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Home My WebLink About025573 - Construction-Related - Contract - McClendon Construction Company, Inc.SPECIFICATIONS AND CONTRACT DOCUMEi•iTS FOR CITY SECRETARY � C�� J r� � CONTRACT NO. 1998 CAPITAL IMPROVEMENT PROGRAM PROJECT: RECONSTRUCTION OF MARGA�tET STREET WITH NEW ASPHALT PAVEMENT (EL CAMPO TO CALMONT)-CONTRACT 11 � � �. 4W � � � LEE C. BRADLEY JR. P.E. DIRECTOR WATER DEPARTMENT BOB TERRELL CITY MANAGER HUGO A. MALANGA, P.E. DIRECTOR TRANSPORTATION AND PUBLIC WORKS � � I.. r 0 � ., , 4 �if t_t�%i�.`,�i�1'� A. DOUGLAS RADEMAKER, P.E. DIRECTOR DEPARTMENT OF ENGINEERING PREPARED FOR DEPARTMENT OF ENGINEERING CITY OF FORT WORTH � PRO ECTiNOMC1R15O02011 040553,�~ryn�� `'`'�� r�-. r. �gp �� _. FILE NO. K-1579 ''"''�" "�:`�° �� : �: a�'��,''`.�;,. ;�s:r ,� D.O.E.NO.2167 ''�-�`b- � ��,��'N"� �. � ,:,;:.��'��d �'�»�'��9'� ��i��f THE CITY OF FORT WORTH, TE�A'�"` �� 9'��►�� 'S� KENNETH L: BARR MAYOR �1�''`'� Pj E O o `�•r�� ►� � : °'a �� *• � o� ..:.....�a��a� RICHARD T..GRICE o.=e.ewt�.n�R •• ;p : q 37520 O �o°� =��° o�CISTEP�c'Pv° - 9�`� I 1 =�SS%oN�� • � b I� � 0 ��;�� 8�:� ��C��G�� ::��G►r°� A �� o L�l��'��, p�o . PREPARED BY ARS ENGINEERS, INC. ONE SUMMIT AVE, SUITE G08 FORT WORTH, TEXAS 76102 � - . " .� City of Fort Worth, Texas Mayor and Cou�.Cil Commuriicatiori .� DA7E REFERENCE NUMBER LOG NAME PAGE 1/4/00 **C-17806 ! 30MARGE I 1 of 2 SUBJECT AWARD,.,OF CONTRACT TO MCCLENDON CONSTRUCTION COMPANY, .INC. FOR RECONSTRUCTION OF MARGARET STREET (EL CAMPO TO CALMONT) WITH NEW ASPHALT PAVEMENT INCLUDING WATER AND SANITARY SEWER ADJUSTMENTS (CONTRACT 11) RECOMMENDATiON: It is recommended that the City Council authorize the City Manager to execute a contract with McClendon Construction Company, Inc. in the amount of $110,605.90 for the reconstruction of Margaret Street (E! Campo to Calmont) with new asphalt pavement including water and sanitary sewer adjustments. DISCUSSION: The 1998 Capital Improvement Program included funds for the improvement of Margaret Street from EI Campo to Calmont. The street improvements will include 6-inch lime stabilized subgrade and HMAC pavement {Alternate No. 2), construction of standard concrete curb and gutter, driveway approaches, and sidewalks where shown on the plans. The Water Department has determined that water and/or sanitary sewer lines and sanitary sewer manholes will be replaced prior to street reconstruction. This project was advertised for bid September 16 and 23, 1999. The following bids were received October 14, 1999: Bidders McClendon Construction Company, Inc APAC-Texas, Inc. Jackson Construction, fnc. Branch & Sons Contractors Stabile & Winn, Inc. J. L. Bertram Construction Amount Bid With Alt No. 1 $111,585.00 $121,9�1.30 $133,953.40 $139,232.50 $139,338.30 $143,410.40 Amount Bid With Alt No. 2 $110,605.90 $118,396.40 $133,941.00 $117,893.00 $117,893.00 $142,176.76 Time of Completion 45 Working Days Alternate Nos. 1 and 2 were 3-inch HMAC over 8-inch cement stabilized street pulverization and 5-inch HMAC over 6-inch stabilized subgrade, respectively. Alternate No. 2 is recommended because it will provide a superior pavement section at a lower cost. The contingency for possible change orders for street reconstruction is $6,000.00. McClendon Construction Company, Inc, is in compliance with the City's M/WBE Ordinance by committing to 6% M/WBE participation and documenting good faith effort. McClendon Construction Company, Inc. notified several M/WBE's of subcontracting and supplier opportunities, however, the M/WBE's contacted did not respond or submit the lowest bid. The City's goal on th'is project is 14%. • ' M ) City of Fort Worth, Texas Mayor and CounCil, � � Commu�ication � DATE REFERENCE NUMBER . LOG NAME PAGE 1/4/00 **C-17806 I 30MARGE I 2 of 2 SUBJECT AWARD OF CONTRACT TO MCCLENDON CONSTRUCTION COMPANY, INC. FOR RECONSTRUCTION OF MARGARET STREET (EL CAMPO TO CALMONT) WITH NEW ASPHALT PAVEMENT INCLUDING WATER AND SANITARY SEWER ADJUSTMENTS (CONTRACT 11) This project is located in COUNCIL DISTRICT 7, Mapsco 48W and 62A. In addition to the contract cost, $1,115.00 is required for inspection/survey and $800.00 is provided for project contingencies for water and sewer. FISCAL INFORMATION/CERTIFICATION,: The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the Commercial Paper-Water and Sewer Funds, and the Street Improvements Fund. MG:k 0 Submitted for City Manager's Of�ce by: Mike Groomer Originating Department Head: I FUND I ACCOUNT I CENTER I AMOUNT � �to) 6140 CITY SECRETARY A. Douglas Rademaker 6157 �(from) � APPROVED 1/4/00 � � � � City of Fo�t Worth, Texas Mayor � ar�.d Counc i 1 CommunYi�ation IDATE REFERENCE NUMBER LOG NAME PAGE 1/4/00 **C-17806 I 30MARGE I 3 of 2 SUBJECT AWARD OF CONTRACT TO MCCLENDON CONSTRUCTION COMPANY, INC. FOR RECONSTRUCTION OF MARGARET STREET (EL CAMPO TO CALMONT) W.lTH NEW ASPHALT PAVEMENT INCLUDING WATER AND SANITARY SEWER ADJUSTMENTS (CONTRACT 11) � I C115 541200 020115040553 $94,685.90 Additional Information Contact: � PS46 541200 070460133970 $ 9,2Q0.00 � PW77 . 541200 060770154130 $ 6,720.00 . A. Douglas Rademaker 6157 I � �'� �' � � ��ceivFd: yo/ tS/9f' ?:39PD.1; t317 871 7E1:�a _+ ARS ENCSNEERS SN!;• Paqe 2 OCT- 8-99 FRI 2:39 PM F,W, DE�T, ENGINEFRING FAX K0, 817 871 7854 �, . - ClTY OF F4RT WORTH,'ilrJ' CAS U�PAR'TMENT' OF ENGINEERTNG AAAENDOb! Hb. l '�O ?H� Sp�C1�FICAT10N9. CONTR!►CT AOCOMENTS, AND bRAWII�IGS �+"OR 1998 CAPtTAL I2biP'R�V�M�1VT PgOGkAM PROJECT: 7� RECONSTBUCTiON OF MARGA�T STREET WiTH TIEW AJPHALT PAVEMEHI' (EL CANII'O TO CAi�OI'i'I') -- CONTRAC'�' 1! � P�tUJEC'Y' NO� CtaS-�20t15(if OSS� � DOE PRQJECC NO. 2�i7 Fxx.E'NO. K-1579 i Addcn,dima issued: Ociobcr 8, 1999 � � J � � 'i'hc Contcaa Uocvmcn�ts t�r the subjoa projcct a� i�reb)' revised or amc�d°d es follpws: �, I�A�2T B — PItOPOSAL: A. i�etetc Par �tecu Na 3 Reraove �xiat. CoYcrel+e Cbrb awd ('�+Kier from &'tse Bid Pari A. (PA(?E P-Z) . - A. Ue�ete �'ay �tem �Ia 9 S�ad 8�ill frau BaseBid Part A. (PAOL' P-2) . C Dd.etn P�y ]!c� Na 10 Silicon 3olat &xlerhnnn Bese Bid Part A. �'AOE P 2) ri. ]7eteu 1'�y liem Na �2 Constn�d Nerr T' Conct+elc �rD wl x' G�tter Coopiete and i,� . , .. place ftum B�e Bid P2rt A. (�IS.G� P-3) . . . . . 2. PAit'� B» PAOPOSAL AL'Y'ERNATE Na Y: Reptace ihe PROPOSAL. P�ge R3 witb at�ched PROf,'�OS AL Page I'-sA. , . ` 3. PA�tT B--P1�iOPOSAL AL'iE�tNA'� Na 2: RepLac�e tt�e PROPOSAL► k'a�e I'-b witl� pttacbvd PROPOSAi.. P�t� R61�. , 77ae Contnct Drawir►gs for tLe sab)ect ptoject are htreby rtYisal ox �d 85 foltoas: a. Shcet 2 ot 7 Add Geoer�il Nate Na Z3 No�e No. 73 shall rcad: Stllc�a�'t SeaLer to be Bnbsl�iary � to coaccete plaoemer�. 2 S1�eet � of 7 Add Geuera! Hote Na 24 Nate No. 23 shall tead: All Referettoes t0 Sand Backfill fu Cont:act T3cawin�s and ap�ccu"�catians siiaii resd ► am�l Seie� P,at'.cfi �Z s�1 w.�1� w c�sir,.� � subsidiary w otha icems of wvrk. . 7hf s Addenducn forms 8 P� ot tbe Cottbract Docnmerds relerence�d abC�e :�M �cs tl�e origin,al �, COAtraCl [)OCuri�ett� StW pL�ns. T�e bidder must,��'�8e t�ceipt of thiB Acldeaduai On tbe spacC papvided belop,r, �wwd on� P 7 of tf►e $id Prp,oMRI. FnIIure to xl�led�F �pt �� ,Addaadu�ca covld �abJat bidder to dvqnalif�CRHon. � W AC OYVI.EUG�D: x A. Aoaglas itsdetnnktr� P.E ,' UeQattmt� oi'P,�oam8 $y: _ v �_ By: ry''�-- , � ` . ��r m�:_.Y.�._/l� S C �' _ � fi�o�. r.�., �� : s�� J �LQdress / 7elephone P. 2 � i � � � � 1 � � � � � � � � � � � � SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 1998 CAPITAL IMPROVEMENT PROGRAM PROJECT: RECONSTRUCTION OF MARGARET STREET WITH NEW ASPHALT PAVEMENT (EL CAMPO TO CALMONT)-CONTRACT 11 PAVING IMPROVEMENTS PROJECT NO. C115-020115040553 FILE NO. K-1579 D.O.E. NO. 2167 IN THE CITY OF FORT WORTH, TEXAS 1999 KENNETH L. BARR BOB TERRELL MAYOR CITY MANAGER HUGO A. MALANGA, P.E. DIRECTOR TRANSPORTATION AND PUBLIC WORKS LEE C. BRADLEY JR. P.E. DIRECTOR WATER DEPARTMENT A. DOUGLAS RADEMAKER, P.E. DIRECTOR DEPARTMENT OF ENGINEERING PREPARED FOR DEPARTMENT OF ENGINEERING CITY OF FORT WORTH PREPARED BY ARS ENGINEERS, INC. ONE SUMMIT AVE, SUITE 608 FORT WORTH, TEXAS 76102 � � I� � � � � � � � � � � � � � � � TABLE OF CONTENTS PART A: Notice to Bidders Comprehensive Notice to Bidders - Vendor Compliance to State Law Special Instructions to Bidders {blue) MBE/WBE Bid Specifications (pink) PART B: Proposal PART C: C-Section General Conditions (yellow) PART D: Special Provisions (white) Wage Rate Scale Test Hole Lab Results Project Designation Sign Wheelchair Ramp Details PART E: Certificate of Insurance Contractor's Compliance with Workers' Compensation Law PART F: Performance Bond Payment Bond Maintenance Bond PART G: Contract 0 � � �� (�. � l'J � � � � � � �� , � � � � , ,�� 'F � � `��- _�' __.,s-h- NOTICE TO BIDDERS � PART A`, �� A- 1 � � � � COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: � FOR: � � 1998 CAPITAL IMPROVEMENT PROGRAM PROJECT: RECONSTRUCTION OF MARGARET STREET WITH NEW ASPHALT PAVEMENT (EL CAMPO TO CALMONT) CONTRACT 11 PAVING IMPROVEMENTS PROJECT NO. C115-020115040553 � Addressed to Mr. Bob Terrell, City Manager of the City of Forth Worth, Texas will be received at the Purchasing Ofiice until 1:30 P.M., Thursday, October 14, 1999 and the publicly opened and read aloud at 2:00 P.M., in the Council Chambers. , � � � � � � � � � � � L�J 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. A thirty dollar ($30.00) deposit is required for the first set of documents any additional sets may be purchased on a non-refiindable basis for thirty dollars ($30.00) per set. These documents contain information for prospective bidders. A pre-bid conference will be held on Wednesday, October 6, 1999 at 10:00 A.M., with prospective bidders in Conference Room No. 270 on the second floor of City Hall, 1000 Throckmorton Street, Fort Worth, Texas. Bidders are encouraged to review the plans and specifications prior to the pre-bid conference and be prepared to actively participate in the conference. All bidders will be required to comply with provisions 5159 of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400 {Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. The major work on the above project shall consist of the following: The construction of 1664 L.F. of 7" concrete curb with 2' gutter and 2501 S.Y. of asphalt pavement. Included in the above will be all other items of construction as outlined in the Plans and Specifications. PART A- NOTICE TO BIDDERS A- 2 � � � � � �I � � �� 1 � O � � �`J � tiJ L!'J I�� L�J L7 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 the 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 prior to the bid receipt and acknowledge receipt of all addenda at the time of bid receipt. Information regarding the status addenda may be obtained by contacting the department of Engineering at (817) 871-7910. Bids that do not acknowledge all applicable addenda may be rejected as non-responsive. In accord with the City of Fort Worth Ordinance No. 11923 as amended by Ordinance No. 13471, the City of Fort Worth has Goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. In order for a bid to be considered responsive, the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with the bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render the bid non-responsive. In addition, the M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM, and GOOD FAITH EFFORT FORM, as applicable, must be submitted within five (5) City business days after the bid opening. Failure to comply shall render your bid non-responsive. For information concerning this project, please contact Richard T. Grice, P.E. with ARS Engineers at (817) 332-7640 or Gopal Sahu, P.E. Project Manager City of Fort Worth at (817) 871-7949. BOB TERRELL CITY MANAGER ADVERTISING DATES: September 16, 1999 September 23, 1999 ALICE CHURCH CITY SECRETARY Department of Engineering A. Dou lg as Rademaker, P.E. Director � J� �� .-'� �' `�. / By, � l.'_'��,...t�-� / ,,-�-'`'�—` Rick L. Trice, P.E. Manager, Consultant Services PART A- NOTICE TO BIDDERS A- 3 � •1 � � � � �� f� � � � �� l, � � �� LJ � VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bi11620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks of Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-resident vendors in (give state), or principal place of business, are required to be per cent lower than a resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state), or principal place of business, are not required to under bid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. BIDDER: Company City � � � : State Zip Signature: Title; (Please Print) THIS FORM MUST BE RETURNED WITH YOUR OUOTATION � SPECIAL INSTRUCTIONS TO BIDDERS 1. SID SECURITY: A cashier s check, or an acceptable bidder's bond, payable to the City of Fort Worth, in the 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 company shall be included on the current U.S. Treasury list of acceptable sureties, or (2) the surety company must have capital and surplus equal to ten times the limit on the bond. The surety company shall be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the U.S. Treasury list or one-tenth (1/10) the total capital and surplus. • 2. PAYMENT BOND AND PERFORMANCE BOND: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount ' of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond as well as a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds fumished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. � In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth (1/10) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of $25,000, a Payment Bond shall executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. PART-A SPECIAL INSTRUCTIONS TO BIDDERS SI-I �.ry'F��,.�+t,:+l:^+a'4x�4,+w�* +*a.s�s,d...... w._... v,..,,�v:.... �:akd`".c<n«wy.,«.w..p ,. r� ... a.��.y;,--.•-'- � . � .. . r If the contract amount is in excess.of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful perforrnance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. 3. LIOUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specifications for Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 4. 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. 5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-a-21 through 13- a-29) prohibiting discrimination in employrnent practices. b. WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas and set forth in the Contract Documents for this project. 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten (10) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury -$250,000 each person, $500,000 each occurrence; Property Damage — $300,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. 9. NONRESIDENT BIDDERS: Pursuant to Article 601 g, Texas Revised Civil Statues, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident s bid is lower that the lowest bid submitted by a Texas resident bidder by the same amount that a Texas resident would be required to underbid PART-A SPECIAL INSTRUCTIONS TO BIDDERS SI-2 a nonresident bidder to obtain a comparable contract in the state in which the nonresident`s principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has�a place ofbusiness in this state. "Texas resident bidder" means a bidder whose principle place of business is in the state, and includes a contractor whose ultimate parent company or majority owner has its principle place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 10. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with the 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. In order for a bid to be considered responsive, the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with your bid. Failwe to submit the completed AFFIDAVIT STATEMENT shall render your bid non-responsive. In addirion, the M/WBE iJTILIZATION FORM, M/WBE GOALS WAIVER FORM, and GOOD FAITH EFFORT FORM, as applicable, must be submitted within five (5) City business days after the bid opening. Failure to comply shall render your bid non-responsive. 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. C'ontractor further agrees to permit an audit and/or examination of any books, records, or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statements; further, any such misrepresentation (other than negligent misrepresentation) and/or commission of fraud will result in the Contractor being PART-A SPECIAL INSTRUCTIONS TO BIDDERS SI-3 determined to be inesponsible and barred from participating in City work for a period of time of not less than three (3) years. 11. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any/or a�l formalities. No bid may be withdrawn until the expiration of forty—nine (49) days from the date bids are opened. The award of contract, if made, will be forty-nine (49) days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. 12. PAYMENT: The Contractor will receive full payment (minus 5% retainagej from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payrnent, and upon acceptance of the project. 13 ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817) 871-7910. Bids that do not acknowledge all applicable addenda may be rejected as non-resnonsive. 14. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW:, A. Worker's Compensation Insurance.Coverage a. Definitions: Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Worker's Compensation Commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory 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 performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, PART-A SPECIAL INSTRUCTIONS TO BIDDERS SI-4 independent contractors, subcontractors, leasing companies, motor catriers, owner-operators, employees of any such entity, or employees or any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The contractor shall provide 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. c. The Contractor must provide a certif cate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project, and provide to the City: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven (7) days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The contractor shall notify the 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. PART-A SPECIAL INSTRUCTIONS TO BIDDERS S�-5 h. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they aze required to be covered, and stating how a person may verify coverage and report lack of coverage. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) 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; (2) 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; (3) provide the cantractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) 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; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6} 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 PART-A SPECIAL INSTRUCTIONS TO BIDDERS S�-6 (7) 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. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the City that all ernployees of the contractor who will provide services on the project will be covered by 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 Cornmission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered 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." "Call the Texas Worker's Compensation Commission at 1-512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." PART-A SPECIAL INSTRUCTIONS TO BIDDERS S�-7 15. NON DISCRIMINATION: The Contractor shall not discriminate against any person or persons because of sex, race, religion, cotor, or national origin and shall comply with the provisions of City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-214 through 13A-29), prohibiting discrimination in employment practices. 16. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Execu�ive Branch of the Federal Government, the Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or sub contractors, while engaged in performing this contract, shall in connecrion with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. The 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 on a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations . asserted by third parties or subcontractors against the City arising out of the Contractor s ancl/or its subcontractors alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of the Contract. 17. DISCRIMINATION DUE TO DISABILITY: In accordance with provisions of the Americans with Disabilities Act of 1990 ("ADA"), the 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 the availability, terms and/or conditions of employment for applicants for employment with, or employees of the Contractor or any of its subcontractors. The Contract warrants it will fully comply with ADA s provision and any other applicable federal, state, and local laws concerning disability and will defend, indemnify and hold harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of the Contractor s and/or its subcontractors alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this Contract. Revised March 15, 1996 PART-A SPECIAL InSTRUCTIONS TO BIDDERS S�-8 ��i ��I � � � � � � � � � � � � � � � � � � � �.._. �- ,, 0 - . Cit�y of Fort Worth Minority and Women Business Enterpri��-�.cifications � ��,�� SPECIAL (NSTRUCTION��.��DD�t,2SZ `�S i�i _� J � � �� J � J sl 1 J e APPLICATION OF POLICY , „ _ w , . ,, If;the total doll�rrralu� bf the��nir��t�is�$�25,p06 or rqor�, t�e;tVl/W�� gQal°is �pplicatlle. If the total dollar� value-of the.contract is.. less than�$25,000.;,,ihe�M/WBE,,goal is not applicable, POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. MNVBE PROJECT GOALS The City's MBE/WBE goal on this project is % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to�comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated MNVBE goal, or; 2. Good Faith Effort documentation, or; 3. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. M/WBE Utilization Form: 2. Prime Contractor Waiver Form 3. Good Faith Effort Form: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. FAILURE TO COMPLY WlTH'THE CITY'S`�Ml'W�E'.ORDINANGE;INILL`:RESU;LT IN THE BID BEING CONSID�'R�d NbN RESPQNSIVE, TO SPEGIFICATIONS. Any questions, please contact the M/WBE Office at (817) 871-6104. Rev. 612198 � .. ■1 ATTACHMENT 1A Page 1 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications D MBEIWBE UTILIZATION , ��Z7,e�_ ��. �� r� /0-i� 99 PRIME COMPANY NAME BID DATE ' DPROJECT NAME PROJECT NUMBER ��L��:�?� �G�� ', �� s— d a a� �,S-o �o ss3 � I CITY'S M/WBE PROJECT GOAL: (/ J I M/WBE PERCENTAGE ACHIEVED: I 1 � , . , � . . , ... Failure to complete this form, in ifs entirety with supporting documentat�on;.�arrd received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusiue of bid opening date, will result in the bid � being considered non-responsive to bid specifications. The un ; , ; , dersigned bi,dder; agrees;�to enter into a formal.agreement with :the MBE ancUor WBE firms for work fisted in this � schedule, conditioned upon �:�xecution of a co'ntract �ivi'th :the Citji: of F�rf; Wotfih. The intentional and/or knowing misrepresentation of� facts is•;grounds for consideration of.�disqualtficatton a'nd ,willN result in the bid being considered non-responsive to, spQcification_s. � � Company Name, Conta�t Name, � Certified Sp�ecify All{Contracfin ' S�ci. ,All ltems to be Do " : J p fY Ilar Amount , . ,�:: Address, and Telephone,NOz _ Scope of Wor"k (*) Suppli�.�1(") �, « J � ° �� a 0 0,._ V X �` � F- Z ~ 2 � � �./ _,r �.� {_� %.. .,� .� , L� � � . 1 � � � � J �la� 4r�Z � � G r �� .��y� .�.� � �G «� � i �3�— 7� �r/ .. _.._.�..�...._..�p . �c�,�:._�.�.��...�...� ✓ t �o i ,� c�,,.�.� �� (�J TX ' 7r� � � _, '��s�,� �wvl�C:�� l ¢ ��;,sa.t,.e � , � �- �� r - � /SDO, O�J � � �� aU � lo�,md M/WBEs must be located in the 9(nine) county marketplace or currently doing business�in ;the marketplace at the time of bid. (') Specify all areas in which MWBE's are to be utilized and/or items to be supplied: (') A complete listing of items to be supplied is required in order to receive credit toward the IVI/WBE goal. � I(••) Identify each Tier level. `1 Tier: Means the level of subcontracting below the prime contractor/consultant, i.e., a direct payment from the prime�contractor to a subcontractor is considered 1°t tier, a payment by a subcontractor to its supplier is considered 2nd tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE � Rev. 612/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department � D D � � J � �� City of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION � Company. Narrie, Contact;;Namie; Certif�ed,. " Specify AIC°Contra'cting Speci,fy All'Items to be Address, and Telepho�ie No. Q � Scope:of Work'('") S'upplied(`) ,�,.; � o o 'u ` � o ad � � � �: �:. z x � __L_l.�Se4..._._�� j� � �4�� 1. ' � !� G. I �"� 04 sz. I I r�,r G�c�.�.t ,�e !��_r.-�. �Pac. i� ��7.�OZZ � 1.Y- S�J/D 02 i oa �'t . S ' �, I�. �� Tx � 7� �� S��- g3�F- �9i q ,i �`�`'`�-� � G�x�, � �� _ �� uC. � ATTACHMENT 1A Page 2 of 2 4:ollar: Amount , �i ,� ' / � � ' The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding �actual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files he�ld by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or � employee of the City. Any intentional andlor 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 Jfor riod of time not less than one (1) year. M Es UST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD � ��,� _, ,, ,�_ _ � �RlV 11�cCLENDON, PR�sIDENT otfY"ed i a ure Printed Signature �k� M�c�LE�1da�, PR�8IDENT � Title ��L�6�l�fl� G��:�T_ P.n Et�c Company Name JAddress P.fl. �% �'i�ti _ �RL��C�N, TX ?6fl97 CitylStatelZip Code Contact Name and Title (if different) Telephone Number (s) Fax Number /o-�-�-/-49 Date � 17/2�5-G�C� �AX ��,5-�7� THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev. 6/2/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department � � � , � � � � 1 � � � � ' � 1 1 I ATTACHMENT 1 C Page 1 of 3 City of Fort Worth _ Minority and Women Gt�r ��t rise �!�i�' �� : y'� �c�� ,J, GOOD FA11'�8��=0�T�(� 12 `f 5 �� i � i r,(�?J.!ZZ Ct nG`'l: t . `l�C" b'liJ� . � � �J ,' c ' - / �= � , Prime Company Name Bid Date 0 ��(.��,�tG�C�, i�k�� ,��_- �� !� � iis vao i �so �o ss 3 Project N e Project Number I 1f you have failed to secure MMIBE participation and you have subconfracting and/or supplier opportunities or if I ' your M/WBE participation is less than'the City's project goal, you must complete this form. � If the bidder's method of compliance with the MNVBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this fbrm,: in its entirety with supporting 'documentation, and received by the Managing Department on pr before 5:00 p.m, fi�e (5) City business ,days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMSI which will be used in the completion of this project, regardless of whether it is to be provided by a M/WBE or non- M/WBE. (Use additional sheets, if necessary) List of: Subcontractina Opportunities List of: Supplier Oaportunities 1�� ox��c. - � a ��ht-�i v L�,.• , � �� ct. v � _%�... � �o-�n.�.� li �. o �� ,�� °� �u� � ��.�� - �__ ' �' ,, _. ,. � . , , i� � ATTACHMENT 1C Page 2 of 3 2.) Did you obtain a current list of M/WBE firms from the City's M1WBE Office? The list is considered in compliance, if it is not more than 3 months old from the date of bid opening. � � Yes Date of Listing �g /�� / c19 No � 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are � opened? ✓ Yes If yes, attach M/WBE mail listing to include name of firm and address and a dated � No copy of letter mailed. 4.) Did you solicit bids from M/WBE firms, within the subcontracting andlor supplier areas previously � listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? V Yes If yes, attach list to include name of M/WBE firm, erson contacted, � No phone number and date and time of contact. � , .y � , p y ,; y;not be.used for �o.th� If a facsimile NOTE: 'A facsimife ma b�` used;to-com 'I wiCh either S ar 4, but m� is used; attach 'the fax confirma'tion, whicfi is tb provide- M%WBE name, date,: time, fax number and: documentation faxed. � . NOTE: If a SIC list of M/WBE is ten or, less, the bidtler:must;contact the entire �list to be in cqmpliance with � questions 3 and -4. If a sic list af ;MNVB,E is more than�t�n, the bidd.er must con,tact at least two-thirds of t�,e I�sx��ut�not less.than t�n';to b�;i:n compliance wath questio:�� 3:and�4. , 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the MlVNBEs? � v Yes No 6.) If M/WBE bids were received and rejected, you must: {1) List the M/WBE firms and the reason(s) for rejection (i.e., quotation not commercially reasonable, qualifications, etc.) and (2) Attach affidavit and/or documentation to support the reason(s) listed below (i.e.. letters, memos, bids, telephone calls, meetings, etc.) (P/ease use addiflona! sheets, if necessary, and atfach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection %1.v �Gt/1J � %�i aL Gu-t�t,C_ />�o � Q�,� rC. a.�aC /�o r,c r►� o� c, a ... a � � � ATTACHMEN71C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional �information you feel wilf further explain your good and honest efforts to obtain M/WBE participation on this project. � . . � The bidder further agrees to provide, directly to the City upon request, complete and ] accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. � The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. � � �'. ,l � J 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. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith, � It is' understood that any M/WBE(s) listed in Attachment 1 C will be contacted and the reasons for not using them will be verified by e Ci 's M/WBE Office. _�C'�� DR�1 IYFcCLEPiD�ON, PRgSIDENT '� d i a ure Printed Sigr�ature o�� eLE�ao�, P�ain�Nr Title M�CLEMDON CONST, C0. fN.C. Company Name ' P.O. �.3�C �� Ri..��L�V. T�i � Address Contact Name and Title (if different) Telephone Number(s)�� 7,�g�_�� FAX 295-�9� Fax Number ic�—�� 9 City/State/Zip Date l�1 � L�J L1 L�I � � � � !� � LJ � `�� l�� L�J �' !�J PROPOSAL TO: MR. BOB TERRELL Fort Worth, Texas City Manager Fort Worth, Texas FOR: 1998 CAPITAL IMPROVEMENT PROGRAM PROJECT: RECONSTRUCTION OF MARGARET STREET WITH NEW ASPHALT PAVEMENT (EL CAMPO TO CALMON� CONTRACT 11 PART A: PAVING IMPROVEMENTS (BASE BID) WATER & SEWER ADJUSTMENTS PROJECT NO. C115-020115040553 PART B: PART C: ALTERNATE NO. 1(3" ASPHALT ON 8" PULVERIZED CEMENT STABILIZED BASE) ALTERNATE NO. 2(5" ASHPHAI.T ON 6" LIME STABILIZED BASE) Pursuant to the foregoing "Notice to Bidders", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of the Department of Engineering of the City of Fort Worth. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums, to-wit: PART A: PAVING IMPROVEMENTS/ WATER & SEWER ADJUSTMENTS SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM OUANTITY PRICES WRITTEN IN WORDS PRICE A1V�OUNT BID S.P. 1 L.S. S.P. 2 2 Ea. Utility Adjustment @ Five-Thousand Dollars & No Cents Per Lump Sum Project Designation Sign Complete and in place @ Three-Hundred Dollars & No Cents Per Ea. P-1 $5.000.00 $ 300.00 $5,000.00 $ 600.00 I �j � � I� � � � � � � � � � � � � � � i � PART A: PAVING IMPROVEMENTS / WATER & SEWER ADJUSTMENTS SPEC PAY APPROX. DESCRIPTION OF ITEMS WTTH BID UNIT TOTAL ITEM ITEM OUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 104 3 534 L.F. Remove Exist. Concrete Curb and Gutter @ S.P. � L Dollars & Cents Per S.F. $ � �� 104 4 609 S.F. S.R. 104 5 674 S.F. S.P. 104 6 547 S.F S.P. 7 158 S.F 116 8 150 C.Y. S.P. 9 25 C.Y. S.P. 10 500 L.F. Remove Exist. Concrete Driveways @ ii�/h,Q� Dollars & �Cents Per S.F Remove Exist. Concrete Sidewalks & adwalks @ Dollazs & �Cents Per S.F RCe�ove Exist. Concrete Pavement @ j1/rl.P> Dollars & �,��Cents Per S.F Remove Exist. Brick Driveway @ .��?,�,�-D Dollars & �- Cents Per S.F Topsoil, As Directed by Engineer @ Nine Dollars & No Cents Per C.Y. Sand Backfill @ � D� �.? � Dollars & Cents Per C.Y. Silicone Joint Sealer @ �%p.(�p��c.e Dollars & Cents Per L.F. P-2 $1�� $��a9,� $1, � $ � �s�; �' $I, � $ gao, � $ �.� �r' $ 9.00 $ --F�— $ .�_ $�1�� ' J .! ... .; $ � $ � � � � � Q � � � � � � � � � a � � � � PART A: PAVING IMPROVEMENTS / WATER & SEWER ADJUSTMENTS SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID ITEM TTEM OUANTITY PRICES WRITTEN IN WORDS 314 11 193 S.Y. Construct New 7" Concrete Valley S.P. Gu er Complete and in place @ Dollars & 12�.7 Cents Per S.Y. 502 12 1664 L.F S.P. 504 13 894 S.F. S.P. UNIT TOTAL PRICE AMOUNT BID $ �7, °� $ %� �/, o-° Construct New 7" Concrete Curb w/ . 2' Gutter Complete and in place @ �P�.