The URL can be used to link to this page

Home My WebLink AboutContract 38217CITY SEC RETARY-);}). CO NTRACT NO . >: Is 00 City of Fort Worth, Texas Fort Worth Water Department • ... , -~ WATER TREATMENT PLANT ~ } FILTER REHABILITATION PROJECT 02-06-09 AOB:17 IN PROJECT PW77-06077510050 NOVEMBER 2008 tvf&C .R~vie ' . ' . COUNCIL ACTION: Approved on 1/13/2009 DATE: 1/13/2009 REFERENCE NO.: C-23282 LOG NAME: CODE: C TYPE: PUBLIC NON-CONSENT HEARING: 60RHWTP FILTER NO SUBJECT: Authorize Contract in the Amount of $497,250 .00 with Eagle Contracting , L.P ., for the Rolling Hills Water Treatment Plant Filter Rehabilitation Project RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Eagle Contracting , LP., in the amount of $497 ,250 .00 for the Rolling Hills Water Treatment Plant Filter Rehabilitation Project. DISCUSSION: P .rge l of 2 On August 12, 2003 , (M&C C-19707) the City Council authorized a construction contract with Archer Western Contractors, ltd., for the Rolling Hills Water Treatment Plant Facilities Upgrade and 40 MGD (million gallons per day) Expansion, Phase 3 Plant Process Improvements, which included reconstruction of all 20 filters . The entire project was accepted in September 2005 , and the contract warranty ended in September 2007 . On March 1, 2008 , during a routine filter backwash cycle, the Filter No. 12 under-drain system failed when the anchored under-drain block pulled away from the concrete floor. Investigations by the under-drain manufacturer (Leopold) and the design engineer (Camp , Dresser and McKee) determined that the anchoring system was the most likely cause of failure. On May 20 , 2008, (M&C C-22817) the City Council authorized a construction contract with Archer Western Contractors, ltd ., for the rehabilitation of Filter No . 12 at the Rolling Hills Water Treatment Plant for replacement of the existing under-drain system with a new system with a reinforced anchoring system . Reconstruction of Filter No. 12 was completed prior to the summer 2008 peak demands. On August 15, 2008, Filter No. 20 failed . Investigation revealed a failure of the under-drain anchoring system, similar to the Filter No. 12 failure . At this point, it became apparent that all 20 of the filters would need to have their under-drain anchoring systems structurally reinforced in order to prevent future failures. Accordingly, the design engineer and under-drain manufacturer worked together to develop a plan to replace the Filter No . 20 under-drain system and reinforce the remaining 18 filter under-drain systems . The project was advertised for bid in the Fort Worth Star-Tele ram on November 7 , 2008, and November 13 , 2008. On December 11 , 2008 , the following five bids were received : Bidder Total Bid Contr ct Time Eagle Contracting , L.P. $497 ,250 .00 150 Calendar Days Red River Construction $531 ,250 .00 Bar Constructors $544,450 .00 Garney Construction $640 ,200 .00 Archer Western , Ltd . $765 ,000 .00 In addition to the contract amount, $29 ,835 .00 is required for project contingencies . Funds were not specifically budgeted for this project in the Fiscal Year 2009 Adopted Budget ; however, the department has identified current year savings to offset the full cost. A waiver of the goal for M/WBE subcontracting requirements was requested by the Water Department and approved by the M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible . The Rolling Hills Water Treatment Plant is located in COUNCIL DISTRICT 8 . http://a pps.cfwnet.org/council packet/me review.asp?! D= l 0985&councildate= l /13/2009 01 /14/?00Q M&C Review i • ' ' ,. ., --. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Fund . TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS FilterRehabLocationMap. pdf FROM Fund/Account/Centers PE45 536010 0605003 $527,085.00 Fernando Costa (6122) S . Frank Crumb (8207) Chris Harder (8293) http://apps .cfwnet.org/council _packet/mc _review.asp ?I D= l 0985&councildate= l /13 /2009 Pag e 2 of 2 01 / 1 4/?.00Q Ci ,y of Fort Worth Rolling Hills WTP Filter Rehab ilita tion Project CITY OF FORT WORTH Rolling Hills Water Treatment Plant Filter Rehabilitation Project Project PW77-06077510050 ADDENDUM NO. 1 November 19, 2008 The Contract documents for the Rolling Hills Water Treatment Plant -Filter Rehabilitation Project, for which bids are to be submitted to the City of Fort Worth, Texas, are hereby clarified and modified by this Addendum No. 1. Bidders must acknowledge receipt of this Addendum on the Proposal -Part B . PROJECT MANUAL REVISIONS PART A-NOTICE TO BIDDERS a) Page A-1. In the first paragraph, change "December 4 , 2008" to "December 11 , 2008", reflecting that the bid date has been changed to December 11, 2008. b) Page A-2. Delete page A-2, which is a blank page. c) Page A-3. In the second paragraph, change "fourteen (14) calendar days" to "seven (7) calendar days", reflecting that prequalification requirements must be submitted to the city prior to I :30 p.m. on December 4, 2008 . PART B -PROPOSAL a) Delete the Proposal form and replace with the Proposal form attached to the end of this Addendum No. 1. Note that the Proposal form shall be attached to the specifications book as part of the bid submittal. END OF ADDENDUM NO. 4 ADDENDUM NO . l November I 9, 2008 Ci ty of Fo rt Worth Rolli ng Hill s WTP Fil ter Reh abil ita tion Proje ct TO : Dale A. Fisseler, P .E . City Manager Municipal Office Building 1000 Throclanorton Fort Worth, Texas 76102 PARTB PROPOSAL PROPOSAL FOR: The furnishing