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HomeMy WebLinkAbout025626 - Construction-Related - Contract - D.R. Utilities, Inc., � D- �: � a �� ,��. c��r sc�REUUtY ✓ `� , ,� ��-�� � . D.O.E. F'�,E -� �` co��c�= ��MG ca. SPECIFICATIONS / _ C�?NSTRUGiON`S COPY �ONTR CT IVO Y� 5� °�c.� AND C�.��f�T DEP/1RTMENR ,�v J CONTRACT DOCUME�t'TS ' C o�,� 0'• � � ^ FOR � L' y2 ' WATER REPLACEMENT CONTRACT 98EE CLARA ST. FROM W. ROSEDALE ST. TO MISTLETOE �B�.VD., DOE # 2289 HAWTHORNE AVE. FROM WARNER RD. TO IFOREST PA1tK BLVD., DOE # 2311 McPHERSON ST. FROM STADIUM DR. TO ROGERS AVE., DOE # 2312 MISSION AVE. FItOM GRA.NBURY RD. TO BEWICK ST., DOE # 2313 TOWNSEND DR. FROM DICKSON ST. TO BIDDISON ST., DOE # 2314 WAT'ER PROJECT NO.: PW53-060530175190 KENNETH L. BARR MAYOR B OB TERRELL CITY Mf'�NAGER w� � �` � � 9 ,�, GU ��V"UWIS �1L7Vo�� C��l ���Q ° °� . ��o �G���l, ���o , A. DOUGLAS RADEMAKER, P.E., DIRECTOR DEPARTMENT OF ENGINEERING PREPARED�BY DEPARTMENT CS�F ETIGINEERING �,' .� � � g � j = � h � � � � � a _ �- � � � � 1 Y� ` ' .�,.e. �� ..� _,.. m City of Fo�t Worth, Texas Nlayor and Council Communication DATE REFERENCE NUMBER LOG NAME 2isloo **C-17845 I 30DRU PAGE of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO D. R. UTILITIES, INC. FOR WATER REPLACEMENT CONTRACT 98EE IN CLARA STREET FROM WEST ROSEDALE STREET TO MISTLETOE BOULEVARD; HAWTHORNE AVENUE �ROM WARNER ROAD TO FOREST PARK BOULEVARD; MISSION AVENUE FROM GRANBURY ROAD TO BEW(CK STREET; AND TOWNSEND DRIVE FROM DICKSON STREET TO BIDDISON STREET , RECOMMENDATfON: It is recommended that the City Council: 1. Authorize the transfer of $458,095.50 from the Water and Sewer Operating Fund to the Water Capital Project Fund; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $458,095.50 from available ftands; and 3. Authorize the City Manager to execute a contract with D. R. Utilities, Inc. in the amount of $409,013.50 and 55 working days for Water Replacement Contract 98EE in Clara Street from West Rosedale Street to Mistletoe Boulevard; Hawthorne Avenue from Warner Road to Forest Park Boulevard; Mission Avenue from Granbury Road to Bewick Street;, and Townsend Drive from Dickson Street to Biddison Street. DISCUSSION: The Water Department has determined that the water lines in Clara Street, Hawthorne Avenue, Mission Avenue and Townsend Drive need to be replaced prior to paving improvements. The paving improvements will be done under one of Transportation and Public Works' street maintenance contracts. This project was advertised for bid October 14 and 21, 1999. The following bids were received November 11, 1999: BIDDERS D. R. Utilities. Inc. Daviia Construction, Inc. M.E. Burns Construction, Inc. ' Mid-State Utilities, Inc. William J. Schultz, Inc. d/b/a Circle "C" Construction Co. Conatser Construction, Inc. Jackson Construction, Inc. Burleson Utilities, Inc. AMOUNT $409.013.50 $418,485.25 $449,971.50 $455, 785.00 $460,649.50 $461,410.00 $463,206.25 $492,464.35 T(ME OF COMPLETtON 55 Working Days The low bidder, D. R. Utilities, Inc., is in compliance with the City's M/WBE Ordinance bv committinq to m City of Fo�t Worth, Texas Mayor and C,ouncil Communication DATE REFERENCE NUMBER LOG NAME PAGE 2/8/00 **C-17845 I 30DRU I 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO D. R. UTILITIES, INC. FOR WATER REPLACEMENT CONTRACT 98EE IN CLARA STREET FROM WEST ROSEDALE STREET TO MISTLETOE BOULEVARD; HAWTHORNE AVENUE FROM . WARNER ROAD TO FOREST PARK BOULEVARD; MISSION AVENUE FROM GRANBURY ROAD TO BEWICK STREET; AND TOWNSEND DRIVE FROM DICKSON STREET TO BIDDISON STREET 18% M/WBE participation. The City's goal on this project is 18%. � Water contingencies for change orders are $20,451.00, and $28,631.00 for associated construction inspection and survey. FISCAL INFORMATION/CERTIFICATION: The Finance Director cer�ifies that upon approval and completion of recommendation 1, and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water Capital Project Fund. MG:j Submitted for City Manager's Office by: Mike Groomer Originating Department Head: A. Douglas Rademaker � FUND � (tO) � 1&2) PW53 6140 I 2) PW53 2) PW53 � 6157 � (from) � ACCOUNT � CENTER 472045 060530175190 541200 Q60530175190 531350 030530175990 � AMOUNT $458,095.50 � $429,464,50 � $ 28,631.00 CITY SECRETARY APPROVED 2/S/00 � ' �� � � - . City of Fort Worth, Texas � Mayor and C,ouncil �Communication DATE REFERENCE NUMBER LOG NAME PAGE 2/8/00 **C-17845 I � 30DRU 3 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO D. R. UTILITIES, INC. FOR WATER REPLACEMENT CONTRACT 98EE IN CLARA STREET FROM WEST ROSEDALE STREET TO MISTLETOE BOULEVARD; HAWTHORNE AVENUE FROM WARNER ROAD TO FOREST PARK BOULEVARD; MISSION AVENUE FROM � GRANBURY ROAD TO BEWICK STREET; AND TOWNSEND DRIVE FROM D(CKSON STREET TO BIDDISON STREET � 1) PE45 538070 0609020 $458,095.50 � ORD. NO. 14083 Additional lnformation Contact: 3) PW53 541200 060530175190 $409,013.50 � A. Douglas Rademaker 6157 0 ^. � � r' SPECIFICATIONS AND CONTRACT DOCUMENTS FOR WATER REPLACEMENT CONTRACT 98EE CLARA ST. FROM W. ROSEDALE ST. TO MISTLETOE BLVD., DOE # 2289 HAWTHORNE AVE. FROM WARNER RD. TO FOREST PARK BLVD., DOE # 2311 McPHERSON ST. FROM STADIUM DR. TO ROGERS AVE., DOE # 2312 MISSION AVE. FROM GRANBURY RD. TO BEWICK ST., DOE # 2313 TOWNSEND DR. FROM DICKSON ST. TO BIDDISON ST., DOE # 2314 WATER PROJECT NO.: PW53-060530175190 KENNETH L. BARR MAYOR BOB TERRELL CITY MANAGER A. DOUGLAS RADEMAKER, P.E., DIRECTOR DEPARTMENT OF ENGINEERING � � PREPARED BY DEPARTMENT OF ENGINEERING U���'�����'� h`��';;�-'3;C� . �GO�'v �S�'�.°�C��G?�� �Uo � l','�IIU4 UI�`�a � � TABLE OF CONTENTS � t'� � � � � � �� r � �� � � � 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Notice to Bidders Special Instructions to Bidders Part B-Proposal Minority and Women Business Enterprises Specifications Part C-General Conditions Part D-Special Conditions Section E-Specifications Certificate of Insurance Contractor Compliance With Worker's Compensation Law Performance Bond Payment Bond Maintenance Bond Part G-Contract ����O�G01�� �����G�D I� �� �Ci���G��U1�1c�1U ��, �G:��� �� �o � � NOTICE TO BIDDERS � Sealed proposals for the following: WATER REPLACEMENT CONTRACT 98EE ►d CLARA ST. FROM W. ROSEDALE ST. TO MISTLETOE BLVD., DOE # 2289 � HAWTHORNE AVE. FROM WARNER RD. TO FOREST PARK BLVD., DOE # 2311 McPHERSON ST. FROM STADIUM DR. TO ROGERS AVE., DOE # 2312 MISSION AVE. FROM GRANBURY RD. TO BEWICK ST., DOE # 2313 �" TOWNSEND DR. FROM DICKSON ST. TO BIDDISON ST., DOE # 2314 PROJECT NUMBER: PW53-060530175190 � Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 P.M., Thursday, November 11, 1999 and then � publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of �.,. Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of documents will be provided to prospective bidders for a deposit of $20.00; such deposit will be refunded if the document is returned in good condition within 10 days after bids are opened. Additional sets may be purchased on a non-refundable basis � for twenty dollars ($20.00) per set. � Bid security is required in accordance with the Special Instructions to Bidders. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within forty-nine (49) days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871-7910. In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. R"' 13471, the City of Fort Worth has goals for the participation of minority business � enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The bidder shall submit the � � ,�II �. �, ��i������^�� l ������u!�UU��� Gz�'�:,'.: ��1� (��U Y G'L7,vG��"" "U0.Y �y � �i�tl'1� 1117J�u MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render your bid non-responsive. For additional information, contact Jim Deeter, P.E. @ 871-7803. BOB TERRELL CITY MANAGER Advertising Dates: October 14, 1999 October 21, 1999 � � I � r i P i GLORIA PEARSON CITY SECRETARY Department of Engineering A. Douglas Rademaker, Director B / //�"L� L'�`�I %'."V(. t�'��-' Y �v���ohn Firing, P.E. Man�lger, Engineering Services � �� SPECIAL INSTRUCTIONS TO BIDDERS �" 1) PREOUALIFICATION REOUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and fmancial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other �— documents the Department may deem necessary, to the Director of the Water Deparhnent at least seven (7) calendar days prior to the date of the opening of bids. L a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate �, State licensing agency and shall have been so prepared as to reflect the fmancial status to the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. � b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the fum seeking qualification in work of both the same nature and technical level as �^• that of the project far which bids are to be received. ^ c) The Director of the Water Deparhnent shall be the sole judge as to the acceptability for fmancial r,,, qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. �, e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. fl Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. g) The City wiil attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. � 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute � the Contract Documents within ten (10} days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U. S. Treasury List, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must � be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus. 3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the contract price will be required, Reference C 3-3.7. �, 4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth, Texas, and as set forth in the Contract Documents must be paid on this project. � � '' � �I���CO��,� �'��GJ °�D � ��`� ��'�G���G��l �� �G.�G�� ���, 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresidenYs bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a compazable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate pazent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is $25,000.00 or less, the contract amount shall be paid within forty- five (45) calendar days after completion and acceptance by the City. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the bases of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. u��U'd����4'�� �'�CJ°�D ��0�`v' ������G� ° °� (�o �u<<,��p �[�e _ � � r� � ,r � � ' I� LJ � � il �� � r 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No. 13471, the City of fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received by the managing deparhnent no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made: Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. 12. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. Revised 1/27/99 U���r��� °'����� ���'1"1 ��'�G��QQ� �o � � ��C�W ���o � � I' : ' : ����7��7.Y:��1 This proposal must not be removed from this book of Contract Documents. � TO: Bob Terrell Fort Worth, Texas City Manager Fort Worth, Texas �'' PROPOSAL FOR: The furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of approximately 5900 L.F. of 8 Inch Water Pipe and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: WATER REPLACEMENT CONTRACT 98EE CLARA ST. FROM W. ROSEDALE ST. TO MISTLETOE BLVD., DOE # 2289 HAWTHORNE AVE. FROM WARNER RD. TO FOREST PARK BLVD., DOE # 2311 McPHERSON ST. FROM STADIUM DR. TO ROGERS AVE., DOE # 2312 ;., MISSION AVE. FROM GRANBURY RD. TO BEWICK ST., DOE # 2313 TOWNSEND DR. FROM DICKSON ST. TO BIDDISON ST., DOE # 2314 � Water Project No. PW53-060530175190 Pursuant to the foregoi�.g 'Notice to Bidders', the undersigned Bidder, having thoroughly �, , examined the Contract Documents, including plans, special contract documents, and the �` General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the � prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully �� complete the work as provided in the Plans and Contract Documents and subject to the , inspection and approval of the Director of the City Engineering Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a � contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within � the time stated and for the following sums: �� � �:;��'�u�� ��� G��;����G�D ���. ��tif � �r� G���a�� B-� ����� �,� �,����p ���o UNIT I: WATER ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) 1. 67 L.F. 6-Inch Water Pipe *, D-19,D-23; Per Linear Foot: �c�r� ���T�i — /' i 1� �- Dollars and � , � � Ii Cents , � 2. 5865 L.F. 8-Inch Water Pipe *, �v $2� 5� $�7b� D-19,D-23; Per Linear Foot: 1 T,�, �.� � �i - . � i x Dollars �, �� � ��� and � /1/v Cents $ ,s-, lo . $ � � >2 � �� . 3. 60 L.F. 12-Inch Water Pipe *, D-19,D-23; Per Linear Foot: � � � , .� Dollars �>� �j ar_d i�„� Cents $�� . $ / 9��• 4. 6 EA. 6-Inch Gate Valve w/ Cast Iron Box and Lid, D-17; Per Each: S i x , � � ov . �u r�dr � 1�I S� �� Dollars $ [O, �� $ -- � �-�J , and /�/�> Cents 5. 13 EA. 8-Inch Gate Valve w/ Cast Iron Box and Lid, D-17; Per Each v� Se vF � < ,9 � <.� n f f'/c� ��;�,�r�rX ,�� Dollars $ /.���%. � $� / S �, and /►�i> Cents � i�iuril(� � ,`'.. �c;'�(!�(� e D . ,:��,:�C�--� ,..�V�D li'IZ ��r.;��i�. s �!DJ/ .: L� � � � G_�G � UUa UUV�UC:��Wy �lSG�o (� 6. 2 EA. 12-Inch Gate Valve w/ Cast Iron Box and Lid, o� D-17; Per Each l ��- ���., � �/1/� T vi�s��� �-/,� A�Tr��Dollars $��� and /�v Cents �G� � �� � �� 7. 3 Tons Gast Iron/ Ductile Iron Fittings, D-18; Per Ton i c.�J fi Dollars c�% � and / /U Cents $ �CJOI�, $ �jn�� 8. 6 EA. Standard Fire Hydrant, 3'-6" Bury Depth; Per Each � � �l� / ' I % %hh uS�indt � �' ` . �ollars �,� � �� and /\�L� Cents $��)/`j, $ ���, 9. 12 L.F. Fire Hydrant Bbl. Extension; Per Linear Foot: � � r� E'_ ��,�r� Dollars and /(/; � Cents 10. 5 EA. Remove Existing Fire Hydrant, D-16; Per Each � j�/F /G%h„/r�G�- Dollars and /�/C� Cents 6j $ /l�, � $ 30�. $3�G�, °% �j $� 11. 90 L.F. 6-Inch Cl. 51 DIP, for Sanitary Sewer Replacement at Variable Depth, D-9; Per Linear Foot: �� T�, �`; ft/ -� v o Dollars $.,�� / and � Cents 12. 125 EA. 1-Inch Service Taps to main, D-15; Per Each /h�"eC h'Gtf;��r��/� Dollats and /I/v Cents D% $ 2� s D. �o�,°v $�7so�.�� il,���n�ln '��� r� ,IL� .,;'�ri�''::uG':� U' �'��U�� �B-3 '� V ����' �r�':; ��l°�G?°� r1��{1n,:r (— M [17f R:1 I�l L: �V6��,:J`:�.+�VU� U (/UO 13. 2385 L.F. Install 1-Inch Copper Service From Main to Five (5) Feet Behind the Meter, D-15; Per Linear Foot: � �v �' � � i� li�' � Dollars $ � , - and /�ln Cents 14. 2 15. 10 16. 22 17. 125 18. 1 �i �, EA. Relocate 1-Inch Service Meters and Meter Boxes, D-15; Per Each � � �(,(�I� ��� ��,�r�� Dollars $ o��� and /�/�� Cents EA. Relocate 3/4-Inch Service Meters and Meter Boxes, D-15; Per Each �. ��o i�Gt �i,%'r �/i� Dollars $ .> ��, �" � and /l/d Cents EA. Install Multiple Service Branches For 1-Inch Copper Service, D-15; Per Each �r PP �� Dollars $ 3(�(°� ;�� and /��i� Cents EA. Furnish and Set Class 'A', 'B', and 'C' Meter Boxes, D-15; Per Each �, (� �/�/� ��,^/;'/,����( ����ollars $ ��� , and ///,�� Cents vj $ /�C��( , J/ c�`� $ '7 � , ��i $� , n�� $ '.��1�12. $.������, o� o .�11, / L.S.. Furnish and Lay 2-Inch Pipe and Fittings for Temporary Service, D-22; Per Lump Sum �;� j i�v T��i��Dollars $%�l.'�, $ ���GY,. and ,f /�, Cents � -.,.: n . "7G'i1�'.;�� _ ,�;� �� ..., li _'_ _. ._ . �. � �!'I'u �c���;":;'�1.r,� �~�1C�,U �L��Ou UUr�'��tIlUU9 ��Wo 19. 48 S.F. Concrete Sidewalk Replacement D-11; Per Square Foot FI/ �_ Dollazs ( �� Z y a% and �/U Cents $ ,., ; $ � , 20. 9 S.F. Exposed Aggregate Concrete Driveway Replacement, D-11; Per Square Foot �- 0 v pc� / P. / 1 Dollars $ � �, $ �v, and /j /�) Cents 21. 30 C.Y. Crushed Limestone, D-12; Per Cubic Yard ���Y' � ,�, Dollars � c�i dj and �� �, Cents $ �S , � $ ��. 22. 10 C.Y. Class'B' Concrete (2500#); Per Cubic Yard ,�/ X tl � Dollars � v�' / % and � /I /i � Cents $ C��, $ �ll�%�- 23. 10 C.Y. Class'E' Concrete (1500#); Per Cubic Yard ��� � Dollars U� _ � and /��c� Cents $ , �(�. $ ,� (�� � � 24. 100 L.F. Trench Safety System, D-14; Per Linear Foot: ,�/n Dollars ��j �� and ,�f,�-� Cents $�y � $ _-��, 25. 100 L.F. Extra Depth of Water Mains; Per Linear Foot: �-�/V,� Dollars �v � and �i�� Cents $ /, -! $ ��JD � . �:������uGO�� E'�G��D f,� ; w� e B-5 ..��ti ���G��S °�� ��l�o ��='t�'��o ���{o 26. 385 L.F. Concrete Pavement on 2:27 Concrete Base, Fig. l, D-13; Per Linear Foot: � vv , ��r �l� - �� )�-� Dollars $ ��� , � $ / ��oZS . � and ) ii ,,, Cents 27. 2125 L.F. Minimum 1%Z" HMAC on Reinforced Concrete Base, Per Fig. 2, D-13; Per Linear Foot: 0 � f � /� � i'� Dollars $ � �, � and �i�� Cents 28. 6325 L.F. 2-Inch Hot or Cold Mix Temporary Pavement Repair, Per Fig A, D-24; Per Linear Foot: �/ ��v � 1/� r� Dollars $ / , �� and /��,� Cents TOTAL AMOUNT BID *Type of Pipe Used PVC DR-14: l�" DIP Class 51: i: . $ � % S v% $ �'�,� �� �'% $ ��9 D /�3. �� � _�. ^�: ; ,-�r,���� _ � ; ;i�� ,r'� . ''� . � �r,= � u-.�.- . - '1`. "_r,,,' ;;i�r�',��� �,j!��r� U1 U ,i�V;i;i � _,I,, ��u, ���Jb`:'�(�o ��{. , � � PART B - PROPOSAL (Cont.) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as � required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered �, within the time above set forth, as liquidated damages for the delay and additional work caused thereby. � The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and i.,: conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. ""' The Bidder agrees to begin construction within 10 calendar days after issue of the work � order, and to complete the contract within 55 working days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. �. B. The principal place of business of our company or our parent company or " majority owner is in the State of Texas. „ � � �`���`��=7c0�.� G�:'�C�G�D � �:=��'�� �����G�� ° �1� � B—� �,= ��', C'��!�"�G�➢ ���o I(we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1(Initials) Addendum No. 3(Initials) Addendum No. 2(Initials) Addendum No. 4(Initials) (Seal) Date: /�n,f� ��1� • �� Respectfully submitted, , �� /� f / �,� � � _,�� -�c , BY� � �� Title ' ¢ ___L� �.0 n�/ Address � /��X /��/ �I�L. � %�a _� �� %o�-i�.�/ Telephone:�/ `� - �yi� `�- �-� �/�-a�d-D/ 7� � - �� ,;r r�,r� �� �. ��[.�,�G.��r�D ;, � ,, , _ ,., ,;;c, �. , ,y I( ��i��,; IC:����'� II�.L� �fi��Ci� i �; ; 'u ��. �, , ,1�U G�a VU�JIICIUUU9 �l�(l110 ` n ATTACHMENT 1A � G E"4' T � �� Page 1 of 2 �,;a�,�r�r� of Fort Worth Minorit���i��liomen usiness Enterprise Specifications ° 99 P�0'� 17 ����E UTILIZATION, �.� �f -f i � l � ! e . � � ¢. � ��� v // �>� ,� �" /�vi'� JIE COMPANY NAME BID D ��.�,�- n �t�.��n� �.s-� 9r� 'ROJECT NAME PROJECT NUM�ER �i�_fP� � r�' 1.���� � /���. �� � '1"S MlWBE PRO�CT GOAL: ���� I M/WBE PERCENTAGE ACHIEVED: %�`'_� � '^�lure to complete this form, in its entirety with supporting documentation, and received by the Managing �artment on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will •esult in the bid being considered non-responsive to bid specifications. , : undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE �rms for work listed in this ���iedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered �-responsive to specifications. J � Company Name, Contact Name, certified � Specify All Contracting Specify All Items to be Dollar Amount Address, and Telephone No. - _ Scope of Work (") Supplied(") ,�.� a �> �� � oo �� � x z � � ' � � �,��' ,�a�,�0 �u��/f� ' 1 � �,��y,��.,��a I 1 /� ����L��/l�' " l , S � ; : � �',� y � �,.�_ . . . fi��/<�'�f - -._ _ f�1rh �S� � S'a i�� /3a���1`� � ,,�'�i OO� . /7a-�l c� �J o� �xc ess �r�1� TP�,� ��� . ����s�, se_ l���l +^Xi�l��; � �f��� �� - --.. ��-�f �e�aA �_� _ . z � ��o�D� � . � �Da � � MIWBEs must be located fn the 9(nlne) county marketplace or currently doing business In the marketplace at the time of bid. � I() Specify atl areas in which MWBE's are to be utilized and/or items to be supplied: I I(*1 A complete listing of Items to be supplied is required in order to receive c�edit tovrard the M/WBE goal. ] I('� , dentify each Tier level. Tier: Means the level of subcontracting belowthe prime contracto�/consultant, l.e., a direct payment from the prime contractor to a subcontractor is considered 1" Uer, a payment a subcontrector to its suppller is consldered 2"' tler. n � �,- �. `— U �;:L �l�:��� Uj t1 �i+ ��. ULI —HIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) C17Y BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev. 6I2198 ] city of Fort wortn Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION Company Name, Contact Name, certified - Specify Atl Contracting Specify All Items to be Address, and Telephone No. a � Scope of Work (;j Supplied(') ,�� � oo �m U X � y ~ 2 �S I �� MI i' ,1 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 b I. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their comp� y that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds �' ,r terminating the contract or debarment from City work for a period of not less than three (3) years and for initiat g 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 fr�m participating in City work for a period of time ot less than one (1) year. ALL M s and WB MU E CERTIFIED BY THE CITY BEFORE CONTRACT A�Aj�D � ,• � .� � ���� C� _ �-� �n r, t1, �r� l. ��� C��e, Authorized Signature� Printed Signature >- // � � �i� ,-.��-- • F 'ff t Title � j� /�1�� �/�i� / !� �- Company Name ���� � /��� Address Contact Name and Title (if di eren ) �/i- �'"�%% �%�1 / ��.- ���`�9'-�� �� Telephone Number (s) rP'/7 - �'�o -ol '7 q Fax Number � � �/� � � ��1'�!. � � / ���� _ l�� � %%ll(% . / �% ��' � n7 CitylStatelZip Code � Cfate � � � t � . < � . �;��:L,'��J��I�:;; r -,�,� r,e,� . ,..; ��; � r� � 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. 2/f ATTACHMENT 1A Page 2 of 2 Dollar Amount � C2-2.7 Delivery of Proposal C2-Z.8 Withdrawing Proposals C2-2.9 Telegraphic MoBification of Proposals C2-2.10 Public Opening of Proposal C2-2.11 Irregulaz Proposals C2-2.12 Disqualification of Bidder� C3-3 C3-3.1 C3-3.2 C3-3.3 C3-3.4 C3-3.5 C3-3.6 C3-3.7 C3-3.8 C3-3.9 C3-3.10 C3-3.11 C3-3.12 C3-3.13 C3-3.14 C3-3.15 C4-� C4-4.1 C4-4.2 C4-4.3 C�-4.4 C4-�.5 C4-4.6 C4-4.7 CS-5 CS-5.1 CS-5.2 C5-5.3 CS-5.4 CS-5.5 CS-5.6 CS-5.7 CS-5.8 CS-5.9 CS-5.10 CS-5.11 CS-5.12 CS-5.13 CS-5.1� CS-5.15 CS-5.16 CS-5.17 CS-5.18 AWARD AND E7�CDTION OF DOCUl�iENTS Considezation of Pzoposals Mir.ority Business Entezpise Women-Owned Busir►ess Enterprire compliance Equal Employment Provisions Withdzawal of Proposals �►ward of Contraet � Return of Pzoposal Seeurities Bona6 Execution of Contraet Failure to Execute Contract Beqinninq work In�urance Contractor's Obligations Weekly Payzoll Contractor's Contract Administration Venue SCOPE OF WOR1C 2ntent of Contraet Documents Special Pzovisions Inerea8ed or Deereased Quantities l�,ltezation of Contract Documents Extra work Schedule of Operations Pzoqress Schedules for water and Sewez Plant Facilities C2-2 (4) C2-2 (4) V`�� � � � 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) t2) (2) (2) (2) (4) (�) (�) (4) (7I (7) (7) t8I C4-� C�-4 C4-4 C�-4 C4-4 C�-� C4-4 CONTROL OF iA0R1C 1�►ND l�UTERIALS �►nthozity of Engineer CS-5 Conform.ity Mith Plans CS-S Coordination of Contract Documeats CS-5 Cooperatioa of Contractor CS-5 Emergency and/or Rectification Nozk CS-5 Field Of f ice �-5 Construction Stakea CS-5 Authozity aad Duties of Iaspectors CS-5 Inspectioa �'S Removal of Defective and Ooanthorised Mork CS-5 Substitute Materials or 8quipment CS-5 Samples and Tests of trlaterials CS-5 Storage of trlaterials � CS-5 Existinq Structure� and Dtilitie• CS-5 :nterruption of Service CS-5 Mutual Respoasibility of Contrac��to� -5 Clea�up f - . , �,r�;�� -5 Final In�pcctioo �� ��;��1'':�:. �.�-J U.l]���%��'. �S - ,, - ,..T� :C �I�{'�(?�1�'„tt� U u l�, i�; �ii .(`;;� ;',j'�I�f�'�y �I,�(Nc � u� tl) (1) Il) (2) t2) (3I (4) �1) (1) (2� (2) (3) (3) �3) (4) IS) t5) (5) (6I t6) (7) (7) (8) (8) (9) � � ,� .� �Z� ... � � �� PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, l, 1967 TABLE OF CONTENTS � � � � � i 1 � � �� C1-1 C1-1.1 C1-1.2 C1-1.3 C1-1.4 ci-�.s C1-1.6 C1-1.7 C1-1.8 C1-1.9 C1-1.10 C1-1.11 C1-1.12 C1-1.13 C1-1.14 C1-1.15 C1-1.16 C1-1.17 C1-1.18 C1-1.19 C1-1.20 C1-1.21 C1-1.22 C1-1.23 C1-1.24 C1-1.25 C1-1.26 C1-1.27 C1-1.28 C1-1.29 C1-1.30 C1-1.31 C1-1.32 DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Pzoposal a�aa�r General Conditions Special Conditione Specif ication6 Bond Contzact ?lans City City Council Mayoz City Manaqer City Atiorncy Dizector of Public wozks Dizec�.or, City Water Department Enginee� Contzactoz Sut�tie6 The wozk o= project Workin� Day Calendaz Day Legal Holiday l�bbzeviations Change Ozder Paved Stzeets and J�lleys Uapaved Stzeeti ar►d I�►lleys City Stzeets Roadway Gzavel Stzeet CZ_2 INTERPRETATION AND PREP�►R�TION OF PROYOSI►L C2-2.1 Proposal Form ��_2.2 Interpretatioa of Quantitiea C2-2.3 Examination of Coatraet Documents ana Site �2-2.4 Submittinq of Proposal C2-2.5 Rejection of Proposals C2-2.6 Bid Secuzity C1-1 C1-1 C1-1 C1-1 C1-1 ci-� C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 Cl-1 C1-1 C1-1 C1-1 C1-1 Cl-1 C1-1 C1-1 Cl-1 C1-1 Cl-1 Cl-1 C1-1 Cl-1 C1-1 Cl-1 Cl-1 C1-1 (1) (1) (2) (2) (2) cZ� (2) �2) (2) (3) (3) (3) (3) (3) (3) I3) (�) (4) (4) (�) (4) t4) (4) (�) (4) IS) (6) (6) (6) t6) t�6 ) (6) C2-2 (1) C2-2 (1) C2-2 t2) C�-2 (3I C2-2 t3) C.2-2 ( 3 ) c i � ��;���� cU�:� ����� ��D � �� ��' ����G����� �i � Vt%v � ��Wy U LSWo C8-8.3 C8-B.� C8-8.5 C8-8.6 C8-8.7 C8-8.8 C8-8.9 CB-8.10 C8-8.11 C8-8.12 CB-8.13 Lump Sum Scope of Payment Partial Estimates and Retainage Withholding Payment Final Acceptance Final Payment Adquacy of Desiqn ' General Guaranty Subsidiazy Work Miscellaneous Placement of Material Record Documents ci� C8-8 (1) C8-8 (1) C8-8 (2) C8-8 (3) C8-8 (3) C8-8 (3) C8-8 l4) CB-8 (4) C8-8 (5) C8-6 (5) C8-8 ( 5 ) � � _ --��,����q f'�,�JG°�D '.��ui: �.., t. � r�sRJ1�� 'f����f �N�I?��,yu�l7WN ; �u U C�.-' ��o �u�``'�� ��. � r .. � r ' 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 ,,,� C6-6.1b �I �� C6-6.17 C6-6.18 C6-6.19 C6-6.20 C6-6.Z1 P � � C7-7 C%�%.1 C7-7.2 C7-7.3 C7-7. � 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 � r. C7-7.15 �C7-7.16 � C7-7.17 r'� C8-8 � C8-8.1 C8-B.2 r� , , � r� I.EGAL RELATIONS AND pUBLIC RESPONSZSILZTY Laws to be Observed Permits and Licenses PaLented Devices, Materials and Pzocesses Sanitary Provisions Public Safety and Convenience Pzivileges of Contractor in Stzeets, Alleys, and Right-of-Way Railway Crossing6 Barricades, Warnings and Watchmen Use of Explosives, Drop Weight, etc. Wozk Within Easements Independent Contzactor Contractoz's Responsibility foz Damage Claims Contzactor't Claim foz Damages Adjustment of Relecation of Public Otilities, etc. Temporary Sewez Drain Connections Arzange.ment and Chazges of Water Furnished by City Use of a Section of Portion of the Wozk Contractor's Responsibility foz wcrk No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax PROSECOTION AND PROGRESS Subletting Assignment of Contraet Pzosecution of the work Limitation6 of Operations Character of workman and Equipment Nork Schedule Time of Commencement and Co�apletion Exten6ion of time of Completion Delays Time of Com�letion Suspension by Court Order Temporazy Suspension Termination of Contract due to National Emergency Suspension of Abandonment of the work and Annulment of Contract Fulfillment of Contraet Termination for Convenience of the Onwez Safety Method6 and Practices [�ASUREMENT AND PAYMENT Measuzement of Quantities Lnit Prices C6-6 (1) C6-6 (1) C6-6 !1) C6-6 (2) C6-6 (2) C6-6 t3) C6-6 (4) C6-6 (4) C6-6 (5) C6-6 (6) C6-6 � 8 ) C6-6 (6) C6-6 (10) C6-6 �10) C6-6 (10) C6-6 C6-6 C6-6 C6-6 C6-6 C6-6 (11) (11) (11) (12) (12) (12) C7-7 C7-7 C'I -7 C7-7 C7-7 C�-7 C?-7 C7-7 G7-7 C7-7 C7-7 C7-7 (1) (.1) ll) (2) t2) (3) (4) (� ) (4) (5) l�6 ) (6) C7-7 (7) C7-7 (7) C7-7 t9) C7-7 (10) C7-7 (13) C8-8 tl) C8-8 tl) ��:�i5�6���/�d �'��JQD (3) . ;Y��' �"�'����� L' UD '� I��C:'! 0 U➢ ��UYO C1-1.3 NOTICE TO BIDDE S: All of the legal publications eithez actually publishe��in public advertising mediums oz f urnished dizect tc interested parties pertaining to the work contemplated under the Contract Documents eonstituLes the notice to bidders. C1-1.4 PROPOSALs The eompleted wzitten and siqned offer or tender of a biddez to perfozm the wozk which the Ow�er deiires to have done, together with the bid security, eonstitutes the Proposal, which becomes bindinq upon the Bidder when it is officially zeceived by the Owner, has been publicly opened and read and not rejeeted by the Owner. � C1-1.5 BIDDER: �ny person, persons, firm, partnership, company, aasoci�ation, corporation, acting direetly or through a duly authozised representative, submitting a proposal for performing the work conte,m�lated under the Contract Doeuments, constitutes a bidder. C1-1.6 GE ERP►L COND TION$ : The Genezal Conditions are the usual cons�ruction aa� contzact requirements Mhich qovern the perf ormance of the wozk so that it vill be carzied on in accordance Mith the customary procedure, the local statutes, and requizements of the City of lort �orth's charter and promulgated ordinances. �herever Condition� precedence tbeze may be • confliet betveea the Genezal aad 8peeial Conditions, the lattez shall take and shall qovern. C� 1.7 SP QC��L CQNDZTIONS: Speeial conditions aze the s citic re u rements vhicb are necescary f oz the particulaz pr oject covezed by the Contract Documenta and aot specifically covezed ia the General Conditions. �hen coAeidered vith the Genezal CoAditions and other elemeAts oi the Contraet Documents they provide the informatio� vhicb the Contzactor and Owner should have in order to qain a Lhorough knowledge of tbe project. C1-1.6 SPEC�FZCATIONS: The Specifications is that section oz part of the ontract Doeument� vhich sets iorth in detail the requirements Khich must be met by all materials, constructioa, vozkmaAship, equipment aad service• ia order to zender a completed and useful pzoject. lihenever reference is made to atandard �pecifications, regulations, requirements, statutes, etc., such zeferred to documents shall become a part of the Contract Documents juit aa though they vere embodied thezeia. C1-1.9 SOND: Tbe bond or bonds are the wzitten guarantee oz aecurity turaished by the Coatractor for tbe prompt and Cl-1 ( 2 ) . rr, �D i_ . J.�y;^ li 'r�'���� `V' V D� ^-� , Ui C' a c � � U u� ��;�� �o �V`�%�`:�Wq �l5(N. , .�, � ' � , � � PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contzact Documents the following terms or pronouns in place of thea� are used, the intent and �eaning ihall be understood and interpzeted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contzact Documents are all of the wzitten and draWn documents, such a6 cpecifications, bonds, aadenda, plans, etc., which qovezn the tezms and performance of the contzact. These are contained in the General Contract Documents and Lhe Special Coatract Documents. a. GENERAL CONTRACT DOCUMENTS: The Genezal Contzact Documents govera all water Department Pzojeets and include the followinq itemss NOTICE TO BIDDERS ISample) PROPOSAL (Sample) GENERA.L CONDITI�NS (CITY) (Developer) SFECII►L CONDITIONS SPECIFICATIONS PART A - PART B - PART C - PART D - PARTE- lJ �J �� PERMITS/EASEMENTS PART F - BONDS PART G - CONTR�ICT (Sample) cs�i�� i�h i te iPh i te Canary Yellow Bz ovn Gzeen El-iPh i te E2-Golden Rod E2�-Khite Blue Nhite Nhite b. SPECIAL CONTRACT DOCDMENTS: Tbe Special Contzact Docua►enta are prepared for eacb ipecifie project as a supplement to tbe General Contract Dccumenta and include the followinq items: ' PART A- NOTICE TO BIDDERS above PART B - PROPOSAI. (Bid) � PART C - GENERAL CONDITZONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS � PART F - BONDS PART G - CONTRACT (�►dvertisement) Same as PART H- PLANS (Dsuallp bouad separatelp) � �� 1 ci—i ci� ;______ _. � .��� ��;:� G'��GuG�D �:'.