¢,�� - Dollars & Cents Per L.F. $ Construct New 6" Concrete Driveways ^ C�Qmplete and in place @ . �� Dollars & �Cents Per S.F. $ '�t� � 504 14 661 S.F. Construct New 4" Concrete Sidewalks S.P. & Leadwalks Complete and in place @ a�t� Dollars & ��Cents Per S.F. 504 15 7 Ea. Construct New 4" Standard Reinforced S.P. Concrete Wheelchair Ramps � ��e� Complete and in place @ `� Dollars & ��LC�nts Per Ea. $�. sv $�3�,°� 504 16 547 S.F. Construct New 6" Concrete Pavement Cnomple�te' and in place @ . � � �J Dollars & �L�Cents Per S.F. $ '�t�� $ $ �57�. °� $�3�3,� $!(� !D, °�° $�-/��, °VO 17 1 L.S. Construct Lay Down Curb & Special Brick Driveway Complete and in place @ � �� °e �-¢ rt�:c.��.e�ollars & � �Cents Per Lump Sum $ % � 4�. � $ � / � , 312 18 27 TONS H.M.A.C. Transition Pavement (6" Max.-2" Min.) S.P. Complete and in place @ z-�GU-� Dollars & � � _Cents Per TON $ %S, � $ � D aS, P-3 � � � � � � � � � � � � � a 0 � � � � PART A: PAVING IlVIPROVEMENTS / WATER & SEWER ADJUSTMENTS SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL ITEM ITEM OUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID 406 19 2 Ea. Manhole Adjustment @ 450 Two-Hundred and Fiftv Dollars & S.P. No Cents Per Ea. $ 250.00 $ 500.00 20 60 L.F. Furnish and Insta118" Water Pipe Complete and in Place Including all Fittings & Embedment @ � Y��Dollars & �),ri Cents Per L.F. � S.P. 21 90 L.F. Temporary Pavement Repair (Water & Sewer) Per Fig. A, Case 3@ (�rG�i.� Dollars & �_Cents Per L.F. � I 22 1 Ea. Remove Exist. Sanitary Manhole @ �� %�Gr�tL�c.eG�Dollars & , �A Cents Per Ea. �°� ;S.P. 23 1 Ea. Construct New 4' Dia. Sanitary Manhole � �� „ C� p�� in Place w/ Watertight inserts � ��"'t ollars & o� `-12.8 Cents Per Ea. l�, 24 56 L.F. 8" PVC SDR26 Sanitary Sewer Pipe � Com lete and in Place @ , ��'/Y1-C l� cX Dollars & � � �, l.c Cents Per L.F. $ l�t . S.P. 25 1 L.S. Pre - Television Construction Inspection o Sanitary Sewer Lines @ %�?�:P-�-P"1 r�G�ceo� � � Dollars & S�Lc� C�nts Per Lump Sum $%sD o-a 'S.P. 26 1 Ea. Vacuum Testing of Sanitary Sewer Manholes @ �o Dollars & I c�gLC ts Per Ea. $ c,�S7�. `� SUBTOTAL PART A: BASE BID PAVING IMPROVEMENTS / WATER & SEWER ADJ. � � P-4 � I ;i �iiJ �� $ �D�J, o-° $ / 7�D , o� $�� . � $��. � $ aSD. a� $ �5,��, �D P � I ,� i � _� � � � � � � � � .� � � .� ■ � . �. PART B: BID ALTERNATE NO.1 PAVING IMPROVEMENTS � __ . SPEC PAY APPROx DESCRIPTION OF ITEMS WITH BID UNI`I' TOTAL ITEM ITEM OUANTITY PRICES WRITTEN IN WORDS PRICE AMOIINT BID 312 1 2501 S.Y. 3" H.M.A.C. Pavement S.P. C mplete and in Place @ a ,c;� Dollars & _/ Cents Per S.Y. �/a. � 214 2 2501 S.Y. 8" Pavement Pulverization w/ S,P. Ce ent Stabilized Subgrade @ �� Dollars & � ,��Cents Per S.Y. 4 $ �� 214 3 27 TONS Cement (45#/SY) @ � Y��.nolt�s & , �Cents Per TON $ �� 106 4 400 C.Y. Unclassified Street Excavation @ �S.p. Dollars & � Cents Per C.Y. $ / �'I- � 5 494 S.Y. Flexbase (5" Min.) @ Dollars & � Cents Per S:Y. $�. � 104 6 534 L.F. R ove Exist. Concrete Curb and Gutter @ S,p, . ,.,;�n,c� Dollars & ,� �L,��Cents Per S.F. $ `7"� � 502 7 1664 L.F. Construct New 7" Concrete Curb w/ S.p. 6 2' Gutter Complete and in place @ Dollars & �Cents Per L.F. $ /S' Dv SUBTOTAL PART B: BID ALTERNATE NO.1 $ l�� .5�. S� $ll,-as� Sv , $ a �vv. av $ 7�ov- °° $/��35; eo . , �• $o� ��Q, d�o PAVING IMPROVEMENTS $ l� �o � �a-- °� P-5A � � � �� L�!J � This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Taxes. All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bil� 11, enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these contract documents within fortv-five 45 Working Days from and after the date for commencing work as set forth in the written Work order to be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Street, Drainage and Utility Construction" as established by the City of Fort Worth, Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the undersigned will execute the formal contract and will delivery an appmved Surety Bond for the faithful performance of this contract. The attached deposit check in the sum of � 61� (n c��,��e� Dollars ($ 5% ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. I(we), acknowledge receipt of the following addenda to the plans and specifications, all of the � provisions and requirements of which l�ave been taken into consideration in preparation of the foregoing bid: l�; Addendum No. 1 (Initials) � Addendum No. 2 (Initials) �„_ Addendum No. 3 (Initials) _ Respectfully submitted, By: �JC�� 4 v� M �C'(o�.� t�re s, Address: MCCI.ENDON CONST CO., INC. P.O. BOX 996 BURLESON, TEXAS 7609? (Seal) l D /� �(�4- S Date: Telephone: u � � �� f i c�.�J-�� t�e�� `�"�7� L� � � G.�vc� �,S � (� � �.S � °..�. � 0 �J C—c. �j o � �D�-In2 � �a �� s�`/ � v l� �, �O-� � P-7 �� V � � � � � � � � �� J � � �� C2-2,7 Delivery of Praposal C2-2.8 Withdrawing Proposals C2-2�,9 Telegraphic Modification of Proposals C2-2.10 Public Opening of Proposal C2-2.11 Irregular Proposals C2-2,12 Disqualification of Bidders C3-3 A�'�ARD AND FXECUTION OF DOCUMENTS C3-3.1 Consideration of Proposals C3-3.2 Minority Business Enterpise � Women-Owned Business Enterprise compliance C3-3.3 Equal Employment Provisions C3-3.4 Withdrawal of Proposals C3-3.5 Award of Contract C3-3.6 Return of Proposal Securities C3--3.7 Bonds C3-3.8 Execution of Contract C3-3.9 Failure to Execute Contract C3-3.10 Beginning Work C3-3.11 Insurance C3-3.12 Contractor's Obligations C3-3.13 Weekly Payroll C3-3.14 Contractor's Contract Administration C3-3.15 Venue C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4.2 Special Provisions C4-4.3 Increased or Decreased Quantities C4-4.4 Alteration of Contract Documents . C4-4.5 Extra Work C4-4.6 Schedule of Operations C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5.2 Conformity with Plans C5-5.3 Coordination of Contract Documents C5-5.4 Cooperation of Contractor C5-5.5 Emergency and/or Rectification work C5-5.6 Field Office � C5-5.7 Construction Stakes CS-5.8 Authority and Duties of Inspectors C5-5.9 Inspection C5-5.10 Removal of Defective and Unauthorized C5-5.11 Substitute Materials or Equipment C5-5.12 Samples and Tests of Materials C5-5.13 Storage of Materials C5-5.14 Existing Structures and Utilities C5-5.15 Interruption of Service C5-5.16 Mutual Responsibility of Contractors C5-5.17 Cleanup C5-5.18 Final Inspection C2-2 (9) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (5) C3-3 (1) C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 (1) (1) (2) (2) (2) (2) (4) (�) (9) (4) (7) (7) (7) (8) C4-4 (1) C4-4 tl) C4-4 (1) C4-4 (2) C4-4 (2) C4-4 �( 3 ) C4-4 (4 ) C5-5 C5-5 C5-5 C5-5 C5-5 C5-5 CS-5 C5-5 CS-5 Work C5-5 C5-5 CS-5 C5-5 CS-5 C5-5 C5-5 C5-5 C5-5 (1) (1) (2) (2) (3) (3) (3) t4) (5) (5) (5) (6) (6) (7) (7) (8) (8) (9) �'M � . (2) � PART C - GFNERAL CONDITIONS TABLE OF CONTENTS NOVEr;�ER, 1, 1987 TABLE OF CONTENTS � � � � , .. .R a � � � ..� , � .k � � � � .w � � � . � C1-1 C1-1.1 C1-1.2 C1-1.3 C1-1.4 C1-1.5 C1-1.6 C1-1.7 C1-1.8 C1-1.9� C1-1.10• Cl-l.11 C1-1.12 C1-1.13 C1-1.14 C1-1.15 C1-1.16 C1-1.17 Cl-l. �.8 C1-1.19 C1-1.20 C1-1.21 C1-1.22 C1-1.23 C1-1.24 C1-1.25 C1-1.26 C1-1.27 C1-1.28 C1-1. 2�9 C1-1.30 C1-1.31 C1-1.32 DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specifications Bond . ' Contract Plans ' City City Council Mayor City Manager City Attorney Director of Public Works Director, City Water Department Engineer Contractor Sureties � The Work or Project Working Day Calendar Day Legal Holiday Abbreviations Change Order .� Paved Streets and Alleys Unpaved Streets and Alleys City Streets Roadway • Gravel Street 0 Cl-1 (1) C1-1 (1) C1-1 (2) Cl-1 (2) Cl-1 (2) C1-1 (2) C1-1 (2) Cl-1 (2) C1-1. ( 2 ) C1-1 (3) C1-1 (3) Cl-1 -( 3 ) Cl-1 (3) C1-1 (3) C1-1 (3) C1--1 ( 3 ) Cl-1 (4) Cl-1 (4) C1-1 (4) C1-1 (4) Cl-1 (4) C1-1 (4) C1-1 (4) C1-1 (4) C1=1 (4) Cl-1 C5 ) C1-1 (6) C1-1 (6) C1--1 ( 6 ) C1-1 (6) Cl-1 (6) Cl-1 (6) C2-2 C2-2.1 C2-2.2 C2-2.3 C2-2.9 C2-2.5 C2-2.6 ' INTERPRETATION AND PREPARATION OF PROPOSAL Proposal Form Interpretation of Quantities Examination of Contract Documents and Site Submitting of Proposal Rejection of Proposals Bid Security (1) � C2-2 (1) C2-2 (1) C2-2 (2) C2-2 (3) C2-2 (3) C2-2 (3) CS-8.3 Lump Sum C8-8.4 Scope of Payment C8-8.5 Partial Estimates and Retainage C8-8.6 Withholding Payment Cg-8,7 Final Acceptance C8-8.8 Final Payment Cg-g.g Adquacy of Design C8-8.10 General Guaranty C8-8.11 Subsidiary Work C8-8.12 Miscellaneous Placement of Material C8-8.13 Record Documents C8-8 (1) C8-8 tl) C8-8 t2) C8-8 (3) C8-8 (3) C8-8 (3) C8-8 (4) C8-8 (4) C8-8 (5) CB-8 (5) C8-8 (5) (4) � � � � � ,� � � .� � r � � ' � � � � � . --, � � ww � � � C6-6 C6-6.1 C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 C6-6.7 C6-6.8 C6-6.9 C6-6.10 C6-6.11 C6-6.12 C6-6.13 C6-6.14 C6-6.15 C6-6.16 C6-6.17 C6-6.18 C6-6.19 C6-6.20 C6-6.21 C7-7 C7-7.1 c�-� �. 2 C7-7.3 C7-7.4 C7-7.5 C7-7.6 C7-7.7 C7-7.8 C7-7.9 C7-7.10 C7-7.11 C7-7.12 C7-7.13 C7-7.14 • C7-7.15 C7-7.16 C7-7.17 . . : : : : LEGAL RELATIONS AND PUBLIC RESPONSIBTLITY Laws to be Observed Permits and Licenses Pa�ented Devices, Materials and Processes Sanitary Provisions Public Safety and Convenience Privileges of Contractor in Streets, Alleys, and Right-of-iaay Railway Crossings Barricades, Warnings and Watchmen Use�of Explosives, Drop Weight, etc. Work Within Easements . Independent Contractor Coritractor' s Re� ponsibili�i.y ior Damage Claims Contractor's Claim for•Damages Adjustment of Relocation of Public Utilities, etc. . Temporary Sewer Drain Connections Arrangement and Charges of Water Furnished by Czty Use of a Section of Portion of the Work Contractor's Responsibility for Work No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax PROSECUTION AND PROGRESS Subletting Assignment of Cont,ract Prosecution of the Work Limitations of Operations Character of Workman and Equipment . Work Schedule Time of Commencement and Completion Extension of time of Completion Delays Time of Completion , Suspension bl Court Order Temporary Suspension Termination of Contract due to National Emergency Suspension of Abandonment of the Work and Annulment of Contract Fulfillment of Contract ' Termination�for Convenience of the Onwer Safety Methods and.Practices MEASUREMENT AND PAYMENT Measurement of Quantities Unit Prices (3) C6-6 C6-6 C6-6 C6-6 C6-6 (1) (1) (1) (2) (2) C6-6 (3) C6-6 (4) C6-6 (4) C6-6 (5) C6-6 (6) C6-6 (8> C6-6 ( f3 ) C6-6 (10) C6-6 (10) C6-6 (10) C6-6 (11) C6-6 (11) C6-6 (11)- C6-6 (12) C6-6 (12) C6-6 (12) C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 (1) cx� (1) (2) (2) (3) t4) (4) (4) (5) (6) (6) C7-7 (7) C7-7 (7) C7-7 (9) C7-7 (10> C7-7 (13) C8-8 (1) C8-8 tl) C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in pnblic advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents c onstitutes the notice to bidders. C1-1.4 PROPOSAL: The compieted written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through, a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it wi11 be carried on in accordance with the customary procedure, the local statutes,, and requirements of the City of Fort Worth's charter a�d promulgated ordinances. Wherever Conditions precedence there may be•a conflict between the General and Special Conditions, the latter shall take and shall govern. � C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the par.ticular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions�and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodiea therein. C1-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor fox the prompt and � � � � Cl-1 (2) J � .,,�, SECTION Cl-1 DEFINITIONS PART C - GENERAL CONDITIONS C1-1 DEFINITIONS � C1-l.l DEFINITIONS OF TERMS: Whenever in these Contract Documents. the following terms or pronouns in place of them are used, the intent and meaning shall be understood and W., interpreted as follows: � � C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, � bonds, addenda, plans, etc., which govern the terms and � performance of the� contract. These are contained in -the General Contract Documents and the Special Contract D'ocuments. � a. GENERAL CONTRACT DOCUMENTS: The General Contract "" Documents govern'all Water Department projects and ,,,r include the following items: •� PART A- NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White r . PART C- GENERAL CONDITIONS (CITY) Canary Yellow v�, (Developer) Brown PART D- SPECIAL CONDITIONS Green '� PART E - SPECIFICATIONS El-White E2-Golden Rod ' � E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White •• PART G - CONTRACT (Sample) White � b. SPECIAL CONTRACT DOCUMENTS: The Special Contract �,� Documents are prepared for each specific project as a supplement to the General Contract Documents and � include the followirig items: "'" PART A- NOTICE TO BIDDERS (Advertisement) Same as � • above PART B - PROPOSAL (Bid) �.�+ PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS i PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS • � PART G - CONTRACT PART H- PLANS (Usually bound separately) � � .� � � .� 0 C1-1 (1> �, C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official o£ the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C�-1.18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department oi the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. C1-1.19 ENGINEER: The Director o� Public Works, the Director of the Fort Worth City Water Departmen�, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope �f the particular duties en�rusted to them. . C1-1.20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representatiye. A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are.bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. � C1-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the fuznishing of'all. labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6. C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25 LEGAL HOLIDAYS: Legal holidays shall he prescribed by the City Council of the City of Fort observance by City employees as follows: observed as Worth for : .. � � J � C1-1 (9) � � faithful performance of the contract and include the �„ following: � a. Performance Bond (see paragraph C3-3.7) b. Payment Bond (see paragraph C3-3.7) � c. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) C1-1.10 CONTRACT: The Contract is the formal signed agreement `� between the Owner and the Contractor covering the mutual � understanding of the two contracting parties about the project to be completed under the Contract Documents. � C1-1.11 PLANS: The plans are the dxa•wings or reproductions �""" , therefrom made by the Owner's representative showing �,n detail , the location, dimension and position o£ the various elements of the project, including such profiles, typical � cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue "r to clarify other drawings or for the purpose of showing �„ changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the � Contract Documents, but they are a part of the Contract Documents just as though they were bound therein. � C1-1.12 CITY: The City of Fort Worth, Texas, a municipal cornoration, authorized and chartered under the Texas State � Statutes, acting by and through its governing body or its City � Manger, each of which is required by charter to perform specific duties. Responsibility for final enforcement of � Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are � synonymous. "° C1-1.13 CITY COUNCIL: The duly elected and qualified �, governing body of the City of Fort Worth, Texas. � C1-1.14 MAYOR: The officially elected�Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. �, C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly � authorized representative. ""' C1-1.16 CITY ATTORNEY: The officially appointed City Attorney ,,,,, of the City of Fort Worth, Texas, or his duly authorized representative. � C1-1 (3) .r� � ,� C1-1.27 CHANGE ORDER: A"Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter oi a Change Order unless the increase or decrease is more than 25� of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. ' C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: � � 1. 2. 3. 4. 5. Any type of asphalti.c concrete with or without separate base material. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. Brick, with or without separate base material. Concrete, w�th or without separate base ma�erial. Any combination of the above. C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys." Cl-J..30 CITY STREETS: A city street.is defined as that area between the right-of-way lines as the street is dedicated. C1-1.31 ROADWAY: parallel lines two ( 4' ) feet back of exists. The roadway is defined as the area between (2'•) feet back of the curb lines ar four the average edge of pavement where no curb C1-1.32 GRAVEL STREET: A gravel street i's any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. . � � T � �7 C1-1 (6) , � � � 1. � 2. 3. 4. �"" 5. , 6. 7. --� 8. 9. � � New Year's Day January 1 M. L. King, Jr. Birthday Third Monday in January Memorial Day Last Monday in May Independence Day July 9 Labor Day I'irst Monday in September Thanksgiving Day Fourti� Thursday in November Thanksgiving Friday Fourth Friday in November Christmas Day December 25 Such other days in lieu of holidays as the City Council may determine� When one of the above named holidays or a special holiday is declared by the City Council, falls on Saturday, the holiday shall be obs�rved on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working.on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. � C1-1.26 ABBREVIATIONS: Wherever the ak�breviations defined herein appear in Contract Documents, the intent and meaning � shall be as follows; r. !I � � � � � �� 3 ,� .�� - � � �w � � 1 AASHTO - American Association of MGD - Million Gallons Per State Highway Transportation Day OfficiaXs ' ASCE - American Society of Civil CFS - Cubic Foot per Engineers � Second LAW - In Accordance With ASTri - American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works • � - Percentum Association R - Radius ASA - American Standards Association I.D. - Inside Diameter Hz - Hydraulic Institute O.D. - Outside Diameter Asph. - Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. - •Boulevard C - Centigrade CI - Cast Iron In. - Inch CL - Center Line Ft. - Foot GI - Galvanized Iron St. - Street Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard MH - Manhole SY - Square Yard Max. - Maximum L.F. - Linear Foot D.I. - Ductile Iron Cl-� (5) � � forms'or other�parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actua'1 quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantiti.es of wor.k to be pertormed and materials to be furnished may be increased or• decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of � the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shal�. constitute all�of the information which the Owner will furnish. All additional inf ormation and data which the owner' will supply a£ter' promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. � Bidders are required, prior to the filing of proposal, to read ��' and become familiar with the Contract D ocuments, to visi,t the site of the project and ex.amine carefully all local conditions, to inform themselves by their own independent �- research and investigations, tests, boring, and by such other means as may be necessary to gain a c omp le te knowledge of the conditions which will be encountered during the construction of the project. They must. juclge for themselves the _ difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for �y its comple tion, and obtain all information required to make an intelligent proposal. No information given by the Owner or � any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely � exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data _, which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-f acie evidence that the bidder has made the investigations, examinations and tests � herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the C ontract Documents will not be allowed. The l.ogs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the C2-2(2) SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL � SECTION C2-2 INTERPRETATION AND PREPI�RATION OF PROPOSAL ' C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal.form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon W. which bid�prices are requested. The Proposal f orm will state the Bidder's general understanding of the project to be "'" completed, provide a space tor furnishing the amount of bid ; security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's � "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must•be properly executed'and fi.led �"` with the Director of the City Water Department one week prior � to the hour for openinq of bids. � The financial statement required shall have been prepared by an independent certified public accountant or an independent � public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so � prepared as to reflect the current financial status. This .}�, statement must be current and not more than one (1)� year old . In the case that a bidding date falls within the time a new '""� statement is being prepazed, the previous statement shall be updated by proper verification. Liquid assets in the amount "�` of ten (10$) percent of the•estimated project cost will be �r required. +� For an experience record to be considered to be acceptable for � a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and ,.�„ magnitude as that of, the project tor which bids are to be r.eceived, and such experience must have been on proje.cts "'� completed not more than five (5) years prior to the date on which are to be received. The Director of the Water '^ department shall be sole judge as to the acceptability of � experience for qualification to bid on any Fort Worth Water Department project. � The prospective bidder shall schedule the equipment he has � available for the project and state that he will rent such ,.� additional equipment as may be requixed to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work �"° and materials to be furnished as may be listed in the proposal � � C2-2(1) � C2-2.7 DELIVERY OF PROPOSAL: N o p r oposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of bus�ness as set forth in the "Notice to Bidders." It is the IIidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each �proposal•shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envel.ope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals.,�A request for non-consideration of a pr000sal must be made i.n writing, addressed to the Ci.ty Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed ma , at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modity his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communicati.on over the signature of the bidder was mailed prior to the proposal opening time. If such conf irmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no."Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. ' C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions, alterations of form, additions, or coiiditions no�. called for, unauthorized alternate bids, or irregularities of any kind. However, the ,� � �.. ... . C2-2(4) ' L� 0 " Owner nor the Engineer guarantee that the data shown a.s reoresentative of conditions which actually exist. � � � C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank s�aces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes 'to.do the work contemplated or furnishe the materials required. Al1 such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the '"` City shall govern. If a proposal is submitted by •an individual, his or her name �, must be signed b� him (her) or his (her) duly authorized agent. � Xf a proposal is submitted by a firm, association, or partnership, the name.and address of each member must be given, and the proposal must be signed by a member of the � firm, association, or partnership, or by a person duly authorized. If a proposal is�submitted by a company or' . corporation, the company or corporate name and business • �"' address must be given, and the proposal signed by an official � or duly authorized agent. The corporate seal must be affixed. ' Power of Att-nrney authorizing ag�nts or others to sign - proposal must be properly certified and must be in writing and � submitted with the proposal. � C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not '�*' called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, dr �"' contain unbalance value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BTD•SECURITY: No proposal will be considered-unless it `" is accompanied by a"Proposal Security" of the character and � in the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required. by the Owner as � evidence'of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will �" within the required time execute a formal contract and furnish , the required performance and other boncls. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be,retnrned promptly after '"�' the canvass of bids. � � � C2-2(3) 1 IIY � ' � � � � � � � � i .� � � � .« � Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal af ter the closing hour is an irregularity which cannot be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified ai�d their proposals not considered for any of, but not limited to, the following reason: a. b. c. d. e. f. 9- h. Reasons for believing that collusion exists among bidders. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. The bidder being interested in any litigation against the Owner or where the Owner ma.y have a claim against or be engaged in litigation against the bidder. The bidder being in arrears on any existing contract or having defaulted on a previous contract. The bidder having performed a prior contract in an unsatisfactory manner. � Lack of competency as revealed by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. Uncompleted work which, in the judgment�of the Owner, will prevent or hinder the prompt completion of additional work if awarded. The bidder not filing with the Owner, one week in advance of the hour of_the opening of proposals the following: � l. 2. 3. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. A cur�rent experience record showing especially the project� of a nature similar to the one under consideration, which have been successfully completed by the Bidder. An equipment schedule showing the equipment the bidder has available for use on the project. � The Bid Proposal of a bidder who, in the judgment of the � Engineer, is disqualified. under the requirements stated .;, herein, shall be set�aside and not opened. � ' � � 4w 1 C2-2(5) � The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employrnent Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five (95) days after the date on which the proposals were opened. C3-3.5 AWARD OF CONTRACT: The.Owner reserves the xight to withholdfinal action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been�made as to the responsibility of the proposed awardee. The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. . C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, a� its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BOND S: With the ex.ecution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in an amount not less th an 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the fu7.1 and faithful execution of the work and performance of the contract, and f or the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or the use of inferior materials. This performance C3-3 (2) � . � � �.� . � � � � � � � PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMEhTS: ,.� C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the """ basis of� the quoted prices, the quantities shown in the � proposal, and the application of such formulas or other. methods of bringing items to a common basis as may be �+ established in the Contract Documents. "'R The total obtained,by taking the sum of the products of unit ,W, prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost � of the completed project will be considered as the amount of ' the bid. � Until the award of the contract is made by the Owner,� the �" right will be reserved to reject any or all proposals and .� waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered tor the best interest of the Owner. � C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS �„� ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding """ actual work performed by a Minority Business Enterprise (MBE) and or a a Woman-owned Business Enterprise (WBE) on the '"" contract and the payment therefor. Contractor further agrees, ,� upon zequest by Owner, to allow and audit and/or an examination of any books, recards, or files in the,possession �� of Contractor that will substantiate the actual work performed � by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contrac� and for � initiating any action under appropriate federal, state or local laws and ordin.ances relating to fal.se statements; "� further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for �'°°" bidding on future Con�racts with the Owner for a period of � time of not less than six (6) months. � C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall � comply with Current City Ordinance.prohibiting discrimination in employment practices. � � C3-3 (1) � n new surety satisfactoxy to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until appxoval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropria�e resolution, or otherwise, awarded the contract., the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. No contract shall be binding upon the owner until it has been attested by the City Secretary, approved as to form and le9ality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. • ' C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or �to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By_reason�of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occur�ing to the Owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such f ailure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing qf a proposal will.be considered as an acceptance of this provision by•the Bidder. C3-3.10 BEGINNING WORK: The Contractor shall not commence work until�authorized in writing to do s� by the Owner. Should the Contractor tai� to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub-contractors' i. �r . � � , .. � � C3-3 (4) � }Mq "' bond shall guarantee the payment for all labor, � materials, equipment, supplies, and services used in the construction of the work, and shall remain . in full force and effect until provisions as above stipulated are accomplished and final payment is ""° made on the project by the City. � .�� rM+� «,.� � b. MAINTENANCE BOND: A good and sufficient ' maintenance bond, in the amount of not less than 100 percent of the amount.of the contract, as evidenced by the proposal tabulation or otherwise,, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. c. PAYMENT BOND: �A good and�sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civi� Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, ].959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. � .. w� .«�« � . *� .., � N o sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested.in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3) W � 4 ..r 5. Builder's risk (where above-qround structures " are involved). 6. Contractual Liability (covers a11 indemnification requirements of Contract). ,J d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY , DAMAGE: The Contractor shall procure and maintain, � during the life of this Contract, Comprehensive �+ Automobile Liability insurance in an amount not less than $250,000 for i.njuries including' accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one acciclent, and automobile property damage insurance in an amount not less than $100,000. ' � e. SCOPE OF iNSURANCE AND SPECIAL iiAZARD: The insurance required under the above paragraphs shall • provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims whi.ch may arise from operations under this contract, whether such operations be by the insuxed � or by any one directly or indirectly employed by him, an3 also against any of the following special hazards which may be encountered in the performance '� � of the Contract. ,..,, f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory pr oof of � coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner. (Sample attactied. ) All a.nsurance requirements made upon the Contractor�shall apply to the sub-contractor, should the Prime Contractor's insurance not cover the � sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and performance, payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located wa.thin the city limits of the � C3-3 (6) �; � �' certificate o� insurat�ce for approval. The prir�e contractor shall indicate on the certificate of insurance included in the- !!'" documents for execution whether or not his .insurance covers �; sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage � of all sub-contractors. � a. COMPENSATION INSURANCE: The Contractor shall . maintazn, during the life of this contract, �� Workers' Com��ensation Insurance on all of his employees to be engag ed in work on the project under this contract, and for all sub-contractors. "'" In case any class of employees engaged in hazardous ,� work on the project under this contract is not � protected under the Workers' Compensation Statute, .