of all materials and equipment and labor and all necessary appurtenances and incidental work to provide a complete and operable project designated as : Rolling Hills Water Treatment Plant Filter Rehabilitation Project Project No. PW77-06077510050 The undersigned Proposer, having thoroughly examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to the done , and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the Fort Worth Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: Item No. 2 Part B.doc Estimated Quantity _l L.S . ~ Each Brief Description of Item With Unit Bid Price in Words Filter #20 Retrofit Work complete excluding Bid Items 3 , 4 and 5. Dollars ----------- and _________ Cents per Lump Sum Individual Filter Underdrain System Rehabilitation Work complete excluding Bid Items 3, 4 and 5 . ___________ Dollars and Cents --------- per Each B-1 Unit Bid Price in Figures $ _____ _ $ ------ $ $ Amount in Figures ------ ------ Addendum No. I November I 9, 2008 City of Fon Wonh Rolli ng Hills WTP Filter Reh abilitation Project 3 4 5 _l L.S. _l L.S. _l L.S. ALLOWANCE for furnishing Leopold filter underdrains with integral IMS caps, air piping hoses, anchoring systems, and manufacturer's services. Dollars ----------- and Cents --------- per Lump Sum ALLOWANCE for furnishing anthracite media to be used in replacing lost media. Dollars and Cents per Lump Sum Mobilization/Demobilization Dollars and Cents per Each $ 126,250 .00 $ 126,250 .00 $ 34,000.00 $ 34,000.00 $ $ TOTAL BID PRJCE (Items 1, 2, 3, 4 and 5). _________________ _ (in words) ___________________ ($) __________ _ (in figures) 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 this contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. Part B.doc B-2 Addendum No . l No vember 19, 2008 City of Fort Wo rth Ro lli ng Hills WTP Filter Rehabi litat io n Proj ect The undersigned bidder certifies that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 197 8, and that he has read and thoroughly understands all the requirements and conditions of those General C ontract Documents and the Specific Contract Documents and appurtenant drawings . The un der signed assures that its employees and applicants for employment and those of any labor organization, subcontractors, or emp loyment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No . 7278 as amended by City Ordinance No . 7400 . The Bidder agrees to begin construction within 10 Calendar Days after issue of the work order, and to complete the contract within 150 Calendar Days, and to meet the Substantial Completion requirements specified in Paragraph D-15 of the Special Conditions (Part D). St ate of R esidency: (Check A or Bas appropriate and fill in blanks where applicable .) A. The principal place of business of our company is in the State of _______ _ Nonresident bidders in the State of , our principal place of business , are required to be percent lower than resident bidders by state law. A copy of the statue is attached. Nonresident bidders in the State of ______ , our principal place of business , are not required to underbid resident bidders. B . The principal place of business of our company or our parent company or majority owner is in the State of Texas . Add enda A cknowledgemen t: 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 in preparation of the fo regoing bid: Addendum No. 1 (Initials) ____ _ Addendum No. 2 (Initials) ____ _ Addendum No. 3 (Initials) ____ _ Addendum No . 4 (Initials) ____ _ Part 8 .doc B-3 Addendum No . I November 19, 2008 City ofFort Worth Rolling Hills WTP Filter Rehabilitation Project (SE AL) If Bidder is Corporation Date: Part B .doc Respectfull y submitte d, By:---------------- Title : _______________ _ Address: ______________ _ Telephone: _____________ _ B -4 Addendum No . l Nov ember I 9, 2008 C ity of Fo rt Worth Rolling Hills WTP Filter Rehabilitati on Proj ect CITY OF FORT WORTH Rolling Hills Water Treatment Plant Filter Rehabilitation Project Project PW77-06077510050 ADDENDUM NO. 2 December 9, 2008 The Contract documents for the Rolling Hills Water Treatment Plant -Filter Rehabilitation Project, for which bids are to be submitted to the City of Fort Worth, Texas, are hereby clarified and modified by this Addendum No . 2. Bidders mu st acknowledge receipt of this Adden on the Proposal-Part B . ~llt O,Uc'Y..!.,'l'T:\~· .. ':t_-1.sa lf 1l ··. *~ .... ~ ........................... :. .... ~ CHAD D. BARTRUFF ~ ~"¥······ .... ····················~ ~~\. 91688 //f J "1r::;~r-9.P.}.'tfr'?.;~~~~/ ~ ~ 'f ~~ PROJECT MANUAL REVISIONS t11J9NAL "'~ .... -c-I' I' ' .. \.'t\,'\,"O.'\..,~ SECTION 13221 -FILTER UNDERDRAIN SYSTEM a) Page 13221-11 , Paragraph 3 .03 . Change Paragraph numbering to read "3 .04 TESTING AND CORRECTION OF DEFICIENCIES" b) Page 13221-12 , Paragraph 3.04. Change Paragraph numbering to read "3 .05 WATER" c) Page 13221-11, Paragraph 3 .03 . Insert a new Paragraph 3.03 as follows : "3.03 ANCHOR ROD INSTALLATION AND TESTING AD DENDUM NO . 2 Contractor shall coordinate with the underdrain manufacturer and use the following procedures for installation and testing of the anchor rods for the new and existing underdrain systems . This work shall be performed under the supervision of the underdrain manufacturer. A . Drill holes into the existing concrete floor in the location shown on the approved project drawings to a minimum depth of 5". The drill bit size shall be in accordance with the epoxy manufacturer's instructions . Special care shall be taken to ensure true vertical drilling between the existing underdrains for installation of the anchors . Any damage to the underdrains resulting from the drilling operation and subsequent repairs necessary shall be the responsibility of the Contractor. December 9, 2008 City of Fort Worth Rolling Hills WTP F il ter Rehabilitation Project ADDENDUM NO . 