�ti' � �'� G�� ° °�� � �''���q ��o :`�: M�';�����, r, �,.. C1-1.17 DIRE TQR OF PUBLIC WORRS: The duly appointed official of the City o� Fort Worth, refer,red to in the Charter as the City Engineer, or his duly authorized representative. C1-1.18 DIRE TOR ��T� W�TER DEPARTMENT: The duly appointed Dizector of �he �ity Water Department af the City of Fort Worth, Texas, or his duly authorized representntive, assistant, oz agents. C1-1.19 ENGIN ,ER: The Dfzector of Pubiic works, the Dizector ot the Fort �orth City Water Department�, or. thnir c'�ul authorized assistants, agents, engineers, inspectozs, oz superinteadents, actinq wi.thin thc scope of the particular duties entru6ted to them. C1-1.20 CONTRACTOR: The perron, persons, partncr�hip, company, tirm, associatioa, or corpozation, entering into a contzacL with the Owner for the execution of the work, aetinq directly or through a duly authorised repreaentative. � sub-contractor is a peraon, firm, corporation, or others under contract with tbe principal contractoz, 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 su�h bonds are required with and for the Contractor. The sureties engaged are to be fully zesponsible foz the e�tire and satisfactory fulfillment of the Contract and for ar�y and all requirements as set forth in the Contzact Doeuments and approved changes theteio. C1-1.22 THE WOR1C OR PROJECT= The completed vork contemplated in and covezed by the Co�tr�►ct Documents, including but not limited to the f urnishing of all laboz, materials, tools, equipment, and inciaentala necescary to produce a completed and serviceable project. C1-1.23 WORRIN� DAY: �► vorking day is�defined aa a calendar day, not including Sr�turdays, Sundays, and legal holidayc, in which the weather or other coaditions not under the control of the Contractor permit the performaace of the principal unit of work for a peziod of not less than seven (7) hours DetWeen 7:00 a.m. and 6:00 p.m., Mith ezceptions as permitted ia paragraph C7-7.6. C1-1.24 CALENDAR DAYS: 11 calendaz day is any day of the week or month, no days beinq excepted. C1-1.25 LEGAI, HOLIDAYS: Leqal holidays shall be obsezved as presczibed by the City Council of the City of Fort Worth for observance by City employees as follows: C1-1 (�) �;Y;,������p�i� �?C�C�C�G?D �c:�� �(�'r� ° `�1� �,_... ��C:uW'��lao �• � I � � � -•, �li L" -� � �� � � faithful performance of the contract and include the following: a. Pezformance b. Payment Bcnd c. Meintenance d. Pzcposal oz to Bidders, Sond (see paragraph C3-3.7) (see paragzaph C3-3.7) Bond (see pnragrnph C3-3.7) Bid Security (see Special Instructions Part A and C2-2.6) C1-1.10 CONTRACT: The Contraet is the formal signed agzeement between the Owner and the Contractor covering the a�utual under�tanding of the two contracting parties about the project to be completed undez the Contract Documents. C1-1.11 PLANS: The plans are tAe drawings or reproductions theretzoa� made by the Owmer'� zepresentative showinq in detail the location, dimension and po6ition of the vazious elements of the project, including such pzofile6, typieal crose-sections, layout diaqrams, working dzaWings, pzeliminary drawing6 and such supplemental drawings as the Owner may issue to clazify other drawings or for the puzpore of showinq changes in the work hereinaftez authotized by the �wnet. The plans aze usually bound 6eparatcly fzom othez parts of the Contract Documer�ta, but they are a part of the Coatract Documents just as though they were bound tt�ereii�. C1-1.12 Cl2Y: The City of Fort Worth, Texas, a municipal corporation, authozized and chartered uadez the Texas State Statutes, acting by and thzough its govezning body or its City Manger, each of whieh is zequired by charter to perform specific duties. Responsibility for final eaf ozcement of Contracts involving the City of Port iiortl, is by Charter vested in the City Manager. The terms City and Owaer are syncnymous. C1-1.13 CITY COpNCi�,: The duly elected and qualified governing body ot the City of Fort North, Texas. C1-1.14 MAYOR: The officiallp eleeted Mayer, or in his absence, the Mayor Pro tem of the City of Fort fAorth, Texas. C1-1.15 CITY MANAGERs The officially appointed and authorized ' City Manager ot the City of Fort i�orth, TeYas, or hi� duly authorized representative. � C1-1.16 CITY �TTORNEY: Tbe offieially appointed City 7�ttozney of the City o�ort Worth, Tesas, oz hfs duly authorised representative. , , � Cl-1 ( 3 ) „:'���D G��Q �'�C�JQ� �:; DU U c�)��� �j„1151fW� U �rUo �TJI�:�h;�L'Wy �ISW. C3-1.27 CAANGE ORDER: A"Change Ordez" is a wzitten supplemental agreement between the Owner and the Contractor covering some added oz 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 quantitie� stated in the proposal aze not the subject matter of a Change Order unless the iaczense or decrense is more thaa 25i of the amount of the particular item cr items in the oriqinal proposal. All 'Change Order�• shall be prepared by the City fzom information as necessary furnished by the Contzactor. Cl-1,� 7R P��1FT1 R'�REETS AND �LLEYSs 1► paved street or alley shallybe e�ined a� a stzeet ot alley having one of the f ollowing types of wearing surfacei applied ovez the natural unimproved surfaces 1. �,ny type oi aaphaltic concrete vith or vithont sepnrate base matezial. 2. Any type of asphalt suzface treatment, not ineluding ao oiled •uzfaee, �itb oz Mitbout separate bace material. 3. Brick, with oz vithout separate base material. 4. Concrete, vith or without aeparate base matezial. 5. P►�y combination of the above. C1-1.29 IINPAVED STRE$TS OR ALLEYS: J►n unpaved atreet, alley, zoadway or othcz surtace i� any area except those defined above for •Paved Streets and Alleys.• Cl-l. 30 C2TY ��}tEETS: y 7► city street is defined as that area between the ri t-of-va line� as the �treet is dedieated. C1-1.31 ROADi4AYs pazallel lines two ( 4' ) f eet back of exists. The roadvay is defined as the azea between (2') feet back of the eurb lines or four tbe average edge of pavement ahere no curb C1-1.32 GRAVEL STREET: J1 qravel street is any unpaved street to wh�ch ha6 been added one or more application� of gravel or .similar material other than the natural material found on the street surface before any impzovement va� made. C1-1 (5) � �G�[�A!�01�_�.; ���C�� °?� � ���q i.�:r'��;�" ��i:v U':LI�N�? U �,��. 19PlV��':�Wo �L�W. , � � ' � � � � � � � � � 1. 2. 3. 4. 5. 6. 7. 8. 9. New Yeaz'6 Day M. L. 1Cing, �r. Birthday. Nemorial Day Indepen�ence Day Labor Day Thnnksgiving Day Thanksgiving Friday Christmas Day Such other days in lieu of holidays as the City Council mny determine January 1 Third Monday in January Lasi Monday in i+iay July 4 Fizst Monday in Septembet Fourth Thursday in November Fourth Fridny in Novembez � December 25 When one of the above named holidays oz a special holiday is declazed by the City Council, falls on Satuzday, the holiday shall be observed on the pzeceding Pziday or if iL falls on Sunday, it shall be observed on the following Monday, by those employees wozking on working day operations. Employees Workinq calen3az day operations will considez the calendar holiday as the holiday. C1-1.26 ABBREVIATIONS: Wberevez the abbzeviationr defined her�in appeaz in Contr�act DocumeAt�, the intent and meaning shall be a6 fo�.lows: AASHTO - ASCE - LAw - AS TM - AWWA - ASA - HI - Asph. Ave. Blvd. CI CL GI Lin. lb. MB Max. American J►aaociation of l�GD State Highway Transportation Officials Amezican SocieLy of Civil Engineers In Accordance With American Society of Testing Material� Aa�ezican Wat�z work� Asaociation Amezican Standardi Association Hydraulic tnstitute - Asphalt - Avenue - Boulevard - Cast Sron - Center Line - Galvanized Zron - Linear or Lineal - Pound - Manhole - l�laximum C1-1 (5) - t+lillion Gallons Pez Day CFS - Cubie Foot pez Second Irii n. - Mi n imum Mono.- Monolithic • - Percentum R - Radius I.D. - inside Diameter O.D. - Outside Diameter Elev.- Elevation F - Fahrenheit C - Centiqrade In. - Inch !'t. - loot 8t. - Stzeet CY - Cubic Yard Yd. - Yard SY - Squaze Yard L.F. - Linear Foot D.I. - Ductile Iron ���g����� °�� �}���Q� (u � � U ��'v �� UL''U� Y Il Vo OU�:J�1�IlU9 �LylNo i forms or other parts of the Contract Documents will be considezed as approximete only and will be used for the purpose of compazing bids on a uniform basis. Payment will be made to the Contractor foz only the actual quantities of work perfozmed oz materials furnished in striet accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be inereased or decreased as hereinafter provided, without in any way invalidatinq the unit prices bid or any other zequirements of the Contract Documents. C2-2.3 EXAMiNAT2�N �F �n�? f:T DpCUMENTS AtaD SSTE oF PROJE�' Bidders are advised that the ��ontract Documents on file wif'h the Owner shall constitute all of the information which the Ownez �ill furnish. All additional information and data which the owner will supply after promulgation of the formal contzact documents shall be issued in the f orm of vritten addenda and shall become part of the Contzact Docun�ents just as thouqh sueh addenda Were aetually written into the original Contraet Documents. Bidders are required, prior to the filing of proposal, to zead and become familiaz pith the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent researcb and investigations, tests, boring, and by such other means as may be necessary to qain a complete knowledge of the conditions which vill be encountered during the construction of tbe project. They must judge foz tbemselves the diffieulties of the vork and all attendinq cizcumstance6 affectinq the cost of doing the work or the time requi;ed f or i tr comple tion, and obtain all information ze�uized to make an intelligeat proposal. No iaformation giveA by the OWnez or any representative of the Owner other than that contained in the Contract Documents and offieially promulqated addeada thereto, �hall be bindinq upon the Owner. Bidders shall rely exclurively and solelp npon theiz own estimates, investiqation, reseazch, tests, ezploTations, 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 i� prima-f acie evideace that the bidder has made the investiqations, exeminations aAd�tests herein required. Claims for additional compensation due to vaziations between conditions actually eAoountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borinqs, if a�y, showiag oa the plans are for general information only and may oot be correct. Neither the ' _ • _ ,. l.� ifi�l(`� � �,v;,� ` ;�����;�v �; � �., JG� .. p�� �;�''� �� �L�''�°'�� cs—� c z � � � �G� �� �., �'�,� �a �1 �� a � � � � � w � SECTION C - GENERAL CONDITZONS C2-2 INTERPRETATION AND PREPARATION OF PR�POSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will fuznish bidders with pzoposal iorm, which Will contain an itemized li6t of the items of wozk to be done or materials to be f uznished and upoa which bid pziceb aze zequested. The Proposal f orm will ctate the Biddez'6 general understanding of the ptoject to be completed, pzovi�e a�pace f oz fuznishing the amcunt of bid security, and state the ba6is foz entezinq into a formal contract. Tbe Owner will fuznish fozms for the Bidder's •Expezience Record,' "Equipment 5chedule," and "Pinancial Statement,• all of �hich mu�t be propezly executed and filed with tbe Dizectoz of tbe City Water Depnrtment one week prior to the hour for openinq of bids. The financial statement requized 6ha11 have been prepazea by an independeni certified public accountant or aA independent public accountant holdiaq a valid pezmit isaued by an appzopriate state licen6iaq aqency, and shall have been so pzepared a� to zef�ect the curzea� financial �tatus. Thi� statement must be cuzzeat and �ot moze than one (1) year old. In the case that a bidding date falls witbin the time a new 6tatement ia beiaq prepared, the pzevioui atatement ahall be up�ated by pzoper verificat�on. Liquid aesets fr, tbe amount of ten (10�) pezcent of the estimated pzoject cost �ill be required. Foz an experience record to be considered to be acceptable for � a qiven prcject, it must zeflect the expezience of the firm � seeking qualifieation in vork of both the same natuze and magnitude as that of tbe project foz which bids aze to be '~� zeceived, an� svch espezience must have been on projects j�j completed not moze thaa five (5) yeazs prioz to the date on which are to be zeceived. The Dizectoz of the Watez � department shall be tolc judge as to the acceptability of experience for qualification to bid on any Fort iiorth Water Depaztment project. ' �'I �� i�� � The pzospective bidder shall schedule the equipmeot he has available for the project and state tbat he Mill zeat such additional equipment as may be zequired to complete the project on which he submits a bid. C2-2.2 INTERPRET�TION OF �IIANTITIE : Tbe quantitiea of vozk and materials to turnished as may listed it� the proporal C2-2 (1) "����C��:� �����Q@ ����' ���'��� °1�� . �� (���;.��I, �[�r�. C2-2.7 DELIVERY OF PROPOSAL: No pzoposal will be considezed unless it is delivered, a�ccompanied by its pzopez Bid Se cuzity, to the City �anagez or his zepresentative in the offieial place of business as set forth in the "Notice to Bidders.• It is the Hidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Biddzr mu�t have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," a�8 the name or description of the project as designated in the •Notice to Bidders.' Tbe envelope 6ha11 be addzessed to the City Manager, City Sall, Fort worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Pzoposals actually filed with the City Manager cannot be witt�drawn prior to the time set f or opening pzoposals. 11 request for non-eoasideration of a proposal muat be made ia wziting, addressed to the City Manager, and filed witb him prior to the tiane �et for the openinq of proposalc. l�ftez all proposals not requested for non-con�ideration are opened and publicly read aloud, the proposals foz which nea-consideration requests have been pzoperly filed �, at the option of tbe Owaer, be returned unopened. C2-2.9 TELEGRAPHSC MODI�ICATION OF PROPOSALS: �►ny bidder may mod�ry h�s proposa'1 by te egzaphic communicayion at any time prior to the time set fos opeaing pzoposals, provided such telegraphic communication is zeceived by the City Manager prior to the said proposal opening time, and pzovided furthez, tbat the Citp Manaqer is satisfied tbat a vrittea and duly authenticated coafirmation of such teleqrapbic communication over the siqnature of the bidder Mas mailed prioz to the proposal openinq time. Zf aucb confirmatioo is not received withia forty-eiqht t48) bours after tbe proposal opening time, no further coasideration �ill be given to tbe proposal. C2-2.1 0 PIIBLIC OP NG O! P OPOS7�, proporal• vbieh have been pzoperly filed aA�or Mhic� no �oa-ccniidezatioo Request• has been zeceived will bc publicly opened and read aloud by the City Managez oz his authorize3 repzes'entative at the time and place indicated in the •Notice to Bidders.• �11 proposals which have been opened and read vill remaia oa fil� Mith the Owner until the contract has been awarded. Bidders or their authorized repzesentatives are iavited to be preseat f or the opening of bids. C2-2.11 IRRE�tTLAR �R� OSALSs Proposals sball be con6idered aa being Izregu ar i��ey sbow any omissioos, alterations of form, additions, or conditions not call�d for, unauthorized alternate bids, or irregulazfties of aAy kind. flowever, the - �^ �.- ^^^ �,' ���� ��,��°�D C2-2 ( � ) ''�'���'GU4�_d �<_I��L�. ���� �����G?���/�J �a ���j `'� Il II j II LSU�� , � � II � �wner noz the Engineer guarantee that the data shown is repzesentative of conditions which actually exist. � � ��, � �� r� �, �i'� I� � 1 ,��� �� A C2-2.4 SUBMI�TING OF PROPOSAL: Proposal on t e form fuznisAed b hee0wner ez shall submit his applicable to the project contained in thelform�6hallcbe correctly filled in and the Bidder shall ttate the pzices, wzitten in ink in bcth wozds and numerals, for which he proposes to do the wozk contemplated or furnishe the mateziale required. All such pzices chall be written legibly. In case of discrepancy between the pzice written in Words and the pzice written in numerals, the price most advantageous to the City shall govern. If a pzoposal ia submitted by aa individual, hic or hez name must be signed by him (ber) or his (hez) duly authozized agent. If a proposal is submitted by a firm, association, or partnership, the name and addzesa of eacb membez mu�t be given, and the proposal must be siqned by a member of the firm, as6ociatioa, oz paztnership, oz by a person duly authozized. 2f a pzopo8al is submitted by a company ot corporation, the company or cozporate name and bu6i�e6s address must be given, and the proposal signea by an offieial or duly authozized ageat. The corporate seal must be aff ixed. Powez of Attorney authozisinq aqents or others to sign proposal must be properlp certified and muat be ia vritinq aad submitted with the proposal. C2-2.5 REJECTIQ OF PROPOSAI,S; propocals may be rejected if they show aay ai�ezation ot wozds or fiQures, addiLions not called for, conditional oz oacalled foz alteznate bids, incomplete bids, erasuzes, or irregularities of any kind, or contain unbalance value of any item�. Propocal tendered oz delivered af ter the official time desiqnated for receipt of proposal shall be retuz�ed to tbe Biddez tu�opened. C2-2.6 BID S��ITY; pc preposal vill be cos�eidered unle�a it is accompanie y a�•Pzoposal Security• of tbe cbaractez and in the amount indicated in the 'Notice to Bidders• aad the "Proposal." The Bid 6ecuzity is requized by tbe Ownet as evidence of qood faith on the part of the Bidder, and by way of a guazanty that if avarded tbe contract, the Biddez vill within the required tfine execute a formal coatract and furnfab the required performance aad other bondc. Tbe Did �ecurity of the tbree lowest biddez� will be retaiaed until the contract is awarded or other.disposition is made thezeof. Tbe bfd secuzity of all other bidders may be zetnrned promptly after the canvass of bids. C2-2(3) ,: �`,�;I� ����1�:� G���JQ� (r �� C'LUIu W�W U �v VU\/���tlU� UISWo � � r' �wnez zeserves the zight to Waive any and all irregularities "� and to make the award of the contract to the best interest of ' � the City. Tendering a proposal after the closing houz is an izzegulazity which cannot be waived. �, C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be ciisqualified and theiz proposals not considered foz any of, _ but not limited to, the following reason: � ■ , �, � � � �I - � � a. b. c. d. e. f. 9• h. Reasons for be2ieving tbat collusion exists among biaaerb. Reasonable grounds foz believing that any biddez is intezested ia moze than one pzoposal for wozk contemplated. The biddez being interested in any litigation against the Owner oz where the Ownez may have a claim againsi or be engaged in litigation against the bidder. The biddez being in azzeazs on any existing contzact or having defaulted on a pzevious contract. The bidder havinq pezfozmed a prior contzact in an unsatisfactory manner. Lack of competency as zevealed by the financial statement, expezience re�ozd, equipment schedule, and buch inquizies as the Ownez may see fit to make. Dncompleted wozk which, ia the judgment of the Owner, will pzevent oz hindez the pzompt completion of additional work if awnrded. The biddez not filing with the Owner, one week in advance of the hour of the opening of pzoposals the followir,g: 1. Pinancial 6tatement ahowing the finnncial condition of the biddez as �pecified in Pazt •A' - Special Instzuctions. 2. A cuzzent experience zecord showinq especially the pzojects of a natuze similaz to the one under considezation, Mhich have been successfully completed by the Bid�er. 3. An equipment schedule showing the equipment the bidder has available foz use on the project. The Bid Pzoposal of a biddez who, in the juaqment of the Engineez, is disqualified under the zequirements stated herein, shall be set aside and not opened. II,.I������Wa ��1:���� �z-z � s � ���� �������a�� � ��o ����i�.���lp ���{a The Contractoz shall post the required notice to that effect on the project site, and, at his request, will be pzovided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on f ile in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 W THQRAWAL OF PROPOSALS: Aftez a proposal has been read by t�e Ownez it cannot be withdzawn by the Biddez within f orty-five (45) days after the date on which the proposals were opened. C3-3.5 AWARD OF CONTRACTs The Owner reserves the riqht to withholdiina� action on the proposal� for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no eveAt will an aWazd be made until after investigations have been made a� to the responsibility of the proposed awardee... The award af the coatract, if an award is made, will be to the lowest and bcst responsible bidder. The award of the coatract shall not become effective until the Owner has notified the Contractor in �rritinq of auch award. C3-3.6 RETDRN OF PROP SAL S CIIR TSESs !►s sooa as proposed price totals have been �eter�ned �or compazison of bids, the Owner may, at its disczetion, retura tbe proposal security whieb accompaniea the proposals vhich, in its judgment, would not be considered for tbe avazd. 1111 othez proporal securities, usually those of the three loWest bidders, will be retained by tbe ONner nntil the reqnized contract has been executed and bond fuznished oz the Owaer has otherwise disposed of the bids, after vhieh they will be returnad by tbe City Secretary. C3-3.7 BONDS: With the e:ecution and delivery of the Contraet Documents, the Contzactor shall furnish to, and file with the Owner in the amounts hr*ein zequired, the followiaq bonds: a, PERFORMANCE BOND: l► qood and suf f icient perfozma�ce bond ia an amount aot less than 100 percent of the amount ot the contract, as evidenced by the proposal tabnlatioa or otherWise, guaranteeing the full and faithful execution of the Work and performance of the coatract, and for the protection of the Owner and all othez persons against damage by reason of neqliqence of the Contzactor, oz impropez execution of the wozk or the use of infezior materiali. Thic performance C3-3 (2I ��i��U-��G���� 4�i�`�'�wU �� ' ��� ti' ��'�� ` e� . ��o J��C'��Wp ULSIn10 � � PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXErIJTIf�N OF DOCUMENTS,: C3-3.1 CONSIDER1�TION OF PRaPOSALS: After proposals have been .� opened and read aloud, the pzoposals will be tabulated on the � basis of the quoted prices, the uantitie� ahown in the � proposal, and the application of such fozmulas or other methods of bringing items to a common basis as may be e6tablished in the Contract Documents. � ' 6� Mi L-�J The total obtaiaed by taking the sum of the pzoducts of uait pzices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may entez into the eost cf the completed pzoject will be considered as the amount of the bid. Dntil the awazd of Lhe contrnct is made by the Ownez, the zight vill be ze8erved to reject any oz all pzoposals and weive techaicalities, te rrac9vertiae foz new pzoposals, oz to proceed wit� tne wozk in any manner as maybe c�nsidere8 ior the best interest of the Owner. C3-3. 2 MINORITY��ZN�o t ectorpalre�s Ot EN-OWNED aDS�NESS ENTERPRISE COMPLI g pzovide �o wner, upon request, compiete and accuzate information reqardinq actual Work performed by a Minozity Business Eaterpzise (MBE) and oz a a Woman-o�v�ed Business Enterprise (i�PBE) on the contract and the payment therefor. Contractot furthez aqreea, upoa zequest by Ow�er, to allov anQ andit and/or aa examination of any book6, recorfls, oz files in the possession of Cen tzactor that vill snbstantiate the aetual tirork pezformed by the lSBE oz WBE. Any matezial micrepzeaeAtation of any aature will be qrounds for terminatioa of the contract and for initiatinq any action nndez appzopriate f edezal, state or local laws ani! ordiaances relatinq to false statements; furthez, any such miszepresentation may be qrounds foz disqualification of Contzactoz at Ovner't disczetion for bidding on future Contzacts Mith the Owner ior a period of time of aot less than siz (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Curzent City Ordinance pzohibiting discrimination in employment practices. �I � C3-3 (1) ''�g�������, ����C1�� '� 0�'U ��'� ��[�IG�� U Uo �J i ��U Ilp �ISW. n ew surety sa tisfactory to the Own�r� No payment will be made undez the cootract until the new surety or sureties, as required, have qualified and .have beea accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.6 EX CUTION OF CONTRACT; Within ten (10) days after the Oamer has �y appropriate resol�ution, or otherwise, awazded the contract, the Contractor shall execute and file with the Owner the Contract and cuch 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, appreved as to form and legality by the City Attorney, and zxecuted for the OMmer by either the Mayor or City Managez. C3-3 . 9 F T ��tp T� EXECOTE CO TR1�CTs The failuze of the Awardee to execute the required �ond or bonds or to siqn the required contract within ten (10) days aftez tbe contzact is awarded sball be considered by the Ownez as ao abandonmeAt of his proposal, and the Owner may annul tbe 1►ward. By zea�on of the uncertainty of the market pzice� of material and laboz, aad it being impractieable and difficult to accurately detezmine the amount of damages occutin9 to tbe Ovner by r eason of said awazdee's failure to ezecute �aid bonds and coatract vithin ten (10) days, tbe proposal security accompanyinq the proposal shall be the aqzeed amount of damages which Owner will suffer by zeason of sucb f ailure on the part of the Awardee and shall thezeupoa immediately be forfeited to the Oaner. The filinq of a proposal will be coasiderad as aa acceptance of thia proviaion by the Biddez. C3-3.10 �EGINN NG WORxs Tbe Contractor �ball eot commence work unt 1 au��ozized�in vziting to do •o by the Owner. Sbould the Contraetor fail to commence aork at tbe site of the pzoject withia the time stipnlated in tDe vritten anthorizatioa usuallp termed the •i4ork Order' or `Preceed Order•, it ia agreed that tbe 6urety Company vill, vithin tea t10) days after the commencement date set fortb in such written authorization, commence tbe pbysical executioo of the :ontzact. :3-3.11 INSIIRANCEz Tbe Contzactor •ball aot commence vork snder this contract until be has obtained all the iasurance :equired under the Contract Documents, and sucb iasurance has �een approved by the Ownez. Tbe prime Contractor shall be -esponsible for deliveriag to the Ovaez the sub-contractor4� _� i C3-3 (4) ,N , -- - . -: ,' ;i��v�I[:,� �� - � IR: '_ ";rjj��;�U`=:', U�.tS`� � � III �' rN`^,v C, , S C \`�' �� '�,�U Ua `/i���'�II""� U1511Uo � � ;�� bond shall guarantee the payment foz all laboz, materials, equipment, supplies, an8 services used in the construction of tne wozk, and shall zetnain in full force and effect until provisions as above btipulated aze accomplished and final peyment is made on the pzoject by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contsact, as evidence8 by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guazanty which ia ret forth in paragraph C8-8.10. c. PAYMENT BOND: A good and sufficient payment boad, in an amount not less than 100 pezcent of the a�ount of the contzact, as evi�eneed by the proposal tabulation oz otherwi�e, guazanteeing the pzompt, f ull and faithful payment of all elaimants as defir,ed in Article 5160, Revised Civil Statutes of Texas, 1925, a6 amended by Hcuse Sill 344 li►ets Sbth Legislature, Regulaz Session, 1959, effective Apzil 27, 1959, and/oz the latest version thezeof, supplying laboz and matezials in the prose�ution of the Wozk pzovidcd foz in the contzact being constzucted undez these specifications. Payment Bond shall remain in force until all paymenta as above stipulated are made. �"' <<.� d. OTHER BONDS: Such other bonds as may be required by these Contract Document� shall be fuzaished by the Contractor. No sureties will be accepted by the Owner whieh are at the time in default or delinquent on any bond� oz xbicb aze intezested in any litiqation agaiAst the ov►aez. 1►11 bo�ds shall be made on the forms furni�hed by the OMmer and shall be executea by an approved suzety company doinq business in the City of Port �4orth, Texas, and vhicb is acceptable to tbe ownez. In ordez to be acceptable, the Aame of tbe suzety shall be ineluded on the cuzrent 0.5. Treasuzy list of e cceptable sureties, and the amouat of bood wzitteA by any one acceptable company shall not exceed the amouat shown on the Tzeasury list for that company. Eaeh bond shall be propezly executed by both the Contractor and Snzety Company. ��,� Should any surety on the at any time by the Otimez, to that effect and the � i� � � contract be determined uasatisfaetory notice will be given the Contractor Contractor ahall immediately pzovide a C3-3 (3) �:�������:� 0��:� �'C����D : V nT.S �I�.�v+�'U Wll�� U ��. � � �U � '^ � U'lin 17�����.:��Wp o � �. 5. Builder'a risk (whese ab{+ve-ai o� �truetuzes are involved).. ' 6• Contractua�l Liability (eoverr all inde.�nnification requireraents of Contract). . d. 1�DTOMOBILE INSURANCF - Af1DILY ZNJII�Y AND P�OP��'Y DAMAGE: The Contractor ahall procure aad main ain, durinq the life of this Contraet, Comprehensive �►utomobile Liability insuzance in an amouat not less than 5250,000 for injuries includinq accidental death to any one peraon and subject to the same limit for eacb person an amount aot lers thaa S500,000 oa account of one accident, and auto�obile pzoperty damage insurance ia an amount not leas thaA S100,000. e• SCOPE OF I�TSDRANCE A�TD SPECIAI� EAZARDs T4! , r in�urance required under the above paragrapb� ahall provide adequate proteetioa for the Contractor and -� tiia �ub-contraetors, zerpectivelp, aqainst damage elaim� wbich may arise from operatio�s under this '' contract, whether sucb operations be by the in�uzed or by aayone directlp or indizectlp employed by ^ him, an3 al�o against any of tbe follorioq apecial �" hazarde vhich may be eacountezed in tbe performance of tbe Coatract. -� f. PROOF OP CARRI�►GE O! I $ FRANCE: Tbe Contractor shall furni�h the Ownez K�th aati�sfactory proof of coverage by insuraace reqnired i� these Contzact Documenta i� amounts aDd by carziera satisfaetory to the Owner. (Sample attacbed. ) �11,1 insurance zequirements made upor� the Coatractor shall apply to the sub-coatzactor, sbould the Pzime Coatzactor'• in�uracce oot cover the sub-contractor's vork op�rations. q. LOCAI, !►GENT FOR INSIIRJ�►NCE AND BOi�IDINGs Th• ' insurance and bondi�g companies Mitb Mhom the Contzactor's incurance aad pezformance, payment, y maintenance and all sucb other boads are Mritten ..� shall be represented by an agent or agen�s havinq � an office located within the citp limits of tbe � ^ �.-� , ���������,�������,�I�,' � C3-3 ( 6 ) ''�' ��e)��,j�,�i �,,�� ���!� ��° � 0���� � (�,� � � �,, . � � , certificate of insuzance for approval. The prime contzactor shall indicate on the certificate of insurance included in the documents for execution whether oz not his insurance covers sub-contractozs. It is the intention of the Owaer that the insurance covezage requized herein shall iaclude the coverage of all sub-contzactors. a. COMPENSATION INSURANCE: The Contractoz ohall maintain, duzing the life of this contzact, Workers' Compensation Insuzance on all of hib employees to be engaged in wozk on the pzoject undez this conttact, and foz all sub-contzactors. In case any class of employees engnged in hazardous wozk on the project undez this contract i6 not pzotected under the Wozkers' Compensation Statute, the Contractor shall provide adequate employez'a general liability insuzance for the pzotection of such of bis employees not so protected. . _ b� Contzac�oz shall p ocu e and$6ha11 a►a�ntainEduzing the life of tbia contsect Contz.actoz'c Comprehensive Geaeral Liability Insurance (Public Liability and Ptopezty Damage Znsurance) in an amount r.ot le6s than 5500,000 covering eaeh occurzence on account of bodily iajnry,.including death, and in an amount not less than S500,000 covering each occuzzence on account of pzoperty damage with 52,000,000 umbrella policy covezage. c. ADDITIONAL LIABILITYs The Contractor ihall fuznish ia6uraace as separate policies oz by additional endotsement to one of the above-meationed policies, and ia the aeaount ai oet f orth f or public liability and property damage, tbe following insurance: 1__'! ;�� � G� � �e � , 1. 2. 3. 4. Coatingent I,iability (covez� �Gene�ral Coatractor's Liability for aets of sub-contractors). Blastiag, pzior.to any blaati�q beiag:done. Collapse of buildinqs oz stzuctures sdjacent to excavation (if exeavationa are to be oerformed adiacent to rame). Damage to undezground utilities for SSOO,ODO. C3-3 (5 ) �;^ -'�'';`��!� �� ��;y�;;'�����, � �`U,�� J: ":''_c �'cu�; J� �: ��' � �': G���1Q17 _ �� �UM;:%l�:'��I9 �[��{o matte= associated such as maintainin� adequate and appzopriate ineurance or security eoverage for the pzojeet. Such local authority for administration of the wozk under the Contzact shall be m,aintained until all businesc tzansactions executed as part of the Contract are complete. Should the Contzactoz's principal basz of operation6 bc othez than in the Fort worth-Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in vriting to the Engineer in advance of any wozk on the pzoject, all appzopziately signed and sealed, as app2icable, by the Contractor's responsible officers with the understanding tbat this vzitten assignment of authority to a local representative shall become part of the project Contract as thouqb bound dizectly into the project �ocuments. The intent of these requirements is that all matLers as�oeiated with the Contractor's admiaistration, whethez ft be oriented in furthering the wozk, or other, be g overned dizect by local authority. This same zequirement is impoted on insurance and surety covezage. Should the Contzactoz's local representative iail to perf orm to the satisfaction of Enqineer, the Engineez, at his sole discretion, may demaad that such local representative be replaced and the Engineer may, at his sole discretioa, stop all Mozk until a neM local authority satisfactory to the Eoqineer is assiqned. No credit of workinq time will be foz periods in which Mork stoppages are in effect foz this zeason. C3-3.15 VENDEz Venne of any action hereinunder shall be exclusively in Tarzant County, Texas. C3-3 �8) ��?a r nl�°�� �� ������ut�'::'�='�'`rv•� �,��-� � � ,, �115� ° 1�;�I -�, r(u,:��. �u��v ��:� � �i� 1 �a�v��l � � � City of Fort Worth, Tnrrant County, Texas.� Each � such agent 6ha11 be a duly qualified, one upon whom "•� service of process mny be had, and must have authozity and power to act an behalf of the � ir,6urance and/or bonding company tc negotiate and �` settle with Lhe City of Fort worth, or aay other clainant, �ny claia� that the City of Fort Worth or _ othez claimant oz any property oWnez Who has been damaged, may have against the Contzactor, 'r insurance, and/or bonding company. If the local � insurance representative is not co empowered by the � insurance oz bonding companies, then 6tiCh authozity �,� mu6t be vested in a local agent or claims officer zesiding in the Metroplex, the Fort worth-Dallas -. area. The name of the agent or agents shall be set � forth cn all of ruch bondr and certificates of insurance. � C3-3.12 CONTRACTOR`S OBLIGATIONS: Undez the Contract, the Cantzactor shall pay for all materials, lsboz and services when due. � ,'. _.