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HomeMy WebLinkAboutContract 30381 4 �_ E T k N 0 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE ELECTRICAL RELIABILITY IMPROVEMENT AT SCADA CONTROL CENTER AND LAKE COUNTRY LIFT STATIONS Project No. P174-070174028001 City of Fort Worth Water Department OAF ../.................r.0 _• M. K. UUP A April 20049 580PIST ss/O LEt�C' Gupta & Associates Inc. L� 5430 Alpha Road, Suite 200 Dallas, Texas 75240 CITY -ECRETARY CONTRACT NO . City of Fort Worth Electrical Reliability Improvement At SCADA Control Center And Lake Country Lift Station Addendum- 1 5-24-2204 Specifications: 1.Section 16220-2.05- L: Replace the paragraph with the following L.The ATS shall be factory pre wired and installed in a Nema-3R enclosure on the outside of the generator enclosure.In addition furnish a sunshield for the transfer switch. Drawings: I1.Drawing E2,revise note#9: Change aluminum conduit to rigid galvanized steel conduit. I End of Addendum-1 I - �0of TM. 16. o./c..u..uuuu V.K.O( Ru. 53Uyi�.O `� Rte,-..... o& IM I � •a c7r ► nQ4.7PJQ ie9 eca :oj b0 *a Rew r City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/27/2004 DATE: Tuesday, July 27, 2004 LOG NAME: 60SCADA REFERENCE NO.: **C-20169 SUBJECT: Award of Contract to WHECO Electric, Inc. for the Electrical Reliability Improvements at SCADA Control Center and Lake Country Lift Stations RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with WHECO Electric, Inc. in the amount of $179,000.00 for the Electrical Reliability Improvement at SCADA Control Center and Lake Country Lift Stations. DISCUSSION: This project consists of the installation of a new 80 KVA uninterruptible power supply and associated electrical work at the Water Department SCADA Control Center and the delivery of four emergency diesel generators with auto transfer capability to provide back up electrical power to existing wastewater lift stations located in the Eagle Mountain Lake area. The project was advertised for bid in the Commercial Recorder on April 29 and May 6, 2004. On May 27, 2004, the following bids were received: BIDDER TOTAL BID CONTRACT TIME WHECO Electric, Inc. $ 179,000.00 120 Calendar Days H&H Electrical Contractors $215,500.00 This project is located in COUNCIL DISTRICTS 7 and 9. WHECO Electric, Inc., is in compliance with the City's MI BE Ordinance by documenting good faith effort. The City's goal on this project is 8%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating and capital budgets, as appropriated, of the Water and Sewer Fund and Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/AccounVCenters LoRname: 60SCADA P174 541200 070174028001 $75.000.00 PE45 539120 0605004 $104.000.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Dale Fisseler (8207) Additional Information Contact: Dale Fisseler (8207) Logname: 60SCADA TABLE OF CONTENTS ELECTRICAL RELIABILITY IMPROVEMENT AT SCADA CONTROL CENTER AND LAKE COUNTRY LIFT STATIONS PART A NOTICE TO BIDDERS Notice to Bidders Special Instructions to Bidders PART B PROPOSAL Proposal M/WBE Specifications PART C GENERAL CONDITIONS PART C1 SUPPLEMENTARY CONDITIONS TO PART C PART D SPECIAL CONDITIONS PART E TECHNICAL SPECIFICATIONS City of Fort Worth Material((E-1)and Construction(E-2)Specifications from the Fort Worth Water Department,not included herein) DIVISION 1 GENERAL REQUIREMENTS Section 01010 Summary of Work Section 01025 Measurement and Payment Section 01170 Special Provisions Section 01200 Project Meetings Section 01300 Submittals Section 01610 Material and Equipment Section 01700 Contract Closeout Section 01710 Cleaning Section 01720 Project Record Documents Section 01730 Operating and Maintenance Data Section 01740 Warranties and Bonds _ DIVISION 16 ELECTRICAL Section 16000 Electrical General Provisions Section 16110 Raceways Section 16120 Wire and Cable Section 16140 Light switches and Receptacles Section 16191 Miscellaneous Equipment Section 16220 Emergency Generator with Automatic Transfer Switch Section 16440 Single Module Uninterruptible Power System Section 16470 Panelboards Section 16660 Grounding System N! PART F BONDS AND INSURANCE Certificate of Insurance Performance Bond Payment Bond Maintenance Bond Contractor Compliance with Workers Compensation Laws PART G CONTRACTS G-100 - Contract PART H PLANS p x 7. . I , 2 r r r r r r r r PART A NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS r r r r r r r NOTICE TO BIDDERS Sealed proposals for the Electrical Reliability Improvement at SCADA Control Center and Lake Country Lift Stations, Project Number P174-070174028001 will be received at the office of the Purchasing Manager until 1:30 P.M., Thursday, May 270, 2004 and then publicly opened and read aloud at 2:00 P.M. Contract documents have been prepared by Gupta & Associates Inc, 972-490-7661, 5430 Alpha Road, Suite 200, Dallas, Texas, 75240, and may be examined without charge at their office. Contract documents may be obtained from Gupta & Associates Inc., at the above address for a non-refundable charge of: Set of one-half size Plans and Specifications: $50.00 General Contract Documents and General Specifications for Water Department projects, dated January 1, 1978, with the latest revisions, also compromise a part of the Contract Documents for this project and may be obtained by paying a non-refundable fee of$50.00 for each set, at the office of Water Department, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. All contractors submitting bids are required to meet the Fort Worth Water Department special pre-qualification requirements for this project. Special pre-qualification submittals must be received a minimum of seven (7) days prior to bid opening. Bid security is required in accordance with the Special Instructions to Bidders. A pre-bid conference will be held at 10:00 AM on Wednesday, May 12th, 2004 at the SCADA Conference Room, 1501 1 Ph Avenue, 76102, Fort Worth, Texas (MAPSCO 76C). The Engineer will transmit to all prospective bidders of record such Addenda as he considers necessary in response to questions arising at the pre-bid conference. 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 Gupta & Associates at 972-490- 7661 or the Water Department at 817-392-6820. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be withdrawn until the expiration of ninety (90)days from the date the bids are received. For additional information, contact V.K. Gupta,P.E. 972-490-7661. Advertising Dates: April 29th,2004 May 6th,2004 SPECIAL INSTRUCTIONS TO BIDDERS 1. SPECIAL PREQUALIFICATION REQUIREMENTS. All contractors submitting bids are required to meet the Fort Worth Water Department special pre-qualification requirements for this project prior to submitting bids. Previous prequalification by the Fort Worth Water Department will not be considered as meeting this requirement. This one-time special project-specific process will prequalify potential bidders whose bids will be considered for award based upon a technical evaluation. In addition,the process will establish a bid limit based on a financial analysis of the contractor. It is the bidder's responsibility to submit documentation for those items listed below,to the Director of the Water Department or his designated representative,at least seven (7)calendar days prior to the date of bid opening. The Water Department may request any other documents it may deem necessary. Any additional documents so requested shall be submitted to the Director of the Water Department or his designated representative at least seven(7)calendar days prior to the date of the opening bids. a) COVER LETTER. The cover letter provided by the prospective bidder with the prequalification information must include the name of a contact individual that the City may contact for additional information if needed. b) FINANCIAL STATEMENT. The financial statement required shall have been prepared by an independent certified public accountant or independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status of the submitting company. This statement must be current and not more than one 7 (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. U' c) EXPERIENCE RECORD. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in the work of both the same nature and technical level as that of the project for which bids are to be received. Experience must be on projects that were completed no more than 5 years prior to the date on which bids will be received. A minimum of three references must be included. References must include a contact person name,telephone number,project name and total cost,and type of work done. In the event the Bidder on this contract is a Joint Venture,financial statements from each joint venturer shall be submitted for prequalification, as well as the experience record and list of equipment of each joint venturer. The financial statements required shall have been prepared by an independent certified public accountant or independent public accountant holding a valid license issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status of the each joint venturer. The statements 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.It is not required that each joint venturer shall have the necessary experience and equipment,rather that combined,the joint venture has the required experience and equipment. Upon request, the joint venture agreement shall be submitted for 7 review. The Water Department will review each pre-qualification submittal. From the financial statement, the maximum bid limit will be based on amount of liquid assets times 10. The following conditions will apply: a) The Director of the Water Department shall be the sole judge as to the acceptability for financial, experience and other qualifications to bid on any Fort Worth Water Department project. b) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. c) The City,in its sole discretion,may reject a bid for failure to demonstrate acceptoN &rformance, experience and/or expertise. special instructions.doe A-1 4128104 d) Any proposals submitted by a non pre-qualified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. e) The City will attempt to notify prospective bidders whose qualifications(financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall be a wavier of any necessary pre-qualifications. —R For additional information contact Chris Harder,Fort Worth Water Department at(817)392-6820(FAX 817- 392-8195). Pre-qualification submittal should be sent to: Chris Harder,P.E. Fort Worth Water Department 1000 Throckmorton Street • Fort Worth,TX 76102-6212 2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE: 2.1 Before submitting his Bid,each Bidder must(a)examine the Contract Documents thoroughly,(b)visit the site to familiarize himself with local conditions that may in any manner affect performance of the work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations . , affecting performance of the work,and(d)carefully correlate his observations with the requirements of the Contract Documents. 2.2 Reference is made to the Supplementary Conditions for the identification of those surveys and investigation reports of subsurface or latent physical conditions at the site or otherwise affecting performance of the work which have been relied upon by Engineer in preparing the Drawings and Specifications. The data is furnished for information only and neither the Owner nor Engineer guarantees the accuracy of the data. Before submitting his Bid each Bidder will,at his own expense, make such additional surveys and investigations as he may deem necessary to determine his bid price for performance of the work within the terms of the Contract Documents. The Bidder acknowledges by the submission of his bid that he is solely responsible for trench excavation safety as prescribed by the Occupational Safety and Health Administration and HB662 and HB665as amended by the 72nd Session of the Texas legislature and amended by the 73rd Session of the Texas Legislature with HB 1569. 2.3 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Article 4. 3. BID FORM(PROPOSAL) 3.1 Bidders shall use the Bid (Proposal) forms included in the documents for each contract Bid. Supplemental data to be furnished shall be included in same sealed envelope with Proposal. 3.2 Bid (Proposal) Forms must be completed in ink. The Bid price of each item on the form must be stated in words, if specifically requested, and/or numerals; in case of a conflict, words will take precedence. The Bid shall be submitted for each item in the proposal. Omission of an amount for any item considered non-responsive. �w 3.3 Bids by corporation must be executed in the corporate name by the president or a vice-president(or other corporate officer accompanied by evidence of authority to sign)and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 3.4 Bids by partnerships must be executed in the partnership name and signed by a partner,his title must appear under his signature and the official address of the partnership must be shown below the signature. special instructions.doc A-2 4/28/04 3.5 All names must be printed below the signature. 3.6 The Bid shall contain an acknowledgement of receipt of all Addenda(the number of which shall be filled in on the Bid Form). 4. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Invitation for Bids and shall be included in an opaque sealed envelope,marked with the Project title and name and address of the Bidder and accompanied by the Bid Security and other required documents. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s)and submit the complete specifications books or face rejection of the bid as non-responsive. Revised bid forms issued by addenda shall be stapled to the original bid form in the specifications book prior to submission. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time-line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. m' 5. MODIFICATIONS AND WITHDRAWAL OF BIDS. Bids may be modified or withdrawn by an appropriate document duly executed(in the manner that Bid must be executed)and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. Bids may not be withdrawn after opening of Bids for the period set forth in the Notice to Bidders. 6. OPENING OF BIDS. Bids will be opened as indicated in the Invitation for Bids. Bids received after such time will not be considered, and will be returned unopened. 7. BIDS TO REMAIN OPEN. All Bids shall remain open for the period of time set forth in the Invitation for Bids,but Owner may,in his sole discretion,release any Bid and return the Bid Security prior to that date. 8. AWARD OF CONTRACT. 8.1 Owner reserves the right to reject any and all Bids and waive any and all formalities,and the right to disregard all nonconforming or conditional Bids or counter proposals. 8.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements,and alternates and unit prices if requested in the Bid forms. He may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Supplementary Conditions or Specifications. He may conduct such investigations as he deems necessary to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. Owner reserves the right to reject the Bid of any Bidder who does not meet any such evaluation to Owner's satisfaction. 8.3 If a contract is to be awarded, it will awarded to the lowest responsible Bidder whose evaluation by Owner indicates to the Owner that the award will be in the best interests of the Project. 8.4 It is expected that the Owner's evaluation of bids and award of contract will be made as set forth in the Invitation for Bids. The successful bidder will be notified by a Notice of Award which may be a letter or telegram. Time of completion is very important and failure to meet completion schedule will subject the Contractor to liquidated damages as provided in the Supplementary Conditions section of the Contract. 9. EXECUTION OF CONTRACT. 9.1 The accepted Bidder, within ten (10) days after formal notice of award, shall execute the formal Contract Agreement and required Bonds on the forms prepared and submitted by the Owner. special instcuctions.doc A-3 4/28/04 9.2 The Owner will issue a Notice to Proceed authorizing the Contractor to commence work. 10. BID SECURITY. A cashier's check,or an acceptable bidder's bond,payable to the City of Fort Worth,in FR the amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten(10)days after the contract has been awarded. To be an acceptable surety .I on the bond, (1) the name of the surety company shall be included on the current U.S. Treasury list of acceptable sureties,or(2)the surety company must have capital and surplus equal to ten times the limit on the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the U.S.Treasury list or one-tenth(1/10)the total capital and surplus. 11. 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 C3-3.7. 12. WAGE RATES. Not less that 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. 13. 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. 14. BIDDER LICENSE:Prior to the award of contract to an out-of-state bidder,the bidder shall be licensed to do business in the State of Texas. For licensing procedures,contact the Texas Secretary of State Offices (Telephone Number 1-512-463-5555 or 1-900-263-0060) 15. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statues, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a Texas resident bidder by the same amount that a Texas resident would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contract whose ultimate parent company or majority owner has a place of business in the State of Texas. 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. 16. AGE: In accordance with the policy of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officer, 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 basis 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 solicitation to advertisement 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 subcontractors against the City arising out of the Contractor's and/or its subcontractors' alleged failure to comply wit the above referenced Policy concerning age discrimination in the performance of the contract. special instructions.doc A-4 4128/04 7 7 17. DISABILITY: In accordance with provision of the American 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 the Contractor or any of its subcontractors. Contract warrants it will fully comply with ADA's provision and any other applicable Federal,State,and local laws concerning disability and will defend,indemnify and hold harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of the Contractor's and/or its subcontractor's alleged failure to comply with the above referenced Policy concerning disability discrimination in the performance of this contract. 18. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530, 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 Ordnance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM("with Documentation")and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non- responsive. Upon request,Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise(MBE)and/or Women Business Enterprise(WBE)on a 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 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 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. 19. ADDENDA:Bidders wanting further information,interpretation or clarification of the contract documents must make their request in writing to the Fort Worth Water Department Engineering Services,at least 96 hours prior to bid opening. Answers to all such requests will be bound and made a part of the Contract Documents,or should the bidder be in doubt as to their meaning,the bidder should at once notify the fort Worth Water Department Engineering Services, in order that a written addendum may be sent to all bidders. Any addenda issued will be mailed or be delivered to each prospective bidder. The bid proposal as submitted by the bidder must be so constructed as to include any addenda issued by the Fort Worth Water Department, prior to 24 hours of the opening of bids with appropriate recognition of addenda so noted in the bid proposal. 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 Water Department or Design Engineer. 20. PRE-BID CONFERENCE:The pre-bid conference for bidding Contractors will be held by representatives of the Fort Worth Water Department and the Consulting Engineer in the SCADA Conference Room at North Holly Water Treatment Plant, 1501 111'Street, Fort Worth,Texas 76102 on May 12,2004 at 10:00 " p.m. This conference is for the purpose of interpretation for bidding Contractors of Contract Documents, including plans and specifications, for construction of the Project. Only comments addressed in subsequent Addenda will be binding. END OF SECTION special instructions.doc A-5 4/28/04 r r r r r r PART B PROPOSAL MMBE SPECIFICATIONS City of Fort Worth Electrical Reliability Improvement At SCADA Control Center And Lake Country Lift Station Addendum- 1 5-24-2204 Specifications: 1. Section 16220-2.05- L: Replace the paragraph with the following L. The ATS shall be factory pre wired and installed in a Nema-311 enclosure on the outside of the generator enclosure. In addition furnish a sunshield for the transfer switch. Drawings: 1.Drawing E2, revise note#9: Change aluminum conduit to rigid galvanized steel conduit. End of Addendum-1 jv,OF T•_W ro .• •. S e � V.■■■...........:.* K GUPTA ..�_" -----...... ' 5SUy/� . V (� `ss/pNALENG rUK1 WUKIN WHILc utri. rax.oi(-ori-oil o jun iu zuu4 a.uZ r.w ELECTRICAL RELIAB=Y IMPROVEMENT AT SCADA CONTROL CENTER AND LAKE COUNTRY LIFE STATIONS ItemApprox. Unit Description of Item with Unit Unit Price Amount Bid No. Quantity Price Written in Words Bid (Furnish and install, including-all appurtenant work;cotnpletcin place,the following items) EA ' Furnish 20 KW diesel generator, —; ---- -- — -� complete with automatic transfer j i I switch,per contract documents. i Seu ..ttew[ mm A Dollars 17,S 7 S00 r and /1t.ti Cents I R Per Unit 2 ? 1 EA j Furnish 30 KW diesel generator, complete witli automatic transfer switch,per contract documents. i 4g'Tcf4T46e549as Dollars ! $ 11, 7#0 $ and Ila Cents i i - Per Unit_ _ j 33 2 113A. Furnish 50 KW diesel generator, i complete with automatic transfer j i 1 switch,per contract documents. � ? a j �NtNer��rr i fIACSRNO Dollars $ 11�400- - ; $ 3 8,400' r and 1�[e Cents j i _ ! Per Unit 1 4 ! 1 I..S... I SCADA building electrical. + ` ---- reliability improvements. Includes allvAguipment,installatlon,tabor, t I i permits,-etc.to install a complete i +r 1 and functional system. - ; 0 Q p��j ' CNF Hu We as 9 FOOL 1 Mo w�+u o ; $-1- i - , $-1--�-- } Dollars i ? and N 0 Cents i --- ----- ---- Per Unit --- - -- -- --- -- ----- ----- t TOTAL AMOUNT BID $ PROPOSAL(Cont.) ? L i Fort Worth Water DcpG B-2 ¢rdposa! FORT WORTH WATER DEPT. Fax:817-871-8195 Jun 10 2004 8:03 P.04 I J 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% of the Total Amount Bid 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 withir<_the-time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures-that-its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. (Complete A or B below, as applicable:) ---A. The principal place of business of our company is in the Stats of Nonresident bidders in the State of ,our principal place of business, -ar -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. _x B.The principal place of business of our company or our parent company or majority owner is.in_the_State of Texas. Fort Worth water Dept. B-3 i Proposal,'7 `�=-- FORT WORTH WATER DEPT. Fax:817-871-8195 Jun 10 2004 8:03 P.05 The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to substantially complete the contraci within 120 calendar days after beginning construction as set forth in the written work order to be furnished by'the Owner. I(we)acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials)____ Addendum No.3 (Initials) Addendum No.2(Initials) Addendum No.4(Initials) Respectfully submitted, WHECD E(eet•�L���c.. By: 7216 Title ® lye CC idCGk�' Address 1310el :r.utc Fe#tr lyaltTN. TX :rWl p w Telephone: (Seal) Date: 1; Fort Worth Water Dept. B-4 Proposal FORT WORTH City of Fort Worth Disadvantaged Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS P" APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more,the DBE goal is applicable. If the total dollar value of the contract is less than $25,000,the DBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Disadvantage Business Enterprises (DBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of DBE firms to a level comparable to the availability of DBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Disadvantage Business Enterprise Program apply to this bid. DBE PROJECT GOALS The City's DBE goal on this project is 8% of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's DBE program by *r either of the following: 1. Meet or exceed the above stated DBE goal,or; 2. Good Faith Effort documentation,or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order + * for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if received by 5:00 p.m., five (5) City business days after the bid *„ goal is met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is opening date, exclusive of the bid opening date. less than stated goal: 3. Good Faith Effort Form, if no received by 5:00 p.m., five (5) City business days after the bid participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. 5. Joint Venture Form, if goal is met or received by 5:00 p.m., five (5) City business days after the bid exceeded: opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S DBE PROGRAM,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817) 871-6104. 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N N � 0 J • OW ° � a) Q NJ 31 CS) O •y x' W a m LL C F Cl) " ° LLJcr v O a cc :5 a � 13 0) -0 o Z r U v O U Z CC O7 L cn R Q F Q � _ Z UJ O f/) IJ! .+ IY C Va Q m O � - ra) L = 0 CL m Z aoN =mo � ° m H Ci Q H U Q U cu a L m E O m pe ATTACHMENT 1B Page 1 of 1 .. City of Fort Worth Disadvantage Business Enterprise Specifications Prime Contractor Waiver Prime Company Name Project Name Bid Opening Date Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m., five (5) City business days after bid opening, exclusive of.the bid opening date, will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? -Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this M. project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including DBE(s) on this contract, the payment therefore and any proposed changes to the original DBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one(1)year. Authorized Signature Printed Signature Title Contact Name (if different) MW Company Name Phone Number Fax Number 00 Address Email Address City/State/Zip Date �, -- Rev.5/30/03 am ATTACHMENT 1C M. Page 1 of 3 FORT WORTH City of Fort Worth Disadvantage Business Enterprise GOOD FAITH EFFORT Prime Company Name Bid Date Project Name Project Number If you have failed to secure DBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the DBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m.five(5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS) which will be used in the completion of this project, regardless of whether it is to be provided by a DBE or non-DBE. On Combined Projects, list each subcontracting and or supplier opportunity through the 2nd tier. (Use additional sheets, if necessary) List of: Subcontracting Opportunities List of: Supplier Opportunities ATTACHMENT 1C Page 2 of 3 2.) Obtain a current(not more than three (3) months old from the bid open date) list of DBE subcontractors and/or suppliers from the City's M/WBE Office. Yes Date of Listing No 3.) Did you solicit bids from DBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes If yes, attach DBE mail listing to include name of firm and address and a dated No copy of letter mailed. 4.) Did you solicit bids from DBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? –° Yes If yes, attach list to include name of DBE firm, person contacted, No phone number and date and time of contact. NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide DBE name, date, time, fax number and documentation faxed. NOTE: If the list of DBEs for a particular subcontracting/supplier opportunity is ten or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of DBEs for a particular subcontracting/supplier opportunity is ten or more, the bidder must contact at least two-thirds of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential DBEs or information regarding the location of plans and specifications in order to assist the DBEs? Yes —No 6.) Submit documentation if DBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the DBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will,provide for confidential in-camera access to a inspection of any relevant documentation by City personnel. ^� Please use additional sheets, if necessary, and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection ATTACHMENT 1C ADDITIONAL INFORMATION: Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain DBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the DBE(s) listed was/were contacted in good faith. It is understood that any DBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's BE Office. Authorized Signature Printed Signature Title Contact Name and Title(if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date w.. Joint Venture �^ Page 1 of 3 CITY OF FORT WORTH: JOINT VENTURE ELIGIBILITY FORM All questions roust be answered;use"NA"if applicable. Name of City project: A joint venture form must be completed on each project RFP/Bid/Purchasing Number: 1.Joint venture information: Joint Venture Name Joint Venture Address (If applicable) ^*° Telephone: Facsimile: E-mail address: Cellular: �- Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be perforated by each firm comprising the joint venture MM DBE firm Nan-DBE firm name: name: Business Address: Business Address: 4M City,State,Zip: City,State,Zip: Telephone Facsimile E-mail Telephone Facsimile PO Cellular Cellular ME Certification Status: E-mail address Name of Certifying Agency: �- 2.Scope of work performed by the Joint Venture: Describe the scope of work of the DBE: Describe the scope of work of the non-DBE: IMP M MW N" Joint Venture Page 2 of 3 3.What is the percentage of DBE participation on this joint venture that you wish to be counted toward meeting the project goal' MR 4.Attach a copy of the joint venture agreement. 5.List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement) Profit and loss sharing: Capital contributions,including -� equipment: MR Other applicable ownership interests: 6.Identify by name,race,sex and firm those individuals(with titles) who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating MR ---------------------------------------------- b. Marketing and Sales ---------------------------------------------- c. Hiring and Firing of management personnel --------------------------------------------- d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Disadvantage Business Enterprise Office will review your joint venture submission and will have final approval of the DBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants -� must inform the City's DBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's DBE Program. ,� Joint Venture Page 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. t The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits,interviews with owners and examination of the books,records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts.__ _ - -- — ---— - — -------------- --—- — --------------------------------------------- --- --------- Name of DBE firm Name of non-DBE firm Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title p Date Date Notarization State of County of On this day of ,20 , before me appeared and to me personally known and who, being duly sworn,did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. 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W oZ .0U '� 0 ¢ ¢ d � C d H O 0 01U z j t�1 t fn R Q �s Q N = 'N = _ Z w z O O 0 3 •- N c N `;U O r V Q m a) O 7 i *' O Q a a a) cn ., (PM ) Z `h 2 _ R I SON a 0 Q U r a) a) ~ U a) m t R E 0 M m = cc E 0 r r r r r r r r PART C GENERAL CONDITIONS f r r r r r r PART C GENERAL CONDITIONS SECTION C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents, the following terms or pronouns in place are used,the intent and meaning shall be understood and interpreted as follows: Cl-1.2 CONTRACT DOCUMENTS: The Contract Documents are all the written and drawn documents, such as specifications, bonds, addenda, plans,etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. A. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS WHITE PART B - PROPOSAL WHITE PART C - GENERAL CONDITIONS YELLOW PART D - SPECIAL CONDITIONS GREEN PART E - SPECIFICATIONS WHITE PART F - BONDS WHITE - PART G - CONTRACT WHITE B. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS PART B - PROPOSAL PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS(Usually bond separately) C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the Notice to Bidders. Fort Worth Water Department C- 1 General Conditions 4" C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal,which becomes binding upon the Bidder when it is officially received by the Owner,has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, or partnership,company, association, corporation,acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. C1-1.7 SPECIAL CONDITIONS: Special Conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications is that section of part of the Contract Documents which sets forth in detail the requirements which must be met by all materials,construction, workmanship,equipment, and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes,etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and faithful performance of the contract and shall include the following: A. Performance Bond(See paragraph C3-3.7) B. Payment Bond(See-paragraph C3-3.7) C. Maintenance Bond(See paragraph C3-3.7) D. Proposal of Bid Security(See Special Instructions to the Bidders, Part A and C2-2.6) C1-1.10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions made by the Owner's representative showing in detail the location, dimension, and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, Fort Worth Water Department C-2 General Conditions '" working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents, but they are a part of the Contract Documents just as though they were bound therein. C1-1.12 CITY: The City of Fort Worth,Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager,each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by charter vested in the City Manager. Terms City and Owner are synonymous. C1-1.13 CITY COUNCUL: The duly elected and qualified governing body of the City of Fort Worth,Texas. C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro Tem of the City of Fort Worth,Texas. C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth,Texas, or his duly authorized representative. C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed Director of the City Water Department of the City of Fort Worth,Texas, or his duly authorized representative, assistant, or agents. C1-1.18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed official of the City of Fort Worth,Texas,referred to in the Charter as the City Engineer, or his authorized representative. C1-1.19 ENGR MR: The Director of Public Works,the Director of the Fort Worth Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person, persons,partnership,company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials, or only labor,for work at the site of the project. CI-1.21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes herein. Fort Worth Water Depart►nent C-3 General Conditions C1-1.22 THE WORK OR THE PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials,tools, equipment,and incidentals necessary to produce a completed and serviceable project. C1-1.23 WORKING DAY: A working is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7)hours between 7:00 AM and 6:00 PM, with exceptions as permitted in paragraph C7-7.6. C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City Employees as follows: New Year' Day January 1 M.L.King,Jr. Birthday Third Monday in January , Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Thanksgiving Friday Fourth Friday in November Christmas Day December 25 Such other days in lieu of holidays as the City Council may determine When one of the named holidays or a special holiday is declared by the City Council, falls on a Saturday,the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as a holiday. Cl-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: ` AASHTO American Association of State Highway Transportation Officials ASCE American Society of Civil Engineers LAW In Accordance With ASTM American Society of Testing Materials AWWA American Water Works Association ASA American Standards Association HI Hydraulic Institute Asph. Asphalt "*^ Ave. Avenue Blvd: Boulevard CI Cast Iron Fort Worth Water Department C-4 General Conditions """ CL Center Line GI Galvanized Iron Lin. Linear or Lineal MH Manhole Max. Maximum Min. Minimum MGD Million Gallons Per Day CFS Cubic Foot per Second , R Radius I.D. Inside Diameter O.D. Outside Diameter - F Fahrenheit C Centigrade In. Inch Ft. Foot St. Street CY Cubic Yard Yd. Yard SY Square Yard L.F. Linear Foot D.I. Ductile Iron C1-1.27 CHANGE ORDER: A "Change Order" is a written supplement agreement between the Owner and the Contractor covering some added or deducted item or feature *^ which may be found necessary and which was not specifically included in the scope of the project on which the bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All"Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: A. Any type of asphaltic concrete with or without separate base material B. Any type of asphalt surface treatment, not including oiled, surface C. Brick, with or without separate base material D. Concrete, with or without separate base material E. Any combination of the above C1-1.29 UNPAVED STREETS AND ALLEYS: An unpaved street, alley, roadway, or other surface is any area, except those defined above for"Paved Streets and Alleys". C1-1.30 CITY STREETS: A city street is defined as that area between the right of way lines as the street is dedicated. �} "° Fort Worth Water Department C-5 i Ueneral&iodns, C1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2')feet back of the curb lines or four(4') feet back of the average edge of pavement where no curb exists. C1-1.32 GRAVEL STREET: A gravel street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. Fort Worth Water Department C-6 General Conditions " SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record", "Equipment Schedule", and "Financial Statement", all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten(10%) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are being received, and such 40 experience must have been on projects completed not more than five(5) years prior to the date on which bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any For Worth - Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of ^*� comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the Owner supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. °°^� Fort Worth Water Department C-7 General Conditions Bidders are required, prior to filing of proposal,to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, borings, and by such other means as may be necessary to gain a complete knowledge of the conditions which may be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing work or the time required for its completion, and obtain all information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research,tests,explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations,examinations, and tests herein required. Claims for additional compensation due to variations between the conditions encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Barings, if any, showing on the plans are for,general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices,written in ink in both words and numerals, for which he proposes to do the work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between the price written words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual,his or her name must be signed by him(her) or his (her)duly authorized agent. If a proposal is submitted by a firm, association,or m partnership,the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign the proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration or words or figures, additions not called for,conditional or uncalled for alternate bids, incomplete bids,erasures, or irregularities of any kind,or contain unbalanced value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. Fort Worth Water Department C-8 General Conditions '�" ti C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the"Notice to Bidders" and the"Proposals'. The Bid security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the _ contract, the Bidder will, within the required time,execute a formal contract and furnish * the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the"Notice to Bidders". It is the Bidders sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the work"PROPOSAL", and the name or description of the project as designated in the"Notice to Bidders". The envelope shall be addressed to the City Manager, City Hall, Fort Worth,Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening the proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the written signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within the forty-eight(48)hours after the proposal opening time, no further consideration will be given to the proposal. C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no"Non-consideration Request' has been received will be publicly opened and read aloud by the City Manager or his duly authorized representative at the time and place indicated in the"Notice to Bidders". All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as being ,"Irregular" if they show any omissions, alterations of form, additions, or conditions not r* Fort Worth Water Department C-9 General Conditions The award of the contract,if an award is made,will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished by the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to,and file with the Owner in the amounts herein required,the following bonds: A. Performance Bond: A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner .� and all other persons against the damage by reason of negligence of the Contractor,or improper execution of the work or the use of inferior materials. This performance bond shall guarantee the payment for all labor, materials, *� equipment,supplies, and services used in the construction of the work, and shall remain in full force and effect until the provisions as above stipulated are accomplished and final payment is made on the project by the city. B. Maintenance Bond: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise,guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. C. Payment Bond: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract,as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160,Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 5e Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contact being constructed under these specifications. Payment bond shall remain in full force until all payments as above stipulated are made. D. Other Bonds: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. Fort Worth Water Department C- 12 General Conditions No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth,Texas, and which is acceptable to the Owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and the Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10)days after the Owner has by appropriate resolution, or otherwise, awarded the contract,the Contractor shall execute and file with the Owner the Contract and other such bonds as may be required in the Contract Documents. No contract shall be binding upon the Owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. amp C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the award. By reason of the uncertainty of the market prices of material and labor, and it bcing impracticable and difficult to accurately determine the amount of damages occurring to the Owner by reason of said Awardee's failure to execute said bonds and contract within ten(10)days,the proposal security accompanying the proposal shall be the agreed amount of damages which the Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or"Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such _. _. written authorization, commence the physical execution of the contract. Fort Worth Water Department C- 13 Ge*eral Conditions C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime contractor shall be responsible for delivering to the Owner the sub-contractor's certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. A. Compensation Insurance: The Contractor shall maintain, during the life of this contract,Workers Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub- contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers 'Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not �. so protected. B. Comprehensive General Liability Insurance: The Contractor shall procure and shall maintain during the life of this contract Contractor's Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance)in the amount not less than $500,000 covering each �^ occurrence on account of bodily injury, including death, and in an amount not less than$500,000 covering each occurrence on account of property damage with$2,000,000 umbrella policy coverage. C. Additional Liability: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability(covers General Contractor's Liability for acts of sub-contractors.) 2. Blasting, prior to any blasting being done. 3. Collapse of building or structures adjacent to excavation (if excavations are to be performed adjacent to same). 4. Damage to underground utilities for$500,000. 5. Builders risk(where above-ground structures are involved) 6. Contractual Liability(covers all indemnification requirements of Contract). Fort Worth Water Department C- 14 General Conditions " D. Automobile Insurance—Bodily Injury and PropertyDamage: The Contractor shall procure and maintain, during the life of the Contract, Comprehensive Automobile Liability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account on one accident, and automobile property damage insurance in an amount not less than$100,000. E. Scope of Insurance and Special Hazard: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. F. Proof of Carriage of Insurance: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner. All insurance requirements made upon the Contractor shall apply to the sub- contractor, should the Prime Contractor's insurance not cover the sub- contractor's work operations. G. Local Agent for Insurance Bonding: The insurance and bonding companies with whom the Contractor's insurance and performance, payment, maintenance and all such other bonds as written shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth,Tarrant County,Texas. Each such agent shall be a duly qualified one upon whom service of process may be had, and must have the authority and power to act on behalf of the insurance v and/or bonding company to negotiate and settle with the City of Fort Worth,or any other claimant, any claims that the City of Fort Worth or other claimant, or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex,the Fort Worth-Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor, and services when due. C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all persons engaged in work on the project at the site of the project shall be "" Fort Worth Water Department C- 15 General Conditions furnished to the Owner's representative within seven (7)days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posed in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. �. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership,company,firm, association, corporation, or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth—Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise, and as such shall be empowered, thus delegated and directed, , to settle all material, labor, or other expenditures, all claims against the work or any other matter associated with such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth- Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable,by the Contractor's responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed directly by local authority. This same requirement is imposed on insurance surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of the Engineer,the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his discretion, stop all work until a new local authority satisfactory to the Engineer, is assigned. No credit of working time sill be for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action herein under shall be exclusively in Tarrant County,Texas. Fort Worth Water Department C- 16 General Conditions '"" O. ow SECTION C4-4 SCOPE OF WORK C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided in the Contract Documents,shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or.covered by the General or Special Conditions of these Contract Documents be anticipated,or should there be any additional proposed work which is not covered by these Contract Documents, the"Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items or work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other part be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for"Extra Work". No allowance will be made for any changes in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order,the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable t insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. Fort Worth Water Department C- 17 General Conditions C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as"Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that before any extra work is begun a "Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: A. Unit bid price previously approved B. An agreed lump sum C. The actual reasonable cost of(1)labor, (2)rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates; (3) materials entering permanently into the project, and(4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be full and complete compensation, to cover the cost of superintendence, .� overhead, other profit, general and all other expense not included in (1), (2), (3), and(4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to "Extra Work". No"Change Order" shall become effective until it has been approved and signed by each of the contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve "Extra Work"for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such"Extra Work",prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance,the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual and reasonable cost thereof as provided under method (Item Q. Claims for"Extra Work" will not be paid unless the Contractor shall file his claim with the Owner within five (5)before the time for making the first estimate after F such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon said Extra Work. Fort Worth Water Department C- 18 General Conditions The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for"Extra Work" whether or not initiated by a"Change Order" shall be a full,complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or extra work. C44.6 SCHEDULE OF OPERATIONS: Before commencing any work under this Contract, the Contractor shall submit to the Owner and receive the Owner's approval thereof, a"Schedule of Operations"showing by a straight line method the date of commencing and finishing each of the major elements of the Contract. There shall be „ also shown the estimated monthly cost of work for which estimates are to be expected. There shall be presented also a composite graph showing the anticipated progress of construction within the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8 t/z" x 11" sheets and at least five black or blue prints shall b e furnished to the Owner. C44.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITES: Within ten(10)days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work,the date of which he will start the several major activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method(CPM)network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in the contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: ON Fort Worth Water Department C- 19 General Conditions A. Milestone dates and final project completion dates shall be developed to conform to time constraints, sequencing,requirements, and completion time. B. The construction process shall be divided into activities with time durations of approximately fourteen (14)days and construction values not to exceed$50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. .� C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the Contract shall not be accounted for within the duration of each activity. D. One critical path shall be shown on the construction schedule. E. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. F. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum be divided into general categories as , indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen (14)days duration. For each general category, the construction schedule shall be identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and pre-acceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals 2. Submittal review periods 3. Shop fabrication and delivery 4. Erection or installation 5. Transmittal of manufacturer's operation and maintenance manuals 6. Installed equipment and materials testing 7. Owner's operation instruction(if applicable) 8. Operational testing 9. Final inspection Fort Worth Water Department C-20 General Conditions If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in schedule progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or the overtime operations without OW additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds 00 for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. RM MOD Fort Worth Water Department C-21 General Conditions SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work,overall sequence of construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual rights between the Contractor and Owner under the Contract Documents, supervision of „ the work,resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the Contract Documents. He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition of the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor,render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with the lines, grades,cross-sections, finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, ®' figured dimensions shall govern over scaled dimensions,plans shall govern over specifications, special conditions shall govern over general conditions, and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event that the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications,or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. Fort Worth Water Department C-22 General Conditions C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every way possible. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent,English—speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such �.. superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County,Texas and shall be a subject to call, as is the project �. superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar day or on a working day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. Fort Worth Water Department C-23 Gener4 Colitftions i C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed, well heated, air conditioned, lighted and weather-proof, so that documents will not be damaged by the elements. C5-5.7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor will all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines grade, and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. -+ These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for the Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed,disturbed, or removed by the Contractor or any of his employees,the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR: City inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the owl City Inspector as to the material or equipment furnished or the manner of performing the work,the City Inspector will have authority to reject materials or equipment and to suspend work until the question at issue can be referred to and be decided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents,nor to approve or accept any portion or section of the work, not to issue any instructions contxary to the requirements of the Contract Documents. He will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents,provided,however, should the Contractor object to any orders or instructions of the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. Fort Worth Water Department C-24 General Conditions CS-5.9 INSPECTOR: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work,but should the work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent, defective, or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without ., suitable supervision or inspection. C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans,except as herein specifically provided, or any Extra Work done without written authority,will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause the defective work to be remedied or removed and replaced and unauthorized work to be Aw removed, and the cost thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective work or unauthorized work shall not constitute acceptance of such works. P" C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit the Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if the Contractor wishes to furnish or use a proposed substitute, he shall,prior to the preconstruction conference, make written application to Engineer for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of the equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all ' variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of the Engineer who will be the judge of the equality and may require the Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, losses ' Fort Worth Water Department C-25 General Conditions and expenses (including attorney's fees) arising out of the use of substituted materials or equipment. CS-5.12 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are ,k necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of the materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use the materials represented by the samples until the tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored so as to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean, durable surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of,existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines, and service lines for all utilities,etc, is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation, for Extra Work, or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. MW Fort Worth Water Department C-26 General Conditions ow It shall be the Contractors responsibility to verify the locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures, and service lines. Verification of existing utilities, structures, and service lines shall include notification of all existing utility companies at least forty- eight (48)hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: A. Normal Prosecution: In the normal prosecution of work where the ,wo interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department as to location, time,and schedule of service interruption. 2. Notify each customer personally through responsible personnel as to time and schedule of interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's entrance door knob. The tag shall be durable in composition, an in large bold type shall say: NOTICE Due to Utility Improvement in Your neighborhood, your(water) (sewer) service will be interrupted on between the hours of and This inconvenience will be as short As possible. Thank You, Contractor Address Phone Fort Worth Water IDepartm it. C-27 General Conditions MR B. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate. CS-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the Contractor, any other Contractor or any sub-contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub- contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained,the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against such claim. C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the satisfaction of the Engineer. Twenty-four(24) hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25% of such costs, shall be deducted from monies due or to become due to the Contractor. - Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made,the Contractor shall clean and remove from the site of the project all surplus or discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright,clean, polished, and *^ new appearing condition. No extra compensation will be made to the contactor for any clean-up required on the project. C5-5.18 FINAL ACCEPTANCE: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final cleanup performed,the Engineer will notify the proper officials of the Owner and request that the Final inspection be made. Such inspection will be made within ten (10) days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. " Fort Worth Water Department C-28 General Conditions """ SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances, and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law,ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses,pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6.3 PATENTED DEVICES, MATERIALS, AND PROCESSES: If the Contractor is required or desires to use any design, device, material,or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter,or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from the patents, trade-marks, and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such patented design, device, material,or process, or any trade-mark or copyright in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost,expense, or damage which it may be obliged to pay for reason of such infringement at any time during the prosecution of the work, provided,however, that the Owner will assume the responsibility to defend any and all suits brought for infringement of any patent claimed to be infringed upon by the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, " and to hold the Contractor harmless on account of such suits. C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to the cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation or a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work,properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor. All such facilities shall be kept free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. ` Fort Worth Water Department C-29 General Conditions d" C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shall at all times be son conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public,including,but not limited to, safe and convenient ingress and egress to properly contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operation, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel, or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in the .• construction of the work, shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes,police call boxes, water valves, gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to the attention, after twenty-four(24) hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case,the cost of such work done or materials furnished by the Owner,or by the City, shall be deducted from the monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when a street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and, when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back into service. Where the Contractor is required to construct temporary bridges, or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures or such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Whenever any such damage may be done, the Contractor shall immediately satisfy all claims of the property owners, and no payment will be made by MR Fort Worth Water Department C-30 General Conditions WWI PW ,ow the Owner in settlement of the claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVELEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT OF WAY: For performance o f the contract, the Contractor shall be permitted to use and occupy such portions of the public streets and alleys,or other public places or other right- of-ways as provided for in the ordinances of the City, as shown in the Contract ,,. Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railway tracks,the work shall be carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars,etc. Other contractors of the Owner may, for all purposes required by the contract,enter upon the work and premises used by �,.. the Contractor, and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City shall secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to the method of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less than five (5)days prior to the time of his intentions to begin the work on that portion of the project which is related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. Aft C6-6.8 BARRICADES WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place,the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights and danger signals, shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways", low Fort Worth Water Department C-31 General Conditions issued under the authority of the"State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statutes,pertinent sections being Nos. 27, 29, 30, and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction,the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division, to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. It the temporary sign is not installed correctly or if it does not meet the required specifications,the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re-installed, the dw Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible for all damage to the work or the public due to failure of barricades, signs, fences,lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences, and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES DROP WEIGHT ETC.: Should the Contractor elect to use explosives, drop weight,etc.,in the prosecution of the work,the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify dw the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four(24)hours in advance of the use of any activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Construction Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four(24)hours prior to commencing and Fort Worth Water Department C-32 General Conditions shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. All claims arising out of the use of explosives shall be investigated and a written report made by the Contractor's insurers to the Engineer within ten (10)days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The City shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed. Whenever explosives are stored,or kept,they shall be stored in a safe and secure manner and all storage places shall be plainly marked"DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchmen at all times. All vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible,not use heavy traffic routes. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way easement privileges as the City may deem necessary for the prosecution of the work. Any additional rights-of-way - or work area considered necessary by the Contractor shall be provided by him at his own expense. Such additional rights-of-way or work are shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property - unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, shrubbery,plants, lawns, fences, culverts,curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, and to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property along or adjacent to the work. The Contractor shall notify the proper representatives of owners or occupants of public or '® private lands or interest in lands which might be affected by the work. Such notice shall be made at least forty-eight(48)hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other,either as owners or occupants, whose land or interest in land might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission,neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. Fort Worth Water Department C-33 General Conditions When and where any direct or indirect injury is don to public or private property on account of any act, omission, neglect, or misconduct of the execution of the work, or in consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done,by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original condition or a better than original condition upon completion of this project. When wire fencing,either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts provided at the permanent easement limits, before the fence is cut. Temporary fencing shall be erected in place of fencing removed whenever the work is not •�- in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures, and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property to make good such damage or injury, the Owner may, upon forty-eight(48) hours written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition ' results,proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due or to become due to the Contractor under this Contract. C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that the Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor shall have exclusive control of and the exclusive right to control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees,contractors, subcontractors, licensees, and invitees. The doctrine of respondent superior shall not apply as between the Owner and Contractor, its officers, agents,employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between the Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBE ITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatever kind or character, whether real or asserted, arising out of Fort Worth Water Department C-34 General Conditions ' ' or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees,WHETHER OR NOT CAUSED, IN WHOLE OR IN PART BY THE ALLEGED NEGLIGENCE OF ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LISCENSEES, AND INVITEES OF THE CITY; and said Contractor does hereby covenant and agree to assume all liability and responsibility of City,its officers, agents, servants and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons,of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees and invitees, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES AND INVITEES OF THE CITY. Contractor likewise covenants and agrees to, and does hereby indemnify and hold harmless the City from and against any and all injuries, damage, loss or destruction to property of the City during the performance of any of the terms and conditions of the Contract,WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART, ANY n AND ALL ALLEGED ACTS OR OMISSIONS OF THE OFFICERS, AGENTS, SERVANTS,EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF THE OWNER. In the event a written claim for damages against the contractor or subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended to the Director of the Water Department for a period of thirty(30) days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claims concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in the amount equal to the dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of performance of such work, and such semi-final payment may be recommended by the Director. The Director shall not recommend final payment to a Contractor against wham such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in Writing satisfactory to the Director that: A. The claim has been settled and a release has been obtained from the claimant involved, or �' Fort Worth Water Department C-35 G:nee.fl conditions B. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition (A) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (B) above is met at any time within the six month period, the Director may recommend that final payment to the Contractor be made. At the expiration of the six month period, the Director may recommend that final payment be made if all other work has been performed and all other obligations to the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. •.� C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation for any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the month succeeding that in which any such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading,and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required,the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES: In case it is necessary to change,move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service Fort Worth Water Department C-36 General Conditions and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all existing fire hydrants and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be at the regularly established rates. When meters are not used,the charges, if any, will be as prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever,in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written order of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver or any of the provisions or these Contract Documents. All necessary repairs and removals of any section of the work so put into use,due to defective materials or workmanship,equipment,or to deficient operations on the part of the Contractor, shall be performed by the Contractor at his own expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution or non-execution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damages to any portion of the work occasioned by any of the hereinabove causes. C6-6.14 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall _ not be held to be a waiver of any other or subsequent breach. Fort Worth Water Department C-37 General Conditions Mft 1W The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract o"" Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power or authority granted thereunder,there shall be no liability upon the authorized representatives of the Owner, _ either personally or otherwise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (IT) of the Texas Limited Sales,excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with the State Comptroller's Ruling .007. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to and shall comply with the provisions of State Comptroller's Ruling .011, and any other applicable State Comptroller rulings pertaining to the Texas Limited Sales,Excise, and Use Tax Act. JW On a contract awarded by a developer for the construction of a publicly-owned improvement in a street right of way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20.04(I)of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. Limited Sale,Excise, and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Division Austin,Texas Fort Worth Water Department C-38 General Conditions """ SECTION C7-7 PROSECUTION AND PROGRESS C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with assistance of workman under his immediate superintendence, work of a value of not less than fifty (50)percent of the value embraced in the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees and workmen of the Contractor and shall be subject to the same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation,be represented either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet,convey, or otherwise dispose of the contract or his rights,title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in the Sureties. If the Contractor does, without such previous consent, assign,transfer, sublet,convey, or otherwise dispose of the contract or his right,title, or interest therein or any part thereof, to any person or persons, partnership,company, firm, or corporation, or does by bankruptcy, voluntary or involuntary,or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the damages. C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operation, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step manner of prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall also be submitted a table of estimated amounts to be earned by the Contractor during each monthly pay estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any deviation from such sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Fort Worth Water Department C-39 General Conditions MW M" Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the Contract. ow The contract time may be changed only as set forth in Section C7-7.8 "Extension of Time of Completion"of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIlVIITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public right of way greater than is necessary for the proper execution of the work,the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on the additional section or street. C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor if available. The Contractor may bring in from outside the City of Fort Worth his key man and his superintendent. All other workmen,including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, - and fully qualified to perform the duties or tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct �^ himself or be found to be incompetent,disrespectful,intemperate,dishonest, or otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the Owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment,tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use. C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of work completed as defined in C1-1.23 "WORKING DAY"or the date stipulated in the"WORK ORDER" for beginning work,whichever comes first. Fort Worth Water Department C-40 General Conditions Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday, or Legal Holidays, providing that the following requirements are met: A. A request to work on a specific Saturday, Sunday, or Legal Holiday must be made to the Engineer no later than the preceding Thursday. B. Any work to be done on the project on such a specific Saturday, Sunday, or Legal Holiday must be, in the opinion of the Engineer,essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday,or Legal Holiday, and no extra compensation will be allowed to the Contractor for any work performed on such specific Saturday, Sunday, or Legal Holiday. Calendar Days shall be defined in C1-1.24 and the Contractor may work as he so desires. C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized by the Owner. �- C7-7.8 EXTENSION OF TME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of time of completion be requested such request will be forwarded to the City Council for approval. In adjusting the contract time or completion of the work, consideration will be given to unforeseeable causes beyond the control of an without the fault of negligence of the Contractor, including but not limited to acts of the public enemy, acts of the Owner, fire, flood,tornadoes,epidemics,quarantine restrictions, strikes, freight embargoes, or delays of sub-contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery "' Fort Worth Water Department C-41 General Conditions on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents,then the contract time may be increased by Change Order. C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by .� specific orders given by the Engineer to stop work, or by the performance of extra work, or by the failure of the City to provide materials or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, -� his application for which shall, however,be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the Contract Documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or the increased time granted by the Owner,or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the Contractor,not as a penalty, but as liquidated damages suffered by the Owner. Fort Worth Water Department C-42 General Conditions AMOUNT OF CONTRACT Less than $5,000 inclusive$35.00 $5,001 to $15,000 inclusive$45.00 $15,001 to $25,000 inclusive$63.00 $25,001 to $50,000 inclusive$105.00 $50,001 to 100,000 inclusive$154.00 $100,001 to $500,000 inclusive $210.00 $500,001 to $1,000,000 inclusive $315.00 $1,000,001 to $2,000,000 inclusive $420.00 $2,000,000 and over $630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult of accurate estimation, and that the"Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast - of just compensation due the City for harm caused by any delay. C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the city in the event the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period,the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor, as set forth in Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job.aad. returning the necessary equipment to the job when it is determined by the Engi je Mt Fort Worth Water Department C-43al Conditions construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor,.materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months,the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the Owner finds such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract,then if the Owner cannot after reasonable effort, assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty days, the Contractor may request the Owner to terminate the contract and the Owner shall comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which • shall include,but not be limited to, the payment for all work executed, but no anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: The work operations on all or any portion or section of the work under contract shall be suspended immediately upon written order of the Engineer or the contract may be declared cancelled by the City Council for any good and sufficient cause. The following,by way of example,but not of limitation, may be considered grounds for suspension or cancellation: A. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. TM B. Substantial evidence that the progress of the work operations by the Contractor is insufficient to complete the work within the specified time. C. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. D. Substantial evidence that the Contractor has abandoned the work. E. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry out the work satisfactorily. Fort Worth Water Department C-44 General Conditions �` F. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. G. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. H. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. I. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. J. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. K. If the Contractor commences legal action against the Owner. A copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is cancelled, the Contractor shall discontinue the work or such part thereof as the Owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with the written consent of the Owner, sublet the work or w that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and the Sureties or their authorized agents. The Sureties, in such event shall assume the contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contact Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all terms of the Contract Documents. In case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered by the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of an use any materials, plants,tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor, and property for the completion of the work, and to charge to the account of the Con"ptprDf Fort Worth Water Department G 45 Genera Conditions said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the Owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract,but the expense to be deducted shall be the actual cost of the owner of such work. In case such expenses shall exceed the amount which would have been payable under the a Contract if the same had been completed by the Contractor, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents in such a manner as to not hinder or interfere with performance of the work by the Owner. . , C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed,the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF TIE OWNER: A. Notice of Termination: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be effected by mailing a notice of termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon " which such termination is to become effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the Owner regarding such discretionary action. B. Contractor Action: After receipt of a notice of termination, and except as otherwise directed by the Engineer,the Contractor shall: �. 1. Stop work under the contract on the date and to the extent specified in the notice of termination. 2. Place no further orders or subcontracts for materials, services, or T facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated. Fort Worth water Department C-46 General Conditions 3. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination. 4. Transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer. a. The fabricated or un-fabricated part, work in process, completed work, supplies, and other material produced as part of, or acquired in connection with, the performance of the work terminated by the notice of termination. b. The completed, or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished by the Owner. 5. Complete performance of such part of the work as shall not have been terminated by the notice of termination. 6. Take such action as may be necessary, or as the Engineer may direct, for the protection and preservation.of the property related to its contract which is in the possession of the Contractor and in which the Owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list,certified as to the quantity and quality of any or all items of termination inventory not previously disposed of,exclusive of items the disposition of which has been directed or authorized by the Engineer. Not later than 15 days thereafter, the Owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list, as submitted, shall be made prior to final settlement. C. Termination Claim: Within 60 days after notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60 day period or authorized extension thereof, any an all such claims shall be conclusively deemed waived. D. Amounts: Subject to the provision if Item C7-7.16, the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total.or partial termination of work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise made and as °"" Fort Worth Water Department C-47 Getlerat Coaditions further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits. Nothing in C7-7.16 hereafter, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict, or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. Failure to Agee: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16(D) upon the whole amount to be paid to the Contractor by reason of the termination of work on the basis of information ., available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. Deductions: In arriving at the amount due the contractor(under this section,there shall be deducted(a)all un-liquidated advance or other payments on *� account theretofore made to the Contractor, applicable to the terminated portion of this contract; (b) an y claim which the Owner may have against the Contractor in connection with this contract; and(c) the agreed price for, or the proceeds of sale of, any materials, supplies,or other things.kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. Adiustment: If the termination hereunder be partial, prior to the settlement of the terminated portion of the,contract, the Contractor may file with the Engineer a request in writing for an equitable adjustment of the price or price specified in the contract relating to the continued portion of the contract(the portion not terminated by the notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices;nothing contained herein, however, shall limit the right of the Owner an d the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the " continued portion of the contract when said contract does not contain an established contract price for such continued portion. H. No Limitation of Rights: Nothing contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled"Suspension of Abandonment of the Work and Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. Fort Worth Water Department C-48 General Conditions OM The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury,including death, or damage in connection with the work. Fort Worth Water Department C-49 General Conditions AW SECTION C8-8 MEASURMENT AND PAYMENT C8-8.1 MEASURMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, . . based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items installed. C8-8.2 UNIT PRICES: When in the Proposal a"Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor,tools, materials, machinery,equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, -R surface, and underground structures, cleanup,finished, overhead expense, bond, insurance, patent fees,royalties, risk due to the elements and other causes, delays, profits, injuries, damage claims,taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place an in a satisfactory condition of operation. C8-8.3 LUMP SUM: When in the Proposal a"Lump Sum" is set forth, the said"Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery,equipment, appurtenances, and all subsidiary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor,tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or form the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in Paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements or patents, trademarks, copyrights,or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair,correct, renew,or replace at his own and proper expense, any defects Fort Worth Water Department C-50 General Conditions or imperfections in the construction or in the strength or quality of the material used or equipment and machinery furnished in or about the construction of the work under �. contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfection, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the one year guarantee period after final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided . herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the 1St and 5th day or each month the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 10th day of the month the Engineer shall verify such estimate, and if it is found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars in amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000,or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000 or greater within twenty-five(25)days after the regular estimate period. The City will have the option of preparing estimated on form furnished by the City. The partial estimate may include acceptable nonperishable materials delivered to the work, which are to be incorporated into the work as a permanent part thereof, but which at the time of the estimate have not been installed.(such payment will .. be allowed on a basis of 85%of the net invoice value thereof) The Contractor shall furnish the Engineer such information as he may request to aid him as a guide in the verification or the preparation of partial estimates. It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimates rendered following the discovery of an error in any previous estimate, and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the Contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable °"' Fort Worth Water Department C-51 General Condfdons time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment thereof as outlined in C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed .� and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements,computations,and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. The amount of the final estimate, less previous payments and any sum that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after final acceptance by the Owner on a proper resolution of the City Council,provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: prior submission of the final estimate for payment,the Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations,corporations,or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of said City relating to or connected with the Contract. The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents,the safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents,all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. Fort Worth Water Department C-52 General Conditions C8-8.10 GENERAL GUARANTEE: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guarantee as above outlined. The Owner will give notice of observed defects with reasonable promptness. �. C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents, or the Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work,the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation, and clean-up are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer,depending on field conditions. Payment for miscellaneous placement of *� material will be made for only that amount of material used, measured to the nearest one- tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings, and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be delivered to the Engineer upon completion of the work. Fort Worth Water Department C-53 General Conditions THIS PAGE LEFT BLANK INTENTIONALLY pip PART Cl SUPPLEMENTARY CONDITIONS TO PART C - GENERAL CONDITIONS PART C1 SUPPLEMENTARY CONDITIONS TO PART C- GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should 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 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice 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 per cent (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. F 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. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not 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. C. Part C - General Conditions: Paragraph C3-3.11 of the General Conditions is deleted and replaced with D-3 of Part D - Special Conditions. D. C3-3.11 INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" 7r, �P �� o 1. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. H. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8-8(1) is deleted in its entirety and replaced with the following: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. I. C8-8.10 GENERAL GUARANTY: Delete C8-8.10, General Guaranty at page C8-8(4)is deleted in its entirety and replaced with the following: Neither the final certificate of payment nor any provision in the Contract Documents,nor partial , or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The , Contractor shall remedy any defects or damages in the work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two(2)years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract C 1-4 OM which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specifications, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. J. Part C - General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL,Page C2-2 (4)exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027,Fort Worth,Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time,no further consideration will be given to the proposal K. C3-3.7 BONDS (CITY LET PROJECTS): Reference Part C, General Conditions, dated November 1, 1987; (City let protects) make the following revisions: 101 c 1.-S 00 r 1.Page C3-3(3); the paragraph after paragraph C3-3.7d Other Bonds should be revised to read: In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein.. 2. Pg. C3-3(5)Paragraph C3-3.11 INSURANCE delete subparagraph "a. COMPENSATION INSURANCE". 3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING". L. RIGHT TO AUDIT: Part C - General Conditions, Section C8-8 MEASUREMENT AND PAYMENT,Page C8-8 (5), add the following: i C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) r years 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: C1-6 l! 1. 50 copies and under- 10 centsP er page P 2,More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter. M. SITE PREPARATION: The Contractor shall clear rights-of-way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work .within easements,page C6-6(4),part C - General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be considered to be included in the Linear Foot price of the pipe. N. 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 all such other precautionary measures to take all reasonable necessary measures. O. MINORITY/WOMEN BUSINESS ENTERPRISE COMPLIANCE: 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 regarding actual work performed by a Minority Business Enterprise (MBE) and/or. a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract wand/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of . time of not less than thee (3) years. C 1-7 P. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a)The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. (b)The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker MR employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Section C-1,L. Right to Audit (Rev. 9/30/02) pertain to this inspection. (c)The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and(b) above. (d)With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. , The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. - C 1-8 rk PART D SPECIAL CONDITIONS allr PART D - SPECIAL CONDITIONS Part D — Special Conditions is complimentary to Part C — General Conditions and Part C1 — Supplementary Conditions to Part C of the Contract. Anything contained in this Part D that is additive to any provision in Part C — General Conditions and part C1 — Supplementary Conditions it to Part C of the Contract are to be read together. Any conflict between Part C — General Conditions and Part C1 — Supplementary Conditions of the Contract and this Part D, Part D shall control. FOR: ELECTRICAL RELIABILITY IMPROVEMENT AT SCADA CONTROL CENTER AND LAKE COUNTRY LIFT STATIONS WATER DEPARTMENT PROJECT NO. P174-070174028001 D-1 GENERAL 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. Special Conditions 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. The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project by the City of Fort Worth and will be required to replace at his expense any part or all of this project which becomes defective due to these causes. Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and General Specifications, with latest revisions, are made a part of the General Contract Documents for this project. The Pians, these Special Contract Documents and the rules, regulations, requirements, instructions, drawings or details referred to by manufacturers name, or identification include 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. Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre- qualified with the Water Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications, which general specifications shall govern performance of all such work. This contract and project, where applicable, may also be governed by the two following published " specifications, except as modified by these Special Provisions: 1. STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION - CITY OF FORT WORTH 2. STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - NORTH CENTRALTEXAS D-1 PART D - SPECIAL CONDITIONS Any conflict between these contract documents and the above 2 publications shall be resolved in favor of these contract documents. A copy of either of these specifications may be purchased at the office of the Transportation and Public Works Director, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated by the call-out for the pay item by the designer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non-responsive" and rejecting bids or voiding contract as appropriate as determined by the City Engineer. INTERPRETATION AND PREPARATION OF PROPOSAL: , A. DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time set forth in the "Notice to Bidders". It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL", and the name or description of the project as designated in the "Notice to Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box 17027, Fort Worth, Texas 76102. " B. WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a .. proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non- consideration are opened and publicly read aloud, the proposals for which non-consideration . requests have been properly filed may, at the option of the Owner, be returned unopened. C. TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. D-2 COORDINATION MEETING For coordination purposes, weekly meetings at the job site may be required to maintain the project on the desired schedule. The contractor shall be present at all meetings- D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A. Definitions: D-2 PART D - SPECIAL CONDITIONS 1. Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the 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. 2. 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 governmental entity. 3. Persons providing services on the project ("subcontractor" in §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 materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been 1 extended. E. The Contractor shall obtain from each person providing services on a project, and provide the governmental entity: 1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known„ of any change D-3 go PART D - SPECIAL CONDITIONS that materially affects the provision of coverage of any person providing services on the Mh project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. Provide the 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; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a.) A certificate of coverage, prior to the other person beginning work on the project; and b.) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6. Notify the governmental entity 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 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 8. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity 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 commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. ' D-4 PM Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday, or Legal Holidays, providing that the following requirements are met: A. A request to work on a specific Saturday, Sunday, or Legal Holiday must be made to the Engineer no later than the preceding Thursday. B. Any work to be done on the project on such a specific Saturday, Sunday, or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday, or Legal Holiday, and no extra compensation will be �. allowed to the Contractor for any work performed on such specific Saturday, Sunday, or Legal Holiday. Calendar Days shall be defined in C1-1.24 and the Contractor may work as he so desires. C7-7.7 TME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized by the Owner. .� C7-7.8 EXTENSION OF TPAE COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of time of completion be requested such request will be forwarded to the City Council for approval!. In adjusting the contract time or completion of the work,consideration will be given to unforeseeable causes beyond the control of an without the fault of negligence of the Contractor, including but not limited to acts of the public enemy, acts of the Owner, fire, flood,tornadoes,epidemics,quarantine restrictions, strikes, freight embargoes, or delays of sub-contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery Fort Worth Water Department C-41 General Cond ticns AR NR on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. OR If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work,except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineer to stop work, or by the performance of extra work, or by the failure of the City to provide materials or necessary instructions for carrying on the work,then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the Contract Documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or the increased time granted by the Owner, or as automatically ' increased by additional work or materials ordered after the contract is signed,the sum per day given in the following schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. Fort Worth Water Department C-42 General Conditions OR F" AMOUNT OF CONTRACT Less than $5,000 inclusive $35.00 $5,001 to $15,000 inclusive$45.00 $15,001 to $25,000 inclusive$63.00 $25,001 to $50,000 inclusive$105.00 $50,001 to 100,000 inclusive$154.00 $100,001 to $500,000 inclusive$210.00 $500,001 to $1,000,000 inclusive $315.00 $1,000,001 to $2,000,000 inclusive$420.00 $2,000,000 and over $630.00 The parties hereto understand and agree that any harm to the City caused by the �. Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult of accurate estimation, and that the"Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast • of just compensation due the City for harm caused by any delay. C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the city in the event the work is suspended by a Court Order. Neither will the Owner be �- liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions ' which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period,the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor, as set forth in Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engi neei,tat °� Fort Worth Water Department C-43 Crellel•al C'ondidow? construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor,,materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months,the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations,the Owner finds such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract,then if the Owner cannot after reasonable effort, assist the Contractor in procuring and making available the necessary labor,materials, and equipment within thirty days, the Contractor may request the Owner to terminate the contract and the •� Owner shall comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include, but not be limited to, the payment for all work executed, but no anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT: The work operations on all or any portion or section of the work under contract shall be suspended immediately upon written order of the Engineer or the contract may be declared cancelled by the City Council for any good and sufficient cause. The following,by way of example,but not of limitation, may be considered grounds for suspension or cancellation: A. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. B. Substantial evidence that the progress of the work operations by the Contractor is insufficient to complete the work within the specified time. C. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. D. Substantial evidence that the Contractor has abandoned the work. E. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry out the work satisfactorily. Fort Worth Water Department C-44 General Conditions M' PE F. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. G. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. H. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. I. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. J. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. K. If the Contractor commences legal action against the Owner. A copy of the suspension order or action of the City Counci I shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is cancelled, the Contractor shall discontinue the work or such part thereof as the Owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with the written consent of the Owner, sublet the work or w that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and the Sureties or their authorized agents. The Sureties, in such event shall assume the contractor's place in all respects,and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contact Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all terms of the Contract Documents. In case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered by the Contractor to discontinue, then the Owner shall have the power to �. complete,by contract or otherwise, as it may determine,the work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of an use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor.for the purpose of carrying on the work and to procure other tools,equipment, materials, labor, and property for the completion of the work, and to charge to the account of the Contractor- f Fort Worth Water Department C-45 Genero Conditions said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the Owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work. In case such expenses shall exceed the amount which would have been payable under the . Contract if the same had been completed by the Contractor,then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by » contract or otherwise under the provisions of this section,the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents in such a manner as to not hinder or interfere with performance of the work by the Owner. „• C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all , sections or parts of the project covered by the Contract Documents have been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: A. Notice of Termination: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be effected by mailing a notice of termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination is to become effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim,demand or suit shall be required of the Owner regarding such discretionary action. B. Contractor Action: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination. 2. Place no further orders or subcontracts for materials, services, or , facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated. Fort Worth Water Department C-46 General Conditions 3. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination. 4. Transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer. a. The fabricated or un-fabricated part, work in process, completed work, supplies, and other material produced as part of, or acquired in connection with, the performance of the work terminated by the notice of termination. b. The completed, or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished by the Owner. 5. Complete performance of such part of the work as shall not have . been terminated by the notice of termination. 6. Take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the Owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to the quantity and quality of any or all items of termination inventory not previously disposed of,exclusive of items the disposition of which has been directed or authorized by the Engineer. Not later than 15 days thereafter, the Owner shall �. accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list, as submitted, shall be made prior to final settlement. C. Termination Claim: Within 60 days after notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60 day period or authorized extension thereof, any an all such claims shall be conclusively deemed waived. D. Amounts: Subject to the provision if Item C7-7.16, the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total.or partial termination of work pursuant hereto; provided,that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise made and as `"� Fort Worth Water Department C-47 General:Cotditions further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits. Nothing in C7-7.16 hereafter, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict, or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. Failure to Agree: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16(D) upon the whole amount to be paid to the Contractor by reason of the termination of work on the basis of information - available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. Deductions: In arriving at the amount due the contractor(under this section,there shall be deducted(a) all un-liquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (b) an y claim which the Owner may have against the Contractor in connection with this contract; and(c) the agreed price for, or the proceeds of . sale of, any materials, supplies,or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. Adjustment: If the termination hereunder be partial,prior to the settlement of the terminated portion of the contract, the Contractor may file with the Engineer a request in writing for an equitable adjustment of the price or price specified in the contract relating to the continued portion of the contract(the portion not terminated by the notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices;nothing contained herein, however, shall limit the right of the Owner an d the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. H. No Limitation of Rights: Nothing contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled"Suspension of Abandonment of the Work and Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. C7--7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. Fort Worth Water Department C-48 General Conditions No The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. Fort Worth Water Department C-49 General Conditions SECTION C8-8 MEASURMENT AND PAYMENT C8-8.1 MEASURMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items ; installed. C8-8.2 UNIT PRICES: When in the Proposal a"Unit Price" is set forth,the said"Unit •• Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery,equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The"Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures,cleanup,finished,overhead expense,bond, insurance, patent fees,royalties,risk due to the elements and other causes, delays, profits, injuries, damage claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place an in a satisfactory condition of operation. C8-8.3 LUMP SUM: When in the Proposal a"Lump Sum" is set forth,the said"Lump Sum" shall represent the total cost for the Contractor to furnish all labor,tools, materials, machinery,equipment, appurtenances, and all subsidiary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents,for all loss and damage arising out of the nature of the work or form the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in Paragraph C5-5.14)for all risks of whatever description connected with the prosecution of the work, for all expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified,or any and all infringements or patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew,or replace at his own and proper expense, any defects Fort Worth Water Department C-50 General Conditions or imperfections in the construction or in the strength or quality of the material used or equipment and machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfection,or damage shall have been discovered on or before the final inspection and acceptance of the work or during the one year guarantee period after final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the 0 and 5th day or each month the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 10th day of the month the Engineer shall verify .. such estimate, and if it is found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars in amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000 or greater within twenty-five (25)days after the regular estimate period. The City will have the option of preparing estimated on form furnished by the City. The partial estimate may include acceptable nonperishable materials delivered to the work, which are to be incorporated into the work as a permanent part thereof, but which at the time of the estimate have not been installed.