2 B . Clean each hole thoroughly using a wire brush, vacuum, compressed air, and any other equipment necessary in accordance with the epoxy manufacturer's instructions . C. Thoroughly clean the anchor rod to ensure no foreign matter or substances are on the rod that might prevent the epoxy from bonding properly . D . Loosely connect the horizontal and vertical components of the anchor rod assembly. This will allow for ease of alignment and allow the vertical components to rotate as necessary . E. Apply the epoxy in the hole starting from the bottom and working upward until the proper amount of epoxy is deposited in accordance with the epoxy manufacturer's instructions . F. Install the anchor rod to a depth of 5" into the hole using the proper motion in accordance with the epoxy manufacturer's instructions G. Allow the epoxy to cure in accordance with the epoxy manufacturer 's instructions before proceeding. H. After the epoxy has cured, a non-destructive vertical pull test shall be performed on 100% of the anchors ( all legs). This pull test shall be conducted in the presence of and under the supervision of the manufacturer's Field Service Representative and the procedure shall be as follows: a. Using the test equipment supplied by Leopold, load each anchor to be tested with 3,200 lbs tension in 1,600 lb increments. b. After reaching 3,200 lbs, hold the load for 2 minutes. All test results shall be documented and included in the service report. c. Any anchor that fails to reach 3,200 lbs or shows signs of slippage will be considered a failure. d. In the event of a failed anchor, install a replacement anchor in accordance with all applicable instructions and retest. I. DO NOT PROCEED WITH UNDERDRAIN INSTALLATION (FILTER 20) OR FURTHER FILTER WORK (FILTERS 1-11 AND 13-19) UNTIL THE ANCHOR RODS HAVE SUCCESSFULLY PASSED THE PULL TEST. J. After testing is complete, set the final elevation of the horizontal member of the anchor rod by rotating the bottom nut. The top of the horizontal member should be set at 7" above the highest elevation of the filter floor. K. Lock the horizontal member in place by tightening the top nut against the top of the horizontal member. NOTE: During the installation of the underdrain laterals, the anchor rod elevations and positions shall be verified and final adjustments may be required." END OF ADDENDUM NO. 2 2 December 9, 2008 00 City of Fort Worth, Texas Fort Worth Water Department • .. , -~ WATER TREATMENT PLANT ~ } ro u ~ . ' ~ u (l.) 0. rFJ. FILTER REHABILITATION PROJECT PROJECT PW77-06077510050 NOVEMBER 2008 PREPARED BY : City of Fort Worth Rolling Hills WTP Fi lter Rehabilitation Project TABLE OF CONTENTS PART A -NOTICE TO BIDDERS Notice to Bidders In structio ns to B idders PART B -PROPOSAL Proposal PART C -GENERAL CONDITIONS PART CS -SUPPLEMENTARY CONDITIONS (TO PART C) PART D -SPECIAL CONDITIONS PART F -BONDS Certificate of Insurance Contractor Compliance with Worker 's Compensation Law Performance Bond Payment Bond Maintenance Bond PART G -CONTRACT PART E -TECHNICAL SPECIFICATIONS DIVISION 1 -GENERAL REQUIREMENTS 01005 Abbreviations 01010 Summary of Work 01025 Measurement and Payment 01040 Construction Sequence 01170 Special Provisions 01200 Project Meetings 01300 Submittals 01500 Temporary Facilities 01510 Construction Temporary Controls 01600 Delivery , Storage and Handling 01610 Material and Equipment 01700 Contract Closeout 01710 Cleaning 01720 Project Record Documents 01740 Warranties and Bonds DIVISION 2 -SITEWORK 02050 Demolition DIVISION 13 -SPECIAL CONSTRUCTION 13221 Filter Underdrain System 13226 Filter Medi a TOC.doc TOC-1 November 2008 PART A NOTICE TO BIDDERS City of Fort Wo rth Rolling Hills WTP Filter Rehabilitation Project S ealed proposals for the fo llo wing: PART A NOTICE TO BIDDERS FOR: ROLLING HILLS WATER TREATMENT PLANT FILTER REHABILITATION PROJECT PROJECT NO. PW77-06077510050 Addressed to : PURCHASING MANAGER CITY OF FORT WORTH PURCHASING DIVISION P .O. BOX 17027 FORT WORTH TX 76102 will be received at the Purchasing office until 1 :30 P .M., on December 4 , 20 08 and then publicly opened and read aloud at 2:00 p.m in the Council Chambers. Contract Documents have been prepared by Camp Dresser & McKee Inc., (817) 332-8727 , 777 Taylor Street, Suite 1050, Fort Worth, Texas 76102, and may be examined without charge at its office. Contract Documents (one-half size plans and specifications) may be obtained from Camp Dresser & McKee Inc. at the above address for a non-refundable charge of $50.00. General Contract Documents and Specifications for the Water Department Projects, dated January 1, 1978 , with the latest revisions, also comprise a part of the Special Contract Documents for this project and may be obtained by paying a non-refundable fee of $50.00 for each set, at the Fort Worth Water Department, 2°d Floor Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas, 76102. All bidders submitting bids are required to be meet the project specific pre-qualification in accordance with the requirements of the Special Instructions to Bidders . A pre-bid conference will be held at the Rolling Hills Water Treatment Plant, 2500 Southeast Loop 820, Fort Worth, Texas 76140 on November 18, 2008 at 10:30 a .m. The Rolling Hills Water Treatment Plant is a 200 million gallons per day (mgd) water treatment plant. The plant includes twenty (20) gravity filters. The major work of this project will be retrofitting one filter (Filter 20), including removal of existing filter underdrains and media, installing new filter underdrains and associated appurtenances, and reinstalling the existing media. Work will also include rehabilitating eighteen ( 18) filters with new underdrain support facilities, requiring removal , storage, and reinstallation of the existing media. 