� � � � � � 1 � 1 � I � C3-3 . 13 WEElCLY PAYROLL: A certif ied copy of each payzoll covering payment of wages to all person engaged in Work on the project at the site of the pzoject sball bc furnished to tbe Ownez's zepzesentetive within seven (7) days aftez the close of each payzoll period. A copy or copies of the�applicable minimum wage rates as set forth in the Contract Document� s hall be kept pasted ia a conspicuous place at the site of the project at all tia�es duzing the cour�e of the Coatraet. Copies of the wage zates will be futnished the Contractor, by the Owner; however, posting and pzotection of the wage rate� shall be the responsibility of the Contzactor. C3-3.14 CONTRACTOR'S CONTRACT ADMINIS� TION: Any Contzactoz, wAethet a person, persons, partnershio, company. firm, association, cozporation oz other who is appzoved to do business with and enters intc a contract With the City for construction of water and/or 6aaitary sewer facilities, will have or shall establish a fully opezational busines6 office within the Fort ivorth-Dallas metzopolitsn azea. Tbe Contzactor shall chazge, delegnte, or assiqn thi� office (oz he mny delegate hia Project Superintendent) �itD full authority to tzansact all business actioas zequired in the perfozmance of the Contract. This local author.ity shall be made zesponsible tc act for the Contzactor in all matters pertaining to the work governed by tbe Contract Nhethez it be administrative or othezwise and as such sball be empowered, thus delegated anc dizected, to settle all material, labor oz other expendituzes, all claims againat the Nozk or any othez ���;�C��GOI�� ����G�� C3-3 (7 ) ':;��tif ���'������ �Uv �'��C_'�UUy ��We waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth cateqozies, shall be interpreted hereia as applying to the ovezall quantities oz sanitary sewer pipe in each pipe size, but not to the various depth categozies. C4-4.4 ALTERATION OF ��N�RACT DOCiJM�NT�s By Chanqe Order, the Owner re6erves the rig to make such c anges in the Contract Doeuments and in the character ot quantities of the work as may be necesrary or desirable to ineuze completion in the most sati6factory mannez, provided ruch changes do not materially altez the oriqinal Contract Documents ot change the gen�ral nature of the project as a whcle. Such chanqes �hall not be consideze� as waiving or invalidating aAy condition or provision of the Coatract Documents. C4-4.5 EXTR� WOR�: �dditional work made necesaary by ehangea and alterations ot the Cont:act Documents or of quantitiec or for other reasonz foz vhich no prieec are provided ia the Contract Documents, ahall be defined as •Extza work• and shall be pezformed by the Contractoz io accordance with the�e Coatract Document� or approved additions theretoj provided, however, that befoze any extra vork is begun a•Chanqe Order" shall be executed or �vritten order issued by the Owner to do t he work f or payment• or credits as ahall be detezmined by one or more combination of the following methodo: a. b. Dnit bid price previoutly appzoved. Ar� agzeed lump sum. c. The actual reasonable cost of �l) labor, (2) rental of equipment used on the extra work for the time �o used at �ssociated Genezal Contr�ctors of Amezica current equipmeot rental ratess (3) materials entering permanently into the projeet, and t�) actual cost of insurance, bonds, and �ocial security as determiaed by tbe Ovicer, plus a fixed fee to be a7reed upon but aot to exceed 101 of the actual co�t of such extra votk. The fized fee is not to include aay additional profit to the Contractor for rental of equipment ownea by him and used for the extra work. Tbe fee •hall be f ull and complete compensation to cover the cosC of superiateodence, overhead, otber profit, ge�eral a�d all other expense not included in tl), (2), (3), and (4) above. The Coetractor shall keep accura te cost records oa the form and in the aethod C�-� � i �?[���0 °Q� ( 2 ) �.;����C��d rY� y �N�i�e� ► °� �� �,--��1J� (� �ll)lii''1llfJa�� � � PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORR SECTION C4-4 SCOPE OF W�RR C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention oi' these Contzact Documerits to pzovide for a complete, useful project which the Contrnctoz undertakes to construct or furnish, all in full compliance With Lhe zequizements ana 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 con6i8ered by the Ownez a6 necessary to complete the project in a satisfactory and acceptable mannez. The Contractoz shall, unless othezwi�e speeifically stated in these Contract Documentb, furnish all labor, tools, matezials, machinery, equipment, �pecial services, and incidentals necessary to the pro6ecution and completion of the project. '" C4-4.2 SPECIAL PROVISIOPS: 6hould any vork or conditions i Which are not thoroughly and catisfactozily stipulated oz �' covezed by General or Special Ccnditions of these Contract � Doeuments be anticipated, or should there be any additional propose8 work which is not covered by thece Contract "� Documents, then '6peeial Pzovisions' covering all 6uch work � will be pzepared by the Oaner pzevious to the time of receiving bids oz pzoposal6 for auch work and furnished to the Biddez in the fozm of �ddenda. All such 'Special Provisions" � shall be considered to be a part of tbe Contract Documents just as though they were oriqinally �rritten thereia. 1■� C4-4.3 SN REASED OR DECR� ED �OANT IES: Tbe Owner zesezves .,. the zight �o altez the quantities ot ��e work to be performed or to extend or shorten the impzovements at any time When and � as found te be necessarp, aad the Contractoz shall perf orm the �� work ab altered, increased ot decreased at the unit prices. Such increased or decren6ed quantity shall oot be mote than 25 � pezcent of the contemplated quantity of such item or items. i�hen such changes inczease oz deczease t6e original quantity of any item or items of work to be done or materials to be - furnished by the 25 percent oz more, then eitber party to the � � ontzact shall npon vritten zequest to the other party be entitled to a revised consideration upon that portion of the wozk above oz belo�v tbe 25 percent of the oriqinal quantity � stated in the proposal= such revised considezation to be determined by special agreement or as hereinaftez prov�ded for "Extra work." t�o a1loMaace will be made f or aay changes in � anticipated profitB nor shall such changes be considered as � 0 ��.!����U �,� 6��f����� C4-4 (1) �: Q�`� ���'�G�� ° �1� �fo �����"��o ��. shall be presented al nnticipnted proqzess of ,:lotted horizontally and �ertically. The pro�ress 11" sheets and at least be furnishea to the Owner. so a composite gzaph showing the construction with the time beinq the pezcentag� of com�letion plotted charts shnll be prepared on 8-1/2" x five black or blue liae prints shall FACIL T ES�G W�t�in �t nD�( l Os days pz or �oDsu�m�ss pon Noi iirst monthly proqresa payment, the Contractoz shall pzepare and submit to the Owner for approval six copies of the schedule in whieh the Contractoz proposes to cazry on the work, the date of which he will start the several majoz activities (includinq pzocurement of materials, plana, and equipmentl and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method tCPM) network diagram. As the vork progresses, the Contractor shall enter on the dia3ram the actual progress at the end of each paztial paymeat period oz at such intervals as directed by the Enqiaeez. The Contractor shall alco revise the schedule to reflect any adjustment� in contract time approved by the Eagineez. Three copies of the updated schedule ahall be delivezed at such iatervals as directed by tbe Owner. �,s a minimum, the constzuction schedule chall incorporate all work elements and activitie6 indicated in the pzoposal and in the technical specifications. Prior to the fiaal draftiaq of the detailed constzuction sehedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contzaetor's understandinq of the contract requirements. The following guidelines sball be adhezed to i� preparfog the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform ta time constzaiat�, sequeneing requirements and completion tfine. b. The construction pzocess shall be divided into activities with time durations of approaimately f ourteen (14� day� and constzuctio� values not to exceed 550,000. Fabrication, delivery and submittal aetivities a=e exceptiop� to this quideline. C4-4 (�) _ _. ��, ;-�G,��r���,� , , ;u � „a��� ':;'ij't� ��vdil�el' �' '`�, �� �e�` ti `�` �"� ';,��I�IVr�� ,,�U u c� � 5�(�j �e '�'J{V)V�'`�Wq IIlSGtie � � �� suggested by the Owner and shall give the Ownez access to all accounts, bills, vouchers, and records zelating to the Extra i�ozk. No "Change Order" shall become effective until it has been approved and signea by each of the Contracting parties. � No claim for Extza Wozk of any kind ordezed in writing by the OwneT. � instzuctions, eithez oral oz Wzitten, to invelve Extza Wozk foz whic compensation, he shall make written � for wzitten orders authozizing such beqinning such vork. � � � � � � � � � �� � � will be 811owed unless In case any orders or r�ppear to the Contractor h he sheuld receive zequest to the Engineer Extra Wozk, pzioz to Should a difference atise as to what does or does not constitute Extre work, or a6 to the payment thezeef, and the Engineer inaists upon its performance, the Contzactor shall proceed with the wozk after making wzitien zequest foz written ozders and shall keep an accurate account of the actual reasonable co6t thereof as provided under method (Item C). �laims f or cxtza work will not be�paid unless the Contractor shall file his claim with the Ownez within five IS) days before the time f ez maki�g the fizst estimate after such work is do��e ar,d unless tri� ��laim is supperted by sntisfactory vouchers and certified payrolls covezing all laboz and materials expended upon the said Extza Wozk. The Contractoz shall fuznish the Ownet eueh installation zecords of all deviations from the oziginal Contract Documents as may be necessary to enable the Owr,er to prepar= for permanent zecozd a corrected set of plans showing the actual installation. The compensation agzeed upon foz 'extra work' whether or not iniitiated by a'change order' shall be a full, complete and final payment for all costs Contzactor ineuts as a r�sult or rPlating to the change or extza vork, whether eai� costs are known, unknown, foreseen or unforeseen at that time, including without limitatioc, any costs for delay, extended overhead, zipple or impact cost, or any other effect on changed or unchanged wozk as a result or the change or extra pork. C4-4.6 SCHEDDLE �F OPERATIONS: Befoze commencing any work under this contzact, the Contracter shall submit to Lhe Ownzr and receive the Ownez's appToval thezeof, a•Sehe�ule of Operations,' 6howinq by a 6tzaight line method the date af c ommencing and finishing each of the majoz element� of the contract. Theze shall be also shown the estimated �onthly cost of work fot which estimatPs are to be expected. Ther= �4-4 ( 3 ) � ��'� "0�� �'���°�� �� ,� , ,:�,�� �, -��� �: � 'v' ��'�G ° °?� (�a �G��IP �o - 9. Operational testing. 10. Final inspection. If, ia the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to impzove his progr�ss. In addition, the Ownet may require the Contractor to submit a revised schedule demonstratiag his proqram and proposed plan to make up lag in scheduled progress snd to insure completion of the work within the ccntract ti�e. If the Owner finds the proposed plan not acceptable, he may requize the Contzactor to inctease the work force, the construction plant and e�uipment, the namber of work shifts oz the oveztime operations without additional cost to the Owner. Failure of the Contzactor to comply with these reqnirements shall be considcred grounds for determination by the Ownez that the Contraetoz is failinq to prosecute the vork with such diligence as will in�uze its completion within the ti�e specified. . C4-4 (6) ��Q i � .�.` � �, ; � ����� � : �y �`�1:.��; u` � � r • � QI� � p �`�.'i'�.l�.v, ���tt� � 11�.� u r j':UOay�lSw� ] �=� � I� !„ c. Duzations shall be in calendar days and normal holidays an� weather conditions ovez the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be thown on the constzuction schedule. e. Float time is defined as the amount of time �; . between the eazliest stazt date and the latest start date of a chain of activities of the CPM ccnstruction achedule. Float time is not foz the P�! exclusive u6e or benefit of eithez the Contractor �_a. or the OMmer. � � �� � � � � f. Thirty days shall be used for submittal review unless otherwise specified. T he eonstruction 6chedule 6ha11 as a minimum be divicled into general cateqozies as in8icated in the Pzcposal and Technical Specifications and each general cateqory shall be broken down into activities in enough detail to achieve activities of approximately fcurteen'(14) dnys duration. Foz ench genezal category, the constzuction schedule shall identify all trades oz subcontracts whose wozk is zepresented by activities that fo11oW the guidelines of this Section. For each of the tzades oz subcontracts, the constzuction schednle shall indicate the following procuzements, construction and preacceptance activities and events in their logical aequence for equipment and materials. 1. 2. 3. 4. 5. 6. 7. 8. Preparation and transmittal of �ubmittals. Submittal review period6. Shop fabrication and delivery. Ezection oz installation. Transmittal of manufacturer's opezation and maintenance instructions. Znstalled equiptnent and mat�zials testinq. Owner's operator instruction (if applieable). Final inspection. c4—a cs� '; ���s�V�GO�� ��[����D '�� �� ����� G��°J��7 ... ��o C����� G���IP ���. CS-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents aze made up of sevezal sections�, which, takea together, aze intended to describe and provide for a complete and useful pzoject, and any requizements appeazing in one of the sections is as binding as though it occurzed in all �ections. In case of discrepaneie�, figured dimension shall g ovezn ovez rcaled dimensions, plans shall goveza over specifications, special conditions chall govern over genezal •�onditions and standazd specifications, and qua�tities shown oa the plans shall govern over those 6hOWD in the pzoposal. The Contractor thall not take advantage of any appazent erzor oz omissioa in the Coatzact Documents, aad tbe Owner shall be permitted to make sucb corrections oz interpretations as may be deemed necessary foz the fulfillmeat of the intent of the Contract Document�. Ia the eveat the Contractoz di6covers an appare�t error or diacrepancy, he shall immediately eall this condition to the attention of the Enqineer. in the event of a conflict ia the drawinqs, specificatioas, or other portions of the Contract Documents vhich were aot reported prior to the award of Contzset, tbe Contractot shall be deemed to bave quoted the most expensive resolution of tbe confliet. CS-5.� OOP RATION OF CONTRACTOR: The Contzactor will be turnishe� wit� three setc of the Contzact Documents and shall have available on the site of the project at all times oae aet of auch Contract Doeumenta. The Contract �hall give to the Mozk the coastaat atteation �ecessary to facilitate tbe proqzess thereof and �hall co operate witb the Eagineer, his inspector, a�d other Contractora in everp possible vay. The Contractor �hall at all times have competeat pez�onnel av�ilable to tbe project site f oz proper perf ormance of the work. The Contractor sball provide and maintain at all timeB at the site of the pzoject a competeat, Eaglisb-speakinq supezinten8ent and an assistant vho are fully authorizea to act aa the Contractor'a aqeot on tbe Mork. Such supezintead�nt and his assistant shall be capable of zeadinq and understandinq the Contract Document� and shall receive and f ulfill instructions fzom the OMner, the Enqineer, or his authorized zepresentatives. Pursuant to this responsibility of the Contzactor, the Contractor shall deQiqnate io vritinq to tbe project supezintendent, to act as tbe Contractor'a agent on the Work. 8uch as�istant pzoject superinteadent shall be a resident of Tarrant Couaty, Texaa and �hall be subject to call, as is the project Superiatendent, at any time of the day or niqht on any day of�the week oa which the Engineer determines tbat cizcumstance� reqnire the presence oa the project site of a representative of the Contractor to ,. - r ; � �� � cs—s c z � �����'���� ���s �;�� ':;���U CN��� e�ISI�r,1USll � (�R 1�!CK�1�'�M. ��e � � �� FART C - GENERAL CONDITIONS CS-5 CONTROL OF WORR AND MATERZALS SECTION CS-5 CONTROL OF WORR AND MATERIALS . CS-5.1 AIITHORITY OF EN INgER: The work shnll be pezformed to the satisfaction of the �ngineez and in stzict compliance with the Contzact Document6. Ae shall decide all questions which arise as to Lhe quality and acceptability of matezials furnished, vork perfozmed, zate of progress of the work, ovezall sequence of the construction, intezpretation of the Contract Docua,ents, acceptable fulfillment of the contract, compensation, mutual zights between Contzactor and Owner under these Contract Documents, supervi6ion of the work, tesumption of operations, and all othez questioas or dicputes Mhich may arise. Engineez vill not be responsible for Contractor's meanb, method6, techniques, aequences oz pzoceduzes of construction, or the safety precaution and progza.ms incident thereto, and he Mill not be zesponoible for Coatzactor's failuze to pezform tbe Mozk in accozdance rith the contract documents. �-� He 6ha11 detezmine the amount and qnality of the Mozk � ccmpleted and materials fuznished, and his decision6 and estimates shall be final. His estimates in such eveat shall ■� be a conditioa to the ziqht of the Contractor to zeceive money ', due him un�ez the Contzact. Tbe Owner ahall have executive �" authozity to enforce and make effeetive �ucb neces6ary � decisionb and orders aa tbe Contractoz fails to carry out R� pzomptly. In the event of any diapnte betMeeA tbe Enqiaeez and '•, Contraetor over the decisior, of tbe Engineer on aay zuch � matters, the Engineer muet, vithin a z�easonable time, upon written request of the Contzactor, zendez aad delivez to both � the Ownez and Contractor, a rritten deci�ion on the matter in � controversy. � CS-5.2 CONFORMITY wITH PLANS: Tbe finfshad project in all � cases sball contorm With lrne�, qzadea, crosa-sectiono, finish, and dimensions shown on tbe plans oz aAy othez requizements otherwise deacribed in the Coatract Documente. '�, Any deviation fzom the approved Contract Documents zequized by � the Engineer duriag construction Mill iA all cases be determined by tbe Engineez and authorised by tbe OMner by �� Change Ordez. � ' CS-5 (1) ����'I����GDI�� G�'L�C�J�� \`J ':��T`u ���'� I� � e �l� V Ilo l't��C`:�U 119 �l7(No � .� .� These stakes or markings shall be set sufficiently in advaace of construction opezations to avoid delay. Such stakes or markings as may be established for the Contractor's use oz '� quidance shall be preserved by the Contzactoz until he is authorized by the Enqineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been �' cazeles�ly or willfully destroyed, disturbed, or removed by the Contractor oz any of his employees, the full cost of replacing such stakes or mark� plus 25i will be chazged � against the Contractor, and the full amount will be deducted from payment due the Contractor. CS-5. AOTiiORITY AND DD�IES OF CSTY �NSPECTORSs City "R Inspec�or6 will authorize to�inspect al work done and to be done and all materials fuznished. Such incpection may extend to all or aay part of tbe work, and the preparation or ' manufacturing of the materials to be u�ed oz equipment to be installed. �► City Znspectoz may be ctationed on tbe vork to report to the Engineer as to the progreas of the vrork and the , manner iA which it is beiag pezformed, to report aay evideace � that tbe materials beinq furai�bed oZ the Mork beiaq pezformed by the Contractor fails to fulfill the zequiremeAts of the Contzact Docu�nents, and to call the attention of the °'� Contzactor to a�y �ueh failure or other iafringements. Such in6pection or lack of inspection will not relieve the - Contractor from any obliqation to pezform tbe wozk in -� accordance with the requizementa of the Contract Documents. In case of any dispute arisinq betveea tbe Contractoz and tbe City Inspector as to the materials or equipment furniched oz ., the manner of performiag th� Mozk, tbe City Znspeetoz vill have authority to reject materials or equipment to suspcad wozk until the questioa at isaue can be referred to and be decided by the EngiAeer. Thc City Inspector vill not, �' however, be authorized to revoke, alter, enlar9e, or release any requizement of tbe�e Contract Documents, cor to approve or accept acy portioa or sectioa of tbe vork, oor to issue any �� instruction� contrary to the requirements of�the Coctzact Documenti. He will in no case act as superiatendeat or - f oreman or,perform any othes duties for tb� Cootractor, or ,. interfere with the management or operatioa of the work. 8• Mill not accept from the Contractor any compensation in any � form for pezforming any duties. The Cootractoz shall reqard , and obey the directions and instructfons of the Citp Znspector oz Engfneez when tbe same are coasisteat Nitb the obliqationc of the Contract Documents, pzovided, however, should the Contractor object to aay orderc or inatructioo� of the City �' Inspector, the Contractor may vithin sis day� make xritten appeal to the Engineer foz his decision oa the matter in controversy. ,,, � � � ��G�D _ � �, ,L. ,�, =�������u�����, ��t.����., . ���-����-�j � U �) ! � " C5-5 t4) ��,�Iti ���� � a � `��� � �'� J �;- y • �.. � � � adequately provid �' traveling public or � prcject extends or pzcject routing. � e foz the safety oz convenienee of the the owners of pzoperty across which the the safety of property contiguous to the The Ccntrnctor shall provide all facilities to enable the Engineez and his inspectoz to examine and inspect the workmanship and materials entering into the wozk. CS-5.5 EMER�ENCY AND/OR RE�TIFICATION 'WORlC: �Ahen, in the opinion of uthe Owner ci Engineez, a conditicn of emezgency exists zelated to any part cf the work, the Contzactor, or the Contzactoz through his designated zepzesentative, �hall respond with dispatch to a verbal request made by tae Ownez oz Engineer to alleviate the emergency eondition. Such a response shall occur day oz night, whethez the pzoject is scheduled on a calen8az-day or on a Mozking-aay basis. � Should the Contzactor fnil to respond to a zequest from the Engineez to rectify any disczepancies, omissions, or corrections necessary to conform with the requirements of the � project specifications or plans, the Engineer ahall qive the ,� Contzactor wzitten notice that such vozk oz changes aze to be performed. The M*ritten notice 6ha11 dizect attention to the „� disczepant condition and zequest the Coatractor to take � zemedial action to correet the ccndition. In the event the Contzactor does not take positive �teps to iulfill this written request, oz does aot show just eause foz not taking � the pzopez action, �vithin 24 houra, the City may take such remedial acticn with City f orccs oz by coatract. The City s hall then deduct an amount equal to the entire costs for such � remedial action, plus 25�, from any funds due the Contraetoz on the project. C5-5.6 FIELD OFFICE: The Contzaetor shall provide, at no � extra compensation, an adequate field office f oz use of the Engineez, if specificnlly called for. The field office shall be not less than 10 by 14 feet in floor area, substantially � constzucted,, well heated, air conditioned, liqhted, and weather-proof, so that documents Will not be damaged by the _ elements. � � � .� � � �� CS-5.7 CONSTR TI�N STAlCES,: The City, thzough its Engineer, will furnis� ��e ontractoz With all lines, qrades, and mensurements necessazy to the pzopez prosecution and control of the work contracte8 for under these Coatract Documents, and lines, gzades and mensuzements will be established by means of stakes or other customary methoa of marking a6 may be f ound consistent with good practice. I �,�:��;:�i;�!��v0�;,� �������D CS-5 t 3 ) y��. ,';�tir ���':;����� � ��.�� `��+�;►.`-_'4G�o ���o :�ubstitute from that specified aad indicating available maintenance service. No substitute shall be ordered or installed without the wzitten.approval of Engineer who will be the judge of the equalfty and may zequire Contractor to f urnish such other data about the proposed substitute as he considers peztinent. No substitute shall be ordezed or installed without such performance quarantee and bonds as Owner may require Which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Enqineer and anyone directly or indirectly employed by either of them from and aqainst the elaims, damages, losses and expenses (includinq attorneys fees) aziai�g out of the use of substituted materials or equipment. CS-S.1, S MPT�ES AND TESTS OR TER ALS: iPhere, in the opiaion ot the �nqineer, or as called �or �n the Contract Documents, tests of materials oz equipment are necessary, snch tects Mill be made at the expense of and paid f or direet to the testing ageney by the Owner unless otberMise specifically provided. :he failure of tbe Or+ner to make any tesLs of materials shall �e in no way relieve the Contractoz of bis responsibility of :urnishing materials aad eqaipment fully conformiAq to the zequirements of the Contract Docu.menta. Tests and sampling of matezials, uale�s otherMise speciiied, vill be made in accordance with the latest methods preacribed bp the American Society foz Testing Matezials or �pecif ic requizements of thc Owner. The Contractor sball proviae such faeilitiea as the Engineez may require for collecting aad forvardiag samples and bhall not, Mitbout specific Mzittec permission of the Enqineer, use the materials zepzeseated by the samples until tests have been made and the matezials approved for use. The Contractoz will furaiah adequate samples vithout chazge to the �wner. In ease of eoncrete, the aqgreqates, desiga minimua►, and the mixinq and tzansportinq equipment shall be approved by the Engineer before any concrete is placed, and the Contactor shall be responsible for replacinq any concrete vhich doe� not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prioz to tbe placiAq of concrete, usinq sampler f rom the same aqqreqate, cement, and mortaz vhich are to be used later in the conczete. Shonld the source of supply ehange, new tests shall be made pzior to tbe use oi the new materials. CS-5.13 STORAGE OF MATERIALS: 1111 materials Mhich are to be used in the construction operation shall be stored so a• to insure the pzeservation of the quality and fitness of the v►ozk. �hen directea by the Engineer, they shall be placed on vooden platf orms or other hard, clean duzable surfaces a�d not on the � � �,, ����5Irf`��-:.��� �,�;v��U`;�,, �.Jlluuu ,n � CS-5 ( 6 ) (�.;��,� ��'� e�t 5��( ;L��,(� [� �I�ilr���lflln Ul5(N+ �. � � � �J � . r� Wi r� CS-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonnble facility for ascertaining whether oz not the work as performed is in accordance with the zequirements of the Contract Document6. If�the Enqineer 6o zequests, the Contzactoz shall, at any time before acceptance of tbe work, rem�ve or uncovez such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the wcrk to the etandard requized by the Contract Docucoents. Should the work exposed or examined prove acceptable, the uncovering or removing and seplaciag of the covering oz making g ood of the parts removed shall be paid foz as extra wozk, but should be work so exposed or examined prove to be unacceptable, the uncovering or removinq and the zeplacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No wozk �hall be done or matezials usea without suiteble supervirion or iaspectioA. CS-5.10 REMOVAL OF DEFE�"�' � AND DNApT HORIZED ivORlC: All vork, materials, or equipmen£ vhich has been rejected shall be remedied or removed and zeplaced in an acceptable manner by the Contractor at his own e�cpease. i9ork done beyond the lines and gzades givea oz a6 shown cn the plans, except as herein 6pecifically proviaed, oz�any Extra Wozk done Mithout wzitten authority, will be considered as unautborised ana aon� at the expense of the Contzactoz and Mill not be paid f or by the Owner. work so done may be ordered removed at the Contractoz's expense. Dpon the failure on the pazt of the Contractor to comply vith any ordez of the Eagineer made under the pzovisions of thi� pazaqraph, the Engineez will have the authority to cause defective vozk to be zemedied oz removed and replaced an8 unautharized work to be removed, and the cost thereof may be �educted fzom any money due or to become due to the Contzactoz. Failure to zequize the zemoval of any def ective oz unauthorized vork shall not constitute acceptance of such works. CS-5.11 SDBSTITUTE MATERIAI.S OR E�DIPI�ENTs If the Specitications, law, ordinance, codec oz tequlations permit Contractoz to furnish or use a substitute that fs equal to any material oz equipment specified, aad if Contractor vishes to f urnisb oz use a pzoposed substitute, De shall, prior to the preconstruction conference, make vritten applfcation to ENGINEER f or approval of such �ubstitute certiiying ia writing that the proposed substitute will perform adequately the function� called for by the genezal desiqn, be aimilaz ana of equal substance to that 6pecified aad be auited to the aame use aad capable of perfozming tbe same function as thnt specified; and identifyir�q all variation� of the propoced CS-5 (5) .� G=��'L �G�,'� G:'�GU�D ��y��''�i r"�!�G1�1lIr,1US� �uo ���;�C'��14 �i��. �. Notify each customez personally through responsible personnel as to time and schedule of the intezruption of their service, or 3• In the event that personal notification of a customer cannot be made, a prepazed tag form shall be attached to the customer's e�trance door knob. The taq shall be duzable in comporition, and in large bold type cball �ay: "NOTICE" Due to Utility Impzovement in your neighborbood, your (water) (seWez) service will be inter- rupted on between the hours of and This inconvenience Mfll be aa short as possible. Thank ycn, Contractor Addreas Phone b• �n zaencXs Ia the event that ao uaforeseen servica Yn�ezruption occuza, aotice ahall be as above,but immediats. acti �or ae TleCt Rop p�NSZBILITY Ol� CONTRaCTOR$ : If , throuqh 9 be part ot tbe Coatractor, aap other Contractoz or any snb-eontractor shall suffer los� oz damage on the work, tbe Contractor aqrees to settle Mith such other Contractor or sub-eontractoz by agreement or azbitration. Ii such other Contractor or sub-contraetor shall assert any claim aqainst the Owner oa account of any daIDage alleqad to have been sustained, the Owaer will notify the Contractor, wbo shall indemaify aad �ave harmless the Owoer agaiast aay such elafm. CS-5.17 CLEAN-IIPs Clean-up of •urplus and/or vaste materials accumulated on the job site during the prosecution of the work under tbese Contzact Documents ehall be accomplished i� keepinq Nitb a daily zontine established to tbe the satisfactioA of the Enqine�r. Twenty-fonrs fours after vritten notice is given to the Contractor that the clean-up on the job site is proceedinq in a manner unsatisfactory to the E�qineer, if the Contractoz fails to c�r..u�� the � _. .,.'- , i1 ,�, /^ 111L`�11�I . J �r ��\.�i YIr.:I-I `1�-��IVIv Y�:✓ CS-5 � 8 ) '��`�`u ��`'� ci ° °M�' 1�-1� r�j'��UUq UL4Wa � � � � A � qrcund, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate ', prompt inspection. • � � ■ -� Wr ■ �� dimen io sXshown on the �lans relative LIES: The location and aze bnsed on the best information available.XOmissgon f om,loz the inclusion of utility locations on the P lans is not to be considered as the nonexistence of, oz a definite location of, existing underqround utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc., i6 unknown to the Owner, and the Owner assumes no responsibility foz failure to shoW any oz all such stzuctures and utilities on the plans oz to show them in theiz exact location. It is mutually agzeed that such failure will not be considezed �ufficient basis for claims for additional compensation for Extra Wozk or for increasing the PaY qunntities in any manaer whatsoevez, unless an obstruction encountered ia auch as to necessitate changes ir, the lines and gzades of considerable magnitude or requizes the building of special works, provision foz wt�ich i� not made in the Contract Documents, in vhich ease the pzovicion in these Coatract Documents foz Extra Work shall apply. It shall be the Contractors reaponsibility to verify locations of adjacent aad/or conflietiag utilitiea 6ufficiently in advance of construction in order t6at he may neqotiate such local adjustments a6 necessary fn the construetion process to provide adequate cleazances. The Contzactoz shall take all necessazy precautions in orCez to protect all exi�ting utilities, structures and aervice lines. Verificatfon of existing utilities, atznctures and service lines sball include notification of all ntility companies at least forty efght (48) hours in advance of constructioc includinq exploratory exe�vation if necessary. 