� the Contractor shall provide adequate employer's � general J.i�ability insurance for the protec�ion of such of his employees not so protected. �`� b. COMPREHENSIVE GENERAL LIABiLITY INSURANCE: The � Contractor shall procure and shall maintain during the life of thi s contract Contractor's r"4 Comprehensive General Liability Insurance (Public � Liability and Property Damage Insurance) in an amount not less than $500,000 covexing each �-� occurrence on account of bodily injury, including death, and in an amount not less than $500,000. �" covering each occurrence on account ot property ,�,, damage with $2,000,000 umbrella policy coverage. c. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set � forth for public liability and property damage, the following insurance: 1. Contingent Liability (covers General Contractor's Liability for acts of sub-contractors). . 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures ac�jacent to excavation (if excavations are to be performed ad-iacent to same). 4. Damage to underground utilities for $500,000. � f YW C3-3 (S) � � � matter associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for administration of the work under the Contract shall be maintained until all business.transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Gontractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project,�all appropriately signed and sealed, as applicable, by the Contractor's responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with�the Contractor's administration, whether it be oriented in furthering the work, or other, be governed•direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perf orm to the satisfaction of Engineer, the Engineer, at his sole discreti.on, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. � +-� . C3-3 (8) � � � � � � � � � w � City of Fort Worth, Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or an� property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth-Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certif icates of insurance. ' C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll cov.ering payment of wages to all person engaged in work on the projec� at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. a� C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, � whether a person, persons, partnership, company, firm, association, corporation or other who is approved to.do '""" business with and enters into a contract with the City for ,4� construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office " within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full r� authority to transact all business actions required in the performance of the Contract. This local authority shall be � made responsible to act for the Contractor in all matters � pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, ', thus delegated and directed, to settle all material, labor or other expenditures, all claims against ttle work or any other � r� C3-3 (7) ...: waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes 'in depth categories, shall be interpreted herein as applying to the overall quantitie� or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4.9 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be sidered as waiving or invalidating any condition or con pro��ision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall. be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that bef ore any extra work is begun a"Change Order" shall be executed or written order issued by the Owner to do the.work for payments or credits as shall be determined by one or�more combinat�ion of the following methods: a. L%� Unit bid price previously approved. An agreed lump sum. c. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America � current equipment rental rates; (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to e�:ceed 10� of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for.rental of equipment owned by him and used f or the extra work . The fee shall be f u 11 and complete compensation to cover the cost of superintendence, overhead, other profi:t, general. and all other expense not included in (1), (2>► (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the methoci � � C4-4 (2) � � . � �' � � r"" SECTION C9-4 SCOPE OF WORK 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 project which the Contractor undertakes to construct or furnish, all in full compliance with the �,� requirements and intent of the Contract Documents. It is .definitely understood that the Contractor�shall do all work as � provided for in the Contract Documents, shall do all extra or special.work as may be considered by the Owner as necessary to -�� complete the project in a satisfactory and acceptable manner. ,� The Contractor shal•1, unless otherwise specifically stated in these Contract Documents, furnish all labor, �tools, materials, �,,, machinery, equipment, special services, at�d inciden�.als necessary to the prosecution and completion of the project. � C4-4.2 SPECIAL PROVISIONS: Should any work or conditions "^ which are not thoroughly and satisfactorily stipulated or � covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional � proposed work which is not�� covered by these Contract Documents, then "Special Provisions" covering all such work ""� will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the �{ Bidder in the form of Addenda. All such "Special Provisions" "~ shall be considered to be a part of the Contract Documents � just as though they were originally written therein. A C4-4.3 INCREASED OR DECREASED�QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed �a or to extend oY shorten the improvements at any time when and �� as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. �„ Such increased or decreased quan.tity shall not be more than 25 percent of the contemplated quantity of such item or items. r"� When such changes increase or•decrease the �original quantity of any item or items of work to be done or materials to be "'`' furnished by the 25 percent or more, th en either party to the ,� contract shall upon�written request to the other party be entitled to a revised consideration upon that portion of the � work above or below the 25 percent of the original quantity � stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for ,M�, "Extra Work." No allowance will be made for any changes in anticipated profits nor shall such changes be considered as «� L � C4-4 (1) � � shall be presented al anticipated progress of plotted horizontally and vertically. The progress 11" sheets and at least be furnished to the Owner. so a composite graph showing the construction with the time being the percentage of completion plotted charts shall be prepared on 8- 1/2" x five black or blue line prints shall � :� C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten t10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several rriajor activities (including procurement of materials, plans, and equipment) and the contemplated�dates for completing the. same. The schedule shaJ.l be in the fo'rm of� a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram tiie actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect.any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft scheduie with the Engineer to ensure the Contractor's understanding of the contract requirements. � . The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints, sequencing requirements and completion time. b. The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. C9-4 (4) �.. � � � .•� � � suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra.Work. No "Change Order" sha].1 become effective until it has been approved and signed by each of the Contracting parties. � No claim for Extra Work of any kind � ordered in writing by the Owner. instructions, either oral or written, to involve Extra Work for whic � compensation, he shall make written - for written orders authorizing such � beginning such work. will be allowed unless In case any orders or appear to the Contractor h he should receive request to the Engineer Extra Work, prior to `" Should a diffexence arise as to what does or does not ,r, constitute Extra Work,, or as to the payment thereof , and. the Engineer i.nsists upon its performance, the Contractor shall � proceed wit}1 the work after making written request f or writ.ten orders and shall keep an accurate account of the actual '""° reasonable cost thereof as provided under method (Item C). ,,,� Claims for extra work will not be paid unless the Contractor shall file .his claim with the Owner within f ive ( 5) days � before the time for making the first estimate after such work is done and unless the claim is supported by satisfacto'ry '� vouchers and certified payrolls covering all labor and ,.,+, materials expended upon the said Extra Work. � The Contractor shall furnish �! records of all deviations from the ""� as may be necessary to enable � permanent �ecord a corrected set installation. the Owner such installation original Contract Documents the Owner to prepare for of plans showing the actual . The compensation agreed upon for 'extra work' whether or not " iniitiated by a'change order' shall be a full, complete and ,r, f inal payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are ,�.� known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, '� ripple or impact cost, or any other effect on changed or ,,, unchanged work as a result or the change or extra work. .� � � �. �: ^ � � C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner's �approval thereof, a"Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the contract. There shall be also shown the estimated monthly cost of work for whict� estimates are to be expected. There C9-4 (3) � � .., 9. Operational testing. 10. Final inspection. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contraci�or shall take such ~ action as necessary to improve his progress. In addition, the Owner may reguire the Contractor to submit a revised schedule�demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. 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 wo.rk shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is f ailing to prosecute the work with such diligence as will insure its completion within the time specified. ., ., : - � . I� I� T, C4-4 (6) � � �n i� c. Durations shall be in calendar days and normal � holidays and weather conditions over the duration wM of the contract shall be accounted for within the duration of each activity. . � d. One critical path shall be shown on the �'" construction schedule. � e. 'Float time is defined as the amount of time �. between the earliest start date and the latest , start date of a chain of activities of the CPM '" construction schedule. Float time is not for the � exclusive use or benefit of either the Contractor or the Owner. f. Thirty aays sha,ll be used for submittal review unless otherwise specified. • `�' The construction schedule shall as a minimum be divided � into general categories as indicated in the Proposal and Technical Specifications and each general category shall be '"°` broken down into activities in enough detail to achieve , activities of approximately fourteen (14) days duration. � For each general category, the construction schedule shall identify all trades or subcontracts whose work is `'" represented by activities that follow the guidelines of � this Section. � For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, *" construction and preacceptance activities and events in , their logical sequence for equipment and materials. l. Preparation and transmittal of submittals. ""� 2. Submittal review periods.. 3. Shop fabrication and delivery. 4. Erection or installation. 5. Transmittal of manufacturer's operation and maintenance instructions. !� 6, Installed equipment and materials testing. � . r�� 7. Owner's operator instruction (if applicable). 8. Final inspection. � C4-4 (5) «. � � ..y C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contxact . ,, Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any xequirements appearing in one of the sections is as binding as ttiough it occurred in all sectior:�. In case of: discrepancies, figured c�imension shall ,, govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown + on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall b e permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent'error or discrepancy, he shall immediately call this � condition ta the attention of the Engineer. In the event of a conflict in the drawinqs, specifications, or other.portions of• ., the Contract Documents which were not reported prior to the . award of Contract, the Contractor shall be deemed to h av e '' quoted the most expensive resolution of the conflict. � ., C5-5_4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set � of such Contract Documents. The Contract shall give to the iaork the constant attention necessary to facilitate the progress thereof and sha 11 cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper perfoxmance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor' s agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circurnstances require the presence on the project site of a representative of the Contractor t o C5-5 (2) �" � � � � PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERZALS SECTION C5-5 CONTROL OF WORK AND MATERIALS •� C5-5. 1 AUTHORITY .OF ENGINEER: The work shall be performed to the satisf action of the Engi.neer and in strict compliance with "" the Contract Documents. He shall decide all questions which ,�,, arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, l overall sequence of the construction,' interpretation of the Contract Documents, acceptable fulfillment of the contract, "" compensatiori, mutual rights between Contractor and Owner under w,� these Contract Documents, •supervision of the work, r�esumption of operations, and all other questions or disputes which may � arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or proceduxes of �'"' construction, or the safety precaution and programs incident �,, thereto, and he will not be responsible for Contractor's failure to perf orm the work in accordance with the contract * documents. """ He shall determine the amount and quality of the work ,�,; completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall „�.s be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive '''" authority to enforce and make effective such necessary decisions-and orders as the Contractor fails to carry out `" promptly. In the event of any dispute between the Engineer and T Contrac�tor over the decision of the Engineer on any such matters, the Engineer must, �aithin a reasonable time, upon � written request of the Contractor, render and deliver to both .., the Owner and Contractor, a written deci.sion on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all "� cases shall conform with lines, grades, cross-sections, �.. finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. *� Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be '� determin ed by the Engineer and authorized by the Owner by �,, Change Order . � � C5-5 (1) u These stakes or markings shall be set sufficiently in advance ot 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 autt�orized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or rernoved by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25$ will be charged against the Contractor, and the f ull amount will be deducted from payrrient due the�Contractor. . CS-5.8 AUTHORITY AND DUTIES OF CITY INSPECTORS: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all•or any part�of the work, and the preparation or manufacturing of the materials to be used or� eguipment to be installed. A City Tnspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contraet Documents, and to call the attention of the Contractor to any such failure or other infringements. Such ins,pection or lack �of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the xequirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials or equipment to suspend work until the question at issue can be referred to and be decided by the Engineer_ The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or• section of the work, nor to issue any instructions contrary to the requirements of the Contract Documents. He will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duti.es. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents, provided, however, should the Contractor object to any orders or instructions of the City Inspec.tor., the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. �_ �� . C5-5 (4) � � `"� adequately provide �,,, traveling publ ic or ' project extends or � project routing. for the safety or convenience of the the owners of property across which the the safety of property contiguous to the �"'' The Contractor shall provide all facilities to enable the Iw� Engineer and his inspector to examine and inspect the workmanship and materials entering into the work, � C5-5.5 EMERGEN CY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer; a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar-day or on a'working-day basis. � Should the Contractor fail to respond to a�request from the � Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirem�nts of the „� project specifications�or plans, the Engineer shall give the Contractor written notice that such work or changes are to be � performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In,the event the ;;,� Contractor does not take positive steps to fu.lfill this written request, or does not show just cause for not taking �.- the proper action, within 24 hours, the City may�take such remedial action with City forces or by contract. The City «'r shall then deduct an amount equal to the entire costs for such � remedial action, plus 25$, from any funds due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no "'" extra compensation, an adequate f ield off ice for use of the �,, Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially ,,�. constructed, well heated, air conditioned, lighted, and weather-proof, so that documents will not be damaged by the "'°' elements . � � � � � � Y� C5-5.7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines, grades and measuremen.ts will be established by means of stakes or other customary method of marking as may be found consistent wath good practice. C5-5 t3) � substitute from that specified and indicating available maintenance service. No subs�rov 1 ofhEn ineer whoew 1 be installed without the written app 9 the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require.which shall be furnished at Contractor's expense.' Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPL�S AND TESTS OR MATERTALS: Where, in the opinion of the Englaterials or equ pment� arennecessa� y,r suchbte ts w 11 tests of m be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall be in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in. accordance with the latest methods prescribed by the American Society for Testing Materials or specif ic requirements of the Owner. The Contractor shall provide such facili�ties as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use the materials represented bY rovedsfoPluse unThe tests have been made and the materials app Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall. be approved by the Engineer before any concrete is placed, and the Contactor shall be responsible for replacing any concrete which does not meet the requirements of the Contract DlacintSof Tconcretel be made at least 9 days prior to the p 9 using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. S io��lao��he userot of supply change, new tests shall be ma�e p the new materials. . C5-5.13 STORAGE OF MATERIALS: All materials which used in the construction operation shall be stored insure the preservation of tl�e quality and fitness of When directed by the Engineer, they shall b� placed platforms or other hard, clean durable surfaces and are to be so as to the work. on wooden not on the � .: . CS-S (6) � � �+ ' i �"` C5-�.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not � the work as performed is in accordance with the requirements y of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, �`� remove or uncover such portion of the finished work as may be � directed. Aiter examination, i.lie Coi�tractor shall restore said portions of the work to the standard required by the ., Contract•Documents. '"""' Should the work exposed or examined prove acceptable, the � uncovering or removing and replacing of the covering or making good of the parts removed sha11 be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of •all adjacent defective or damaged parts shall be at the ,,,, Contractor's expense. No work shall be done or materials used without suitable supervision�or inspection. � C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: Al1 work, """ materials, or equipment which has been rejected sh all be remedied or removed and replaced in an acceptable manner by `" the Contractor at his own expense. Work dane beyond the lines 1 and grades given or as shown on the plans, except as herein , specifically provided, or any Extra �9ork done without written '"'; authority, will be considered as unauthorized and done at the ,,��,, expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the -� Contractor's expense. Upon the failure on the part of the � Contractor to comply with any order of the Engineer mac3e under ' the provisions of this paragraph, the Engineer will have the � authority'to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and th e cost � thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance M� of such works. ' ,.� C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit E Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the �,. preconstruction conference, make written application t.o ENGINEER for approval of 'such substitute certifying in writing "� that the proposed substitute will perform adequately the „�, functions called for by the general design� be similar and of equal substance to that specified and be suited to the same �,. use and capable of performing the same function as that . specified; and identifying all variations of the proposed C5-5 (5) � � 2. Notify each customer personally through responsible personnel as to time and schedule of the interruption of their service, or 3, In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's entrance door knob. The tag shall be durable in composition, and in large bola type shall say: "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be inter- 'rupted on between• the hours of and . This inconvenience will be as short as possible. Thank you, Contractor Address Phone b. EmerqencV: In the event that an unforeseen service interruption occurs, notice shall be as above,but- immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the Cantractor, any other Contractor or any sub-contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub-contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job sit� during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the the satisfaction of the Engineer. Twenty-fours fours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor tails to correct the C5-5 (8) : . R� e 1�.1 ,.�,, ,�. � ground, and shall be placed under cover when directed. Stored �� materials shall be placed and located so as to facilitate � prompt inspection. � C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the P1 ans relative to existing utilities � are based on the bes.t information available. Omission from, or the inclusion of utility locations on the Plans is not to be �" considered as the nonexistence of, or a definite location of, ;�„ existing .underground utilities. The location of many gas mains, water mains, conduits, sewer l.ines and service lines .., for all utilities, etc. , is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all ' such structures and utilities on the plans or to show them in their exact location. It is mutually�agreed that such failure ' will not be considered sufficien�. basis for claims for � additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstr uction '" encountered is such as to necessitate changes in the lines and ,�„ grades of considerable mag nitude or requires the building of special works, provision for which is not made in the Contract ,,., Documents, in which case the provision in these Contract Documents for Extra Wprk shall apply. It shall be the Contractors responsibility to verify locations �` of adjacent and/or conflicting utilities sufficiently in ww advance of construction in order that he may negotiate such local adjustments as necessary in the construction pr ocess to � provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing � utilities, structures and service lines. Verification of ,,,� existing utilities, structures and service lines shall include notification of all utility companies at least forty eight " (98) hours in advance of construction including exploratory excavation if necessary. Al1 verifi.cation of existing t`�' utilities and� their adjustment shall �be considered as � subsidiary work. *�'° C5-5.15 INTERRUPTION OF SERVICE: � a. Normal Prosecution: In the normal prosectuion.of work where the interruption of service is necessary, the Contrac.tor, at least 24 hours in advance, shall be reguired to: l. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. �' �w. � C5-S (7) � � � � � unsatisfactory procedure, the City may take such direct action .� as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, " and the costs of such direct action, plus 25$ of such costs, i, shall be deducted from monies due or to become due to the Contractor. � Upon the completion of the project as a whole as covered by "" these Co'ntract Documents, and before final acceptance and ,,,R final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded ...6 materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly " condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be � dis.posed of at locations satisfactory to the Engineer. The � Contractor�shall thoroughly clean all equipment and materia ls installed by him and shall deliver over such materials and �^* equipment in a bright, clean, polished and new appearing �,� condition. No extra compensation will be made to the Contractor for any clean-up required on the project. � C5-5.18 FINAL INSPECTION: Whenever the work provided for in '` and contemplated under�the Contract Documents has been satisfactorily completed and final cleanup performed, the a' Engineer will notify the proper officials of the Owner and •..,� request that the Final inspection be made. Such inspection will be made within 10 days after' such notification. After � such final inspection, if the work and materials and equipment ;,,�; are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper �,,, resolution has been passed by the City Council. No time charge will be made against the Contractor between said date " of notif ication of the Engineer and the date of f i nal inspection of the work. ��, . � � � � r � �r» � � C5-5 (9) � � :a C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into . immediate force and effect by the Contractor. The necessary sanitary conveniences for.use of laborers on the work, ' properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor. Al1 such -. facilities shall be kept.in.a clean and sanitary condition, free from objectionable odors so as not .to cause a nuisance. All sanitary laws an'd regulations of the State of Texas and � the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment � stored about the work shall be so placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The . Contractor is required to maintain at all times all phases of : his work _in such a manner as not �to impair the safety or ` convenience of the public, including, but not limited to, safe � and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehi.cular traffic, except during actual trenching or pipe installation � operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer. If � diversion of traffic is approved by i:he Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. • The materials excavated and the construction materials such as pipe used in the construction of the work shall be placed so as not to endanger the work or prevent iree access to all fire hydrants, fire alarm boxes, police call boxes, water valves, C6-6 (2) ' � � � � � � « .., ,�. .� PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shal.l at all times observe and comply with all Federal. and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No�plea of misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. . C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all � permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful ' prosecution of the work. C6-6.3 PATENTED DEVICES[ MATERIALS AND PROCESSES: If the "�" Contractor is required or desires to use any deszgn, device, material, or process covered by letter, patent, or copyright, "'" he shall provide for such use by suitable legal agreement with ,�,; the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that withou t r� exception-the contract pxices shall include all royalties or cost arising from patents, trade-marks, and copy rights in any � way involved in the work. The Contractor and his sureties _, shall indemnify and save h armless the Owner from any and all claims for infringement by reason of the use of any such � patented design, device, material or process, or any trade-mark or copy right in connection with the work agreed to '"" be performed under these Contract Documents, and shall w,� indemnify the Owner for any cost, expense, or damage which it �nay be obliged to pay by reason of such i,nfringement at any r�« time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the """ responsibility to defend any and all suits brought for the r„ infringement of any patent claimed to be infringed upon by the ! design, type of construction or material or equipmerit *� specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account "� o� such suits. � C6-6 (1) � . carried on operation of contractors contract, Contractor assistance additional be provided in such manner as not to interfere with the trains, loading or unloading of cars, etc. Other of the Owner may, for all purposes required by the entex upon the work and premises used by the and shall be provided all reasonable facilities and for the completion of adjoining work. Any grounds desired by the Contractor for his use shall by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: �9hen the work encroaches upon right-of-way of any railway, the City will secure necessary easement for the work. Where the railway tracks to be crossed, the Contractor shall observe all regulations and instructions of the railway company as to methods of performing the work and take all precautions safety of property and the public. Negotiations with railway cornpanies for permits shall be done by and through 11 ive the City notice not less any the are the the for the the than City. The Contractor sha g five days prior to the time'of his intentions to begin work on that portion of the project which is related to the railway properties. The �Contractor will not be given extra, or additional compensation he ContractaDocu e ts°ssings unless specifically set forth in t C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or p ublic place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights and danger signals, shall provide such.watchmen, and shall take all such other precautionary measures for the protection of persons or property and be taentedkinsaacolorcthatrwillBbervisibleaat fences shall p night. From sunset to sunrise the Contractor shall furnish and maintain a� least one easily visible burning light at each barricade. A sufficient number 'of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall f urnish watchmen and keep them at tht therwork and prevent accident or d magecient numbers to protec All installations and procedures sha�.l be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on iiighways", codified as Article 6701d Veron's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. .