with obtaining the fill pernut, including any necessary engineering studies, shall be at contractors' expense. In the event that the contractor disposes of spoiUfill material at a site without a fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of the Department of Engineering, Contractor shall remove the spoiUfill ma.terial at its experise and dispose of such materials in accordance with the Ordinances of the City and this section. D-33 Temuorary Erosion, Sediment, and Water Pollution Control: 1 DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be.used as a substitute for the permanent control measures unless otherwise-directed by the Engineer and they shall not include measures taken by the CONTRACTOR to Control conditions created by his construction operations. The texnporary measures shall include dikes, �dams, b�rms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices. 2. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible-earth material expdsed by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water courses, lakes; ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution-control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right of way, clearing �and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil-erosion-control measures shall be performed as directed by the Engineer. The amount of surface azea of erodible-earth material exposed at one time shall not exceed '750,000 square feet for each excavation operation; 750,000 square feet for each material so.urce operation (other than from commercially operated sources), 750,000 square feet for each preparing of right-of- way operation or 750,000 square feet for each clearing and grubbing operation, unless otherwise shown on the plans or with prior approval by the Engineer in writing. D-17 5. The contractor shall obtain from each person providing services on a project, and provide to the City: � t ry � � a (a) a certificate of coverage, prior to that person be inning work on the project, so the governmental entity will have on file certificat s of coverage showing coverage for all persons providing services on the prd�ject; and (b) no later than seven days a.fter receipt by the contractor, a new certificate of coverage showing extension of coverage, if the cove rage period shown on the current certificate of coverage ends during the durat�on of the project. 6. The contractor shall retain all required certificates of co�erage for the duration of the pro�ect and for one year thereafter. 7. The contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on tlie current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and D-20 L!J ��J � � � C�J � � L*J � � LJ L�J � (� '� � !� B: Subcontractor's Worker's Compensation Insurance. Contractor agrees to ret�uire each and every subcontracYor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee emplo�ed on the project. Contractor will not permit any subcontractor to perform work on the project unt'il such ce'rtificate has been acquired. Contractor shall provide a copy of all such certificate to the Owner (City). C. Workers Compensation Insurance Coverage 1. Definitions: Certificate of coverage'("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the Project. Includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the City. Persons providing services on the' project ("subcontractor" in section 406.096)- includes all persons �or entities perfozming all or part of the services 'the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the,contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services rela.ted to a project. "Services" does not include activities unrelated to the project, such as food/beverage veridors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services of the project, for the duration of the project. 3. The Contractor must`provide a certificate of coverage to the governmental entity prior to being awazded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends dur'iuig the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. " D-19 "Call the Texas Worker's Comper�sation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. D-35 Trench Ezcavation, Backfill and Comqaction Trench excavation and backfill under. parking lots, driveways, gravel surfaced roads, within easements, and within existing or future R.O.W. shall be in accordance with Sections E1-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein. 1. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and Backfill, if the stated maximum trench widths aze exceeded, either through accident or otfierwise, and if the Engineer determines that the design loadings of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall lie entirely the Contractor's own. All trenching operations shall be confined to the width of permanent rights-of-way, permanent easements, and any temporary construction easements. All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this docutnent. 2. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E1-2.3, Type "C" or "D" Backfill, and E2=2.11 Trench Backfill for additional requirements. When Type "C" back-fill material is not suitable, at the direction of the Engineer, Type "B" backfill material shall be used. In general, all backfill'ma.terial for trenches in existing paved streets shall be in accordance with Figure(s) A, B, C, or D. Sand material specified in Figure(s) A-D shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces, lumps of clay, soil, loam or vegetable matter and shall meet the following gradation: � Size Sieve % Retained #4 0-5 # 16 0-20 #50 0-50 #100 60-95 #200 90-100 (P.I. = 8 or less) D-22 O iL��I � l�J� � l�� (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current � certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. ( fl notify the City in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and � (g) contractually require each person with whom it contracts, to perform as � required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. j� 10. �y signing this contract or providing or causing to be provided a certificate of �� coverage, the contractor is representing to the City that all employees of the contractor who will provide services on the project will be covered by worker's compensation � coverage for the duration of the project, that, the coverage' will be based on proper reporting of classification codes and payroll, amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the � Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative t�J u L�J � � � C�J penalties, criminal penalties, civil penalties or other civil actions. 11. The contractor's failure to comply with any of these provision`s is a breach of contract by the contractor` which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. D. Posting of Required Worker's Compensation Coverage. The contractor shall post a notice on each project site infornvng all persons providing services on the project that t�ey are required to be covered, and�stating how a person may verify current coverage and repo�rt failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission r�zles. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other langua.ge common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKER'S COMI'ENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless �of the identity of their employer or status as an employee". � � D-21 }�q„ t�M d. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trencli safety system (if required) for the site to be tested, and any work effort involved is deemed to be included in the unit price for the item being tested. � e. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticicet shall specify the name of the pit supplying the fill material. D-37 Protection of Trees, Plants, and Soil: AIl property along and adjacent to the Contractor's operations including lawns, yazds, shrubs, trees, etc. shall be preserved or restored, after completion of the work, to a condition equal to or better than existed prior to the start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal, or root pruning) can be done on trees or shrubs growing on public property including street Rights-of-Ways and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by. the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent dama.ge to public trees sha11 be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees sha.11 be unmediately sealed using a commercial prtming paint. This is the only instance when pruning paint is recommended. No separate payment will be made for any of the work involved for this item and a1L costs incurred will be considered' a subsidiary cost of the project. D-38 Partial Estimates and Retaina�e: Reference Part C(General Conditions), Section C8-8.5 Entitled "PARTIAL ESTIMATES AND RETAINAGE" shall be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the Sth day and 20th day of each month that the work is in progress. The estimate shall be processed by the City on the l Oth day and 25th day respectively. Estima.tes will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estirnates ma.y include acceptable nonperishable materials delivered to the vuork place which a�e to be incorporated into the work as a pem�anent part thereof, but which at the time of the pay estimate have. not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net D-24 � I� � �� i� I�J � � L*J �, �; L�J � CI 3. TRENCH COMPACTION: All trench backfill sha.11 be placed in lifts per E2-2.9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a miniinum of 90% Standard Proctor Density (A.S.T.M. D698) by means of tamping only: Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by jetting, mechanical tamping, or a combination of methods. Backfill material to be mechanically tamped must be within +-4% of its optimum moisture content. The top two (2) feet of sewer line trenches and the top eighteen (18) inches of water line may be rolled in with heavy equipment tires, provided it is placed in lifts appropriate to the material being used and the operation can be perfo�med without damage to the installed pipe. The City, at its own expense, will perform trench compaction tests per A.S.T.M. standards on all trench backfill. Any retesting required as a result of failure to compact the backfill material to meet the standazds will be at the expense of the Contractor and will be billed at the commercial rates as deternvned by the City. These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at inte"rvals along the trench not to exceed 3001ineaz feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City. 4. MEASURENiENT AND PAYMENT: All material, including any and all Type "B" backfill, and labor costs of excavation and backfll will be included in the price bid per linear foot of water and sewer pipe. D-36 Samples and Ouality Control Testin�: a. The Contractor shall furnish, at his own expense, certifications by a private laboratory � for all ma.terials proposed to be used on the project, including a mix design for any aspha.ltic and/or Portland cement concrete to be used, and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was � taken. The�Contractor shall provide manufacturer's certifications for all manufactured ftems to be used in the project and will bear any expense rela.ted thereto. � u b. Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement, and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. � c. Quality�control testing of in-place,mater�al on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor, and will be billed at � commercial rates as determined by the City. The failure of the City,to make any te'sts of materials shall in no way relieve the Contractor of his responsibility to furnish materaals and equipment conforming to the requirements of the contract. L�J D-23 estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this �Ontract. � D-41 Contractor's Responsibility for Dama�e Claims: Part C— General Conditions, Section C6-6.12 shall be revised to read as follows: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all cla.ims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or'invitees, whether or not anv such iniurv, damage or death is caused. �n whole or in nairt. bv the nePliQence or alleQed ne�li�ence of Owner, its oiFcers. servants. or emnlovees Contractor likewise covenants and agrees to indemnify and hold hannl�ss the Owner from and against any and all injuries to Owner's offcers, servants and employees and any damage, loss or destruction to property of the� Owner arising from the performance of any of the terms �nd conditions of this Contract, whether or not anv such iniury or damaPe is caused in whole or in nart bv the negli�ence or a1leQed neslisenc�e of Owner. its olfcers, servants or emnlovees . In the event Owner receives a written c aim for damages against the Contractor or its subcontractors prior to final payment, payment shall not be made until Contractor either (a) submits to Ownar satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. D-42 Water Service Relocation to Serve 7325 Randol Mill Road: The existing water service serving 7325 Randol Mill Rd. currently comes off a water line at the end of Sandy Lane. The Contractor shall, under this contract, locate where the existing water service crosses Randol Mill Rd. and provide a tap for the above address at this location. The existing service at Sandy Lane' shall be abandoned and the meter relocated to the appropriate location. Payment for all work and ma.terials necessary for the relocation of the water service servicing 7325 Randol Mill Rd. shall be included in the appropriate bid item. D-43 Pavement Repair in Parking Area: The unit price bid under appropriate BID ITEM(S) of the Proposal shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement. All required paving cuts shall be made with a concrete saw in a true and M ��T� L!' I�� '�I � ��i �I� �I ��I � ��I � � � �JI L�J � L�J invoice value thereof. �The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts �of less than $400,000 at the time of execution, retainage shall be ten percent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payrnents to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Payment of any partial pay estimate shall not be an admission on the part of the Owner of the amount of work done or of its quality or suf�ciency or as an acceptance of the work done; nor shall same release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payrnent of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract. . D-39 Proiect Clean-up: The Contractor shall be aware that keeping the project site in a, neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work sliall 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. Cleant up work shall include, but not be limited to: � • Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the � next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. ��J � LJ � D-40 Proiect Schedule: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction and allow the contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin� until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule has not been tumed in. Project schedule will be updated and resubmitted at the end of every D-25 �� PMS 167.(Copper) ,-. PMS 288 (Btue • � 8� _ �� , , , • , . . �, , 3" ' 3' 15" ' 3" . , _ , , • . � , ; , , , , , , , , 2.25" I , ' , , — , ,� � o� T o TH � � , . _.� .�., �"� . ,-r. ��•• �� r�n � ��ri�.�- . 2.25" O i N 4.5" 1 ) ,� P11AS 288 (Blue) „ . . ., . ., - , ; � — - ;' '; 4' -1 5" . :, , , , , , , , , ` . � � , , , , , o�z�, ��'a�e� , , , 3" 3.75" � , . � nds In Ac�ror�_ - 3.75" - _..--..- .� ' c , � , 4.5" � � , � '� � / 3" Radius � \ / ;_ PMS 288' (Btue� / �� / � . PROJECT S1C.�N � Scale �" - �' . Figure 30 09/18/96 � E2-1 Construction 1� L� f� � � C] �7 C� CJ� C�7 i� � � � 7 �1 L� L� C� C.� j / / � / ��. . , . . , , . , ;_. White N O � � � � � � a 0 a a � 0 0 0 a 0 a D � straight line on both sides of the trench, a minimum of twelve (12) �inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with crushed limestone base material, compacted and level with the finished adjacent surface. �. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. 0 D-27. � 8. No excavated materials, backfill materials, equipment, or supplies shall be stored a within floodways or drainage easements.(reference C6-6.6 GCD) 9. Trenches which lay outside existing or future pavements shall be backfilled above the top of the embedment with Type "C" backfill material. When Type "C" backfill material is not suitable, at the direction of the Engineer, Type "B" material shall be used. All backfill ma.terial shall be compacted to a minimum of 90% proctor density by means of tamping only. Trenches which cross under existing or future pavement shall be backfilled per Fig. "A" with 95% proctor density by jetting, tamping, or a combination of such methods. l O.The top of the water lines shall be a minimum of 3'-6" below tlre top of the curb for 12" and smaller mains except whe�`e otherwise shown on these plans. 