1�11 verification of existing utilities and their adjuetment shall be considezed as subsidiary work. . CS-5.15 INTERRUpTION OF SERVICE; a. Normal Prosecutions In tbe aormal prosectuioa of wozk where t�,e �nterruption of service is necessary, the Contractor, at least 2� hours in advance, shall be required to: 1. Notify the i�ater Department'� Distribntion Division as to locatioa, time, and schedule of service iaterruption. . LJ ' cs—s c�, ����������� �� G'�C�G�D "��°�` ���''���f�;l�� �z l� U U C�:, 1� �1�� ,�; 5��I (((���,,, I �u Ul�\`i1t%'�p 0�0 � � � � � unsatisfactory procedure, the City may take such direct action as the Engineer deems appzopriate to corzect the clean-up �..i deficiencies cited to the Contractor in the wzitten notice, anc7 the costs of such direct a�cLion, plus 25� of such costs, shall be deducted frcm monies due oz to become due to the I Contractor. Dpon the completion of the project as a whole as covezed by � these Contract Document�, and before final acceptance and `� final payment will be made, the Contractor 6ha11 clean and zemcve from the aite of the project all surplus and discarded � materials, temporary stzuctures, and debris of every kind. Be ,� shall leave the site of all Work in a neat and ozcierly condition equal to that which originally existed. Surplus and I••� Waste matezinls removed fzom the site of the wozk shall be disposed of at locations satisfactozy to the Engineer. The "" Contractor shall thozoughly clean all equipment and materials installed by him and shall deliver ovez such materials and � equipment in a bright, clean, polished and neW appeazing cor,dition. No extra compensation will be made to the � Contractoz for any clean-up required on the project. � CS-5.18 FINAL INSPECTION: Whenever the work pzovided foz in and contemplated undez�the Contzact Documeats has been satisfactorily completed and final cleanup performed, the Engineez Will notify the pzoper officials of the Owner and zequest that the Final faspection be ma3e. 6uch inspection will be made �ithin 10 days aftez such notification. After su ch final inspection, if the Work and materials and equipment are found satisfactory, the Contractoz will be notified in writing of the acceptance of the rame after the pzopez zesolution has been passed by the City Council. No time charge Will be made again8t the Contzactor between aai� date of notification of the Enqineer and the date of final inspection of the wozk. r� r� r� r� � � ��,1�i ��OC�Qd �?�C�C� °�� CS-5 ( 9 ) �;;�� ti' ���r C12 ' �� �, ����bo ��� ,_�,_:. C6-6.4 SANITARY P OVISI QNS: The Contractor shall establish and eniorce among h�s employ�es such requlations in regard to cleanliness and disposal of qarbage and waste as will tend to prevent the inception and spread of infectious or contaqious diseaseo and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such requlations a� aze requizea by Law sball be put into immediat� force and effect by tbe Contraetor. The necessary sanitary conveniences for use of laborers on the work, pzoperly secluded fzom publie obtervation, shall be co�structe8 and maintained by the Contraetor aAd their use shall be stzictly eaforced by t6e Coatractor. �11 4ucb f acilities shall be kept in a cleae aad sanitary conditioa, fzee from objectionable odors so as aot to cau�e a nnisance. Al1 sanitary laws and requlations of the Stat• of Texas aad the City •hall be strictly compli�d with. C6-6.5 PIIBLIC SAFETY AND Q�N ZENCEs [rlaterials or aquipmeot stored about tbe work sba�l be so p�laced and u6ed, and tbe vork sball at all times be so coadncted, as to canse no greater obstructio� or inconveaience to the public than ii considered to be absolutely necetsary by th� Enqiaeer. The Contractor is zequired to maiatain at all times all phases of hia work in such a maonez as aot to impair tbe safety or convenience of tbe public, includinq, but �ot limited to, saf � and convenie�t iaqresa and egre�s to property contiguous to the work area. The Contractor shall make adequate pzovi�ioas to render reasonable inqress and eqress for normal vehieular traffic, axcept durinq actoal trancbiag oz pipe iastallatioo operations, at all dziveway cro�sinqa. Sucb psovisions may include bridqing, placemeat of crusbed stoae or qravel or sucb other means of pzoviding proper inqre�s aod �greaa foz tbe property oerved by tbe drivevap as tbe Eagineer map approva as appzopriate. Sncb otber means may iaelnde tbe diversioa of driveway traffic, Mitb specific approval by tba Enqineer. Zt diversion of traffic is approved bp tbe Enqineer at anp location, the Contractor shall make arraagemeata satisf actory t o the Engineez at anp loeation, tbe Contractor shall maka arrange�eats sati�faetory to tbe 8ngineer for tb� diversioo of traffic, aad Bhall, at bis ova ezpensa, pzovide all matezials and perform all Mork necessary f or tbe construetioa a�d maintenance of zoadways aad bridqe� for sacb diversion of traffic. Sidewalks must aot be ob�tructed escept by spacial permisaion of the Engineer. The materiala excavated and the coastructioe materials sucb as pipe used in tbe con�tructioa of tbe work shall be placed so as not to endanqez tbe work oz prevent free access to all f ize bydrants, fire alarm boxes, police call boxes, water valves, C6-6 (2) 1� ,�;if'���v''J�,'� ��L�IGiJ `l � ������'y' �����C��Q�� �i�.e �uG'��4 �C��. � � P � r � �h r � r �_ '�r � r �- � ,� � � � � PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBZLITY ���IQN C6-6 LEGAL RELATIONS AND OBLIC �tESPONSIBILITY .1 LAWS TO B� OBSERv�D: The ontzactoz shal� at all times observe and ccmply with all Federal and State Laws and City ordinances and zegulations which in any way affect the conduct of the work or bis opezations, and shall observe and comply with all orders, laws, ordinances and zequlations which exist or which may be enacted latez by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding cr ignorance thezeof will be considered. The Contzactor and his Sureties ahall indemnify and save harmless the City and all of its officers, agents, and employees against any and all elaims or liability ari6inq from oz baeed on tbe violatioa of any such law, ozdinance, zegulation, or or�er, whethez iL be by himself or bis employees. C6-6.2 pERMIT� AND I,ICENSgS: The Contzactor shall pzocuze all permits and license�, pay�all chargea, costa and fees, and give all aotices aecessary and incident to the due and lawful prosecution of the �+ork. C6-6.3 PATENTED �EVICES MATERI�I, S AtJD PRO�ES�SES: If the Contrector is requized or c�esirea to uae any esiqn�, device, ma�erial, oz pzoces8 covered by letter, patent, or copyriqht, he shall provide foz such use by suitable legal agreement Mith the patentee or oNaer of sucb patent, letter, or copyrighted design. It is mutually agreed aad understood that without exception the contract prices shall inclnde all royaltier oz cost azising from patents, tzade-mazks, and copy rights ie any way involved in the vork. Tbe CoAtracioz and bfs sureties shall indemaify and save harmleaa the Ovner from any and all claims for infringement by reaaoa of tbe nse of aAy such patented design, device, matezial or process, or any tzade-mark or copy right in connection vith tbe vozk agreed to be perfozmed undez theoe Contract Documents, aad sball inc]emaify the Owner for any co�t, expease, or da.mage vhich it may be obliged to pay by reason of aucb iafzinqement at any time during the prosecution of the Mork oz after completion of the work, provided, bowever, tbat�the OMner rill assume tl�e zesponsibility to defend any and all suits brongbt for the infringement of any patent claimed to be iafzinged npon by the design, type of construction or material or equipment specified in the Contract Documents furAi�hed tbe Contractor by the Owner, an8 to bold the Contractor barmleaa o� account of such suits. C6-6 (1) ! �''I��� C�I�� G?��GU �,!� r�� ���Cc� a �e�J �a J�'I�IIIIq �15G'�e cazried on in such manner as not to interfere With the operation of trains, loading or unloadinq of cazs, ete. Othez contzactors of the Owner may,.foz all purposes zequized by the contract, enter upon the work and pzemises u6ed by the Contractor and shall be provided all reasonable facilitfes and assistance for the completion of adjoining wozk. Any additional grounds desized by the Contractoz for his use shall be provided by him at his owr� cost and expense. C6-6.7 RAILwAY CROSSINGSs When ttie work encrcaches upon any right-ot-way ot any railway, the City will secure tbe necessary easement for the work. t�Phere tbe railway tzaeks aze to be crossed, the Contzaetoz shali observe all tbe regulatioas and instrnctions of the zailvay company as to the methods of performing the work and take all pzecautions foz oafety of property and the public. i�agotiations vith the railway companies foz permits shall be done by aad th=ouqh the City. Tbe Contractor shall qive the City t�otice aot less thap five days prior to the time of hfs intentions to beqin Mozk on that portion of the pzoject vhicb is zelatad to tbe railvay properties. The Contraetor vill not be given eztra oz additional compencation foz snch railvay crossiogs unleas apecifically set fortb ia tbe Contract Documents. C6-6 . 8 BARR�CADES ,�PARNZNGS �,ND i4A�CHt�tT: i�Phere tbe vork is cazried on n or sd�acent to any � ree�, allep, oz publie place, the Contractor shall at his oNn expense inrnish, erect, and maintain cucb bazsicades, fences, liqhta aad danger signals, shall pzovide sncb watehmen, and shall take all sucb othez precantionary mcasures for the proteetion of persons oz property and of the Mozk as aze nacea�arp. Barzicades and feaces shall be paiated iA a coloz tbat vill be vfsible at niqht. 1►rom snnset to •nnrise tbe Contzactor shall fnrnisti and maintaia at least one easilp visible buzainq light at each barricade. 1► •ufficieat namber of bazsicedes sball be ereeted and maintained to keep pzdestrians avap from, and vehieles f zom being driven o0 or i�to, any vork nndes constzuction oz being maintained. The Contractor •hall fnrnish Matchmea and keep tbem at their zezpective assiqnments 10 snffieieat numbers to protect the work and prevent aceident or damage. �,11 iastallations and pzoceduzes sball be consistent Kith th• provisionc set forth in the '1960 Texas Irlannal oo Dniform Traffic Contzol DeviceQ for Streets and Bfghways' issued nader the authority of the 'State of Teza� Onifozm �►ct Regnlatiaq Trafffc on Bighways", codified a� Articie 6701d oeron's Civil Statutes, pertinent 8ectiona beiag 8ection pos. Z7, 29, 30 and 31. � "'�r' '�d�.� G`��`GU°?U �� J����j� , �, ''y �" rJ U! ��ii�,w ° e U v c6-6 c t � �r .� �iG����, ��. � � � �'.' gas valves, oz manholes in the vicinity. The Owner zeserves � the right to zemedy any neglect on the part of the Contractor as regazds to public convenience and safety Which may come to ,; its attention, aftez twenty-four hour6 notice in wziting to the Contractor, save in cases of emergency when it shall bave �, the right to zemedy any neglect without notice, and in eitber �' case, tbe cost of such Work done or materials furnished by the '""� Owner oz by the City ahall be deducted fzom monie6 due oz to � become due to the Contractor. The Contractor, after approval of the Engineez, chall notify the Fize Department Headquazters, Traffic Engineer, and Police Department, when any stzeet or alley is requested to be closed oz obstructed oz aay fize hydrant ic to be made inaccessible, and, when so directed by the Enqineez, shall keep any street, atreet6, or hiqhwayb in condition for unobstructed use by fize appazatus. The Contzactoz shall pzomptly notify the Fize Department Headquarters vhen all �uch obctructed streets, alleys, or hydrants are again placed back in service. „� ivhere the Contzactor i• tequized to constzuct tempozary bzi�ges oz make otbez arraagements f or crossiaq ovez diiches � or stzenms, bis zespoasibility foz accidents ia connection � with Buch czos6iags shall include the zoadway approache6 a6 well a6 the structures of such crossing�. � The Contzactor chall at all tfines conduct hic opezation and � the use of construction machinezy so a� not to damage oz clestroy tzees and shrubi lccated in cloae proximity to or on � the site of tbe work. i�hezevez any �ucb damaqe may be done, ,�' the Coatzactor sball immediatelp satiify all claims of � pzopezty owners, and ao paymeat vill be made by the OMner ia � 6ettlement of such claims. Tbe Contractor shall file with the ; Enqineer a�rrittea statement sbowinq all such claims adjusted. �. RIGHT OF W YsLEFoz theCpeztormaa e� o���escontra�ct, �the � Contractor will be permitted to use and occupy snch portions of tbe public 6tzeets aad alleys, os otbe= pnblic place� or � other riqbts-of-way aa pzovided foz in tbe ordiaances of the � City, as ehown in tbe Coatract Documeats, os •s may be epecifically authorised in Mritinq by the Enqineez. � � zeasonable amount of tool�, materials, aad equipmeat for constzuction purposes may be stored in sucb space, but no more '' than is neces6azy to avoid delay ia tbe constructioa � operatiens. Excavated and waste matesials shall be piled or � stacked in such a way as oot to iatezfere vitb the nse of � spaces that may be aesignated to be left fzee aad nnobstzucted and eo as not to inconvenience occupants of adjacent p=operty. �1 If the etreet is occupied by railway tracko, the �►ork shall be � �� Cb-6 (3) , -_;,-.a�� c �G��°�D �� '�� �'D�:; u%4!� �.��,, J � ����' ���'::���c'1� �o �'��'��a ��o , �. � � advance of the use of any activity which might damaqe or endaager their or his pzoperty along or adjacent to the wozk. e� iqhere the use of explosives is to be permitted on the project, aa specified in the Special Contraet Document�, or the use of " explosive� is requested, the Contractoz shall submit notice to � the Enqineer in wziting twenty-four hours prior to commencing and shall f urniah evidence that he has insurance coverage to � protect against aay damages and/or injuzies arising out of euch use of explosives.� � �* Al1 claims azising out of the use of explosives shall be investiqated and a wzitten zeport made by the Contractor's �. insurers to the Enqineer within ten (10) days after receipt of �vzitten notice of the claim to the Contractor from either the � City or the claimant. The City shall proceed to qive notice to the Contractor of any such elaim. The use of explosive� �! may be auspended by the Engineer if any complaint is received � and such uce shall not be zesumed nntil the cause of the com�laint has been addresaed. ,a� iPhenever explo�ivec are atored oz kept, they shall be �tored � in a safe and secure manner and all storage places shall be a�,. plainly marked •DANGEROOS EXPLOSIVES• and ahall be nnder the care of a competent watehman at all times. 1�11 vehicles in -' Mhich explosives are being transported shall be plainly marked as mentioned above and shall, insofaz as pos�ible, not u�e �� hcavy traffic routes. C�6-6.10 i�ORlC wITHI� EASEMEpTS: i9here the vork passea over, '" throuqh, or into pzivate propertcy, the Ormer �rill provide sucb siqht-of-�vay or easement privileges as the City may deem necessary for the prosecution oi tbe vork. 7►�p additional� �, rights-of-pay or Mork azea considered necessary by the Contractor 8hall be provided by him at his own ezpenae. Such - additional ziqht,-of-vay oz vork azea shall b� acquired for � the benefit of the City. The City shall be notified in ` writinq as to the ziqhts so acquized before r►ork beqins ia the affected area. The Contractor �hall not enter npon private property for any purpose witbout haviag previoaslp obtained ' permission frc� the ownez of such propertp. The Contractor will not be allowed to store equipment or material on pzivate pzoperty unless and uatil the apecified appzoval of the � pzoperty owner has beea aecured in Nziting by tbe Coetractoz and a copy furnished to the Enqineer. Dnless specifically �° provided otherwise, th� Contractor shall clear all „� riqhts-of-way or easements oi obstructions Mhich must be removed to make possible proper pro�ecution of the work as a � part of the project construction operations. The Co ctor �, shall be responsible for the pzeservatio�f and,��,� use _, _,.' n , L -, "_ 6 IC1 1 �'�� ��L��:,irl��l►1�b ;:.} � �°„+��;,�,.iN,M �[��( w C��� ��� � � �.� .i,. �_i'ill� �.�.a �', � � The Contzactoz will not zemove any regulatory sign, instructional sign, street name sign, oz other sign which has been ereeted �y the City. If it is determined that a sign must be removed to permit zequized conbtruction, the Contzactor shall contact the Transportation and Public Wozks department, Signs and Markings Division (phone numbez 8780-8075), to zemove the siqn. In the case of zequlatory siqns, tbe Contractor mu6t replace the permaneat siqn with a temporazy siqn meeting the zequirements of the above referenced manual and such temporary siqn must be installed ptior to the removal of the permanent siqn. Zf tbe tempozary sign is not installed correctly or if it does not meet the requized specifications, the pezmanent siqn shall be left in place until the temporary aign requizements are met. When constzuctioa work ii completed to the extent that the permanent'sign can be re-instnllcd, the Contractor shall aqain contact the Signs and Mazkings Division to re-i�stall the permanent sign aad shall leave bie temperary siQn ia place until such re-installatiea is completed. The Contractoz vill be held responsible for all damage to tbe � Work or the public due to failure of barzicades, siqno, � fences, lights, oz vatchmen to protect them. �Pbenever evidence i� foun8 of �uch damage Lo the vozk the Eaqiaeez may order the damaged portion i�ediately zemoved and replaced by � the Contzactoz at the Contzactet's ovn expence. Tbe � Con traetoz'a zesponsibility foz the maintenance of barzicades, � signs, fences and lights, and foz providiaq watchmen shall not cease until the project �hall have been completed aad accepted ,; by the Ownez. . No compeasatiea, e=cept as speciiically provided ia tbese ' Contzact Documents, will be paid to the Contractos f oz the '' Work and mateziala involved in tbe constzucting, providi�q, and maintaining of barricades, siqas, fencea, and lights or � foz salazies of vatchme�, f oz tbe subsequent semoval and •� disposal of such barricade�, siqas, or for aap otber incidentals necessary f oz the propez protection, safety, aad � conveaience of the public duzing the contract period, as tbis �j work is considered to be subcidiary to the several itemc foz which unit or lump sum prices are requested in the Proposal. C6-6. 9 OSE OF EXPLOSIVE$ j DROP� �PEIGHTr ETC. s Shonl!! the Coatractoz elect to use exp18sives, drop veiq�t, etc., in the prosecution of the vozk, the utmost care shall be e�cerci�ed at all times so ae not to eadangez life or pzoperty. The Contzactor sball notify tbe proper representative of any public service corporatioA, any companp, i�dividual, oz utility, and the OMner, not less than twenty-f onr hours in �' !-+ C6-6 ( 5 ) ';;'����G��� ���C��� I�`�� ��IG�! s °� UUo 111/li�U'-��UUp ULSWc pzoposal. Therefore, no sepazate payment 6ha11 be a1loWed f or any service associated with this work. In case of failure on the part of the Contractoz to zestore such pzoperty to make good 6uch damage oz injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardoua condition resultB, proceed to zepaiz, zebuild, oz otherwise zestore such property a6 may be determined by the Owner to be necessary, and the cost thezeby will be deducted fzom any monies due or to become due to the Contzaetor undez�this Contract. C6-6.11 �NnF.PENDENT �QN�RACTOR: It is undezctood and aqzeed by the partie6 bereto ha Contraetoz chall perfozm all wozk and service� hezeunder aa an independent eontraetor, and not as an officez, agent, sezvant or employee of the Owner. Contractoz �hall have esclusive contzol of and the exelucive ziqht to control the details of all tbe vork aad serviceQ performed hereunder, and all per�ons performinq came, aad shall be aolely re�ponsible for the acts and omi�sio�Q of it• officers, agents, servants, employees, eoatzaetors, subcontractozs, licensees and inviteeQ. The doctzine of respondeat supezior shall not apply as betveen O�ner aad Contractor, its officeTa, agents, employees, coctractor� and �ubcontractors, and nothing herein ahall be construed as ezeating a partnership or jofat enterpzise�betveen Owner aad Contraetoz. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR D�MAGE CL�IMS,s Contractor covenants and agrees to, and doea bereby iodemnify, hold harmless aad defend Ovner, fta ofiicers, agents, servants, and employees froaa and against any an all claim� oz =uitc foz pzepezty damage oz locs and/oz personal injury, in�luding death, to any and all per�ons, of rrhatsoever kind oz character, Mhetber zeal or assezted, arisinq ont of or in connection with, directly os indizectlp, tbe aork and services to be perf ozmed hereunder by Contractor, its officers, agents, employees, contractozs, subcootractors, licensees ot invitees, whether or not cauced, ia Mbole or i� part, by alleged ncgligence on the part of offieers, agents. �ervants� employee�, contractors, subcontzaetors, licensees and invitees of the Owner; and said Contractor does hereby covenaAt and agree to assueae all liability and re�pon�ibility oi O�mar, its off icers agents, servants and em�ployees for property damage or loss, and/or personal injurie�, iacludinq death, to any and all persons of whatsoevez kind or character, vhethez real or asserted, azisinq out of or in con�ectioo with, directly or indirectly, the work and services to be performed hereuAdez by Contractor, its officers, agents employees, contractors, subcontractors, licen�ees and invitees, whetber or not caused, C6-6 (8) - ^ , ' �" � u `�D '� ,_;+�� jr''�•''� L;�:�:�.� �-.� l^ � ���J3`UI ��ISIt'�VC��QY ' U Uo U�i L�t� (�y �LSW. � � r 1 � every precaution to pzevent damage to all trees, shzubbezy, � plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewes, and gas .� lines, to all conduits, overhead pole lines, oz appurtenances � thezeof, including the ccnstructioa of tempozary fences, and to all other public or pzivate property along adjaceat to the wozk. � � LJ � �� � � The Contractor shall notify the propez zepzesentatives of owners or occupants of public oz pzivate lands oz intezest iA lands which might be aff ected by the work. Such notice shall be made at least 48 houzs in advance of the beqinning of the wozk. Notices ahall be applicable to bcth public and pzivate utility companies oz any eorpozation, coenpaay, individual, or othez, eithez as owners or occupants, whose land oz intezest in land might affected by the Nozk. The Contractot shall be zesponsible fot all damage or injury to pzoperty of any character resultiaq fzom any act, omibsion, neglect, oz misconduct in the mannez or method oz execution of the wozk, oz at any time due to defective work, matezial, oz equipment. whe� and Where any dizect oz indirect oz injury is done to public or pziva��. �zo�eP¢3� o�: ��:count c� a�l� a�t, omis6ioa, neglect, or misconduct in tbe execation of the vozk, or in consequence of tbe non-execution thereof on the part of the Contzactor, he shall zestore or have zestored at his owa eoet and expense 6uch property to a condition at least eqnal to that exi6ting before ouch damage oz iajuzy waQ done, by repairing, zebuilding, oz otherwise zeplaciaq aad zestoring as may be dizected by the Ownez, oz he shall make good such damages or injury in a manner acceptsble to tbe ovnez of tbe pzoperty and the Engineer. All f eace6 encountered aad rea►oved duzing conatruetioa of this project shall be restored to tbe ozigi�al oz a better than original condition upon completioa of this projeet. when wire fencing, either Kire meab oz barbed Nire ia to be crossed, the Contractoz �hall set cro�s braced posts on eithez aide of permanent easement bef ore the f eace is cut. Should additional feace cuta be necessary, the Coatzactor shall provi8e cross braced posta at point of the proposed cut in addition to the crotc braced posts pzovidad at the permanent easements limits, before the fence is cnt. � Temporary fencing shall be erected in place of th� zemoved whenever the wcrk is not in proqress and site is vacated overniqht, and/or at all times t� � livestock fzom eatering the construction area. Tbe � fence removal, tempozary closures and replacemeat subsidiary to the vazious items bid in tbe �"� :� � C6-6 (7) e fencing Mben the � preveat coct f oz sball be project �:���UJ�vu��i� ����C�G�D ��= U�� �r�':; I��IfG;lU1� � u u--�w�':'�ll Up ��Wo expization of the siz month period the Directoz �nay zeeommena that final payment be made if all othez work ha� been pezformed and all othez obligations of the Contractoz have been met to the �atisfaction of the Director. The Dizector may, if he deems it appzopriate, refuse to accept bids on othez Watez Depaztment Contract work from a Contractor aqainst whom a claim for 8amages is outstandinq as a zesult of work performed undez a City contzact. C6-6.13 f'ONT�tACTOR'S CLAIM FOR DAMAGES: Should the Contractor elaim compensation for any alleged damage by zeason of the act� or omissions of the Ovner, he shall within thzee days after tbe actual 6ustaioing of such alleged damage, make a wzitten �tatement to the Engineet, setting out in detail the nature of the alleged damaqe, and oa or before the 25tb day of the month oucceeding that fn �+hich any such damage is elaimed to have been sustained, the Contractor sball file vith the Engineer an itcmised statement of the details and amount oi such alleged damage aad, upon zequest, shall give tbe Engineer access to all books of account, receipts, vouchers, bills oi ladioq, and other book� oz papers containiaq aay evidence as to the amount of �uch alleqed damage. Onless such statements shall be filed as hezeinabove requized, the Contractoz's claim f or compen�atioo shall be vaived, and be sDall not be eatitled to paymeat on account of such damages. C6-6.14 ADJpSTMENT OR RELOCATIOp OF PIIBLIC DTZLITZES EZ'C.t Zn case it is necessary to change, move, oz alter �n any manner tbe pzoperty of a pnblie ntility or others, the said property shall not be moved or intezfered witb until orders thereupoc have been iasued by tbe Lnqineez. The riqht is reserved to the owners of pnblic utilities to enter the geoqraphical limfts of tbe Contract foz the purpoae of making such changes or zepaizs to their property that may be necessary by the performance of thia coatzact. C6-6.15 TEMPQRARY SEWER AND DRAIN CONNECTIQNS,s i�Qhen existing sewer lines [�ave to be takea up or zemoved, tbe Coetractor �hall, at his own expenae aad co�t, provide and maintain tempozary outlets aed connections for all privat� oz public drains and sewers. The Contractor �hall also take care of all sewaqe and drainage which will be received from tbe�e drains and sewers, and foz this purpose be �shall pzovide and maintain, at his own cost aad expenss, adequate pumping facilities and temporary outlete oz diveraion�. The Contzactoz, at his ewo cost and e�cpense, shall construct such tzoughs, pipes, ot other structure� necessazy, aAd be pzepared at all timea to dispose of drainaqe and sewage C6-6 (10) ;,;� U��,�-��:�:��,.'�:'i��GU°�� `I! ��y� �,?Ii�,G��c� Y vl' � C'�v f�. �'�`''�+ �• i � � � � � � � � � � � � � in Whole or in pazt, by alleged negligence of officers, agents, servants, employees, contzscLors, subcontzactors, 'licensees or invitees of the Ownez. Contzactoz likewise covenants and agrees to, and does hezeby, indemnify and hcld hazmless Owner fzom and against any and all injuzies,loss oz da.mages to property of the Owner duriag the performance of any of the terms and conditions of this Contract, whethez aribing out of oz in connection with oz zesulting from, in vhole oz in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractozs, subcontzaetoz6, licenses, or invitees of the Ownez. In the event a wzitten claim for dnmages aqainst the contractoz oz its subcontzactorc zemains unsettled at the time all work on tbe pzoject has been completed to the satisfaction of the Dizectoz of the i�atez Department, a6 evidenced by a finnl inspection, final payment to the Contractor �hall not be zeco:nmended by the Directoz of the water Depsrtment foz a peziod of 30 days aftez the date of �uch final inspection, unless the Contractoz shall oubmit wzitten evideoce satisfactozy to the Dizeetor that the elaim has been settled and a release has been obtained fzom the claimant iavolved. If the claim concerned ZCIDaSD6 unsettled as of the e�cpiration of the above 3D-day peziod, the Contractoz may be deemed to bc eatitled to a cemi-final payment for vork completed, such semi-final payment to be in an amonnt equal to the total �ollaz amcunt tben due less the dollaz value of any rrritten claims pending against tbe Contzactoz arising ont of the performance of such �+ork, aad such aemi-final payment may thea be recommended by the Dizector. The Dizectoz shall not =ecommend fiaal payment to a Contractor against whom such a �laim for damages is outstandiaq for a period of cix months followioq the date of the acceptance of the Nczk performed unless tbe Contraetoz snbmit6 evidence ia wziting sati�factory to the Director that: 1. The claim bas been aettled and a release has been obtained fsom the claimant involved, or 2. Good faith outstandiAg have failea. efforts have been made to settle such claims, and sucb qood f aith efforts If condition (1) above is met at any time witbia the oix month � period, tbe Director shall recoa�end that the final paymeat to the Contzactor be m,ade. If condition �2 ) above is met at any time within the si a mes�t torthe�Contractortbe madezeCAt�the � that the final p Y -1� � � C6-6 t9) ���=���vG/��i� �'[���G�D � =�l�ti' ���'� �� ' °�1� U�a �'1'�� ����o ���a thezeof by action of the elements or fzom any cause whatsoevez, whether arisinq from the execution or nonexecution of the work. The Contractor shall zebuild, repaiz, zestore, and make good at his own expen8e all injuzie� or damage to any portion of the work occa6ioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGATS: Inspection by the Enqineez or any order by the Owner by payment of money or aoy payment for or acceptance of any wozk, or any extension of time, or any possession taken by the City shall not operate at a waivez of any provision of the Contract Documents. �ny waiver of any. bzeach oz Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserve� the zight to correct any error tbat may be discovered in any estimate that may bave been paid and to adjust the same to meet thc requizements of the Contract Documents. C6-6.20 PERSONAL LZABILITY O! PIIBLIC OF ICII�I.S: I� carrying out the pzovisioni ot' theQc Contrac� bocument� or in exercisinq any pover of authority qranted thereundez, there shall be no liabilfty upoa the authorised representativet of the Owaez, either per�onallp or othervise as they are agenti and repreaentatives of the Citp. C6-6.21 STATE SALES TAX: On a coatract aMarded by the City of Fort worth, an orgaaization Mhicb qualifies for exemptioa pursuant the provisions of l►rtiele 20.04 (8) of tbe Texas Limited Sales, exeise, and Dse Taz �1ct, the Contzactor may purchase, zent or lease all materials, snpplie� and equipment used or consumed in the perfozmance of this cootraet by issuinq to his supplier an exemption certificate ia lieu oi the tax, said exemption certificate to comply vith 6tate C omptzoller's Ruling .007. 7�ny sucD exemption certiiicate issued by the Contractor ie lieu of the tas shall be subject to an3 shall comply vith the pzovisions oi State Comptroller's Rulinq .011, and any other applicable Stat� Comptroller rulings peztaininq to the Texas Lim�ted Sales, Lscise, and Dse Tax Act. On a contract awarded by a developer for the construction of a publicly-owned improvemeot in a street right-of-way or other easement which ha� beea dedicated to the public and the City of Fort Worth, an organization ahich qualffies f or exemption puzsuant to the provisions of Article 20.0� (H) of tbe Texas limited Salea, Excise, ana Dae Tax Act, the Contractor cao pzobably be exempted in the same manner stated above. �;�;�+���`�'"U�:L i�����G�G i�";����' �"���� � ° 1( � ii C�) v C6-6 � 12 ) �1�0 �'t�i�'.��� ��. _..._..__ �' � � � zeceived fzom these temporary connections until such�times as � the pezmanent connections are built and are in service. The existing sewers and connections 6hn11 be kept in 6ervice and � maintaine8 under the Contzact, except When specified os ozdered to be abandoned by the Engineez. Al1 water, sewage, �, aad othez waste shall be disposed of in a 6atisfactory mannez � so that no nuisance is created and so that the wozk undez conatruction will be adequately pzotected. C6-6.16 RRAN EMFNT �,Nn r��,R�FE FOR WATER FII NISHED BY THE CITY: W�en t�e Contractor �esires to use �ity watez ia connection with any construetion work, he shall make complete and satisfactory arzangements wiih the Fort worth City watez Department foz sc doing. � City watez furnished to the Contzactoz shnll be delivered Lo the Contractcr irom a conneciion on an existinq City main. ;-� All piping requized beyoAd the point of delivery shall be � installed by the Contractoz at hii owA expense. The Contractoz's responsibility ia the use of all existinq fire hydzant and/oz valves is detailed in 6ection E2-1.2 DSE OF FIRE HYDRANTS 1►ND VALVES in these Genezal Contract Documents. � when metera aze used to measure the vater, tbe chazges, if � any, foz Water will be at the regulaz established zates. i�hen „� metera aze not u6ed, the charqes, if any, Mill be as prescribed by tbe City Ozdiaance, oz wbere no ordinance �j applieo, payment sball be made on estimate� and zates �; ebtablished by the Director of tbe Port iAortb i�ater Depart�ent. � C6-6.17 DSE OF A SECTIO�T OR PORTION OF TSE wORlC: iPhenevez, in � the opinion of the Eagineez, aay aection oz portion of the � work or aay struetuze is in suitable condition, it may be put into use upon the writtec ozder of the Enqineer, and such �J usage Shall aot be held to be i� any way an acceptance of said � work or structuze oz any part tbereof or as a r►aiver of aay of the pzovisioas of tbese Coatract Documentr. 