� 0 . C6-6 (4) ,�, "' gas valves, or manholes in the vicinity. �'he U�%ner xeserves the right to remedy any neglect on the part of the Contractor `� as regards to public convenience and safety whicli may come to { its attention, after twenty-iour hours notice in writing to the Contractor, save in cases of emergency when it shall have "'° the right to remedy any neglect without notice, and in either ,�,: case, the cost of such work done or materials iurnished k�y t}�e Owner or by the City shall be deducted from monies due or to � become due to the Contractor. ""` The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engi.neer, and Police "�" Department, when any street or alley is requested to be closed v or obstructed or any fire hydrant is to be made inaccessible, and, when so directed by the Engineer, shall keep any street, streets., or highways in condition f or unobstructed use by fire � ai�paratus. Ttie Contractor shall promptly notify 'the Fire Department Headquarters when all such obstructed sti-eets, ,�., all.eys, or hydrants are again placed back in service. """ Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches `"` or streams, his responsibility for accidents in connection , with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and � the use of construction machinery so as not to damage or� ,.., destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, '�' the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in """ settlement of such claims. The Contractor shall file with the .. Engineer a written statement showing all such claims adjusted. �! C6-6.6�PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the �� Contractor will be permitted to use and occupy such portions ,,.„ of the public streets and alleys, or other public places or other rights-of-way as provided for in �the ordinances of the � City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A "�' reasonable amount of tools, materials, and equipment for w«P construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction � operations. Excavated and waste materials shall be piled or ��; stacked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed �,; and so as not to inconvenience occupants of adjacent pr operty. If the street is occupied by railway tracks, the work shall be -•, � C6-6 (3) � �f r' � advance of the use of any activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Contract Documents, or the use of explosives is requested, the Contractor shall submit notice to .� the Engineer in writing twenty-tour hours prior to commencing and shall f urn�sh evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. All.claims arising out of the use of explosives shall be investigated and a written report made by the Contractor's insurers to the Engineer within ten (10) days after receipt of written notice of the claim to �the Contractor from either the City or the claimant. •The City shall proceed to give notice , �_ to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed. Whenever explosives are stored or kept, they shall be stared � in a safe and secure manner and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchman at all times. Al1 vehicles in t which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible, not use heavy traffic routes. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of- way or easement privileges as the City may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not. enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material. on private property unless and until the specified 'approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use C6-6 (6) trr � � The Contractor will not remove any regulatory sign, .�� instructional sign� street name sign, or other sign which has been erected by the City. If it is determined that a sign � must be removed to permit required construction, the ,,,� Contractor shall contact the Transportation and Public Works department, Signs and Markings Division {phone number '� 8780-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a �"" temporary sign meeting the re.quirements of the above .,,, referenced manual and such tempora�ry sign must be installed prior to the removal of the permanent sign. If the temporary ., sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in ' place until the temporary sign requirements are met. When construction work zs completed to the extent that the permanent sign can be re-installed, the Contractor shall again -� contact the Signs and Markings Division �o re-install the permanent sign and shall leave his temporary sign in place 'p'' until such re-installation is completed. � � The Contractor will be held responsible for all damage to the ,�. work or the public due to failure of barricades, signs, fences, lights, or watchmen to pro.tect them. Whenever " evidence is found of such damage to the work the Engineer may order the damaged portion i.mmediately removed and replaced by the Contractor at the Contractor's own expense. The � Contractor's responsibility for the maintenance of .barricades, signs, fences and lights, and for providing watchmen shall not " cease until the project shall have been completed and accepted ,,,,; by the Owner . � � No compensation, except as specifically pro�tided in these � Contract Documents, will be paid to the Contractor f or the work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or � for salaries of watchmen, for the subsequent removal and '+•� disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and "'� convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for * which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF LXPLOSIVES, DROP WEIGHT, ETC.: .Should the ""tl Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The � Contractor shall notify the proper representative of any public service corporation, any company, individual, or �"°° ui�ility, and the Owner, not less than twenty-four hours in � .� C6-6 (5) � � � � proposal.�Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property to make good such damage or injury, the Owner � may, upon 48 hour wri�Lten notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property'as may be determined by the Owner to be necessary, and the cost th the Contractor undert thif�Contractonies due or� to become due to C6-6. 11 INDEPENDENT CONTRACTOR actor h 11 perform all gwork by the parties hereto that Con and•services hereunder as an independent contractor, and not as an officer, age�t, servant�or employee of the Owner. � �Contractor shall have exclusive control of and the exclusive right to control the details of all the work and services , M performed her eunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors,,. subcontractors, licensees and invitees. The doctrine of respondeat sup erior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herei.n shall be construed as • creating a partnership or joint enterprise between Owner and � _,, Contractor. - C6-6.12 CONTRACTOR'n aErees toB�and does herebyGi d mnify, C o n t r a c t o r c o v e n a n t s a g e n t s , hold harmless and defend Owner, its o f ficers, ag servants, and employees from and against any an all claims or suits for pr operty damage or loss an�d/or personal injury, including death, to any and all persons, of whatsoever kind or character, wh ether real or asserted, arising out of or in connection with, directly or indirectly, the work and services ,. to be perfor med hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or �- alleeed whether or not caused, in whole �or in ents'� servants, negligence on the part of officers, ag employees, contractors, subcontractors, licensees and invitees of the Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of� Owner, its .- officers agents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or character, whether real or * asserted, arising out of or in connection with, directly or indirectly, the woik and services to be performed hereunder by Contr ��a torsltlicensees and inviteesemwhe hersorcnotrcaused, subcon , C6-6 (8) � � A � .• . � � � � .•, r � ,.� � �,. � � � � �� ,� . �,« � � � «,� � every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property along adjacent to the work. The Contractor shall notify the proper representatives of owners or.occupants of public or private lands or interest in lands which might be aff ected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might aftected by the work. The Contractor shall be responsible for all�damage or injury to property of any character resulting from any act, omission, neglect, ar misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was aone, by repairi�ng, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property arid the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the f ence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of th removed whenever the work is not in progress and site is vacated overnight, and/or at all times t livestock from entering the construction area. The fence removal, temporary closures and replacement subsidiary to the various items bid in the C6-6 (7) � f encing when the � prevent cost for shall be project �i � � expiration ot the six month period the Director may recommend that final payment be made if all other work h as been performed and all other obligations of the Contractor have Ueen met to the satisfaction of the Director. The llirector may, if he deems it appropriate, refuse to accept -- bids on other Water Department Contract work from a Contr actor against whom a claim for damages is outstanding as a result of work perf•ormed under a City contract. ., C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor •� claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage�, and on or befc�re the 25th day of . the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the Eng ineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled � to payment on account of such damages. - C6-6.14 ADJUSTMENT OR RELOCATION OF PUBI;IC UTILITIES, ETC.: ` In case it is necessary to change, move, or alter in any - manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. y C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or publi�c drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. . The Contractor, at his own cost and expense, shall co a a ube such trovghs, pipes, or other structures necessary, prepared at all times to dispose of drainage and sewage C6-6 (10l -� � %w .•�, ��. � � r� � in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries,loss or damages to property of the Owner during the performance of any of the Lerms and conditions of this Contract, wiieLher arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses,�or invitees of the Owner. � In the event a written claim for damages against the � contractor or its subcontractors remains unsettled at the time all wor.k .on the project has been, completed to the satisfaction � of the Director.of the Water Department, as evidenced by a ,,,� final inspection, final payment to the Contractor shall not be recommerided by the Director of the Water Department for.a .. period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence '"W satisfactory to the Director that the claim has been settled .�� and a release has been obtained from the claimant involved. � If the claim concerned remains unsettled as of the expiration - of the above 30-day period, the Contractor may be deemed to be �°' entitled to a semi-final payment £or work completed, �such ;�; semi-final .payment to be in an amount equal to the total dollar amount then due less the dollar value of any written ,., claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then """ be recommended by the Director. .•� , � .M.: � � ��. ws The Dir ector shall not recommend final payment to a Contractor against whom such a claim for�damages is outstanding for a period' of six months following the date of the acceptance of the work p�rformed unless the Contractor submits evidence in writing satisfactory to the Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. � If condition (1) above is met at any time within the six month �,� period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any �,.Y, time within the six month period, the Director may recommend that the final payment to the Contractor be made. At the .�,� �� C6-6 (9) � thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, xepair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Tnspection by the Engineer or any or�der by the Owner by payment of money �or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provisi.on of the Contract Documents. Any waiver of any breach or Contract shall not be held tio be a waiver of any other or subsequent breach. . . The Owner 'reserves the right to correct•any error that may�be discovered in any estimate that may have been paid and to adjust the same to.meet the requirements of the�Contract Documents'. C6-6.20 PERSONAL ZIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents"or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representatives of the Owner, either personally or otherwise as they are agents and representatives of the Ci:ty. C6-6.21 STATE SALES TAX: On a contrac.t awarded by the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.09 (H) of the Texas Limited Sales, excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said•exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued by the Contractor in �ieu of the tax shall be subject to an3 shall comply with the provisions of State Comptroller's Ruling .011, and any other applicable State Comptroller rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. � On a contract awarded by a developer for the construction of a publicly-owned improvement in a street zight-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (H) of the Texas limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. t, � � C6-6 (12) � � � `"" received from these temporary connections until such times as the permanent connections are built and are in service. The �� existing sewers and connections shall be kept in service and • maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, �" and other waste shall be disposed of in a satisfactory manner „� so that no nuisance is created and so that the work under construction will be adequately protected. r- - C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE "'"" CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete � and satisfactory arrangements with the Fort Worth City Water - Department for so doing. }�' City water f urnished to the Contractor shall be delivered to „�; the Contract�or from a connection on an existing City ma.in. Al1 piping xequired beyond the point of delivery shall be .� installed by the Contractor at his own expense. �`"" Th e Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-1.2 USE � pF FIRE HYDRANTS AND VALVES in these General Contract - � Documents. `� When meters are used to measure the water, the charges, if ,�,; any, for water will be at the regular established rates. When meters are not used, the charges, if any, will be as ,., prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates "��'� established by the Director of the Fort Worth�Water� Department. � - . .r C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the �9 work or any structure is in suitable condition, it may be put �* into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said ,.a work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. Al1 necessary ' repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or �� to deficient operations on the part of the Contractor, shall •..,. be performed by the Contractor at his own expense. i" C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until ;,,,,,, written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and .�, care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part � �« C6-6 (11) � �+�il � _ . r� �� Limited Sale, Excise and Use Tax permits and information can be obtained from: � Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX ,-a . .�r� � r 0 .r � ..� .,� . � . r-: U C6-6 (13) L ^� pzosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall also be submitted a table of estimated amounts to be earned b�y the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Document•s and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. The sequence requested of all construction operations shall be at all times as specified in the Special Contract Docurrients. Any deviation from scuh sequencing shall be submitted to the Engineer for his a�pproval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from the full responsibility. of the complete performance of the Contract. The contract time may•be changed only as set forth in Section C7-7.8 "Extension of Time of Completion" of this Agreement, and a progress schedu�e shall not constitute a change in the contract time. C7-7.4 I,IMITATIONS OF OPERATIONS: The working operations shall. at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary f or the proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional sec�ion or street. C7-7.5 CHARACTER OF WORKMEN AND E�UIPMENT: Local labor shall be used by the Contractor is avai able. The Contractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipmeis operators, may be imported only after the local supply exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perf orm the duties ox tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or J � � , . � . C7-7 (2) � , � t+ m�,« ..� ,. PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS ..., SECTION C7-7 PROSECUTION ANU PROGRESS: '"� C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workman under his '� immediate superintendance, work of a value of not less than .� fifty (50$) percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under � these Contract Document�s, he will not under any circumstances w be relieved of the responsibility.and obligation assumed under these Contract Documents. All transactions of the Engineer ..�� will be with the Contractor. Subcontractors will be considered only iri the capacity of employees or workme�n of the �"'� Contractor and shall be subject to the same zequirements�as to character and competency. The Owner will not recognize any '"" subcontractor on the work. The Contractor shall at all times; 9�iN when the work is in operation, be represented either in person or by a superintendent or other designated representatives. � C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, convey, or otherwise dispose of the „�„ contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner �' expressed by resolution of the City Council and concurred in .� by the Sureties. �,, If the Contractor does, without such previous consent, assign, transfer, sublet, convey, br otherwise dispose of the contract � � or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm, or. � corporation, or does by bankruptcy, voluntary or involuntary, � or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the ��b Owner be revaked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any "'" such revocation or annulment, any monies due or to become due , under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be � impracticable and extremely difficult to fix the actual � damages. ,�,,, C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any � construction operation, the Contractor shall submit to the �� Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a ""'" brief outlining in detail and step by step the manner of � � C7-7 (1) � � �7_7,7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Ord ndonmentuof the Contract lby ethe nContra ctor and �hen Owner aba " may proceed as he sees fit. The Contractor shall Wm��knWall berperformedgandsthe premises � insure th�at the whole cleaned up in accordance with the Contract Documents and within the time established in such documents and such' extension of time as may be properly authorized by the Owner. C7-7,8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time�of completion shall be considered � only.when the request for such extension is submittea in writing� to edecause of delay nshall nhave Soccurred a Should an � T� time alleg extension of the time of completion be requested such request .. will be forwarded to the City Council for approval . In adjusting the cont encto u forseeable causes b yo d the consideration will be giv control of and without the fault or negligence of the � Contractor, including but limited to acts of the public enemy, r � a c t s o f t h e �1C�ions f strikesl o f reightrembargoes e o r delays quarantine restr , . of sub-contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request f or extension of time due to inability to obtain supplies and materials will be cons�ddates�and otherapertinentf data astrequested byhthe � orde Engineer indicates that the Contractor has made a bonafide attempt t�o Sobtain dthe Vsupplies cand materials from alternate � efforts sources in case the first source cannot make delivery. . If satisfactory execution and completion of the contract - should require work and materials in great=oved Contract � quantities than those set forth in the app Documents, then the contract time may be increased by Change Order. .. - C7-7,9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by tif failure of the City to provide information or material, ,. C7-7 (4) °+� N _+� � � otherwise objectionable or neglectful in the proper �,.,, performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the Owner, and ""� such person or persons shall not be employed again thereon �� without written consent of the Engineer. ,..� All workmen shall have sufficient s}:ill, abil9.ty, and experience to properly pertorm the work assigned to them and � operate•any equipment necessary to properly carry out the � performance af the assigned duties. �,. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of " the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for "'� handling materials and executing any part of the work shall be ;,,� subject to the approval of the• Engineer and shall be maintained in a satisfactory, safe and effa.cient working .� condition. Equipment on any portion of the work shall be such ,� that no injury to the work, workmen or adjacent property will result from its use. � � C7-7.6 WORK SCHEDULE: Elapse3 working days shal]. be computed starting with the first day of work completed as defined in C1-1.23 "WORKING DAY" or the date stipulated in the "WORK ORDER" for beginning work, whichever comes first. � N othing in these Contract Documents shall be construed as �. prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are :; ""'� met: • "" a. A request to work on a specific Saturday, Sunday or d Legal Holiday must be made to the Engineer no later than the proceeding Thursday. �' b. Any work to be done on the project on such a � specific Saturday, Sunday or Legal Holiday must be, � in the opinion of the Engineer, essential to the � timely completion of the project. The Engineer's decision shall be final in response to such a � request for approval to work on a specific Saturday, Sunday or �'� Legal Holiday, and no extra compensation shall be�all.owed to the Contractor for any work performed on such a specific _ '" Saturday, Sunday or Legal iioliday. Calendar Days shall be defined in C1-1.24 and the Contractor may work as he so desires. � �� C7-7 (3) , W � � $ 500,001 to $1, 000, 00J. to $2,000,001 and over $1,000,000 inclusive $ 315.00 $2,000,000 inclusive $ 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 Per Day", as set out above, is a reasonable forecast of just compensa�ion due the City �for harm caused by any delay. C7-7.1]. SUSPENSTON BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional �ompensation by virtue of such court order. Neither.will he be liable to the City in the event the.work a.s suspended by a Court Order. Neither wi.11 the Owner be liable to the Contractor by virtue of any Court Order or�action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly. or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equi.pment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary.- Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be xeimbursed for the cost of moving his equi.pment off the job and returning the necessary equipment to the job when it is determined by the Engineer C7-7 (6) � _. r � w., A . ..�a «� � � ..� w � any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall b� final and binding. If delay i.s caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying,on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the,contract. � C7-7.10 TIME OF COMPLETION: The time of completion is an � essential element of the contract. Each bidder shall �ndicate in the appropriate place on the last page of the Proposal the '"` number of working days or calendar days that he will require to fully complete this contract or the time of completion will �"' be specified by the City in the Proposal section of the +r contract documents. '� The number of days indicated shall be a realistic estimate of w,� the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the ,.,, successful bidder or the City will become the time of � completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted '"� after thz time specified in the Contract Documents, or the �.r increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the "�' contract is signed,-the sum per day given in the following �,� schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the ,.. Contractor, not as a penalty, but as liquidated damages suffered by the Owner. � � � � .� � .�, ,,,� � AMOUNT OF CONTRACT Less than $ 5,000 $ 5,001 to $ 15,000 $ 15,001 to $ 25,000 $ 25,001 to $ 50;000 $ 50,001 to $ 100,000 $ 100,001 to $ 500,000 C7-7 (5) inclusive $ inclusive $ inclusive $ inclusive $ inclusive $ inclusive $ 35.00 45.00 63.00 105.00 154.00 210.00 L'�? "•i �: b, Substantial evidence that progress of the work operations by Contractor is insufficient to J complete the work within the specified time. �, Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute . the working operations. d, ' Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. � f, Failure on the part of the Contractor to observe • � any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor promptly to make good any � defect in materials or workmanship, or any defects � of any nature the correction of which has been � directed in writing by the Engineer or the Owner. _ i �� h, Substantial evidence of collusion for the purpose � of illegally procuring a contract or perpetrating fraud on the City in the construction of work under ' contract. i. A substantial i.ndication that the Contractor has made an unauthorized assignment'of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. j, if the Contractor shall for any cause whatsoever ,, not carry on the working operation in an acceptable manner. . k. If the Contractor commences legal action against the Owner. � � A copy of the suspension order or action of the City Council • shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is cancelled, the Contractor shall discontinue the work or such part thereof as the Owner shall designate, whereupon the Sureties may, at their opt�.on, assume the contract or that , portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with the written . C7-7 (8) � � �"' � ..• that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to '� another construction project for the City of Fort Worth. �� The Contractor shall not suspend work without written notice �^ from the Engineer and shall proceed with the work operations �; promptly when notified by the Engineer�to so resume operations. � C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: ,. � Whenever, because of National Emergency, so declared by the President,of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the � necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a peri.od ot two �^ months, the Contzactor shall within seven days'notify the City in writing, giving a detailed statement of the efforts which � have been made and listing all necessary�items of labor, . ,.,, materials, and equi.pment not obtainabl,e. If,. after� investigations, the Owner finds that such conditions existing � and that the inability of the Contractor to proceed is not . attributabl.e in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable eff ort �.,; assist the Contractor in procuring and making available the necessary labor, materials and equipment within thirty days, .�i the Contractor may request the Owner to terminate the contract and the Owner may comply with the request, and the termination � shall be conditioned and based upon a final settlement �, mutualJ.y acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of ; the agreed settlement, which shall include, but not be limited to, the payment for all work executed but no anticipated ' profits on work'which has not been performed. � C7-7.14 SUSPENSIOi3 OR ABANDONMENT OF THE WORK AND ANNULMENT OF � �� CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended •� `� immediately on written order of the Engineer or the Contract „�,� may be declared cancelled by the City Council for any good and sufficient cause. The following, by way of example, but not �*' of limitation, may be considered grounds for suspension or cancellation: � � � 'If3 � A 1rw � a. Failure�of the Contractor to commence work � operations within the time specified in the Work Order issued by the Owner. C7-/ \7) been f inis nadthe f n 1 acc ptancef andl f i al Cpaymen t m detby Engineer, a the Owner. C7-7.16 TER2dINATION FOR CONVENIENCE OF THE OWNER: p,, NOTICE OF TERMINATION: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be effected by mailing a notice of termination to the Contractor specifying the exten�t to which performance of work under the contract• �is terminated', and the date upon whi.ch such _ termination becomes effective. •Rec�esumec3 and notice shall be deemed conclusively p established when the letter is placed in the United States Mail by the Owner. Further, it shal]. be. deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the Owner regarding such discretionary action. .g, CONTRACTOR ACTION: After receipt of a notice of termination, and �except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work unde to the extent� termination; • r the contract on the date and sQecified in the notice of 2, place no further orders or subcontracts for materials, services or facilities except as may .be necessary for completion of such portion of the work under the contract as is not terminate3; � 3, terminate all orders and subcontracts to the exterit that they relate to the perf ormance of work terminated by the notice of termination; 4. transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer: C . . .. . � . r C7'"'7 (1�) � � � � � .» � � � w a�. � � � � � �. .- .,,,, consent of the Owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. In case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered by the Contractor to discontinue, then the Owner shall have ttie power to complete,.by contract or otherwise, as it may determine, the work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of �carrying on the work and to procure other tools, equipment, materials, labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the Owner from such monies as may be d ue or may become due at any ti�me thereafter to the Contxactor under and by virtue of the Contract or any part thereof. T he. Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work. a � In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed +w by the Contractor, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the �"^ Owner of the excess due. When any particular part of the work #„, is being carried on by the Owner by contract or otherwis e under the provisions of this section, the Contractor shall ,., continue the xemainder of the work in conformity with th e terms of the Contract Documents and in such a manner as to not "y hinder or interfere with performance of the work by the Owner. � C7-7.15 FULFILLMENT OF CONTRACT: w� considered as having been fulf illed, bond or bonds or by law, when all the ""' parts of the project covered by the � � � C7-7 (9) The Contract will be save as provided in any work and all sections or Contract Documents have � iri � ...