11.All water meters shall be placed or relocated 3'-0" behind the face of the proposed � curb or as directed by the Engineer. 12.All existing water services shall be replaced with 1" minimum copper tubing unless a a larger size is indicated on the plans. Corporation stops shall be fully opened prior to trench backfill. Curb stops with lock wings shall be tested for full flow when the system is pressure tested. , a Extend 1" water services to those lots where no water services have been extended to. Locate these services at normal locations or as ,directed by the Engineer. � a.The normal location of water service lines shall be 5' east or north of the center of the property frontage. b.For 40' or less lot frontage, all water services shall be placed 18" from the east or a south property line. � � � � � � � i�� II� � ��I L�r � � �� ' I� �,_, �J CI LI i� LJ � [�� L'�J � GENERAL CONSTRUCTION NOTES Applicable iiesign and details shall Conform to "General Contract Documents and Specifications for Water Department Projects" (GCD) effective July 1, 1978, with'the latest revisions. 2. All horizontal blbcking, cradle blocking, and vertical tie-down blocking to be in accordance with Fig.(s) 9, 10, and 11 of the GCD. 3. Fire hydrants shali be located a minimum of 3'-0" behind the face of curb per Fig. 5 � GCD. 4. All gate valve installations for sizes up to 12" are to be per Fig. 3 GCD and sizes 16" and larger Fig. 4 GCD. 5. The proposed water and/or sewer mains at times will be laid close to other existing utilities and structures both above and below the ground. The contractor shall make necessary provisions for the support and protection of all utility poles, fences, trees, ' shrubs, gas mains, telephone cables, TU cables, drainage pipe�, utility services, and all other utilities and�structures both above and below the ground during construction. It is the contractor's responsibility to notify all utility owners prior to any construction in the area and verify the actual location of all buried utilities that may or may not be shown on the plaiis. The contractor shall preserve and protect all underground and overhead facilities and be responsible for any damage he may cause to them. The Contractor shall contact the following @ least 48 hours prior to excavating at each location: . Fort Worth Water Department Field Operations Fort Worth Transportation & Public Works Light and Signal Division Lone Star Gas Company Texas Utility Service Company° Southwestern Bell Telephone Company Texas One Call=Fiber Optics Location (MCI, AT&T, Sprint, etc.) Mazcus Cable T.V. � 871-8296 871-8100 Metro (214) 263-3444 336-2328 Enterprise 9800 1-800-245-4545 737-4731 6. Contractor shall verify the elevation, configuration, and angulation of existing line prior to construction of tie-in materials. Such verification shall be considered as subsidiary cost of project and no additional compensation will be allowed. Elevation adjustments at connections ma.y be made with bends, offsets, or joint deflections. All nonstandazd bends shall be ma�e using the closest standard M.J. fittings with the required joint defleetions.(deflections not to exceed manufacturer's deflection per joint) 7. Contractor shall keep at least one lane of traffic open at all times during construction , and access to all places of business and residence at all times.(reference C6-6.5 GCD) � CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 1999 CLASSIFICATION WAGON-DRILL, BORING MACHINE REINFORCING STEEL SETTER-PAVING REINFORCING STEEL SETTER STRUCTURES STEEL WORKER-STRUCTURAL SPREADER BOX OPERATOR WORK ZONE BARRICADE TRUCK DRIVER-SINGLE AXLE LIGHT TRUCK DRIVER-SINGLE AXLE HEAVY TRUCK DRIVER-TANDEM AXLE SEMI TRAILER TRUCK DRIVER LOWBOY/FLOAT TRUCK DRIVER TRANSIT MIX TRUCK DRIVER-WINCH � � VIBRATOR OPERATOR-HAND TYPE WELDER HOURLY RATE 12.00 13.21 1331 14.80 10.00 7.32 8.965 9.02 8.77 10.44 � 9.47 9.00 7.32 11.57 , l�' i� r-, �� I ii ��I ��I I� LJ L�J ,�I a � � I �___J �I U �� J ��l L'�J L� I � � CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 1999 CLASSIFICATION AIR TOOL OPERATOR ASPHALT RAKER ASPHALTSHOVELER BATCHING PLANT WEIGHER • CARPENTER CONCRETE FINISHER-PAVING CONCRETE FINISHER-STRUCTURES CONCRETE RUBBER ELECTRICIAN FLAGGER FORM BUII,DER-STRUCTURES FORM LINER-PAVWG & CURB FORM SETTER-PAVING & CURB FORM SETTER-STRUCTURES LABORER-COMMON LABORER-UTILITY MECHANIC OII.ER SERVICER PAINTER-STRUCTURES PIPE LAYER BLASTER ASPHALT DISTRIBUTOR OPERATOR ASPHALT PAVING MACHINE BROOM OR SWEEPER OPERATOR� BULLDOZER CONCRETE CURING MACHINE CONCRETE FINISHING MACHINE CONCRETE PAVING JOINT MACHINE CONCRETE PAVING JOINT SEALER CONCRETE PAVING SAW CONCRETE PAVING SPREADER SLIPFORM MACHINE OPERATOR CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL FOUNDATION DRILL OPERATOR CRAW�,ER MOUNTED FOUNDATION DRILL OPERATOR TRUCK MOUNTED �RONT END LOADER MILLING MACHINE OPERATOR MI3CER MOTOR GRADER OPERATOR FINE GRADE MOTOR GRADER OPERATOR PAVEMENT MARKING MACHINE ROLLER, STEEL VVHEEL PLANT-M1X PAVEMENTS ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING ROLLER, PNEUMATIC, SELF-PROPELLED SCRAPER SCRAPER TRACTOR-CRAVJLER TYPE TRACTOR-PNEUMATIC TRAVELING MIXER HOURI�Y RATE $9.00 9.55 8.80 11.51 10.30 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 10.30 8.72 10.74 9.25 11.13 10.42 9.00 10.39 10.50 9.92 11.04 10.00 11.83 9.96 8.62 10.30 11.97 10.96 732 9.06 8.59 8.48 9.63 ' 10.58 9.15 8.83 �I c ; � EXCA\/ATI�N, BACKF�ILL AND PAVE�MENT � . � REPAIR UNDER EXISTING STREETS � _ MIN, 2' HOT ❑R COLD MIX ASPHALT- EXIST, STREET PAVEMENT � TEMPORARY PAVING REPAIR SHOW,N - FDR PERMANENT PAVING REPAIR `DETAILS� SEE FIGURES 1-5 OR AS SPECIFIED IN THE � PLANS []R SPECIFICATI�NS, �iiii�il�i �ii��Itf 6'�[7MPA��D ��i�i��%�'%/////////%. � .'a • • �''' ' /�'i//. $%// TE///��/� / �.. '��•' • ' • . , ' a /%� . , . •'' ' •., . ♦. �. � � • . • • � . • � .4 . t�, • • . . •' • . . . .' .'.' : � • ;. B�TTOM ❑F TEMPORARY OR � • . .• � . � . ° • . . . •'„1+ •• ' PERMANENT PAVEMENT REPAIR '• .'' � „'. � : ,'• EXIST. BASEJ � \� . • . ".. � ' �-�TYPE C BACKFILL .: �• ' • • • SEE SPEC, E1-2 � SAND MATERIAL ' .. , , � 1'-6' MAXIMUM EMBEDMENT •• . • . SEE SPEC. E1-2 �• �•' MINIMUM 6' SAND . . �:,... . , . ' ' ~ "� EMBEDMENT CCIVER • ';. ,. .. : ;,.: . ..'• . . , • ; r• : ; , '�Qt�, . . . . : , . Q •. •., - MINIMUM 6 EMBEDMENT . . . • S •• . �. .• . .4 • . �1 � INCLUDED IN LINEAR FO�T BID PRICE ❑F PIPE F�IGURE A . CWATER SFIZES UP TO & INCLUDING 12") NTS REV= MARCH 25, 1999 � � � 1 � � L�l � �- � � � �:� � � 1� � � � � � � � 0 0 � �7 � � C� �77 �] � .� - , . r .«�T� o .«o. � . [%IfT. CU11• E%�it N.Y.A.C. IIM.A.C. RC/l�C[Y[MT t%IiT NYAC. 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MNlCN[V[R 1• MOR[ ' . fTI1MKNT. � ' � `\ ��prpKD IAGWTr wfTKIATWM Q ON YAdORMQ�CTf,M IIIO�CT [NMN[Ot OR DEflw1[II kUlT , . . [YAWTt M Nll'MD'TN OI G0ITIIN IIM.AC. MV[lKMT �t .'' ' .• �I►E TO MCIOL{�001�(T101M � ANUTY TO MITNiTA1D COKtTRtlCTIOM • ' • . . '. . • LOADMI�, N ANRO►IItAT[�TIR /U�L MDTN 0► /1/lACi 1MALl • ' ' � • . .. , �. ' • • • ' ; + dTCN M1ALL K R[YOY[0 � K�IAC[D MITM ArN10M1AT[ TR[ATI�l7iT TO ' ' ' ' - • • • - • ' tXItT1N� SAlt 011 flJNRAD[ YAT[MAI.� • � ' \ � a a co � TYPICAL SECTlON-TRENCH REP�41R W � TYPICAL H. M. A. C:�SURFACE WITH SOIL BASE, w c�rr of foRr MqArN * N0T wn` """""w c°'�c""` aev-e-io-ez � ' TRANSP�RTATIuN/PUBLIC WvRKS OEPT. �[v-11-1—Tt . � FIN No. C-32 2 9 ENt/KfERM►�f D/Y/�/ON �-� t-�d-�o f/�. + � . t � � � � � '�� "Tubii79� c�� or� �.-y,,, .� . �,�;, �.,: �;;;y,� . J' „� • ,� � 2'Ge9/�! �i,o¢ :;_ �' :'•,�� ; N ' '%i�� ',:o•, .�.,� ,;.,�,.�,•."''�';�.• ::� � . • :-. : ° :;,' : d,�': . 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TEXAS • i-,�'�l�1i� SEi4j//CE CONNECT/ON DE%4/L F/GUk'�' 2 Rev. 9-r2�-91� �� ! . .—r�--�:'.:..: � ; -- — -•� �. � _ .. .. . -- -- - �- - Ex�'s� C,6. � � . � ,�� . � . . � • a � � � f � � � Lr1 �� -- � w._ _ , .. _ .;, � 1� �� . � ', � � � �� i' � �' ,� -- �' , ,� � �' �' � �� . � �-rs • vfati�rsrrts•�1 E•Y%$f /y21�Qr i�BU�1. � t st t �QJ�d// �'Or 1� � � %Qn7�J. as�rY%C¢ •� ��iSLiLiLiiiii S � � � Conn¢ clio n. �es:.ir�ssv.rsirisi 1 � 11 11 � �� .� � . �� '� ' e �� b �; � h � - � sss-rs�r.r:ri � � •y � e � ;�� • . VV . , ; � `� � �� ;; .vrr: r.rs�s v�.sti� .