1►11 nece�sary � zepairs and removals of aay section of the work so put into use, due to def ective materials or vozkmanship, equipment, or �,,,,, to deficient operatioa6 on tbe part of the Contractoz, shall ,,, be performed by the Contractor at hi6 �wa expease. C6-6 . 18 CONTRACTOR' 6 RESPONSIBILITY lOR. TSE _�POR1Cs Dntil written acceptaace by the Owaez as pz�ovided �or ia these Contract Documeats, the Mork shall be under the charge ana care of the Contractor, aaa he shall take every necessary precautioa to prevent iajury oz damage to the work or any part � � b.re �.��If�.�',UG�� �_15�J�� C6-6 f 11) ��-u K��,,; =�� �� � o ;�O�u� ��C�.'�G�C��17 � . � G�o ��`�`"�,'' �'l i�, ��"�o � Limited Sale, Excise and Use Tnx permits and inforeaation can pG' be obtained fzom: Comptrollez of Public Accounts Sale Tax Division Capitol Station � Austin, TX � , � � ! �G� ������� �?���CJ�� Cb-6 � 13 ) !�G�� ii �� c�� °' � e ^ " r �� � G:���1� � i r� � � �._ . ��30 �...� ,. «:���, p � .�� pzosecuting the wozk and ordering materials and equipment which he expects to follcw in order to complete the pzoject in the scheduled time. There shall also be subcaitted a table of estimated amounts to be earned by the Contractor duzinq each monthly estimate period. The Contractor shall commence the Work to this contract within the time limit stated : Document� and shall eonduct the wozk in a and with sufficient equipment, matezial�, necessary to insure its completion withia the �e performed undet n these Contraet continuous mannez and labor as is time limit. The sequence requested of all construetion operations shall be at all times as specified ia the Special Contraet Document�. Any deviation from scub �equeneing shall be submitted to the Engineer for his approval. ContTactoz shall not proceed with any deviation until he has received wzitten appzoval fran the Enqineez. Such specification or approval by the Engineer shall oot relieve the Contractor from the full responcibility of the complete performance of tbe Contract. The contract time may be C7-7.8 •EZteDS100 of Tia►! and a pzoqrec� �chedule contract time. changed only as set forth in Section of Completioo' of tbis �►qzeement, shall not cocstitnte a change in the C�-7.4 LIMITATIONS OF OPERATIONSs The vorking opezationo 6ha11 at all times be conducted by the Coatractor so aa to czeate a minimum amount of iaconvenience to the public. !►t any time when, in tbe judgmeat oi tbe Enqineer, the Contractor has ob�tructed or closad or is carrying on operations in a portion of a stzeet or public May greatez than ia necessary for the propez e�cecution of ti�e vork, the Enqioeer may require the Contractor to ffaisb tbe sectioa oo vhicb operatioas are in progre8s before the work is eommeaced oo anp additional •ection oz street. C7-7.5 CHARACTER OF W�RlCl�N AND �II��I�NTs I.ocal labor shall be used by the Contzac or is ava la e. The Contractoz map bzinq in from outside the City of rort i�orth his key mea and his superintendent. 1�11 otber MorkIDen, inclnding eqnipment operators, may be importad ocly after th• local •upplp is exhausted. The Contractor shall emplop only �ueb superintendents, foremeo, and workmen who are careful, competent, and fully qualifiad to p�zf orm tbe auties or taska assigned to tbem, and the Enqineer may demand and securt tbe summary dismissal of any pereon or pertoas employed by the Contractor in or about or on the vork �ho, in the opinion of the Owner, shall misconduct himself or be found to be incompetent, diszespectful, intemperate, dishonest, or 4 �;'�'ij=:':;�i'_5 u.i�l��J°�@ C7-7 � 2 ) � ��o �"�''��a_.'r�' �� � f�i'i' N�l:; alo�QM S�I�M � � � a' . .' �.. � � : . � . .r .• a � .� � 1� � PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS � SECTION C7-7 PROSECUTION AND PROGRESS: � 1 '.�.. C7-7.1 SDBLETTING : The Contzactor shnll perfozc► with his own organisation, ana with the assistance of workman under his immediate superintendance, Mork of a value of not less than fifty (50�) percent of the value embraced in the contract. If the Contzactoz aublets any part of the wozk to be done undez these Contract Documents, he Will not undez any circumstances be relieved of the responsibility and obliqation assumed nndez theae Contzact Documents. �ill tran�acticns of the Engineer will be vith the Contractot. Subcontractozs will be considezed only in the capacity of employees oz wozkmen of the Contzactoz and shall be subject to the same requirementa as to charactez and competency. The Owner Mill oot zecognise any subcontraetor on the work. The Contractoz •ball at all times, when Lhe work is in operation, be represented eithez in person or by a superintendent oz other desiqnated zepzeeentatives. C7-7.2 ASSIGNMENT OF CONTRl�CTa The Contzactor shall nct assign, transter, sublet, convey,�oz otherMise dispose of the contract or hia riqht6, title, or intezest in or to the same oz any part thereof xithout the pzevious consent of the �wnez expressed by zesolution of the Citp Council aad concurred ia by the 6ureties. Zf the Contzactor dxs, vitbont ancb pzeviou� conaent, a�siqa, � transfez, sublet, coAvey, or otberxise dispose of the contract �; oz Dis zigbt, title, oz iatezest thereiA or any part thereof, to any perton oz persoas, partaership, company, firm, oz ,� corpozation, oz does bp backzuptcy, voluntary oz iAvoluntary, 1! or by assignment nnder t6e insolvenep law� of any state, � attempt to dispose of the coatract may, at the optioA of tbe Owner be revoked and annnlled, unless tbe Suretie� shall �' successfully complete said contract, and in tbe event of any � such revocation or annnlment, any moaies due oz to becoIDe due undez oz by virtue of said contract shall be retaiAed by tbe � Owr�er as liquidated damagea for the zeasoa that it vould be impracticable and estreIDely diificnit to fiz tb� actual damages. C7-7.3 PROSECOTIOp OF THE MOR�C: Pzior to beqinninq any construction operation, tbe Coatractor shall submit to the Engineer in five or moze copies, if zequested by ti�e Engineer, a progzeas achedule preferably ia chart or diaqram f orm, or a brief outlining in detail and step by step the mannez of � �� ��,�-�����G�!:� ���CG�� . C7-7 (l I r��i��;%c��`�� ` °� � , � '�''110 t`�� '��:��lo ��{. _..,....�.� .� C7-7.7 TIME OF COMMEN�E ENT AND COMPLETION: The Contractor shall commence the wor�ing operations withia the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall�be considered by the Ownez as abandonment of the Contract by the Contractor and the Ownez may proceed as he sees fit. The Contractor shall �aintain a rate of progress sueh as will in�ure that the whole work will be performed and the pzemises cleaned up in accordance With the Contract Documenta and wit�in the time establish�d in such doeumentc and such extension of time as may be pzoperly authorized by the O�wner. ���7.� EXTENSION OF TSI� CO LETIOP: The Contraetor's request for an extension of time o� completion shall be considered only wheA the request for such extensioo is submitted in M►ritinq to the Enqinees vithin seven days from and after the time alleqed cause of delay shall have occurzed. Should an extension of the time of completion be requested such zequest xill be forwarded to tbe City Council foz approval . In adjusting the contzact time foz completion of vork, consideratioa will be qiven to unforseeable eauses beyond the control of and vithout the fanit or negliqence of the Contractor, including but limited to acts of the public enemy, aets of the Owner, fire, flood, tornadoe�, epidemics, quarantine restrictioas, stzikea, fzeight embargoes, or delays of sub-contractor� due to sucb causes. when the date oi completion is baeed on a calendar day bid, a request foz exteasion of time becauae of inclemeat weather will not be considered. � zequeat for extension of time due to inability to obtai� supplies aad materials will be considered only vhen a zeview of the Contzactor's puzchase order dates and other per�inent data as requested by the Engineer iadicates tbat tbe Contraetor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate �ources in case the firtt souzce cannot meke delivery. If satisfactory execution and completion of tbe contzsct sbculd require work and materiats ia gzeater amounts or quantities than those aet forth i� the appzoved Contract Documents, then the contract time may be iocreased by Change Order. C'-7.9 DELAYS: The Contractor shall receive �� delays oz hindrances to the work, except � u..voidable extra cost to the Coatractor i� f ailure of the City to provide information � C7-7 t�) 0o compensation rhen direct and � caused by the �r ma �er-3ra-�; i f . 1j �'I ` . �� I �n_ �I ��� � vi ��u� �„j J c; o ��_ �. ��1( c"i��r�' � °� (�, �JUG?�N�, �� � � � � � � L� otherwi6e objectionable oz neglectful in the propez performance of hi6 oz their duties, or who neglect6 or zefuses to comply with oz cazzy out the clizections of the Owaez, and such person or persons shall noi be employed eqain thezeon withcut wzitten consent of tbe Enqir►eez. All worktnen shall have sufficieat Skill, ability, and expezience to pzopezly pezfozm the wozk assigned to them and operate any equipment necessary to pzoperly carry out the performance of the assiqned duties. � The Contzactor shall fuznish and maintain on the work all such equipment as is considered to be necessary for pzosecution of `� the wozk in an acceptable maanez and at a satisfactory zate of pzogzess. Al1 equipmeat, tools, and machinezy used foz "� handlinq matezials and executing any part of tbe vork shall be � 6ubject to the appzoval of the Engfneez and shall be maintained in a catisfactozy, safe and efficient working condition. Equipment on any portion of the wozk shall be such � that no injury to the v►ork, wozkmen or adjacent property will result from its use. wl C7-7.6 WOR�C SC$EDII�E: Elapsed Mozkinq day6 shall .i s�.artirag wi�h �h� iiz�¢�. day o€ wozk compltted� as C1-1.23 '�ORRING DAY' or the dete stipulated ia be eomputed defined in the •WORlC ORDER" foz beginning work, nhichevez comei fir�t. '�' N othinq in these Contract Documents ahall be construed a6 prohibiting the Contractor fzom v�rkiaq on 6aturday, Sunday oz � Legal Holidays, providiag that the following requizem�nts are met: �_� .J � , ' ' � , a. l� request to vrork oa a rpecifie I,egal Holiday must be made to the than tbe proceedi�q Thnzsday. Saturday, Sunday or Eaqir,eez no later b. Any work to be done on the pzoject oa sueh a specifie Saturday, 6unday oz Legal Holiday must be, in the opinicn of the Engineez, e�seatial to the timely completion of the project. The Engineer's aecisioA shall be final in response to iuch a request foz appzoval to work on a speci�fic Satnrday, Sunday or Legal Holiday, an8 no extra eompeasation shall be allowed to the Contractor for any wozk perfozmed on sueh a specific Saturday, Sunday or I.eqal Holiday. Calendar Days shall be defined in C1-1.24 and the Contractor may wozk as he so desizes. C7-7 (3) ,,�,,,��p�GB�� ��[��G�� 'v ���f C �'�'IA'� d � U U Ila �� C,I�, U �YNs S 500,001 to S1,000,001 to 52,000,001 and ov:r 51,000,000 inclusive S 315.00 52,000,000 inclusive S 420.00 . a 630.00 The pazties hereto understand and agzee th� City caused by the Contractoz'� delay in coa hereundez in the time speeified by the Cc would be incapable or very difficult of accu and that the "Amount of Liquidated Damages out above, is a reasoeable forecast of just the City foz harm caused by any delay. �t any har� to the pleting the wozk ntract Documents rate estimation, Pez Day•, as set compensation due C7-7.,j11 n p SION BY COORT ORDER: The Contractor shall suspena�opeta ions on such part or part� of the work ozdezed by any court, and will not be entitled to additfonal compensation by vfrtue of such court order. Neithez will he be liable to the City in the event the �rork is suspended by a Court Ordez. Neitber will the Owner be liable to tDe Contractoz by virtue of aAy Court Order or action foz which the Owr�er is not �olely responsible. C7-7.12 T M pRARY sIISPENS QN: The Oaaez shall have the ziqht to suspen� �be wozk opera�laa vholly or in part for sucb period or periods of time as be may deem nececsary due to unsuitable weather conditioas or any other uafavozable conditions which ia the opinion of the Owner or Engineez cauae further prosecution of tbe vork to be uasatisfactory or detrimeAtal to the iotere�t of the projcct. Duriaq temporary suspension of work covered by this contract, foz any reason, the Owner vill make no extza payment for stand-by time of constructioc equipment and/or con�tructioc crev�. If it should become necessary to suspend work for an indefiaite peziod, the Contractor shall stoze all matezials ia such manner that they vill not obstruct or impede the public unnecessarily nor become da:naged in any wap, and he ahall tak� e very precaution to pzevent damaqe or deterioratioa oi the work performed; he 6hall provide suitable drainage about the vork, and erect temporary structurer vhere necessary. Sbould the Contractor not b� able to eomplete a portion of the project due to causes beyond the contzol of and Mithout the f ault or negligence of the Contractor as set forth i� Pazagraph C7-7.8 EXTENSSON OF THE TIME OF COMPLETIOtJ, and should it be determined by mutual consent of the Contractor and the Enqineer that a�olution to allow construction to proceed ia not available withio a reasonable peziod of time, then the Contractor may be reimbursed f or the cost of moving his equipment off tbe job and zeturning the necessary equipment to the job when it i� determined by the Enq.iAeer � � ������� �vUG�� e`.�'I�'�'J`�L c�—� c 6 � � ��:,� 'u��V ��'GG����( �. 1'NV�1�9 �� � � � � � �� � . any, which is to be furnished by the City. When such extza compensation is claimed a written statement thereof ahall be presented by the Contractoz to the Engineer and if by bim found correct shall be appzoved and zeiezred by him to the Council for final approval or disappzoval; and the action thereon by the Council shall be final ana bindinq. If delay is caused by specific orders given by the Engineezr to ctop work, or by the performance of extza Wozk, or by the failuze of the City to pzovide material oz necessary in6tzuctions for carrying on Lhe work, then such delay will entitle the Contractoz to an equivalent exteasion of time, his application for which shall, howevez, be subject to the approval of the City Council; and oo such extension of time chall zelease the Contractor or the surety on hi6 periormance bond fzom all his obliqations hereunder which �hall zemain in full force until the discharge of the contract. "� C7-7.10 TIME OF COMPLETIO : The time of completion is an � essential element of the con�ract. Each biddez shall indicate ; in the appzopriate place on the last page of the Pzopocal the .� r,umber of working days oz calen!!az dayo that he will require tc f ully eomplete thi.s contract oz the time of completion will � be specified by the City in the proposal section of the � contract dccumer+.�a. The number of days indicatea shall be a realistie estimate of the time required to complete the vozk covered by the specific contract being bfd upon. The amount of time so itated by the successful biddez oz the City vill become the time of completion specified in the Ccntract Documents. �'1 Foz each calen�ar day that any Mozk ahall zemain nncompleted after the time 6pecified in the Contract Documents, oz the inczeased time graated by the Ovner, or as automatieally inczeased by additional vcrk or materialc ordered af tez the contzact is signed, the sum per day given.in the following schedule, unless otherv►ise specified ie othez part� of the Con�zact Documents, vill be deducted from moeies due tbe Contractor, not as a penaity, but as liqnidated damages suffered by the Ownez. � AMOUNT OF CONTRACT � Less � S 5,001 to � S 15,001 to $ 25,001 to � S 50,001 to � S 100,001 , to � � ,J �� : than $ 5,000 � 15,000 $ 25,000 $ 50,000 $ 100,000 S 500,000 C7-7 (5) inclusive inclnsive inclnsive inclnsive inclusive inclu6ive S S S � 35.00 45.00 63.00 105.00 154.00 210.00 ,"1��=���%� �'��J�� ����' ���'rG����l� ,,' IVi''n;�'"�'��Q �o b• Substantial evidence that progress of the work opezations by Contractor is insufficient to complete the work within the specified time. �• Failure of the Contzactor to sufficient labor and equipment the working operations. provide and maintain to pzoperly execute d• Substantial evidence that the Contractor has aban8oned the work. � �• Substantial evidence that the Contractor has become i�solvent or bankrupt, or otherwise finaneially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents oz to eomplp with any orders qiven by the Engineer ot Owner provided for in the�e Contr3ct Documents. 9. Failvre of the Contractor�promptlp to make good any defect in materials or �+orkmanship, or any defects of any natur• th� corzection of vhich ha� been directed fn �rriting by the Engineer or the O�mer. h. 8ubstantial evidence of collusion for the purpose of illegally procuzinq a contract oz perpetzatinq f raud on the City in the construction o: vork under contzact. i. �► snbstantial indication that the Contraetor has made an unautharized assignment of tbe contract or any funds due therefro� for tbe benefit of any ereditar or for any other purpose. j. If the Contractor shall foz any cause whatsoever not carry on tbe vorking operation in an acceptable manner. k. If the Contractor commences legal action agaiast the OMmer. l� copy of the suspen�ion order er action of the City Couneil ahall be served on the Contraetoz'• Suretiea. whea work ii suspended for any cause or causes, or vhea the co�tract is cancelled, the Contractor shall discontinue the vozk or such part therPof as the Owner shall designate, vhereupon the Sureties �3y, at their option, assume the contraet or that portion thereof which the Owner has ordered tbe Contractor to fliscontinue, and may perform the sa�oe or may, Mit�—t�te—rri 1 ����, _ .'6=a'- � —... J '�� .'''''r�;� � ��u:� b`�5'����ti'•�_'�� c%-� � e � �� :�� U �0 C�L���� G? � ���� , I�% l�nc'�r:'��IP � �so "� � � and no pr�fit will be allcwed. that constr�ction may b� r�sume3. Such reimbursement shall be bnsed on act�al cost to the ContracLor af movin� �he eqiipment No zeimbutsement shnll be allowed if the e�uipment is movsc3 ta "`� another constzuction pr�ject for the City ef Fort �torth. � The Contractoz shall not suspend work wiihout wzitten noticp ' from the Engineer and shall proceed with the work opPrations promptly when notiiied by the Engi�eet to �o zesume operations. � �, ,� � C7-7.13 TERMINATION OF ONT ACT DUE TO NATIONAL EM RGEN : ahenever, because of Nationa� Emergency, so declare� by t�e Pr�sident of the Uni:ed 6tates or otber lawful authority, it becomes impossible for the Contractor to obtain all o: the necessary laboz, materials, and equipment for the prose�ution of the work with zeaeonable continuity ior a p:ziod of two months, the Contractor shall within �even days notify the City in writing, qiving a detailed 6tatement of the eFforts which have been made and listing all necessary items of labor, materials, and equipment nat obtainable. If, aftez investigations, the OWnez finds that Buch conditiona existing an� that ;:he inability of tbe Contractor to pToceed Y� not attributable in whole oz in part to the fault ot �egleet of the Contract, then if the Owner eannot after reasona5le eff ort assist the Contractor in pzocuri�g and making available the neceseary labor, �atezials and equipment vithin thitty days, the Contractor may request the Owner to terminat� the coatrsct and the Own�r may co�ly with the request, an8 the tera►ination stiall be conditioned and base3 upon a final settlement mutually acceptable to both the Owner and ths Contractoz anci final payment shall be made in accoc8an�� with the terms of the agreed settlement, ahich ohall include, but aot be limite3 :o, the payment for all work executed but no antieipate3 profits on Nork .vhich has not been perf�r�n�3. C7-7.14 SUSPENSION OR ABAND�N �1Z' �F T8E WORlC CONTRACT: T!�e W�zk opPta��ons on all �r � section of the wozk ander Contr�ct sha immediately on writLen �rder oE th' Engineer m3y b� ci?clared canc�11�3 by t:�e City Counci � sufficient cause. She followiag, 5y way of oE limitation, may be consi3�red graunds f cancellatio�: � -� � � � � AND ANNUI.l�NT OF any portioa oz 11 be suspended oz Lhe Contre�t 1 for any go�d an3 example, but �ot or �usp�n�ion or �. Failure of the Contractor to commenc� work operations Within Lhe time �specified in the W�rk � Or;er issued by the awc�er. . . �����<;�1�� G��C�uQ� r.%�% ��%� U,."I!IIUrCN���:US' d D� �� i�o �if ��'�,��o ��. been finished and completed, the final inspection made by the Enqineez, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATIOIJ F��, f`nP]`�F;N�FN�'F: OF THE OWNER: A. NO ICE OF TERMINA IONs The performance of the work un�er this contrac� may be terminated by the Ownez in whole, or fzom time to time in part, in accozdance with this cection, whenever the Ownez shall detezmine that such termination is in the best interest of the Owner. l�ny such termination rhall be effected by mailinq a notice of tezmination to the Contractor specifyinq the extent to which performance of vrozk under the contract is terminated, an� the date upon which such termination beeomes effective. Receipt oi the notice shall be deemed conelusively presum�d and established when the letter is placed ia the Daited State6 Mail by the Owner. Purther, it shall be deemed eonclu�ively presumed and established that such termination is made Mith just cau�e as thereia stated; and no proof ia any claim, demand or auit shall be zequized of the Owner zegarding such dieeretionary actioa. B. �ONT�tACTOR �►CTION: �ifter zeceipt of a notice of erminatioa, aod except as otherrise dizected by the Enqineer, the Contractor shall: 1. Stop vork under the contract o� the date and to the extent specified in the aotice of termination; 2. place no furthez orders ot subcontraets for materials, service� or facilities except as may be necesaary for completion of such portion of the work under the contract as is not terminatedf 3. terminate all otders and iubcontracts to the extent t6at they relate to the perf ozmance of work terminated by the notice of terminatioa; 4. transfer title to the manner, at the if any, dir�cted by r, ' . _ � �._... C7-� f10) the Owner a�d delivet i� timea, and to the exte�t, the Engineers '��'i''i�J'�6�=`i�� 5'���UUt� ,' .�� ;,� ���"�G' ' °� ����.s _ : n.,<:... 'r �. : ��'�:''��'ti �, . r � r� � r� .� r� � r,� wr r� �'� � � r� � consent of :he �wner, sublet the wozk or that portion of the work as taken over, pzavided however, that the Sureties shnll exercise theiz option, if at all, within two we�ks after Lhe written natice t� disconLinue the work has been sezved upon the Contr�ctor and upon the Suzeties or their authoriz�d agents. The Sureties, i� such event shall assume the Contractor'� plac� in all respects, aad shall be pa:d by the Owner for all work pezfermed by Lhem in accordance with the terms of the �ontract Doc�ments. All monie� remaining due the Contractor at the time of this default shall thereupon become due and payable to the Suzeties as the wozk progresse5, subject to all of the terms of the Contract Documents. In case the Sureties 8o net, within the hezeinabove specified ti�ne, exercise their zi3ht and option to a�sume the contract responsibi'lities, or that portion thereoF which the Owner has ordered by Lbe Contrac�or to diacontinue, tbes� the Ownez shall have the power to coeaplete, by conGract or otherwise, as it may determi�e, t:�e w,rk herein desczibed er such part thsreof as it may deem necessary, and the Contractoz hereto agzres that the Owner ahall have the zight to take pcsses�ion of anr� use a�y materials, plants, tools, equipment, suppliea, and property of any kind provided by the ContracLor for Lhe puzpose of earrying on the work an8 to procure other tools, equipment, materials, labor ana pToperty for the co�npletion of the werk, and to charge ta the account of the Contractor of said contract expense foz labot, �aaterial6, tool�, equipment, and all expenses incidental thereto. Tbe expense so charged shall be dedu�ted by the Owner fr�m such monies ar may be due or may become due at any time thereafter to the Contztctor und•_r ar,d by virtue of tbe Contract ar aay pazt thereof. ThP Owner shall not be requized to obtai� the loWest bid for the wosk completin� the contraet, but the expease to be deducted shall be the actual cost of the ewner of Quch work. In case such expenses shall exceed the amount vfiich Would have r.� been payable under the Contract if the zame had been compl��ed by the Contractoz, then the Contractor and his Sureties sha:l "� pay the amount of such excess te th� City on netic� from ths r Owner of the excess due. tqhea any pazticular part �i the watk � is being carriea on by the Owner by contzact ot otherwisz under the provision6 of this se�tion, the Contzaetoz �hall r continue the remainder of the work in confozmity �ith the � terms of the Contraet Documents.and ia iucb a manner a6 to not ',,,� hinder oz interfere �rith performance of the vork by the 4wnez. r� r� �7-7.15 FUZFIS.LMENT OF CONTRACT: The Contract will be considered as having been tult'illecl, save as pr�vided in any bond oz bo�ds or by law, vhen all the work and all sections or parts of the pzoject covezed by the Contract Documents have C7-7 (9) _. . ,, � r �� �"�� a ii ,. �+ ,;iir r ni �-L�G������L-,�. U���J ,� �U ��� c���r�� � �� _U�, U�J�`:'��P ��{o � � � f� D. AMOONTS: Subject to the provisions of Item C7-7.16tC), the Contractor and Owner saay agree upon the whole or any part of the amount oz amounts to be paid to the Contractor by zea6on of the total oz partial termination of work pursuant heretos provided, that such agreed amount or amounta shall nevez exceed the total contract price as reduced by the amount of payments otbezwise a�ade and as further reduced by the contract pzice of work not tezminated. The contract shall be amended accordingly, and the Contractoz sball be paid the aqreed amount. No amouat shall be due for lost oz anticipated profits. Nothing in C7-7.16(E) hereafter, prescribing the amount to be paid to the Contractor fn the event of failure of the Contraetor by reason of tbe termination of wozk puzsuaAt to this section, shall be a����a to limit, reatrict or otherwise determiae or affect the amount or amounts Nhich may be aqreed upon to be paid to the Contractor pursuant to thia paraqraph. E. FAILIIRE TO AGREE: In the eveAt of the failure of the Contractor and the Owner to agree at provided in C7-7.16 (D) upon the vhole amount to be paid to the Contractor by zeasoa of the termination of wozk purivant to this aection the Owner shall detezmine, oa the basis of infozmation available to it, the amount, if aay, due to the Contractor by reason of the terminatio� aad shall pay to tbe Contractor the amount� determined. Dio amount shall be due foz lost or anticipated profits. r. DED CTIONSs Ia arriviaq at the amou�t due the con�ractor under this sectioo, tbere shall be deducted (a) all unliquidated advaace or othez payments oo account tberetofore made to the Contractor, applicable to the terminated portion of thi� contractf (b) any claim which the Owner may have againQt the Contzactor io connaction with this contracts and (e) the aqzeed price for, or the proceed� of sale of, any materials, �upplies or other thing� kept by the Coatractor or �old, pursuant to the provi�ioas of this clause, and not otherwise recovezed by or credited to the Ownez. G. ADJDSTMENTs If the terminatioo hereundet be partial, prior to tbe settlement of the terminated portion of thia contzact, the Contra�tor may file with the Engineer a reque�t in wzi*{�,�;,z an C7�7 �lZ� - .. ir �;u � �� ,; �; ��.;(�� �'', (�', `1 I�1�� ilrVbzs �<L5 �' � U�:l� ��;'JUU `CN��IvWlSUW�u i�o � 0'�'�0 ��io � ._ � � .* � . � � � � ..� � .�. � � � � � � �� � �, � � � � � � � � � �� � �� W � :,� � � � � � �� a• the fabzicnt�� or unfabticAted pa�t�, wczk in pro�ess, compl�ted wozk, supplies and other matetial produced a; a part of, or acqui:ed in connection �ith the performance of, the work t�rminnted by the notice of termination; and b• tbe compl�ted, oz partially complet�d plans, drawings, infozmation aod other property which, if the contzact had been completed, wosl3 have been zequizea to be furnished to the Owner. 5. eomplete performance of such pazt oi the wozk as shall n�t have been tezminated by the notice of ter�aination; and 6. take �uch action as may be necessazy, or as the Enqineer may direct, foz the protection and preservation of the pzoperty telated to its contract which is in the possession of the Contractor and ia which the Owr�er has ot mny acquire the rest. At a time not later than 30 days aiz�r the termination date specified in the �oLice af termination, the Contractor aay submit to the Engineer a list, ceztified as to quantity and gaality, of any os all items of tezmination inventory not previously disposed of, exclusive o: item� the disposition of which has been Qirected or authozized by the Engineez. NaL laLer than 15 da�s ther�:after, the Owner shall accept title to such items provided, that the list submitted shall be subject to verificatioa by the Engiaeer upon zemoval of th� items oz, if the itemr are star�d, within 45 days from the date of submission of the list, and any necessary adjusteneats to correct thr_ list as snbmitted, shall be made prior to iinal settlement. C. TERMINATION CLAIM: Mithin 60 daya after notice of terraination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification'pres:zibed by tbe EngineeT. Onless one ot more exttnsio�Q in Mzi�ing a:2 granted by the Owner upo� request of th� Contractor, made in writing within such 60-3ay period ar authorized extension tbereof, an;• and all such claiins shall be conclusfvely deemed waiv�d. C7-7 (11) �������6��D��,L� �����G�D �� � U�ir e�r��� G� i � 1f �a ��t.i<<;�IIU� �lSWo � � � � i � L�� equiteble adjustment of the pzice or prices specified in the contract relating tc the continued portion of the contract (the portion not tezminated by the notice of tezmination), such equitable adjustment as may be agreed upon shall be made in 6uch price or prices; nothinq contained herein, howevez, shall limit the zight of the Ownez and the Contractor to agzee upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contzact when said contract dces not contain an established contzact price foz 6uch continued portion. fl. NO LIMITATION OF �tIGHTS: Pothing contained in this rection shall limit or alter thz rights which the Ownez may have foz termination of this contzact undez C7-7.1a hereof entitled •Su�pension of Abandonment of the wozk and Amendment of Contzact• oz any other zight which Owner may have f or default or breach of contzact by Contractoz. � C7-7.17 SAFETY i��'II PD�S AND PRA�Z' C'�S: The Contzactor shall be �,j responsible for initiating, main�aining, and supervising all saf ety precautions and proqrams in connection with the work at � all times and ehall asbume all zesponsibilities foz their enforcement. The Contzactor shall comply vith federal, 6tate, and local � lnws, ozdinances, and ze�ulationb so as to pzotect person and pzopezty f rom injury, iacluding death, oz damage ia connection - with the work. � � � � � � C7-7 (13) �`_� �;�a���� ;�-� �c9����� ,` ��r � �'� � � ' Q�i ''' �� ::��9 ���. ���, ,��r� �ef ore its final acceptance by the Owner, (except as provided in paraqraph CS-5.14) for all risks of whntevez descziption connected with the prosecution of the work, for all expense incurred by or in consequence of suspension or discontinuance of 6uch pzosecution of the working operations as herei� apecified, or any and all infringements of patents, trademarks, copyrights, or othez legal zesezvations, ana for �ampleteing the work in an acceptable mannez according to the t+erms of the Contract Docurnent�. The payment of any current or partial estimate prioz to final acceptance of the Work by the Owmer shall ia no way constitute an acknowledgment of the acceptance of the vork, materials, or equipment, nor in any way prejudice or affect the obligations of the Contzactor to repair, correct, renew, oz zeplace at his own and propez expense any defect� or imperfections in the construetioa or ia tbe �trengtb or quality oi the material u�ed or equipment or machinery furniahed io or about the construction of the vozk under contract and its appurtenances, or any damaqe due oz attzibuted to such defects, vbicb def ects, i mperfection, or damage shall have been diacovered on or before the final iaspectioa a�d acceptance of vork or during the one year quazanty peziod after final acceptance. The Owner shall be the sole judge of such defects, imperfectiocs, oz damage, aad the Contractor shall be lfable to the Owaer foz failure to correct the same as pzovided hereia. C8-8.5 PARTIAL ESTSMATES �,ND RETAIN�►GE: BetMeen the lst aad Sth day of each month the Coatractor �shall submit to tha Enqineez a statemeat abowiaq ao estimate of the value of the vork done during the pzevious moatb, oz estimate period nAdez the Coatzaet Documents. iiot latez tban the lOth day oi the month the Enqineer shall verify •uch estimate, aad if it is f ound to be acceptable aad the value of Mork performed since the last partial payment Mas made eacceeds ona hundrad dollazs (S1 00.00) iA amount, 90• of auch eatimated aum will be paid to the Contractor ii the total cootzact amount is less tban S400,000, or 95i of •uch estimated oum vill be paid to the Contractor if the total contzact amount is 5400,000 or qreater Mithin twenty-five (25) days aiter the'regular estimate period. The City will bave the option of prepaziag estiaatas oA forms f urnished by the City. Tbe partial estimat� may iaclude acceptable nonperishable material� delivered to the work Nhich aze to be incorporated iato tbe vork� ar a permanent part thereof, but which at the tbe time of the estimate have not been installed. (such payment will be allowed on a basis of 85� of the net invoice value thereof.) The Contractor �hall f urnish the Engineer such informatfon as he may request to aid C8-8 (2) �� " �15'���i��u.