� D. AMOUNTS: 5ubject to the provisions of Item C7-7..16(C), the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant hereto; �. provided, that such agreed amount or amounts shall never exceed the total contract price as reduced by � • the amount of payments otherwise made and as further reduced by the contract price of work not , � - terminated. The contract shall be amended , accordingly, and the Contractor sha11 be paid the agreed amount. No amount shall be due for lost or anticipated profits, Nothing in C7-7.16(E> hereafter, prescribing the amount to be paid to the ` • Contractor •in the event of failure of the ._ Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, � restrict or otherwise determine or affect the amount or amounts which may be agreed upan to be "' paid to the Contractor pursuant to this paragranh. � . E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16 (D) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this section the Owner shall determine, on the basis of information available to it, the � amount, if any, due to the Contractor by reason of -= the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the contractor under this section, there shall be deducted (�a) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (b) any claim which the Owner may have against the Contractor in connection with this contract; and (c) the agreed price for, or the proceeds of sale of, any materials, supplies or other things kept by the Contractor or sold,� pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. ADJUSTMEN T: If the termination hereunder be partial, prior to the se�tlement of the terminated portion of this contract, the Contractor may file with the Engineer a zequest in writing for an C7-7 (12) � � �"" � 5. a. the fabricated or unfabricated parts, work in process, completed work, supplies and other material produced as a part of�, or acquired in connection with the performance of, the work terminated by the notice of termination; and the completed, or partially completed plans, drawings, information and other property which, if the contract had been�completed, would have been required to be furnished to the Owner. � �� .�-. �,� � � � �� .•� b. complete as shall notice of performance of such part of the work not have been texminated by the termination; and • 6, take.such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the prooerty related to. its contract which is in the possession of the Contractor and in which the Owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice ot � termination, the Contractor may submit to the Engineer a list, certified as to quantity and """ guality, of any or all items of termination „,� inventory not previously disposed of, exclusive of items the disposition of which has been directed or r► authorized by the Engineer. Not later than 15 days thereafter, the Owner shall accept title to such � items provided, tt�at the list submitted shall be F, subject to verification by the Engineer upon removal of the items or, if the items are stored, � within 45 days from the date of submission of the list, and any necessary adjustments to correct the '"� list as submitted, shall be made prior to final .,� settlement. � � � � Ir. � , � � � C. TERMINATION CLAIM: Within 60 days after notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. C7-7 (11) � � � ��« equitable adjustment of the price or price� '� specified in the contract relating to the continued « p ortion of the contract (the portion not terminated by the notice of termination), such equitable ^"� adjustment as may be agreed upon shall be made in '� such price or prices; nothing contained herein, however, shall limit the right of the Owner and the �., � Contractor to agree upon the amount or amounts to � be paid to the Contractor for the completion of the '�' continued portion of the contract when said contract does not contain an established contract '�" price for such continued portion. � H, NO LIMITATION OF RIGHTS: Nothing contai.ned in this � section shall limit or alter, th� rights which the �� Owner may have for termination of this contract under C7-7.14 hereof entitled "Susperision of ,.., Abandonment of the work and Amendment of Contrac�" or any other right which Owner may have f or default � or breach of contract by Contractor. � ~ C7-7,17 SAFETY METHODS AND PRACTICES: The Contractor shall be. � responsible for initiating, maintaining, and supervising all saf ety pr ecautions and programs in connection with the work at. '�" all times and shall assume all responsibilities for the�ir ,,�,, enforcement. ,,,,e The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and "'"' property f rom injury, including death, or damage in connec�ion ' with the work. ' � �-�_� ' � �� •• C7-7 (13) � � � before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, _� trademarks, copyrights, or other legal reservations, and for completeing the work in an acceptable manner according to the terms of•the Contract Documents. � The payment of any current or partial estimate prior to final, , acceptance of the work by the Owner shall in no way cons titute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the oblig ations of the Contractor to repair, correct, renew, or replace at his own a�d proper expense any defects or imperfections in the � construction or in the strength or quality of the material used or equipment or machinery furnished in or about the , construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which �- defects, imperfection, or damage shall have been discovered on or before the f inal inspection and acceptance of work or . during the one year guaranty period after final acceptance. The Ocaner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable t, to the Owner for failure to correct the same as provided J herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the lst and ' 5th day of each month the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the lOth day of the , month the Engineer shall verify such estimate, and if it is,. found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars ($100.00) in amount, 90$ of such estimated sum will be paid to " the Contractor if the total contract amount is less than $400,000, or 95$ of such estimated sum will be paid to the Contractor if the total contract amount is $400,000 or g reater within twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on f orms furnished by the City. The partial estimate may include d acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part ., thereof, but which at the the time of the estimate have not been installed. (such payment will. be allowed on a basis of � 85$ o� the net invoice value thereof.) The Contractor shall furnish the Engineer such information as he may request to aid C8-8 (2) � �., � � .a «� � i� .•,. � ,.., , � PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actuaJ. length, area, solid contents, numbers, and weights of•the materials and items installed. `W C8-8.2 UNTT PRICES: When in the Proposal a"Unit Price" is �,, set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials�, machinery, � equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to '"' the Engineer of all work to be done under these Contract , Documents. � � The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, `"" cleanup, finished, overhead expense, bond, insurance, patent � fees, royalties, risk due to the elements and other causes, d elays, profits, injuries, damages claims, taxes, and all ti� other items not specifically mentioned that may be required to f ully construct each item of the work coci►plete in place and in ""'� a satisfactory condition for operation. ,,.,, . C8-8.3 LUMP SUM: When in the Proposal a"Lump Sum" is set � forth, the said "Lump Sum" shall represent the total cost f or the Contractor to furnish all labor, tools, materials, "'" machinery, equipment, appurtenances, and all subsidary work � necessary f or the construction and completion of all the work to provide a complete and functional item as detailed in the - Special Contract Documents and/or Plans. "`' C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and ,�„ accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials., and incidentals ,�., for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the '""' nature of the work or from the action of the elements, for any ••_ unforeseen defects or obstructions which may arise or be encountered during the prosecution�of the work at any time � � C8-8 (1) �I � d The amount of the final estimate, less previous payments and any sum that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the Owner satisfactory evidence of payment as f ollows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of F ort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the last or final payment . � as aforesaid shall operate as and shall release the Own er f rom all claims or liabilities under the Contract for anything done or furnished or relating to the work under Contract Documents or any act or neglect of said City relating to or connected � with the Contract. The making of the final payment by the.Owner shall not.relieve the Contract�or of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 4 C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employe� competent Engineers and desig ners to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sutficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project, pxovided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions � and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show.that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. C8-8.10 GENERAL GUARANTY: Neither the final cer�.ificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any c3efects or damages in the w ork and C8-8 (4) . � � him as a guide in the verif ication or the preparation of partial estimates. .-� w,. It is understood that the partial esti.mate from month to month will be approximate only, and all partial monthly estimates � and paymen t will be subject to correction in the estimate � rendered fol].owing the discovery of an error in an.y previous estimate,and such estimate shall not, in any_respect, be taken ',�, as an admission of the Owner of the amount of work done or of j its quality of sufficiency, or as an acceptance of the work � done or 'the release of the Contractor of any of his res onsibilities under the Contract Documents. P .� ; The City reserves the right to withhold the paymeht of any monthly estimate if the contractor fails to perform the work � strictly in accordance with the specifications or prov�,sions � of this contract., ' �,,, C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the � construction operations is not in accordance with the requirements of the Contract Documents. � �.� � � �., � � r,g � �� Cg-8,7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notif y the Engineer in writing that the improvements'are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final�inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceQtance of the project and final payment therefor as outlined in C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior subject to payment. estimates upon which payment has been made are necessary corrections•or revisions in the final C8-8 (3) � � �" . `� pay for any damage to other work resulting the�refrom which shall.appear within a period of one year from the date of final acceptance of the work unless a longer period is specified andshall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general �, guaranty as above outline. The Owner will give notice of observe3 defects with reasonable promptness. C8-8.11.SUBSIDIARY WORK: Any and all work specifical].y ` governed by documentary requirements for t.he project, such as ,, conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be .cons�idered as a subsidiary item of work, the cost of which shall be -included in the price bid in the Proposal, �for �, each bid item. Surface restoration, rock excavation and cleanup are general items of work which fall. in ttie category � of subsidiary work. ' ` C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to es�tablish � unit prices for miscellaneous placement of material. These mat�rials shall be used only when directed by the Engineer, depending on field conditions.. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one-tenth unit. ^ Payment for miscell.aneous placement of material shall be in . accordance with the General Contract Documents regardless of the actual amount used for the project. C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at•the site, in good order and annotated to show all changes made during the construction process. These shall be delivered to Engineer upon completion of the work. . � � m C8-8 (5) � . � A E-+ � � a � � � .. .� � � .. � ..� �► �.. �►. ..� ..� � .� .. � � a . ITEM � I �'� � l�■.I � � �� I � L'�J I.�I �� I �J � � I�I PART D — SPECIAL PROVISIONS 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- l 7 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 TABLE OF CONTENTS Scope of Work Preparation of Right-of-Way . Working Days Increase or Decrease in Quantities Abandonment Standard Specifications for Construction Contract Documents Project Warranty Surveys Traffic Control Delays Disposal of Spoil / Fill Material Zoning Requirements OSHA Standards Samples and Quality Control Testing Property Access Construction Schedule Safety Restrictions, Work Near High Voltage Lines Right to Audit Addenda Wage Rates Existing Utilities Water for Construction Inspection Requirements Pre-Construction Conference Clean-up for final Acceptance Subsidiary Work Legal Relations and Responsibilities to the Public Easements and Permits Contractor's Responsibility For Damage Claims PAGE D-3 D-3 D-3 D-3-D-4 D-4 D-4 D-5 D-5 D-5 D-5 D-6 D-6 D-6 D-6 D-7 D-7 D-7 � D-7-D-8 D-8 D-9 D-9 D-9-D-10 D-10 D-10 D-10 D-10 D-10-D 11 D-11 D-11 D-11-D12 NON-PAY ITEMS Clearing and Grubbing Sprinkling for Dust Control Protection of Trees, Plants, and Soil Cutting of Concrete or Asphalt Temporary Erosion, Sediment, and Water Pollution Control Purging and Sterilization of Water Lines Dewatering Connection to Existing Mains D-12 D-12 D-12-D13 D-13 D-14 D-14-D15 D-15 D-15 D-1 u � � �� IIL�J � LJ � L�J � � �� 1 �r�� L! LJ PART D — SPECIAL PROVISIONS PAY ITEMS Utility Adjustments Project Designation Sign Remove Existing Concrete Curb and Gutter Remove Existing Concrete Valley Gutters, Concrete Driveways, Sidewalks, and Leadwalks Unclassified Excavation Topsoil Silicone Joint Sealing 2" to 9" H.M.A.C. Pavement � 8" Pavement Pulverization & Cement Stabilized Subgrade New 7" Concrete Valley Gutter New 4" Standard Wheel Chair Ramps Sanitary Manholes Removal, Salvage, and Abandonment of Existing Facilities Adjust Water Valve Boxes, Manholes, and Vaults Temporary Pavement Repair Television Inspection of Sanitary Sewer Lines Vacuum Testing of Sanitary Sewer Manholes � D-15-D-16 D-16 D-16 D-16-D-17 D-17 D-17 D-17-D21 D-21-D22 D-22 D-22-D23 D-D23-D24 D-24-D27 D-27-D29 D-29 D-29 D-29-D-33 D-32-D33 i� � L■J � � � LJ LJ �, � `J f�l �i lJ � PART D — SPECIAL PROVISIONS FOR: CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 1998 CAPITAL IMPROVEMENT PROGRAM PROJECT: RECONSTRUCTION OF MARGARET STREET WITH NEW ASPHALT PAVEMENT (EL CAMPO TO CALMONT) CONTRACT 11 PAVING IMPROVEMENTS PROJECT NO. C115-020115040553 D-1 SCOPE OF WORK: The work for this project consists of furnishing all materials, labor, equipment, tools, and incidentals necessary to construct the new 7" curb with 2' gutter, the 3" H.M.A.C. pavement on 8" cement stabilized pulverized base or 5" H.M.A.C. pavement on 6" lime stabilized base. All water and sewer adjustments and any other appurtenances in accordance with the plans and specifications. D-2 PREPARATION OF RIGHT-OF-WAY: All utilities and right-of-way easements are expected to be clear on this project within sixty�(60) working days of advertisement of this project. The work order for subject project will not be issued until all utilities and right-of-way easements are clear. The contractor shall not hold the City of Fort Worth responsible for delay in work order of this contract. D-3 WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working days. If the Contractor fails to complete the work within the number of working days specified, liquidated damages shall be charged, as outlined in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specifications for Gonstruction of the City of Fort Worth, Texas. D-4 INCREASE OR DECREASE IN QUANITITES: T'he quantities shown in the proposal are approximate. It is the Contractor's sole responsibility to verify all minor pay items quantities stated in the contract, whether stated by Owner or by Contractor, either party to the contract, shall be entitled to negotiate for revised consideration on the portion of work above 125% of the quantity stated in the contract. When the quantity of work to be done or material to be furnished under any major pay item of � -the contract is less than 75% of the quantity stated in the contract, whether stated by Owner or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for � revised consideration on the portion of the work below 75% of the quantity stated in the contract. The paragraph shall not apply in the event the Owner deletes a pay item in its entirety from this contract. � �� LsJ A major pay item is defined as any bid item included in the proposal that has a total cost equal to or greater than 5 percent of the ori,ginal contract. D-3 '� � � � �i L�3 �J � O � I�� PART D — SPECIAL PROVISIONS A minor pay item is defined as any individual bid item included in the proposal that has a total cost less than 5 percent of the original contract. In the event the Owner and Contractor are unable to agree on a negotiated price, Owner and Contractor agree that the consideration will be the actual field cost of the work plus 15% as described herein below, agreed upon in writing by the Contractor and the Department of Engineering and approved by the City Council after said work is completed, subject to all other conditions of the contract. As used herein, field cost of work will include the cost of all workmen, foremen, time keepers, mechanics and laborers; all materials, supplies, trucks, equipment rental for such time as actually used on such work only, plus all power, fuel, lubricants, water and similar operating expenses: and a ratable portion of premiums on performance and payment bonds, public liability, Workers Compensation and all other insurance required by law or ordinance. The Director of the Department of Engineering will direct the form in which the accounts of actual field cost will be kept and will recommend in writing the method of doing the work and type and kind of equipment to be used, but such work will be performed by the Contractor as an independent Contractor and not as an agent or employee of the City. The 15% of the actual field cost to be paid ta the Contractor shall cover and compensate him for profit, overhead, general supervision and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein specified. Upon request, the Contractor shall provide the Director of the Department of Engineering access to all accounts, bills, and vouchers relating thereto. D-5 ABANDONMENT: The City reserves the right to abandon, without obligation to the Contractor, any part of the project, or the entire project, at any time before the Contractor begins any construction work authorized by the City, in which case the contract becomes void. D-6 STANDARD SPECIFICATIONS FOR CONSTRUCTION: � This contract and project are governed by the two following published specifications, except as modified by these Special Conditions: �� _J L!J � � I�J STANDARD SPECIFICATIONS FOR STREET & STORM DRAIN CONSTRUCTION- CIYT OF FORT WORTH, TRANSPORTATION AND PUBLIC WORKS DEPARTMENT STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION- NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS A copy of either of these specifcations may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street, 2°d floor, Municipal Building, Fort Worth, Texas 76102. The specification applicable to each particular item are indicated in the call-out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. D-4 � L�, �I�! '�'J � � �J � O (� f�� a � � � u PART D — SPECIAL PROVISIONS D-7 CONTRACT DOCUMENTS: Bidders shall not separate, detach, or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as"non-responsive" and rejecting bids or voiding contract as appropriate and as determined by the City Engineer. D-8 PROJECT WARRANTY: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship for a period of one (1) year from date of final acceptance of this project by the City Council of the City of Fort Worth. The Contractor will be required to replace at his expense �any part or all of the project which becomes defective due to these causes. D-9 SURVEYS: Constructions stakes will be set by the City is accordance with the provision of Item 5.8 of the General Provision contained in the Standard Specifications for Construction. The Contractor will be held responsible for the preservation of all stakes and marks. If iri .the opinion of the Director of Transportation and Public Works that any stakes or marks have been purposefully or willfully destroyed by the Contractor, any re-staking or remarking shall be charged against him and deducted from the payment of work. D-10 TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701 d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30, 31. The Contractor shall execute this work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Barricades, warning and detour signs shall conform to the Standard Specifications for street and storm drain construction, "Barriers and Warning and/or Detour Signs", Item 524, and/or as directed by Engineer. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by this City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number (817) 870-8075) to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. D-5 !•l � � � �� L�J � � L*J L■�J � L� PART D — SPECIAL PROVISIONS D-11 DELAYS: The contractor shall receive no compensation for delays to the work, except when direct and unavoidable extra cost is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. D-12 DISPOSAL OF SPOIL/FILL MATERIAL Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of Transportation and Public Works, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator''), of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the contractor's expense. In the event that the contractor disposes of spoil/fill material at a site without a fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of Transportation and Public Works, contractor shall remove the spoil/fill material at its expense and dispose of such material in accordance with the Ordinances of the City and this section. D-13 ZONING REOUIREMENTS: � During the construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purpose. !�l � [�J �'�1 � D-14 OSHA STANDARDS : All work performed under this contract shall meet the requirements of the Occupational Safety and Health Administration (OSHA). It is the responsibility of the Contractor to become familiar with the provisions of the regulations published by the OSHA in the Federal Register and to perform all the responsibilities thereunder. It is the Contractor's responsibility to see that the project is constructed in accordance with OSHA regulations and to indemnify and save harmless the City from any penalties resulting from the Contractor's failure to so perform. D-6 il� �� ,-� I�I � I�� L� Q�� L1 [■J [�J � PART D — SPECIAL PROVISIONS D-15 SAMPLES AND OUALITY CONTROL TESTING: A. The Contractor shall furnish, at his own expense, certifications by a private laboratory or all materials proposed to be used on the project, including a mix design for any asphalt 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 items to be used in the project and will bear any expense related thereto. B. Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine (9) 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 material on this project will be performed by the City at its own expense. Any re-testing 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 tests of materials shall in no way relieve the Contractor of his responsibility to furnish materials and equipment conforming to the requirements of the contract. D. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench 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 ticket shall specify the name of the pit supplying the fill material. D-16 PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. D-17 CONSTRUCTION SCHEDULE: It shall be the responsibility of the contractor to furnish the City prior to construction a schedule outlining the anticipated time each phase of construction will begin and be completed, including sufficient time being allowed for clean-up. D-18 SAFETY RESTRICTIONS — WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: A. A warning sign not less than five inches by seven inches (5"x7"), painted yellow with black letters that are legible at twelve (12) feet, shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pole drivers, hoisting equipment, or similar apparatus. The warning sign shall read as follows: "WARNING — UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX (6) FEET OF HIGH VOLTAGE LINES." i� O � � � L� t�'1 � PART D — SPECIAL PROVISIONS B. Equipment that may be operated within ten (10) feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections. C. When necessary to work within six (6) feet of high voltage electric lines, notification shall be given to the power company (Texas Electric Service Company) who will erect temporary mechanical barriers, de-energize the line, or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to Texas Electric Service Company, and shall record action taken in each case. D. The Contractor is required to make arrangements with the Texas Electric Service Company for the temporary relocation or raising of high voltage line at the Contractor's sole cost and expense. , E. No person shall work within six (6) feet of high voltage line without protection having �� been taken as outlined in Paragraph C. � � ��J L�' � � � � � � D-19 RIGHT TO AUDIT: � RIGHT TO AUDIT: Part C- General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following : "C-8-8.14 RIGHT TO AUDIT: (a) The Contractor agrees that the City shall, until the expiration of three {3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section: The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) yeazs after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection 0 hereof. The City shall give subcontractor reasonable advance notice of intended audits. � Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse contractor for the cost of the 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 D-8 � L�l C � l�J � � �� L�J � � ��J � L�J PART D — SPECIAL PROVISIONS D-20 ADDENDA: Bidders wanting further information, interpretation or clarification of the contract documents must make their request in writing to the Fort Worth Department of Transportation and Public Works, at least 96 hours prior to bid opening. Answers to all such requests will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from, the Contract Documents, or should the bidder be in doubt as to their meaning, the bidder should at once notify the Fort Worth Department of Transportation and Public works, in order that a written addendum may be sent to all bidders. Any addenda issued will be mailed or be delivered to each prospective bidder. The bid proposal as submitted by the bidder must be so constructed as to include any addenda issued by the Fort Worth Deparhnent of Engineering Services, prior to 24 hours of the opening of bids with appropriate recognition of addenda so noted in the bid proposal. � D-21 WAGE RATES : The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Documents. In no event shall less that the following rates be paid. (see attached wage rates) When two or more wage rate scales are shown and wage rates shown in specific classifications are in conflict, the higher wage will be used. D-22 EXISTING 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 all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever, The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property crossed or exposed by his construction operations. Contractor shall make all necessary provisions for the support, protection, relocation, and or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage pipes, and all other utilities and structures both above and below ground during construction. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and or temporary relocation of such facilities shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. Where existing utilities or service lines are cut, broken or damaged, the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the owners of all utilities to locate existing underground facilities and notify the Engineer at once of any conflicts in grades and alignment. D-9 � � � IJ (� � PART D — SPECIAL PROVISIONS 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-23 WATER FOR CONSTRUCTION: Water for consttuction will be furnished by the Contractor at his own expense. D-24 INSPECTION REOUIREMENTS: Inspection of the proposed construction will be provided by the City of Fort Worth Departinent of Transportation & Public Works. D-25 PRE-CONSTRUCTION CONFERENCE: � The successful Contractor, Engineer, and representative of the Owner shall meet at the call of the Owner for a pre-construction conference before any of the work begins on this project. At � this time, details of sequencing of the work, traffic control, contact individuals for each party, request for survey, and pay request will be covered. Prior to the pre-construction conference, the Contractor shall prepare schedules showing the sequencing and progress of their work and the � effect of the work on others and the proposed traffic control plan. Please note Section D-17 above. The contractor's proposed schedule will be discussed during the pre-construction conference. Following the pre-construction conference the Contractor will revise the schedule, � if necessary, and provide the Owner with a final composite schedule reflecting the comments made during the pre-construction conference and setting forth an orderly sequence of project . construction. The final composite schedule shall be provided to the Owner within three (3) !