(! �::s rs=as=�tisl� C t � � �i �•C hQ � '� e� �t1. �; � � i� �C I Q� e • " �� r� � � � ��s�.zt��z D�Lz� �� ti , � � .` o �:re v:rirr�rslz�� ; �e „ „ , „ �, �� ,� - s« o��a;r �o•- To F. h! Ou/�l !'o� Tern,o. , '�— k�/Zt�' Sa.oio �J' �r��,,. /nJt�seclroi� Crouin� � `: • . 1+rT �'�`• �"Y'1''''-+K��tr'�'.:i•�r�''��':��• �tbtc„•,t.',:A-: � � %i?/!'�/.�• $Q/'✓/G'4�A� � �i 2" G.i/Y �i�o¢ v , li �' �� . CITY WATER DEPARTMENT fORT WORTH, TEXAS � - . rr��c�� s.ailv B �—�ASS �A.�OGI7' � F/GURE 1 � . .. . � ..„ � E�ris1. Cb. .i �v. 9 •�t � S1� ►�-, ' E.rist. �v:.,gij � 36 "M.�W. •C � .4s,�ha/1 Cover� � `� 2•• Gc�/✓. /�ij�¢. �`bV4�*� i�jK. •��, i � 1 � ��. �l �Y 'i'/ �.i►C �� i � . " �'`'• ' �+,,,�•�utr+ 1'1 �' •'•x•�'►`'�iL�, � S�'�o��d, FinishQd 2 �6. /S'"'.4bc/'ii�9 Fe/% .�G "Wic�Q. � � � �� - 0 CITY WIITER OEPARTMENT • FORT WORTH, TEXAS //!/TERSECT'/ON CRo SSiN� r0 E T.q !L F/GU�PE 3 a -� . _,�... , � _ . . . Rev. 9-�2 -9n . . �L6S Thence: NORTH, a distance of 407.08 feet the North line of said Johnson Tract, also being in the South Right — of - Way of Randol Mill Road; Thence: �Vith said North line, and South Right — Of - Way North 68 degrees 20 minutes East, a distance of 16.14 feet, to the Northeast corner of the herein described parcel, from which the Northeast corner of said Johnson Tract bears North 68 degrees 20 minutes East, 12�.59 feet, and fror� said corner a'/<" Iron Rod found at tk�e Northwest corner of said Lansford Tract bears South 00 degrees 40 minutes East, 8.73 feet; Thence: SQUTH, a distance of 413.00 feet to the place of �eginning and containing, 6150 square feet of land, more or less. � Surveyed on the ground August, 1999. � Bearing based on'/4" Iron Rods found for the North�vest, and Southwest corners of a tract of land to Charles W. Lansford, recorded Volume 11 �89, Page 573, Deed R � �, Tarrant County, Texas. � � �` / _ ro� - ' �� va�� SEE ATTACHED EXHI�IT I It is further agreed and understood that the City of Fort Worth ��•ill be permitted the use of the above described strip of land fer the purpose of the c�nstruction and maintenance of a water main. An ingress and egress easement shall be gr nted in order that access may be gained to the above described Permanent Water Main Ea�ement. TO HAVE AND TO HOLD the above described �remises, together with, all and singular, the ri�hts and appurtenances thereto in anywis� belonging, unto the said City of Fort Worth, its successors and assigns, forever. � And I/we do hereby bind myself/ourselves, my/our heirs, successors and assigns, to warrant and forever defend, all and singular, the said premises unto the said City o� Fort Worth, its successors and assigns, against every person whomsoever la�vfully clai�ning or to claim the same or any part thereof. � � � �� g �3 �� 0 l� � � FOT OTH� R R. � -. �. � - =::.:.-- 8" Water Line Extension in Randol Mill Road DOE # 2822 � Tract # 4B, William Masters Survey, Abstract Num°�er 1048� �THE STATE OF TEXAS COUNTY OF TARI2ANT § � § ,PERiVIANENT VVATER MAIN EASEMENT �� ,� � � �► � THAT WE/I, Billy Don and Billie, Johnson, hereinafter refereed to as "Grantor", for and in considerat'ion of One Dollar ($1.00) and other valuable consideration paid to Grantor by the City of Fort Worth, a municipal' corporation of Tarrant County, Texas, the receipt of which is hereby acknowledged, do grant, bargain, and convey unto said City of Fort Worth, its successors and assigns, the use and passage in, over, across, below and along the following parcel or tract of land situated in Tanant �ounty, Texas, in accordance with the plat hereto attached, to wit: Being �. fifteen foot permanent easement for the construction, maintenance, and operation of a water system and its appurtenances, situated in the William Masters Survey Abstract Number 1048, Tarrant County, Texas, and also being a portion of that certain tract of land conveyed to B.D. Johnson, by Deed recorded in Volume 3811, Page 74, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as fo7lows: Beginning =in the South line of said Masters Survey, from which a 3/0" Iron Rod Found at � the southeast corner of said Johnson Tract, and being the southwest corner of a tract of land to Charles W. Lansford recorded Volume 11689, Page 573, Deed Records, Tarrant Cour�t�, T�xas, and Tract 2, according to deed recorded in Volume 2286, Page 573, and � Y � e �.yeC}. .Y� �r ' ��: by deed call being situated four varas west of the southeast comer of said Masfers �urvey, bears North 89 degrees 49 minutes East a distance o� 122.06 feet; � Thence: South 89 degrees 49 minutes West, along the �OUTH line of said Johnson Tract a distance of 15 feet; , � � :%�: "'� I � ENGINEERING DEPARTMENT THE CITY OF FORT WORTH * lOOOfTHROCKAtORTON STREET * FORT WORTH, TE.'SAS 76 1 02-63 1 1 (81'� 871-7941 * Fnx (81� 871-7854 � j .Printed oa reeycied paper � � r � � � � � � � � � � � C It is intended by these presents to convey a Permanent Water Main Easement to the said City of Fort Worth to maintain, construct and repair the above described improvements, with the usual rights of ingress and egress in the necessary use of such Permanent Water Main E�sement, in and along said premises. WITNESS our hand(s) this, the day of °�� . c,�-J , , 0 0 ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned aut�}ority, a Notary PL blic in and for the State of Texas, on this d"ay personally appeared �J��. ,� ,�v � I�15 � rl , Known to me (or proved to me on the oath of � , A credible witness),to be person(s) whose name(s) is (are) subscribed to the foregoing instrument and acknowledged to me tha�" he/she/they executed the same for the purposes and consideration therin expressed. . ,19 . GI EN LJNDER MY HAND AND SEAL OF OFFICE, this the ,3 day of � ,LJ , AD 19�. � � , � ;'��``\`\P�� N � y'��''� .2 • �( p _� � ,��;z•�P 6<n, �e w: � 'O :�' ��E �jSP� •? �'��k��p`��i �� Notary Public, State- f Texas on the � �""'Tay of`' /�Q,/U(;UV , �� r � d East,104.07 fe�t, and from said co"rner a'/a" �Iron Rod Found at the Northwest corner of said Lansford Tract bears South 00 degrees 40 minutes East, 8.73 feet; � � Thence: SOUTH, a distance of 420.94 feet to the place of beginning and containing, 8339 �quare feet of land more or less. Surveyed on the ground in and August 1999. Bearing based on '/4" Iron Rods Found for the Nortliwest, and Southwest corners of a tract of land to Charles W. Lansford, frecorded Volume 11689, Pa;e 573, Deed Records, Tanant County, Texas. � The above said easement shall become null and void upon c�mpletion of the a construction and its appurtenances by the City Council. SEE ATTACHED EXHIBIT said It is fiirther agreed'and understood that the City of Fort Worth will be permitted the us �'''«S« the above described strip of land for the purpose of the construction of a water main. An sua ingress and egress easement shall be granted in order that access may be gained to the above described Temporary Construction Easement. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights appurtenances thereto in anywise belonging unto the said City of Fort Worth, its successors and assigns, forever. And I/we hereby bind myself/ourselves, my/our heirs, successors and assigns, to warrant and forever defend, all and singular, the said premises unto the said City of Fort Worth, its successo�rs and assigns, against every person whoinsoever lawfully claiming or to claim the same or any part thereof. It is intended by these presents to convey a Temporary Construction Easement to the said City of Fort Worth to, construct and repair the above desc�?ibed improvements, �vith the usual rights of ingress and egress in the necessary use of stich Temporary Construction Easement , in and along said premises. � IN `V�TNESS WHE � OF, Grantors have caused this ins �rument to be executed on the �/��day of � � , 19 �. GRANTOR: � q��. � . � � � � , . ., o`�,�`' � � � � � �►�' � � � � �, . � � L!" � � � lJ � J� � FOT QTH R � �� __ �� _ -.....