��.r�il, 'U�;����'�J °� � ii f''�'� �\1�'u�r, 1 °M ��'; � U' � i�,� t�n^� r, M I���o U'+���IJ:�IIU9 � � � PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASLTREMENT AND PAYMENT '^ C6-B.1 MEASOREMENT OF QOANTI IE : The determination of quantities of vork performed by t�e �ontractoz and suthozized by the Contract Documents acceptably completed under tbe tezms of the Ccntract Docu�ents shall be made by the Engineer, based � on measurements roade by the Engineer. These measuzeIDents will be made according to the Dnited States Standard Measuzements „� used in common practice, and will be the actual length, area, solid contents, numbers, ana weiqht6 of the matezial6 and � items installed. CB-8.2 DNIT FRIC : f9hen in the Proposal a•Dait Price' is set forth, the sa ���'Onit Price• ahall include the fuznishinq by the Contractoz of all labor, tools, materials, machinery, equipment, appliancea and appurtenances necessary f or the construction of and the completion in a manner acceptable to the Engineer of all vozk to be done undez these Contract Documents. The •Dnit Price` ihall include all permanent and tempozary protection of overhead, suzface, aad undergzound ctructures, cleanup, finiahed, overhead expense, bond, incuzance, patent fees, zoyaltieE, risk due to the elements aAd othez cauaes, delaya, profits, injuries, damages elaims, taxe�, aod all other items not apecifically mentioned that may be required to f ully constzuct each item of tbe +rozk complete in place aod in a satisfactory co�ditioa for operation. C8-8.3 LOMP SIIM: iihen ia the Proposal a•Lamp Sum• is set torth, the �aid "Lump Sum' shall repreceat the total co�t�f oz the Contractor to fazaisb all labor, tools, matezials, machinezy, equipment, appurtenances, and all subsidary work necessary for the con�truction aad completion of all the vozk to provide a ccmplete and f unctional item a� detailed in the Special Contract Document� and/or Plans. C6-8.4 $COPE OF PAYMENT: The Contractoz shall zeceive and accept tbe compensation, as hereiA provided, in fnll payment for furnishing all labor, too16, matezials, and i�cidentals for performiag all vork contemplated and embzaced n�dez these Contract Documents, for all loss aad damage aricing ont of the nature of the wozk or from the actioA of tbe element�, f oz any unfozesee�� defecta or obstructione Mbich may azise or be encountered during the prosecntioa of the vork at any time � � C8-8 (1) ''�'!���'��0 4`,� �`'��J�� �r �l�`U ��C�'`. G? ° °� �io �',��}�:'��r 4�. The amount of the final estimate, less pzevious payments and any sum that have been deducted or retained under the provisionc of the Contract Documents, will be paid to the Contractor within 60 day� after final accep�ance by the Owner on a pzoper zesolution of the City Councfl, provided the Contractor has furnished to the Ownez satisfaetory evidence of payment aa f ollows: Prior to submission of the final eatimate f or payment, the Contractor shall execute an affidavit, as f urnished by the City, certifying that all persons, firms, association�, corporations, or other ozqanizations f urnishiag labor and/oz materials have been paid in full, that the wage scale established by the City Council in the City of Fort i�orth has been paid, and that there are no elaims pending for personal injury and/oz property damages. The aeceptance by the Contractor of the last or fioal payment as aforesaid shall operate a� and shall release the Owne= f zom all claims oz liabilities under the Contzact for anythinq done oz furnished or relatiaq to the vork under Contract Doeuments or any act or neqlect of said City relatinq to ot connected with the Contract. The making of the final payment by the Owner shall not relieve 'ye Contractoz of any guaractees or othez zequiremeats of the �ntract Documents vhich �pecifically continue thereafter. � �1 ri /�,, � � C8-8.9 �►DEQ �►CY OF DESIGN= It is understood that the OMmer � believes i� �as employed competent Engineers and desiqnez� to prepaze the Contract Documents aod all noaifieations of the � approved Contract Documents. It is, therefore, aqzeed that "�! Lhe Ownez shall be responsible for the adequacy of its ov►a ,�; design featnres, �uffieieney of tiae Contract Documents, the safety of the strueture, and the practieability of the �� operation� of the completed project, provided the Contzactor has complied vith the reqniremcnts of tbe said Contzact `� Documents, all appzoved modifications thezeof, and additions a nd altezations tbereto approved in rriting by the OMner. The � burden of proof of such compliance shall be upon the Coatractor to sDoW that he has complied vith the saia requizements of tbe Contract Documeats, approved modifieatioas � thereof, and all approved additions and alterations thereto. C8-6.10 GENERAL GIIARANTYs peithet the final certificate of � payment nor any provision ia the Contract Documents nor partial or entire occupancy or use of tbe premises by the Owner shall constitute an acceptance of work not done in � accordance with the Contract Docnmenta or relieve the Contractor of liability ia zespect to any express Narrantie� � oz zesponsibility for faulty materials or �torkmanghin, The �_ Contractor shal�l remedy any defecta or damaqe� ,����� ,� �,��;�,� and � �. � __ �.L��, �., � _�, .,J �:; �b �Ir c����� US � c���r i C8-8 � 4 ) , ��o ���'�ir' �. , � him as a guids in the verification or the prepazation of partial estimates. � �: It is understood that the partial estimate from month to month will be approximate oaly, an8 all partinl monthly eatimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any pzevious estimate,and such estimate shnll not, in any zespect, be taken as sn a8mission of the Owner of the amount of Work done or of its quality of sufficiency, or as an acceptance of the wozk done oz the release of the Contractor of any of his zesponsibilities under the Contract Documents. The City zeservec :he zight to vithbold the payment of any monthly estimate if the contzactor f ai1S to perform the wozk stzictly ia accordance with the specifieations or provisioa6 of thia contsact. C8-B.6 WITEHQLDING PAYMENTs Payment on any estimate oz estimates may be held io abeyaace if the pezfozmaace of the construction opezations is not in accor�ance with the requirements of the Contzact Documents. C8-8.7 FINAL ACCEPTANCE: iPhenevez the improvements pzovided toz by tbe Contract Doc�me�ts �hall have been completed and all requizementc of the Contzact Document� ahall have been fulfilled on the part of the Contractot, the Contractor shall notify the Engineer in �rriting that the impzovements are ready for the final iaspectioa. The Engiaeer �hall ootify the appzopriate officials of the Owaez, Mill Mithin a rea�onable time make cucb final i�apection, and if the vozk is aatisfactory, ia ao acceptable coaditioo, and has been completed in accotdance �ith the tezmc of the Contract Documents and all approved modifications thereof, the l:nqineez will initiate the pzocestiog of the fiaal estimate and zecommend final acceptaace of tbe project aod final payment tberefor as outlined in C8-8.8 below. C8-8.8 FINAL PAYM t�T: Whenever all the impzovement� provided toz by the Contrac� Documents and all appzoved modificatioa� thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contzactor, a final e�timate sddwinq tbe value of the vork will be prepazed by tbe EAqineez a6 soon as the neceasary measurements, computations, and checke caa be made. Al l pri oz subject to payment. es timates upon wbich payment has beea made are necessazy cozrectioA� oz zevioioaa ia the final C6-8 (3) �; ��� �D�GOQ� �?��C��D '� ��'u� � C�.!G� r ° Q� �G� ����'��o ��. � r � pay foz any damage to other work resultinq thezefzom which shall appear within e period of one year from the date of final acceptance of the work unless a longez pezicd is specifie8 andshall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which ahall assure the perfozmance of the general guazanty as above outline. The �wner will give notice of observe� defects with reasonable pro�ptness. C6-8.11 SUBSIDIARY WORR: Any and all wozk specificelly governed by documentary requirements for the project, such as conditions imposed by the Plans, the Gcneral Contract Documents oz these Special Contract Documents, in which no specific item for bid has been pzovided for in tbe Proposal, shall be considered as a rubsidiary item of wozk, the cost of which shall be included in the price bid in the Pzoposal, foz each bid item. Surface re6toration, rock excavation and cleanup are general items of Work which fall in the cateqory of subsidiary work. C8-8.12 MIS ELLANEQOS PLACEt�NT OF MATERIAL: Material may be allocated un�er vazious bid items in the Proposal to establish unit price6 for miscellaneous placement�of matetial. These materials ehall be used only vhen dizected by the Engineez, dependinq on field conditions. payment for miscellaneous placement of materinl will be made foz only that amount of material used, measured to the nearest one-tenth unit. Payment for miscellaneoub placement of mattzia3 shall be in accozdance with the General Contract Documents regardless of the actual amouat u6ed for the project. CB-8.13 R��ORD DOCUMENTS: Contractor shall keep on record a copy of a 6peciiicaticns, plans, addenda, modifieations, shop drawingb and 6amples at the site, in good ozdez and annotated to show all ehanges made duzinq the con�tzuction pz ocess. These shall be delivezed to Engineer upon completion of the work. C8-8 (5) ���V��6�G�1�� �'[�CuQ� ��;, ���% C���i��17 + �� .B II C' u�� Is�: �vi�r;l��� ��. �. ,� � � � � � � � � ITEM D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 D-31 D-32 D-33 D-34 D-3 5 D-36 D-37 D-38 PART D - SPECIAL CONDITIONS TABLE OF CONTENTS TABLE OF CONTENTS General Project Designation Right To Audit Project Signs Purging and Sterilization of Water Lines Wage Rates Coordination with Fort Worth Water Department Crossing of Existing Utilities Existing Utilities Exploratory Excavations Concrete Sidewalk and Driveway Replacement Crushed Limestone Backfill Pavement Repair (E2-19) Trench Safety System Water Services Removal, Salvage, and Abandonment of Existing Facilities Valve Blocking Ductile-Iron and Gray-Iron Fittings Detectable Warning Tapes Minority/Women Business Enterprise Compliance Connection of Existing Mains 2-Inch Temporary Service Line Bid Alternatives Temporary Pavement Repair Interpretation and Preparation of Proposal Bonds (City Let Projects) Barricades, Warnings and Flagmen Disposal of SpoiUFill Material Temporary Erosion, Sediment, and Water Pollution Control Workers' Compensation Insurance Trench Excavation, Backfill and Compaction Samples and Quality Control Testing Protection of Trees, Plants, and Soil Partial Estimates and Retainage Project Clean-up Project Schedule Protection of Existing Curb and Gutter 2:27 Concrete � ���� O�� ��[�C��Q� �: 0� �� �����`G,� ° °1� ��, �U����� ��G�� �i��. 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 sha11, until the expiration of three (3) yeazs after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: 1. 50 copies and under - 10 cents per page 2. More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter. D-4 Proiect Si�ns: Project Signs are required at all locations which will be under construction for more than thirty (30) calendar days as indicated in Part B Proposal. Project Signs shall be in accordance with Figure 30 (dated 8-28-89) of the General Contract Documents. The signs may be mounted on skids or on posts. The exact locations and methods of mounting shall be approved by the engineer. Any and all costs for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D-5 Pur in and Sterilization of Water Lines: Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein. The City will furnish all water for INITIAL cleaning and sterilization of water lines. All other materials for construction of the project, including appropriately sized "pipe cleaning pigs" and chlorinated lime (HTH) shall be fixrnished by the Contractor. Chlorinated lime (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-2 u ����G� ��� �'�C� °1� ���� ��������°�� . p Oa. UVG�1uUU9.�Ly(Na `� � � PART D - SPECIAL CONDITIONS D-1 General: � Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and Specifications, effective July 1, 1978, with the latest revisions �^ are made a part of the Contract Documents for this project. The Plans, Special Conditions � and Provisions Documents, and the rules, regulations, requirements, inshvctions, drawings or deta.ils referred to by manufacturer's name, number or identification included � therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the Contractor. The specifications and drawings shall be � considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though �` required by all. The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: 1. Plans 2. Contract Documents 3. General Contract Documents and Specifications � The following Special Conditions shall be applicable to this project and shall govern over any conflicts with the General Contract Documents under the provisions stated above. D-2 Proiect Desi ng ation: Construction under these Special Documents shall be performed under the Fort Worth Water Department Project Designations: Water Project Number: PW53-060530175190 � D-3 �ht To Audit: RIGHT TO AUDIT: Part C- General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: � "C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final � payment under t�is 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 1 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 �� � ����� i�GOG� � ���C�uG�D D' 1 ';; u'�r ���`;; �'� ° °� ... [��� M� ''��:'���I9 ���{o 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. 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. T'he 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-10 Exuloratory Excavation�s: In addition to those areas as�may be designated on the Drawings, it shall be the Contractor's responsibil'ity to excavate and locate existing utilities which may affect construction of the water and/or sewer facilities. All exploratory excavations shall occur far enough in advance to permit any necessary relocation to be made with minimum delay. All costs incurred by the Contractor in making exploratory excavations shall be considered to be included in the unit price bid for constructing of water/sewer line or the associated structures. D-11 Concrete Sidewalk and Drivewav Replacement: At locations in the project where mains are required to be placed under existing sidewalks and/or driveways, such sidewalks and/or driveways shall be completely replaced for the full existing width, between existing construction or expansion joints with 3000# concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth Transportation/Public Works Department Standard Specifications for Construction, Item 504. � ,,u,� r� ����.� �'����°?D ;:_����� �r�j��-r�L � �U � U C�l� � IF•- � D-4 �'� �o �I��i{fUV`���g �I�o � � � �.. � 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. D-6 Wage Rates: The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any sub-contractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates of wages be paid. (Attached). D-7 Coordination with Fort Worth Water Denartment: �During the construction of this project, it will be necessary to deactivate, for a period of 4 time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. �I D-8 Crossin� of Existin� Utilities: Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line � andlor a proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel, the sanitary sewer or sanitary sewer service line shall be made water tight or be constructed of ductile iron pipe. The required length of � replacement shall be determined by the Engineer. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene � wrapping as specified in Material Standazd E1-6 contained in the General Contract � Documents. The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping as specified in the General Contract Documents. Adapter fittings shall be a urethane or neoprene coupling A.S.T.M. C.-425 with series 300 Stainless Steei -- compression straps. ! Payment for work such as backfill, fittings, tie-ins and all other associated appurtenants required, shali be included in the linear foot price of appropriate bid item. � D-9 Ezistin� Utilities: � The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or 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. �, � ������i�: ��z�� ��[�C�C��D . _ ... D-3 �� ��'' �5�'� ������ � ��i!� ����`"��Q ���{. � of twelve (12) inches outside the trench wall nearest the center of the street to the gutter � line. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions aze not suitable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible date. A permit must be obtained from the Department of Engineering's Permit Desk by the Contractor in conformation with Ordinance No. 3449 andlor Ordinance No. 792 to make utility cut in the street. City Inspectors will inspect the paving repair after construction of each water and/or sanitary sewer main replacement. D-14 Trench Safetv Svstem: 1. GENERAL: This specification covers the trench safety requirements for all trench � excavations in order to protect workers from cave-ins. The requirements of this item � govern all trenches for mains, manholes, vaults, service lines, and all other `� appurtenances. 2. STANDARDS: The latest version of the U.S. Department of Labor, Occupational , Safety and Health Administration Standazds, 29 CFR Part 1926, Subpart P-Excavations, are hereby made a part of this specification and shall be the minimum governing ` requirements for trench safety. »� 3. DEFINITIONS: A. TRENCHES: A trench is referred to as a narrow excavation made below the surface of ��' the ground in which the depth is greater than the width, where the width measured at the ,,,,� bottom is not greater than fifteen (15) feet. If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or '' structure to the side of the excavation to fifteen (15) feet or less at the bottom of the excavation, the excavation is also considered to be a trench. ��..� B. BENCHING SYSTEM: Benching means excavating the sides of a trench to form one � or a series of horizontal levels or steps, usually with vertical or near-vertical surfaces between levels. C. SLOPING SYSTEIVI: Sloping means excavating to form sides of a trench that are inclined away from the excavation. D. SHIELD SYSTEM: Shields used in trenches aze generally referred to as"trench � boxes" or "trench shields." Shield means a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure. Shields can be �" permanent structures or can be designed to be portable and mo - . ,- =��,- � �r��r��G�D .;;(r''�='u`�� w=� �:: , � ������DeJI . ��v,(1�'� 1�,�rv.U�iS��� �..,t D-6 ��o �u`L'��:�G�i g U�i�n o � � .. � � At locations where mains aze required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and I""4 gutter and shall be installed in accordance with City of Fort Worth Public Works � Department Standard Specification for Construction, Item 502. Payment for cutting, backfill, concrete, forming materials and all other associated appurtenants required, shall be included in the price bid. � D-12 Crushed Limestone Backfill: � Where specified on the plans or directed by the Engineer, crushed limestone shall be used _,� for trench backfill on this project. The material shall conform to Transportation and Public Works Standard Specifications for Street and Storm Drain Construction Division 2 -, Item 208.2 Materials and Division 2 Item 208.3 Materials Sources. Trench backfill and � compaction shall meet the requirements of E2-2 Excavation and Backfill of the General Contract Documents and Specifications. Payment for crushed limestone backfill in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used measured in accordance with E2- 2.16 Measurement of Backfill Materials of the General Contract Documents and Specifications. "" D-13 Pavement Renair (E2-19�: (E2-19): The unit,nrice bid under the appropriate bid item of the proposal shall cover all � cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement as detailed in the Public Works Department typical sections for � Pavement and Trench Repair for Utility cuts, Figures 1 through 5. All required paving cuts shall be made with a concrete saw in a true and straight line on � both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The j,�t trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street � surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All residents' driveways shall be accessible at night and over weekends. � L' _". � It has been determined by the Transportation and Public Works Department that the strip of existing HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hotd up if such strip of existing pavement is two (2) feet or less in width. ` ' ' ' � Therefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance D-5 ��������0�:� G'��C�G�D �` ��% ����� ����`� ��o �r`.;,���5��f ���o � the water service in the proposed location and receipt of a meter from the project � inspector the contractor sha11 install the meter. The meter box shall be reset as necessary to be flush with existing ground or as otherwise directed by the Engineer. All such work "' on the outlet side of the service meter beyond five (5) feet shall be performed by a � licensed plumber. 1. WATER SERVICE REPLACEMENTS: Water service replacement or relocation is '°°" required when the existing service is lead or is too shallow to avoid breakage during ,,,, street reconstruction. The contractor shall replace the existing service line with Type K � copper from the main to the meter, curb stop with lock wings, and corporation stop. � Payment for a11 work and materials such as backfill, fittings, type K copper tubing, curb stop with lock wings, service line adjustment, and any relocation of up to 12-inches from center line existing meter location to center line proposed meter location shall be included � in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind ,� Meter. Any vertical adjustment of customer service line within the 5 foot area shall be subsidiary to the service installation. � Payment for all work and materials such as tap saddle (if required), corporation stops, and fittings shall be included in the price bid for Service Taps to Main. ""� 2. WATER SERVICE RECONNECTION: Water service reconnection is required when the existing service is copper and at adequate depth to avoid breakage during street reconstruction. The contractor shall adjust the existing water service line as required for °w' reconnection and furnish a new tap with corporation stop. The contractor will be paid for ,,,� one (1) Service Tap to Main for each service reconnected plus for any copper service line used in excess of five (5) feet from Main to five (5) feet behind the Meter. '^� 3. WATER SERVICE METER AND METER BOX RELOCATIONS: When the replacement and relocation of a water service and meter box is required and the location of the meter and meter bo�: is moved more than twelve (12) inches, as measured from the center line of , the existing meter location to center line of the proposed meter location separate payment will be allowed for the relocation of service meter and meter box relocation Centerline is defined by a "' line extended from the service tap through the meter. Only relocations made perpendicular to ,,,,,� this centerline will be paid for separately. Relocations made along the centerline will be paid for ; in feet of copper service line. � When relocation of service meter and meter box is required payment for all work and materials such as backfill, fittings, five (5) feet of type K copper service and all materials, labor, and equipment used by and for the licensed plumber shall be included in the price bid for the service meter relocation. All other costs will be included in other appropriate bid item(s). This item will also be used to pay for all service meter and meter box relocations as required by the Engineer when the service line is not being replaced. Adjustment of only the meter box and "�` customer service line within 5 feet distance behind the meter will not justify separate payment at �i r �^ S` ei �^ � ei u������ :n� G�G�'�"J�o r, D-g ���c� �������aQ� � ��a �� c��a, �. , � � � � w � � � � � � � � �, � � � � progresses. Shields can be either premanufactured or job-built in accordance with OSHA standards. E. SHORING SYSTEM: Shoring means a structure such as a metal hydraulic, mechanical or timber system that supports the sides of a trench and which is designed to prevent cave-ins. Shoring systems are generally comprised of crossbraces, vertical rails (uprights), horizontal rails (wales) and/or sheeting. 4. MEASUREMENT: Trench depth is the vertical measurement from the top of the existing ground to the bottom of the pipe or structures. The quantity of trench safety systems shall be based on the linear foot amount of trench depth greater than five (5) feet. 5. PAYMENT: Separate payment will be made only when trench excavations exceed a depth of five (5) feet and shall be full compensation for safety system design, labor, tools, materials, equipment and incidentals necessary for the installation and removal of trench safety systems. D-15 Water Services: The relocation, replacement, or reconnection of water services will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All service's shall be constructed by the contractor utilizing approved factory manufactured tap saddles (when required) and corporation stops, type K copper water tubing, curb stops with lock wings, meter boxes, and if required approved manufactured service branches. All materials used shall be as specified in the Material Standards (E 1- 17 & E 1-18) contained in the General Contract Documents. All water services to be replaced shall be installed at a minimum depth of 36 inches below final grade. All existing 3/4-inch water service lines which aze to be replaced shall be replaced with 1- inch Type K copper, 1-i�ch diameter tap saddle when required, and 1-inch corporation. All services which are to be replaced or relocated shall be installed with the service main tap and service line being in line with the service meter unless otherwise directed by the Engineer. A minimum of 24 hours advance notice shall be given when service interruption will be required as specified in Section CS-5.15 INTERRUPTION OF SERVICE. All water service meters shall be removed, tagged, and collected by the contractor for pickup by the Water Department for reconditioning or replacement. After installation of i�, �•�.� D-� �;;�isU ii��: ��;:is G'C� �G�D (C'C I 1Jf C)C�:; G�IS WnIW u , ., U L�u �i��l•l�ii�_rb?UUF ��Wo 0 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 sha11 be removed and returned to the Water Department wazehouse by the contractor in accordance with Section E2-1.5 salvaging of materials. The concrete vault shall be dem4lished in place to a point not less than 18- inches below final grade. The concrete yault 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 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 area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding surface and grade. , ,, . ... ,. 7. ABANDONMENT OF MANHOLES: Manholes to be demolished in place shall have all pipes entering or existing the structure plugged with lean concrete. Manholes tops or cone section shall be removed to the top of the full barrel diameter section or to point not less than 18-inches below final grade. 'The structure shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. � D-io � ��: ;,;5�i��,���j��.`:�, G'i��'�°'D ������ �"C��G,� ° Q�( ��n �1C�G��bo �f�o � � any time. Locations with multiple service branches will be paid for as one service meter and meter box relocation. 4. NEW SERVICE: When new services aze required the contractor shall install tap saddle (when required), corporation stop, type K copper service line, curb stop with lock wings, and meter box. Payment for all work and materials such as backfill, fittings, type K copper tubing, and � curb stop with lock wings shall be included in the Linear Foot price bid for Service Line ��� from Main to Meter five (5) feet behind the meter. Payment for all w�rk and materials such as tap saddle, corporation stops, and fittings shall be included in the price bid for Service Taps to Mains. � � Payment for all work and materials such as furnishing and setting new meter box shall be included in the price bid for furnish and set meter box. � 5. MLJLTIPLE SERVICE BRANCHES: When multiple service branches are required the contractor shall furnish approved factory manufactured branches. Payment for multiple service branches will include furnishing and installing the multiple service branch only and all other cost will be included in other appropriate bid item(s). 6. MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any multiple service lines with taps servicing a single service meter encountered during construction shall be replaced with one service line that is applicable for the size of the existing service meter and approved by the Engineer. Payment shall be made at the unit bid price in the appropriate bid item(s). � D-16 Removal, Salva�e, and Abandonment of Existin� Facilities: Any removal, salvaging and/or abandonment of existing facilities will necessarily be required as shown on the plans, and/or 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. � 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 accordanc� 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 *� � L^� �:�;����c�G,�� G��C��G�D D-9 i;� ��'tif ���':; ���Q� [��o... ' '��:.��9 ��o D-18 Ductile-Iron and Grav-Iron Fittin�s: Reference Part E2 Construction Specifications, Section E2-7 Inst�lling Cast Iron Pipe, Fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings: the first Paragraph shall be revised to read as follows: E2-7.11 DUCTILE-IRON AND GRAY-IRON FITTINGS: All ductile-iron and gray- iron fittings shall be furnished with cement mortar lining as stated in Section E 1-7. The price bid per ton of fittings shall be payment in full for all fittings, joint accessories, polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle necessary for construction as designed. All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E1-13 and Construction Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie- down concrete blocking, and concrete cradle. Payment for the polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle shall be included in bid items for valves and fittings and no other payment will be allowed. " D-19 Detectable Warning Tapes: Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be insta.11ed directly above non-metallic water or sanitary sewer pipe. The detectable tape shall be "Detect Tape" manufactured by Allen Systems Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils. and the width shall not be less than 2" inches with a minimum unit weight of 2-1/2 pounds/1 "/1000'. The tape shall be color coded and imprinted with the message as follows: Tvne of Utilitv Color Code Le�ends Water Sewer Safety Blue Safety Green Caution Buried Water Line Below Caution Buried Sewer Line Below Installation of detectable tapes shall be per manufacturer's recomrnendations and shall be as close to the grade as is practical for optimum protection and detectability. Allow a minimum of 18" inches between the tape and the pipe. Payment for work such as backfill, bedding, blocking, detectable tapes and all other associated appurtenances required shall be included in the linear foot price bid of the appropriate BID ITEM(S). U��O���� �`�1���°�@ !G��' ��[�'':G� ' �?� U-12 �Ua '�U�:`�VBy��{c � � � � Backfill material may be either clean washed sand of 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, top or Cone � Section, all full barrel diameter section and base section shall be removed. The excavation shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be with Type C Backfill or � Type B Backfill as approved by the Engineer. Surface restoration shall be compatible � with surrounding surface. 