(such payment will be allowed on a basis of 85% of the net invoice value thereof) The Contractor shall furnish the Engineer such information as he may request to aid him as a guide in the verification or the preparation of partial estimates. It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimates rendered following the discovery of an error in any previous estimate, and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the Contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable °' Fort Worth Water Department C-51 General Conditions 4" MW time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract i, Documents and all approved modifications thereof,the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment thereof as outlined in C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed dW and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements,computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. The amount of the final estimate, less previous payments and any sum that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after final acceptance by the Owner on a proper resolution of the City Council,provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: prior submission of the final estimate for payment, the - Contractor shall execute an affidavit, as furnished by the City, certifying that all persons, firms, associations,corporations,or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of .� Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of said City relating to or connected with the Contract. The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is,therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project,provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. Fort Worth Water Department C-52 General Conditions on C8-8.10 GENERAL GUARANTEE: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract sw which shall assure the performance of the general guarantee as above outlined. The Owner will give notice of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents, or the Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work,the cost of which shall be included in the price bid in the Proposal,for each bid item. Surface restoration, rock excavation, and clean-up are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of ,,. material will be made for only that amount of material used, measured to the nearest one- tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications,shop drawings, and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be delivered to the Engineer upon completion of the work. Fort Worth Water Department C-53 General Conditions THIS PAGE LEFT BLANK INTENTIONALLY r PART Cl - SUPPLEMENTARY CONDITIONS TO PART C - GENERAL CONDITIONS r PART C1 SUPPLEMENTARY CONDITIONS TO PART C - GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should 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 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice 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 per cent(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. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not 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. C. Part C - General Conditions: Paragraph C3-3.11 of the General Conditions is deleted and replaced with D-3 of Part D - Special Conditions. D. C3-3.11 INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" HIC L PRO � c5.® .R E. C6-6.12 CONTRACTOR'S RESPONSIBLTTY FOR DAMAGE CLAIMS: Page C6-6 (8), is deleted in its entirety and replaced with the following: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. F. INCREASED OR DECREASED QUANTITIES: Part C - General Conditions, Section C4-4 SCOPE OF WORK, Page C 4-4 (1),revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will be made for any changes in lost or anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not to the various depth categories. C 1-2 G. C3-3.11 INSURANCE: Page C3-3 (7): Add subparagraph "h. ADDITIONAL INSURANCE REQUIREMENTS" a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits or self-funded retention limits on each policy must not exceed > P Y $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. L City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. C l-3 1. Contractor's liability shall not be limited to the specified amounts of insurance required herein. in. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. H. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8-8(1) is deleted in its entirety and replaced with the following: + The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of . patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. I. C8-8.10 GENERAL GUARANTY: Delete C8-8.10,General Guaranty at page C8-8(4)is deleted in its entirety and replaced with the following: Neither the final certificate of payment nor any provision in the Contract Documents,nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract C 1-4 PART D - SPECIAL CONDITIONS 9. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. J. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' 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- 4 COORDINATION WITH FORT WORTH WATER DEPARTMENT During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. 00 D- 5 EXISTING UTILITIES AND IMPROVEMENTS The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property 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 are deemed subsidiary work and the cost of same and shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. D-5 e PART D - SPECIAL, CONDITIONS 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 of any conflicts in grades and alignment. Any and all permanent structures such as parking lot surface, fencing, and like structures on either public or private property shall be replaced at no cost to the City by material of equal value and quality as that damaged. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of this contract. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City of the Engineer to be accurate as to extent, location, and depth; they are shown on the plans as the best information available at the time of design, from the owners of the utilities involved and from evidences found on the ground. D- 6 EXAMINATION OF SITE It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions, which may affect construction of this project. Particular attention should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during the preparation of the Proposal and all unusual conditions, which may give, rise to later contingencies should be brought to the attention of the Owner prior to the submission of the Proposal. D- 7 WASTE MATERIAL All waste material shall become the property of the Contractor and shall be disposed of by the , Contractor at locations approved by the Engineer. All material shall be disposed of in such a manner as to present a neat appearance and to not obstruct proper drainage or to cause injury to street improvements or to abutting property. D- 8 CONSTRUCTION SCHEDULE AND SEQUENCING OF WORK Prior to executing the Contract, it shall be the responsibility of the Contractor to furnish a , . schedule outlining the anticipated time for each phase of construction with starting and completion dates, including sufficient time being allowed for cleanup. D- 9 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES The following procedures will be followed regarding the subject item on this contract: 1. A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. D-6 PART D - SPECIAL CONDITIONS The warning sign shall read as follows: "WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." 2. Equipment that may be operated within ten feet of high voltage lines shall have insulating cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links on the lift hook connections. 3. When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (ONCORE) who will erect temporary mechanical barriers, de- energize the lines, or raise or lower the lines. The work done by the power company shall not be at the expense of the City of Fort Worth. The notifying department shall maintain an accurate log of all such calls to ONCORE, and shall record action taken in each case. 4. The Contractor is required to make arrangements with the ONCORE company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. 5. No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (3). D- 10 BID QUANTITIES Bid quantities of the various items in the proposal are for comparison only and may not reflect the actual quantities. There is no limit to which a bid item can be increased or decreased. Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities. To the extent that C4-4.3 conflicts with this provision, this provision controls. No claim will be considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities. D- 11 CUTTING OF CONCRETE When existing concrete is cut, such cuts shall be made with a concrete saw. All sawing shall be subsidiary to the unit cost of the respective item. D- 12 SUBSTITUTIONS The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has Jr been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of ` quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's u approval thereof must be obtained before the Contractor procures the proposed substitute. Where the term "or equal', or "or approved equal' is not used in the specifications, this does not rnecessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related to"substitutions" shall be applicable to all sections of these specifications. D-7 Q PART D - SPECIAL CONDITIONS D- 13 SUBSTANTIAL COMPLETION INSPECTION/FINAL INSPECTION 6. Prior to the final inspection being conducted for the project, the contractor shall contact the city inspector in writing when the entire project or a designated portion of the project is substantially complete. 7. The inspector along with appropriate City staff and the City's consultant shall make an inspection of the substantially completed work and prepare and submit to the contractor a list of items needing to be completed or corrected. 8. The contractor shall take immediate steps to rectify the listed deficiencies and notify the owner in writing when all the items have been completed or corrected. 9. Payment for substantial completion inspection as well as final inspection shall be subsidiary to the project price. Contractor shall still be required to address all other deficiencies, which are discovered at the time of final inspection. 10. Final inspection shall be in conformance with general condition item "C5-5.18 Final Inspection" of PART C - GENERAL CONDITIONS. D- 14 WAGE RATES The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any Subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates of wages be paid. (Attached) D-15 ADDITIONAL SUBMITTALS FOR CONTRACT AWARD The City reserves the right to require any pre-qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City, in sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information if requested may be grounds for rejecting the apparent low bidder as non-responsive. Affected contractors will be notified in writing of a recommendation to the City Council. D-16 UNDERWRITER'S LABORATORIES LABELING All electrical materials and equipment to be installed as part of this project shall bear the label of Underwriters' Laboratories, Inc. (UL) or other testing laboratory approved by the City of Fort Worth Electrical Inspection Section. Such labeling shall include electrical equipment provided as part of a mechanical equipment package, such as pumps, generators, etc. The label shall be provided prior to the equipment being shipped to the project site. D-8 PART D - SPECIAL, CONDITIONS D-17 SUBSTITUTIONS The specifications for materials set out the minimum standard of quality, which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material, which has been specified. Where the term "or equal', or"or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the Contractor procures the proposed substitute. Where the term "or equal", or"or approved equal' is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related to "substitutions" shall be applicable to all sections of these specifications. D-18 SUBSIDIARY WORK Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bed has been provided for in the proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal for each bid item. Surface restoration and cleanup are general items of work, which fall in the category of subsidiary work. D-19 RIGHT OF ACCESS Representatives of the Texas Commission on Environmentai Quality (TCEQ), Occupational Safety and Health Administration (OSHA), and City Code Inspectors shall have access to the project wherever and whenever it is in preparation or progress, and the Contractor shall provide proper facilities for such access. D-20 OSHA STANDARDS All work performed under this contract shall meet the requirements of the Occupational Safety and Health Administration (OSHA). It is the responsibility of the Contractor to become familiar with the provisions of regulations published by the OSHA in the Federal Register and to perform all the responsibilities thereunder. It is the Contractor's responsibility to see that the project is constructed in accordance with OSHA regulations and to indemnify and save harmless the City from any penalties resulting from the Contractor's failure to so perform. u D-21 TIME OF COMPLETION D-9 PART D - SPECIAL- CONDITIONS The Owner desires that all work under this contract be completed, in total, within 120 Calendar Days. Liquidated damages will be assessed the Contractor for failure to complete necessary work to meet these interim completion dates. In the event the Contractor fails to complete the Project in total within the time set forth above, Liquidated Damages shall be as set forth in Section C7-7.10 of the General Conditions. 1114 D-22 TERMINATION It is understood and agreed that this contract may be terminated by the City without obligation to 7 the Contractor, in whole or from time to time in part, whenever such termination is determined by the City to be in the best interests of the City. Termination may be effected by delivering to the Contractor or his designated representative a notice of termination, specifying to what extent performance of the work under the contract is being terminated and the effective date of termination. After receipt of notice of termination Contractor shall: 1. Stop work specified in the notice on the date and to the extent specified in the notice of termination. 2. Place no further order or subcontract except as necessary to complete work already underway. 3. Terminate all orders and contracts to the extent that they relate to the performance of the work terminated by the Notice of Termination. D-23 WARRANTY CERTIFICATES The Manufacturer shall warrant that all equipment furnished by it hereunder complies in all respects with the design and specification of this contract and contains no defect of material or workmanship. In the event of failure of any part or parts of the equipment during the two years of service following final project completion, due to defects of design, materials, or workmanship, "" the affected part or parts shall be replaced promptly upon notice by the Contractor. All replacement parts shall be furnished, delivered and installed at the expense of the Manufacturer. All warranty certificates or manufacturer's guarantees, for equipment purchased by the Contractor shall be issued in the name of the City of Fort Worth. D-24 RECORD DRAWINGS a. General: During prosecution of the work, the Contractor shall maintain a complete set of drawings upon which all deviations and changes shall be legibly recorded with actual works done. Deviations and changes shall be marked in red on a full-size set of drawings. b. Delivery: Record Drawings shall be delivered to the Engineer in good condition upon completion and acceptance of the work and before final payment is made. c. Requirements: Record Drawings shall be required for all work performed as a part of this project. D-25 EARLY WARNING SYSTEM FOR CONSTRUCTION PART D - SPECIAL. CONDITIONS Time is of the essence in the completion of this contract. In order to insure that the contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: 1. A letter will be mailed to the contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the contractor receives such a letter, the contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. 2. The Project Manager and the Directors of the Department of Engineering, Water Department, and Department of Transportation and Public Works will be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. 3. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. 4. Upon receipt of the contractor's response, the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. 5. If the contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. D-26 AIR POLLUTION WATCH DAYS The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. . The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesedie- I l -" emulsions, or alternative fuels such as CNG. �' _ ; D-11 w� PART D - SPECIAL CONDITIONS If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. D-12 PART D - SPECIAL CONDITIONS NOW CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE Asphalt Raker $10.32 Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter (Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper (Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 Form Builder-Structures $13.44 Form Setter-Paving & Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 $10.00 CY) Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 $11.52 CY) Front End Loader (2 1/2 CY & less) $9.94 Front End Loader (over 2 1/2 CY) $9.32 Milling Machine Operator $8.00 Mixer $11.00 Motor Grader Operator (Fine Grade) $12.31 Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller, Steel Wheel Plant-Mix Pavements $9.88 Roller, Steel Wheel Other Flatwheel or Tamping $12.12 Roller, Pneumatic, Self-Propelled Scraper $8.02 Traveling Mixer $10.00 Reinforcing Steel Setter (Paving) $9.75 Truck Driver-Single Axle (Light) $8.00 Truck Driver-Tandem Axle Semi-Trailer $10.22 Truck Driver-Lowboy/Float $10.54 Truck Driver-Transit Mix $10.63 "' Truck Driver-Winch $9.80 D-13 THIS PAGE LEFT BLANK INTENTIONALLY r r r r r r r PART E TECFINICAL SPECIFICATIONS 1 F r T C r r r SECTION 01010 SUMMARY OF WORK PART L GENERAL 1.01 SCOPE OF WORK A. This Section describes the project in general and provides an overview of the extent of the work to be performed. Detailed requirements and extent of work is stated in the applicable Specification Sections and shown on the Drawings. The Contractors shall,except as otherwise specifically stated herein or in any applicable parts of these Contract Documents,provide and pay for all labor,materials,equipment, tools,construction equipment,and other facilities and services necessary for proper execution,testing, and completion of the work. B. Any part or item of the work which is reasonably implied or normally required to make each installation satisfactorily and completely operable shall be performed by the Contractor and the expense thereof shall be included in the applicable unit prices or lump sum prices bid for the various items of work. It is the intent of these Specifications to provide the Owner with complete operable systems, subsystems, and other items of work. All miscellaneous appurtenances and other items or work that are incidental to meeting the intent of these Specifications shall be considered as having been included in the applicable unit prices or lump sum prices bid for the various items of work even though these appurtenances and items may not be specifically called for in the Specifications. C. The work shall include all civil,mechanical,structural,architectural,electrical,and instrumentation work. 1.02 DESCRIPTION OF THE PROJECT A. The work of this project is located at Fort Worth's SCADA Control Center, South Holly Water Treatment Plant, 1500 11`s Ave. Fort Worth,TX 76102. B. The work consists of upgrading the normal and standby power distribution systems for the SCADA Control center,including new panels and a new uninterruptible power supply.Existing panels will be demolished or reused as shown.The existing UPS is to be demolished. C. The work also includes the furnishing of four(4)standby generator sets for use at the Lake Country Sewage lift Stations. 1.03 CONTRACTS A. The work of this project will be executed in one(1)lump sum contract as shown in the Bid Form. B. The work is generally described below under CONTRACTOR'S RESPONSIBILITIES. The delineations noted there between the various sections of the Specifications and contracts are for a general overview of the work. The work to be executed is not necessarily limited to those descriptions. Accordingly,the Contractor shall thoroughly familiarize himself with all of the Contract Documents in order to fully understand the extent of his work and be aware of any"cross references". The Contractor fully understands, and shall fulfill, his duties and responsibilities regarding coordination and cooperation with other contractors working on the project. 1.04 WORK SEQUENCE a f, 01010-1 W A. The Contractor is required to determine his own method of construction and detailed work sequence, ON within the general terms of the Contract and the specific requirements of Section 01040,so long as the restraints are observed and the overall project completion time is achieved. B. The Contractor shall serve as an overall coordinator among all Subcontractors. 1.05 CONTRACTOR'S DUTIES A. Designate required delivery date for each product in Construction Schedule. B. The Contractor shall serve as an overall coordinator among all Subcontractors. C. Handling of material and equipment at site, including uncrating,storage and security. D. Protect equipment from damage. E. Repair or replace items damaged as a result of the Contractor's operations. F. Install,connect and finish products. 1.06 CONTRACTOR'S RESPONSIBILITIES owl A. General Construction-Contractor. 1. Execute, or be responsible for respective subcontractors, all work, including site, structural, .., process piping and equipment, instrumentation,and electrical work. 2.. The Contractor shall keep one set of"Record Drawings"and specifications available on the job at all times. This set of documents shall be clearly marked as such and shall be used only for " recording changes,elevations,and other data pertinent to the construction operation for use in preparing"As-Built"documents. All changes,etc.,shall be clearly marked in red pencil. The Record Drawings shall be available for inspection by the Owner/Engineer at all times and shall , be turned over to the Owner/Engineer upon written request. 1.07 COORDINATION WITH OWNER'S OPERATIONS AND EXISTING FACILITIES A. The project consists of additions and modifications to the power distribution for the Call Center, Control Room and computer equipment required for the city wide SCADA system. The sensitive nature of the project requires that the Contractor give the upmost attention to the downtime or interruption of any part of the facility required at any given time,for the duration of the project. He shall be responsible to inform the Owner, when his work might or will interrupt operations. The Owner will then determine the time and duration of such work, so that any possible interference or interruption will not adversely affect operations.The Contractor shall provide continuous supervision in the field during such times. B. Work which requires shutdown or in any way impedes the operations of existing facilities shall be closely coordinated with the Owner/Engineer. A minimum of 48 hours written notice shall be given to the Owner/Engineer before such approval will be granted. C. Immediately after the award of a contract for this project,the Contractor shall outline and submit a scheduled plan for installation of the work which requires interruption of operations. 1.08 CONTRACTOR'S USE OF PREMISES A. Contractor shall limit the use of the premises for his Work and for storage to allow for: 1. Work by other contractors. 01010-2 Id" 7 2. Owner occupancy. 3. Public use. B. Coordinate use of premises with Owner. OW C. Contractor shall assume full responsibility for security of all his and his subcontractors materials and equipment stored on the site. D. If directed by the Owner, move any stored items which interfere with operations of Owner or other contractors. E. Obtain and pay for use of additional storage or work areas if needed to perform the Work. F. Contractor shall submit to the Owner for approval a plan of operations,designating proposed areas of the property to be used for his operations, material storage,equipment storage,employee's parking, offices and shops. The area shall effect minimal interference with the present operations. P G. Any damage to existing facilities, including contamination, which may be caused by Contractor's personnel,callers,visitors,materials or equipment,shall be repaired or corrected at the sole expense of the Contractor. H. Any fence that is damaged or removed by the Contractor shall be replaced at the Contractor's expense in like kind,and to the satisfaction of the Owner/Engineer. 1.09 OWNER OCCUPANCY A. Owner will occupy premises during performance of the work for the conduct of his/her normal operations. Coordinate all construction operations with Owner to minimize conflict and to facilitate Owner usage. 1.10 COORDINATION WITH OTHER CONTRACTORS A. During the construction phase of this project,the Owner will have other construction projects underway on the South Holly Water Treatment Plant site. It will be the Contractor's responsibility to cooperate with all other contractors, as well as the Owner, regarding space for offices, storage/laydown,etc.,and scheduling of work in areas common to both projects and all other matters. The Owner will make the final decision on all matters involving conflicts between contractors over use of space,scheduling use of facilities and/or shutdowns,etc. The Owner will not be responsible for any delays,conflicts,disagreements,etc.,arising from his decisions. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) END OF SECTION 4 ` 01010-3 No Em 4w AW dw .,, THIS PAGE LEFT BLANK INTENTIONALLY aw ,m oft MM a* SECTION 01025 MEASUREMENT AND PAYMENT PART 1: GENERAL 1.01 GENERAL A. The Total Amount Bid in the Bid Form shall cover all Work required by the Contract Documents. The lump sum and unit prices bid shall include all costs in connection with the proper and successful completion of the Work, including but not limited to: furnishing all materials,equipment,supplies, and appurtenances;providing all construction equipment and tools;and performing all necessary labor and supervision to fully complete the Work. All Work not specifically set forth as to the pay item or items in the Bid Form shall be considered subsidiary obligations of Contractor and all costs in connection therewith shall be included in the prices bid. 1.02 BID FORM A. The Bid Form is a part of these Contract Documents and lists each item of work for which payment will be made. No payment will be made for items other than those listed in the Bid Form. B. Required items of work and incidentals necessary for the satisfactory completion of the Project which are not specifically listed in the Bid Form,and which are not specified in this Section to be measured or to be included in one of the items listed in the Bid Form shall be considered as incidental to the work required under this contract, and all costs thereof, including Contractor's overhead costs and profit,shall be considered as included in the prices bid for the various Bid Items. The Contractor shall prepare his bid accordingly. C. Work includes furnishing all plant, labor, equipment, tools and materials, and performing all operations required to complete the work satisfactorily,in place,as specified and as indicated on the Drawings. a 1.03 MEASUREMENT AND PAYMENT A. Measurement of an item of work will be by the unit indicated in the Bid Form. B. Measurement will include all necessary and incidental related work not specified to be included in any other item of work listed in the Bid Form. C. Unless otherwise stated in individual sections of the specifications or in the Bid Form no separate payment will be made for any item of work, materials, parts, equipment, supplies, or related items required to perform and complete the requirements of any section. The costs for all such items required shall be included in the Contract price bid for item of which it is a part. D. Payment will be made at the Contract price per unit or lump sum as indicated in the Bid Form with total price of the Contract being equal to the Total Bid,as specified and as modified,by extending unit prices multiplied by quantities, as appropriate to reflect actual work included in the Project. Such price and payment shall constitute full compensation to the Contractor for furnishing all plant,labor, equipment,tools,and materials,and for performing all operations required to furnish to the Owner the entire Project,complete in place, as specified and as indicated on the Drawings. E. Measurement for payment does not signify acceptance of Work. 01025-1 M" OPP F. Measurements, such as linear feet, will be to the nearest whole unit. G. If the Owner elects to delete any lump sum item,the dollar amount to be deleted from the Contract shall be the total amount shown in the Proposal/Bid Form/Schedule of Values for that item,including .. overhead and profit. PART 2: PRODUCTS (NOT USED) AW PART 3: EXECUTION (NOT USED) END OF SECTION 01025-2 I SECTION 01170 SPECIAL PROVISIONS PART 1: GENERAL 1.01 GENERAL OBLIGATIONS OF THE CONTRACTOR A. General obligations of the Contractor shall be as set forth in the Contract Documents. Unless special payment is specifically provided in the payment paragraphs of the specifications,all incidental work and expense in connection with the completion of work under the contract will be considered a subsidiary obligation of the Contractor,and all such costs shall be included in the appropriate items in the Bid Form in connection with which the costs are incurred. 1.02 SITE INVESTIGATION A. The Contractor shall satisfy himself as to the conditions existing within the project area, the type of equipment required to perform the work, the character, quality and quantity of the subsurface materials to be encountered insofar as this information is reasonably ascertainable from an inspection of the site,as well as from information presented by the Drawings and Specifications. Any failure of the Contractor to acquaint himself with the available information will not relieve him from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The Owner assumes no responsibility for any conclusions or interpretation made by the Contractor on the basis of the information made available by the Owner. 1.03 COORDINATION WITH CITY AGENCIES A. The Contractor will be required to reimburse the City for the actual cost of the services of Water Department Personnel required by him during other than regular working hours. 1.04 SERVICES OF MANUFACTURERS'REPRESENTATIVE AND OPERATION MANUALS A. Bid prices for equipment shall include the cost of a competent representative of the manufacturers of all equipment to supervise the installation,adjustment,and testing of the equipment and to instruct the Owner's operating personnel in operation and maintenance,as required by the specifications for each type of equipment. This supervision may be divided into two or more time periods as required by the installation program or as directed by the Owner/Engineer. B. See the detailed Specifications for additional requirements for furnishing the services of FM manufacturers representatives. C. A certificate from the manufacturer stating that the installation of the equipment is satisfactory,that the unit has been satisfactorily tested, is ready for operation, that the operating personnel have been suitably instructed in the operation, lubrication, and care of the unit shall be submitted. D. Operation and Maintenance manuals shall be submitted in accordance with Section 01300 and 01730. 1.05 SHIPMENT AND DELIVERY OF EQUIPMENT A. Equipment shall not be shipped until approved by the Owner/Engineer. The intent of this requirement is to reduce site storage time prior to installation and/or operation. Under no circumstances shall 7 equipment be delivered to the site more than one month prior to anticipated installation without written authorization from the Engineer. B. During shipment and delivery,the following procedures shall apply: 01170-1 da 1. All parts shall be properly protected so that no damage or deterioration will occur during a prolonged delay between time of shipment and installation,including any prolonged period at the site. 2. Factory assembled parts and components shall not be disassembled for shipment unless •+ permission is received in writing from the Engineer. 3. Finished surfaces of all exposed parts shall be properly protected against adverse conditions that may prevail from time of shipment until ready for operation. 4. All finished surfaces of all exposed flanges shall be protected by wooden blank flanges,stoutly built, and securely bolted. 5. Finished iron and steel surfaces not painted shall be protected against rust and corrosion. 6. Each box or package shall be legibly marked to show its net weight and contents. 7. Demurrage,or other charges resulting from failure to furnish these items shall be absorbed by the Contractor. 8. The Contractor shall make suitable provision for the handling and delivery of all equipment and material at the site. . 1.06 STORAGE AND HANDLING OF EQUIPMENT ON SITE A. Special attention shall be given to the storage and handling of equipment on site. As a minimum,the procedure outlined below shall be followed: 1. All equipment having moving parts such as gears,electric motors,etc.,and/or instruments shall be stored in a temperature and humidity controlled building approved by the Engineer,until such time as the equipment is to be installed. 2. All equipment shall be stored fully lubricated with oil,grease,etc.,unless otherwise instructed by the manufacturer. 3. Manufacturer's storage instructions shall be carefully studied by the Contractor and reviewed with the Owner/Engineer by him. These instructions shall be carefully followed and a written record of this kept by the Contractor. 4. Moving parts shall be rotated a minimum of once weekly to ensure proper lubrication and to avoid metal-to-metal"welding". Upon installation of the equipment,the Contractor shall start the equipment, at least half load,once weekly for an adequate period of time to ensure that the equipment does not deteriorate from lack of use. 5. Lubricants shall be changed upon completion of installation and as frequently as required thereafter during the period between installation and acceptance. New lubricants shall be put into the equipment at the time of substantial completion. 6. Prior to acceptance of the equipment, the Contractor shall have the manufacturer inspect the equipment to certify that its condition has not been detrimentally affected by the long storage period. Such certification by the manufacturer shall be deemed to mean that the equipment is judged by the manufacturer to be in a condition equal to that of equipment that has been shipped, installed, tested and accepted in a minimum time period. As such, the manufacturer will guaranty the equipment equally in both instances. If such a certification is not given, the equipment will be judged to be defective. It shall be removed and replaced at the Contractor's expense. 1.07 SPECIAL PRECAUTIONS 01170-2 A. None 1.08 OPERATION OF EXISTING SCADA CONTROL CENTER PE A. The existing SCADA Control Center shall remain in service during the contract work.The Contractor shall provide proper coordination of all activities to ensure that the existing plant remains in service throughout the construction period except for the times specified. Continuation of power for lights, receptacles and SCADA equipment shall continue uninterrupted except for brief intervals of time,not to exceed 2 hours, for transfer to another electrical circuit. The Contractor shall also provide the Owner's personnel full access throughout the existing building for operation and maintenance. B. The Contractor's access shall be limited to the area of work which shall be approved by the Owner. 1.09 INSTALLATION OF EQUIPMENT A. Special care shall be taken to ensure proper alignment of all equipment.The units shall be carefully aligned on their foundations after their sole plates have been shimmed to true alignment at the anchor bolts. The anchor bolts shall be set in place and the nuts tightened against the shims. After the foundation alignments have been approved by the Engineer, the bedplates or wing feet of the equipment shall be securely bolted in place. The alignment of equipment shall be further checked after securing to the foundations, and after confirmation of all alignments, the sole plates shall be finally grouted in place. The Contractor shall be responsible for the exact alignment of equipment with associated piping and under no circumstances, will "pipe springing" be allowed. B. All wedges,shims,filling pieces,keys,packing,grout,or other materials necessary to properly align, level and secure apparatus in place shall be furnished by the Contractor. All parts intended to be plumb or level must be proven exactly so. Perform all grinding necessary to bring parts to proper bearing after erection. 