� 8" Water Line Extension in Randol Mill Road DOE # 2822 Tract 4B, William Masters Survey, Abstract Number 1048 Temporary Construction Easement # 1 THE STAfiE OF TEXAS § � COUNTY O� TARRANT § TEMPORARY CONSTRUCTION EASEMENT # 1 THAT I/WE, Billy Don Johnson and wife Billie, hereinafter referred to as "Grantor", for and in consideratiori of One Dollar ($1.00) and other valtiable consider'ation paid by the City of Fort Worth, a municipal corporatio�i'of Tarrant County, Texas, receipt of which is hereby acknowledged, do grant, bargain, and convey unto said �ity, its successors and assigns, the use and passage in, over, across, below and along the follo�ving parcel or tract of land situated in Tarrant County, Texas, in accordance with the plat hereto attached, to wit: � Being a twenty foot Temporary easement for the construction; of a Municipal Water � System and its appurtenances, situated in the William Masters Survey, Abstract Number 104$, Tarrant Co�tnty,. Texas and be%ng a portion o�f that certain tract of land as conve�ed ; to �illy Don Jolmson, by deed, r�eortled in V�lume 3811, Page� 74,, Deed Reeords, � Tarrant County, T'exas and being mor� parti�ularly desc�ibed by metes and bounds as follows: �` Beginning in the South line of said Masters Survey, frorn which a'/4" Iron Rod Found at the southeast corner of said Johnson Tract, and being the southwest corner of a tract of � land to Charles W. 'Lansford recorded Volume 11689, Page 573, Deed Records, Tarrant County, Texas, and Tract 2, according to deed recorded in Volume 2286, Page 246, and by deed call being situated four varas west of the southeast corner of said Masters Survey, � bears North $9 degrees 49 minutes East, a distance of 122.06 feet; Thence: NORTH, a distance of 413.00 feet to the North line of said Johnson Tract, also being the South Right — of — Way of Randol Mill Road; � Thence: With said North line, and South Right — of — Way, North68 degrees 20 minutes East, a distance of 21.52 feet, to the Northeast corr�er of the herein described parcel, from which the Northeast corner of said Johnson Tract bears North 68 degrees 20 minutes � l�] ,� ENGINEERING DEPAR'�MENT �'1! , THE CITY OF FORT WORTH * lOOO THROCKMORTON STREET �' FORT WORTH, TEXAS 76102-6311 (81'� 871-7941 * Fax (8t� 871-7854 �, �^j Printed on recycted paper � • ,. • r� � � � � � � f �� .� � � a ACKNO�VLEDGEMENT THE STATE OF TEXAS '§ COUNTY OF TARI�.ANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared . , Known to me (or proved"to me on the oath of , A credible witness),to be person(s) whose name(s) is (are) subscribed to.the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. GIVEN LTNDER MY HAND AND SEAL OF OFFICE, this the ,�AD 19 . Nota'ry Public, State of Texas My Commission expires on the day of day of , 19_ • � East,141.73 feet, and from said corner a 3/<" Iron R�od Found at,the North�vest corner of � said Lansford Tract bears South 00 degrees 40 minutes East, 8.73 feet; Thence: SOUTH, a distance of 407.08 feet to the place of beginning and containin;, 8062 � square feet of land more or less. � Surveyed on the ground in and August 1999. Bearing based on '/4" Iron Rods Found for the North�vest, and South�vest corners of a tract of land to Charles W. Lansford, recorded Volume 11689, Page 573, Deed Records, Tarrant County, Texas. � The above said easement shall become null and void upon completion of the abov construction and its appurtenances by the City Council. SEE ATTACHED EXHIBIT It is further agreed and under,stood that the Cit}• of Fort Worth will be permitted the the above described strip of land �for the purpose of the construction of a �vater main. An ingress and egress easement shall be granted in order that access may be gained to the above described Temporary Construction Easement. TO HAVE AND TO HOLD the above descril�ed premises, together with all and singular, the rights appurtenances thereto in anywise belonging unto �the said City of Fort Worth, its successors and assigns, forever. And I/we hereby bind myself/ourselves, my/our heirs, successors and assigns, to �varrant and forever defend, all and singular, the said premises unto the said City of Fort Worth, its successors and assigns, against every person �vhomsoever lawfully claiming or to claim the same or any part thereof. It is intended by these presents to convey a Temporary Construction Easement to the said City of Fort Worth to, construct and repair the above described improvements, �vith the usual rights of ingress and egress in the necessary use of such Temporary Construction Easement , in and along said premises. IN WITNESS WH REOF, Grantors have caused this instrument to be e.cecuted on the .�� day of u� � , 191�• � a - , GRANTOR: � �`'�l� � � � � � � � � � �r �� ' � � � .� . 4 . �' � �ORT ORTH. — \ \ _� F_ � � � �� _ �— DOE �# 2822 Tract 4B, William Masters Survey, Abstr�ct Number 10�8 Temporary Construction Easement # 2 THE STATE OF TEXAS § � COUNTY OF TARRANT §� � TEMPORARY CONSTRUCTION EASEMENT # 2 ri � THAT I/WE, Billy Don Johnson and wife Billie, hereinafter referred to as "Grantor", for and in consideration of One bollar ($1.00) and other valuable consideration paid by the City of Fort Worth, a municipal corporation of Tarrant County, � Texas, receipt of which is hereby acknowledged, do jrant, bargain, and convey unto said City, its successors and assigns, the use and passage in, over, across, below and along the � following parcel or tract of land situated in Tarrant County, Texas, in accordance �vith the plat hereto attached, to wit: O � � �r � � Being a t�venty foot Temporary easement for the construction, of a Municipal Water System and its appurtenances, situated in the William Masters Survey, Abstract Number 1048, Tarrant County, Texas and being a portion o� that certain tract of land as convey'�d to Billy Don Johnson, by deed, recorded in Volume 3811, P,.aje 74, De�'d Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: Beginning in the South line of said Masters Survey, from �vhich a'/4" Iron Rod Found at th� southeast corner of said Johnson Tract, and being the south�vest corner of a tract of land to Charles W: Lans�ord record�d Volume 11689, Page 573, Deed Records, Tarrant County, Texas, and Tract 2, according to deed recorded in Volume 2286, Page 246, and by deed call being situated four varas west of the southeast corner of said�Masters Survey, bears North 89 degrees 49 minutes East, a distance of 157.06 feet; ,�� y . �, ., w � Thence: T�tORTI-�, a distarice of 399.1 � feet to the North line°��df s'�id Johnson �Tract, also being the South Right — of — Way of Randol Mill Road; � Thence: With said North line, and South Right — of — Way, North68 degrees 20 minutes East, a distance of 21.52 feet, to the Northeast corner of the �erein described parcel, from which the Northeast corner�of said Johnson Tract bears North 68 degrees 20 minutes � :%�: � :�;��: ENGINEERING DEPARTMENT THE CITY OF FORT WORTH * lOOO TNROCISMORTON STREET * FORT WORTH, Texas 76102-6311 " (81� 871=7941 * Fnx (81� 871-'7854 . r^� Pdnted on recYcled Daper � � r � � � � � � � a. � � � � � � � � � � ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF TAFETtANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on tL�is day personally appeared , Known to me (or proved to me on the oath of , A credible witness),to be person(s) whose name(s) is (are) subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. GIVEN LJNDER MY HAND AND SEAL OF OFFICE, this the day of , AD 19_. Notary Public, State of Texas My Commission expires on the day of , 19_ C� CJI• �'� �` ��i �.J C�' �3 C�f `` ►�� '� C'� � �"�, �' �` �.� � i►.� — cMnac su�tt M r[Ei �et * O� �� .\��0� �►�� , � � �t� P ��v J ; ; Detoil "A" � � ��.. �� a,r � s x � J _ � � �...� �.,,.,.,....� f i � � �ooa ��e� .� ...� y� �� o ao\ �;�� s S Sn Delai �A� I �� r Y -- .� . R�. ��, �oseQ J�5 O° � N ��e� � Sv ,��1 — � Nbq1'� r�i>m..:� e«�« c�.�.�e.a no�� / �� , ,�� ' J�� i �iau• / � a.cael ��..>��•,� P� t� , ^� � � E i= P a A PARCEL OF LAND : FOR THE PURPOSE OF A WATER € l� I�� 3� LINE EASEMENT OUT OF THE o : . o o,,,,,,�,,; W �; � W � o o,„,�� WILLIAM MASTERS SURVEY ABSTRACT B.D. Johnson ond Wife � _^ Charlp W. Lwstwd va�me 3sit � 1� �� NUMBER 1048 AND BEING A POR110N o '� - Vdume 11689 P�9e 74 p ��;, z o o:� Paqe s�3 OF THAT CERTAIN TRACT AS D.R..T.C..T. 3 a I. : I�' � -' D.R..T.C..T. � CONVEYED TO BILLY DON JOHNSON a s��:�� - ' � � •AND WIFE. BILUE. g t a �� € o o' � � i � '�,o� � I�g � c � � 0 7/�' �m eee iwna -�-� �+-4Q0' (soum.nt ea�« t.«t 7 Valum� JIM Peq T�6 W /5.0�� lm�1a� Lxli SS.O�-+-I � r— i0.0� � �t-- $eyl�ee�t COr�w W iM Yotlers Swwr P.0.8. �stoensnw �n D�ea �ecaae va�m. 7en '� w'� /- 'v �. o..a e«am ra.,,�� ca,�i� re.m �nKaa - �sr .as.o.� � �. �..