9. CUTTING AND PLUGGING OF EXISTING MAINS: At various locations on this project it may be required to cut, plug and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines. Cutting and plugging existing mains and/or services shall be considered incidental and all costs incurred will be considered to be included in the linear foot bid price of the pipe, unless separate trenching is required. '� 10. REMOVAL OF EXISTING PIi'E: 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 andlor 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 laz er and Sani g, tary Sewer Manholes regardless of location. Payment will be made for salvaging, abandoning and/or removing of all other existing facilities when said facility is not being replaced in the same trench, i.e., when removal � requires a sepazate trenching operation. D-17 Valve Blockin�: All valves shall have c�ncrete blocking for support. Valves shall have polyethylene wrapping per Material Specification E1-13 and Construction Specification E2-13 installed prior to concrete blocking. No sepazate payment will be made for any of the work involved for this item and all costs incurred will be considered to be included in the bid price of the valve. � � LJ D-11 =��=�i��.�����.�, �°�.���OQ� "�j�"ti' ��[�';;.G�� ° °� �;-�i;,� '��^� fr�ti��'�� ��. _ �I the building owners and the Engineer in order that tlie work be performed in an � expeditious manner. Severed water service must be reconnected within 2 hours of discontinuance of service. ", A 2-inch tapping saddle and 2-inch corporation stop or 2-inch gate valve with an appropriate fire hydrant adapter fitting shall be required at the temporary service point of connection to the City water supply. The 2-inch temporary service main and 3/4-inch service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2" temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated lime (HTH) prior to installation. � ' A two-inch meter will be furnished by the Water Department Meter Shop and installed by , ' �.� the Contractor at its point of connection to the City water supply for record keeping purposes only. T'he out-of-service meters shall be removed, tagged and collected by the � Contractor for delivery to the Water Department Meter Shop for reconditioning or � replacement. Upon restoring permanent service, the Contractor shall re-install the meters at the correct location. The meter box shall be reset as necessary to be flush with the � existing ground or as otherwise directed by the Engineer. ;,� The temporary service layout sha11 have a minimum available flow rate of 5 GPM at a "1 dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor r to determine the length of temporary service allowed, number of service taps and number of feed points. � .� When the temporary service is required for more than one location the 2-inch temporary service pipes, 3/4-inch service lines and the 2-inch meter shall be moved to the next � successive project location. Payment for work such as fittings, 3/4-inch service lines, asphalt, barricades, all service connections, removal of temporary services and all other associated appurtenants required, shall be included in the appropriate bid item. D-23 Bid Alternatives: �*. The Proposal section of this documents is arranged to allow the Contractor to base his bid .. on either ductile iron pipe or polyvinyl chloride plastic pipe. Contractor shall indicate type of pipe to be used. However regardless of the general type pipe specified by the Contractor at certain locations a specific type pipe has been specifed on the plans. All � cost for this shall be considered as subsidiary and no additional compensation will be allowed. � D-24 Temnorary Pavement Renair: 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 ov��,�, � u ��aC�C�d ��f���G�D �� D-14 r0� ���CQ ° °� �a UV�J11�:1�UU� ��a ` � r. � � D-20 Minoritv/Women Business Entetrorise Comnliance: Reference Part C(General Conditions), Section C3-3.2 Entitled "MINORITY � BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: � Upon request, Contractor agrees to provide to Owner complete and accurate information regazding actual work performed by a Minority Business Enterprise (MBE) and/or a � Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit a� audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE andlor WBE. � The misrepresentation of facts (other than a negligent misrepresentation) andlor 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 irll misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of � time of not less than three (3) years. � D-21 Connection of Existin 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 Contxactor shall notify Mr. Joseph Gagliardi, � Manager, Construction Services, Phone 871-8648, at least 48-hours prior to the required shut down time. �'I'he '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 �i 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. D-22 2-Inch Temporary Service Line: �y The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide ,; temporary water service to all buildings that will necessarily be required to have severed water service during said work. The contractor shall be responsible for coordinating the '�+ schedule of the tempora,�y service connections and permanent service reconnections with W� D-13 U����O�� ����G n � � ���1 ��'Gf°� ` °�l (� I�o����M� �i(��(. �_, 1. Pg. C3-3(3); the paragraph after pazagraph C3-3.7d--Other Bonds should be revised �- to read: No surety will be accepted by the Owner which are at the time in default or , delinquent on any bonds or which are interested in any litigation against the Owner. All "�. bonds shall be made on the forms furnished by the Owner and the surety shall be `" acceptable to the Owner. In order for a surety to be acceptable to the City, (1) the name of the surety 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 business in the state of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth ,�; (1/10) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited, or trusted to do business in Texas. � 2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subpazagraph a. COMPENSATION INSURANCE. � 3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph g. LOCAL AGENT FOR INSURANCE AND BONDING. � D-27 Barricac�es, �Varnin�s and Flagmen: Reference Part C- General Conditions, Section C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. 2. In the first paragraph, lines five (5) and six (6), change the phrase take a11 such other precautionary measures to take all reasonable necessary measures. D-28 Disnosal of SnoiUFill Material: Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of I the Department of Engineering, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the contractor intends P to dispose of such mate�ial. Contractor shall not dispose of such material until the �; proposed sites have been cletermined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 11517). All disposal sites must be approved by the Administrator to ensure that iilling is not occurring within � a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a � flood plain. Approval of the contractors disposal sites shall be evidenced by a letter � signed by the Administrator stating that the site is not in a known flood plain or by a , Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at contractors' expense. In the event that the contractor disposes of spoil/fill material at a ��'�������� ►�'[�C���@ . �. D-16 ��, 0� ���r� ° °� - a.� - , U tlo UVL/Il�_,�U•Uy �4LNo - �`"i _� . . . , - - - ��,,,,,,� . - _ . ! �� � � � � � � I � �, site without a fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of the Department of Engineering, Contractor shall remove the spoiUfill material at its expense and dispose of such materials in accordance with the Ordinances of the City and this section. D-29 Temnorary Erosion. Sediment, and Water Pollution Control: 1 DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the 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 retar�is, 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 1 streams, other water courses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution-control features, but are not associated with permanent control features on the project. � Y� �J � � The Engineer will limit the area of preparing right of way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grad;�g, mulching, seeding, and other such permarient pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil-erosion-control measures shall be performed as directed by the Engineer. The amount of surface area of erodible-earth material exposed at one time shall not exceed 750,000 squaze feet for each excavation operation, 750,000 square feet for each material sowce 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. 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. � D-17 �r __._ —_ ___ ._— G���CO�� ����JQ@ �0�1 ����US ° � U (�o �� �_���, �[��{o � 5. The contractor shall obtain from each person providing services on a project, and provide to the City: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have an file certificates of coverage showing coverage for.all persons providing services on the project; and (b) no later than seven 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. 6. The contractor shall retain all required certificates of coverage for the duration of the project and for one yeaz thereafter. 7. The contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor sha11 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 ori the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: D-20 ���;����U`���:;'���:�� �-'���(�°�� �:;,T,:' ' ��^- �,1� IW u� Y icv� �_ �, p �� � U�i `�4a;����G?�Wy �l5Wo , a � � �� from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor � will not permit any subcontractor to perform work on the project until such certificate has , been acquired. Contractor shall provide a copy of all such certificate to the Owner (City). C. Workers Compensation Insurance Coverage 1. Definitions: � Certificate of cove�age ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation �"+ Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- � 84), showing statutory workers' compensation insurance coverage for the person's or _ entity's employees providing services on a project, for the duration of the project. Duration of the Project. Includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the City. Persons providing services on the project ("subcontractor" in section 406.096)- � includes all persons or entities performing all or part of the services the contractor has � undertaken to perform on the project, regardless of whether that person contracted � directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or � employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or �"1 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. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services of the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. � 4. If the coverage perioii shown orr 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. � �� � , .-i=1 �. D-19 ��=��^��������� � ���� ���� ''v��i�''� �"��� �'��1�11� ��' �i,`�4^��I`.'����,i I1lSGNa S ...—�� "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 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. D-31 Trench Excavation, Backfill and Comnaction Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within easements, and witl�in existing or future R.O.W. shall be in accordance with Sections E1-2 Backftll and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein. 1. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and Backfill, if the stated maximum trench widths are exceeded, either through accident or otherwise, and if the Engineer determines that the design loadings of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be confined to the width of permanent rights-of-way, permanent easements, and any temporary construction easements. All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. 2. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used fQr Typ� "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E 1-2.3, Type "C" or "D" Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" back- fill material is not suitable, at the direction of the Engineer, Type "B" backfill material shall be used. In general, all backfill material for trenches in existing paved streets shall be in accordance with Figure(s) A, B, C, or D. Sand material specified in Figure(s) A-D shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces, lumps of clay, soil, loam or vegetable matter and shall meet the following gradation: �������,r�����_�� �'��G�D �^ �} :" �� e� e . ,;�u � �����!�� D-22 '' �� �`�� �'�`'��Wy �151n{. .� �6'� � � � (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ' � (e) retain all required certificates of coverage on file for the duration of the project and for one yeaz thereafter. ( fl notify the City in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts, to perform as � required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. � � 'f � . � � � � L� 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the City that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declaze the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. D. Posting of Required Worker's C�mpensation Coverage. 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 D-21 �, ,�,, � , �'�"r' ���G�I��P E'C�C�CJQ� .;:, ,�� .. 1 r. �. ��,,:�� �' ���(��;�j s e� V ��o ��:;�u:`�G�➢ �L��o b. Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement, and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. c. Quality control testing of in-place material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any 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-33 Protection of Trees. Plants, anc� Soil: All property alorig and ad�acent 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 Rights-of-Ways and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent 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. No separate payment will be made for any of the work involved for this item and all costs incurred will be considered a subsidiary cost of the project. D-24 -,��,;,,:-:,::� r r�n '�� l�� �� � o;=_!'. U"���:;��G�'@ �� U�U� C���� U�� a e�� I�R Mldn����M St(�M � � � �, � � � � � Size Sieve % Retained #4 0-5 # 16 0-20 #50 0-50 # 100 60-95 #200 90-100 (P.I. = 8 or less) 3. TRENCH COMPACTION: All trench backfill shall be placed in lifts per E2-2.9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of 90% Standard Proctor Density (A.S.T.M. D698) by means of tamping only. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by jetting, mechanical tamping, or a combination of methods. Backfill material to be mechanically tamped must be within +-4% of its optimum moisture content. The top two (2) feet of sewer line trenches and the top eighteen (18) inches of water line may be rolled in with heavy equipment tires, provided it is placed in lifts appropriate to the material being used and the operation can be performed without damage to the installed pipe. The City, at its own expense, will perform trench compaction tests per A.S.T.M. standards on all trench backfill. Any retesting required as a result of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City. These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceeci 3001ineaz feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City. 4. MEASUREMENT AND PAYMENT: All material, including any and all Type "B" � backfill, and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe. � �� � . �., � � D-32 Samnles and Oualitv Control Testin�: a. The Contractor shall furnish, at his own expense, certifications by a private laboratory for a11 materials proposed to be used on the project, including a mix design for any asphaltic 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. � �� -����G � f 6:[����� � � i ei � �'�� � GZ D-23 � I� L��1'r �rl7i� r�17 UW� Y II !S ���� �.��^'ii��UUQ �lSWo necessary, clean-up shall be done on a daily basis. Clean up work shall include, but not be limited to: Sweeping the street clean of dirt or debris Storing excess material in appropriate and organized manner Keeping trash of any kind off of residents' property If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. D-36 Proiect Schedule: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction and allow the contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. D-37 Protection of Existin� Curb and Gutter: On projects where water services aze to be replaced but the street is not scheduled for a full reconstruction, the Contractor shall not dishub the existing curb and gutter. Water services shall be installed using a"gopher" or similar means that will not disturb the existing curb and gutter. If the existing curb and gutter is damaged, it shall be replaced at the Contractor's expense to the nearest construction joint in either direction. No separate payment will be made for work and materials necessary to protect the existing curb and gutter and all costs incurred will be considered to be subsidiary to the contract. D-38 2:27 Concrete: Transportation and Public Works Department typical Sections for Pavement and Trench Repair for Utility Cuts Fig's 1 through 5 refer to using 2:27 Concrete as base repair. Since this call-out incluc�es the word "concrete", the consistent interpretation of the Transportation Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. With the exception of the cement content, all other requirement shall meet or exceed Transportation and Public Works Department standard specification Item 406 Class D Concrete. D-26 '�}U GV'��1�� �'.L��� °i� �;; ��,�'v� �����G,�Q� C�o �G����9 ��o � �, � � �D-34 Partial Estimates and Retainage: � ` Reference Part C(General Conditions), Section C8-8.5 Entitled "PARTIAL „�„ ESTIMATES AND RETAINAGE" shall be deleted in its entirety and replaced with the � following: ' � Partial pay estimates shall be submitted by the Contractor or prepared by the City on the Sth day and 20th day of each month that the work is in progress. The estimate shall be processed by the City on the l Oth day and 25th day respectively. Estimates will be paid � within 25 days following the end of the estimate period, less the appropriate retainage as ,' set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which aze to be incorporated into the work as a permanent "" part thereof, but which at the time of the pay estimate have not been so installed. If such �i► materials are included within a pay estimate, payment shall be based upon 85% of the net invoice value thereof. The Contractor will furnish the Engineer such information as may � be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000 at the time of execution, retainage shall be ten percent � (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). :;� . � � Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure � to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. ,� It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered "''! following the discovery of the mistake in any previous estimate. Payment of any partial ir� pay estimate shall not be an admission on the part of the Owner of the amount of work done or of its quality or sufficiency or as an acceptance of the work done; nor shall same � release the Contractor of any of its responsibilities under the Contract Documents. The City reserves.the right to withhold the payment of any partial estimate if the � Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract. D-35 Proiect Clean-un: � The Contractor shall be aware that keeping the project site in a neat and orderly condition � is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the '�, Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is ,� � .: �i'� u�;U;�_� G;��UQ� D-Zs ��;����J c,��,�-G1� d °�l .;�uU N��,. �,� U�r�,'���;�,:�"-'��'.I9 �[��o 8. No excavated materials, backfill materials, equipment, or supplies shall be stored within floodways or drainage easements.(reference C6-6.6 GCD) 9. Trenches which lay outside existing or future pavements shall be backfilled above the top of the embedment with Type "C" backfill material. When Type "C" backfill material is not suitable, at the direction of the Engineer, Type "B" material shall be used. All backfill material shall be compacted to a minimum of 90% proctor density by means of tamping only. Trenches which cross under existing or future pavement shall be backfilled per Fig. "A" with 95% proctor density by jetting, tamping, or a combination of such methods. lO.Rim elevations of the proposed sanitary sewer manholes in repaved streets are shown as final finished grades in these plans. They shall be constructed to 15" below final finished grade by utility contractor and adjusted by paving contractor in accordance with Fig. M of the special contract documents. Concrete collars shall be installed where indicated on the plans per Fig. 121 of the special contract documents. Manhole inserts shall be installed in all standazd four foot and standard four foot drop access manholes per E-100-4 of the special contract documents. Standard four foot diameter manholes shall be in accordance with section E2A, Fig. 103 and Fig. 104 GCD, standard four Foot drop access manholes per Fig. 107 GCD, and shallow manholes per Fig. 106 GCD. 11.The top of the water lines shall be a minimum of 3'-6" below the top of the curb for 12" and smaller mains except where otherwise shown on these plans. 12.A11 water meters shall be placed or relocated 3'-0" behind the face of the proposed curb or as directed by the Engineer. 13.A11 existing water services shall be replaced with 1" minimum copper tubing unless a larger size is indicated on the plans. Corporation stops shall be fully opened prior to trench backfill. Curb stops with lock wings shall be tested for full flow when the system is pressure tested. Extend 1" water seivices to those lots where no water services have been extended to. Locate these services at normal locations or as directed by the Engineer. a.The normal location of water service lines shall be 5' east or north of the center of the property frontage. b.For 40' or less lot frontage, all water services shall be placed 18" from the east or south property line. 14.A11 sanitary sewer services encountered shall be replaced to the property line as directed by the Engineer. C������ ���d �'����G°?D �0� �[��� �� ' °�l� �o I�GG�'��q ��� � � � � , � ' � � . � � � GENERAL CONSTRUCTION NOTES 1. Applicable design and details shall conform to "General Contract Documents and Specifications for Water Department Projects" (GCD) effective July 1, 1978, with the latest revisions. 2. All horizontal blocking, cradle blocking, and vertical tie-down blocking to be in accordance with Fig.(s) 9, 10, and l lof the GCD. 3. Fire hydrants shall be located a minimum of 3'-0" behind the face of curb per Fig GCD. 4. All gate valve installations for sizes up to 12" are to be per Fig. 3 GCD and sizes 16" and larger Fig. 4 GCD. 5. The proposed water and/or sewer mains at times will be laid close to other existing utilities and structures both above and below the ground. The contractor shall make necessary provisions for the support and protection of all utility poles, fences, trees, shrubs, gas mains, telephone cables, TLT cables, drainage pipes, utility services, and all other utilities and structures both above and below the ground during construction. It is the contractor's responsibility to notify all utility owners prior to any construction in the area and verify the actual location of all buried utilities that may or may not be shown on the plans. The contractor shall preserve and protect all underground and overhead facilities and be responsible for any damage he may cause to them. The Contractor shall contact the following @ least 48 hours prior to excavating at each location: Fort Worth Water Department Field Operations Fort Worth Transportation & Public Works Light and Signal Division Lone Star Gas Company Texas Utility Service Company Southwestern Bell Telephone Company Texas One Call-Fiber Optics Location (MCI, AT&T, Sprint, etc.) Marcus Cable T.V. 871-8296 f:�►%�:�III�7 Metro (214) 263-3444 336-2328 Enterprise 9800 1-800-245-4545 737-4731 6. Contractor shall verify the elevation, configuration, and angulation of existing line � prior to construction of tie-in materials. Such verification shall be considered as subsidiary cost of project and no additional compensation will be allowed. Elevation � adjustments at connections may be made with bends, offsets, or joint deflections. All ,; nonstandard bends shall be made using the closest standard M.J. fittings with the required joint deflections.(deflections not to exceed manufacturer's deflection per joint) � � � 7. Contractor shall keep at least one lane of traffic open at all times d ng�e��.�'«�.,1:...� }� � and access to all places of business and residence at all times.(refe#e���,��Q�l�`:'��� i;';I�� C��i�G) ° �� .;�� U C � � ��o �x;'��`��� ���{o CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 1999 CLASSIFICATION �'I�AGON-DRILL, BORING MACHINE REINFORCING STEEL SETTER-PAVING REINFORCING STEEL SETTER-STRUCTURES STEEL WORKER-STRUCTURAL SPREADER BOX OPERATOR WORK ZONE BARRICADE TRUCK DRIVER-SINGLE AXLE LIGHT TRUCK DRIVER-SINGLE AXLE HEAVY TRUCK DRIVER-TANDEM AXLE SEMI TRAILER TRUCK DRIVER-LOWBOY/FLOAT TRUCK DRIVER-TRANSIT MIX TRUCK DRIVER-WINCH VIBRATOR OPERATOR-HAND TYPE Vl'ELDER HOURLY RATE 12.00 13.21 13.31 14.80 10.00 7.32 8.965 9.02 8.77 10.44 9.47 9.00 7.32 11.57 � u��BC���� �?�C�� °�D � ���( �"���� °�[��G?�1 II Uo �'J ��'`I ° U 119 ��No '� � l� CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 1999 � , �� � � � � L_.: � � � � CLASSIFICATION AIR TOOL OPERATOR ASPHALT RAKER ASPHALT SHOVELER BATCHING PLANT WEIGHER CARPENTER CONCRETE FINISHER-PAVING CONCRETE FINISHER-STRUCTURES CONCRETE RUBBER ELECTRICIAN FLAGGER FORM BUILDER-STRUCTURES FORM LINER-PAVING & CURB FORM SETTEK-PAVING & CURB FORM SETTER-STRUCTURES LABORER-COMMON LABORER-UTILIT`Y MECHANIC OILER SERVICER PAINTER-STRUCTURES PIPE LAYER BLASTER ASPHALT DISTRIBUTOR OPERATOR ASP}-IALT PAVING MACHINE BROOM OR SWEEPER OPERATOR BULLDOZER CONCRETE CURING MACHINE CONCRETE FINISHING MACHINE CONCRETE PAVING JOINT MACHINE CONCRETE PAVING JOINT SEALER CO�!CRETE PAVING SAW CONCRETE PAVING SPREADER SL[PFORM MACHINE OPERATOR CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL FOUNDATION DRILL OPERATOR CRAWLER MOUNTED FOWDATION DWLL OPERATOR TRUCK MOUNTED FRONT END LOADER 1�11LLING MACHINE OPERATOR MIXER MOTOR GRADER OPERATOR FINE GRADE MOTOR GRADER OPERATOR PAVEMENT MARKING MACHINE ROLLER, STEEL WHEEL PLANT-MIX PAVEMENTS ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING ROLLER, PNEUMATIC, SELF-PROPELLED SCRAPER SCRAPER TRACTOR-CRAWLER TYPE TRACTOR-PNEUMATIC TRAVELING MIXER HOURLY RATE $9.00 9.55 8.80 11.51 10.30 10.50 9.83 8.84 15.37 7.55 9.83 9.00 9.24 9.09 7.32 8.94 12.68 10.17 9.41 I 1.00 8.98 1 I .50 10.29 10.30 8.72 10.74 9.25 11.13 10.42 9.00 10.39 10.50 9.92 11.04 10.00 11.83 9.96 8.62 10.30 11.97 10.96 7.32 9.06 8.59 8.48 9.63 ] 0.58 9.15 8.83 �; ;��D�GOG:� E'��J�� �:;C���u� cr���:;c'� ° c�U ?�, U���C;��` �[��o E,riS/ Cb. ? ,__ � � �� �� 1; li �� �� \ '' � �� �' � �� �� -- �' , �� . �' �� � �, � Qr�-rt - viss � ssrrts•� 1 EiY/51.� /y2f?/' VB!/�f � j � St C �Qfd%/ %Or � � %Q Is'7/J. .St r ✓%C ¢ •� �isassss�-sss�.z v ` � � Conn¢ cl�on. �+CiiT�iSYliit.�I'il � • 1� 11 � �' �i Y . �1� ��� ,\ �� b �; � h. � --r ss � ts:evirr � �•� A cw �� \ V I��J � n2 I ; ^ - Y t� d Q\ �� �� ii v 1� 1� 1� ; 4�r=:: rrr� v, .-� .(� �=ss rsrrs:sr.rs�� C t � � (� ` •C � Q � '� � � �. �' ro F�,! O���t ro� r��,o. �— kC��ti' Su,o,o /.Y « T. , /' ✓%C QA� , , � �• Sa 2" G��� Ai;o¢ � � � y i� e • �i C '' � ` ;� � t�4ittiit���'i7.11� 11 11 `�: r o s-rrir ri s s �.t �� e �� eC ,� �� �i �� �� �� �' _ , � S�e �e%si/ fo� ,��.',�. /nitrstc/ro}i Cros.sii�y� . �''�'F ,,t;� ��,.y..�.;�, �ti., �.:�:. ,aai�'c„.�%:`� =�:r ' �,,,'l',. __�.-_i,. "�::�41y:h._ Y?' CITY WATEii OEP�IRTMENT FORT WORTH, TExAS f.risr Cb. � rrp�c�f� ,�.�i�v _ � B j'—oASS �CA 1�O !/ 7' u��a�o�� �'��GG�D �p�' ����Q(�G?u� F/GU�'E 1 �� ��� � ,�;�� ���� , �v'�''_Va`�y � Groo •Qrev. � •ir•91� czol .�,'T- �:���..�.�.�....��: � r� � I : � � �,- _ � �_ � �� � _� �__ � � �.� � _ � -� � � PMS 167 (Copper) ,_. PMS 288 (Btue) ; ; 8� _ ��� , . , � �, , 3" '� 3' -1 5" %� 3" , . , . � , ; , , : - , ; 2.25 "�..— —I � ; , , , � O� T O TH , . _ .� . �„ r ,� =. . �,'� f ,. � ---....�..___ 2.25" � — O i N 4.5" c�>>. ���' ��'� � �� � � � � ��� � % / / / / r�--� � 3.75" - --�,- .� c � . � , , , j , ,, �, ; ; / � White � PMS 288 (Blue) / / / r� PROJECT S1GN Figure 30 � � .� �--'� � ,�. PMS 288 (Blue) ., ;� . : � : � % '; 4'-15" , • :, , , , , , , , . �., � � , , , , , � � � � � 3" 3.75" orx�, ��'ate� , . . . � , , o nds In Actron_ �� N O � �- 4.5" /3" Radius � Scale 1 " - 1' 09/18/96 E2-1 Construction � �a , . - � � .�6 "M.4,�: � � - .� C .0 °� Ex�sr .��.�9� � � e .4.7'i�ha+/� Covei- � �. 2.. Ge�/✓. /�ij.�¢. �. ;.- ;�v,;tir;t�. � ��,,�r:4,: •`+;"y. � � �f / I� i . �� � ,;a� - '- .%:�:� �;.. F ` ��;,:�;:r:T :y. _ •.. .•' . .. � ♦ Y. .�1� � . � �� . � � , ' . .. . _ v . � �Stdncf��d, Finishad 2 •6. /S'"' �a!'ii�� FQ//, ,�G ' k/ide. c ���o� o�a c��c c a� .. �O�i ���G�� d �� U Uo Uu �l ll ��`.�U �g ��(�1 CITY WATER DEPAaTMENT � F'ORT WOaTH, TEXAS ��r.�-.QsEcrio�v c.Qossi�v� �D E T.�q /L F/GU�PE 3 ._ _ �Pev. 9-/2 -90 � � � �� �,_._. , ._ . _..«_._ .:�_ _ _ ,.,.._ . , - � --- -_ -= —_ - —. �.,_ .� �A � � �,. �. � r � �� `Tubin9� Cc�/ ot'f � - - a ••', i��� .M ,, v � �ii '. �•. %.�.vy �' ��'G�/r�i,o¢ ',�',":'.•\ �,�! � ,�.•�!��`�: �� � � :,:o•.��' •.� •;'•.��•o..�.'.v �:�:' '\ � . , � . ;�• : ° ::.' .: Q.�,'• : �'; • �!.:.;i ' � �/ � ';,','; ; : �.. , �t':e'.'a..'•,��d' „ ,. : . / ��'. :: ,. '; •.`'.'a'.A.'.' -Q .� o . � • �.e ;': o � �_`�� ; \.�/,��Li��»i/^1�% v/.ijy ,-:'.''•�;...'... �` � � / � �''�\'6� %�Vi \1�r•11� � , � _� - _� � � � � � � � Cont��cro� sh+d// 4¢ ��Qui��d ro c�ovs� �srs� vau/� w.iti /o✓'o/tclivt q�/drd ' •,���...w.vi�w��r�.�r/i.�Y/i����ii\��ij�` ��, . iQd�,ot �s rsQ uirQ d. ` .rist IDi�i�,iJit SQr'✓��t � '� 10 floast o� �B/d,�. jl - - - � w/i .. � y,i�\t �.� �� �� .�/er¢� s/�,�v///Sa i'ar»ovad by �h� Con �i�c �o� Con�tcrion /'�om by -��ss 10 �o�ivd fP st�v�c� shd// h¢ i»e9d� by Contnrcror' f,risr Cb/�pc� Ssrrics Lins � , CITY WATEF DEPARTMENT ' FORT WOFiTH. TEXAS � i�'�i'� SER�//CE C�NNECl'/4N DEi'A/L � F/GU�PF 2 , u��n�9�� ��C���D ��� ������� �� �'�`�� � ��o "'"�!�'�': ., �, �, �r. -9�—� � �— MO 1•��t Or' t• �tMflA• �OTM rAt• wITM Y1M Z•�Af lOY{11Y��Wl 1U OITCN a��r. cu.� � �vrs..� ����• ��hu�T ��•N�i• �v�r�ct �[►��ttrtrt ' [��sr •t�w�t t��at�w� fW��tl 1� �/t' r�� 1 •v���tt (� Cw� � sYTT!• � pn � wr cut ` ! r�c■ co•t . r'' : , , ...�� • ,s, :, � _ ��., • � "•� �•. ., '��, � '� • • � � �� .+�-r� � � . . ` • _ , .' , . . , , • , � �. • .. i. � � � r-. • . ' .. • • i �� ��% O c ! v��.7e�.:y►� .i+.�,�'Y', � p •• n;-►so� bo � '7.�' �^!�'�,"o'i�`�/�.'��j�`f ���[t�/t c^ p 7.i ' �� s Oa,�l�A��� �r� .i� • t � . • . . . ;.'-. ,�,� COrC t t . N' �►M ' �'. � RNI. COrt �1t� � r . • ' . . . .��\ `f � �1 COMC�tt � . � � •���� w���M c�.ssy�[�.o�t[� � � � � •� �.��' . ..' ���♦ r�c.cM ��c■rK� �r.►� wt� �rr� w� wf ( �I •�� ( COMC�[�t M�! • . � .: �� �[ou��[r[r�{ •o� ��WM� 1� � II •�� ) . • COY��Ct�OU •� •�(CIIN1 N �f l• . � � ti. 40l 0/ �M[ t1�M0��� M[CMK�� �q�/ 10� COr�t�11C�� ►11KK . . •'1 �01�M• •l��,Cltt N IO�T �OAtM ' 1tt�• O��ACVRI tl t�OM�lO M . • � �tC��OM t�.• 11M t�-t O� •Ilf �� M" ' � 1�ICl/IG�T/Or� I�• Mf�� KI�f�• ■!r� ��o��t�t. �M� �Mtr ���� • � �l►�.CIT• OI /Mt �MiM�f/AU. � '•� . . • , i. _�� MOrM�� MLRI�� w��ll�1� • . . : �.. . , ' _ �I�t . . . • . . ,` ��' • ' �.'�. �1!��',; . .. . . .�•. . ' • . .. • 'ti �Tt� � N.1•NMO�M �N�f N�t Kl Mll�r �Itlt f�l��� M1 COK�Ktt M.1��tMMCt� twCNt� �a�� K�-K� t�Nt �N�lt tIMN �MAI� •�tR�tl� I� MMIYI ��/TII M�/ 10 N CYf� tM� •f�tl tKl �1 AtK�tl� A� ��0�11. N�R�IK�� TO tM� MN�AI M �O w Mr�� �ls�M M•�� �MKI N Cv� �N W1M�t� A/ O�rt� 1�/1�tN � IM �vtr� M�• M1tM, r1���Mlr �Mrlrtr• Or �ll .�MItINtp M 1� Mlw1�A. 10t���1! � Mr�rYr lw� MaK[ wl��IMCl�iMC11lT[ N�l �� Y�MAIt •iNf�� My�l �[ ly• ���tAK! OI It' �I<l /[ MOvp� •�110vl�. M 11N M�M� NIM�C! GOIIA�. �h K�O�N A N�[ h r�TCll w��Q11T MO.�- 2-2� CONCRETE M11� ME OELETEO 1� �(�f10M� M 1�[C7IKAf� tOf �MO�A NAL► TN[ SP[C�ilEp tN.�1INESSOi 2�21 IS ^ ❑ n � � 1� r0A[ •TAlll�lw? AOOCO TO TNE C1A14 "A'�CONt�EtE. �`J��}QC�/y�B �IC��``^�'���('�^� , TYPICAL SECTION T R E N C H REPAIR u L��� 5 �/�`� f� l��% (r���r�f"��r,� ��1rY� u u C'� � I� �Zt�. Il A�PHALT SURFACE 8r R�lNFORCED CONCRETE BASE. �� �'�r'� ��n�`o _ k C/II' O/ �O�►/ 11'OATN �v.-s-�-1� �Ev.�-�� TRANSPOATATION/PUSL�C MIORK3 OE�T. �`-�-��-�-� � � � ' �•�t �.._ . � �..� � � f i �f�I! 0/Y y , i � i�.•_ N - i o � } "�. l„_ � �...-� � r � � EXCA�/ATICIN, BACK�I�� AND PAVEMENT REPAIR UNDER EXISTING STREETS � MIN, 2' H�T ❑R COLD MIX ASPHALT, —TEMPORARY PAVING REPAIR SHOWN — �^ F�R PERMANENT PAVING REPAIR DETAILS E�IST, STREET PAVEMENT SEE FIGURES 1-5 OR AS SPECIFIED IN THE PLANS OR SPECIFICATIDNS, � ; � .. „ ., „ ., „ ., „ ,. .