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 b ids are recei ved. For additional information, please contact Mr. Danny Shannon , P .E., Camp Dresser & McKee Inc. at (817) 332-8727. Publication Dates: November 7, 2008 and November 13 , 2008 Part A Noti ce to Bidd ers.doc A-1 Nove mbe r 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project Part A Notice to Bidders .doc A -2 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 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 pregualification 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 technical evaluation, historical schedule compliance evaluation, evaluation of proposed manager and project superintendent. 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 fourteen (14) calendar days prior to the date of bid opening. The bidder is not required to submit additional "Experience Record", "Equipment Schedule", and "Financial Statement" on Owner furnished forms one week prior to the bid opening as described in the first paragraph of C2-2. l of the General Conditions . 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. 1.1 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 . 1.2 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 (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 . 1.3 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. For this project, the experience must include projects related to filter rehabilitation and installation of filter underdrains. 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. 1.4 EQUIPMENT SCHEDULE. The prospective bidder shall list the equipment that the Contractor has available for the project and list the equipment that Contractor will rent as may be required to complete the project on which the Contractor submits a bid . 1.5 PERSONNEL AND SCHEDULE COMPLIANCE RECORD. The prospective bidder shall submit the names and resumes for the proposed project manager and project superintendent. This information shall include a list of all projects that the proposed project manager and project superintendent completed within the last five (5) years to demonstrate ability to coordinate complex plant rehabilitation work and to perform work while maintaining critical shutdown schedules, regardless of by whom they were employed. Provide list of contact persons for all projects (preferably field inspectors or resident engineers) with names and phone numbers for the last five years' project. Part A Notice to Bidders .doc A-3 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 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 review. The Water Department will review each pre-qualification submittal. 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) The City, in its sole discretion, may reject a bid for failure to demonstrate acceptable performance, experience and/or expertise. c) Any proposals submitted by a non pre-qualified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. d) 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. For additional information contact Chris Harder, Fort Worth Water Department: (817) 392-8293 (telephone) (817) 392-8410 (facsimile) Pre-qualification submittal should be sent to: Mr. Chris Harder, P.E. Fort Worth Water Department 151111th Avenue Fort Worth, TX 76102 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 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Article 2. 3. BID FORM (PR OPOSAL) 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 the same sealed envelope with Proposal. Part A Notice to Bidders.doc A-4 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 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. 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 b y a partner, his title must appear under his signature and the official address of the partnership must be sho wn below the signature. 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 Notice to Bidders 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 book 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 . 5. MODIFICATIONS AND WITHDRAWAL OF BIDS. B ids 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 B ids 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 Notice to Bidders. 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 Notice to Bidders, but Owner may , in his sole discretion, release any Bid and return the Bid Security prior to that date. 8. AW ARD 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 . Owner 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 be awarded to the lowest responsible Bidder whose evaluation b y Owner indicates to the Owner that the award will be in the best interests of the Project. Part A No ti ce to Bidders .d oc A-5 Novemb er 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation 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 Notice to Bidders. 