1.10 SLEEVES AND OPENINGS A. The Contractor shall provide all openings,channels,chases,etc.,in new construction and furnish and install anchor bolts and other items to be embedded in concrete, as required to complete the work under this Contract. The Contractor shall do all cutting,coring and rough and finish patching required in existing construction for the work of all trades. B. Subcontractors shall furnish all sleeves,inserts,hangers,anchor bolts,etc.,required for the execution of their work. It shall be their responsibility before the work of the Contractor is begun to furnish him/her with the above items and with templates,drawings or written information covering chases, openings,etc.,which they require and to follow up the work of the Contractor as it progresses,making sure that their drawings and written instructions are followed. Failing to do this, they shall be responsible for the cost of any corrective measures which may be required to provide necessary openings, etc. If the Contractor fails to follow the directions given him/her, covering details and locations of openings,etc.,he/she shall be responsible for any cutting and refinishing required to make the necessary corrections. In no case shall beams,lintels,or other structural members be cut without the approval of the Engineer. 1.11 SPARE PARTS A. Spare parts for certain equipment have been specified in the pertinent Sections of the Specifications. The Contractor shall collect and store all spare parts so required in an area to be designated by the Engineer. In addition, the Contractor shall furnish to the Owner/Engineer an inventory listing all spare parts, the equipment they are associated with, the name and address of the supplier and the delivered cost of each item. Copies of actual invoices for each item shall be furnished with the inventory to substantiate the delivery cost. 01170-3 B. Spare parts shall be packed in cartons, properly labeled with indelible markings with complete descriptive information including manufacturer,part number,part name and equipment for which the part is to be used and shall be properly treated for one year of storage. 1.12 WEATHER PROTECTION A. In the event of inclement weather,the Contractor shall protect the Work and materials from damage or injury from the weather. If,in the opinion of the Engineer,any portion of the Work or materials has been damaged by reason of failure on the part of the Contractor to so protect the Work,such Work and materials shall be removed and replaced with new materials and Work to the satisfaction of the Engineer. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) �. END OF SECTION 01170-4 SECTION 01200 PROJECT MEETINGS PART 1: GENERAL 1.01 SCOPE OF WORK A. Schedule,attend,and administer as specified,preconstruction conference,periodic progress meetings, and specially called meetings throughout progress of the Work. B. Representatives of Contractor,subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. C. Meetings administered by Owner may be tape recorded. If recorded, tapes will be used to prepare minutes and retained by Owner for future reference. D. Meetings, in addition to those specified in this Section, may be held when requested by the Owner, Engineer or Contractor. 1.02 RELATED WORK A. Pre-bid conference is included in Information to Bidders. 1.03 PRECONSTRUCTION CONFERENCE A. A preconstruction conference will be held within ten days after award of Contract and before Work is started. The conference will be scheduled and administered by the Owner. B. The Owner will preside at the conference,prepare the minutes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the conference. C. Attendance: 1. Contractor's project manager. 2. Contractor's superintendent. 3. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the Owner may request. 4. Construction Manager 5. Engineer's representatives. 6. Owner's representatives. 7. Others as appropriate. i D. Preliminary Agenda: 01200-1 Introductions 1. Schedule completion dates and Liquidated Damages. 2. Construction Scheduling, including critical path. 3. Designation of responsible personnel. 4. Authority of Contractor. 5. Authority of Construction Manager and Engineer. 6. Submittals. 7. Procedures for Change Orders,CMRs,PCMB,Field Orders, RFIs, etc. 8. Record Drawings 9. Quality control. 10. Safety Procedures. 11. Temporary construction facilities. 12. Use of City Facilities. 13. Security and Work after Normal Hours. 14. Measurement and payment. 15. City Administrative Procedures, including M/WBE procedures. 16. Project Work Summary 17. Correspondence Routing 18. Pay Request Procedures 1.04 PROGRESS MEETINGS A. The Owner/Engineer will preside at progress meetings, prepare the minutes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of each meeting. 1. Attendance: Same as preconstruction conference. 2. Preliminary Agenda: a. Review, approval of minutes of previous meeting. b. Review of work progress since previous meeting. 01200-2 c.. Field observations, problems,conflicts. d. Problems which impede construction schedule. e. Review of off-site fabrication,delivery schedules. f. Review of construction interfacing and sequencing requirements with other construction contracts. g. Corrective measures and procedures to regain projected schedule. h. Revisions to construction schedule. i. Progress,schedule, during succeeding work period. j. Coordination of schedules. k. Review submittal schedules. 1. Maintenance of quality standards. m. Pending changes and substitutions. n. Review proposed changes for: 1). Effect on construction schedule and on completion date. 2). Effect on other contracts of the Project. o. Review Record Documents. p. Review monthly pay request. q. Review status of RFIs. B. Informal project coordination meetings shall be held once every week during the installation phase. The meeting will be held between the Owner and the Contractor.The meeting shall include,but not be limited to: 1. Discus the Work Schedule and his work to be performed during the next week. 2. Any shutdown required and his schedule. 3. Coordination of Owner's personnel presence to observe his changes. (No changes shall be without Owner being present). PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION(NOT USED) END OF SECTION 01200-3 so dft THIS PAGE LEFT BLANK INTENTIONALLY mm on SECTION 01300 SUBMITTALS PART 1: GENERAL 1.01 DESCRIPTION OF REQUIREMENTS A. This Section specifies the general methods and requirements of submissions applicable to the following work-related submittals: Shop Drawings,Product Data,Samples,Mock Ups,Construction Photographs, and Construction or Submittal Schedules. Detailed submittal requirements will be specified in the technical specifications sections. B. All submittals shall be clearly identified by reference to Specification Section,Paragraph,Drawing No.or Detail as applicable. Submittals shall be clear and legible and of sufficient size for sufficient presentation of data. 1.02 SHOP DRAWINGS,PRODUCT DATA,SAMPLES n. A. Shop Drawings 1. Shop drawings,as specified in individual work Sections include,but are not necessarily limited to, custom-prepared data such as fabrication and erection/installation (working) drawings, scheduled information, setting diagrams,actual shopwork manufacturing instructions,custom templates, special wiring diagrams, coordination drawings, individual system or equipment inspection and test reports including performance curves and certifications,as applicable to the Work. 2. All shop drawings submitted by subcontractors for approval shall be sent directly to the Contractor for checking. The Contractor shall be responsible for their submission at the proper time so as to prevent delays in delivery of materials. 3. The Contractor shall check all subcontractors shop drawings regarding measurements, size of members,materials,and details to satisfy himself that they conform to the intent of the Drawings and Specifications. Shop drawings found to be inaccurate or otherwise in error shall be returned to the subcontractors for correction before submission thereof. 4. All electrical equipment shall be UL listed and shall be stated on the Shop Drawings. 1.03 CONTRACTOR'S RESPONSIBILITIES A. The Contractor shall review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: 1. Field measurements 2. Field construction criteria 3. Catalog numbers and similar data 4. Conformance with the Specifications B. Each shop drawing,sample and product data submitted by the Contractor shall have affixed to it the following Certification Statement including the Contractor's Company name and signed by the person who actually reviewed the submittal. "Certification Statement: By this submittal, I hereby represent that I have determined and verified field measurements,field construction criteria, materials,dimensions,catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." Shop drawings larger than 8 1/27x 01300-1 11"shall be folded to 8 1/2"x 11". Shop drawings and product data sheets shall be bound together in an orderly fashion and bear the above Certification Statement on the cover sheet. The cover sheet shall fully describe the packaged data and include a listing of all items within the package. Provide to the Owner/Engineer a copy of each submittal transmittal sheet for shop drawings, product data and samples at the time of submittal of said drawings and product data to the Owner/Engineer. C. Notify the Engineer in writing, at the time of submittal,of any deviations in the submittals from the requirements of the Contract Documents. D. The review and approval of shop drawings,samples or product data by the Engineer shall not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. All risks of error and omission are assumed by the Contractor and the Engineer will have no responsibility therefore. E. No portion of the work requiring a shop drawing,sample,or product data shall be started nor shall any materials be fabricated or installed prior to the approval or qualified approval of such item. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data shall be at the Contractor's risk. The Owner will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. F. Project work, materials, fabrication, and installation shall conform with approved shop drawings, applicable samples,and product data. 1.04 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule,and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Each submittal, appropriately coded, will be returned within 15 calendar days following receipt of submittal by the Engineer. C. Number of submittals required: I. Shop Drawings as defined in Paragraph 1.02 A:Eight(8)copies for all submittals.If Contractor requires more than three copies of Shop Drawings returned,Contractor shall submit more than the number of copies listed above. D. Submittals shall contain: I. The date of submission and the dates of any previous submissions. 2. The Project title and number. 3. Contractor identification. 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the specification section number, page and paragraph(s). 6. Field dimensions,clearly identified as such. 7. Relation to adjacent or critical features of the Work or materials. 8. Applicable standards, such as UL Lasbel or Federal Specification numbers. 01300-2 9. Identification by highlighting of deviations from Contract Documents. 10. Identification by highlighting of revisions on resubmittals. 11. An 8-in X 3-in blank space for Contractor and Owner/Engineer stamps. 1.05 REVIEW OF SHOP DRAWINGS,PRODUCT DATA, AND WORKING DRAWINGS. A. The review of shop drawings, data, and samples will be for general conformance with the design concept and Contract Documents. They shall not be construed as: 1. permitting any departure from the Contract requirements; 2. relieving the Contractor of responsibility for any errors, including details, dimensions, and materials; and/or 3. approving departures from details furnished by the Owner/Engineer, except as otherwise provided herein. B. The Contractor remains responsible for details and accuracy,for coordinating the work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly, and for performing work in a safe manner. C. If the shop drawings,data or samples as submitted describe variations and show a departure from the Contract requirements which Owner/Engineer finds to be so minor as not to involve a change in Contract Price or time for performance, the Owner/Engineer may return the reviewed drawings without noting an exception. D. Submittals will be returned to the Contractor under one of the following codes. Code 1 C "APPROVED"is assigned when there are no notations or comments on the submittal. When returned under this code the Contractor may release the equipment and/or material for manufacture. Code 2 C "APPROVED AS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. Code 3 C "APPROVED AS NOTED/CONFIRM". This combination of codes is assigned when a confirmation of the notations and comments IS required by the Contractor. The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. This confirmation shall specifically address each omission and nonconforming item that was noted. Confirmation is to be received by the Engineer within 15 calendar days of the date of the Owner/Engineer's transmittal requiring the confirmation. Code 4 C "APPROVED AS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. The Contractor may release the equipment or material for manufacture; however,all notations and comments must be incorporated into the final product. This resubmittal is to address all comments,omissions and non-conforming items that were noted. Resubmittal is to be received by the Engineer within 15 calendar days of the date of the Owner/Engineer's transmittal requiring the resubmittal. Code 5 C "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. The Contractor must resubmit the entire package revised to bring the submittal into conformance. It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 01300-3 Code 6 C "COMMENTS ATTACHED" is assigned where there are comments attached to the returned submittal which provide additional data to aid the Contractor. Codes 1 through 5 designate the status of the reviewed submittal with Code 6 showing there has been an attachment of additional data. E. Resubmittals will be handled in the same manner as first submittals. On resubmittals the Contractor shall direct specific attention,in writing on the letter of transmittal and on resubmitted shop drawings by use of revision triangles or other similar methods,to revisions other than the corrections requested by the Owner/Engineer,on previous submissions. Any such revisions which are not clearly identified shall be made at the risk of the Contractor. The Contractor shall make corrections to any work done because of this type revision that is not in accordance to the Contract Documents as may be required by the Owner/Engineer. F. Partial submittals may not be reviewed. The Owner/Engineer will be the only judge as to the completeness of a submittal. Submittals deemed by the Owner/Engineer to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. The Owner/Engineer may at his/her option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. G. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents,the Contractor shall give written notice thereof to the Owner/Engineer at least seven working days prior to release for manufacture. H. When the shop drawings have been completed to the satisfaction of the Owner/Engineer, the Contractor shall carry out the construction in accordance therewith and shall make no further changes therein except upon written instructions from the Owner/Engineer. 1.06 DISTRIBUTION A. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the Owner/Engineer. Number of copies shall be as directed by the Owner/Engineer but shall not exceed the number specified in Paragraph 1.04C. 1.07 GENERAL PROCEDURES FOR SUBMITTALS A. Coordination of Submittal Times: Prepare and transmit each submittal sufficiently in advance of performing the related work or other applicable activities,or within the time specified in the individual work sections,of the Specifications, so that the installation will not be delayed by processing times including disapproval and resubmittal (if required), coordination with other submittals, testing, purchasing, fabrication, delivery and similar sequenced activities. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) END OF SECTION 01300-4 SECTION 01610 MATERIAL AND EQUIPMENT PART 1: GENERAL 1.01 ACCEPTANCE OF MATERIALS AND EQUIPMENT A. Only new materials and equipment shall be incorporated in the Work,except for Owner furnished equipment and materials listed on the Drawings. Materials and equipment furnished by the Contractor shall be subject to the inspection and approval of the Owner. No material shall be delivered to the Work without prior approval of the Owner. B. Material and equipment incorporated into the Work shall: 1. Be new or listed on the Drawings as Owner furnished,in current production,and conforming to applicable specifications and standards. 2. Comply with size,make,type and quality specified,or as specifically approved in writing by the Engineer. C. Manufacture like parts of duplicate units to standard sizes and gages,to be interchangeable. D. Two or more items of the same kind shall be identical,by the same manufacturer. E. Products and equipment shall be suitable for service conditions. F. Equipment capacities,sizes and dimensions shown or specified shall be adhered to unless variations are specifically approved in writing. G. Do not use material or equipment for any purpose other than that for which it is designed or is specified. p H. The materials and equipment used on the Work shall correspond to the approved samples or other submitted data. 1.02 REUSE AND REPLACEMENT OF EXISTING MATERIALS AND EQUIPMENT A. Except as specifically indicated or specified, materials and equipment removed from any existing structure shall not be used in the completed Work. B. For the pieces of equipment to be reused in the work: 1. Use special care in removal,handling,storage and reinstallation,to assure proper function in the completed Work. 2. Arrange for transportation, storage and handling of products which require off-site storage, restoration or renovation. Pay all costs for such work. 1.03 TRANSPORTATION AND HANDLING 01610-1 A. Arrange deliveries of products and equipment in accord with construction schedules, coordinate to avoid conflict with work and conditions at the site. B. Deliver products in undamaged condition, in manufacturer's original containers or packaging, with Nit identifying labels intact and legible. C. Conduit and other materials delivered to the job shall be unloaded and placed in a manner which will not hamper the normal operation of the existing facility or interfere with the flow of necessary traffic. D. Immediately on delivery, inspect shipments to assure compliance with requirements of Contract Documents and approved submittals, and that products are properly protected and undamaged. 1.04 STORAGE AND PROTECTION OF EQUIPMENT AND MATERIALS ON SITE A. Materials and equipment to be incorporated in the Work shall be handled and stored by the manufacturer, fabricator, supplier and Contractor before,during,and after shipment in a manner to prevent warping,twisting,bending,breaking,chipping,rusting,and any injury,theft or damage of any kind whatsoever to the material or equipment. B. Special attention shall be given to the storage and handling of equipment on site. Equipment storage will be approved by the Owner. As a minimum,the procedure outlined below shall be followed: 1. Equipment shall be shipped as late as possible to assure its availability when required by the Contractor's schedule. The intent of this requirement is to reduce on-site storage time prior to installation and operation. Under no circumstances shall equipment be delivered to the site more than one month prior to installation without prior written authorization from the Owner. Equipment shall not be shipped until the Contractor has received an approved submittal from the Owner. 2. Manufacturer's storage instructions shall be carefully studied by the Contractor and reviewed with the Owner. These instructions shall be carefully followed and a written record shall be kept by the Contractor. 3. Prior to acceptance of the equipment, the Contractor shall have the manufacturer inspect the equipment and certify in writing to the Owner that its condition has not been detrimentally affected by the long storage period. Such certification by the manufacturer shall be deemed to mean that the equipment is judged by the manufacturer to be in a condition equal to that of equipment that has been shipped,installed,tested and accepted in a minimum time period. As such, the manufacturer will guarantee the equipment equally in both instances. If such a certification is not given,the equipment shall be judged to be defective. It shall be removed and replaced at the Contractor's expense. C. Store materials in accordance with manufacturer's instructions,with seals and labels intact and legible. 1. Store products subject to damage by the elements in weathertight enclosures. 2. Maintain temperature and humidity within the ranges required by manufacturer's instructions. D. Rejection of Materials and Equipment: 1. Materials and equipment which,in the opinion of the Owner,have become so damaged as to be unfit for the use intended or specified shall be promptly removed from the site of the Work.The Contractor shall receive no compensation for the damaged material or its removal. 01610-2 7 2. Damaged material and equipment shall be replaced at the Contractor's expense. 7 1.05 INSTALLATION STANDARDS A. Handle, store and install equipment in accordance with the manufacturer's drawings and recommendations. Fm B. When Contract Documents require that installation of work shall comply with manufacturer's printed instructions, obtain and distribute copies of such instructions to parties involved in the installation. Maintain one set of complete instructions at the job site during installation and until completion. C. Handle, install,connect,clean,condition and adjust products in strict accord with such instructions and in conformity with specified requirements. Do not omit any preparatory step or installation procedure unless specifically modified or exempted by Contract Documents. 1. Should job conditions or specified requirements conflict with manufacturer's instructions, consult with Owner for further instructions. 2. Do not proceed with work without clear instructions. D. New equipment and existing equipment to be relocated shall be carefully aligned on the new foundations after their sole plates have been properly shimmed to true alignment at the anchor bolts. The anchor bolts shall be set in place and the nuts tightened against the shims. After the foundation alignments have been approved by the Owner,the bed plates or wing feet of the equipment shall be securely bolted in place. The alignment of equipment shall be further checked after securing to the foundations, and after confirmation of alignments,the sole plates shall be finally grouted in place. E. Provide wedges, shims, filling pieces, keys, packing, red or white lead, grout, or other materials necessary to properly align,level,and secure apparatus in place.Parts intended to be plumb or level shall be proven exactly so. Grinding necessary to bring parts to proper bearing after erection shall be d done. " G. Provide openings,channels, anchor bolts and other items to be embedded in concrete,as required to complete the Work under this Contract and do all cutting and patching as required. H. Furnish sleeves, inserts,hangers,and anchor bolts,required for the execution of the electrical,work specified and shown on the Drawings. In no case shall beams,lintels,or other structural members be cut without the approval of the Owner. 1.07 SUBSTITUTIONS AND PRODUCT OPTIONS A. Substitution of Equipment: 1. The Contractor shall note that the Engineer's design is based upon the first listed manufacturer for items of equipment, though not necessarily the manufacturer's "standard"product. 2. If the Contractor chooses other manufacturer's equipment he shall be responsible for the total cost,including engineering design, of modifications, alterations,adjustment,and coordination necessary to make the proposed equipment compatible with the treatment process and with the specified equipment, structures, spaces, and other features of the original design. If the specification list of approved manufacturers states "no equal" or "no substitutions will be allowed",the Contractor shall choose equipment from the approved manufacturers list. ' 01610-3 B. Products List: 1. Within 1 week after Contract Date,submit to Owner a complete list of major products proposed to be used, with the name of the manufacturer and the installing subcontractor. C. Substitutions: 1. For a period of 2 weeks after Contract Date,Owner/Engineer will consider written requests from Contractor for substitution of products. After that time period,no substitutions will be allowed and listed manufacturers shall be provided. 2. Submit a separate request for each product, supported with complete data, with drawings and samples as appropriate,including: a. Comparison of the qualities of the proposed substitution with that specified. b. Changes required in other elements of the Work because of the substitution. ^ c. Effect on the construction schedule. d. Cost data comparing the proposed substitution with the product specified. e. Any required license fees or royalties. f. Availability of maintenance service, and source of replacement materials. 3. Owner/Engineer shall be the judge of the acceptability of the proposed substitution. D. Contractors Representation:. 1. A request for a substitution constitutes a representation that Contractor: a. Has investigated the proposed product and determined that it is equal to or superior in all respects to that specified. b. Will provide the same warranties or bonds for the substitution as for the product specified. c. Will coordinate the installation of an accepted substitution into the Work,and make such other changes as may be required to make the Work complete in all respects. • d. Waives all claims for additional costs, under his responsibility, which may subsequently become apparent. E. Engineer will review requests for substitutions with reasonable promptness,and notify Contractor,in writing, of the decision to accept or reject the requested substitution. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION(NOT USED) END OF SECTION 01610-4 SECTION 01700 CONTRACT CLOSEOUT PART L GENERAL m 1.01 SCOPE OF WORK A. This Section outlines the procedure to be followed in closing out the Contract. 1.02 SUBSTANTIAL COMPLETION A. The Substantial Completion dates shall be established as stated in the Contract. 1.03 FINAL CLEANING A. At the completion of work and immediately prior to final inspection, cleaning of the entire project shall be accomplished according to the following provisions: 1. The Contractor shall thoroughly clean, sweep, wash, and polish all work and equipment provided under the Contract,including finishes. The cleaning shall leave the structures and site in a complete and finished condition to the satisfaction of the Engineer. 2. All Subcontractors shall similarly perform,at the same time,an equivalent thorough cleaning of all work and equipment provided under their contracts. 3. The Contractor shall remove all temporary structures and all debris, including all dirt, sand, gravel,rubbish and waste material. 4. Should the Contractor not remove rubbish or debris, or not clean the buildings and site as specified above, the Owner reserves the right to have the cleaning done at the expense of the Contractor. B. Use only cleaning materials recommended by manufacturer of surface to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturers. D. In preparation for substantial completion or occupancy, conduct final inspection of sight-exposed interior and exterior surfaces, and of concealed spaces. f E. Remove grease,dust,dirt,stains,labels,fingerprints,and other foreign materials from sight-exposed interior and exterior finished surfaces. Polish surfaces so designated to shine finish. F. Repair,patch, and touch up marred surfaces to specified finish, to match adjacent surfaces. G. Vacuum clean all interior spaces,including inside cabinets. Broom clean paved surfaces,rake clean other surfaces of grounds. H. Handle materials in a controlled manner with as few handlings as possible. Do not drop or throw materials from heights. 01700-1 I. Schedule cleaning operations so that dust and other contaminants resulting from cleaning process will not fall on wet,newly-painted surfaces. 1.04 FINAL INSPECTION A. After final cleaning and restoration and upon written notice from the Contractor that the work is completed, the Engineer will make a preliminary inspection with the Owner and the Contractor present. Upon completion of this preliminary inspection,the Engineer will notify the Contractor,in writing, of any particulars in which this inspection reveals that the work is defective or incomplete. B. Upon receiving written notice from the Engineer,the Contractor shall immediately undertake the work required to remedy deficiencies and complete the work to the satisfaction of the Engineer. C. When the Contractor has corrected or completed the items as listed in the Engineer's written notice,he shall inform the Engineer,in writing,that the required work has been completed. Upon receipt of this notice,the Engineer, in the presence of the Owner and the Contractor,will make his final inspection of the project. D. Should the Engineer find all work satisfactory at the time of his inspection, the Contractor will be allowed to make application for final payment. Should the Engineer still find deficiencies in the work, the Engineer will inform the Contractor of the deficiencies and will deny the Contractor's request for final payment until such time as the Contractor has satisfactorily completed the required work. 1.05 FINAL SUBMITTALS A. No application for final payment will be accepted until all submittals have been made and approved by the Engineer, including,but not limited to, the following: 1. Final shop drawings. 2. Project Record Documents 3. All interface information. 4. All Operation and Maintenance Manuals. 5. All required indices and schedules. 6. All Manufacturers'Certificates of Proper Installation. 7. All construction photographs, including those of the completed project. , 8. All State required submittals. 9. Certificate that all outstanding debts are paid and that there are no liens on the project. 1.06 GUARANTEES,BONDS,AND AFFIDAVITS A. No application for final payment will be accepted until all guarantees,bonds,certificates,licenses,and affidavits required for work or equipment as specified are satisfactorily filed with the Owner/Engineer. 1.07 RELEASE OF LIENS OR CLAIMS 01700-2 ' " A. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the Owner as required by the General Conditions. 1.09 FINAL PAYMENT A. Final payment will be made to the Contractor in accordance with the Agreement. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION(NOT USED) END OF SECTION FW 7 01700-3 THIS PAGE LEFT BLANK INTENTIONALLY SECTION 01710 CLEANING PART 1: GENERAL 1.01 REQUIREMENTS INCLUDED A. Execute cleaning,during progress of the Work,and at completion of the Work. 1.02 RELATED REQUIREMENTS A. Each Specification Section: Cleaning for specific products or work. 1.03 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti-pollution laws. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION 3.01 DURING CONSTRUCTION A. Execute daily cleaning to keep the Work, and the site free from accumulations of waste materials, rubbish and windblown debris,resulting from construction operations.At the end of each work day, the Contractor shall leave the site clean and free of any construction rubbish, debris and dust. B. Provide on-site containers if required by the Contractor,for the collection of waste materials,debris and rubbish. All waste materials including containers,food debris and other miscellaneous materials must be disposed of daily in on-site containers. C. Remove waste materials,debris and rubbish from the site once a week and dispose of at legal disposal areas away from the site. D. If a container is not provided,the Contractor shall remove the waste materials,debris and rubbish daily from the site. E.. This is a working office facility.There shall be no trash left behind at any time. The Contractor shall clean the area when he is done in a given area.He shall vacuum and clean the surfaces before moving to the next work area. 3.02 DUST CONTROL A. Clean interior spaces prior to the start of finish painting and continue cleaning on an as-needed basis until painting is finished. B. Schedule operations so that dust and other contaminants resulting from cleaning process will not fall on wet or newly-coated surfaces. 01710-1 3.03 FINAL CLEANING A. Employ skilled workmen for final cleaning. B. Remove grease,mastic, adhesives,dust,dirt,stains,fingerprints, labels,and other foreign materials from sight-exposed interior and exterior surfaces. C. Broom clean exterior paved surfaces;rake clean other surfaces of the grounds. D. Prior to final completion, or Owner occupancy, Contractor shall conduct an inspection of sight-exposed interior and exterior surfaces,and all work areas,to verify that the entire Work is clean. END OF SECTION 01710-2 '® 7 SECTION 01720 PROJECT RECORD DOCUMENTS 'y PART 1: GENERAL 1.01 REQUIREMENTS INCLUDED A. Maintain at the site,for the Owner's use, one record copy of: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Engineer's Field Orders or written instructions. 6. Approved Shop Drawings and Working Drawings.. 7 7. Field Test records. 8. Construction photographs. i 9. RFIs 7 10. Submittal Logs 1.02 RELATED REQUIREMENTS A. Section 01300: Submittals. PE 1.03 MAINTENANCE OF DOCUMENTS A. Store documents in the work area,apart from documents used for construction. 1. Provide files and racks for storage of documents. B. File documents in accordance with CSI/CSC format. C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. D. Make documents available at all times for inspection by the Owner/Engineer. E. As a prerequisite for monthly progress payments,the Contractor shall exhibit the currently updated "record documents" for review by the Owner/Engineer. 7 1.04 RECORDING A. Label each document"PROJECT RECORD" in neat large printed letters. B. Record information concurrently with construction progress. 1. Do not conceal any work until required information is recorded. C. Drawings-Legibly mark to record actual construction: 1. Location of all receptacles below the raised floor, with circuit and panel designations.. 01720-1 2. Field changes of dimension and detail. 3. Changes made by Field Order or by Change Order. 4. Details not on original contract drawings. 5. Equipment relocations and piping. D. Specifications and Addenda-Legibly mark each Section to record: 1. Manufacturer,trade name,catalog number,and Supplier of each Product and item of equipment actually installed. 2. Changes made by Field Order or by Change Order. 1.06 SUBMITTAL A. At Contract close-out,deliver Record Documents to the Owner/Engineer. B. Accompany submittal with transmittal letter in duplicate,containing: 1. Date. 2. Project title and number. 3. Contractor's name and address. 4. Title and number of each Record Document. 5. Signature of Contractor or his authorized representative. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION(NOT USED) END OF SECTION ^ 01720-2 " ' SECTION 01730 OPERATING AND MAINTENANCE DATA PART 1: GENERAL 1.01 REQUIREMENTS INCLUDED A. Compile product data and related information appropriate for Owner's maintenance and operation of products furnished under Contract. 1. Prepare operating and maintenance data as specified in this Section and as referenced in other pertinent sections of specifications. B. Instruct Owner's personnel in maintenance of products and in operation of equipment and systems,in accordance with the individual specification Sections. 1.02 RELATED REQUIREMENTS A. Section 01300: Submittals. B. Section 01700: Contract Closeout. C. Section 01720: Project Record Documents. D. Section 01740: Warranties and Bonds. 1.03 QUALITY ASSURANCE A. Preparation of data shall be done by personnel: 1. Trained and experienced in maintenance and operation of described products. 2. Familiar with requirements of this Section. 3. Skilled as technical writer to the extent required to communicate essential data. 4. Skilled as draftsman competent to prepare required drawings. 1.04 FORM OF SUBMITTALS A. Prepare data in form of an instructional manual for use by Owner's personnel. B. Format 1. Size: 8 1/2 inches x 11 inches. 2. Paper: a. 40 pound minimum, white,for typed pages. b. Holes reinforced with plastic,cloth or metal. 01730-1 3. Text: Manufacturer's printed data, or neatly typewritten. 4. Drawings: a. Provide reinforced punched binder tab,bind in with text. b. Reduce larger drawings and fold to size of text pages but not larger than 14 inches x 17 inches. 5. Provide fly-leaf for each separate product,or each piece of operating equipment. a. Provide typed description of product, and major component parts of equipment. b. Provide indexed tabs. 6. Cover: Identify each volume with typed or printed title"OPERATING AND MAINTENANCE INSTRUCTIONS". List: a. Title of Project. ' b. Identity of separate structure as applicable. c. Identity of general subject matter covered in the manual. C. Binders: 1. Commercial quality three-ring binders with durable and cleanable plastic covers. 2. When multiple binders are used,correlate the data into related consistent groupings. D. If available, an electronic form of the O&M Manual shall be provided. 1.05 CONTENT OF MANUAL A. Neatly typewritten table of contents for each volume,arranged in systematic order. 