�. m. �i r �a:.a' �` / � S 89'�Y''M ' ' J S l719' N �l610' 3/!' Ma� Rod faM--� 3 �1/7' km ReJ fwn0 o.ro--� /1 OwfIGlM �` P.O.B. Romans VII Minlstries Inc. Permonent Lot 14 Bloek 6 Owner: r;; wo�er �ina Droughon AddHton F.D.I.C. e'` Eosement 388-U Po e 69 Voiuma 11322 9 Po e 1114 j{ a�d Tempaary P.R..T.C..T. 9 woter Eosement EXHIBIT SHOWING Ownershy tectte0 moy not re0eel current ovmprshq�. ,ww : i. iaor sou?N m. umi«s sr.er �-��7 Mycdma�. txuuon xaxin u.. c. am�s sv..r �- cw �v0� S� �t5 G�o F.°�1oe�t �a��6 6 6 �`O� �Q' i D.R..T.C..T. �•� �� lediqs EoseA an RK>0 Mq�w�n�nL iw�w /e. , 1.13 Aores �> m. v,csr M. o� �.o� ��o:. aa� w,Ko.aa va nse Surveyed on lhe ground August 1999 t<w a veo. sn aw x.�we. i>.em ca.�y �/r �e� rterrw.�� - e«e�e me�,M,..� pn YmsMq ca� YehwV 116l9. Peq� S]] os DEP4�RYMENT OF ENGINEERING M ENGINEERING DIYfSION CtlRv�r s�nt�N DATE B 31 99 SCAIr rie700' DRAWN BY G.D.NC FILE N0. �822900t !J � C�J � L�J � VYATER DEPARTMENT All materials, construction methods and procedures used in this project � shall conform to Sections El, E2, and E2A of the Fort Worth Water Uepartment General Contract Documents and General Specifications, together with any additional material specification(s), construction(s) or later revision(s). (See revisions listed on this sheet). Sections El, E'L and E2A of the � Fort Worth Water Uepartment General Contract Documents and General Specifications are hereby made a part of this contract document by refarence. for all purposes, the same as if copies verbatim herein, and such Sections � are filed and kept in tha office of tiie City Secretary of the City of Fort Worth a5 an official record of the City of Fort Wortt�. � C� l#J I�J � l', �I � � INDEX El Ez E2A SEC7I0�� E SPrCIFICATIO�VS JaJUARY 1, 197� MATERIAL SPECIFICATIONS CO��STRUCTI ON SPECI FI CATiO�JS GENERAL DESIGN DETAILS Revisions as of April 'L0, 19�1, follow: E1-'L.4 Backfill: (Correct minimum compaction requirement to 95ro Procter density and correct P.I. values as follows:) c. Additional backfill requirements when approved for use in streets: 1. Type B Backfi 17 �(c) Maximum plastic index (PI) shall be � L. 7ype C �ackfill � (a) Material meeting requirements and having a PI of 8 or less si�a71 be considered as suitable for compact- ion by 3Qtting (�) Material meeiing requirement and having a PI of 9 or more si�al l be consi dered for use only wi ti� meciianical compaction - E�-2.11Trencii �ackfill: (Correct minimum compaction requirement wherever it appears in this section to 95°6 Procter deiisity except for paragraph a.l. wtiere the "9�� modified Procter density" shall remain unchang��). L�J � � CERTIFICATE QF INSURANCE TO: CITY OF FORT WORTH Date_ � NAME OF PROJECT: � � PROJECT NUMBER: IS TO CERTIFY THAT : � is, at the date of this certificate, Insured by this Company with respect to the business operations hereinafter described, for the type of insurance and accordance with provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. � TYPE OF INSURANCE Policy Effective Expires � Limits of Liability Worker's Compensation a Comprehensive General Liability Insurance (Public Liability) aBlasting Collapse of Building or structures adjacent to � excavations Damage to Underground Utilities � Builder's Risk Comprehensive Automobile Liability �I � Contractual Liability Bodily Injury: Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Ea.Occurrence: $ Ea.Occurrence: $ Ea. Occurrence: , $ Bodily Injury: Ea. Person: $ Ea. Occurrence: $ Property Damage: Ea. Occunence: $ Bodily Injury: Ea.Occurrence: $ Properiy Damage: Ea.Occurrence: $ Other � Locations covered: Description of operations covered: aThe above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or a cancellation. Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to be assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement � thereto attached. • Aeencv aFort Worth Aeent By Address Title � u l� � � �„' CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A Labor Code Section 406.096, Contractor certifies that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Project Number PW53- � 060530175750 � � DAVILA CS3NSTRUCTIQN, INC. C�TRACTOR BY� ( .�'�G-:7;.� � /i(� r�/ _ _ _ ' 6 - ��y��L' '� � i -�� % V ie JAN 0 4 2000 Date STATE OF TEXAS � COUNTY OF TARRANT � BEFORE ME, the undersigned authority, on this day personally appeared ��L %- �. LJ��y�vc: known to me be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of �� J� Z A �r� a�T2�c-r � aa� Z`�� c.. for the purpose and consideration therein expressed and in the capacity therein stated. � GIVEN LJNDER MY HAND AND SEAL OF OFFICE this day of . 19 . � � . � � �% � OSCAR DE JESUS REST,^-, _;=;;` �y `. i,� /,�� , I�ot�ry Pubdic� Sta6� of T�x.u3 � 1 � Yy Comml'alon Expires � Notary Pu lic in d for� ��1-� the State of Texas � .�� ,,.� ' 1 , 1 � � � r PERFORMANCE BOND Bond No. KO-595339A TI� STATE OF TEXAS COUNTY OF TARRANT § �" KNOW ALL MEN BY'TI�SE PRESENTS: That we (1) DAVII.A CONSTRUCTION, INC. a(2) CORPORATION of TEXAS, hereinafter call Principal, and (3)INDEMNITY INSURANCE COMPANY OF � NORTH AMERICA a corporation organized and e�usting under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the � penal sum of: ONE HUNDRED FOURTY-SEVEN TFIOUSAND THREE HUNDRED SEVENTY-SIX AND 25/100. � (�147.376.25) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Te�s, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Tf� CONDITION OF THIS oi OBLIGATION is such th��Wh�re�s��rincipal entered into a certain contract with the City of Fort Worth, ihe Owner, dated the �l fV U , 1999 a copy of which is hereto attached and made a part hereof, for the construction of: WATER REPLACEMENT CONTRACT 99HH IN RANDOL MILL ROAD FROM TRINITY COURT TO 7325 RANDOL MILL ROAD AND SANDY LANE FROM WINTER STREET TO 7325 RANDOL MILL ROAD Designated as Project No. (s) PW53-060530175750a copy of which contract is hereby attached, referred to, and made a part hereof as fully and to the same erctent as if copied at length herein, such project and construction being hereinafter referred to as the "work". NOW T'HEREFORE, 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 incuned under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and �= e�pense which the Owner may incur in making good any default, then this obligaUon shall be void; othenvise to remain in full force and effect. r` PROVIDED FLTRTE�R, that if any legal action filed upon this bond, venue shall lie in Tarrant County, State of Texas. .- , � � F1 � , � AND PROVIDED FIJRTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be perfonned thereunder ar the specifications accompanying the same shall in any wise affect its obligations on this bond, and it � does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract _ or to the work or to the specifications. IN WIT'NESS WHEREOF, this instrument is executed in 10 counterparts each one of which shall be deemed an original, this the of JAN 0 4�nnn , 1999. ATTEST: � ��, DAVILA CONSTRUCTION, INC�i i / (Principal) Secretary PRII�C AL, (4) / ; � �f , BY: �:�� -�.�.-C�C— �/ Title: � �`" � � _/�l � ; � 1,�-+'G�L�'✓ (SEAL) 3325 PANOLA AV��/ FORT WORTH, TEXAS 76103 � ,'_ _' "_ Witness as,to �'ri ' �U�� a'� � ec�nol4 Address ` ATTEST: (S ty) Secretary _ -�� (SEAL) __�� itness as to Surety 811 Lamar. Suite 310. Fort Worth Texas 76102 (Address) � L,. (Address) Indemnit� � Insurance Companv of North America urety � G `O-3 � BY: , ; J (Atto - n- � (5) �� Martin A. Prisant 811 Lamar, Suite 310. Fort Worth Te�cas 76102 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual, as case may be (3) Conect name of Surery (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact.. � F2 J r�� i.., �., � �. , � . PAYMENT BOND Bond No. KO-595339A TI� STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY'TI�SE PRESENTS: That we (1) DAVILA CONSTRUCTION. INC. a (2) CORPORATION of TEXAS, hereinafter call Principal, and (3) INDEMNITY INSURANCE COMPANY OF NORTH AMERICA. a corporation organized and e�cisting under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the Ciry of Fort Worth, a municipal corporarion organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all person, firms, and corporarions who may furnish materials, for or perform labor upon the building or improvements hereinafter referred to in the penal sum of : ONE HUNDRED FOURTY-SEVEN THOUSAND THREE HUNDRED SEVENTY-SIX AND 25/100 f$147.376.25) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly to these presents. TI� CONDITION OF THIS OBLIGATION is such that Where�s�th� � nciQal entered