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. 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 the amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety company shall be included on the current U.S. Treasury list of acceptable sureties, or (2) the surety company must have capital and surplus equal to ten times the limit on the bond. The surety 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 of the General Conditions. 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 Part A Notice to Bidders .d oc A-6 Novem ber 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 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 full y 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 C ity 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. 17 . DISABILITY: In accordance with prov ision 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 prov ision 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: The Minority and Women Business Enterprise requirements, per the City of Fort Worth Ordinance No. 15530, have been wai ved and are not applicable for this project. 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 Engineers in the Conference Room at the Rolling Hills Water Treatment Plant, 2500 Southeast Loop 820, Fort Worth, Texas 76140 on November 18, 2008 at 10:30 a.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 Part A Notice to Bid ders.doc A-7 November 2008 PARTB PROPOSAL City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project TO: Dale A. Fisseler, P .E. City Manager Municipal Office Building 1000 Throckmorton Fort Worth, Texas 76102 P ARTB PROPOSAL PROPOSAL FOR: The furnishing of all materials and equipment and labor and all necessary appurtenances and incidental work to provide a complete and operable project designated as: Rolling Hills Water Treatment Plant Filter Rehabilitation Project Project No. PW77-06077510050 The undersigned Proposer, having thoroughly examined the Contract Documents, including plans , special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to the done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the Fort Worth Water Department of the City of Fort Worth , Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond , and such other bonds , if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: Item Estimated Brief Description of Item No. Quantity With Unit Bid Price in Words 1 _1 Filter #20 Retrofit Work complete L.S. excluding Bid Items 3, 4 and 5. One hundred fifty nine thousand Dollars and Cents per Lump Sum 2 _l]_ Individual Filter Underdrain System Each Rehabilitation Work complete ex cluding Bid Items 3, 4 and 5. Eight thousand five hundred Dollars and Cents per Each Pa11 B.doc B -1 Unit Bid Price in Figures $ 159,000.00 $ 8 500.00 $ $ Amount in Figures 159,000 .00 153,000.00 Addendum No. I Nove mb er 19, 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Proj ect 3 4 5 _1 L.S. _1 L.S. _1 L.S. ALLOWANCE for furnishing Leopold filter underdrains with integral IMS caps , air piping hoses , anchoring systems , and manufacturer 's services. Dollars ------------ and Cents --------- per Lump Sum ALLOWANCE for furnishing anthracite media to be used in replacing lost media. Dollars and Cents per Lump Sum Mobilization/Demobilization Twentv five thousand Dollars and Cents per Each $ 126,250 .00 $ 126,250.00 $ 34,000.00 $ 34,000.00 $ 25,000 .00 $ 25,000 .00 TOTAL BID PRICE (Items 1, 2 , 3, 4 and 5). Four hundred ninety seven thousand two hundred fifty (in words) dollars & no cents 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 this contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas , in the event the contract and bond or bonds are not executed and delivered within the time ab ove set forth , as liquidated damages for the delay and additional work caused thereby. P art B.doc B-2 Add endu m No. I Novem ber 19, 2008 C it y of Fort Worth Rolling Hills WTP Filter Rehabilitation Proj ect The undersigned bidder certifies 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 Contract Documents and the Specific Contract Documents and appurtenant drawings. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors , or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No . 7400. The Bidder agrees to begin construction within 10 Calendar Days after issue of the work order, and to complete the contract within 150 Calendar Days, and to meet the Substantial Completion requirements specified in Paragraph D-15 of the Special Conditions (Part D). State of Residency: (Check A or Bas appropriate and fill in blanks where applicable.) A. The principal place of business of our company is in the State of ________ _ Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statue is attached. Nonresident 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 . Addenda Acknowledgement: 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 in preparation of the foregoing bid: Addendum No . 1 (Initials) _--'C~H=----- Addendum No. 2 (Initials ) _--=C=H=----- Addendum No . 3 (Initials) _____ _ Addendum No. 4 (Initials) ------ Part B.doc B-3 Addendum No. I November 19, 2008 ....... City of Fort Worth Rolling Hill s WTP Filter Reh abilitation Project ....... (SE AL) If B idder is Corporation D ate: Part B.doc acting, By:~~~.....&.