1. Contractor, name of responsible principal,address and telephone number. 2. A list of each product required to be included, indexed to content of the volume. 3. List,with each product, name,address and telephone number of: a. Subcontractor or installer. b. A list of each product required to be included, indexed to content of the volume. c. Identify area of responsibility of each. d. Local source of supply for parts and replacement. 4. Identify each product by product name and other identifying symbols as set forth in Contract Documents. B. Product Data 1. Include only those sheets which are pertinent to the specific product. 2. Annotate each sheet to: a. Clearly identify specific product or part installed. 01730-2 b. Clearly identify data applicable to installation. c. Delete references to inapplicable information. C. Drawings 1. Supplement product data with drawings as necessary to clearly illustrate: a. Relations of component parts of equipment and systems. b. Control and flow diagrams. 2. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. 3. Do not use Project Record Drawings as maintenance drawings. D. Written text, as required to supplement product data for the particular installation: 1. Organize in consistent format under separate headings for different procedures. 2. Provide logical sequence of instructions of each procedure. E. Copy of each warranty,bond and service contract issued. r- 1. Provide information sheet for Owner's personnel giving: a. Proper procedures in event of failure. b. Instances which might affect validity of warranties or bonds. 1.06 CONTENT FOR EACH ELECTRIC AND ELECTRONIC SYSTEM(AS APPROPRIATE) A Description of system and component parts. L. Function, normal operating characteristics,and limiting conditions. 2. Performance curves,engineering data and tests. 3. Complete nomenclature and commercial number of replaceable parts. B. Circuit directories of panelboards. 1. Electrical service. 2. Controls. 3. Communications. C. As-installed color coded wiring diagrams. D. Operating procedures: 1. Routine and normal operating instructions. 2_ Sequences required. 01730-3 7. Contractor,name of responsible principal, address and telephone number. 1.04 FORMS OF SUBMITTALS A. Prepare in duplicate packets. B. Format: 1. Size 8 1/2 inches x 11 inches,punch sheets for standard 3-post binder. a. Fold larger sheets to fit into binders. 2. Cover: Identify each packet with typed or printed title"WARRANTIES AND BONDS".List: a. Title of Project. b. Name of Contractor. C. Binders: Commercial quality, three-post binder, with durable and cleanable plastic covers and maximum post width of 2 inches. 1.05 WARRANTY SUBMITTAL REQUIREMENTS A. For all major pieces of equipment, submit a warranty from the equipment manufacturer. The manufacturer's warranty period shall be concurrent with the Contractor's for two (2) years, unless otherwise specified,commencing at the time of final acceptance by the Owner. B. The Contractor shall be responsible for obtaining certificates for equipment warranty for all major equipment specified under Division 16. The Engineer reserves the right to request warranties for equipment not classified as major. The Contractor shall still warrant equipment not considered to be "major"in the Contractor's one-year warranty period even though certificates of warranty may not be required. C. For certain pieces of equipment, the Owner may require a warranty of more than one year. The requirement for a warranty of more than one year shall be specified in individual sections of the Specifications. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION(NOT USED) 4� b END OF SECTION T 01740-2 r SECTION 16000 ELECTRICAL-GENERAL PROVISIONS 7 PART 1 GENERAL 1.01 SCOPE OF WORK Or A. Furnish all labor, materials and equipment required and install complete and make operational, electrical and systems at the South Holly SCADA Building as shown on the Drawings and as specified herein. Furnish emergency generators as specified in Section 16220. B. The work shall include furnishing, installing and testing the equipment and materials detailed in the following Sections: Section No Title 16000 - Electrical -General Provisions 16110 - Raceways,Boxes,Fittings and Supports 16120 - Wires and Cables (600 Volt Maximum) 16140 _ Light Switches&Receptacles 7 16191 Miscellaneous Equipment 16220 - Emergency Generator With Automatic Transfer Switch 16440 - Single Module Uninterruptible Power System(UPS) 16450 - 480 Volt Switchgear 16470 - Panelboards 16660 - Grounding System 6 C. The work shall include furnishing and installing the following: k 1. Demolition of an existing, uninterruptible power supply associated electrical panelboards, wiring,and the furnishing and installation of a new uninterruptible power supply, with new electrical panelboards, wire and conduit, all as specified and as shown on the Drawings. 2. Coordinate the sequence of demolition with the sequence of construction to maintain plant operation in each area. Remove and demolish equipment and materials in such a sequence that the existing and proposed plant will function properly with no disruption of treatment. 3. Modifications to existing panelboards and equipment, including installation of circuit po breakers,etc,or disconnection of circuits as required to provide the power supplies to new and existing equipment to maintain the plant in operation. 4. Furnish emergency generators as specified in Section 16220. s D. Provide all electrical demolition work associated with the removal of equipment from the existing facilities, including disconnecting and removing all electrical wiring and conduit to equipment being removed under other related Sections. Survey the existing electrical systems with representatives from other trades prior to performing any demolition work. Identify all conduit and equipment to be removed with tags or paint. F 16000-1 fi E. Disconnect existing power to lights and receptacles and reconnect power from panels which are : connected to emergency generator as shown on the Drawings. F. Provide all electrical relocation work associated with the installation of new panelboards relocation of equipment for the existing and new equipment, including disconnecting all existing wiring and conduits and providing new wiring and conduits. G. All electrical material furnished shall be UL labeled. 1.02 RELATED WORK A. Excavation and backfilling, including gravel or sand bedding for underground electrical work is included in Division 2. B. Cast in place concrete work, including equipment pads,and reinforcing steel, is included in Division 3. 1.03 SUBMITTALS A. Submit to the Engineer, in accordance with Section 01300,shop drawings for equipment, materials and other items furnished under Division 16. " B. A separate submittal shall be made for each specification section. Each submittal shall be substantially complete to permit review by the Engineer. Individual equipment and data sheets submitted at random intervals will not be accepted for review. C. Incomplete submittals will be returned to the Contractor without the Engineer's review and without contract time extension. D. Design Data submittals shall be reviewed and returned with resubmittal not required, before4 fabrication is started. E. All panel drawings and schematics shall be produced with the latest version of AutoCAD software. F. Shop drawings shall be submitted for the following equipment: �d I Raceways,Boxes,Fittings and Hangers 2 Wires and Cables 3 Miscellaneous Equipment as specified in Section 16191 4 Panelboards 5 Grounding Hardware and Connections �. G. The manufacturers name and product designation or catalog numbers shall be submitted for the following material: 16000-2 "` 1. Raceways,Boxes,Fittings and Hangers 2. Wire and Cable 3. Switches, Receptacles and Covers H. Check shop drawings for accuracy and contract requirements prior to submittal. Shop drawings ? " shall be stamped with the date checked and a statement indicating that the shop drawings i' conform this Section and the Drawings. Shop drawings shall be organized by specification section and shall be clearly marked to indicate which items are applicable on each cut sheet page. This statement shall also list all exceptions to this Section and the Drawings. Shop drawings not so checked and noted will be returned. I. The Engineer's check shall be for conformance with the design concept of the project and compliance with this Section and the Drawings. Errors and omissions on approved shop drawings shall not relieve the Contractor from the responsibility of providing materials and workmanship required by this Section and the Drawings. J. All dimensions shall be field verified at the job site and coordinated with the work of all other trades. K. Material shall not be ordered or shipped until the shop drawings have been approved. No material shall be ordered or shop work started if shop drawings are marked "APPROVED AS NOTED-CONFIRM", "APPROVED AS NOTED-RESUBMIT" or "NOT APPROVED". L. Operation and Maintenance Data 1. Submit operations and maintenance data for equipment furnished under this Division, in accordance with Section 01730. The manuals shall be prepared specifically for this installation and shall include catalog data sheets,drawings,equipment lists,descriptions, parts lists,etc, to instruct operating and maintenance personnel unfamiliar with such equipment. 2. Manuals shall include the following as a minimum: a. A comprehensive index. b. A complete"As-Built" set of approved shop drawings. c. A complete list of the equipment supplied, including serial numbers,ranges and pertinent data. i d. A table listing of the"as left" settings for all timing relays and alarm and trip setpoints. e. System schematic drawings "As-Built", illustrating all components, piping and electric 00 connections of the systems supplied under this Section. f. Detailed service, maintenance and operation instructions for each item supplied. "' 16000-3 g. Special maintenance requirements particular to this system shall be clearly defined, along with special calibration and test procedures. h. The operating instructions shall also incorporate a functional description of the entire system, with references to the systems schematic drawings and instructions. i. Complete parts list with stock numbers, including spare parts. 1.04 REFERENCE STANDARDS A. Electric equipment,materials and installation shall comply with the National Electrical Code (NEC)and with the latest edition of the following codes and standards: 1. National Electrical Safety Code(NESC) 2. Occupational Safety and Health Administration(OSHA) 3. National Fire Protection Association(NFPA) 4. National Electrical Manufacturers Association(NEMA) 5. American National Standards Institute(ANSI) 6. Insulated Cable Engineers Association(ICEA) 7. Instrument Society of America(ISA) 8. Underwriters Laboratories(UL) a 9. Factory Mutual(FM) 10. National Electrical Testing Association(NETA) B. Where reference is made to one of the above standards,the revision in effect at the time of bid opening shall apply. 1.05 PRIORITY OF THE CONTRACT DOCUMENTS A. If,during the performance of the work,the Contractor finds a conflict,error or discrepancy between or among one or more of the Sections or between or among one or more Sections and the Drawings, furnish the higher performance requirements. The higher performance requirement shall be considered the equipment,material, device or installation method which represents the most stringent option,the highest quality or the largest quantity. B. In all cases,figured dimensions shall govern over scaled dimensions,but work not dimensioned shall be as directed by the Engineer and work not particularly shown, identified, sized, or located shall be the same as similar work that is shown or specified. 16000-4 ' ' C. Detailed Drawings shall govern over general drawings, larger scale Drawings take precedence over smaller scale Drawings,Change Order Drawings shall govern over Contract Drawings and Contract Drawings shall govern over Shop Drawings. D. If the issue of priority is due to a conflict or discrepancy between the provisions of the Contract Documents and any referenced standard,or code of any technical society,organization or association,the provisions of the Contract Documents will take precedence if they are more stringent or presumptively cause a higher level of performance. If there is any conflict or ' discrepancy between standard specifications,or codes of any technical society,organization or association, or between Laws and Regulations,the higher performance requirement shall be binding on the Contractor, unless otherwise directed by the Engineer. E. In accordance with the intent of the Contract Documents,the Contractor accepts the fact that compliance with the priority order specified shall not justify an increase in Contract Price or an extension in Contract Time nor limit in any way,the Contractor's responsibility to comply with all Laws and Regulations at all times 1.06 AREA CLASSIFICATION AND ENCLOSURE TYPES 4. A. Unless otherwise specified herein or shown on the Drawings,electrical enclosures shall have the following ratings: 1. NEMA 1 for dry, non-process indoor above grade locations(i.e. administration areas, laboratories,control rooms, storage rooms). 1.07 CODES, INSPECTION AND FEES A. Equipment, materials and installation shall comply with the requirements of the local authority having jurisdiction. B. Obtain all necessary permits and pay all fees required for permits and inspections. 1.08 TESTS AND SETTINGS A. Test systems and equipment furnished under Division 16 and repair or replace all defective work and equipment. Refer to the individual equipment sections for additional specific testing requirements. B. Make adjustments to the systems and instruct the Owner's personnel in the proper operation of the systems. C. In addition to the specific testing requirements listed in the individual Sections,the following minimum tests and settings shall be performed. 1. Mechanical inspection, testing and settings of circuit breakers,disconnect switches, motor starters,overload relays,control circuits and equipment for proper operation. 2. Check interlocking, control and instrument wiring for each system and/or par of a system to prove that the system will function properly as indicated by control schematic and wiring diagrams. 16000-5 �K D. Testing shall be scheduled and coordinated with the Owner at least 2 weeks in advance. Provide qualified test personnel, instruments and test equipment. 1.09 INTERPRETATION OF DRAWINGS A. The Drawings are not intended to show exact locations of conduit runs. Coordinate the conduit installation with other trades and the actual supplied equipment. , B. Install each 3 phase circuit in a separate conduit unless otherwise shown on the Drawings. C. Unless otherwise approved by the Engineer,conduit shown exposed shall be installed exposed; conduit shown concealed shall be installed concealed. D. Where circuits are shown as "home-runs"all necessary fittings and boxes shall be provided for a complete raceway installation. E. Verify the exact locations and mounting heights of lighting fixtures, switches and receptacles . prior to installation. F. Except where dimensions are shown,the locations of equipment, fixtures,outlets and similar devices shown on the Drawings are approximate only. Exact locations shall be determined by the Contractor and approved by the Engineer during construction. Obtain information relevant to the placing of electrical work and in case of any interference with other work,proceed as directed by the Engineer and furnish all labor and materials necessary to complete the work in an approved manner. G. Circuit layouts are not intended to show the number of fittings,or other installation details. Furnish all labor and materials necessary to install and place in satisfactory operation all power, lighting and other electrical systems shown. H. Redesign of electrical or mechanical work, which is required due to the Contractors use of an alternate item, arrangement of equipment and/or layout other than specified herein, shall be done by the Contractor at his/her own expense. Redesign and detailed plans shall be submitted to the Engineer for approval. No additional compensation will be provided for changes in the work, either his/her own or others,caused by such redesign. 1.10 PHASE BALANCING A. The Drawings do not attempt to balance the electrical loads across the phases. Circuits on motor control centers and panelboards shall be field connected to result in evenly balanced loads across all phases. B. Field balancing of circuits shall not alter the conductor color coding requirements as specified in Section 16120. 1.11 SIZE OF EQUIPMENT 16000-6 �l A. Investigate each space in the structure through which equipment must pass to reach its final location. Coordinate shipping splits with the manufacturer to permit safe handling and passage through restricted areas in the structure. B. The equipment shall be kept upright at all times during storage and handling. When equipment must be tilted for passage through restricted areas, brace the equipment to ensure that the tilting does not impair the functional integrity of the equipment. 1.12 RECORD DRAWINGS A. As the work progresses, legibly record all field changes on a set of Project Contract Drawings, hereinafter called the "Record Drawings". B. Record Drawings shall accurately show the installed condition of the following items: 1. One-line Diagram(s). 2. Raceways and pullboxes. 3. Conductor sizes and conduit fills. 4. Panel Schedule(s). 5. Control Wiring Diagram(s). 6. Lighting Fixture Schedule(s). 7. Lighting fixture,receptacle and switch outlet locations. 8. Underground raceway and duct bank routing. 9. Plan view,sizes and locations of equipment and panelboards. C. Submit a schedule of control wiring raceways and wire numbers, including the following information: 1. Circuit origin, destination and wire numbers. r 2. Field wiring terminal strip names and numbers. D. As an alternate,point-to-point connection diagrams showing the same information may be submitted in place of the schedule of control wiring raceways and wire numbers. E. Submit the record drawings and the schedule of control wiring raceways and wire numbers(or the point-to-point connection diagram)to the Owner. „ 1.13 EQUIPMENT INTERCONNECTIONS 16000-7 A. Review shop drawings of equipment furnished under other related Divisions and prepare coordinated wiring interconnection diagrams or wiring tables. Submit copies of wiring diagrams or tables with Record Drawings. B. Furnish and install all equipment interconnections. 1.14 MATERIALS AND EQUIPMENT A. Materials and equipment shall be new,except where specifically identified on the Drawings to be re-used. B. Material and equipment of the same type shall be the product of one manufacturer and shall be UL listed. C. Warrant all equipment furnished under Division 16 in accordance with Section 01750. Refer to individual equipment sections for additional warranty items. 1.15 EQUIPMENT IDENTIFICATION A. Identify equipment(disconnect switches, separately mounted motor starters,control stations, etc)furnished under Division 16 with the name of the equipment it serves. Motor control centers,control panels,panelboards,switchboards,switchgear,junction or terminal boxes, transfer switches,etc,shall have nameplate designations as shown on the Drawings. B. Nameplates shall be engraved, laminated plastic,not less than I/16-in thick by 3/4-in by 2-1/2-in with 3/16-in high white letters on a black background. C. Nameplates shall be screw mounted to NEMA 1 enclosures. Nameplates shall be bonded to all -Ak other enclosure types using an epoxy or similar permanent waterproof adhesive. Two sided foam adhesive tape is not acceptable. Where the equipment size does not have space for mounting a nameplate the nameplate shall be permanently fastened to the adjacent mounting surface. 1.16 DEMOLITION , A. Remove electrical work associated with equipment scheduled for demolition except those portions indicated to remain or be reused. B. Remove unused exposed conduit and wiring back to point of concealment including abandoned _ conduit above accessible ceiling finishes. Remove unused wiring in concealed conduits back to source(or nearest point of usage). " C. Disconnect abandoned outlets and remove devices. Remove abandoned outlets if conduit servicing them is abandoned and removed. Provide blank covers for abandoned outlets which + are not removed. D. Disconnect and remove abandoned panelboards,disconnect switches,control stations, distribution equipment,etc. E. Repair adjacent construction and finishes damaged during demolition and extension work. 16000-8 z a " F. Where electrical systems pass through the demolition areas to serve other portions of the premises,they shall remain or be suitably relocated and the system restored to normal operation. G. Coordinate outages in systems with the Owner. Where duration of proposed outage cannot be " allowed by the Owner,provide temporary connections as required to maintain service. H Removal and relocation of existing conduit, wire and equipment have not been detailed on the Drawings. Survey the affected areas before submitting bid proposal. I. Trace out existing wiring that is to be relocated,or removed and preform the relocation or removal work as required for a complete operating and safe system J. Continuous service is required on all circuits and outlets affected by these changes,except where the Owner will permit an outage for a specific time. Obtain Owner's consent before removing any circuit from continuous service. K. Remove exposed conduits, wireways, outlet boxes,pull boxes and hangers made obsolete by the alterations, unless specifically designated to remain. Patch surfaces and provide blank covers for abandoned outlets which are removed. L. All equipment,materials,controls, motor starters, branch and feeder breakers, panelboards, transformers, wiring,raceways,etc,furnished and installed to temporarily keep circuits energized shall be removed when the permanent installation is fully operational.] d� 1.17 DISPOSITION OF REMOVED MATERIALS AND EQUIPMENT A. In general,it is intended that material and equipment indicated to be removed and disposed of by the Contractor shall,upon removal, become the Contractor's property and shall be disposed of off the site by the Contractor,unless otherwise directed by the Owner. A receipt showing acceptable disposal of any legally regulated materials or equipment shall be given to the Owner. ,r B. The following electrical equipment shall be removed and shall be moved by the Contractor to a location on the site for storage as directed by the Owner: 1. Existing Isolation transformer. 2. Existing panelboard. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 SLEEVES AND FORMS FOR OPENINGS �M A. Seal all openings, sleeves, penetration and slots as specified in Section 16110. 3.02 CUTTING AND PATCHING +O 16000-9 A. Cutting and patching shall be done in a thoroughly workmanlike manner and be in compliance with modifications and repair to concrete as specified in Section 01045. Sawcut concrete and masonry prior to breaking out sections. B. Core drill holes in concrete floors and walls as required. C. Install work at such time as to require the minimum amount of cutting and patching. D. Do not cut joists, beams,girders,columns or any other structural members. E. Cut opening only large enough to allow easy installation of the conduit. F. Patching to be of the same kind and quality of material as was removed. G. The completed patching work shall restore the surface to its original appearance or better. H. Patching of waterproofed surfaces shall render the area of the patching completely waterproofed. ,R I. Remove rubble and excess patching materials from the premises. J. When existing conduits are cut at the floor line of wall line,they shall be filled with grout of suitable patching material. 3.03 INSTALLATION A. Any work not installed according to the Drawings and this Section shall be subject to change as directed by the Engineer. No extra compensation will be allowed for making these changes. B. Electrical equipment shall be protected at all times against mechanical injury or damage by water. Electrical equipment shall not be stored outdoors. Electrical equipment shall be stored in dry permanent shelters. Do not install electrical equipment in its permanent location until structures are weather-tight. If any apparatus has been subject to possible injury by water, it shall be thoroughly dried out and tested as directed by the Engineer,or shall be replaced at no additional cost at the Engineer's discretion. C. Equipment that has been damaged shall be replaced or repaired by the equipment manufacturer, at the Engineer's discretion. D. Repaint any damage to factory applied paint finish using touch-up paint furnished by the equipment manufacturer. The entire damaged panel or section shall be repainted per the field painting requirements Section 09902,at no additional cost to the Owner. 3.04 MANUFACTURERS SERVICE A. Provide manufacturer's services for testing and start-up of the following equipment: 1. Uninterruptible Power Supply(UPS) (_2_days_1_trip minimum) 2. Emergency Generators (_2_days_1_trip minimum) 16000-10 i B. Testing and startup shall not be combined with training. Testing and start-up time shall not be used for manufacturers warranty repairs. 3.05 TRAINING A. Provide manufacturer's services for training of plant personnel in operation and maintenance of the equipment furnished under Division 16. 1. Uninterruptible Power Supply(UPS) (_I_days_I_trips minimum) B. The cost of training programs to be conducted with Owner's personnel shall be included in the N Contract Price. The training and instruction,insofar as practicable, shall be directly related to the system being supplied. C. Provide detailed O&M manuals to supplement the training courses. The manuals shall include specific details of equipment supplied and operations specific to the project. D. The training program shall represent a comprehensive program covering all aspects of the operation and maintenance of each system 40 E. All training schedules shall be coordinated with and at the convenience of the Owner. Shift training may be required to correspond to the Owner's working schedule. END OF SECTION 00 16000-11 THIS PAGE LEFT BLANK INTENTIONALLY SECTION 16110 RACEWAYS,BOXES,FITTINGS AND SUPPORTS PART 1 GENERAL 1.01 SCOPE OF WORK A. Furnish and install complete raceway systems as shown on the Drawings and as specified herein. B. Raceways and conductors that are listed on the raceway and conductor schedules are generally not shown on the Drawings,except where they are required to pass through a restricted or designated space. Conduits indicated to be run"exposed"on the schedules shall be run near the ceilings or along the walls of the areas through which they pass and shall be routed to avoid conflicts with HVAC ducts,cranes and hoists,lighting fixtures,doors and hatches,etc. Conduits indicated to be run concealed shall be run in the center of concrete floor slabs,in partitions,or above hung ceilings,as required. 1.02 RELATED WORK 40 A. Section 16120: Wires and Cables(600 Volt Maximum) 1.03 SUBMITTALS A. Submit to the Engineer,in accordance with Section 01300,the manufacturers'names and product designation or catalog numbers of all materials specified. PART 2 PRODUCTS 2.01 MATERIALS Y A. Rigid Steel Conduit 1. Rigid steel conduit interior and exterior shall be hot-dipped galvanized and be as manufactured by the Allied Tube and Conduit Corp.;Wheatland Tube Co.;Triangle PWC Inc.or equal. B. Boxes and Fittings 1. Pressed steel switch and outlet boxes shall be hot-dipped galvanized as manufactured by the Raco Manufacturing Co.;Adalet Co.;O.Z.Manufacturing Co.or equal. ■ 2. Terminal boxes,junction boxes,pull boxes,etc,shall be sheet steel unless otherwise shown on the Drawings. Boxes shall be galvanized and have continuously welded seams. Welds shall be ground smooth and galvanized. Box bodies shall be flanged and shall not have holes or knockouts. Box bodies shall not be less than 14 gauge metal and covers shall not be less than 12 gauge metal. Covers shall be gasketed and fastened with stainless steel screws. Terminal boxes shall be furnished with hinged doors,terminal mot*idn Waps-an4-- brackets. Terminal blocks shall be NEMA type,not less than 20 Amps.,600 Volt,_Boxes -�, '* 161101 ('7r A. Unless shown on the Drawings or specified otherwise,all wiring shall be installed in raceways. B. Unless shown on the Drawings or specified otherwise,the conduit type installed with respect to the location shall be as follows: Conduit Type Location 1. Rigid Galvanized Steel Exposed,non-corrosive area 2. Flexible Metal Raceway connection to motors or vibrating equipment. A. Unless shown on the Drawings or specified otherwise,all wiring shall be installed in raceways. B. Unless shown on the Drawings or specified otherwise,the conduit type installed with respect to the location shall be as follows: Conduit Type Location 1. Rigid Galvanized Steel Exposed, non-corrosive area 2. Flexible Metal Raceway connection to motors or vibrating equipment. C. All conduit of a given type shall be the product of one manufacturer. 3.02 BOX APPLICATIONS A. Unless otherwise specified herein or shown on the Drawings,all boxes shall be metal. B. Exposed switch, receptacle and lighting outlet boxes and condulet fittings shall be cast or malleable iron. C. Concealed switch, receptacle and lighting outlet boxes shall be pressed steel. D. Terminal boxes,junction boxes and pull boxes shall have NEMA ratings suitable for the location in which they are installed,as specified in Section 16000. 3.03 FITTINGS APPLICATIONS A. Combination expansion-deflection fittings shall be used where conduits cross structure expansion joints. Provide bonding jumpers around fittings. B. Conduit wall seals shall be used where underground conduits penetrate walls or at other locations shown on the Drawings. C. Conduit sealing bushings shall be used to seal conduit ends exposed to the weather and at other locations shown on the Drawings. 3.04 INSTALLATION A. No conduit smaller than 3/4-in electrical trade size shall be used, nor shall any have more than the equivalent of three 90 degree bends in any one run. Pull boxes shall be provided as required or directed. B. No wire shall be pulled until the conduit system is complete in all details. C. The ends of all conduits shall be tightly plugged to exclude dust and moisture during construction. D. Conduit supports,other than for underground raceways, shall be spaced at intervals of 8-ft or less,as required to obtain rigid construction. 16110-3 E. Single conduits shall be supported by means of one-hole pipe clamps in combination with one-screw back plates,to raise conduits from the surface. Multiple runs of conduits shall be supported on trapeze type hangers with steel horizontal members and threaded hanger rods. The rods shall be not less than 3/8-in diameter. Surface mounted panel boxes,junction boxes, conduit,etc, shall be supported by spacers to provide a minimum of 1/2-in clearance between wall and equipment. F. Conduit hangers shall be attached to structural steel by means of beam or channel clamps. Where attached to concrete surfaces,concrete inserts of the spot type shall be provided. G. All conduits on exposed work, within partitions and above suspended ceilings, shall be run at right angles to and parallel with the surrounding wall and shall conform to the form of the ceiling. No diagonal runs will be allowed. Bends in parallel conduit runs shall be concentric. All conduit shall be run perfectly straight and true. H. Conduit terminating in pressed steel boxes shall have double locknuts and insulated bushings. I. Conduits containing equipment grounding conductors and terminating in sheet steel boxes shall have insulated throat grounding bushings. J. Conduits shall be installed using threaded fittings. K. Flexible metal conduit shall be used for all motor terminations,the primary and secondary of i transformers,generator terminations and other equipment where vibration is present. L. Flexible couplings shall be used in hazardous locations for all motor terminations and other equipment where vibration is present. M. Where conduits pass through openings in walls or floor slabs,the remaining openings shall be sealed against the passage of flame and smoke. N. Conduit ends exposed to the weather shall be sealed with conduit sealing bushings. O. Emergency(generator)source and normal(power company) source feeders shall not run through the same pull box. P. Expansion fittings shall be used on exposed runs of PVC conduit where required for thermal expansion. Installation and number of fittings shall be as recommended by manufacturer. Q. All conduit entering or leaving a motor control center, switchboard or other multiple compartment enclosure shall be stubbed up into the bottom horizontal wireway or other manufacturer designated area,directly below the vertical section in which the conductors are to be terminated. R. A conduit identification plate shall be installed on all power, instrumentation, alarm and control conduits at each end of the run and at intermediate junction boxes, manholes, etc. Conduit plates shall be installed before conductors are pulled into conduits. Exact identification plate location shall be coordinated with the Engineer at the time of installation to provide uniformity of placement and ease of reading. Conduit numbers shall be exactly as shown on the Drawings. S. Conduits noted as spare shall be capped or plugged at both ends with easily removable fittings. 16110-4 T. Mandrels shall be pulled through all existing conduits which will be reused and through all new conduits 2-in in diameter and larger prior to installing conductors. U. 3/16-in polypropylene pull lines shall be installed in all new conduits noted as spares or designated for future equipment. V. All conduit which may under any circumstance contain liquids such as water,condensation, liquid chemicals, etc, shall be arranged to drain away from the equipment served. If conduit drainage is not possible, conduit seals shall be used to plug the conduits. W. Where no type or size is indicated for junction boxes, pull boxes or terminal cabinets, they shall be sized in accordance with the requirements of NEC Article 370. X Miscellaneous steel for the support of fixtures, boxes, transformers, starters,contactors, panels and conduit shall be furnished and installed. Y. Steel channels, flat iron and channel iron shall be furnished and installed for the support of all electrical equipment and devices, where required, including all anchors, inserts, bolts, nuts, washers, etc, for a rigid installation. Z. Conduits shall not cross pipe shafts, access hatches or vent duct openings. They shall be routed to avoid such present or future openings in floor or ceiling construction. AA. The use of running threads is prohibited. Where such threads are necessary, a 3-piece union shall be used. BB. Conduits passing from heated to unheated spaces,exterior spaces, refrigerated spaces, cold air plenums, etc, shall be sealed with "Duxseal" as manufactured by Manville or seal fitting to prevent the accumulation of condensation. CC. Conduits shall be located a minimum of 3-in from steam or hot water piping. Where crossings are unavoidable, the conduit shall be kept at least 1-in from the covering of the pipe crossed. DD. Provide sway braces for cable trays and busducts. Sway braces shall be U-channel supports installed at a 45 degree angle from the tray or busduct and anchored to the concrete ceiling structure or structural support system. Braces shall be provided on 20-ft spacing centers. Alternate the direction of the bracing supports. EE. Rigid galvanized steel conduits buried in earth shall be completely painted with bitumastic. FF. Rigid galvanized steel conduits which have been field cut and threaded shall be painted with cold galvanizing compounds. GG. Rigid galvanized steel conduit shall be used for elbows and risers at the utility pole for electrical r and telephone service conduits. HH. Rigid galvanized steel elbows shall be used for pad-mounted transformer stub-ups. END OF SECTION 16110-5 THIS PAGE LEFT BLANK INTENTIONALLY SECTION 16120 WIRES AND CABLES (600 VOLT MAXIMUM) PART 1 GENERAL 1.01 SCOPE OF WORK A. Furnish, install and test all wire,cable and appurtenances as shown on the Drawings and as specified herein. 1.02 RELATED WORK �.; A. Section 16110: Raceways, Boxes,Fitting and Supports. 1.03 SUBMITTALS A. Submit to the Engineer, in accordance with Section 01300. B. Installed unapproved wire shall be removed and replaced at no additional cost to the Owner. 1.04 DELIVERY, STORAGE AND HANDLING A. Carefully handle all conductors to avoid kinks and damage to insulation. PART 2 PRODUCTS 2.01 GENERAL A. Wires and cables shall be of annealed, 98 percent conductivity, soft drawn copper. B. All conductors shall be stranded, except that lighting and receptacle wiring may be solid. C. Except for control, signal and instrumentation circuits, wire smaller than No. 12 AWG shall not be used. 2.02 BUILDING WIRE A. Wire for lighting, receptacles and other circuits not exceeding 150 Volts to ground shall be NEC type THHN/THWN as manufactured by the Okonite Co.; Carol Cable Co. Inc.; Pirelli Cable Corp. or equal. B. Wire for circuits over 150 Volts to ground shall be NEC type THHN/THWN for sizes#6 AWG and smaller and shall be NEC type XHHW for sizes#4 AWG and larger as manufactured by the Okonite Co.; Carol Cable Co. Inc.; Pirelli Cable Corp. or equal. 2.03 MOTOR CONNECTIONS 16120-1 A. Motor connections shall be ring type mechanical compression terminations installed on the branch circuit wires and the motor leads and secured with bolt,nut and springwasher. Connections shall be insulated with a Raychem Type RVC,roll-on stub insulator or equal. 2.04 CONDUCTOR AND CABLE TAGS A Tags relying on adhesives or taped-on markers are not acceptable. B. Wire tags shall be heat shrink type"Brady"or approved equal with the tag numbers typed with an indelible marking process. Character size shall be a minimum of 18/"in height.Hand written tags shall not be acceptable. C. Cable tags shall be engraved plastic (phenolic)with an approved color coded background(see below) and white characters of a minimum character size 3/16"in height. Cable tags color) shall be color coded as follows. Attach these tags to cables with nylon tie cord. Cable Type Tag Color 600 V and less Power&Control Orange Instrumentation Cable Black Data Communications Cable Blue D. Tagging shall be done in accordance with the execution portion of these Specifications. 