� „ ,. - „ ,. .. .. � .. .. .. .. .. .. .. .. „ ,. ., 0000000ao�oo�o�0000 00000000000 .. /j/j/ o �00000000000000 000/a..00� o0 / �� MIN� 6' C 1�IPAC �li / �i �� � /�� ' �/�jj ( , � � � � • �� FLEX-BASE MATERIALI� / � �� �� •' : � '�/ � . • ;.• • .. .� � f.• .a . � ' �' ' • �i'//.�,•i/�.•'.•//.��'N.//.//�.i//.. , , . '. ' �. a � '. • � ' • ' `. ' •• ♦. , �• � .• � , ,df ' • ` ''• .':.� '.' • ; • . . B�TTOM OF TEMP❑RARY OR ' • � . ••• •. ; , ° . ' � � � �. � �• � .. � � � PERMANENT PAVEMENT REPAIR , �� , � � . . • � . ' � .�' .� �A EXIST, BASE � . '.':. ;:••::<•• : `.. '. ' ��TYPE C BACKFILL �����• . � ':, � . . SEE SPEC, E1-2 � SAND MATERIAL '"`'%�� �''� , �'. . . 1'-6' MAXIMUM EMBEDMENT " • � " • ��' �• �' SEE SPEC. E1-2 �� �• L• ��`•� ��'= MINIMUM 6' SAND . . ...::....4:•-. -'�•�� •� •'• '� ' EMBEDMENT C❑VER . �,, .. • :,.:''.'f.�' � , ��, � . � � '� �' � '' . ; �:'_ � : .':•. ;' Q�'e • MINIMUM 6' EMBEDMENT ,'. < ' . �„ . . . . •, . � INCLUDED IN LINEAR F❑OT BID PRICE ❑F PIPE � �� � � � �IGURE A CWATER SIZES UP T� & INCLUDING 1z") NTS REV� MARCH 25, 1999 � ��� Go�� ����c�a� ���U U e�,LS�vUSLS � �� I! Uo UVt/!.'UUIIp Ul7U�o � � � � � � � � � � � � � � � � � � � w � co � EXISTING CURB y 8 GUTTE a a ,. . � •.. a c .� , w i� � EXIST CONC. CLASS ��A" REINFORCED CONCRETE PAVEMENT � PAVEMENT REPLACEMENT SAW CUT^ �. SAW CUT ^ o' • . , ,� 7► . ; � a� . . . . . , , ' : . _ ' _ �' o � � � � - �� e� OOo � N0.3 BARS ON 24�� CENTERS 80TH WAYS WITH MIN.2 BARS LONGITUOINAL IN DITCH EXISTING CONC. EXiSTING �PAVEMENT �CURB 8►GUTTER r: � � .. . • %- ' - � . , . . .• , � O � . .. ....�i�/ 9 p00000 . .o . . - . � 0.�� a m �� 2" ,�.0 � / 2:27 CONCRETE —� EXIST BASE DITCH WALL� (IF ANY) PROPOSEO FACILITY INSTALLATION PIPE 7e� Z IO.ep•s7. O G6��p��°� � �. . �o � o%.$��/y,���p!/�O� oo r'^p� ' -' •�� � qp Q!7"'_aU T1 `�v� 2 �J,O Q' PC� oo � ��pus .. . ... . .... ... � •'i, '� �ALL TRENCH BACKFILL SHALL EXISTING BASE ' MEET REQUIREMENTS FOR (IF ANY) GRAOATION 8r COMPACTION AS SPECIFIED IN ITEM 402 OF THE ' � STAN�ARO SPECIFICATIONS FOR - �� CONSTRUCTION PUBLIC WORKS � OEPT.,CITY OF �ORT WORTH,TX. OR BACKFILL AS SPECIFIEO IN SECTIONS EI-2 8 E2-2 OF THE SPECIFICATIONS FOR WATER DEPT. PROJECTS�FORT WORTH -� WATER DEPT.� CITY OF FORT WORTH,TEXAS. 0 NOTE�= N0.1-REINfORCE� CONCRETE PAVEMENT N0.2- IF STEEL EXISTS IN CONCRETE N0.3- REINFORCE� CONCRETE PAVE- SH4LL BE REPLACED TO ORIGINAL „ PAVEMENT TO BE CUT,THE STEEL SHALL MENT WILL BE REPLACED OVER DEPTH OR TO A MINIMUM DEPTH OF 5 BE CUT & SALVAGED AS POSSIBLE. A MIN- TRENCH�AS SHOWN� IN THE EVENT WHICHEVER IS GREATER. IMUM LAP SPLICE DISTANCE OF 12�� NON-REINFORCEO CONCRETE N0.4-BEODING OF PIPE TO MATCH SHALL BE PROVIDED. PAVEMENT IS REMOVE�_ AOJACENT SECTIONS OR SPECIFI- CATION 402,WHICHEVER IS GREATER. TYPICAL S ECTION-TRENCH REPAIR OE ETED FC ALFRTHE S EC FEED CONCRETE PAVEMENT RE�-6-I-76 THICKNESS ,QF, 2�27 IS ADDE� TO REV.-11-i-79 THE CLASS A CONCRETE. CITY OF FORT WQRTH�TEXAS REV.-12-15-80 FILE NO.C-3226 i RANSPOR�ATION/PUBI IC WORKS REV.4 84 0•-82 ENGINEERING DIVISION FIG.1 ' ���Y�V�L'1L7���~�W��^,� . � �.,u:� _ �0�� ��C�'�G?��°'-aG�� U Uo VUG��!-'�UUf ��L.L'Ga �i � � SECTI O�J E SPc"CI FI CATIO��S Ja�UARY 1, 197d WATER DEPARTMENT All materials, construction methods and procedures used in this project shall conform to Sections El, E2, and E1A of the Fort �lorth Water �epartment General Contract Documents and General Specifications, together with any additional material specification(s), construction(s) or later revision(s). � (See revisions listed on this sheet). Sections Ei, EZ and E2A of the Fort Worth Water Uepartment General Contract Documents and General Specifications are hereby made a part of this contract documznt by reference � for all purposes, the seme as if copies verbatim nerein, and such Sections ar� fi led and kept i n tnz offi ce of ti�e Ci ty Secretary of the Ci ty of - �ort Worth as an official record of the City of Fort Wortf�. INDEX E1 MATERIAL SPECIFICATIONS � . E2 CO��STRUCTI Or� SPECI FI CATI O��S E2A GENERAL DESIGN DETAILS Revisions as of April L0, 19�1, follow: ,�,, E1-2.4 Backfill: (Correct minimum compaction requirement to 95ro Procter density and correct P.I. values as fo]lows:) . c. Additional backfill requirements when approved for use in streets : '`'� 1. Type B Backfill (c) Maximum plastic index (PI) shall be t� �I 2. Type C Kackfili — (a) Material meeting requirements and having a PI of 8 or less sl�all be considered as suitable for compact- J" ion by jptting �,,, (b) Material meeiing requirement and having a PI of 9 or more si�all be considered for use only witi� .w mec�ianical compaction � EY-2.11Trencii �ackfill; (Correct minimum compaction requirement wherever it appears in this section to 45°6 Procter density except for paragraph a.�, wt�ere the "9�% modified ProcLer density" shal] remai�..�,n.ch.an.g�.d.,� � �' ' %�!��� ;. I r; f r, ; �;=�.i _ � �_ :�� u:_� �u�sD � �i�-�ii '� C i� e� e e .- �� �� � c��:: G,[��� I��l i'i,� ;�i�"5��IM �, l l•a ���,'\S:�:IIIlG� ��J'ao �. .. . _....... . .__�...�..,�� ............................. � P`" � CONTRACTOR COMPLIANCE WITH WORKERS COMPENSATION LAW �. , . ,_ , Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statues, Contractor certifies that it provides workers compensation insurance coverage for all of its employees employed on City of � Fort Worth Numbers: � ' Project No.: ,LC�C� t��� ��� ��ll/%S�/I � �_ , D.O.E. No.: �7�� r � .2 3 /l ,U ������/P r L� � .2 3/Z 2 3�,3 Contractor � . �'�� a : � ���: ,�� y � .� J r � Title: �� v�� :,. r. � _ Date: [•����L�I��I�i•� �,,, COUNTY OF TARRANT '� BEF E, the undersigned authority, on this day personally appeared '� : , known to me to be the person whose name is subscribed to the foregoin F instrumept, and acknowl � ged to me that he executed the same as the act and deed of �/� 1� �i�jt��P 1 �_ for the purposes and consideration therein expressed and in � the capacity therein stated. � �, GNEN UNDER MY HAND AND SEAL OF OFFICE this nZ� �ay of ��'- �y , 19�f. � � ' ' � �Z-L --._ � Notary Public in and for the State of Texas �;��''PaY,Pu, ;'', r��� ;il.~. i;A V'..¢')�� D. TCaLLF7T �. ' fi : . �=��,; ����,� ,� ,; :, � br l'Qxas `�;�.; ' bo%'ry Gu,�����. Ycxp. Nug. �7o�E19/ "�'����1� �, ������ } r=���-��..� G V:r���' �,��vU1 � o� �� �� �� �� �.a ��.,�,.;'�;:���, . 0 BOND NO.: TX544955 �. PERFORMANCE BOND THE STATE OF TEXAS � COUNTY OF TARRANT � � KNOW ALL MEN BY THESE PRESENTS: That we (1) D. R UTILITIES, INC.. a(2) Corporation of Texas, hereinafter called Principal, and (3) MERCHANTS BONDING COMPANY (Mutual), 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 �- **Four Hundred Nine Thousand, Thirteen and 50/100** ($409,013.50) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the day of FEB O 8 zOOOA.D. 1999, a copy of which is hereto attached and made part hereof, for the construction oi � WATER REPLACEMENT CONTRACT 98EE Clara St. from W. Rosedale St. to Mistletoe Blvd.; Hawthorne Ave. from Warner Rd. to Forest Park Blvd.; McPherson St. from Stadium Dr. to Rogers Ave.; Mission Ave. from Granbury Rd. to Bewick St.; � Townsend Dr. from Dickson St. to Biddison St. � � designated as Project No.(s) PW53-060530175190; D.O.E. Numbers 2289, 2311, 2312. 2313, 2314, a copy of which contract is hereby attached, referred to and made 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, 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 cost 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. � � F-1 ;,���L��J':�Gi�_h� �����J�Q ':; ��u �"�''� ������1"� ���, �'V�'l�l�o ��o PROVIDED FURTHER, that if any legal action be 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 contract or to the work to be performed thereunder or the specifications 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 or to the specifications. IN WIT`NESS WHEREOF, this instrument is executed in 8 counterparts each one of which � � � L �" shall be deemed an original, this the ATTEST: (Principal) Secretary (S E- � � � � ����� �C� ` Witness as to Pr ncipal ��� �� � �� � ��� � (Add ss) � ATTEST: (S E A L) (Surety) Secretary day of FEB 0 8 Z000 , A.D., 1999. �!�}i �; ��� ��(: �r.- .l�... � `" J Witness as to Surety Cynthia N. Klutts 234 Emma Street, Fort Worth, TX 76111 (Address) (DGS/21/70) � � D. R. UTILITIES, INC. PRINCIPAL (4) �" ! ': ; . BY: ��?��` �-J �ti� ; Donald W. Russell, Pres dent P. O. Box 1851, Azle, TX 76098-1851 (Address) MERCHANTS,BONDING COMPANY (Mutual) '� /� Surety BY: ��� '� � � '2- ��.� '�l !' ' (Attorne�in-Fact) Sheryl A. Klutts 2100 Fleur Dr., Des Moines, IA 50321-1158 (Address) NOTE: Date of Bond must not 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. F-2 ����v���0�:��. ����GQD �`=��^���:�����aa� ���, �;. � �;�.� ,����:� � , .�._.+..._.,�. .._ � __ � ,, � � Mercnants t�onain� �ornpan (MUTUALI b ` � POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized u�der the laws of the State of lowa, and having its prrncipal office in the City of Des Moines, Counry of Poik, State of lowa, hath made, constituted and appointed, and does by these presents make, constitute and aopoint John A. Miller, Sheryl A. Klutts, John A. Miller, II, and/or K.R. Harvey � of Fort Worth and State of Texas its true and lawful Aitorney-in-Faci, with fuA power and authority hereby conferred in its name, place and stead, to sign, execute. acknowledge and deiiver in its behalf as surery any and all bondS, undertakings. recognizances or other written obligations in the nature thereot, subject to the limitation that any such instrumenf shall not exceed the amount of: FIVE MILLION ($5,000,000.00) Dollars and to bind the MEflCHANTS 80N0lNG COMPANY (MUTUAL) thereby as fully artd to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHAN7S BONDING COMPANY (MUTUAL), and all such ac:s of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Subs,ituted and Restated By-laws adopted by the Board of Directors of the MEACHANTS 80NDING COMPANY (MUTUAL) on OC,ober 3, 1992. AATIC�E II, SECTION 8. — The Chairman of the Board or President or any Vice President or Sec-etary shall have power and author- iry to appoint Attomeys-in-Fact, and to authorize them to execute on benalf of the Company, and attacn the Seai of the Comoany thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings ooligatory in the nature thereof. � W- ARTICLE II, ScCTICN 9. — The signature of any authorized o"rficer and tha Seal of the Company may be affixed by facsimiie to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, underiaking, recognizance. or other sureryship obligarions ot the Company, and such signature and seaf when so us2d siall have the same rorce and efter as though manually fixed. In'Nitness Whereof. MEFCHANTS BONDING COMPANY (MUTUAL) has causad ,hes2 pres2nts to be signed by its President and its corporate seal to be hereto affixed, this 1St aay of January � 1999 � .•' N...� G CO •� MERCHANTS BONDING COMPANY (MUTUAL) STATE OF IOWA COUNTY OF POLK ss. . 0\ � . . �. Q' .A�• �o �P q .�. • � ��� q.�9y< : . . �'-� _ -o- ^'' • : y�. 1s33 �•�c; •� J� .' y . ,.. �� �` ,\,d� . • � •....• By � ��� � Presroent On this 1St oay of January , 1999 , berore me aooeared Larry T�ytor, ro ne personally known, wno beinc �y me duly sworn did say that he is President or che MERCHANTS BONDING COMPANY (b1U � UAL?, che corporation describea in the `oregoing instrument, and that the Seal affixed to fhe said instrument is the Corporate Seal oi the szid Corporation and that :he saici instrument was signed and sealed in behalf of said Corporation by authorrty of iis 8oard oi Direc;ars. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des ,�toines, lowa, the day ard ,vear first above written. STATE OF IOWA COUNiY OF POLK ss. �....�� •'�• �•. : X� M�� •. . � . .� J <9� •: . � 2 . ; 10 WA : . . � Z �•. : � v • : ��,Q •..... •• S�P : . �•� q I AL ��: '•.....•' ��C�� Notary Pub/ic, Po1k Counry, lowa I, Wiiliam Wamer. Jc, Secre?ary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby Certify that the above ard roregoing is a true and correct cooy oi tRe POWEA-OF-ATTORNEY, executed by said MEACHANTS 80NDWG COMPANY (MUTUAL), wnicn is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on this day of , . � � � MSC OBta (y98) � • • .• �0��� • ��?�,o .� . . •��•'O�P�Rq'9 '. � � V .�:y1• • Gq � •F-:? -O- �: . v: 3 • : y� i933 • c: � J ' �/ • • y •ao. . , . .�w• .. � ' ^�''�\1�. •. . . •....• �iti�F+-� `s ✓s' �� Secrerary �;:,;;;:il��:" G`_'��': 'JQ� �T� (��y "; i' I� �Il� C����'� U;:ILS�U�.\�U i�' j�r���(`_'��� p(� _ � �'° �'' y liu 0 � � BOND NO.: TX544955, PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT � KNOW ALL MEN BY THESE PRESENTS: That we (1) D.R. UTILITIES. INC a(2) Corporation of Texas, hereinafter call Principal, and (3) _MERCHANTS BONDING COMPANY (Mutual} , a corporation organized and existing under the law's of the State' and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafrer called Owner, and unto all person, firms, and corporations who may furnish materials, for or perform labor upon the building or improvements hereinafter referred to in the penal sum of : ' FOUR HUNDRED NINE THOUSAND THIRTEEN AND 50/100 ......................................................... ($409,013.501 Dollars in lawful money of the United Sta�es, to bg paid in?Ffl�t .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, }ointly and severally, fimily to these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the O�mer, dated the day of A.D. , 1999, a copy of which is hereto attached and made a part thereof, for the conshuction of : F E B 0 8 2000 WATER REPLACEMENT CONTRACT 98EE � ., �, �'" i� � � Clara St. from W. Rosedale St, to Mistletoe Blvd.; Hawthorne Ave. from Warner Rd. to Forest park Blvd.; McPherson St. from Stadium Dr. to Rogers Ave.; Mission Ave. from Granbury Rd. to Bewick St.; Townsend Dr. from Dickson St. to Biddison St. Project No. (s) PW53-090530175140; D.O.E. Numbers 2289. 2311. 2312. 2313, 2314 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 refened to as the "work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160, Revised Civil Statutes of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, othervvise it shall remain in full force and effect. F10 ����G9�G�����, ���C����D �� ��'�� ��C��=G�S � G�� U Uo �L��11';UUU� ��Wa PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its 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 or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts each one of which shall � � i� � be deemed an original, this the ATTEST: ;�SEA ) L ��� �/ �1� � ATTEST: (Principal) Secretary day of FEB 0 8 z00.�A.D., 1999. � � � �JVitness as to Principal GG�: Z' �� �Addr A ) � D. R. UTII,ITIES, INC. PRINCIPAL (4) ,� � ��,� � � BY: %. _--fT�"��/�`.�/; "�tD:;' Donald W. Russell, Pr ident P. O. Box 1851, Azle, TX 76098-1851 (Address) MERCHANTS GINDING COMPANY (Mutual) 1 ' Surety ; � � BY: L � /'� ; � ,: _ I�. �- ��/.� � C�� .� `'> � � 5 (Attorney-m-Fact) ( ) Sheryl A. Klutts 2100 Fleur Dr., Des Moines, IA 50321-1158 (Address) (S E A L) (Surety) Secretary � ; � , � i ' ��. C� F ..� /�.'� YI �i f � � �� � C��f,{ .�,G �, ' Witness as to Surety Cynthia N. Klutts 234 Emma St., Fort Worth, TX 76111 (Address) �c-sia ii�o> NOTE: Date of Bond must not 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 Atto'tr^ -it���.�,�. ^ "����'C���':� �'��'��� F-4 �� ��f ����� ���� �a ^ir�Ull� ��W� � � Mercrtants t�onatn� �ompan (MUTUAL) b ` � POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of lowa, and having its principai office in the Ciry of Des Moines. Counry of Poik, State of iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint John A. Miller, Sheryl A. Klutts, John A. Miller, TI, and/or K.R. Harvey �'° of Fort Worth and State of Texas iis true and lawful Attorney-in-Faci, with full power and authority hereby conferred in its name, place and stead, to sign, execute. acknowledge antl deiiver in its behalf as surety any and all honds, undertakings. recognizances or other written obiigations in the nature thereof, subject to the limitation that any such instrument shal( not exceed the amount of: FIVE MILLION ($5,000,000.00) Dollars � and !o bind the MERCHANTS BONDING COMPqNY (MUTUAL) thereby as fully and to the same extent as if such bond or undercakirtg was signed by the duly authoriZed officers of the MERCHANTS BONDING COMP.4NY (MUTUAL), and all such acts of said Attomey-in-Fact. pursuant to the authoriry herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws adopted by the Board of Direc�ors or the MEACHANTS BONDING COMPANY (MUTUAL) on Oc;ober 3, 1992. ARTICLE II, ScCTION 8. —The Chairman of the Board or President or any Vice President or Secretary snall have power and author- iry ro appoinc Attorneys-in-Fact. and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and unaertakinas, recognizances, contracts of indemniry and other writings obiiga[ory in the nature thereei. � � ., , ARTICLE II, ScCTICN 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Cartification thereof authorizing the execution and delivery oi any bond, undertaking, recognizance. or other sure.ryship oo�igations of the C�mpany, and such signature and seal when so used shall have che same 'rorce and effec: as though manually fixed. In Witness Whereof. MERCHANTS BONDING COMPANY (MUTUAL) has c2usad these presents to be signed by its President and its corporate seal to be herero affixed. this ],St day of January � 1999 � STATE OF IOWA COUNTY CF PO�K ss �...... •• �O�NG • ��?�,c •� • 0 '• o .. .�.•pR q •9 • � c� '9.� :y,c . :�:�? _o_ R+; • :6�' 1933 �:3; y�. ; • c. ,'��''� t \,ac� . �: • . �. •....• MERCHANTS BONDING COMPANY (MUTUAL) gY � ��� �,05i40n� On this 1St day of ,7anuary , 1999 , beiore me appeared Larry Taylor, ro me personally known, wne beinc oy me duty sworn did say that he is President or ,he MERCHANTS BONDWG COMP,4NY (MUTUALL the corporation describaa in the `oregcing instrument, and that the Seal affixed to the said instrument is the Corporate Seai or the said Corporation and that ;he saic nstrumeni was signed and sealed in behalf oi said Corporation by authoriry of its doard or Direc:ors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City oi Des 4loines, lowa, the day ard ,ve2r nrst above written. STATE OF IOWA COUNTY OF POLK ss. . •••. .� �.•� . .' K• M�� �•. .• J � `% •: . . � Z . ; 10 WA : . � . y � . • : .. . o�. •......• S�P •� qRtA� �•'� . '•....••' �'%<<,�� Norary Pubiic. Polk Counry, lowa I, William Warner. Jc, 5ecre:ary of ,he MERCHANTS BONDWG COMPANY (MUTUAL), do hereby Certity that the above and ioregoing is a true and correc; cooy of the POWER-OF•A7TORNEY, executed by said MEnCHANTS BONDING COMPANY (MlJTUAL), �+vhich is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on this day of , , � � � � � MSC 08ta (y99) � .•� �MG Cp,� . �0, ,, • . . • .��.•ORPOq9•9 . • • • Nj ' V _ � �• -'� • .�. • -o� � � . � �: 3 : y` 7933 • c; • ,j .�C�. •y •a. . ,;w. .`., , . .. ., ��;� . ..• •..... � `<%►'��i7�. secre�ary U����O��� V`•'i�'�r,;�`Ir; ����1 ����G?� ° �'�� i � u� `�?ti� [�o �9C�uh�p ���:�� d � BOND NO.: TX544955 MAINTENANCE BOND THE STATE OF TEXAS � COUNTY OF TARRANT � KNOW ALL MEN BY THESE PRESENTS: That (1) D. R. UTILITIES, INC., as Principal, acting herein by and through (2) Donald W. Russell, its duly authorized President and (3) MERCHANTS BONDING COMPANY (Mutuall, a corporation organized under the laws of the State of Iowa, 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, �..� **Four Hundred Nine Thousand, Thirteen and 50/100** Dollars ($409,013.50), lawfully 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 Principal has entered into a certain contract with the City of Fort Worth, dated FEB 0 8 2000 for the performance of the following described public work and the construction of the following described public improvements: �., WATER REPLACEMENT CONTRACT 98EE � Clara St. from W. Rosedale St. to Mistletoe Blvd.; Hawthorne Ave. from Warner Rd. to Forest ,� Park Blvd.; McPherson St. from Stadium Dr. to Rogers Ave.; Mission Ave. from Granbury Rd. to Bewick St.; Townsend Dr. from Dickson St. to Biddison St. � all of the same being referred to herein and in said contract as the Work and being designated as Project No.(s) PW53-060530175190; D.O.E. Numbers 2289, 2311. 2312, 2313, 2314; 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 of one (1) vear after the date of the final acceptance of the work by the City; and �� WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of one (1) year; and WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it be necessary; and, „ „ �.i � J �i�'q J)k ; I �, F-s l�'� ���OGtF �'.l�W ��,�,� � r �l ���"� r�;:'1��3�� Q �. ��.�, ��o _ ....._... � �; iy � r, I �_ WHEREAS, said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruct said work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and said City shall have and recover from the said Contractor and its surety damages in the premises as prescribed by said Contract. This obligation shall be a 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 this instrument is executed in 8 counterparts, each one of which shall be deemed an original, dated FEB 0 8 7_000 . �b ATTEST: r �... � �� i� ( L) � / � �/� � .. � ATTEST: �. �' SEAL � ) (Principal) Secretary G��,�,��� ness as to P�ci al �G'/'2�' i� liCaC (Add"ress) � �� (Surety) Secretary � � // _,�'1 ,�� _/. %"�yj-i'-r , ; a „ t.<. � I ,.�,�!.�:,�=(.,�-, � Witness as to Surety Cynthia N. Klutts 234 Emma St., Fort Worth, TX 76111 (Address) � F-6 � D. R. UTILITIES, INC. PRINCIl'AL (4�� � �� � � BY� : ��,�/�' /,�J '�' Donald W. Russell, President P. O. Boz 1851, Azle, TX 76098-1851 (Address) MERCHANT �ONDING COMPANY (Mutual) 0 Surety //.���f,��� � BY: � �%�� 7;y, �C�. ( ..l r°C.-l.�,t'� �i _— ` (Attorr�y-in-Fact) (5) 5heryl A. Klutts 2100 Fleur Dr., Des Moines, IA 50321-1158 (Address) NOTE: Date of Bond must not 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 At� rney shall be attached to 3 �r��;tt�q�e���x� Fact. � � U�� G-r�, � ,� '� �� ����1 ��'yr � �i 1IV�tiS�'�i ��`�: Y V �...� � .j. � �; � r L� � Mercrtants r�onam� �om an �M�AL� � P Y POWER OF ATTORNEY Know AII Persons 8y These Presents, that the MEACHANTS BONDING COMPANY (MUTl1AL), a corporation duly organized under the laws of the State of lowa, and havinq rts prrncipal office rn the City of Des Moines. Counry of Polk, State of lowa, hath made, consiituted and appointed, and does by these presents make, constitute and appoint John A. Miller, Sheryl A. Klutts, John A. Miller, II, and/or K.R. Harvey Qf Fort Worth and State of Texas its irue and lawful Attorney-in-FacS, with full power � and authority hereby conferred in its name, place and stead, to sign, execute. acknowledge and deliver in its behalf as surery any and all bonds, undertakings. recognizances or other written obligations in the nature thereof, su6ject to the limitation that any such insirume�t shall not exce=d the amount of: FIVE MILLION ($5,000,000.00) Dollars and to bind the MERCHANTS 20NDING COMPANY (MUTUAL) thereby as fully and to ihe same extent as if such bond or undertaking was � signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such ac:s of said Attorney-in-Fac:, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and axecuted pursuant to and by authoriry of the following Amended Substituted and Flestated By-Laws adopted by the Board ot Directors or the MERCHANTS BONDING COMPANY (MU7UAL) on October 3. 1992. ARTICIE II, ScCT10N 9.—The Chairman of the Board or President or any Vice Presfdent or Secretary shalf have power and author- iry to appoinc Attorneys-in-Fac;. and to authorize them to execute on benalf of the Company, and attach the Seal of the Comoany thereto, bonds and undertakings, recognizances, contracts of indemniry and other writings obligatory in the nature thereof. AfiT1CLE II, ScCTION 9. — The signature of any authorized oificer antl the Seal of the Company may be affixed by facsimiie to any Power of Attorney or Certification thereof authorizing the execution and aelivery of any bond, undertaking, recognizance, or other sure,ryship oofrgations of the Comp2ny, and such sig�ature and seal when so used snall have the same torce and effec: as though manually fixed. In Witness Whereof. MERCHANTS BONDING COMP.4NY (MUTUAL) has causad thesa presents to be signed by its President and its corporate seai to be hereto ai�ixed. this jSt day of January . 1999 � �. • ���1G CQ� .� MERCHANTS BONDING COMPANY (MUTUAL) • O�' � P � � 'O �. .�.•�R A••9 ' �G '9•':y<� , . . �:�? -a- `" : . ' a�' 1933 �•'c; 'yv� . .'�y. .,d�;�. .�,�d ,• . W•.....� � ., STATE OF IOWA •.� � �• COUNTY CF POLK ss � � " � BY � � Pras�eent On this 1St day of January , 1999 , beroro me aooeared Larry Taylor, to me personally krown, wno beinc �y me duly swom did say that he is President of ,he MERCHANTS BONDING COMPANY (MUTUALI, the corporation descrio2c in the `oregoing instrument, and that the Saal affixed to �he said instrument is the Corporate Seai or the s2id Corpora[ion and that ;he saic instrument was signed and sealed in benalt of said Corporation by auihority of its Board or Direc,ors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Noines, lowa, the day and yezr nrst above written. STATE OF IOWA COUNTY OF POLK ss. .... . •'�• �•. • K. M�� •. : � � . ' � 9 ' : J � : • � 2 • ; IOWA : . •y � : ��.Q •..... • • S�Q' : . •. R I A�- �•• �'•....••' ��C�� Notary Publrc, Polk Counry, lowa I, William Warner. Jr.. Secre:ary of ;he ME�CHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and roregoing is a true and correct copy or the POWcR-OF•ATTORNEY, executed by said MEACHANTS 80NDING COMPANY (MUTUAL), wnich is still . in force and effect. In Witness Whereof, I have nereunto set my hand and af`ixed the Seal of the Company on •. this day of , . � � � � ` / ' �' /%/ �, • �p�N� ���fj • � � � ���� .o • , . � �9 . . . i��� � O� P ' 9 • Secre�ary •�: � 9�':y�; � ` •►-: r -o- R': � , � MSC087a(2/9Bl 't'� 1933 �'�� . ,`��, � It�� '� � ,��i�,;�r�� ; � � � � � �af1�r G:'���� � � , Lv IfCi�: v . � �� ! ;y�,,� .•a�:' ;� ;;C�' N"�"V "� ' ��'�, ��: �_ • ����:, �����.• � � �;�— � '••..:�...•• � �, �'��_���k is�`��o � �. ! � �a �- . � � �: � l� r L IMPORTANT NOTICE To obtain information or make a complaint: You may call the company's toll-free telephone number for information or to make a complaint at: 1-800-252-9656 You may write the Texas Department of Insurance �,� ,• P. O. Box 149104 Austin, TX 78714-9104 FAX �i (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 POLICY: This _ notice is for information only and does not become a part or condition of the attached document. � Prescribed by the State Board of Insurance � Effective May 1, 1992 1 1 ' ' ' 1 � � AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numbero de telefono gratis de la companla para informacion o para someter una queja al 1-800-252-9656 Puede comunicarse con el Departamento de Seguros de P. O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente or la compania prlmero. Si no se resuelve la disputa, puede entonces comunicarse con el Departamento de Seguros de Texas. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. Ordenado por el consejo Estatal de Directures de Seguros, Effectivo el 1 de Mayo 1991. � ��B�GBI�� ���C��Q� ��� �������( (�a ���`'��I� �[��. THIS CONTRACT, made and entered into FEB 0��nnn by and between the City of WITNESSETH: That for and in consideration of payments and agreements hereinafter �,., WATER REPLACEMENT CONTRACT 98EE: ' Clara St. from W. Rosedale St. to Mistletoe Blvd. - D.O.E. #2289 Hawthorne Ave. from Warner Rd. to Forest Park Blvd. - D.O.E. #2311 McPherson St. from Stadium Dr. to Rogers Ave. - D.O.E. #2312 "'� Mission Ave. from Granbury Rd. to Bewick St. - D. O. E. #2313 _ Townsend Dr, from Dickson St. to Biddison St. - D.O.E. #2314 Water Project No. PW53-060530175190 �-; and all extra work connected therewith, under the terms as stated in the Contract Documents, and at his (their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, PART G - CONTRACT THE STATE OF TEXAS � COUNTY OF TARRANT � Fort Worth, a home-rule municipal corporation located in Tarrant County, Texas, acting through its City Manager thereto duly authorized so to do, Party of the First Part, hereinafter termed "OWNER", and D. R. UTILITIES, INC. of the City of Azle, County of Parker and State of Texas, Party of the Second Part, hereinafter termed "CONTRACTOR". mentioned to be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said Party of the First Part (Owner) to commence and complete certain improvements described as follows: �... superintendence, labor, bonds, insurance, and other accessories and services necessary to compete the � �... 1 said construction, in accordance with all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been identified by the endorsement of the Contractor of the Contract Documents hereto attached, including the Fort Worth Water Department General Contract Documents and General Specifications, all of which are made a part hereof and collectively evidence and constitute the entire contract. G-1 �����OLQ�d �°����� '� 0�' ���'� Q[�� �a "��C�.1�UUy �15W� � ..- � �a � � � � � � The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete same within the time stated in the Proposal. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefore, subject to additions and deductions, as provided in the Contract Documents and all approved modifications thereof, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the Parties of these presents have executed this Contract in � counterparts in the year and day first above written. CITY OF FORT WORTH, TEXA5 (Owner) Party of the First Part � _ By: Asst. City Manager ��w�:� CW (SEAL) ATTEST: �- , , � � 'a��., . , _ �_ " �' f �%�;�YS�-�. ) � - � ��DD City Secretary� ' �, ' � � ��1� Contract Authorization oc.�'�'� Date CONTRACTOR: � Approved: D. R. UTII.ITIES, INC. ��G � � �� A. Douglas Rademaker, P.E., Director By: � � f'a � � De artment of En ineerin � Donald W. Russell P g g Title: President �. CW W,� SES: � � ���� � APPR VED AS TO FORM AND LEGALITY: Gaiy Stem erger, Asst. City Attorney � , G-2 ����������G�.� ��C���D ',��, � �U ���"'� (i� ° °� f�o �'IuG��ao ��. City' of For�t Wor�th, Texas �l►�A�c�� A:nd Caunc�l C��nrt�n�cAt�an DATE REFERENCE NUMBER ` LOG NAME PAGE � 2/8/00 **C-17845 � �ooRu � 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO D. R. UTILITIES, INC. FOR WATER REPLACEMENT CONTRACT 98EE IN CLARA STREET FROM WEST ROSEDALE STREET TO MISTLETOE -BOULEVARI�; HAWTHORNE AVENUE FROM WARNER ROAD TO FOREST PARK BOULEVARD; MISSION AVENUE FROM GRANBURY R(OAD TO BEWICK STREET; AND TOWNSEND DRIVE FROM DICKSON STREET TO BIDDISON STREET Water contingencies for change orders are $20,451.00, and $28,631.00 for associated construction inspection and survey. FISCAL INFORMAT'fON/CERTI�ICATION: The Finance Director certifies that upon approval and completion of recommendation 1, and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water Capi�al Project Fund. MG:j Submitted for City Manager's Office by: Mike Groomer Originating Department Head: A. Douglas Rademaker Additional Information Contact: A. Douglas Rademaker � FUN� � (to) �, 1&2) PW53 6140 I 2) PW53 2) PW53 , I 6157 � (from) I1) PE45 3) PW53 �- 6157 � ACCOUNT � CENTER I AMOUNT 472045 060530175190 $458,095.50 541200 060530175190 $429,464.50 531350 030530175190 $ 28,631.00 538070 0609020 $458,095.50 541200 060530175190 $409,013.50 CITY SECRETARY I�PP+RQVED CiTY COUN�IL FEB 8 2000 �� �� Cit� Sa�cre¢arT of t2►e Cit' Qf Fort V�Torth.'t�xas A�opted Ordinat�a� No..�`1 City of Fort Worth, Texas �1►�Aya� And C,aunc�l Ca�n�nun�cAt�an DATE REFERENCE NUMBER LOG NAME 2/s/oo **C-17845 30DRU PAGE 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO D. R. UTILITIES, INC. FOR WATER REPLACEMENT CONTRACT 98EE IN CLARA STREET FROM WEST ROSEDALE STREET TO MISTLETOE BOULEVARD; HAWTHORNE AVENUE FROM WARNER ROAD TO FOREST PARK BOULEVARD; MISSION AVENUE FROM GRANBURY ROAD TO BEWICK STREET; AND TOWNSEND DRIVE FROM DICKSON STREET TO BIDDISON STREET RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $458,095.50 from the Water and Sewer Operating Fund to the Water Capital Project Fund; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $458,095.50 from available funds; and 3. Authorize the City Manager to execute a contract with D. R. Utilities, Inc. in the amount of $409,013.50 and 55 working days for Water Replacement Contract 98EE in Clara Street from West Rosedale Street to Mistletoe Boulevard; Hawthorne Avenue from Warner Road to Forest Park Boulevard; Mission Avenue from Granbury Road to Bewick Street;, and Townsend Drive from Dickson Street to Biddison Street. DISCUSSION: The Water Department has determined that the water lines in Clara Street, Hawthorne Avenue, Mission Avenue and Townsend Drive need to be replaced prior to paving improvements. The paving improvements will be done under one of Transportation and Public Works' street maintenance contracts. This project was advertised for bid October 14 and 21, 1999. The following bids were received November 11, 1999: BIDDERS D. R. Utilities, Inc. Davila Construction, Inc. M.E. Burns Construction, Inc. Mid-State Utilities, Inc. William J. Schultz, Inc. d/b/a Circle "C" Construction Co Conatser Construction, Inc. Jackson Construction, Inc. Burleson Utilities, Inc. AMOUNT $409,013.50 $418,485.25 $449, 971.50 $455,785.00 $460,649.50 $461,410.00 $463,206.25 $492,464.35 TIME OF COMPLETION 55 Working Days The low bidder, D. R. Utilities, Inc., is in compliance with the City's M/WBE Ordinance by committing to 18% M/WBE participation. The City's goal on this project is 18%.