~~~~~~~~~;_ Charles Howard Enterprises , L.L.C., General Partner Title: Charles Howard, President Address: 607 South Pearson Lane Keller Texas 76248 Telephone : _8~1_7_-3_7~9--1~8~9_7 ______ _ B -4 Addendum No . I Novem ber 19, 2008 ' . ' PART:.C , .. ,.. ' "-.. ~ GENERAL G_ONDITIONS . ' ' . .; . . SECTION Cl-1 PARTC GENERAL CONDITIONS DEFINITIONS Cl-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 PARTB PARTC PARTD PARTE PARTF PARTG NOTICE TO BIDDERS PROPOSAL GENERAL CONDITIONS SPECIAL CONDITIONS SPECIFICATIONS BONDS CONTRACT WHITE WIIlTE YELLOW GREEN WIIlTE 'WIIlTE 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 PARTF BONDS PART G CONTRACT PART H PLANS (Usually bond separately) Cl-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-l General Conditions Cl-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. Cl-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. Cl-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. Cl-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. Cl-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. Cl-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) Cl-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. Cl-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. Cl-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. Cl-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. Cl-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro Tern of the City of Fort Worth, Texas. Cl-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. Cl-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. Cl-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. Cl-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. C 1-1.19 EN GINER: 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. Cl-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. Cl-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 Department C-3 General Conditions Cl-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. Cl-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. Cl-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. Cl-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 ASCE LAW ASTM AWWA ASA HI Asph. Ave . Blvd. CI Fort Worth Water Department American Association of State Highway Transportation Officials American Society of Civil Engineers In Accordance With American Society of Testing Materials American Water Works Association American Standards Association Hydraulic Institute Asphalt Avenue Boulevard Cast Iron 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 0 .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 C 1-1.27 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. Cl-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 surf ace: 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 Cl-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". C 1-1.30 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 General Conditions Cl-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. Cl -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 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 Borings, 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 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 C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal". The Bid security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will, within the required time, execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2.7 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 Fort Worth Water Department C-9 General Conditions called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering of a proposal after the closing hour is an irregularity which cannot be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to , the following reason: A. Reasons for believing that collusion exists among bidders B. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C . The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. D. The bidder being in arrears on any existing contract or having defaulted on a previous contract. E. The bidder having performed a prior contract in an unsatisfactory manner. F. Lack of competency as revealed by the financial statement, experience of record, equipment schedule, and such inquiries as the Owner may see fit to make. G. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. H. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" -Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. Fort Worth Water Department C-10 General Conditions SECTION C3-3 AW ARD AND EXECUTION OF DOCUMENTS C3-3.1 CONSIDERATION OF PROPOSALS: After the proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as may be considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a Woman-Owned Business Enterprise (WBE) on the contract and the payment therefore. Contractor further agrees, upon request by the Owner, to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state, or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAW AL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3.5 AW ARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made at to the responsibility of the proposed awardee. Fort Worth Water Department C-11 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 561h 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. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages 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 General Conditions C3-3.l 1 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. E. F. G. Automobile Insurance -Bodily Iniury and Property Damage: 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. 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. 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. 