2.05 WIRE COLOR CODE A. All wire shall be color coded or coded using electrical tape in sizes where colored insulation isK, not available.Where tape is used as the identification system, it shall be applied in all junction boxes,manholes and other accessible intermediate locations as well as at each termination. B. The following coding shall be used: System Wire Color 208Y/120,Volts Neutral White 3-Phase,4-Wire Phase A Red Phase B Black Phase C Blue 480Y/277 Volts Neutral Gray/White with one or more 3-Phase,4-Wire colored stripes ++ Phase A Brown Phase B Yellow Phase C Purple 2.06 WIRE AND CABLE MARKERS A. Wire and cable markers shall be"Omni-Grip"as manufactured by the W.H.Brady Co.; Thomas& Betts Co.; 3M Co. or equal. A. Wire and cables with diameters exceeding the capacity of the "Omni-Grip" shall be marked with 16120-2t pre-printed, self-adhesive vinyl tapes as manufactured by the W.H.Brad Co.; Panduit Corp. or equal. 2.07 WALL AND FLOOR SLAB OPENING SEALS A. Wall and floor slab openings shall be sealed with "FLAME-SAFE" as manufactured by the Thomas &Betts Corp. or equal. PART 3 EXECUTION 3.01 INSTALLATION A. Uniquely identify all wires, cables and each conductor of multi-conductor cables (except lighting and receptacle wiring) at each end with wire and cable markers. B. Use lubrications to facilitate wire pulling. Lubricants shall be UL approved for use with the insulation specified. 3.02 TERMINATIONS AND SPLICES A. Power conductors: No splices will be allowed for new wires unless approved by the Owner. B. Control Conductors: Termination on saddle-type terminals shall be wired directly with a maximum of two conductors. Termination on screw type terminals shall be made with a maximum of two spade connectors. Splices (where allowed) shall be made with insulated compression type connectors. C. Instrumentation Signal Conductors (including graphic panel, alarm, low and high level signals): terminations same as for control conductors. Splices allowed at instrumentation terminal boxes only. D. Except where permitted by the Engineer no splices will be allowed in manholes, handholes or other below grade located boxes. E. Splices shall not be made in push button control stations, control devices (i.e., pressure switches, flow switches,etc),conduit bodies, etc. 3.03 INSTRUMENTATION CABLES A. Instrumentation cables shall be installed in rigid steel raceways as specified. All circuits shall be installed as twisted pairs or triads. In no case shall a circuit be made up using conductors from different pairs or triads. Triads shall be used wherever three wire circuits are required. B. Terminal blocks shall be provided at all instrument cable junction, and all circuits shall be identified at such junctions. C. Shielded instrumentation wire,coaxial, data highway, UO and fiberoptic cables shall be run without splices between instruments, terminal boxes, or panels. 16120-3 D. Shields shall be grounded as recommended by the instrument manufacturer and isolated at all other locations. Terminal blocks shall be provided for inter-connecting shield drain wires at all junction boxes. Where individual circuit shielding is required, each shield circuit shall be provided with its own block. E. Seal openings in slabs and walls through which wires and cables pass. 3.04 FIELD TESTING A. Test all 600 Volt wire insulation with a megohm meter after installation. Make tests at not less than 500 Volt. Submit a written test report of the results to the Engineer. END OF SECTION 16120-4 SECTION 16140 LIGHT SWITCHES AND RECEPTACLES PART 1 GENERAL 1.01 SCOPE OF WORK A. Furnish all labor,materials,equipment and install wiring devices as shown on the Drawings and as specified herein. B. Provide all interconnecting conduit and branch circuit wiring for receptacle circuits in accordance with the NEC. 1.02 RELATED WORK A. Outlet boxes are included in Section 16110. 1.03 SUBMITTALS A. Submittals shall be in accordance with in Section 16000. 1.04 REFERENCE STANDARDS A. Wiring devices shall comply with the requirements of the National Electric Code(NEC) and shall be Underwriters Laboratories (UL) labeled. PART 2 PRODUCTS 2.01 MATERIALS A. Wall switches shall be heavy duty, specification grade,toggle action,flush mounting quiet type. All switches shall conform to the latest revision of Federal Specification WS 896. Wall switches shall be of the following types and manufacturer: 1. Single pole,20 Amp, 120/277 Volt-Arrow-Hart,Catalog No. 1991, similar to Harvey Hubbell,Inc.; Pass&Seymour, Inc.or equal. 2. Double pole,20 Amp, 120/277 Volt-Arrow-Hart,Catalog No. 1992, similar by Harvey Hubbell, Inc.;Pass&Seymour, Inc.or equal. 3. Three way, 20 Amp, 120/277 Volt-Arrow-Hart,Catalog No. 1993, similar by Harvey Hubbell,Inc.;Pass&Seymour, Inc. or equal. 4. Four way, 20 Amp, 120/277 Volt-Arrow-Hart, Catalog No. 1994, similar by Harvey Hubbell,Inc.; Pass&Seymour, Inc. or equal. 5. Single pole, 20 Amp, 120/277 Volt-key operated,Arrow-Hart Catalog No. 1991- L, similar by Harvey Hubbell, Inc.; Pass &Seymour, Inc. or equal. r 16140-1 Ir 2. Four full capacity taps shall be furnished,two 2-1/2 percent above and two 2-1/2 percent below rated primary voltage. 3. Maximum temperature rise shall be 115 degrees C. Windings shall be copper. 4. Transformers shall be built in accordance with ANSI C89.2 and NEMA ST-20. 5. Transformers shall be furnished with mounting hardware. 6. Transformers shall be manufactured by the General Electric Co. or equal. D. Wireway 1. NEMA 1 wireway shall be painted steel with screw covers. 2. NEMA 1 wireway shall be Square-Duct as manufactured by the Square D Co. E. Equipment Identification Nameplates 1. All field mounted electrical equipment such as disconnects,push button stations, etc, shall be provided with a weather resistant engraved laminoid equipment identification nameplate screwed or bolted adjacent to the device. Nameplate shall ' identify the mechanical equipment controlled exactly as shown on the electrical singleline drawings(i.e., P-95 Cooling Water Pump No. 1). F. Equipment Mounting Stands I. Equipment mounting stands shall be custom fabricated from 1/4-in steel plate and 4-in steel channel, as shown on the Drawings. 2. Hot dip galvanizing shall conform to the requirements of Division 5. G. Protection Against Lightning and Switching Transients 1. The service entrance SPD(surge protection device)shall have protection in the L- ' N(GND)mode only as N-GND bonding is required at the service entrance by NEC 2002. Therefore no separate N-GND protection is necessary. 2. The SPD technology shall consist of coordinated two-stage protection to provide protection against IEEE C62.41.1-2002 defined Scenario II direct strike lightning events and Category C switching transients. The two-stage protection concept includes current limiting arc gap lightning arrestor components and MOV TVSS (Transient Voltage Surge Suppressor)components. 3. The lightning arrestor components shall provide the following: a. The lightning arrester components shall have a protection level of 900 volts for systems with nominal voltage<230VAC L-GND and 1.5kV for systems with nominal voltage>230VAC L-GND. 16191-2 It b. The lightning arrester components shall have a maximum rated operating voltage of at least 330 VAC from line to ground c. The lightning arrester components shall be tested to withstand at least 50 kA. of lightning test current of a 10/350µs waveform described by IEC 1024/Application Guide A and by IEEE C62.41.2 Appendix A. d. The lightning arrester components shall be able to quench 50 kA of follow (short circuit)current without properly sized over-current devices opening. e. The lightning arrester components shall have a response time of<25 ns or faster. f. The lightning arrester components shall have an operating temperature range of-40°C to+85 T. V g. The lightning arrester components shall be wired in series with a fuse capable of withstanding at least 100kA 8/20µs surge current and which has a 200 LAIC rating. This fuse shall be specifically designed for use with surge protection devices. 4. The TVSS components shall provide the following: a. The TVSS component shall be designed to withstand a one time surge of up to a 40 kA test current of a(8/20)µs waveform according to IEC 1024 Application Guide A and ANSI/IEEE C62.41.1 Category C Area. b. The TVSS components shall have a SPDT contact rated for 250 VAC, 1 amp used for remote indication/visual indicator of circuit integrity. c. The TVSS components shall have a rating of IP20 according to IEC 529. d. The TVSS components shall be modular with field replacement capability without the removal of any wires nor shall it interrupt the power to the protected. Bases shall have the ability to be coded to accept only the correct voltage plug. e. The TVSS components shall have integral label holder to mark each terminal block. f. The TVSS components shall have an operating temperature range of at least- 25°C to+75°C. g. The TVSS components shall have a one nanosecond or less response time. 5. The SPD shall be UL listed or recognized to UL 1449 2°d edition. 6. The SPD shall have the following maximum SVR (surge voltage rating as defined by UL 1449 6kV/3kA combination waveform) measured in the L-N(GND) mode: 16191-3 a. 2 kV for 480 DELTA systems. b. 1.2 kV for 480Y/277 systems. ow c. 800 V for 208Y/120 systems. 7. The SPD shall have the following Measured Limiting Voltage while discharging 50 kA of surge current: a. 2 kV for 480 DELTA systems. b. 1.5 kV for 480Y/277 systems. C. 1 kV for 208Y/120 systems. 8. The SPD shall have visual indication of TVSS component and fuse failure. 9. SPD shall be Phoenix Contact Systemtrab Flashtrab+CTRL or approved equal. H. Surge Capacitor 1. Surge Capacitor shall be 650 Volt, 3 Phase, non-toxic liquid insulated. 2. Surge Capacitor shall be General Electric Co.,Catalog No. 9L18BAB301; Square D Co.; Cutler-Hammer,or equal. PART 3 EXECUTION 3.01 INSTALLATION A. Mounting Stands 1. Field mounted disconnects,pushbutton control stations,etc,shall be mounted on steel stands as shown on the Drawings. Where clearance requirements for stands may not be maintained,the Engineer may direct equipment to be wall-mounted adjacent to the drive,but in no case shall the distance from the drive motor to the control station exceed 3-ft. END OF SECTION 16191-4 '"' SECTION 16220 EMERGENCY GENERATOR WITH AUTOMATIC TRANSFER SWITCH PART 1 GENERAL 1.01 SCOPE OF WORK A. Furnish to the City a skid mounted standby generator in a sound attenuated enclosure as specified herein. The generating plant shall be skid mounted, factory pre-piped and wired, and enclosed in a sound attenuated enclosure. Provide with fuel tank mounted on the skid. The work io includes furnishing all necessary materials,equipment, labor and services to deliver a functional emergency diesel generator with automatic transfer switch to the Eagle Mountain Water Treatment Plant, 6801 Bowman Roberts Road,Fort Worth,Texas 76179. 1 B. It is the intent to have a single source responsibility(one supplier)for the engine generator and automatic transfer switch. The generator system is intended for standby duty. However generator shall be capable of operating continuous for several days at a time. The complete system, including all accessories and transfer switch, shall be tested at the manufacturer's facility. 1.02. DESCRIPTION OF SYSTEM A. Provide a standby diesel fueled power system to supply electrical power in event of failure of normal supply,consisting of a liquid cooled engine, an AC alternator and system controls with all necessary accessories for a complete operating system, including but not limited to the items as specified hereinafter. The complete power generation system, including the Automatic Transfer Switch, shall be furnished by a single manufacturer who shall be responsible for the design,coordination,functioning, and testing of the complete generator systems. 1.03 CODES AND STANDARDS A An electric generating system,consisting of a prime mover,generator,governor,coupling and all controls, must have been tested,as a complete unit,on a representative engineering prototype model of the equipment to be sold. B. The generator set must conform to applicable National Electrical Code and applicable inspection authorities. The generator set and supplied accessories shall meet the requirements of the following standards: �M1r 1. IEEE446—Recommended Practice for Emergency and Standby Power Systems for Commercial and Industrial Applications 2. Mil Std 461D—1993. Military Standard,Electromagnetic Interference Characteristics. 3. Mil Std 462D- 1993. Military Standard, Measurement of Electromagnetic Interference Characteristics. err 16220-1 4. NFPA70—National Electrical Code. Equipment shall be suitable for use in systems in compliance to Article 700, 701, and 702. 5. NFPA 110—Emergency and Standby Power Systems. The generator set shall meet all requirements for Level 1 systems. Level 1 prototype tests required by this standard shall have been performed on a complete and functional unit. Component level type tests will not substitute for this requirement. 6. NEMA MGI-1998 Part 32. Alternator shall comply with the requirements of this standard. 7. UL 142—Sub-base Tanks 8. UL1236—Battery Chargers 9. UL2200. The generator set shall be listed to UL2200 or submit to an independent third party certification process to verify compliance as installed. .. C. The generator set must be available with the Underwriters Laboratories listing as a stationary engine generator assembly. D. The control system for the generator set shall comply with the following standards. 1. CSA C22.2,No. 14—M91 Industrial Control Equipment. r 2. EN50082-2,Electromagnetic Compatibility—Generic Immunity Requirements,Part 2: Industrial. 3. EN55011,Limits and Methods of Measurement of Radio Interference Characteristics of Industrial, Scientific and Medical Equipment. 4. IEC8528 part 4. Control Systems for Generator Sets .0, 5. IEC Std 801.2, 801.3, and 801.5 for susceptibility,conducted, and radiated electromagnetic emissions. 6. UL508A. The entire control system of the generator set shall be UL508A listed and labeled. a(� 1.04 SUBMITTAL AND SHOP DRAWINGS A. Process catalog data submittals for the following: 1. Engine 2. Generator 3. Automatic Transfer Switch 4. Control panel 5. Battery charger 6. Jacket water heater 7. Enclosure 16220-2 8. Muffler 9. Day Tank 10. Standard and Optional Accessories 11. Diagram showing auxiliary relay contact terminations B. Process dimensioned shop drawings for the generator set skid showing sub-base fuel tank, automatic transfer switch,enclosure,control panel,circuit breaker, silencer(muffler)and accessories. C. Process shop drawings for the schematic wiring and interconnection diagrams identifying by terminal number each required interconnection between the generator set, the transfer switch, and the external unit alarms. D. Provide seven complete sets of Engineering Submittals for approval,prior to production release, showing all components, in addition to the engine and generator. Submittals shall include compliance with these specifications. E. As part of the shop drawings, provide generator sizing calculations to meet the load and voltage dip criteria. PART2-PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. The generator set shall be supplied by Stewart&Stevenson(Detroit Diesel), Southern Plains (Cummins Power Generation),Clifford Power Systems (Kohler), Waukesha-Pearce, a Caterpillar supplier or an approved equal who has been regularly engaged in the production of engine-alternator sets and associated controls thereby identifying one source of supply and responsibility. The supplier must be the parts and service supplier,preventative maintenance i supplier,and warranty administrator of all equipment on the unit including the engine. B. To be classified as a manufacturer,the builder of the generator set must manufacture, at a minimum,engines or alternators. C. The manufacturer shall have printed literature and brochures describing the standard series specified. It shall not be a one of a kind fabricated machine. D. Alternate equipment shall not be submitted with lower rated Horsepower,Cubic Inch Displacement, or KW ratings at 0.8 PF than the equipment included in the specification without prior approval. 2.02 Equipment A. An approved manufacturer shall provide the generator sets. Should any substitutions be made, the Contractor shall bear responsibility for the installation,coordination and operation of the system as well as any engineering and redesign costs that may result from such substitutions. As part of the submittals, the substitute manufacturer shall supply as a minimum engine, alternator and control panel diagrams and schematics. A separate list of all printed circuit boards with part numbers and current pricing must also be included. B. A total of four emergency generator assemblies shall be provided, sized for the following 16220-3 conditions: 1. Lift Station#4 a. Pump Size= 10 HP b. Number of Pumps=Two ~" c. Electrical Service= 120/240 volt three phase d. Generator and alternator sized to start and run one pump(min 30 KW rating) 2. Lift Station#11 a. Pump Size=20 HP b. Number of Pumps=Two c. Electrical Service=480 volt three phase d. Generator and alternator sized to start and run one pump (min 50 KW rating) 3. Lift Station#12 a. Pump Size=5 HP b. Number of Pumps =Two c. Electrical Service=480 volt three phase d. Generator and alternator sized to start and run one pump(min 20 KW rating) 4. Lift Station#13 a. Pump Size= 15 HP b. Number of Pumps=Two +. c. Electrical Service= 120/240 volt three phase d. Generator and alternator sized to start and run one pump(min 50 KW rating) C. The allowable voltage dip when starting the following loads shall not exceed 21% " D. Vibration isolators shall be provided between the engine-generator and heavy-duty steel base r 2.03 ENGINE A. The prime mover shall be a liquid cooled,diesel fueled, mechanical governor, 1800 RPM,60 hertz with phase, volt, and constant voltage regulator. B. The generator set shall be rated while operating in a high ambient condition of 120°F(48°C) + and 800 feet above sea level. Stewart&Stevenson,Clifford Power,Waukesha-Pearce Southern Plains or an approved equal from Caterpillar who has been regularly engaged in the production of engine-alternator sets shall supply this system. The supplier must be the parts and service supplier and warranty administrator of all equipment on the unit including the engine. C. The engine is to be cooled with a unit mounted radiator, fan, water pump, and closed coolant recovery system providing visual diagnostic means to determine if the system is operating with a normal engine coolant level. The radiator shall be designed for the high ambient operation in 120 degrees Fahrenheit,48 degrees Celsius high ambient temperature as measured at the alternator air inlet. D. The intake air filter(s) with spin on replaceable element must be mounted on the unit. Full pressure lubrication shall be supplied by a positive displacement lube oil pump. The engine shall have a replaceable oil filter with internal bypass and replaceable elements. Engine coolant 16220-4 and oil drain extensions must be provided to outside of the mounting base for cleaner and more convenient engine servicing. A fan guard must be installed for personnel safety. E. Remote 2-wire starting shall be by a solenoid shift,electric starter. F. Engine speed shall be governed by electronic governor to maintain alternator frequency within 0.5% from no load to full load alternator output. Steady state regulation is to be 0.25%. G. The engine fuel system shall be designed for operation on No. 2 diesel fuel. A secondary fuel filter, water separator,manual fuel priming pump, fuel shutoff solenoid and all fuel lines must be installed at the point of manufacture. H. Sensing elements to be located on the engine for low oil pressure shutdown, high coolant temperature shutdown, low coolant level shutdown,over-speed shutdown and over-crank shutdown. These sensors are to be connected to the control panel using a wiring harness with the following features: Wire number labeling on each end of the wire run for easy identification,a molded rubber boot to cover the electrical connection on each sensor to prevent corrosion and all wiring to be run in flexible conduit for protection from the environment and any moving objects. I. The manufacturer shall supply its recommended stainless steel, flexible connector to couple the engine exhaust manifold to the exhaust system J. The engine shall have a unit mounted,thermostatically controlled water jacket heater to aid in quick starting. It shall be of adequate wattage as recommended by the engine manufacturer. The contractor shall provide proper branch circuit from normal utility power source. K. The manufacturer shall supply its recommended flexible fuel line to connect the engine to the external fuel source. On stationary applications the fuel line shall match the fuel fitting on the unit base rail and have braided stainless steel covering with brass fittings. 2.04 ALTERNATOR A. The alternator shall be salient-pole,brushless, 12-lead reconnectable, self-ventilated of drip- proof construction with amortisseur rotor windings and skewed stator for smooth voltage fiw waveform. The insulation shall meet the NEMA standard(MG 1-22.40 and 16.40) for Class H and be insulated with epoxy varnish to be fungus resistant per MIL 1-24092. Temperature rise of the rotor and stator shall be limited to 130°C. The excitation system shall be of brushless construction controlled by a solid state voltage regulator capable of maintaining voltage within +/-2% at any constant load from 0% to 100% of rating. The regulator must be isolated to prevent tracking when connected to SCR loads,and provide individual adjustments for voltage range, stability and volts-per-hertz operations; and be protected from the environment by conformal coating. B. The generator set shall meet the transient performance requirements of ISO 8528-5, level G-2. C. The alternator excitation shall be of a permanent magnet exciter design. D. The generator shall be inherently capable of sustaining at least 250% of rated current for at least 10 seconds under a 3-phase symmetrical short circuit without the addition of separate current 16220-5 l support devices. Oki E. The generator, having a single maintenance-free bearing, shall be directly connected to the flywheel housing with a semi-flexible coupling between the rotor and the flywheel. r0 F. A thermal magnetic UL listed main line circuit breaker rated for the generator output shall be mounted in the AC connection panel. The line side connections are to be made at the factory. A system utilizing a manual reset field circuit breaker and current transformers is unacceptable. 2.05 AUTOMATIC TRANSFER SWITCH A. Each automatic transfer switch shall be designed for an emergency source of power of the voltage specified for each individual lift station. Switch shall be listed under UL 1008. B. Switch shall initiate transfer of load to the emergency source when any phase of the normal source drops below 90 percent of normal voltage. The switch shall transfer . automatically to the normal source when power is returned. C. The transfer switch shall be adequately constructed to carry full rated current on a continuous 24 hour basis in all approved enclosures and shall not show excessive heating or be subject to de-rating. The transfer switch shall be capable of withstanding all available system fault currents without parting of or damage to contacts during the fault clearing time of the system over-current device. D. The transfer switch shall be electrically operated and mechanically held. The electrical operator shall be momentarily energized,single-solenoid mechanism. Main operators shall include over-current disconnect devices,linear motors or gears are not acceptable. - The switch shall be mechanically interlocked to ensure only two possible positions, normal or emergency. E. Data Logging—the controller shall have the ability to log data and maintain the last 99 events,even in the event of total power loss. F. Engine Exerciser—The controller shall provide an engine exerciser. The engine exerciser shall allow the user to program up to seven different exercise routines. At the end of the specified duration the switch shall transfer the load back to normal and run the generator for a specified cool down period. A ten year life battery that supplies power to the real time clock in the event of power loss shall maintain all time and date information. G. Self Diagnostics—The controller shall contain a diagnostic screen for the purpose of detecting system errors. The screen shall provide information on the status in put signals to the controller which may be preventing load transfer commands from being completed. H. A four line, 20 character LCD display and keypad shall be an integral part of the controller for viewing all data and setting desired operational parameters. Operational parameters shall also be available for viewing and limited control through the serial communications input port. 16220-6 I. The controller's sensing and logic shall be provided by a single built-in microprocessor for maximum reliability, minimum maintenance,and the ability to communicate serially through an operational serial communication module. J. All pilot devices and relays shall be of the industrial type with self-cleaning contacts and IL rated for 10 amperes. K. The complete ATS shall be factory tested to ensure proper operation of the individual components and correct overall sequence of operation and to ensure that the operating transfer time,voltage, frequency, and time delay settings are in compliance with the specification requirements. L. The ATS shall be factory installed inside the generator enclosure. 2.06 WEATHER ENCLOSURE A. All enclosures are to be constructed from G60 galvanized high strength, low alloy steel B. The enclosure shall be primed with BASF urethane and finish coated with BASF Super System paint. Enclosures will be finished in the manufacturer's standard color. C. The enclosures must allow the generator set to operate at full load in an ambient of 50°C with no additional derating of the electrical output. D. The enclosures must meet all of the requirements of UL-2200. E. Enclosures must be equipped with sufficient side and end doors to allow access for operation, inspection, and service of the unit and all options. Minimum requirements are two doors per side. When the generator set controller faces the rear of the generator set, an additional rear facing door is required. Access to the controller and main line circuit breaker must meet the requirements of the National Electric Code. F. Doors must be hinged with stainless steel hinges and hardware and be removable. G. Doors must be equipped with lockable latches and flush mounted door latches. Locks must be keyed to Generac CH545 key. H. Enclosures must be mounted to the generator set skid. I. The enclosure roof must be pitched to prevent accumulation of water. J. A duct between the radiator and air outlet must be provided to prevent re-circulation of hot air. K. The complete exhaust system shall be internal to the enclosure. Enclosures with roof mounted or externally exposed silencers are not acceptable. L. The silencer shall be an insulated critical silencer grade with a tailpipe and rain cap. All components must be properly sized to assure operation without excessive backpressure when installed. 16220-7 M. All acoustical foam must be fixed to the mounting surface with pressure sensitive adhesive. In addition,all acoustical foam mounted a horizontal plane must be mechanically fastened. The acoustical foam must have a protective film facing to act as a barrier for liquids. N. The enclosures must include an exhaust scoop to direct the cooling air in a vertical direction. O. The maximum average sound level shall not exceed 75 dbA at 3 meters. 2.07 FUEL TANK A. A double wall sub base fuel tank shall be provided in conjunction with the diesel powered generator set. The fuel tank shall provide sufficient capacity to support the generator set for a period of 12 hours at 100%of rated load. B. The sub base fuel system shall be listed under UL 142, sub section entitled Special Purpose Tanks EFVT category, and will bear their mark of UL Approval according to their particular classification. C. The above ground steel secondary rectangular containment tank for use as a sub base for diesel .rr generators shall manufactured and installed in accordance with the Flammable and Combustible Liquids Code—NFPA 30, the Standard for Installation and Use of Stationary Combustible Engine and Gas Turbines—NFPA 37,and Emergency and Standby Power Systems—NFPA 110. t D. Construction: 1. Primary: The fuel tank shall rectangular in shape and constructed in clam shell fashion to ensure maximum structural integrity and allow the use of a full throat fillet weld. 2. Steel Channel Support System: Reinforced steel box channel for generator support, with a load rating of 5,000 tbs. per generator set mounting hole location. Full height gussets at either end of channel and at gen set mounting holes shall be utilized. 3. Exterior Finish: The exterior coating shall be tested to withstand continuous salt spray testing at 100 percent exposure for 244 hours to a 5 percent salt solution at 92-97°F. The coating shall be subjected to full exposure humidity testing to 100 percent humidity at 100° F for 24 hours. Tests are to be conducted in accordance with The American Standard Testing Methods Society. 4. Normal Venting: Normal venting shall be sized in accordance with the American Petroleum Institute Standard No 2000,Venting Atmospheric and Low Pressure Storage Tanks not less than 1-1/4"(3 cm.)nominal inside diameter. A 1 -1/4" atmospheric mushroom cap shall be furnished and the installing contractor shall pipe above the highest fill point as a minimum 5. Emergency Venting: The emergency vent opening shall be sized to accommodate the total capacity of both normal and emergency venting and shall be not less than that derived from NFPA 30, table 2-8, and based on the wetted surface area of the tank. The wetted area of the tank shall be calculated on the basis of 100 percent of the primary tank. A zinc plated 16220-8 W emergency pressure relief vent cap shall be furnished for the primary tank. The vent shall be spring-pressure operated. Opening pressure to be 0.5/prig and full opening pressure to be 2.5 psig. Limits shall be stamp marked on top of each vent. The emergency relief vent shall be sized to accommodate the total venting capacity of both normal and emergency vents. 6. Fuel Fill: There shall be a 2" NPT opening within the primary tank with an 8" raised fill pipe and lockable manual fill cap. 7. Fuel Level: A direct reading, UL listed, magnetic fuel level gauge with a hermetically sealed vacuum tested dial shall be provided to eliminate fogging. 8. Low Fuel Level Switch: Shall consist of a 50 watt float switch for remote or local annunciation of a(50% standard) low fuel level condition. 2.08 CONTROLLER A. Set-mounted controller capable of facing right, left, or rear, shall be vibration isolated on the generator enclosure. The controller shall be capable of being remote-mounted. The microprocessor control board shall be moisture proof and capable of operation from-40°C to 85°C. Relays will only be acceptable in high-current circuits. B. Circuitry shall be of plug-in design for quick replacement. Controller shall be equipped to accept a plug-in device capable of allowing maintenance personnel to test controller performance without operating the engine. The controller shall include the following features: 1. Fused DC circuit. 2. Complete 2-wire start/stop control, which shall operate on closure of a remote contact. 3. Speed sensing and a second independent starter motor disengagement system shall protect against starter engagement with a moving flywheel. Battery charging alternator voltage will not be acceptable for this purpose. 4. The starting system shall be designed for restarting in the event of a false engine start,by permitting the engine to completely stop and then re-engage the starter. 5. Cranking cycler with 15-second ON and OFF cranking periods. 6. Overcrank protection designed to open the cranking circuit after 75 seconds if the engine fails to start. 7. Circuitry to shut down the engine when signal for high coolant temperature, low oil pressure,or overspeed is received. 8. Engine cooldown timer factory set at 5 minutes to permit unloaded running of the standby set after transfer of the load to normal. 9. 3-position(Automatic-OFF-TEST) selector switch: In the TEST position,the engine shall start and run regardless of the position of the remote starting contacts. In the Automatic 16220-9 rr position, the engine shall start when contacts in the remote control circuit close and stop 5 minutes after those contacts open. In the OFF position, the engine shall not start even though the remote start contacts close. This position shall also provide for immediate shutdown in case of an emergency. Reset of any fault shall also be accomplished by putting the switch to the OFF position. C. Alarm horn with silencer switch per NFPA 110. D. Standard indicating lights to signal the following shall be included: 1. Not-in-Auto(flashing red) • 2. Overcrank(red) 3. Emergency Stop(red) 4. High Engine Temperature(red) 5. Overspeed(red) 6. Low Oil Pressure(red) 7. Battery Charger Malfunction(red) 8. Low Battery Voltage(red) 9. Low Fuel(red) 10. Auxiliary Prealarm(yellow) wr' 11. Auxiliary Fault(red) 12. System Ready (green) E. Test button for indicating lights. F. Terminals shall be provided for each indicating light above,plus additional terminals for common fault and common prealarm. G. Auxiliary relays shall be provided with Form C Dry Contacts and latched with reset for the following signals: 1. Not-in-"Auto' 2. Common Fault and Common Pre-Alarm 2.09 INSTRUMENT PANEL A. The instrument panel shall include the following: 1. Dual range voltmeter 3 1/2-inch,+/-2% accuracy .rt 2. Dual range ammeter 3 1/2-inch,+/-2%accuracy. 3. Voltmeter-ammeter phase selector switch. 4. Lights to indicate high or low meter scale. , 5. Direct reading pointer-type frequency meter 3 1/2-inch,0.5% accuracy,45 to 65 Hz scale. 6. Panel-illuminating lights. 16220-10 ..r 7. Battery charging voltmeter. 8. Coolant temperature gauge. 9. Oil pressure gauge. 10. Running-time meter. 11. Voltage-adjust rheostat 2.10 ACCESSORIES A. The generator set(s)must be manufactured to the applicable specifications on file with Underwriters Laboratories and the UL 2200 mark must be affixed. B. Battery rack,and battery cables,capable of holding the manufacturer's recommended batteries, shall be supplied. C. 12-volt lead-antimony battery(ies)capable of delivering the manufacturer's recommended minimum cold-cranking Amps required at 0°F,per SAE Standard J-537, shall be supplied. D. 10-Ampere automatic float and equalize battery charger with+/- 1% constant voltage regulation from no load to full load over+/-10% AC input line variation,current limited during engine cranking and short circuit conditions,temperature compensated for ambient temperatures from- 40°C to+60°C,5% accurate voltmeter and ammeter, fused,reverse polarity and transient protected. E. Spring type vibration isolators to support the engine generator set to reduce transmitted vibration and provide zone-1 earthquake protection. F. Provide a engine jacket water heater and thermostatic control. PART 3 -EXECUTION 3.01 FACTORY TESTING A. Before shipment of the equipment, the engine-generator set shall be tested under rated load for performance and proper functioning of control and interfacing circuits. Tests shall include: 1. Verifying all safety shutdowns are functioning properly. 2. Single step load pick-up per NFPA 110-1996,Paragraph 5-13.2.6. 3. Transient and voltage dip responses and steady state voltage regulation and speed (frequency)checks. 4. Rated Power @ 0.8 PF 5. Maximum Power t 16220-11 r 6. Test completed unit under full load for 4 hours before shipment. Owner shall witness testing. 3.02 SITE TESTS A. Site Tests: the manufacturer's local representative shall perform an installation check, start-up, and facility load test for each generator supplied. The owner,regular operators,and the maintenance staff shall be notified of the time and date of the site test. The tests shall include: 1. Fuel, lubricating oil, and antifreeze shall be checked for conformity to the manufacturer's recommendations, under the environmental conditions present and expected. -. 2. Accessories that normally function while the set is standing by shall be checked prior to cranking the engine. These shall include: battery charger,generator jacket water heater, remote alarms,etc. 3. Start-up under test mode to check for exhaust leaks, path of exhaust gases outside the building,cooling air flow, movement during starting and stopping, vibration during running,normal and emergency line-to-line voltage and frequency,and phase rotation. 4. Automatic start-up by means of simulated power outage to test remote-automatic starting, transfer of the load,and automatic shutdown. Prior to this test, all transfer switch timers shall be adjusted for proper system coordination. Engine coolant temperature,oil pressure, and battery charge level along with generator voltage, amperes,and frequency shall be NO monitored throughout the test. An external load bank shall be connected to the system if sufficient facility load is unavailable to load the generator to the nameplate kW rating. 3.03 OWNER'S MANUALS A. Six(6) sets of owner's manuals specific to the product supplied must accompany delivery of the equipment. General operating instruction,preventive maintenance, wiring diagrams, schematics and parts exploded views specific to this model must be included 3.04 MAINTENANCE TRAINING A. Allow in bid for a factory-authorized service representative to train Owners maintenance personnel to adjust,operate, and maintain packaged engine generators. B. Allow in bid for a factory-authorized service representative to train Owners maintenance personnel on procedures and schedules for starting and stopping,troubleshooting, servicing, and maintaining equipment. 