into a certain contract with the City of Fort Worth, the Owner, dated the day of �11� ZDUD A.D. , 1999, a copy of which is hereto attached and made a part thereof, for the construction of:: WATER REPLACEMENT CONTRACT 99HH IN RANDOL MILL ROAD FROM TRINITY COURT TO 7325 RANDOL MILL ROAD AND SANDY LANE FROM WINTER STREET TO 7325 RANDOL MILL ROAD Project No. (s)PW53-060530175750, a copy of which is hereto attached, refened to and made a pari hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter refened to as the "work". NOW TI�REFORE, the condition of this obligaUon is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160, Revised Civil Statutes of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it �,; shall remain in full force and effect. F10 LJ � ' ' � ,-, TI� BOND IS MADE AND ENT'ERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, "--' and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised � Civil Statutes. PROVIDED FiJR'TI�R, that if any legal action be filed upon this bond, venue shall lie in Tanant "� County, State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of addition to the terms of the contract or to the work to be performed thereunder or � the specification s accompanying the same shall in any wise affect its obligation on this bond, and it dces hereb_y a waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to the specifications. PROVIDED FiJRTI�R, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. . O IN WITNESS WHEREOF, this instrument is executed in lOcounterparts each one of which shall be deemed an original, this the day of ___ A.D., 1999. �1AN �� 4 ZO�O ATTEST: DAVII,A�A�lY�TRUCTION, C. , ' PRINCIP BY:_('.�%�'Jl.., ; � , Title: � t-�-`� � ��_ � , l (Principal) Secretary (SEAL) � ��Z'�� Witness as to rincip�l� v 33as qno�u��o�t �c�� . � Address I�" , � A . � '" � urety) Secretary I �� (SEAL) .... � , vl�� itness as Surety � 811 Lamar. Suite 310, Fort Worth. Texas 76102 O 3325 PANOLA AVENiJE FORT WORTH, TEXAS 76103 (Address) Indemnity Insurance Companv of North America Sur ty i � BY: � . (Attorn -in-f (5) � 6 �� Martin A. Prisant (Address) 811 Lamar, Suite 310, Fort Worth. Te�s 76102 (Address) NOT'E: Date of Bond must not be prior to date of contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual, as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney in Fact. ' � � MAINTENANCE BOND No. KO-595339A TI� STATE OF TEXAS § � COUNTY OF TARRANT § KNOW ALL MEN BY TF�SE PRESENTS: That (1) DAVILA COSNTRUCTION, INC. as y�,, Principal, acting herein by and through (2) ALMA DAVILA its duly authorized VICE PRESIDENT and (3) INDEMNITY INSURANCE COMPANY OF NORTH AMERICA a corporation organized under the laws of � the State of Pennsylvania, as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, A Municipal Corporation, chartered by virtue of ConsrituUon and laws of the State of Texas, at Fort Worth, in Tarrant Counry, Te�cas the sum of ONE HUNDRED FOURTY-SEVEN THOUSAND THREE HUNDRED SEVENTY-SIX AND 25/100. ($147,376.25) in lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth and its successors, said Contractor and surery do hereby bind themselves, their heirs, executors, administrators, assigns and successors, joinfly and severally. This obligation is conditioned, however; that, �. WHEREA��►� �ri��,ip� has entered into a certain contract with the City of Fort Worth dated UO 999, the performance of the following described public work and the conswction of the following described public improvements: k WATER REPLACEMENT CONTRACT 99HH IN RANDOL MILL ROAD FROM TRINITY COURT TO �� 7325 RANDOL MILL ROAD AND SANDY LANE FROM WINTER STREET TO 7325 RANDOL MILL ROAD � of same being referred to herein and in said contract as the Work and being designated as Project No. (s) PW53- 060530175750and said contract, including all of the specifications, conditions and written instruments refened to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part ; hereof, the same as if set out verbatim herein; and , .�_ WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during the period One (1) Year after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of One (i) Year; and, . WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it be � necessary; and, WIIEREAS, said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruct said � work as herein provided. ' � �N FS NOW TT-IEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or , reconstruct said work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no Force or effect. Otherwise this Bond shall be and remain in full force and effect, and said City shall have r- and recover from the said Contractor and its surety damages in the premises prescribed by said Contract. This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is ' e�austed. WIIEREAS, all parties covenant and agree that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas; and, � �, L.� IN WITNESS WHEREOF, this instrument is executed in 10 counterparts, each one of which shall be deemed an original, dated 1/1 AI 11 A 7nn� . 1999. ATTEST: (Principal) Secretary (Seal) DAVILA C iYSTRUCTION, �. PRINC�AT, (4) 9'��2�� i;��'' BY: ��1/,!'��'L--t,',� � - Title: "-- � � /.r ��/-fs'l_�2 �"� , � �i/iGG� �� Witness as to rincip� l,,,, c� �Jo�s �n�. �1G � � �T V (Address) ATTEST_ � � � �� (SEAL) 811 Lamar, 3325 PANOL� AVENUE FORT WORTH, TEXAS 76103 (Address) n'l DE� ITY INSURANCE COMPANY OF NORTH AMERICA W�C� , l �• �-G l03 � Surety BY: 1� J (Attorn -' -fa (5) � Martin A. Prisant /^ 811 Lamar, suite 310, Fort Worth Texas 76102 ( � � (Address) (Surety) Secretary NOTE: Date of Bond must not Ue prior to date of Contract ��"'Ci /�! / Witness as t Surety 310, Fort Worth Texas 76102 (1) Correct Name of Contractor (2) A Corporation, a par[nership or an Individual, as case may be (3) Correct name of Surety (4) If Cornractor is Partnership all Partners should execute Bond ( 5) A Uue copy of Power of ALtomey shall be attached to Bond by Attomey-in-Fact. � F6 ,��' �`ower ot' Attorney � WDENINITY INSURANCE COMPANY OF NOR'I'H AMERICA Bond No.: KO-595339A � - ". iii s c � 848467 � KIIOW all itleri by thCSe pYCSC11tS: That INDEMNITY INSURANCE COMPANY OF NORTH AMERICA , a corporation ofthe Commonwealth of Pennsylvania , having its principal office in the City o1 Philadelphit Pennsylvani; , pursuant to the following Resolution, adopted by the Boazd of Directors of th� � said Company on December 5, 1983, to wit: "RESOL VED, That pursuant to Articles 3.18 and 5.1 of the By-Laws, the following Rules shall govem the execution for the Company ef bonds, imdertakings, recognizences, c�nhacts and othar wriCvigs in the nature � thereof. i (1) That the President, any Senior Vice President, any Vice President, and Assistant Vice President, or any Attomey-in-Facy may execute fer and on behalf ef the Ccvnpany any and all bcmds, undertakings, recognizances, conhacts and other wrrtings in the nature thereof, the sazne to be attested when necessary by the Cotporate Secretary, or any Asxistant Cerpornte Secretary, and the seal of the Company affixed thereto; and that the '��. President, any Senior Vice President, any Vice President or any Assistant Vice Pcesident may appemt and authettize any other OfI'icer (elected or appom[e� of the Company, ant Attorneys-In-Fact to so execute or attest to the execution of all such writings on behalf ef the Company and to affix the seal ef the Company thereto. (2) My such writing executed in acccxdance with these Rules shall be as binding upon the Company in any case as though signed by ihe President and attested [o by the Cotporate Secreta[y. (3) The signahve of the President, or a Senior Vice Piesident, or a Vice Presideny or an Assistant Vice President and the seal of the Company may be affixed by facsimile on any power of attemey granted �iusuant [o thi� Resolution, and the signature of a certifying Ofiicer and the seal of the Company may be aflixed by faesimile to any certi5cate of any such power, and any such power or certificate beanng such facsunile signature and , seal shall be valid and binding en the Company. � (4) Such othei Otl'icecs of the Company, and Attomeysdn-Fact shall have authonty to certify or verify wpies of this Resolution, the By-Laws of the Company, and any affidavit or record of the Company necessary to the discharge oftheir duties. � (5) The passage of this Resolu[ion does not revoke any eazlier authcxiry granted by Resolu[ions of the Board of D'uectors adopted on June 9, 1953, May 28, 1975, and Mazch 23, 1977." does hereby nominate, constitute and appoint MARTIN A. PRISANT of th0 C1ty of Mianli, State of Florida , each individually if there be more than one named, its true and lawful attomey-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 exceedin� 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 regulazly elected officers of the Company at its principal o�ce. � � � �� O Q N � � � C � -Q C � � N � U � O � L (U N > -� — � (Q _ � C� O � � O C � _� IN WITNESS WHEREOF, the said William Jungrei< , Vice-President, has hereunto subscribed his name and �xed the corporate seal ofthe said INDEMNITY INSURANCE COMPANY OF NORTH AMERICA this 14th day o1 Jul} 1995 . ,,,,,�.