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 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.I4 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.I5 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. Fort Worth Water Department C-16 General Conditions 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 C). 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 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. C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this Contract, the Contractor shall submit to the Owner and receive the Owner's approval thereof, a "Schedule of Operations" showing by a straight line method the date of commencing and finishing each of the major elements of the Contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There 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 W' x 11" sheets and at least five black or blue prints shall be furnished to the Owner. C4-4.7 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: 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 additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. 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 General Conditions 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, lighed 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. CS-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 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 contrary to the requirements of the Contract Documents. He will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any 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 C5-5.9 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 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. C5-5.ll SUBSTITUTE MATERIALS OR E QUIPMENT: 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 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 . CS-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. CS-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. Fort Worth Water Department C-26 General Conditions 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 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: Fort Worth Water Department 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 C-27 General Conditions B. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the 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 .l 7 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.l 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 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 Fort Worth Water Department C-30 General Conditions - - 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 of 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. 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", 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 Di vision, 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 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 WEIGHf, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four (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 respondeat 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 RESPONSIBILITY 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 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 rem.:tins 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 whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: A. The claim has been settled and a release has been obtained from the claimant involved, or Fort Worth Water Department C-35 General 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 Contr~ct. 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 ADWSTMENT 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. C6-6.19 NO W AIYER 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 The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power 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 (H) of the Texas Limited Sales, excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with 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. On a contract awarded by a developer for the construction of a publicly-owned improvement in a street right of way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. Limited Sale, Excise, and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Di vision Austin, Texas Fort Worth Water Department C-38 General Conditions SECTION C7-7 PROSECUTION AND PROGRESS C7-7 .1 SUBLETIING: 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 Port Worth Water Department C-39 General Conditions Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7 .8 "Extension of Time of Completion" of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public 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 emp~oyed 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 Cl-1.23 "WORKING DAY" or the date stipulated in the "WORK ORDER" for beginning work, whichever comes first. Fo rt Worth Water Department C-40 General Condi tions 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 Cl-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 TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of 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 and returning the necessary equipment to the job when it is determined by the Engineer tat Fort Worth Water Department C-43 General 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. 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 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 of Fort Worth Water Department C-45 General 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 Conditions 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, howeve·r, 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 ; ~· 1 . ... t ~. ' ' .. ,. ' ' •. 