3.05 SERVICE A. Supplier of the electric plant and associated items shall have permanent service facilities in this trade area. These facilities shall comprise a permanent force of factory trained service personnel on 24 hour call,experienced in servicing this type of equipment,providing warranty and routine maintenance service to afford the owner maximum protection. Delegation of this r service responsibility for any of the equipment listed herein will not be considered fulfillment of these specifications. Service contracts shall also be available. 16220-12 3.06 WARRANTY B. The standby electric generating system components,complete engine-generator, automatic transfer switch,and instrumentation panel shall be warranted by the manufacturer against defective materials and factory workmanship for a period of 24 months. Such defective parts shall be repaired or replaced at the manufacturer's option, free of charge for travel and labor. The warranty period shall commence when the standby power system is first delivered to the specified location. Multiple warranties for individual components(engine, alternator,controls, etc.)will not be acceptable. Satisfactory warranty documents must be provided. Also, in the judgment of the specifying authority,the manufacturer supplying the warranty for the complete system must have the necessary financial strength and technical expertise with all components supplied to provide adequate warranty support �k END OF SECTION low 1 16220-13 THIS PAGE LEFT BLANK INTENTIONALLY P� SECTION 16440 SINGLE MODULE UNITERRUPTIBLE POWER SYSTEM(UPS) PART 1 GENERAL 1.01 SCOPE OF WORK A. Furnish and install an uninterruptible power system as shown on the Drawings and as specified herein. 1.02 SUBMITTALS A. Submit to the Engineer in accordance with Section 16000,detailed catalog information and drawings,describing electrical and physical characteristics of the equipment specified. 1.03 REFERENCE STANDARDS A. The manufacturer of the UPS shall also manufacture all major components and subsystems contained therein. B. The UPS shall be designed,constructed and tested in accordance with the latest applicable requirements of NEMA,ANSI, UL and NEC standards including, but not limited to: 1. UL1778, Standards for uninterruptible power supply requirement. 2. FCC Part 15, Subpart J,Class A. 3. IEEE 587— 1980/ANSI C62.41 1980, Standards for Withstand Ability. C. The entire UPS shall conform to UL standards and shall bear the UL label. 1.04 QUALITY ASSURANCE A. The equipment furnished under this Section shall be the product of a manufacturer who has produced the same type of equipment for a period of at least five(5)consecutive years. When requested by the engineer an acceptable list of installations with similar equipment shall be provided demonstrating compliance with this requirement. B. ACCEPTABLE MANUFACTURERS. 1. MGE UPS Systems 2. ApprovedEqual 16440-1 1.05 DELIVERY, STORAGE AND HANDLING A. Equipment shall be handled and stored in accordance with manufacturers instructions. One copy of the instructions shall be included with the equipment at the time of shipment. 1.06 OPERATION AND MAINTENANCE MANUALS A. Equipment operation and maintenance manuals shall be provided in accordance with Section 16000. B. Operation and Maintenance manuals shall include the following 1. Instruction books and/leaflets 2. Recommended renewal parts list. 3. Drawings and information required by the SUBMITTALS part of this Section. PART 2 PRODUCTS 2.01 RATINGS A. The ratings of the UPS system shall be as follows: 1. KVA Rating 80. 2. Input Voltage 480V, 3 phase,60HZ 3. Output Voltage 120/208 V,3 phase,4 wire,60HZ 4. Site elevation 3000 feet. 5. Ambient temperature 40°C. 2.02 PERFORMANCE A. Voltage: 280Y/120 VAC,3 ph,4 wire plus Gnd(Output voltage adjustable±3%) B. Voltage Regulation: 1. ± 1.0%for 100% balanced load 2. ± 1.75 %for 50% unbalanced load 3. ±2.5 %for 100% unbalanced load C. Voltage Transient Response: 1. ±6% for 100%step load change 2. ±3% for 50% step load change 3. ± I% for loss or return of AC input power 4. ± 1% for manual transfer at full load » D. Voltage Recovery Time: Return to within 1%of nominal valve within 16.6 milliseconds. E. Phase Angle Displacement: 1. 120° + 1°for balanced load 2. 120° +3° for 100% unbalanced load 16440-2 94! F. Linear Load Capability: Output voltage total harmonic distortion(THD)shall be maximum 2%and I%for any single harmonic order when the UPS is connected to 100% ` linear loads. G. Non-Linear Load Capability: Output voltage total harmonic distortion shall be less than 3.5% when connected to a 100% non-linear load with a crest factor not to exceed 3.5. H. Frequency: 60 Hz+2% synchronized with bypass(selectable in 1%, 1.5%,3%, 4% increments). 60 Hz+0.1% free running. I. Input Current Total Harmonic Distortion: An input filter shall be provided to limit input current harmonic distortion(THD)to less to than 10%THD and improve input power factor to.98. The input filter shall be mounted inside the UPS cabinet. J. Power Walk-In: 0 to 100%over a 10 second period. K. Magnetizing Inrush Current: Less than nominal input current for less than one cycle. L. Backup Capability: Not less than 65 minutes at one half(1/2)full load. M. Overload Capability: 1. 110%of rated load for 10 minutes 2. 130%of rated load for 1 minute 3. 150% of rated load for 10 seconds N. Efficiency: The UPS efficiency(AC to AC)with nominal input voltage and battery fully charged under linear or non-linear loading shall be not less than 91%or 1/2 load. O Ambient Temperature:The UPS hall be designed to operate continuously at full load in an ambient of 40°C. P. Relative humidity(operating and storage):0 to 95%non-condensation Q. Acoustical Noise: 65 dB "A"weighting at 3 feet R. Normal Operation: The inverter shall continuously supply power to the critical load.The rectifier/battery charger shall derive power from the utility AC source and supply DC power to the inverter while simultaneously floats charging the battery. " " 16440-3 .,ok 41111 S. Emergency Operation: Upon failure of the utility AC power source,the critical load shall be supplied by the inverter, which, without any switching, shall obtain its power from the battery. T. Recharge Upon restoration of the utility AC power source(prior to complete battery discharge), the rectifier/battery charger shall power the inverter and simultaneously recharge the battery. U. Bypass Mode The static bypass transfer switch shall be used to transfer the load to the bypass without interruption to the critical power load.This shall be accomplished by turning the inverter off.Automatic re-transfer or forward transfer of the load shall be accomplished by turning the inverter on. V. Maintenance Bypass/Test Mode " A manual make before break maintenance bypass switch with rotary handle shall be provided to isolate the UPS inverter output and static bypass transfer switch for + maintenance. This shall allow the UPS to be tested or repaired without affecting load operation. Systems utilizing static switch/contactor design shall supply additional line and match 3-breaker maintenance bypass cabinet with transformer and Kirk Key . interlocks. Manufacturer shall verify system will fit within available floor space. Static switches with contactors will not be accepted as a maintenance bypass. W. Distribution Panel Furnish(4)— 125A-3P adjustable trip breakers to provide power to the panelboard.The breakers shall be adjusted for the load being served. X. Current limiting shall be supplied during generator operation. 2.03 FUNCTIONAL DESCRIPTION A. UPS system shall consist of input filter,rectifierlbattery charger,battery system inverter, static bypass transfer system,maintenance bypass system and output transformer. The UPS system shall be housed in a matching cabinet line up,completely prewired, including wiring between cabinet sections. If shipping splits are required,terminal ^ blocks between splits shall be factory installed with interconnecting jumpers provided. The Battery bank shall be located remote from the UPS. B. Rectifier/Battery Charger A six(6)pole, solid-state rectifier shall convert the incoming AC power to regulated DC voltage,which shall be subsequently filtered to provide power for the battery charging functions. The rectifier/battery charger shall have sufficient capacity to support recharging of the battery. The rectifier/battery charger assembly shall be constructed of modular design to facilitate maintenance. 16440-4 1. Input Protection: The rectifier/battery charger shall be protected by input fuses. C. Inverter The UPS output shall be derived from a Pulse Width Modulated(PWM)IGBT inverter design.The inverter shall be capable of providing the specified precise output power characteristics(Specified in paragraph 2.02)while operating over the battery voltage range. The inverter assembly shall be constructed of modular rack out assemblies to facilitate maintenance. D. Battery Cabinets: The battery cabinet shall be a matching version. Battery disconnect shall be provided. Protection time shall be minimum of 60 minutes at full load. I. Battery Type: Sealed maintenance free high rate discharge, lead acid cells 2. Minimum End Volts per Cell: 1.67 3. The battery shall be located remote from the UPS cabinet. E. Battery Protection: N 1. Temperature Compensation: The UPS shall include provisions for automatic temperature compensation charging during the charging cycle. Between 30°and 40°C ambient temperature inside the battery compartment,the charger voltage shall phase back to prevent overcharging of the battery in a high temperature condition. Above 40°C the UPS shall stop charging the battery and alarm on a high battery temperature. Systems that do not incorporated temperature compensated charging shall supply 3`d party battery monitoring system with battery temperature recording 2. Deep Cycle Protection: The battery cutoff voltage shall be automatically raised during long discharges to extend battery life. 3. Long Outage Protection: The UPS will remain connected to the battery and automatically restart the charger and UPS for outages less than 3 times the full load battery time plus two hours. For longer outages the UPS shall shutdown to protect the battery and require a manual restart. 4. Battery Protection Time: Standard batteries protection time shall be minimum of 60 minutes at full load. 17 F. Static bypass The static bypass transfer switch shall be solid-state,rated for continuous duty and shall operate under the following conditions: pa 16440-5 1. Uninterrupted Transfer The static bypass transfer switch shall automatically cause the bypass source to assume the critical load without interruption after the logic senses one of the following conditions: " ! a. Inverter overload exceeds unit's rating b. Battery protection period expired and bypass available , c. Inverter failure 2. Interrupted Transfer If the bypass source is beyond the conditions stated below,interrupted transfer shall be(not less than 500 msec. in duration)made upon detection of a fault condition. a. Bypass voltage greater than+ 10%,-10%from the UPS rated output voltage. b. Bypass frequency greater than+2 Hz from the UPS rated output frequency. 3. Automatic Uninterrupted Forward Transfer �A The static bypass transfer switch shall automatically forward transfer, without interruption,after the UPS inverter is turned"ON",after an instantaneous overload-induced reverse transfer has occurred and the load current returns to less than the unit's 100%rating. 4. Manual Transfer A manual static transfer shall be initiated from the System Status and Control Panel by turning the UPS inverter off. 5. Overload Ratings The static bypass transfer switch shall have the following overload µ characteristics: a. 1000%of UPS output rating for 0.016 seconds(one cycle) b. 130%of UPS output rating for 1 minute C. 110%of UPS output rating for 10 minutes d 1000%of UPS rating for 1 cycle 6. Systems must employ a full rated continuous duty static switch. G. Input Filter An input filter shall be included to limit input current harmonic distortion to less than 10%. 16440-6 �" H. Microprocessor Controlled Logic The full UPS operation shall be provided through the use of microprocessor controlled logic. All operation and parameters shall be firmware controlled.The logic shall include a self-test and diagnostic circuitry such that a fault can be isolated down to the printed circuit assembly or plug-in power assembly level.Every printed circuit assembly or plug-in power assembly shall be monitored.Diagnostics shall be performed via a PC through the local diagnostics port on the unit,or via a modem through the RS232 communication port. I. Mechanical Design/Cable Entry 1. Enclosure The UPS shall be housed in a freestanding enclosure with dead front construction. Conduits shall be top entry. Because of the limited space available dimensions and weight of the UPS shall not exceed 66"H02"W03"D and maximum weight of 2000 lbs. 2. Ventilation: The UPS shall be designed for forced air-cooling. Air filters shall be provided as standard. 3 Full load heat rejection shall not exceed 22000 BTU/H. 2.04 Communication A. Standard Communication Panel: The UPS shall include a standard easy to use communication panel. Included shall be both visual LCD and audible indicators. The UPS communication panel shall include fail safe UPS"ON"and UPS"OFF"pushbuttons that will permit the user to safely command the UPS without risk of load loss. A local Emergency Power off(EPO)shall be provided to turn the UPS off and isolate it from incoming and battery power. An alphanumeric display will be included for indication of UPS alarms and metering information advanced operational features. The display system operations and parameters. 1. System Parameters Monitored The visual display shall display the following system parameters based 7 on true RMS metering: a Input voltage b Bypass voltage c Bypass input frequency d UPS output voltage (3 phase simultaneously) e UPS output current/phase (3 phase simultaneously) f UPS output frequency " 16440-7 g UPS output% load h UPS output kVA I DC voltage j Time remaining on battery and available battery time. B. Audible Alarm Reset Touch Pad Shall be used to silence the audible alarm. If a new alarm is sensed after the original alarm has been silenced,it shall reactivate the audible alarm. C. Emergency Power off(EPO) When EPO is pressed,it shall cause the AC input contactor bypass input contactor and battery circuit breakers to open,thereby shutting down the UPS and the load. The EPO function shall be capable of being initiated by an externally provided N/C isolated dry contact(REPO). D. DB-9 Connector: One DB-9 connector shall be provided for field diagnostics_ E. Remote Alarm Status Panel 1. A wall mounted panel with indicating LED's: µ. a UPS on line b Load on bypass c UPS on battery d Summary alarm e Battery shut down imminent The alarms shall be a latching type,such that if an alarm is triggered,the LED will stay ON(latch)even if the alarm is corrected. 2. The Remote Alarm Status Panel shall also be equipped with: a ALARM RESET push-button(White LED),to reset the latching ' alarm b HORN for alarm annunciation c HORN RESET push-button(White LED),to silence the audible alarm PART 3 EXECUTION 3.01 FACTORY TESTING A. Factory testing shall include: 1. Performance tests for each of the requirements of paragraph 2.02 PERFORMANCE. 2. Functional tests for each of the requirements of paragraph 2.03 FUNCTIONAL DESCRIPTION. 16440-8 '"" i, B. The manufacturer shall provide three(3)certified copies of factory test reports, which shall include the results of each test as described in Paragraph A above. All tests shall be made in accordance with UL1778 and IEEE 587 standards as they may apply. 3.02 INSTALLATION A. The contractor shall install all equipment in accordance with the manufacturer's recommendations and the Contract Drawings. 3.03 FIELD QUALITY CONTROL A. Provide the services of a qualified factory-trained manufacturer's representative to assist the Contractor in installation and start-up of the equipment specified under this section for a period of 3 working days. The manufacturer's representative shall provide technical direction and assistance to the Contractor in general assembly of the equipment,connections and adjustments,and testing of the assembly and components contained herein. B. The Contractor shall provide three(3)copies of the manufacturer's field start- up report. C. Spare parts shall be available within 50 miles of the project site. 3.04 FIELD TESTING A. Measure input and output voltages for proper tap settings. B. Perform a full functional test of 3.03 Functional Description. 3.05 FIELD ADJUSTMENTS A. Adjust taps to deliver input and output voltages. 3.06 MANUFACTURER'S CERTIFICATION A. A qualified factory-trained manufacturer's representative shall certify in writing that the equipment has been installed, adjusted and tested in accordance with the manufacturer's recommendations. B. The Contractor shall provide three (3) copies of the manufacturer's representative's certification. 3.07 TRAINING A. The Contractor shall provide a training session for up to 5 Owner's representatives for 1 normal workday at a jobsite location determined by the Owner. 16440-9 B. The training session shall be conducted by a manufacturer's qualified representative. Training program shall include instructions on operation and maintenance of the UPS system. END OF SECTION 44 i t 16440-10 SECTION 16470 PANELBOARDS PART 1 GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, materials,equipment and incidentals required and install all panelboards as shown on the Drawings and as specified herein. 1.02 SUBMITTALS i A. Refer to Section 16000 for submittals. 1.03 REFERENCE STANDARDS A. Panelboards shall be in accordance with the Underwriter Laboratories (UL) "Standard for Panel boards" and "Standard for Cabinets and Boxes" and shall be so labeled where procedures exist. Panelboards shall also comply with NEMA Standard for Panelboards and the National Electrical Code(NEC). B. Where reference is made to one of the above standards,the revision in effect at the time of bid opening shall apply. 1.04 MANUFACTURERS A. 120/240 Volt, single phase, 3 Wire and 120/208 Volt, 3 Phase,4 Wire panelboards shall be Type AQ as manufactured by the General Electric Co.;Type NQOD by Square D Co.; Type Pow-R-Line C by Cutler Hammer or equal. PM B. 277/480 Volt, 3 Phase,4 Wire panelboards shall be Type AE as manufactured by the General Electric Co.;Type NEHB by Square D Co.;Type Pow-R-Line C by Cutler Hammer or equal. C. 480 Volt, 3 Phase, 3 Wire panelboards shall be Type CCB as manufactured by the General " Electric Co.; I-Line series by Square D Co.;Type Pow-R-Line C by Cutler Hammer or equal. 6' PART 2 PRODUCTS 2.01 GENERAL A. Rating 1. Panelboard ratings shall be as shown on the Drawings. All panelboards shall be rated for the intended voltage. 2. Circuit breaker panelboards shall be fully rated for the specified circuit breaker fault current interrupting capacity. Series connected short circuit ratings will not be acceptable. 7 16470-1 2.02 MATERIALS A. Interiors 1. All interiors shall be completely factory assembled with circuit breakers, wire connectors, etc. All wire connectors,except screw terminals, shall be of the anti-turn solderless type and all shall be suitable for copper or aluminum wire of the sizes indicated. 2. Interiors shall be so designed that circuit breakers can be replaced without disturbing adjacent units and without removing the main bus connectors and shall be so designed that circuits may be changed without machining,drilling or tapping. 3. Branch circuits shall be arranged using double row construction except when narrow ' column panels are indicated. Branch circuits shall be numbered by the manufacturer. 4. A nameplate shall be provided listing manufacturer's name, panel type and rating. B. Buses 1. Bus bars for the mains shall be of copper. Full size neutral bars shall be included. Phase bussing shall be full height without reduction. Cross connectors shall be copper. 2. Neutral bussing shall have a suitable lug for each outgoing feeder requiring a neutral connection. 3. Spaces for future circuit breakers shall be bussed for the maximum device that can be fitted into them. 4. Equipment ground bars shall be furnished. C. Boxes 1. Recessed or flush mounted boxes shall be made from galvanized code gauge steel having multiple knockouts,unless otherwise noted. Boxes shall be of sufficient size to provide a minimum gutter space of 4-in on all sides. 2. Surface mounted boxes and trims shall have an internal and external finish as specified. Surface mounted boxes shall be field punched for conduit entrances. '" 3. At least four studs for mounting the panelboard interior shall be furnished. D. Trim 1. Hinged doors covering all circuit breaker handles shall be included in all panel trims. r 2. Doors shall have semi flush type cylinder lock and catch,except that doors over 48-in in height shall have a vault handle and 3-point catch,complete with lock, arranged to fasten door at top,bottom and center. Door hinges shall be concealed. Furnish two keys for each lock. All locks shall be keyed alike; directory frame and card having a transparent cover shall be furnished on each door. 16470-2 i 3. The trims shall be fabricated from codeau a sheet steel. g g 4. All exterior and interior steel surfaces of the panelboard shall be properly cleaned and finished with ANSI Z55.1,No. 61 light gray paint over a rust-inhibiting phosphatized coating. The finish paint shall be of a type to which field applied paint will adhere. 5. Trims for flush panels shall overlap the box by at least 3/4-in all around. Surface trims shall have the same width and height as the box. Trims shall be fastened with quarter turn clamps. 2.03 CIRCUIT BREAKERS A. Panelboards shall be equipped with circuit breakers with frame size and trip settings as shown on the Drawings. B. Circuit breakers shall be molded case,bolt-on type. C. Each circuit breaker used in 120/208 Volt panelboards shall have an interrupting capacity of not less than 10,000 Amps, RMS symmetrical. D. Each circuit breaker used in 277/480 Volt and 480 Volt panelboards shall have an interrupting capacity of not less than 22,000 Amps,RMS symmetrical. E. GFCI(ground fault circuit interrupter) shall be provided for circuits where shown on the Drawings. GFCI units shall be 1 Pole, 120 Volt,molded case,bolt-on breakers, incorporating a solid state ground fault interrupter circuit insulated and isolated from the breaker mechanism. The unit shall be UL listed Class A Group I device(5 milliamp sensitivity, 25 millisecond trip time)and an interrupting capacity of 10,000 Amps,RMS. F. Circuit breakers shall be as manufactured by the panelboard manufacturer. G. Circuit breakers shall be able to be locked in the OFF position. OW H. The main circuit breaker shall have a shunt trip as shown on the Drawings. PART 3 EXECUTION 3.01 INSTALLATION A. Mount boxes for surface mounted panelboards so there is at least 1/2-in air space between the box and the wall. B. Connect panelboard branch circuit loads so that the load is distributed as equally as possible between the phase busses. C. Type circuit directories giving location and nature of load served. Install circuit directories in each panelboard. D. Install markers on the front cover of all panelboards which identify the voltage rating. 16470-3 E. Install a 1-in by 3-in laminated plastic nameplate with 1/4-in white letters on a black background on each panelboard. Nameplate lettering shall be as shown on the Drawings. Nameplates shall be stainless steel screw mounted. END OF SECTION 16470-4 "" SECTION 16660 GROUNDING SYSTEM PART 1 GENERAL 1.01 SCOPE OF WORK A. Furnish all labor,materials,equipment and incidentals required and install a complete grounding system in strict accordance with Article 250 of the National Electrical Code(NEC), as shown on the Drawings and as specified herein. B. All raceways,conduits and ducts shall contain equipment grounding conductors sized in accordance with the NEC. Minimum sizes shall be No. 12 AWG. 1.02 SUBMITTALS l A. Submit to the Engineer, in accordance with Section 01300, shop drawings and product data, for the following: 1. Manufacturer's name and catalog data for ground rods and exothermic welding methods and materials. PART 2 PRODUCTS 2.01 MATERIALS A. Conduit shall be as specified under Section 16110. B. Wire shall be as specified under Section 16120. C. Ground rods shall be 3/4-in by 10-ft copper clad steel and constructed in accordance with UL 467.The minimum copper thickness shall be 0.25 nun. Ground rods shall be Copperweld or equal. D. Grounding conduit hubs shall be malleable iron type, manufactured by Thomas &Betts Co.; Catalog No. 3940(3/4-in conduit size), similar to Burndy; O.Z. Gedney Co. or equal, and of the correct size for the conduit. E. Waterpipe ground clamps shall be cast bronze saddle type, manufactured by Thomas&Betts Co. Cat. No. 2(1/2-in, 3/4-in,or 1-in size), similar by Burndy; O.Z. Gedney Co. or equal, and of the correct size for the pipe. F. Buried grounding connections shall be by Cadweld process,or equal exothermic welding system. Aw PART 3 EXECUTION 3.01 INSTALLATION N A. Run grounding electrode conductors in rigid steel conduits. Bond the protecting conduits to the 16660-1 grounding electrode conductors at both ends. Do not allow water pipe connections to be painted. If the connections are painted,dis-assemble them and re-make them with new fittings. B. Install equipment grounding conductors with all feeders and branch circuits. C. Ground wire connections to structural steel columns shall be made with long barrel type one-hole heavy duty copper compression lugs,bolted through 1/2-in maximum diameter holes drilled in the column web, with stainless steel hex head cap screws and nuts. D. Liquid tight flexible metal conduit in sizes 1-1/2-in and larger shall have bonding jumpers. Bonding jumpers shall be external,run parallel(not spiraled)and fastened with plastic tie wraps. E. Ground transformer neutrals to the nearest available grounding electrode with a conductor sized *` in accordance with NEC Article 250-94. F. Drive grounding electrodes as shown on the Drawings. G. All equipment enclosures,motor and transformer frames, conduits systems,cable armor, exposed structural steel and all other equipment and materials required by the NEC to be .W grounded, shall be grounded and bonded in accordance with the NEC. H. Seal exposed connections between different metals with No-Oxide Paint Grade A or equal. I. Lay all underground grounding conductors slack and, where exposed to mechanical injury, protect by pipes or other substantial guards. If guards are iron pipe, or other magnetic material, electrically connect conductors to both ends of the guard. Make connections as specified herein. J. Care shall be taken to ensure good ground continuity, in particular between the conduit system and equipment frames and enclosures. Where necessary,jumper wires shall be installed. K. All grounding type receptacles shall be grounded to the outlet boxes with a No. 12 THW green R9 conductor connected to the ground terminal of the receptacle and fastened to the outlet box by means of a grounding screw. 3.02 INSPECTION AND TESTING A. Inspect the grounding and bonding system conductors and connections for tightness and proper installation. B. Use Biddle Direct Reading Earth Resistance Tester or equivalent test instrument to measure resistance to ground of the system. Perform testing in accordance with test instrument manufacturer's recommendations using the fall-of-potential method. dft C. All test equipment shall be provided under this Section and approved by the Engineer. D. Resistance to ground testing shall be performed during dry season. Submit test results in the form of a graph showing the number of points measured(12 minimum) and the numerical resistance to ground. E. Testing shall be performed before energizing the distribution system. 16660-2 "�" F. A separate test shall be conducted for each building or system. G. Notify the Engineer immediately if the resistance to ground for any building or system is greater than five ohms. END OF SECTION 9, m 16660-3 An M in ..A THIS PAGE LEFT BLANK INTENTIONALLY �. An s me w CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides worker's compensation insurance coverage for all of it's employees employed on City of Fort Worth Project Number P174-070174028001 WHECO ELECTRIC, INC. CONTRACTOR By: K nt Meyerhoe fer President Title 8/9/04 Date STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Kent Meyerhoeffer , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of WHECO Electric, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of August 2004. �o"VkyPU c SHARI J. COBB Notary Public in and for the State of Texas NOTARY PUBLIC STATE OF TEXAS Nr9Tf OF ZF'+P My Comm.Expires 7-21-2006 e r r PART F BONDS AND INSURANCE r r r r r r r r PART G CONTRACTS r r r r r r r r r MVVt\V kotrci INUAi t OF LIABILITY INSURANCE uA I It 06/25/2004 PRODUCER Serial# THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION JOHN A.MILLER&ASSOCIATES,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.0.BOX 7214 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR FORT WORTH,TX 76111-0214 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE: (817)834-7111 FAX: (817)834-7115 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: BITUMINOUS CASUALTY CORPORATION 19356 WHECO ELECTRIC,INC. ET AL INSURER B: TEXAS MUTUAL INSURANCE COMPANY 22945 3200 JOYCE DRIVE INSURER c: NATIONAL UNION FIRE INSURANCE CO. 19445 FORT WORTH,TX 76116 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INIR ADo' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LR NSR DATE MWDD DATE MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PAEMG ETO RENTED $ 100,000 CLAMS MADE rX OCCUR MED EXP (Anyone rson) E 10,000 A X ��1,0001 PD ONLY DED. CLP 3 172 915 08/30/2003 08/30/2004 PERSONAL&ADV INJURY $ 1,000,000 X CONTRACTUAL INCL. GENERAL AGGREGATE $ 2,000,000 GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO- F TED LOC AUTOMOBILE LIABILITY X ANY AUTO COMBINED SINGLE LIMIT = 1,000,000 (Ea aooldenl) ALL OWNED AUTOS BODILY NJURY A X SCHEDULED AUTOS CAP 3 172 916 08/30/2003 08/30/2004 (per P—) $ X HIRED AUTOS BODILY INJURY = X NON-OWNED AUTOS (Per aaddenl) PROPERTY DAMAGE $" (Peraccidenl GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ n AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 X OCCUR ❑CLAIMS MADE BE 2956504 AGGREGATE $ 1,000,000 C X P/CO AGGREGATE $ 1,000,000 Fn DEDUCTIBLE $ X RETENTION $ 10,000 yyC g qTU $ WORKER'S COMPENSATION AND X TORY IMITS QER r" EMPLOYERS'LIABILITY TSF-0001135936 08/30/2003 08/30/2004 ANY PROPRIETOR/PARTNEWEXECUTNE EL EACH ACCIDENT S 1,000,000 B OFFICERIMEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 OTHER rt DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT: ELECTRICAL RELIABILITY IMPROVEMENT AT SCADA CONTROL CENTER AND LAKE COUNTRY LIFT STATIONS-PROJEC NO.P174-070174028001-THE CITY OF FORT WORTH,IT'S OFFICERS,EMPLOYEES AND SERVANTS ARE INCLUDED AS ADDITIONAL INSUREDS ON ALL POLICIES(EXCEPT WORKER'S COMPENSATION). THE POLICIES TO WHICH THE ADDITIONAL INSUREDS ARE ADDED APPLY ON A PRIMARY BASIS IN RELATION TO THE ADDITIONAL INSURED'S OWN SELF-FUNDED OR COMMERCIAL COVERAGES,WHICH WILL BE NON-CONTRIBUTING. A WAIVER 0 SUBROGATION IN FAVOR OF THE CITY OF FORT WORTH IS INCLUDED ON THE WORKER'S COMPENSATION POLICY.("EXCEPT TEN(10)DAYS IN THE EVENT OF NON-PAYMENT OF PREMIUM.) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION n DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O* DAYS WRITTEN WATERR DEPARTMENT CITY FORT WORTH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 1000 THROCKMORTON ST. IMPOSE NO OBLIGATION IND UPON THE INSURER,ITS AGENTS OR FORT WORTH,TX 76102 REPRESENTAT AUTHORIZED REPft6AffATIVE OF NDEPENDEN I NC ENQY_ io ®„ACORD 25(2001/08) rInDn CORPORATION 1988 C:vFMPRO\CERTPROS.FP5 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AcoRD 25(2001/08) PERFORMANCE BONI) Bond No.TX596437 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) WHECO Electric, Inc., as Principal herein, and (2) Merchants Bonding Company (Mutual), a corporation organized under the laws of the State of(3) Iowa, and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of One Hundred Seventy-Nine Thousand and No/100 Dollars ($*179,000.00*) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the Z-' day of Tv 1!3 , 2004, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of: Electrical Reliability Improvement at SCADA Control Center and Lake Country Lift Stations—Project No. P174-070174028001 NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length ■ herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 21 day of , 2004 . F-1 r� WHECO Electric Inc. PRINCIPAL ATTEST: By: Name: Kent Meyerhoeffer 7,V2 ec Lary Address: 3200 Joyce Drive Fort Worth,TX 76116 Witness as to Principal Merchants Bonding Company(Mutual) SURETY ATTEST: By: � . Name: Sheryl A.Klutts,Attorney-in-Fact Secretary Address: 2100 Fleur Drive (SEAL) Des Moines,IA 50321-1158 ti Witn tj to Surety, ohn A. Miller, II Telephone Number: 1-800-252-9656 NOTE: (1) Correct name of Principal(Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. F-2 POWER OF ATTORNEY Merchants Bonding Company (Mutual) Nations Bonding Company Bond No. KNOW ALL PERSONS BY THESE PRESENTS:That MERCHANTS BONDING COMPANY(MUTUAL)is a corporation duly organized under the laws of the State of Iowa,and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas (herein collectively called the*Companies),and that the Companies do hereby make,constitute and appoint John A. Miller,Sheryl A.Klutts,John A.Miller II and/or K.R.Harvey of Fort Worth and State of Texas their true and lawful Attomey-in-Fact•with full power and authority hereby conferred in their name,place and stead•to sign,execute,acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION($5,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attomey-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 bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company on April 19,2001 "The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fad,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of May,2003. •• p N°!H C•.� .•�O.•• ••..�jA•• MERCHANTS BONDING COMPANY(MUTUAL) :0;DAPOq;. C); �'q0:O�PONATIONS BONDING COMPANY C2.Ica °'. 2003 as. : y 1933 •c. B • :,►. STATE OF IOWA ••'• •'...... .••. President COUNTY OF POLK ss. On this 1 st day of May,2003,before me appeared Larry Taylor,to me personally known,who being by me duly swom did say that e he is President of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY;and that the seals affixed to the foregoing instrument are the corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. MARILYN BOYD Commission Number 10012 My Commission Expires November 4,2004 Notary Public,Polk County,Iowa STATE OF IOWA a COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. a In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this day of , 2004. ...•.•. •....•..4 �C0J DAPOq n. �•qO�DAPOg Zc=� -O- �0:0� iF•2 -o- Ji . O' ;: :a: 1933 '3• Secretary . . 2003 a .fid.......••tor: • b' NBC 0103(4/03) •'••••'' PAYMENT BOND Bond No. TX596437 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) WHECO Electric, Inc., as Principal herein, and (2) Merchants Bondine Company (Mutual), a corporation organized and existing under the laws of the State of (3) Iowa, as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of One Hundred Seventy-Nine Thousand and No/100 Dollars ($*179.000.00*) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the . 7-1 — day of , 2004, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: Electrical Reliability Improvement at SCADA Control Center and Lake Country Lift Stations-Project No.P174-070174028001 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 2--- day of -v 1 ,2004. F-3 w WHECO Electric,Inc. PRINCIPAL ATTEST: By: Name: Kent Meyerhoeffer,President Secrexary Address: 3200 Joyce Drive Fort Worth,TX 76116 Witness as to Principal Merchants Bonding Company(Mutual) SURETY ATTEST: By: LGZ Name: Sheryl A.Klutts,Attorney-in-Fact Secretary Address: 2100 Fleur Drive (SEAL) Des Moines,IA 50321-1158 tit. k6c. .d-- W' nes as to Sure ,John A. Miller,II Telephone Number: 1-800-252-9656 wt� L NOTE: (1) Correct name of Principal(Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. F-4 POWER OF ATTORNEY Merchants Bonding Company (Mutual) Nations Bonding Company "I4 Bond No. KNOW ALL PERSONS BY THESE PRESENTS:That MERCHANTS BONDING COMPANY(MUTUAL)is a corporation duly organized under the laws of the State of Iowa,and that NATIONS BONDING COMPANY is a corporation duty organized under the laws of the State of Texas �4 (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint John A.Miller,Sheryl A.Mutts,John A.Miller II and/or K.R.Harvey of Fort Worth and State of Texas their true and lawful Attomey-in-Fact,with full power and authority hereby conferred in their name,place and stead,to sign,execute,acknowledge and deliver in their behalf as surety any and all bonds, undertakings, reoognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: FIVE MILLION($5,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as it such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-In-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. 7 This Power-0f-Attomey is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding Company on April 19,2003, 1 'The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of May,2003. •• 0 ...... �O.NG•C.Ajp•.• MERCHANTS BONDING COMPANY(MUTUAL) Q'•'ppPOA,�.�,; 0s..lr POg9'9�: NATIONS BONDING COMPANY r/l'V A' •Gr'Z. .x'..t• :;; t•, Zoos -4 • ;y 1933 :e; tet. ••.gid., .ted. . •,,k�. STATE OF IOWA ••'•• �'•••••` President COUNTY OF POLK as. On this 1st day of May,2003,before me appeared Larry Taylor,to me personally known,who being by me duty swom did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY;and that the seals affixed to the foregoing instrument are the corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. r44MARILYN BOYD Commission Number 10012 • My Commission Expires November 4,2004 Notary Pudic,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this day of . 2004. .o N D i/�r�, .�o%'AG coy . 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