� L7 [�J � L+�J l� C�J �,�� I�J working days following the pre-construction conference. During the pre-construction conference, the Owner will issue the Work Order which will establish the Effective Date of the Project's work to begin. D-26 CLEAN-UP FOR FINAL ACCEPTANCE: The Contractor shall make a final clean-up of all parts of the work before acceptance by the owner or his representative. This clean-up shall include: removal of all objectionable rocks, pieces of asphalt or concrete and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. Final acceptance of the completed project work shall be given by the City of Fort Worth Transportation and Public Works Department. Final Cleanup work shall be done for this project as soon as paving and curb and gutter has been constructed. No more than seven (7) days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. D-27 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in D-10 � L�J � `� � _J PART D — SPECIAL PROVISIONS tha Proposal for each bid item. Surface restoration and cleanup are general items of work which fall in the category of subsidiary work. D-28 LEGAL RELATION AND RESP�NSIBILITIES TO THE PUBLIC The Contractor's particulax attention is directed to the requirements of Item 7"Legal Relations and Responsibilities to the Public" of the Standard Specifications. D-29 EASEMENTS AND PERMITS: � The performance of this contract requires certain temporary construction, right-of-entry agreements, and/or permits to perform work on private property. L'� � � L�!J I�1 I� L! 1� � � �� Itl The City has attempted to obtain the temporary construction and/or right-of-entry agreements for properties where construction activity is necessary on City owned facilities, such an sewer lines or manholes. For locations where the City was unable to obtain the easement or right-of-entry, it shall be the Contractor's responsibility to obtain the agreement prior to beginning work on subject property. This shall be subsidiary to the contract. The agreements which the City has obtained are available to the Contractor for review by contacting the plans desk at the Deparhnent of Engineering, City of Fort Worth. Also, it shall be the responsibility of the Contractor to obtain written permission from property owners to perform such work as cleanout repair and sewer service replacement on private property. Contractor shall adhere to all requirements of Paragraph C6-6.10 of the General Contract Documents. The Contractor's attention is directed to the agreement terms along with any special conditions that may have been imposed on these agreements, by the property owners. The easements and/or private property shall be cleaned up after use and restored to its original condition or better. In event additional work room is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment will be allowed for this item. The City has obtained the necessary documentation for railroad and/or highway permits required for construction of this project. The Contractor shall be responsible for complying with all provisions of such permits and shall pay any and all costs associated with the permit(s). It is the Contractor's responsibility to provide the required flagmen and/or provide payment to the appropriate railroad/agency for all flagmen during construction in railroad/agency right-of-way. Any and all costs associated with compliance with permit(s) including payment for flagmen shall be subsidiary to the project price. No additional payment will be allowed for this item. D-30 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE 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 claims or suits for property loss, property damage, personal injury, including death, arising out of , or alleged to arise out of, the work and services to be performed hereunder by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such iniurv, damage or death is caused, in whole or in D-11 � �� ) J l'�J � PART D — SPECIAL PROVISIONS nart, bv the ne�li�ence or alleeed ne�li�ence of Owner, its officers, servants, or emnlovees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not anv such iniury or dama�e is caused in whole or in part bv the ne�li�ence or alle�ed ne�li�ence of Owner, its officers, servants or emnlovees. In the event the Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled andlor a release from the claimant. involved, or (b) provides Owner with a letter for 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. � � Li � I� � I, J� u �J � �;9 � NON PAY ITEM - CLEARING AND GRUBBING: All objectionable matter required to be moved within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102, "Clearing and Grubbing" and shall be subsidiary to other items of the contract. NON PAY ITEM — SPRINKLING FOR DUST CONTROL All applicable provisions of Standard Specifications Item 200, "Sprinkling for Dust Control" shall apply. However, no direct payment will be made for this item and it shall be considered incidental to this contract. NON PAY ITEM - PROTECTION OF TREES, PLANTS, AND SOIL : All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc., shall be preserved or restored, after completion of the work, to a condition equal to or better than existed prior to the start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal, or root pruning) can be done on trees or shrubs growing on public property including street Right-of-Ways and designated alleys. This permit can be obtained by calling the Forestry Office at (817) 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. D-12 � �� l�� L�J � � � � � � � L�! (� PART D — SPECIAL PROVISIONS No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary cost of the project. NON PAY ITEM — CUTTING OF CONCRETE OR ASPHALT PAVING All applicable provisions of Standard Specifications Item 520, shall apply. When driveways, curb and gutter, walk or concrete or asphalt base are cut, such cuts shall be make with a concrete saw. The contractor will break out walks, curb and gutter or pavement to the nearest joint, or as directed by the Engineer. NON PAY ITEM - TEMPORARY EROSION, SEDIMENT. AND WATER POLLUTION CONTROL : 1. DESCRIPTION: This item shall consist of temporary soil erosion, sediment, and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer, and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains, and other devices. � 2. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds, or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains, and use of temporary mulches, mats seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollurion-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 aand 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 aunrealistic, temporary soil-erosion-control measures shall be performed as directed by the Engineer. The amount of surface area of erodible-earth material exposed at one time shall not � exceed 750,000 square feet for each excavation operation, 750,000 square feet for each material source operation (other than from commercially operated sources), 750,000 square feet for each preparing of right-of-way operation or 750,000 square feet for each clearing and grubbing � operation, unless otherwise shown on the plans or with prior approval by the Engineer in writing. [� � D-13 � IEJ � � � � LJ LJ l�l L;, PART D — SPECIAL PROVISIONS The CONTRACTOR shall also conform to the following practices and controls. All labor, tools, equipment, and incidentals to complete the work will not be paid for directly, but shall be considered as subsidiary work to the various items included in the contract. (a). Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. (b). Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. (c). When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. . (d). All waterways shall be cleared as soon as practicable of false-work, piling, debris, or other obstructions placed during construction operations that are not a part of the finished work. (e). The CONTRACTOR shall take sufficient precautions to prevent pollution of streams, lakes, and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes, and reservoirs and to avoid interference with movement of migratory fish. 3. SUBMITTAL: Prior to the start of the applicable construction, the CONTRACTOR shall � submit for approval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible-earth material to a minimum. He shall also submit for acceptance his proposed method of soil-erosion control on construction and haul roads and material sources � and his plan for disposal of waste materials. No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. L�J � L•� lJ � ►'�J � 4. MEASUREMENT AND PAYMENT: All work materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract, and no extra pay will be given for this work. NON PAY ITEM - PURGING AND STERILIZATION OF WATER LINES : Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein. The City will furnish all water for INITIAL cleaning and sterilization of water lines. All other materials for construction of the project, including appropriately sized "pipe cleaning pigs" and chlorinated lime (HTH) shall be furnished by the Contractor. Chlorinated line (HTH) shall be used in sufficient quantities to provide a chlorine residual of fifty (50) PPM. The residual of free chlorine shall be measured after 24 hours and shall not be less than 10 parts per million of free chlorine. Chlorinated water shall be disposed of in the sanitary sewer system. Should a sanitary sewer not be available, chlorinated water shall be "de-chlorinated" prior to disposal. The line may not be placed in service until two successive sets of samples, taken 24 hours apart, have met the established standards of purity. D-14 � � L! �� ,� !�J � � � L��i Li � PART D — SPECIAL PROVISIONS Purging and sterilization of the water lines shall be considered as incidental to the project and all costs incurred will be considered to be included in the linear foot bid price of the pipe. NON PAY ITEM - DEWATERING : The Contractor shall be responsible for determining the method of DEWATERING operation for the water or sewage flows from the existing mains and ground water. The Contractor 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 E�igineer.. Ground water shall not be discharged into sanitary sewers. DEWATERING shall be considered as incidental to a construction and all costs incurred will be considered to be included in the linear foot bid price of the pipe. NON PAY ITEM - CONNECTION TO EXISTING MAINS: . The Contractor shall determine the exact location, elevation, configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. Any differences in locations, elevation, configuration, and/or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction. Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the Engineer, and all efforts shall be made to keep this down time to a minimum. In case of shutting down an existing main, the Contractor shall notify Construction Services, Phone (817) 871-7813, 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 connection. � Unless bid separately, all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. � � � `�I � LJ PRE-BID PAY ITEM — UTILITY ADJU5TMENTS Standard Specifications Item 450 shall apply. This item is included for the basic purpose of establishing a contract price which will be comparable to the final cost of making necessary adjustments required due to street improvements to water, sanitary sewer, sprinkler systems, sprinkler heads and natural gas service lines and appurtenances where such service lines and appurtenances are the property owner's responsibility to maintain. An arbitrary figure has been placed in the Proposal; however, this does not guarantee any payment for utility adjustment, neither does it confine utility adjushnents the amount shown in the Proposal. It shall be the Contractor's responsibility to provide the service of a plumber to make utility adjustments determined necessary by the Engineer. No payment will be made for utility adjustments except those adjustments determined necessary by the Engineer. D-15 � I �J E�, �� 1 L�J I��; � �� L�, L7 L■J L�� PART D — SPECIAL PROVISIONS Should the Contractor damage service lines due to his negligence, where such lines would have required adjustrnent or repair otherwise, the lines shall be repaired and adjusted by the Contractor at the Contractor's expense. The payment to the Contractor for utility adjustments shall be the actual cost of adjustments plus ten (10) percent to cover the cost of bond and overhead incurred by the Contractor in handling the utility adjustments. PAY ITEM — PROJECT DESIGNATION SIGN The Contractor shall construct and install 2(two) Project Designation Sign and it shall be the responsibility of the Contractor to maintain the signs in a presentable condition at all times on each project under construction. Maintenance will be include painting and repairs as directed by the Engineer. It shall be the responsibility of the Contractor to have the individual project sign lettered and painted in accordance with the enclosed detail. The quality of the paint, painting, lettering on the sign shall be approved by the Engineer. The height and arrangements of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/" fir plywood, grade A-C (exterior) or better. The sign shall be installed on barricades or as directed by the Engineer, and in place at the project site upon commencement of construction. The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support, and maintenance shall be to the satisfaction of the Engineer. PAY ITEM — REMOVE EXISTING CONCRETE CURB AND GUTTER Standard Specification Item 104 shall apply. This item includes the removal of existing concrete curb and gutter including laydown curb and cutter sections through driveways, as indicated on the plans. The measurement of payment for curb an gutter through a driveway shall be considered to a line 1'-3" behind the face of curb. beyond this line, concrete removed shall be measured and paid for as concrete dive removal. Curb on existing concrete pavement will be removed with concrete paving without special pay. The edge of all removed areas abutting existing concrete areas to remain shall be saw cut. PAY ITEM — REMOVE EXISTING CONCRETE VALLEY GUTTERS. CONCRETE DRIVEWAYS. SIDEWALKS. AND LEAD WALKS Standard Specification Item 100 and 104 shall apply. This item shall consist of removing concrete valleys, curb and gutter (to normal gutterline) and shall be paid at the edge of valley for the street curb radius areas whether the curb and gutter is built with the valley or separately. � Driveways shall be removed to the limits as shown on the plans exercising special care to avoid damage to that portion of concrete to remain in place. The edge of removal areas abutting existing concrete areas to remain shall be saw cut. � LJ D-16 � ri-� � I�; PART D — SPECIAL PROVISIONS The price bid per square yard shall be full compensation for breaking up, loading, hauling, and satisfactory disposing of the material in an approved location including all labor, tools, machinery and incidentals necessary to complete the work. PAY ITEM — UNCLASSIFIED EXCAVATION � See Standard Specification Item No. 106, "Unclassified Street Excavation", for specifications governing this item. �J � � � L;l �•' � LtJ � � CJ � � `� �IL�J All objectionable material found within'the limits of excavation shall be removed from the job site and disposed of in a manner satisfactory to the Engineer. Removal of such shall be subsidiary to this item unless otherwise provided herein. Operations necessary to windrow existing gravel base in order to lower or raise subgrade shall be considered as subsidiary to this item and no additional �ompensation shall be given such. The intention of the owner is to pay only the plan quantity without measurement. Should either contracting party be able to show enor in the quantities exceeding ten (10) p,ercent, then actual quantities will be paid for at the unit prices bid. The party requesting the payment of actual rater than plan quantities is responsible for bearing any survey and/or measurement cast necessary to verify the actual quantities. Proposed cross sections are available upon request. PAY ITEM — TOPSOIL The proposal quantities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) over the parkway area and do not include material deeper than design behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site. Payment will be made on the basis of loose truck volume (full txuck with sideboards up) tickets and material must meet City of Fort Worth Standards for topsoil. Only the volume imported will be paid for and may be substantially less than the proposed quantities listed. PAY ITEM — SILICON JOINT SEALING CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIFICATION FOR SILICONE JOINT SEALING (Revision 1, October 18, 1989) (Revision 2, May 12, 1994) SCOPE This specification for silicone joint sealing Portland Cement Concrete pavement and curbs shall supersede Item 314.2 (11) "Joint Sealing Materials" of STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION — CITY OF FORT WORTH, and Item 2.2.10 "Joint Sealing" of STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION-NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS. DESCRIPTION This specification for silicone joint sealing shall apply to, but shall not be limited to, all Portland Cement Concrete street pavement and curbs. D-17 � IEl � l� � L�1 t� 3. MATERIALS PART D — SPECIAL PROVISIONS The silicone joint sealant shall meet Federal Specifications TT-S-001543A for Class A sealants except as modified by the test requirements for the Class I, Class II, and Class III silicone joint sealant of this specification. Before the installation of the joint sealants, the Contractor shall furnish the Engineer certification by an independent testing laboratory that the silicone joint sealant meet these requirements. The manufacturer of the silicones joint sealant shall have a minimum two-year demonstrated, documented successful filed performance with Portland Cement Concrete pavement silicone joint sealant systems. Verifiable documentation shall be submitted to the Engineer. Acetic acid cure sealants shall not be accepted. The silicone sealant shall be cold applied. Self-Leveling Silicone Joint Sealant � The Joint sealant shall be Dow Corning 890-SL self-leveling silicone joint sealant for asphalt as manufactured by Dow Corning Corporation, Midland, MI 48686-0994, or an approved equal. � Self-Leveling Silicone Joint Sealant for Asphalt Test Method Test Requirement � � � � L!; � � I� � � AS SUPPLIED MIL-S-8802 Extrusion Rate, gams/minute 275 to 550 ASTM D 1475 Specific Gravity1.260 to 1.340 AS CURED-AFTER 21 DAYS AT 25C (77F) AND 50% RH ASTM D 412, Die C Mod. Elongation, % min.1400 ASTM D 3583 Modulus @ 150% Elongation, psi max.9 (Sect 14 Mod.) ASTM C 719 Movement 10 cycles @+ 100/-50% No Failure ASTM D 3583 Adhesion to Concrete, % Elongation (Sect. 14 Mod.) min. 600 The joint filler stop shall be a closed cell expanded polyethylene foam backer rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. The back rod and breaker tape shall be installed in the saw-cut joint to prevent the joint sealant from flowing to the bottom of the joint. The breaker tape shall be compatible with the silicone joint sealant and no bond or reaction shall occur between them. Reference is made to the "Construction Detail" sheet for the various joint details with their respective dimensions. TIME OF APPLICATION On newly constructed Portland Cement Concrete pavement, the joints spacing as shown on the "Construction Detail" sheet or as directed by the Engineer within 12 hours of the pavement placement. (Note that for the "dummy" joints, the initial % inch width "green" saw-cut and the "reservoir" saw-cut are identical and should be part of the same saw-cutting operation. a D_�8 �� L!J u � � � PART D — SPECIAL PROVISIONS Immediately a$er the saw cutting, pressure water washing shall be applied to fresh the concrete slurry from the freshly saw cut joints). The pavement shall be allowed to cure for a minimum of seven (7) days. Then the saw-cuts for the joint sealant reservoir shall be made, the joint cleaned, and the joint sealant installed. During the application of the joint sealant, the weather shall not be inclement and the temperature shall be 40F (4C) and rising. EOUIPMENT All necessary equipment shall be furnished by the Contractor. The Contractor shall keep his equipment in a satisfactory working condition and shall be inspected by the Engineer prior to the beginning of the work. The minimum requirements for construction equipment shall be as follows. . Concrete Saw: The sawing equipment shall be adequate in size and power to complete the joint sealing to the required dimensions. High Pressure Water Pump: The high pressure cold water mounting system shall be capable of delivering a sufficient pressure and vile of water to thoroughly flush the concrete slurry from the saw-cut joint. � Air Compressors: The delivered compressed air shall have a pressure in excess of 90 psi� and 120 cfin. There shall be suitable traps for the removal of all free water and oil from the compressed air. The blow-tube shall fit into the saw-cut joint. � � � � L�J � � Extrusion Pump: The output shall be capable of supplying a sufficient volume of sealant to the joint. Injection tool: This mechanical device shall apply the sealant uniformly into the joint. Sandblaster: The design shall be for commercial use with air compressors as specified in Paragraph 5.4. Backer Rod Roller and Tooling Instrument: These devices shall be clean and free of contamination. They shall be compatible with the joint depth and width requirements. CONSTRUCTION METHODS • General: The joint reservoir saw-cutting, cleaning, bond beaker installation, and joint sealant placement shall be performed in a continuous sequence of operations. Sawing Joints: the joints shall be saw-cut to the width and depth as shown on the "Construction Detail" sheet. The faces of the joints shall be uniform in width and depth along the full length of the joint. � Cleaning Joints: immediately after sawing, the resulting concrete slurry shall be completely removed from the joint and adjacent area by flushing with high pressure water. The water flushing shall be done in one-direction to prevent joint contamination. � � D-19 � � �� i� t�� l�'J � tJ � l�, PART D — SPECIAL PROVISIONS When the Contractor elects to saw the joint by the dry method, flushing the joint with high pressure water may be deleted. The dust resulting from the sawing shall be removed from the joint by using compressed air. (Paragraph Rev. 1, October 18, 1989) After complete drying, the joints shall be sandblasted. The nozzle shall be attached to a mechanical aiming device so that the sandblast will be directed at an angle of 45 degrees and at a distance of one to two inches from the face of the joint. Both joint faces shall be sandblasted in separate, one directional passes. Upon the termination of the sandblasting, the joints shall be blown out using compressed air. The blow tube shall fit into the joints. The blown joint shall be checked for residual dust or other contamination. If any dust or contamination is found, the sandblasting and blowing shall be repeated until the joint is cleaned. Solvent will not be permitted to remove stains and contaminarions. Immediately upon cleaning, the bond break and sealant shall be placed in the joint. Open, cleaned joints shall not be left unsealed overnight. Bond Breaker Rod and Tape: the bond breaker rod and tape shall be installed in the cleaned joint prior to the application of the joint sealant in a manner that will produce the required dimensions. Joint Sealants: Upon placement of the bond breaker round and tape, the joint sealant shall be � applied using the mechanical injection tool. The joint sealant application of the joint in a manner that will produce the required dimensions. . � '� ��i I �J � Unsatisfactorily sealed joints shall be refilled. Excess sealant left on the pavement surface shall be removed and discarded and shall not be used to seal the joints. The pavement surface sha11 present a clean final condition. Traffic shall not be allowed on the fresh sealant until it becomes tack-free. Approval of Joints: A representative of the sealant manufacturer shall be present at the job site at the beginning of the final cleaning and sealing of the joints. He shall demonstrate to the Contractor and the Engineer the acceptable method for sealant installation. The manufacturer's representative shall approve the clean, dry joints before the sealing operation commences. WARRANTY The Contractor shall provide the Engineer a manufacturer's written guarantee on all joint sealing materials. The manufacturer shall agree to provide any replacement material free of charge to the City. Also, the Contractor shall provide the Engineer a written warranty on all sealed joints. The � Contractor shall agree to replace any failed joints at no cost to the City. Both warranties shall be for one year after final acceptance of the completed work by the Engineer. � D-20 � � L'�J �� L•] f�� I� L�! � L�� L�J� f� � � I�J � �! L�J PART D — SPECIAL PROVISIONS BASIS OF PAYMENT Payment will be made at the Contract bid item unit price bid per linear foot (L.F.) as provided in "MEASUREMENT" for "SILICONE JOINT SEALING:, which price shall be full compensation for furnishing all materials and for all preparation, delivery, and application of those sealing materials and for all labor, equipment, tools and incidentals necessary to complete the silicone joint sealing in conformity with the plans and these specifications. PAY ITEM — 2" TO 9" H.M.A.C. PAVEMENT These items will include the furnishing and placing of H.M.A.C. surface course as directed by the Engineer. For Specifications governing Type "D" H.M.A.C., see the 1982 Texas State Department of Highways and Public Transportation, Spec. Item No. 340 "Hot Mix Asphaltic Concrete Pavement". H.M.A.C. is also covered under Spec. Item No. 312 in the Standard Specifications for Construction, City of Fort Worth. Subsidiary to the H.M.A.C. pavement shall be sawing, removal of asphaltic material, gravel and excavation as shown on the details or as directed by the Engineer. The removed surfacing shall be loaded into trucks upon removal and hauled away from the job site as directed by the Engineer. In no case shall the removed surface be stockpiled on the job site. 1. Place safety signs, barricades and/or other warning devices where necessary and as required. The following work method will be performed on each utility cut: 2. The existing asphalt pavement shall be saw cut into a square or rectangular shape and cut side faces vertically. The sawed asphalt pavement shall be a minimum of 1' outside the utility cut area. 3. Apply liquid asphalt tack to vertical faces and bottom of excavated area in a uniform manner. Do not puddle tack coat on bottom of utility cut area. Do not apply tack coat to washed rock. 4. Place H.M.A.C. surface mix in lifts not to exceed three (3) inches. Last or top lift shall not be less than two (2) inches in thickness. 5. Each lift shall be thoroughly compacted with a plate compactor or portable vibratory roller. Fifteen to twenty passes will be necessary with a vibratory roller and mix temperature above 250 F(121 C) to ensure a good compaction. Top lift when compacted shall be approximately 1/8 inch above surrounding pavement. 6. Apply liquid asphalt around edges of patch along cold joints. 7. Clean up surrounding area. Do not leave excess fill or excavated material on the pavement. 8. Remove safety signs, barricade and/or warning devices after job is complete. D-21 � r.� u � PART D — SPECIAL PROVISIONS Payment shall be made at the unit price per S.Y. as shown on the proposal and shall be full compensation for furnishing all labor, materials, equipment tools and incidentals necessary to complete the work. PAY ITEM — 8" PAVEMENT PULVERIZATION & CEMENT STABILIZED � SUBGRADE Contractor shall pulverize the existing pavement to a depth of 8". After pulverization is completed, contractor shall temporary remove and store the 8" deep pulverized material, then cut the base a � minimum of 3" to provide place for the new �3" H.M.A.C. surface. The 3" base cut shall start at a l�J � depth of 8" from the existing pulverized surface. After the undercut operation is completed, contractor sha11 spread, mix, and compact the pulverized material to a 95% compaction per City's Standard Specifications or as directed by the Engineer in the field. A 5% portland cement shall be used to mix the pulverized material. The unit price bid per square yard sha11 be full compensation for all labor, rnaterial, equipment, � tools, and incidentals necessary to pulverize, remove and store the pulverized material, undercut the base, mixing, compaction, haul off, sweep, and dispose of the undercut material. � � tJ � � � � � L`J �i `� At the direction of the Engineer, the Contractor shall stabilize the subgrade or base material with Portland Cement in conformance with Specification Item 214, Portland Cement Treatment, in the Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth, Texas Transportation and Public Works Department. Unless directed otherwise by the Engineer, Cement shall be applied at a minimum rate of five pounds (5#) per square yard per inch of depth. The 3" H.M.A.C. surface will be paid by separate item. PAY ITEM - NEW 7" CONCRETE VALLEY GUTTER: This item shall include the construction of concrete valley gutters at various locations as shown on plans. Removal of existing, asphalt pavement, concrete base, curb and gutter, and necessary excavation to install the concrete valley gutters a11 shall be subsidiary to� this pay item. Furnishing and placing of 2:27 concrete base and crushed limestone to a depth as directed by the Engineer and necessary asphalt transitions as shown in the concrete valley gutter details shall be subsidiary to this Pay Item. See standard specification Item No. 314", Concrete Pavement", Item 312 "Hot-Mix Asphaltic Concrete", Item No. 104, "Removing Old Concrete", Item No. 106, "Unclassified Street D-22 � � �� PART D — SPECIAL PROVISIONS Excavation" Item No. 208 "Flexible Base." Measurement for final quantities of valley gutter will be by the square yard of concrete pavement and the curb and gutter section will be included. Contractor may substitute 5" non-reinforced (2:27) Concrete Base in lieu of Crushed Stone at no additional cost. See Item 314" Concrete Pavement". The concrete shall be designed to achieve a minimum compressive strength of 3000 pounds per � square inch. Contractor shall work on one-half of Va11ey gutter at a time, and the other half shall be open to traffic. Work shall be completed on each half within seven (7) calendaz days. �� If the Contractor fails to complete the work on each half within seven (7) calendar days, a$100 dollars liquidated damage will be assessed per each half of valley gutter per day. The unit price bid per square yard for Concrete Valley as shown on the proposal will be full � compensation for materials, labor, equipment, tools and incidentals necessary to complete the work. Ei� [� LJ L�J f,�' � � L�J � PAY ITEM - NEW 4" STANDARD WHEELCHAIR RAMP: The Contractor shall construct standard concrete wheelchair ramps as shown on the enclosed details, or as directed by the Engineer. The removal of existing substandard wheelchair ramps and sidewalk as required for the installation of new wheelchair ramps shall be subsidiary to this pay item. The removal and replacement of existing curb and gutter as required for the installation of new wheelchair ramps shall be included in (Removal and Replacement of Curb and Gutter). Pay limits for laydown curb and gutter are as shown in the Standard Pay Limit Detail (WR-1). The pay limit will extend from 9" outside the lip of gutter to 15" back from the face of curb. Any asphalt tie-in shall be subsidiary to the curb and gutter pay item. Pay limits for "Standard Wheelchair Ramp" will start 15" back from the face of curb and encompass the remainder of the ramp and sidewalk. All applicable provision of standard Specifications Item 104 "Removing Old Concrete" and Item 504 "Concrete Sidewalk Driveways" shall apply except as herein modified. All concrete flared surface shall be colored with LITHOCHROME color hardener as manufactured by L.M. Scofield Company or equal. The color hardener shall be brick red color and dry-shake � type, and shall be used in accordance with manufactures instructions. Concrete stain may be applied after concrete is poured (Product sold by BAER). � D D-23 L�J � L�J L�J � L■J � `�, � PART D — SPECIAL PROVISIONS "Contractor shall provide a colored sample concrete panel of one foot by one foot by three inches dimension, or other dimension approved by the Engineer, meeting the aforementioned specification. The sample, upon approval by the Engineer, shall be the acceptable standard to be applied for all construction covered in the scope of this pay item. The method of application shall be by screen, sifter, sieve or other means in order to provide for a uniform color distribution." The unit price bid for each 4" standard wheelchair ramp as shown on the proposal will be full compensation for materials, labor, equipment, tools and incidentals necessary to compete the work. PAY ITEM — SANITARY MANHOLES The installation, replacement, and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with Sections E1-14 Materials for Sanitary Sewer Manholes, Valve Vaults, Etc., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. � 1. Concrete Collars: Concrete collars when indicated on the plans will be required as per ;"j Fig. 121. �3 2. Watertight Manhole Inserts: Watertight gasket manhole inserts shall be installed in � sanitary sewer manholes when indicated on the plans. Inserts shall be constructed in accordance with Fort Worth Water Department Standard E 100-4 and shall be fitted and installed according to the manufacturer's recommendations. � � u L!J � � � IJ 3. Lift-Holes: All lift holes shall be plugged with a precast concrete plug. The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4. Final Rim Elevations: A. Manhole rims in parkways, lawns, alleys, and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground. The grade of a11 surfaces shall be checked for proper slope and grade by string lining the entire area regraded near the rnanhole. B. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade. 5. Manhole Covers: All lids shall have pick slots in lieu of pick holes. Manhole frames and covers shall be McKinley, Type N, with indented top design, or equal, with pick slots. Covers shall set flush with the rim of the frame and shall have no larger than D-24 � � �� I�� 1 _ ' ��7 I��' � �]'� ��I��L.� 1/8-inch gap between the frame and cover. Bearing surfaces shall be machine finished. Locking manhole lids and frames will be restricted to locations within the 100 year flood plain and areas specifically designated on the plans. Certainteed Ductile Iron Manhole Lids and Frames are acceptable for use where Locking lids are specified. � 6. Shallow Manholes: Shallow manhole construction will be used when manhole depth is four (4) feet or less. All shallow manholes shall be built in accordance with Fig. 106 or per Fig. 103 but with a flat slab top (no cones sections will be allowed). All shallow � manholes shall have a 24" x 40" cast iron lid and frame with pick slots. NOTE: MANHOLES PER FIG. 105 WILL NOT BE ALLOWED. � 7. Manhole Steps: No Manhole steps are to be installed on any Sanitary Sewer Manhole. 8. Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy � paint, Koppers "Bitumastic Super Service Black," Tnemec, "46-450 Heavy Tnemecol," or equal to a minimum of 14 mils dry film thickness. . � 9. Manhole Joint Sealing: ��1 U � �� L�J � '�l L•J � I'� �1� A. General: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type, preformed O-ring rubber gasket shall require bitumastic joint sealants as per attached Figure M. B. Materials: This sealant shall be preformed and trowelable bitumastic as manufactured by Kent-Seal, Ram-Nek, E-Z Stick or equal. The joint sealer shall be supplied in either extruded rope-form of suitable cross-sectional area or flat-tape form and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other chemical action for either its adhesive properties or cohesive strength. The joint sealer shall remain totally flexible without shrinking, hardening, or oxidizing regardless of the length of time it is exposed to the elements. The manufacturer shall furnish an affidavit attesting to the successful use of the product as a preformed flexible joint sealant on concrete pipe and manhole sections for a period of at least five (5) years. C. Installation of Joint Sealant: Each grade adjushnent ring and manhole frame shall be sealed with the above specified materials. All surfaces to be in contact with the joint sealant shall be thoroughly clean of dirt, sand, mud, or other foreign matter. A primer shall be applied to all surfaces prior to installing the joint sealant in accordance with the recommendations by the manufacturer. The protective wrapper shall remain on the joint sealant until immediately prior to placement of the pipe in the trench. After removal of the protective wrapper, the joint sealant shall be kept clean. Install frames and cover over manhole opening with the bottom of the rings resting on bitumastic joint sealer. Frames and grade rings shall rest on two (2) rows (inside and outside} of bitumastic joint sealer. � D-25 �J PART D — SPECIAL PROVISIONS � • 10. Sealing and/or Adjusting Existing Manholes: Excavate (rectangular full depth saw cut if � in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of six (6) inches of the manhole wall, keeping the sides of the trench nearly vertical. �� L`J �� # '� � � L�J 1#' � A. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings. Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. Grade rings that aze constructed of brick, block, or materials other than precast concrete shall be replaced with precast concrete rings, or where necessary and approved by the Engineer, a precast flattop section. Precast concrete rings, or precast concrete flattop section � will be the only adjustments allowed. B. In brick or block manholes, replace the upper portion of the manhole to a point 24 inches below the frame. If the walls or cone section below this level are structurally unsound, notify the Engineer priox to replacement of the grade rings and manhole frame. Existing brickwork, if damaged by the Contractor, shall be replaced at the Contractor's expense. C. Wire brush manhole frame and exposed manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent, followed with an application of a quick setting hydraulic cement to provide a smooth working surface. D. If the inside diameter of the manhole is too large to safely support new adjustment rings or frame, a flattop section shall be installed. E. Joint surfaces between the frame, adjustment rings, and cone section shall be free of dirt, stones, debris, and voids to ensure a watertight seal. Place a flexible gasket joint material in two (2) concentric rings along the inside and outside edge of each joint, or use trowelable material in lieu of preformed gasket material. Position the butt joint for each length of joint material on opposite sides of the manhole. No steel shims, wood, stones, or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame. � F. In paved areas or future paved areas, castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of casting will conform to the slope and finish elevation of the paved surface. The top of the casting shall be D 1/8 inch below the finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. � '� � G. All exposed exterior surfaces shall be coated with two mop coats of coal tar epoxy paint, Koppers "Bitumastic Super Service Black," Tnemec, "46-450 Heavy � Tnemecol," or equal to a minimum of 14 mils dry film thickness. D-26 L�i �� 11 � �� PART D — SPECIAL PROVISIONS Measurement and Payment: A. The price bid for new/replacement manhole installations shall include all labor, equipment, and materials necessary for construction of the manhole including, but not limited to, joint sealing, lift hole sealing, and exterior surface coating. B. The price bid for adjusting and/or sealing of existing manholes shall include all labor, equipment, and materials necessary for adjusting and/or sealing the . manhole including, but not limited to, joint sealing, lifthole sealing, and exterior surface coating. C. Payment for concrete collars and watertight manhole inserts, if required, will be � made separately, based on the appropriate bid items. � PAY ITEM — REMOVAL. SALVAGE, AND ABANDONMENT OF EXISTING FACILITES 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, of the General Contract [� Documents and Specifications unless amended or superseded by requirements of this Special ��,� Condition. � �� i�*J I� IL�J L.�J � � � 1. SALVAGE OF EXISTING WATER METER AND METER BOX: Existing water meter and meter box shall be removed and returned to the Water Department warehouse by the contractor in accordance with Section E2-1.5 salvaging of materials. Backfill material for the void meter box shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. If water main is to remain active, the contractor will be required to plug water service line at main. 2. SALVAGE OF EXISTING WATER METER AND CONCRETE VAULT LID: Existing water meter and concrete vault lid shall be removed and returned to the Water Department warehouse by the contractor in accordance with Section E2- 1.5 salvaging of materials. The concrete vault shall be demolished in place to a point not less than 18-inches below final grade. The concrete vault shall then be 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 hydrants shall be removed and returned to the Water Department warehouse by the contractor in accordance with Section E2-1.5 Salvaging of Materials. The void shall be backfilled and compacted in accordance with backfill method as specified in D-27 LJ �� L'J� � �' �' � �� L� l■J � �� I■J � L■.i � L�J I�] PART D — SPECIAL PROVISIONS Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with existing surrounding surface and grade. 4. SALVAGE OF EXISTING GATE VALVE: Existing gate valve and valve box and lid 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 azea caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding surface and grade. 7. ABANDONMENT OF MANHOLES: Manholes to be demolished in place shall have all pipes entering or exiting the �structure plugged , with lean concrete. Manholes tops or cone section shall be removed to the top of the full barrel diameter section or to point not less than 18-inches below final grade. The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be either clean washed sand or clean, suitable excavated material approved by Engineer. Surface restoration shall be compatible with surrounding surface. Payment for work involved in backfilling, plugging of pipe and all other appurtenant required, shall be included in the appropriate bid items. 8. REMOVAL OF MANHOLES: Manholes to be removed shall have all pipes entering or exiting the structure disconnected. The complete manhole including, tope or Cone Section, all full barrel diameter section and base section shall be removed. The excavation shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be with Type C Backfill or Type B Backfill as approved by the Engineer. Surface restoration shall be compatible with surrounding surface. D-28 ;� ��; �i� �� IL!�J �,�' u �I � � PART D — SPECIAL PROVISIONS 9. CUTTING AND PLUGGING OF EXISTING MAINS: At various locations on this project it may be required to cut, plug and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines. Cutting and plugging existing mains and/or services shall be considered incidental and all costs incurred will be considered to be included in the linear foot bid price of the pipe, unless separate trenching is required. 10. REMOVAL OF EXISTING PIPE: Where removal of the existing pipe is required. It shall be the Contractor's responsibility to properly dispose of all removed pipe. All removed valves, fire hydrants, and meter boxes shall be • delivered to Water Department Field Operations, Storage Yard. 11. PAYMENT: Payment for � all work and material involved in salvaging, abandoning and/or removing of existing facilities shall be included in the linear foot bid price of the pipe except as follows: Separate payment will be made for removal of all Fire Hydrants, Gate Valves 16-inch and larger, and Sanitary Sewer Manholes regardless of location. Payment will be made for salvaging, abandoning and/or removing of all other existing facilities when said facility is not being replaced in the same trench, i.e., when removal requires a separate trenching operation. � PAY ITEM — ADJUST WATER VALVE BOXES, MANHOLE, AND VAULTS j� Contractor will be responsible for adjusting water valve boxes, manholes, and vaults to match lJ new pavement grade. The unit price bid will be full payment for materials including all labor, equipment, tools, and incidentals necessary to complete the work. � '�J I� i !J � �� PAY ITEM — TEMPORARY PAVEMENT REPAIR The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2-inch hot or cold mix asphalt over a minimum of 6 inches of compacted flex base. This temporary repair shall be rolled to provide a smooth transition between the existing pavement and the temporary repair. The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing temporary pavement repair for all streets cuts prior to street reconstruction. PAY ITEM — TELEVISION INSPECTION OF SANITARY SEWER LINES 1. GENERAL: Prior to the reconstruction, some noted sections sanitary sewer lines shall be cleaned, and a television inspection and dye tests performed to identify any active sewer service taps, other sewer laterals and their location. Work shall consist of furnishing all labor, material, and equipment necessary for the cleaning and inspection of the sewer lines by means of closed-circuit television. Satisfactory precautions shall be taken to protect the sewer lines from damage that might be inflicted by the improper use of cleaning equipment. 2. HIGH VELOCITY JET (HYDROCLEANING) EQUIPMENT: The high-velocity sewer line cleaning equipment shall be constructed for easy and safe operation. The equipment shall also have a selection of two or more high-velocity nozzles. The nozzles shall be capable of producing a scouring action from 15 to 45 degrees in all size lines designated to be cleaned. Equipment sha11 also include a high-velocity gun for washing and scouring manhole walls and D-29 � l�J � L�J f�l � L� � �� PART D — SPECIAL PROVISIONS floor. The gun shall be capable of producing flows from a fine spray to a solid stream. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. Hydraulically Propelled Equipment shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to insure removal of grease. If sewer cleaning balls or other equipment which cannot be collapsed is used, special precautions to prevent flooding of the sewers and public or private property shall be taken. The flow of �sewage present in the sewer lines shall be utilized to provide necessary fluid for hydraulic cleaning devices whenever possible. 3. CLEANING PROCEDURES: The designated sewer manhole sections shall be cleaned using high-velocity jet equipment. The equipment shall be capable of removing dirt, grease, rocks, sand, and other materials and obstructions from the sewer lines and manholes. If cleaning of an entire section cannot be successfully performed from one manhole, the equipment shall be set up on the other manhole and cleaning again attempted. If, again, successful cleaning cannot be performed or the equipment fails to traverse the entire manhole section, it will be assumed that a major blockage exists and the cleaning effort shall be abandoned. When addit'ional quantities of water from fire hydrants is necessary to avoid delay in normal working procedures, the water shall be conserved and not used unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Before using any water ftom the City Water Distribution System, the Contractor shall apply for and receive permission from the Water Department. The Contractor shall be responsible for the water meter and related charges for the set up, including the water usage bill. All expenses shall be considered incidental to cleaning. 4. DEBRIS REMOVAL AND DISPOSAL: All sludge, dirt, sand, rock, grease, and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole section, which could cause line stoppages, accumulations of sand in wet wells, or damage pumping equipment, shall not be permitted. All solids or semisolids resulting from the cleaning operations shall be removed from the site aand disposed of at a site designated by the Engineer. All materials shall be removed from the site no less often than at the end of each workday and disposed of at no additional cost to the � City. Under NO circumstances will the Contractor be allowed to accumulate debris, etc., on the site of work beyond the stated time, except in totally enclosed containers and as approved by the Engineer. � L�J UNDER NO CIRCUMSTANCES SHALL SEWAGE OR SOLIDS REMOVED THEREFROM BE DUMPED ONTO STREETS OR INTO DITCHES, CATCH BASINS, STORM DRAINS, OR SANITARY SEWER MANHOLES. 5. TELEVISION INSPECTION EQUIPMENT: The television camera used for the a inspection shall be one specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The � D-30 � C � �' C� ��J L�J PART D — SPECIAL PROVISIONS camera shall be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection. 6. EXECUTION: A. TELEVISION INSPECTION: The camera shall be moved through the line in either direction at a moderate rate, stopping when necessary to permit proper documentation of any sewer service taps. In no case will the television camera be pulled at a speed greater than 30 feet per minute. Manual winches, power winches, TV cable, and powered rewinds, or other devices that do not obstruct ,the camera view or interfere with proper documentation shall be used to move the camera through the sewer line. When manually operated winches are used to pull the television camera through the line, � telephones or other suitable means of communications shall be set up between the two manholes of the section being inspected to insure good communications between members of the crew. a The importance of accurate distance measurements is emphasized. Measurement for location of sewer service taps shall be above ground by rneans of a meter device. Marking on the cable, of the like, which would require interpolation for depth of manhole, will not be allowed. Accuracy a of the distance meter shall be checked by use of a walking meter, roll-a-tape, or other suifable device, and the accuracy shall be satisfactory to the Engineer. I�I I� � C�J � � i�l � LJ l�l The City makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor, and the costs must be included in the bid price for the Television Inspection. The cost of retrieving the Television camera, under all circumstances, when it becomes lodged during inspection, shall be incidental to Television inspection. B. DOCUMENTATION: Television Inspection Logs: Printed location records shall be kept by the Contractor and will clearly show the location in relation to an adjacent manhole of each sewer service taps observed during inspection. In addition, other points of significance such as locations of, unusual conditions, roots, storm sewer connections, broken pipe, presence of scale and corrosion, and other discernible features will be recorded, and a copy of such records will be supplied to the City. B.1 Photographs: Instant developing, 35 mm, or other standard-size photographs of the television picture of problems shall be taken by the Contractor upon request of the Engineer, as long as such photographing does not interfere with the Contractor's operations. B.2 Videotape Recordings: The purpose of tape recording shall be to supply a visual and audio record of problem areas of the lines that may be replayed. Videotape recording playback shall be at the same speed that it was recorded. The television tapes shall be furnished to the City for review immediately upon completion of the television inspection and may be retained a maximum of 30 calendar days. Equipment shall be provided to the City by the Contractor for review of the tapes. Tapes will be returned to the Contractor upon completion of review by the Engineer. Tapes shall not be erased without the permission of the Engineer. D-31 � � �i� � � L�J �� L�J Iil � l�1 �� a �� PART D — SPECIAL PROVISIONS If the tapes are of such poor quality that the Engineer is unable to evaluate the condition of the sewer line or to locate service connections, the Contractor shall be required to re-televise and provide a good tape of the line at no additional cost to the city. If a good tape cannot be provided of such quality that can be reviewed by the Engineer, no payment for television this portion shall be made. Also, no payment shall be made for portions of lines not televised or portions where manholes cannot be negotiated with the television camera. Upon completion of review of the tapes by the Engineer, the Contractor will be notified as to which sections of the sanitary sewer are to be abandoned. Tapes will be returned to the Contractor upon completion of review by the Engineer. All costs associated with this work shall be incidental to unit prices bid for Items under Television inspection of the proposal. C. PAYMENT OF CLEANING AND TELEVISION INSPECTION OF SANITARY SEWERS: The unit price for Cleaning and Television Inspection of sanitary sewers shall be full compensation for all costs connected with cleaning and providing the Engineer with tapes of a quality that the particular piece of sewer can be readily evaluated as to existing sewer conditions, and for providing appropriate means for review of the tapes by the Engineer including collection and removal, transportation and disposal of sand and debris from the sewers to a legal dump site. ' The primary purpose of cleaning is for television inspection and rehabilitation. When a portion of a line is not or cannot be televised or rehabilitated, the cleaning of that portion of line sha11 be incidental, and no payment shall be made. Payment shall be made for all segments of good tapes accepted by the Engineer after the review. No additional payment will be made in the event the Contractor has to pull the television camera from two directions to obtain and provide an acceptable tape for review by the Engineer. The city makes no guarantee that all of the sanitary sewers to be entered are clear for the passage of a camera. The methods used for securing passage of the camera are to be at the option of the Contractor and the costs must be included in the bid price for T.V. Inspections. The cost of retrieving the T.V. camera, under all circumstances, when it becomes lodged during inspection, shall be incident to T.V. inspection. . � The item shall also include all costs of installing and maintaining any bypass pumping required to provide reliable, regular sewer service to the area residents. All bypass pumping shall be incidental to the project. � PAY ITEM — VACUUM TESTING OF SANITARY SEWER MANHOLES L�J '� �� A. General: This item shall govern the vacuum testing of all newly constructed sanitary sewer manholes. B. Execution: 1. Test Procedure: D-32 � � � � u � �� '� � I�1 � � L] i� l� l�l 1■I � � PART D — SPECIAL PROVISIONS Manholes shall be tested with all connections in place. Lift holes shall be plugged, and all drop connections and gas sealing connections shall be installed prior to testing. The sewer lines entering the manhole shall be plugged and braced to prevent the plugs from being drawn into the manhole. The plugs shall be installed in the lines beyond the drop-connections, gas sealing connections, etc. The test head shall be placed inside the frame at the top of the manhole and inflated in accordance with the manufacturer's recommendations. A vacuum of ten (10) inches of inercury (10" Hg) shall be drawn and the vacuum pump will be turned off. With the valve closed, the level of vacuum shall be read after the required test time. The required test time shall be determined from the table below: Height of 48-inch Diameter 60-inch Diameter . Manhole (ft) Manhole Manhole 2. 0' to 20' 40 seconds 50 seconds 20' to 22' 44 seconds 55 seconds 22' to 24' 48 seconds 1 minute 24' to 26' S2 seconds 1 minute, 5 seconds 26' to 28' S6 seconds 1 minute, 10 seconds 28' to 30' 1 minute 1 minute, 15 seconds For each additional � 2' 4 seconds 5 seconds Acceptance: The manhole shall be considered acceptable, if the drop in the level of vacuum is less than one inch �of inercury (1" Hg) after the required test time. Any manhole which fails to pass the initial test must be repaired with a suitable material which conforms to the construction material of the manhole. The manhole shall be retested as described above until it has successfully passed the test. Following completion of a successful test, the manhole shall be restored to its normal condition. All temporary plugs shall be removed and disposed of in a manner satisfactory to the Engineer. C. Payment: Payment for vacuum testing of sanitary sewer manholes shall be considered an alternative to hydrostatic or pneumatic testing. The cost of all material, equipment, labor, etc. required in testing shall be included in the price bid per foot of pipe in place. D-33 � � � . � C�J I �J � � �� L�J I� � � � ' w, � � � LJ CLASSiFICATIO�' Air Tool Operator Asp6alt Raker Asphalt Shovelcr Batching Plant Weigher Carpenter Concrete Finisher{Paving) Concrete Finisher (Structures) Concrete Rubber Eicctrician Flagger Form Builder (Structures) Form Liner Fotm Setter (Pav & Curb) Form Setter (Structures) Laborer, Common ' Laborcr, Utility Mechanic Oi1er Serviccr ' Painter (Structures) Pipelayer Blaster I'RI,\'AILiNG �\'AGE 12ATES CiTY OF i'ORT 1i'ORTIi HIGH\YAl' CONSTRUCTIO\ PRE\'AILING 1VAGE RATGS FOR 1999 POWER EOUIPMENT OPERATORS Asphalt Distributor Operator Asphalt Paving Machine Broom or Sweeper Operator � Bulldozer Concrote Curing Machine Concrete Finishing Machine Concrate Paving )oint Machine Concrete Paving Joint Sealer Concrete Paving Saw ' Concrete Paving Spreader Slipform Machine Operator 48044� Specs 0499_DO.tlx � RATE 59.00 59.55 ss.ao $11.51 Sl0.30 510.50 39.83 58.84 515.37 57.55 59.83 59.00 59.24 59.09 57.32 58.94 S I 2.65 510.17 $9.41 SI1.00 SS.98 511.50 a 10.29 S10.30 �8.�2 $10.74 59.25 S11.13 S10.42 59.00 $10.39 S 10.50 59.92 CLASSiFICATIO\' Crane, Clamshell, Backhoe, Dcrrick, Draglinc, Shovel Foundation Drill Operator (Crawler Mounted) Foundation Drii( Operator (Truck Mounted) Front End i.oadcr Milling Machine Operator Mixer Motor Grader Operator (Fine Grade) Motor Grader Operator • Pavement Marking Machine Roller, Steel Wheel (Piant-Mix Pavements) Roller, Steei Wheel (Other Flatwheel or Tamping) Roiler, Pncumatic SeIC-Propelted Scraper Scraper Tractor - Crawler Type Tractor - Pneumatic Traveling Mixer Wagon-Drill, Boring Machine Reinforcing Steel Setter (Paving) „, Reinforcing Steel Settcr (Structures) Steel Worke� - Structural Spreader Boz Operator Work Zone Barricade ' Truck Driver - Single Axle (Light) Truck Driver - Single Axle (Heavy) Truck Driver - Tandem Axle (Semi-Trailer) Truck Driver - LowboylFloat � Truck Driver - Transit Mix Truck Driver - Winch Vibrator Operator - Hand Typc Welder s-• RATE SI1.04 $10.00 511.83 59.96 58.62 S 10.30 S11.97 S 10.96 57.32 � 59.06 . 58.59 ' S8.48 S9.63 510.58 $9.15 58.83 S12.U0 . S I3.Z l 51331 S 14.80 $ t 0.00 5732 58.965 59.02 $8.77 S10.44 ' 59.47 $9.00 57.32 $I1.57 a 0 . - , r. ,,,. , , , ,.. . . ..... :� ., ...� �. .,_, .... �- . � � '!�1 • • -•CxTY OF •£�RT •�RTH ' �"'CON5TRUCxZOK S�RVICES' � LABORATORY 1tEStJ�,TS FOR TEST H4T.E AND P7�?1STxCITY �NI7EX �""'�.TECTs �998 CA.PITAL XMPOROVFMETix PR4GRAM MARC�RET STREET (EL CAMPO TO C'.AT�iONT) � DOE �14. : 7� 952 � CObE: 03 ._-. , . ,. ,._._��.�.�.�.�,..,��.-------..�.,�.�,� , -.�...�._--____.�.Q,�.G.�_ . �.�,.,��,.,...,..�� I��£ f'3 L7�1B NO.: 35�2$ •� j TXON: 95' N. OF CALMONT AVE. E/4 . � ...a..�.r.—..�r...�.......-r..��......«..._...._.�..__....�..�«....�._........�.�,....�..........��....�... . �.....,...��..—.��.�...�........�......�' :00~ Nt�C • • � '.00�' �ROYfiI C�.AX" WICRUSNED STONE • � .00" BR0�1 CLAY . . •�- � � � xREE� EiA5 BEEN CKI�'. S�ED •' ' �' ' � �r._..:...��..__�.,.�� ___._...��_:.'" _�...�..- . ------.._......�----- - ----�---.._......�.j �'Ei2BiJRG �iHITS: I�L: 37, 3 •--PI,: ••�6.8 Qx:• •20.5 • SE�tK�: 12„0� • • . � EL COLOR CHART: 5/$ YE�La�.LSH BROi4N' CLi�Y j IT WEIGHT: 134.0 LBS QER CUBIC FOO� . ' � � . . ....---._ ... , ____._._,______�._�._.___ .. . ,..._.,._.._...__..—_.__�_._._....__�.� . _. . . . � HOI,E � 2 ' ' ' ' �X1B N0. : 3 5321 • - ; . . • . � �'�CA�xON: 55' SOUTH OF pERSHxNG AVE. CL •• . 1 �.�..........,...,,_^__..�.�_..��__��..�_--____......__--____��..�.....,___��........__�.�..�.,....:.�..�.._.._.. ( 0.75"' HMAC . . . . . . .. . . . . � �.00"' �RQ�h7NISH G�2AY �LAY W/CRUSHED STONE • • • • • j .OQ' BR(3WN�SH GRAY CI�Y " . ' . . , : � *S�REET HAS BEEN �HIP�SEALED . . j ��..�..._..._.�.._-___....��_....r.._._...---...,.__.�..__..�..__..�...._..�___��......�___�.....:._.._____.._ � TTFrRgtJRG �IMIT$: �I,: � 36.�6 PL: x8.5 PI: 1.$.1 SHRK'G: 10.0$ t MUNSEL COLOR CNAI2T: 5/Z GRAY CLAY • ,• i ��NIT %?£IGH�: 128 . 6 ZBS 'PER 'CUBIC FOOT ' 1 . , . . . ��s+c�ccx•:�•—�—�el�s�rerotc�a�T� -------"�'cscC�C �ccC�'�r ...�..�-. -�. , _�...R.r...�..—rw�s' �' � � � • 1 r � � R, JER� �� TF�.SxEb: 06-25--98 . DAT� REPORTED: 07-0?�98 . . . , TFS�.'ED BY: �C'ART)Y�ELL,'PAT�'ERSOIJ,, _,,,__.__ ,.,, . . � DFSAI . . . .. ... . _ _ � RouxxN� .�03EPH GAGT.�ARDX NA�72B FARES ..�FIL�' ... � .. � . k � L• � a � .r • � � l? U_ i i,: V! i� 1tn1 .L � i�..i �... ,'� .��. �`,i:. ��1:i��, L��'�.ii'1�,��i:iiV � s � � �.i • � Date; To: � From: � � � � I h.. �.. t: 1 i V�. ..�,. , TN�?R-0FFICE CO�ESPONDENC� 3anuary X 4, 1999 Gopat Sahu Rvan Jeri Re: ltecommrndation for Rehabilitating o� Margaret Street (El Campo to Calmont) A.O.E. Na: 2167 Upon revi.ew of tha sco� of conatruction cm this projeat and also by taking core samplcs amd cvaluating tho thickness and condition of the surfa.cc and baae matc=ial and evalvatin,g thc suitabitity o£ thc existinng material for fuh►rc uac, it is my r�commendatirnn d�at this street is a good oa�ndidate to lx pulverizcd. ,. . Upon completion of utility work ali ditches must be capped with a temporary patch comp2ying with City of �ort Worth Specificat�ons. � � The contractor ehnll pu2verixs the axigting paveti�e�nt / base to a depth o� 8 inchea below the surface of thc existing pavement Af�er pulvenzativn is complcted, the cot�tractor sh�Il temporarily remove tha pi�veti�.ed material and undercut an additional3 �ches of base � material. The removai of the base material shall start a minimum o� 8 incltes below the exi.sting pavetnet►t surface. After the undcrcut is complcte, khe con.4ractor ahall replace fbe putverirxd material and mix it with 5 per�cent PQrtland Cemcnt, spz�ad the material as a � base and compact a11 in accordance wrth Iicm 214, paxtland Cement �'rcat�nent (Matetial Maniputation), of thc latcst cditivn of thc City of Fort Worth Sta�d�xd Spccificatiott� for - Construction of Strcets and Storm I?rains. When proper compaction is achicved the � contractor �hall ov�iay with 3 i,nchcs of HMAC typc `�D" autfaca cowsc on top of the ttew base and all applicable pravisions af Item 312 (Hot Mix Asphalt Concretc) and Item 313 (Centr�t Pl.ant Recycling Asphalt Conerete) of the latest edition of the City of Fort Wot#�t rj 5tandard Specifications for Canshuction of Streets and Storm Drains. These specificatia�ns �� shall appty to all aspects of conetniction methods for tlus project. � I� IJ You may want to include a copy of the attached document "vn the cont�act documcnta for the benefit of the contractor bidding the project and for use in construction o� the project. i � / �n ' � � �� I:. �1 .. - � �1'" `1'.i I. . � . ; . �i� ,, !'.•r, �`. , UCI'!. 1'.ttv�t,r,r,i�,r„ PAVBMENT �'ULV�RLZATION , r�n ,..r. v � � v i . � .,.. . T#ie conb�aotor sha1l pulvczize the exigtiz�g pa�vement / base to a depih of ei�ht (8) iztchea '� below thc susface af tho o3ristin4S pa�vcment. After putv�rization is compl�ted the contractor shall tcmporan'ty remove thc pulverized mabcria� and removc an addifional ttu�cc (3) inchos nf base material. The remarval of the base material shall gtart a minimum of eight (8) mches � � bclow the surface of ihc exisiu�g pavement. ARcr thc undcrcut operacion is compTctc, t�te contractor shall mix ihe putverized material with five (5) percent portland cement and -� $proad the matsrial es a baea all ui accordance with Item 214 Postlat►d Ccment Trvatcnent � (Matcrial Manipulation) of the latest editian of the .City of Fc�rt Wotth Standatd Speci�cations for Strcet and Stornt lhain Constructirnn as foIIowa; �.i! � � * Ccmcnt �ha�.i be applied vnly to auch an area that a11 the opetations can be. . condnuo�s and completed in day Iight within six (6) howrs of $uoh applicarion. * Gtadadons have to bc ta�ccn just a few tninutCs before app2yi�tg cemenG '" No cquipmcnt cxccpt that uacd in thc spncading actd mixing w71 bc al�owcd to pase wer the freshly spread cement unt� it is xnixed with the soi�. "' Any mixture of aoi� and cement that has not �ean compacted and fxz�iahod aha11 not retnain tuidistutbed for morc than thirty (34) minutea, �'J � '�l � L�J Ll I!I * Surfa�ce compaction azxd finishing aha�l proceed ixz guch a manner as to produce, in not more than two (2) hours, a amooth, closcly ktut sur�ace free of cracks, ridges or looge matersal, conforming ta the orown, grasie and line shown oit the plans. After the roadwary has been fnv.shed as specificd herein it shaS� be immediateby protccte@ �against xapid drying by app�yin�g two t�c►ths (0.2) gallons per square yards of RC-2 o�r some othe� E.P.A. appi�wcd wnter bascd amulaiou. Should it be necessary for constructirnn equipment or othe�r traffic to use that sectiott of roadway before the emulsion has dried gufficientty, it is the �esponsibility of tlfe contractor to dust or sand tlie surface bef'ore such use to prevcnt pickup o� xnaterial. * The contractor shall also maixitain tltis protective cover duriag ihe aeven (7) day curing period so that all fhe aoil cement base course wiIl be cwered effectzveiy. '" The saii cemcnt couise rnay be vpened to Zacal traffic as anan as thv water bascd emulsion has been applied a� dusted or sanded as necessary to prevent p�ckup of ma�tcrial by traffic. It may bc opcncd to all braffic a�cr scvCn {7) days, ' After tha minimum seven (7) day vf cwciz�g, the co�tractor ahall overlay avith three (3) inches of HMAC Type "D" course_on top of ttte z�ew base. �.:' 1. ,�, •„�_ i i� f; r,i �•• � � P. P'i. Urr �. ci�vli¢i:i;r,:�tv .,<<. .