��..,,,,,� INDEMNITY INSURANCE COMPANY OF NORTH AMERICA �., 6Can,yyy� W �acy''J�,v�� s '�t" � -_ :v��J f —{�°�' e . = F�i,�,�r-y6,FS4fia,e '�'��'•ti., •,�,�; F , ��' ^rv�. w� �+".�+'� � .. � � . . William Jungreis , Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. � On This 14th day of July , A.D. 1999 , before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came William Jungreis , Vice-President of'the INDEMNITY INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the mdividual 'i and officer who executed the preceding instrument, and he acknowledged that he executed the same, and that the seal �xed to the preceding i�strument is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, anC: that Resolution, adopted by the Board of Duectors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and �xed my official seal at the City of Philadelphia the day and year first above written ,�` .........n. ��f�yi � ��;r�4. - e ��''t,," ��f o . ` NOTARIALSEAL �jJ�f �� , �'� �� = V� Q F c'+ DEBRA M. MARANO, Notary Public �"•" •• `'' � , .�� ; � L.,,6 � ; qry of Phlladelphla, Phila. Counry �' �� , C� M, V, My Commission Expires Dec 20,1999 .� N %� _,�lf��; t,: � 1�V Notary Public „ � O C y��r� � r • ��',r � O N 'rry�quuuei��`�,�• �... � Q3 � � � � �� V I, the undersigned Secretary of INDEMNITY INSURANCE COMPANY OF NORTH AMERICA , do hereby certify that the original POWER V �� OF ATTORNEY, of which the foregoing is a substantially true and cortect copy, is in full force and effect. M.a � L � L- In witness whereof, I havet,�reunto subscribed my name as Secretary, and �xed the coiporate seal of the Coiporation, this 2 3 day of Z v Dec�ember 199y. � �. � ,W�r�Iwyw�4 � ,� �ecvo�,yrw,� v._: gl ��%,V.;FS��,�'^ � ',a : � — r �: ^, e ;=: �a f- :s= �. � +:.i�*iy0.'L�" i'� . 5, . ,-+��: ? ��m;.',��`J� . �� Mw i �M��, �� y� Debra H. Paziora, Secret�ry ' THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTE: July 14, f, �I 11 -, . ,. :� BS-38449d NOT VALID UNLESS PRINTED ON TEAL BACKGROUND i.. i _�.i ._ ., L J . � u ,..�._�u. �� ...y.J__ i.l 11d1�� .�I��I�. r a � PART G - CONTRACT THE STATE OF TEXAS § COUNTY OF TARRANT � THIS CONTRACT, made and entered into the J�N Of4 200019 by and between the � City of Fort Worth, a home-rule municipal corporation located in Tarrant County, Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed R"'I "OWNER", and DAVILA CONSTRUCTION, INC., of the City of FORT WORTH County of TARRANT and State of TEXAS, Party of the Second Part, hereinafter termed "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter � mentioned, to be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said party of the First Part (Owner) to commence and complete certain improvements described as follows: � WATER REPLACEMENT CONTRACT 99HH IN RANDOL MILL ROAD FROM TRINITY COURT TO 7325 RANDOL MILL ROAD AND SANDY LANE FROM WINTER STREET TO 7325 RANDOL MILL ROAD � And all extra work connected therewith, under the terms as stated in the Contract Documents, and at his (their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, �, superintendent, labor, bonds, insurance, and other accessories and services necessary to complete the said construction, in accordance with all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the specifcations thereof, as prepared by the Engineers employed by the Owner, each of which has been �I identified by the endarsement of the Contractor and the Engineers thereon, together with the Contractor's Written Proposal and the other parts of the Contract Documents hereto attached, including the Fort Worth Water Department General Contractor pocuments and General Specifications, all of which are �,j made a part hereof and collectively and constitute the entire contract. � � 1 1 1 ' GI � �li � L � � ir � � � � IF" c The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete same within the time stated in the proposal. The Owner agrees to pay the contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents and all approved modifications thereof, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in 8 counterparts in the year and say first above written. Citv of Fort Worth, Texas (Owner) Party of the First part � � BY: ASST. City Manager �� r. " CW ATTEST: City Secretary (Seal) WITNESSES: DAVILA CONSTRUCTION. INC. 3325 PANOLA FORT WORTH, TX 76103 Contractor ,�'� � ,� , / .�' By: �' .: ��'-�� %, � �' / --- Title: / `"" � `r� � . __.- APPROVED: ,� ° d�.-��, �-�'S. `�d'�^�r=�� ..� A. Douglas Rademaker, P.E. Director Department of Engineering cw Approved as to Form and Legality: � / Gary Steinberger, Asst. City Attorney �� l,�f�t�� Contract Authorization �� 9 � ]��te ' City of Fort Worth, Texas �I�A�or Altd C,aunc�l Ca�rt�nun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 1/4/00 **C-17805 3000NTRACT 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT WITH DAVILA CONSTRUI";'�f�iUN, INC. FOR WATER REPLACEMENT CONTRACT 99HH IN RANDOL MILL ROAD FROM TRINITY COURT TO 7325 RANDOL MILL ROAD AND SANDY LANE FROM WINTER STREET TO 7325 RANDOL MILL ROAD RECOMMENDATION: It is recommended that the City Council: 1. Authorize �the transfer of $165,061.25 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 Projects Fund in the amount of $165,061.25 from available funds; and 3. Authorize the City Manager to execute a contract with Davila Construction, Inc. in the amount of $147,376.25 and 50 working days for Water Replacement Contract 99HH in Randol Mill Road from Trinity Court to 7325 Randol Mill Road, and Sandy Lane from Winter Street to 7325 Randol Mill Road. DISCUSSION: The Water Department has determined that several water lines in this neighborhood need to be extended and connected to the existing distribution system to address water quality issues. This contract is the first of two phases. This project was advertised for bid on October 14 and 21, 1999. The following bids were received on November 11, 1999. BIDDERS Davila Construction, Inc. Burleson Utilities, Inc. Ragan Excavation Jackson Construction, Inc. Mid-State Utilities, Inc. Allison-Broyles Contractors William J. Schultz, Inc. dba Circle "C" Construction Co M. E. Burns Construction, Inc. Whizcon U�ilities, Inc. AMOUNT TIME OF COMPLETION $147,376.25 $148,686.40 $158,000.10 $159,165.00 $161,870.00 $162,063.50 $166,213.50 $172,472.50 $184,644.00 50 Working Days The low bidder, Davila Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 17% M/WBE participation. The City's goal on this project is 17%. � City of Fort Worth, Texas �11�Ayar and caunci( a�rtn�un�c�t�ia�t C DATE REFERENCE NUMBER LOG NAME PAGE 1/4/00 **C-17805 3000NTRACT 2 of 2 SUBJ�CT APPROPRIATION ORDINANCE� AND AWARD OF CONTRACT WITH DAVILA C(�NSTRUCTION, .INC. FOR WATER REPLACEMENT CONTRACT 99HH IN RANDOL � MILL ROAD FROM TRINITY COURT TO 7325 RANDOL MILL ROAD AND SANDY LANE FROM WINTER STREET TO 7325"RANDOL MILL ROAD Contingencies for change orders are $7,369.00, and $10,316.00 for associated construction inspection and survey. ' FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendation 1 and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water Capital Projects. MG:k Submitted for City Manager's Office by: Mike Groomer Originating Department Head A. Douglas Rademaker Additional Information Contact: A. Douglas Rademaker I FUND' � (t�) I 1&2) PW53 6140 2) PW53 2) PW53 6157 � (from) I 1) PE45 � 3) PW53 6�5� i � ACCOUNT I CENTER I AMOUN�' 472045 060530175750 $165,06.'L,25 541200 060530175750 $154,745.25 531350 060530175750 $ 10,316.00 i 538070 0609020 $165,061.25 541200 060530175750 $147,376.25 CITY SECRETARY ,�ovEo �"Y CO.UNCiL r�AN 4 2�� Ci�p�c.rotar�y oF +`. � Ciry 4t F'ort �vc, f • Adop�e� �rdinance �o.�� _I