� . ,,. � ,,.. .,._ _ � j� .... page 2 �-� HMAC SURFACE COURSE (TXP`E "D" M�X) � All applicable pxovisions of Standard Specifications Xtem Nwnbe�s 312 "Hot Mix A.sQhaldG Concrete" and 313 "Ccntral Plant Recycling Asphaldc Concretc" of thc City of Fort vVorth Standard Specificationa o£ Street and Storm Drain Construction shall app�y to the � � consfr�cdon mcthods for tivs portion of thc projcct. Stattdard Spccification 312.5 (1) ahall be rcvised as follows: Tho pr�me coat, tack coat or � the asphaltic m�ture shall not be p]aced unleas the air temperature is frfty (50) deg�ees �ahrenheit and r�aictg tha temperaturo bciiig takein in flie ehade and stway from ar�6cia1 heat. Aspha�ltic material shaU. also not be placed when the wind conclitions are tms�itabto in � the op"vnion of the �ng�ineer. The contractor ahal! furnish a batch dcaigtt of the propos�d bot mix asphalric concrete for City approva148 hows prior to placing thc HMAC ovcrlay. The City will provide laboratory control as ncceagaty. I� � � � �� LJ g � 0 1 �� l�! � � � ,�z„ , � �t 6" 1,' I LJ 1 � 5�2�� 3�� 3�� „ � 4" ��Z�� iz�� 2�z�� . 4�-�� 7Lqu � 7 �4�� i2�� Z�� ,�z„ � 5" ! � � � � �rz�� I I LJ � � � � V 1" 3" � Project Title Contractor� Contractors Name 5cheduled Completion Date �ear 4'-0" . 1��4�� 1 1 , f I � �� I/Z�� 31 Z i 1��a�� , � 3" J PROJECT DESIGNATION SIGN Ci t o Fo�t Wor�th � LONGHORN WHITE (BLUE BACKGROUND W/ WHITE LETTERS) LETTERING� CITY OF FORT WORTH - BOOKMAN DEMI ITALIC PROJECT TITLE, CONTRACTOR & DATE IN HELVETICA � � � � � � � � � � � �� -�r,r -.r .. �. 1 � �� • .I . , ._-i ..►:..> r..r �� : �. � � � -r=�� . l�_ .,a1 , h . • ^. . � \\ `` � � . � ! �i . ' ' / � 1 �' � � .� \ U �. J Y CI7Y OF FORT �/ORTF�, TEXAS - C�1STRt1CTI[]N STANDARD OCTOBER, 1992 � � � `+,..--3 � 4...�_../ 6 J i � � L.-� �r � �+�J � �t` � �� i�..�c� •L.....� Lr�' • Y�.l MONC]LITHIC SIDEWALK CURB STREET CURB ' LINES TO BE �►c 1/4" DEEP TR/WSITION 9" 18" I 4 J�INT, 3" GAP ` ,.. � 4.. � �.� ,�� R-� 6" �.. R.CJ.W. EXIS�� ' � � - YIUY uYUY IIYI ��„ � � S'IDEVALK . _- -- CURB PAY LIMIT MAX LENGTN � St1RFAC£ TREAT�KT CGRDOVE) . s� Fr� rwE a�ac oF cuaa. EXPMtSION MATERIAL RECCSSED 1/4•' AND �►� �� o`� N Q T E S CQ.D-.IOItJ'TS� 1> FQR PARKWAY 1.IITH ELEVATION BELDV STREET ELEVATI�N, THE SID£WALK CURB MUST BE 2" � HIGNER THAN THE STREET CURB. 2) SIDEWALK Ct?RB SHAU, NOT �NCRQACH ON THE PRQPOSFD VIDTN OF THE SIDEIJALK DR RAFlP. 3> FOR TYPE I RAMP MAXIMUM SIDEWALK CURB HEIGHT 0" 70 7". TYPICAL RAMP X--SECTI�N CITY DF FORT 1�IORTH, TEXAS - CONSTR�CTICIN STANDARD � �CTOBER, 1992 L^'] L�'' � � ltl � � aw !'_'J 1� � L!�l � � � L1 � L� I�� 6" f8"' Lit P4^ EXISTING 15' R SCALE 1" = 5' � SIDEWALK RAMP NOTES 1) EXPANSION .1�INT AND SILICO�JE SEAtING I Si�L DE SUBSIDIARY TO UhilT PRICi BiD iF�t SIDEVALK. 'J T}E ACTUAI. LD{iTS [�' R�MQVAL (� EXIST- ING CUR.B MID GtJTTER At�1D SlDE11ALK SFiALL � BE AS DIRECTED �Y TfiE E?�lGItdEER IN Tt�E F1EL Q � fUUt��OLITKtC CtJRB OR F11kR£D SLOPES MAY BE INSTAL.LED bN BiITH SIDES OF Ti� RAt� DEP£NIIlNG ON 'fF1E FIQ.D CWD1Ti0N Qt AS DIR£C7ED BY THE ENG[t�ER. 4� cvaa a�ws vsrH rz�Tu�eD a�t�s ►MY � U�Y£D YHER£ P£DESTRIANS b/Dl1LII NOl' �� K]RffA1.LY YA�K ACRIJSS TFE RAf�IP. • �+ac- rv�r� . . . S) SLOP£ OF Ct�ta Rl� At�/DR SIDEVALK �" .�,� S#-f�11_L B£ A FSAXiM1N DF 142 FLAR£D r� S1DES OF RAl� SNAl.L HAVE A F�AXIM�1 �� SLOPE Of 1+10, UVLESS PEDESTRIAf�S C0.1L8 � �s REor� VALK ACRiJSS 7�E RAM TFlEJ+1 TFIE l4AXIMl�t .�. � � SLOP£ SNAIL B� ld2 � ss� ru�. ts. p�� w�curNc roHa:tt�ac stDcvkx a�s ! �� i o � � -�oaunwc �� . . '��1� \ � CSFZ � �, • � � l�i,AR�E�� AC� a C�! SiIAL�l, iE C0.� ' _ t �} �.� AS REOU6�7 Yy, -Q� _i,;,� � s� • T�`� � �� %hCX ar ��. G�i r�ct �anr. r• a�as oann+a —' + \a 6uno� �-LAVCiJi i'OR �TE PAVC10(i �� STARlDARD PAY LIMIT DETAIL CITY � FDRT WOR7F� TEXAS — CONSTRiJCTIQN SiANDARD DC T OB�R, 1992 � f � � � � � � � � � � � � � � � � � � � EXISTING 15' R SCALE 1" = 5' � SIDEWALK RAMP c�asTs+o a�a l C3lJTTER 6" /�~ � G4~ I � � y ar� .�xr �,m �c �c � x MS[liAitY TO IRtlT Pi� IiD f�t SI�EVNX �� r n� �crur� �ui� oF a�w�. aF E�asrn�c a�s � arr� � st�v�xx sw�u. � i►s xRoci�s sr nc E,�cncss a+ n�c �un.t� Y1�W� • Vc FtSAC rV1PT - . � I . � S�DDJG AS k'EO(dRO , N1CK �i" Pf�. C1. . , �� l�IiY�C SI]C1b1LK Ctit! C�O�K t 1 / .�ADIT7NG ''�� } � T� � - — � / / '" ' . GRtIIVC � \ l._. ` � Jv04dtiDG - � Tl� � � C�a S1�lFA�E . � S�lHi A3 Rf ol:� - - OPAKSlDf J�fT 1 S�.�COE S£ILKi lAC�C [i ?R�. Cl� � �- FAC£ PR�. 7" C1JRf �Ex1STp1G � � 6lliTER vWT FCit CO�CAETE PAVEI4M JOINT DETAIL CITY QF FORT �IORTH, TEXAS - CDNSTRUCTION STANDARD OCTOBER, 1992 � L!J IsJ � I � i�l � � � � � � � � CITY �' F�2T VORTF� TEXAS - CONSTRUCT]W STANDARD t}CTQBER 1992 � � � � � � O � LJ � . - . . :. - T Y�P E I EXISTING 15' R SCAI.E i" = 5' � � � PROP. 4' RAMP �:�::::�::=::::�:�:::=�:::�.. COL�RED SURF�ACE . � . � - . . � . . : �. � , �� . . � -� � ... � . .��:.� �:.�.�.�. �.�. � . . : .��:-:. ^ � . . .� .. . . _. ._ . : , . _. _ . . � - , • , • � hi � t ' �.. ' � ' .A . . ' . . . .' �- � . ., . .. .• . ' . .. . ,�..+.1' .t tY 2 � • • I ' ' � . 1' • ` t. 3�.. . . _� • . . . . . .. � � }, ! t I � t ., . ` � 'r 4 . ..... � NEIGNT LE �t ` �<< , , � , . � ' . - . � � [.3�� . .. C� � �1'48 �. � .. . � = �� . . �:x -f--- � ` . ., . . . . ,;, . , , � _ � � . � . : . .. _ � . . . . . . , _ � . . ._. .... _ - -_ . . . . . .. • . - .-,, . , . 4 . - * '( � t ��_ , � . . . . . a: . .. � , . .. . . . . , A . _. . . . . , . �. . . . :. .�. .. . .:�� . . -. .....�., �� . .....,.. i .: . . , : .: �� . . ..� . . � . : � ::_._ . . . . . . . : �--=- . .�.: - � � . . . _� . �, � .� -� ..r . . � . - . . , . . . .. � , r � :�it� , . � � . . > :aK_ . : � � ,. . ,:: t . � . . . . ::.s � . � � � � ° . VARIABLE HEIGHT� CURB � � . .. �- � � � �` �. �. . , �. . ; . � � � � � . i �1/2' R CTYPJ CI7Y t�' FORT VORTF�, TEXAS - C�fSTRUC7IDti STANDARD OCTQBER, �992 �. � � � � � � � � � � � � � � � � � � � � TYPE III EXISTING 15' R SCAIE 1" = 5' t� «,� 6" yr aR rr� � 1 � wcoss �s a��oio l� v. a. � � SI DE WALK RAMP ` � ' ' BROOM FINISH � C��! HMAC T I E- I N � Kr - - . s---'�r-- ..�� IQQI1f0C Li7t1t�11C G�! T � i ._� ` � � CLt�[► �UIIF�Q � Rt�s�a+� �ac ar �ar. aa c�ct raor. r� ass �ot � VQJf F'Q C01C�CTC IAWE�fT C1TY Of' FO�tT V�2Ti{, TEXAS — C�tSTRUCTIQi STANDARD OCTOBf�R, 1992 w N � � a [� � C� C� C� �i � r� �� i� � C� C� � C� �� L�' � � � NOTICE � The following blank spaces in the Certificate of Insurance, Performance Bond, Payment Bond, • Maintenance Bond, and Contract are not to be � filled in by the Bidder at the time of submitting his proposal. These forms are included herein to familiarize the Bidder with � such forms which the successful Bidder will be required to execute. LI � l�: � � � � � � � � � �. � � � ' i��-��z If the certificate holder is an ADDITIONAL �INSURED, the policy(ies) must be endorsed. A statemerrt on this cert'rficate does not confer rights to the cert'rficate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsemerrt. A statemerrt on this certificate does not cor�fer rights to the certificate holder in lieu of such endorsemer�(s). D[SCLAIMER The' Certificate of Insurance on the revetse side of this form does not constitute a� coritract between the issuing insurer(s), authorized represerrtative or producer, and the certificate holder, nor does it afFirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ,. ACORD25-S(7/97?2 pf 2 #M13408 � � � � � � , ,. . CERTIFICATE OF INSURANCE TO: CTTY OF FORT WORTH Date_ NAME OF PROJECT: PROJECT NUMBER: . IS TO CER'ITFY THAT : is, at the date of this certificate, Insured by this Company with respect to the business operations hereinafter described, for tlte 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 Effecrive Expires Limits of Liability � � Worker's Compensation Comprehensive General Liability Insurance (Public Liability) �� Lw' � L�J � � � L_�J � Blasting Collapse of Building or structures adjacent to excavations Damage to Underground Utilities Builder's Risk Comprehensive Automobile Liability Contractual Liability � Other Bodily Injury: Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Ea.Occurrence: $ Ea.Occurrence: $ Ea.Occurrence: $ Bodily Injury: Ea. Person: $ Ea. Occurrence: $ Property Damage: Ea. Occurrence: $ Bodily Injury: Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Locations covered: llescription of operations covered: The 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 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. AQencv Fort Worth A�ent B�i Address Title � � � � CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW '"j Pursuant to V.T.C.A Labor Code Section 406.096, Contractor certifies that it provides workers' Jcompensation insurance coverage for all its employees employed on ciry of Fort Worth Project Number C115- 020115040553 J � � � � STATE OF TEXAS § � COUNTY OF TARRANT § MCCLENDON CONSTRUCTION CO Y.INC. CO RACT By: �R�1 �cCl�1�t�Ob, PR��IDE�tT Title /'- �D -4U , Date � BEFORE ME, the undersigned authority, on this day personally appeared �%��=��-c'/�u-o"� known to me be the person whose name is subscr ed to the fo,]�egoin instru ent, and acknowledged to me that he executed the same as the act and deed of%%�C' .P� ��,(0 .� for the purpose and consideration Dtherein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� day of D Q�f,c�_. �� o2al� d . U ` . %�� DNotary Public in d fo , the State of Texas D -, = 0 � �,� �� 0 � � BOND N0. 89800877 PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That we (1) MCCLENDON CONSTRUCTION COMPANY, INC. a (2) CORPORATION of TEXAS, hereinafter call Principal, and (3)VIGILANT INSURANCE COMPANY &* a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: ONE HUNDRED TEN THOUSAND SIX HUNDRED FIVE AND 90/100 ................................................ �' ($110,605.90) 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, joindy �nd severally, �rmly by these presents. *FEDERAL INSURANCE COMPANY r� � r` THE CONDITION OF THIS of: OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the of a copy of which is hereto attached and made a part hereof, for the construction of: �—Q 4�� RECONSTRUCTION OF MARGARET STREET (EL CAMPO TO CALMONT) WITH NEW ASPHALT PAVEMENT INCLUDING WATER AND SANITARY SEWER ADJUSTMENTS (CONTRACT 11) designated as Project No. (s) C115-020115040553, a copy of which contract is hereby attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the "work". r.Y NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with � the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which _ may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages �- which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full �" force and effect. 1 1 ' t � F1 u ' PROVIDED FURTHER, that if any legal action filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no � change, extension of time, alteration or addition to the terms of the conU-ac[ or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. � � IN WITNESS WHEREOF, this instrument is executed in 8 counterparts each one of which shall be deemed an original, this the of ATTEST: �IAN p 4 2000 MCCL� CONSTRUCTION COMPANY, INC. (Principal) Secretary PRI � IPA (4 �% � BY: /l�t , - Title� �'resident ��pp�, PRf31D�NT (SEAL) � PO BOX 996 BURLESON, TX 76097 (Address) � �� ,� /� , �'%� VIGILANT INSURANCE COMPANY P in ' al� F DERAL Suret INSURANCE COMPANY Witness as to r�p �.0. �� y � M�� Address �� BY: �I.D�- • 1 � �'�.�'�- � � ATTEST: Tamara E Murra iAttorney-in-fact) (� .� � . y (Surety) Secretary 15 Mountain View Road Warren, NJ 07061 (Address) (SEAL) NOTE: Date of Bond must not be prior to date of Contract � Sl � � ��_ W ness as to �rety P.O. Box 8700, Fort Worth, TX 76124 .... (Address) � � F2 (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.. � � � � � � � � � � � � � � � � � � � � IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, Texas 78714-9104 Fax # (512) 475-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or condition of the attached document. � � � ` !^ THE STATE OF TEXAS t L.� COUNTY OF TARRANT PAYMENT BOND BOND N0. 89800877 � KNOW ALL MEN BY THESE PRESENTS: That we (1) MCCLENDON CONSTRUCTION COMPANY, INC. a (2) Corporation of Texas, hereinafter call Principal, and (3) VIGILANT INSURANCE COMPANY *a corporation organized and existing under the laws of the State and fully � authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all person, iirms, and,corporations who may furnish materials, for or perform labor upon the �- building or improvements hereinafter referred to in the penal sum of : � * & FEDERAL INSURANCE COMPANY ONE HUNDRED TEN THOUSAND SIX HUNDRED FIVE AND 90/100 ............................................. �- ($ll0,605.90) Dollars in lawfu] money of the United States, to be paid in Fort Worth, Tanant County, Texas, for the � payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, joindy and severally, firmly to these presents. � � r' THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the �(�a�c��A.D. , 1999, a copy of which is hereto lttached and made a part thereof, for the construction of:: RECONSTRUCTION OF MARGARET STREET (EL CAMPO TO CALMONT) WITH NEW ASPHALT PAVEMENT INCLUDING WATER AND SANITARY SEWER AD,TUSTMENTS (CONTRACT 111 � Project No. (s) C115-020115040553 a copy of which is hereto attached, referred to and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred - to as the "work". � �, NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as deiined in Article 5160, Revised Civil S[atutes of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract, tt�en this obligation shall be null and void, otherwise it � shall remain in full force and effect. � �... � ' ' F10 ' � � � � THE BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. PROVIDED FURTHER, that if any legal action be f71ed upon this bond, venue shall lie in Tarrant County, State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of addition to the terms of the contract or to the work to be performed thereunder or the specification s accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the ri;ht of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts each one of which shall be deemed an ori�inal, this the da of A.D., 1999. �� 0 OOt� � ATTEST: � � (Principal) Secretary r1 , - �C ��-c�� ' �� Witness as to Pri�'cip� �.o. �Q�i � �.. ��RLIE��O�I, i'X 7�8QQ�iar Address ATTEST: I� (SEAL) (Surety) Secretary � � Wit ss as to Sur y� �' (Address) �� \ MCC ND N CO S UCTION M . IN P N �L.,�) B Y: ,i� .� — — — — Title: President DRld MkClE1�1f30l�, PR��ID�NT PO BOX 996 BURLESON. TX 76097 (SEAL) (Address) VIGILANT INSURANCE COMPANY F,,DERAL INSURANCE COMPANY urety t../ �n , , BY: .� l. I 1 L(.��l,�lQ..-�� a E. Murray (Attorney-in-fact) (5) 15 Mountain View Road (Address) Warren, NJ 07061 (Address) NOTE: Date of Bond must not be prior to date of contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual, as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact.. .� � � BOND N0. 89800877 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That (1) MCCLENDON CONSTRUCTION COMPANY, INC. as Principal, acting herein by and through (2) Dan McClendon its duly authorized President and (3)VIGILANT INSURANCE COMPANY &* a corporation organized under the laws of the State of NY&IN , as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, A Municipal Corporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort Worth, in Tarrant County, Texas the sum of * FEDEhAL INSURANCE COMPANY ONE HUNDRED TEN THOUSAND SIX HUNDRED FIVE AND 90/100 ................................................ ($110.605.90) in lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however; that, � WHEREAS, the Princip�l has entered into a certain contract with the City of Fort Wo �,(�� t o0 performance of the following described public work and the construction of the following desic�ribed"publ ,� improvements: RECONSTRUCTION OF MARGARET STREET (EL CAMPO TO CALMONT) WITH NEW ASPHALT 1"'' PAVEMENT INCLUDING WATER AND SANITARY SEWER ADJUSTMENTS (CONTRACT 11) of same being referred to herein and in said contract as the Work and being designated as project C115- 020115040553 and said contract, including all of the specifications, conditions and written instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof, � the same as if set out verbatim herein; and , WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during the period One (1) Year after the date of the final �cceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of One (1) Year; and, r"" 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 [he City of Fort Worth, it be necessary; and, '"^ WHEREAS, said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruct said work as herein provided. � 1 r � �"' �. � � � � � NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or rcconstruct said wark in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise this Bond shall be and remain in full force and effect, and said City shall have and recover from the said Contractor and its surety damages i�i the premises prescribed by said Contract. This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS, all parties covenant and agree that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas; and, IN WITNESS WHEREOF, th�s instrument is executed in 8 counterparts, each one of which shall be deemed an original, dated ��N � ��Q� ATTEST: (Principal) Secretary (Seal) INC. PRINCIPAL (4) �l��z,��,� �:� � .�� -t� � Witness as to Pri�ipal� P.O. �X 9� 80.�R1.iE..�, i3� 7�097 (Address) ATTEST: � � � (SEAL) � � ..•� 6� L.� , (Surety) Secretary �,\ "�Sl� � � 'tness as to Surety � .0. Box 8700 Fort Worth, Texas 76124 MCC D CONSTRUCTION COMP Y BY: Title: President �� p�N, PF#�!lID�ENT PO BOX 996 BURLESON, TX 76097 (Address) VIGILANT INSURANCE COMPANY FEDERAL INSURANCE COMPANY Surety � B Y: L2NYl Q.�.C�. �C. •�i�,Q,l,d,( CX..L Tamara E. Murray (Attorney-in-fact) (5) � 15 Moun�.ai,n Vi ew R�acl, Warren, NJ 07061 (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 Surety (4) If Contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. � F6 � I � i� Chubb Surety POWER OF ATTORNEY Federal insurance Company Vigilant Insurance Company Pacific indemnity Company Attn.: Surety Department 15 Mountain View Road Warren, NJ 07059 Ifnow Ali by These Presents, That FEDERAL INSUR�WCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNtTY COMPANIf, a Wisconsin corporation, do each hereby constitute and appoir�t Kyle W. Sweeney , Charles D. Sweeney, Bobby E. Mayo and Tamara E. Murray of Fort Worth, Texas--------- each as their true and lawtul Attomey-in-Fact to execute under such designation in their names and to affa theiP corporate seals to and deliver for and � on their behalf as surety thereon or otherwise, bonds and undertakfngs and other writings obiigatory in the nature thereof (other than bail bonds) given w executed in the course of business, and any instruments amending or aftering the same, and consents to the modification or aReration of any instrument referred to in said bonds or obligations. L� ��, � � LJ �� l�J I�1 I• I•I. �I �I I �J � I�I In Witness Whereof, said FEDERAL INSURANCE COMPANY, VfGILANT INSURIWCE COMP/WY, and PACIFlC INDEMNITY COMPANY have each executed and attested these presents and affaed their corporate seals on this 15 th day o f Novem r, 1999 Y' . � � . � nneth C. Wendel, Assistant Secretary � �� Fra E. Robe n, Vice Presu�lnt STATE OF NEW JERSEY 1 ! sa. County of Somerset On this 15 ttlday ot Novemb er , 19 99 , betore me, a Notary Public of New Jersey, personalty came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPAN`!, and PACIFIC INDEMNITY COMPANY, the companies which execuled the foregoing Power of Attomey, and the said Kenneth C. Wendel being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFlC INDEMNITY COMPANY and Imows the corporate seals thereof, that the seals gfiaed to the foregoing Power of Attomey are such corporate seals and were thereto affaed by authority of the By-Lavvs of said Companies; and that he signed said Power of Attomey as Assistant Secretary of said Companfes by Iike authority; and that he is acquainted with Frank E. Robertson, and Imows him to be Vice President oi said Companies; and that the cignature of Frank E. Robertson, subscribed to said Power o( Attomey is in the genuine handvvriting of Frank E. Robertson, and was thereto subscribed by authority of said By-Laws and in deponents presence. NotarfalSeal I �i`. � r� . OTARY �,' JOANIIE K. R1ISSAK rublle� S1'sie' ;� New deroey � LIC � t' �� Na. 't2: t�dhUB Nota Public f`�� . �� p� June 17, 2�3 ry I�' CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANC COMPANY, and PAClFIC INDEMNITY COMPANY: 'All powers of attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice Preside►tt or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such oKcers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any 5ecretary, any Assistant Secretary and the seai of the Company may be affixed by facsimile to any power of attomey or to any certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes onty of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attomey or certificate bearing such facsimile signature or facsimite seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shali be valid and binding upon the Company with respect to any bond or undertaking to which ft is attached " I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Companies") do hereby certify thffi (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly I'�cerued and autha¢ed to transaet surety business in all 50 of the UnRed States of Arnerica and the Distric� of Cdumbia and are autt�or¢ed by the U. S. Tr�sury Department; further, Federal and Vgilartt are licensed in Puerto Rico and the U. S. Vrgin Islands, and Federal is licensed in American SamQa, Guam, arxl each of the Provinces of Carrada except Prince Edward Istand; and (iii) the foregoing Power of Attomey is true, correct and in full force and effect. • Given under my hand and seals of said Companies at Warren, NJ this day of . �t1yU�N�F �+owN�' C'a ��SrR��c�c+ c+� j `��aarotV�� tio 4 � s� w � � � � 9> > —*— * i� i 2 J� t' * ��I \�1~ 7 1� �OIAN* �SCON��' �yfW YO�� ! Kenneth C. Wendel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MA7TER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety�chubb.com 15�10-0725 (Ed. 4-88) CONSENT ' � CITY OF FORT WORTH, TEXAS CONTRACT � THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT � -1 , This agreement made and entered into this the c�d��f o� 20�.D. , by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters �r within said City of the 11 day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution � duly passed at a regular meeting of the City council of said City and the City of Fort Worth being hereinafter termed Owner, MCCLENDON CONSTRUCTION COMPANY, INC. HEREINAFTER CALLED CONTRACTOR. � WITNESSETH: That said parties have agreed as follows: That for and in consideration of the payments and agreements hereinafter mentioned to be ` made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said owner to commence and complete � the construction of certain improvements described as follows: ' RECONSTRUCTION OF MARGARET STREET (EL CAMPO TO CALMONT ) WITH NEW ASPHALT PAVEMENT INCLUDING WATER AND SANITARY SEWER ADJUSTMENTS (CONTRACT 11) � 2. �"' That the work herein contemplated shall consist of furnishing as an independent a contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Transportation and Public Works and Water Department of the City of Fort Worth and � adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written �? herein. � � ' 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. � C-1 � _J � J J D � .■J .L�J � L�J C! � The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort worth within a period of fortv-five working days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $210.00 per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specification made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. � � n L�J � � L�J � � Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend owner and the Construction manager, their officers, agents, servants, and employees, from and against any and injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner; and said contractor does hereby convenat and agree to assume a111iability and responsibility of Owner and the Construction Manager, their officers, agents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees and invitees whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees or the Owner. Contractor likewise convenants and agrees to, and does hereby, indemnify and hold harmless Owner and Construction Manager from and against any and all injuries, loss or damages to property of the C-2 � � Owner and Construction Mana er durin the erformance of an to the terms and conditions of g g P Y � this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and a1l alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses, or invitees of the Owner. ,] In the event a written claim form damages against the Contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the D Department of engineering, as evidenced by a final inspection, final payment to the Contractor shall not� be recommended by the Department of Engineering to the Transportation and Public Works Department for a period of thirty (30) days after the date of such final inspection, unless � the Contractor shall submit written evidence satisfactory to the Department of Engineering that the claim has been settled and a release has been obtained from the claimant involved. D Although the claim concerned remains unsettled at the expiration of the above 30-day period, the Contractor rnay be deemed to be entitled to a semi-final payment for work completed, such semi- final payment to be in an amount equal to the total dollar amount then due less the dollar value or � any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Department of Engineering. OThe Director of the Department of Engineering shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months a following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: � (1) The claim has been settled and a release has been obtained from the claimant involved, or (2) Good faith efforts have been made to settle such out-standing claims, and asuch good faith efforts have failed. � If condition (1) above is met any time within the six (6) months period, the Department of Engineering shall recommend that the final payment to the Contractor be made. If condition 92) above is met at any time within the six (6) month period, the Department of Engineering may 0 recommend that the final payment to the Contractor be made. At the expiration of the six month period the Director may recommend that final payment be made if all other work has been 0 performed and all other obligations of the Contractor have been met to the satisfaction of the Department of Engineering. The Director of Department of Engineering may, if he deems it appropriate, refuse to accept bids D on other City of Fort Worth Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. LJ � � C-3 � I] 7. � The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the � faithful performance of the terms and stipulations of the Contract and for the payment to a11 claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in � the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the said surety sha11 be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. ■J : � Said City agrees and binds itself to pay, and the said Contractor agrees to receive, for a11 of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment � will be made in monthly installments upon actual work completed by contractor and accepted by � the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates n/a shall be ONE HUNDRED TEN THOUSAND SIX DHUNDRED FIVE AND 90/100 ($110,605.901 •l I� � � It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of the Department of Engineering. 10. The Contractor agrees to pay at least the minimum wage per hour for a11 labor as the same � classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. � �� u �aJ � C-4 �� 11. � The Contractor shall procure and shall maintain during the life of this contract insurance as specified in Paragraph 8 of Special Instruction to Bidders of this contract documents. � 12. � It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this �j Contract, and the Contractor agrees to fully comply with all the provisions of the same. L� IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed D in 8 counterparts in its name and on its behalf by the City Managers and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in �, counterparts with its corporate seal attached. � � �� ? L� 0 C� � � � � � C-5 ' � JAN p 4 2000 Done in Fort Worth, Texas this the day of A.D., � RECOMMENDED: � �°�� - �� DIRECTOR, DEPARTMENT OF � ENGINEERING .,,� CW � � � ' � ' � � ' � � ' � CITY OF FORT WORTH BY: � ASST. CITY MANAGER CW APP V . /%_ / . 7yl TRANSP T�iiuiv/i'UBLIC WORKS DIRECTOR ATTEST: MCCLENDON CONSTRUCTION COMPANY, INC. CONTRACTOR �6 i _-�Q,�/ CITY SECRETARY (SEAL) BY: DA�I N4cGLEF8D0�, Pf��DENT TITLE PO BOX 996 BURLESON. TX 76097 ADDRES S November 1960 Revised May 1986 Revised September 1992 Revised January 1993 G C-6 APPPROVED AS TO FORM AND LEGALITY ; ASST. C Y ATTORNEY � � �� v� Contract AuthorizatiOn � � �-� � Date City of Fort Worth, Texas A or A11d ~au�tc�l omr»un�cAt�ian �� C C DATE REFERENCE NUMBER LOG NAME PAGE 1/4/00 **C-17806 30MARGE . 2 of 2 SUBJECT AWARD OF CONTRACT TO MCCLENDON CONSTRUCTION COMPANY, INC. FOR RECONSTRUCTION OF MARGARET STREET (EL CAMPO TO CALMONT) WITH NEW ASPHALT PAVEMENT INCLUDING WATER AND SANITARY SEWER ADJUSTMENTS (CONTRACT 11) This pr.oj:ect is located in COUNCIL DISTRICT 7, Mapsco 48W and 62A. In addition to the contract cost, $1,115.00 is required for inspection/survey and $800.00 is provided for project contingencies for water and sewer. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the Commercial Paper-Water and Sewer Funds, and the Street Improvements Fund. MG:k �,r , Sub;mitted for City Manager's Office by: Mike Groomer Originating Department Head: I FUND I ACCOUNT I CENTER I AMOUNT � (t0) � 6140 I CITY SECRETARY � AP�ROVED CITY COUNCIL A. Douglas R�demaker Additional Information Coatact: ' A. Douglas Rademaker 6157 � (from) IC115 541200 PS46 541200 � PW77 541200 6157 � 020115040553 $94,685.90 070460133970 $ 9,200.00 060770154130 $ 6,720.00 , I A N 4 2000 ,�qut ��+�a./ �kt� �S�t�t"� ot t i�#-�- � City of Fort Worth, Texas �irl'jA�ar And Cauncil Co�n�nun�cAtian DATE REFERENCE NUMBER LOG NAME PAGE 1/4/00 **C-17806 30MARGE 1 of 2 SUBJECT AWARD OF CONTRACT TO MCCLENDON CONSTRUCTION COMPANY, INC. FOR RECONSTRUCTION OF MARGARET STREET (EL CAMPO TO CALMONT) WITH NEW ASPHALT PAVEMENT INCLUDING WATER AND SANITARY SEWER ADJUSTMENTS (CONTRACT 11) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with McClendon Construction Company, Inc. in the amount of $110,605.90 for the reconstruction of Margaret Street (EI Campo to Calmont) with new asphalt pavement including water and sanitary sewer adjustments. DISCUSSION: The 1998 Capital Improvement Program included funds for the improvement of Margaret Street from EI Campo to Calmont. The street improvements will include 6-inch lime stabilized subgrade and HMAC pavement (Alternate No. 2), construction of standard concrete curb and gutter, driveway approaches, and sidewalks where shown on the plans. The Water Department has determined that water and/or sanitary sewer lines and sanitary sewer manholes will be replaced prior to street reconstruction. This project was advertised for bid September 16 and 23, 1999. The following bids were received October 14, 1999: Bidders McClendon Construction Company, Inc APAC-Texas, Inc. Jackson Construction, Inc. Branch & Sons Contractors Stabile & Winn, Inc. J. L. Bertram Construction Amount Bid With Alt No. 1 $111,585.00 $121,971.30 $133,953.40 $139,232.50 $139,338.30 $143,410.40 Amount Bid With Alt No. 2 $110,605.90 $118,396.40 $133,941.00 $117,893.00 $117,893.00 $142,176.76 Time of Completion 45 Working Days Alternate Nos. 1 and 2 were 3-inch HMAC over 8-inch cement stabilized street pulverization and 5-inch HMAC over 6-inch stabilized subgrade, respectively. Alternate No. 2 is recommended because it will provide a superior pavement section at a lower cost. The contingency for possible change orders for street reconstruction is $6,000.00. McClendon Construction Company, Inc. is in compliance with the City's M/WBE Ordinance by committing to 6°/o M/WBE participation and documenting good faith effort. McClendon Construction Company, Inc. notified several M/WBE's of subcontracting and supplier opportunities, however, the M/WBE's contacted did not respond or submit the lowest bid. The City's goal on this project is 14%.