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. ,I ~ ,)., Fort Worth Water Department C-49 General Conditions SECTION C8-8 MEASURMENTANDPAYMENT C8-8. l 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 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 Conditions 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.ll 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 PART CS SUPPLEMENTARY CONDITIONS (TO PART C) SUPPLEMENTARY CONDITIONS FORT WORTH, WATER DEPARTMENT WATER AND WASTEWATER TREATMENT PLANT PROJECTS October 1, 2008 1. CONTRACT DOCUMENTS: In Section Cl-1.2 CONTRACT DOCUMENTS, delete Paragraph Cl-1.2b SPECIAL CONTRACT DOCUMENTS and add the following: "b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A -NOTICE TO BIDDERS (Advertisement) SPECIAL INSTRUCTION TO BIDDERS PART B -PROPOSAL (Bid) M/WBE BID SPECIFICATIONS PART C -GENERAL CONDITIONS PART CS-SUPPLEMENTARY CONDITIONS PART D -SPECIAL CONDITIONS PART E -TECHNICAL SPECIFICATIONS PERMITS/EASEMENTS (Some Permits are Multicolored) PART F -BONDS AND INSURANCE PART G-CONTRACT PART H -PLANS/FIGURES (may be bound separately) White White White Golden Rod Canary Yell ow Green Green White White White White White" 2. DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: Delete entire Paragraph C 1-1.17, and replace with the following: Cl-1.17 DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: The officially appointed Director of the Transportation and Public Works Department of the City of Fort Worth, or his duly authorized representative, assistant, or agents. 3. ENGINEER: Delete entire Paragraph Cl-1.19, and replace with the following: The Director of Fort Worth Transportation and Public Works Department, 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. 4 . PROPOSAL FORM: In Section C2-2.1, Paragraph 1, revise last sentence to read as follows: "The Bidder shall furnish a Financial Statement, Equipment Schedule, and Experience Record, all of which must be properly executed and filed with the Director of the Water Department one week prior to the hour for opening of bids. Information shall be on forms provided by the Bidder and acceptable to the City. CS-1 5. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: In Section C2-2 .3, Paragraph 2, add the following to the last sentence: "except for changes in the site conditions caused by factors outside of the control of the Contractor which occur after the Contractor's inspection and prior to installation." 6. INTERPRETATION AND PREPARATION OF PROPOSAL: Part C -General Conditions, Section C2-2, 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 and other required material, to the Purchasing Manager or his representative at the official location and stated time set forth in 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 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." C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for the opening of 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. 7. MINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Delete entire Paragraph C3-3.2, and replace with the following: C3-3 .2 MINORITY AND WOMEN BUSINESS ENTERPRISES: In a 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 Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the CS-2 liiiil 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 the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three (3) years. 8. C3-3.5 A WARD OF CONTRACT is modified to read as follows: "The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed the period stated for the duration of the Bid Security stated in the Notice to Bidders or 90 days, whichever is shorter." 9. C3-3.7 BONDS. For the Paragraph after Paragraph C3-3.7d OTHER BONDS, which begins with "No sureties", change the entire paragraph to read as follows: "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 United 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. Each bond shall be properly executed by both the Contractor and the Bonding Company." CS-3 10. INSURANCE. Delete entire Paragraph C3-3.11 INSURANCE, and replace with the following:: C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required under the Contract Documents, and such insurance has been approved by the Owner and certificates of Insurance shall be delivered to the Owner (City of Fort Worth, Contract Administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, Texas 76102) prior to commencement of work on the contract project. 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. The General Contractor may require all subcontractors to be insured and submit documentation ensuring that the requirements of C3-3.ll are met for all subcontractors. Failure of the Owner to request required documentation, shall not constitute a waiver of the insurance requirements specified herein. The Contractor's liability shall not be limited to the specified amounts of insurance required herein. a. b. C. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Worker's 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 Worker's Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. Worker's compensation insurance covering employees in the project site shall be indorsed with a waiver of subrogation providing rights of recovery in favor of the OWNER. COMMERICAL GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, General Liability Insurance (Public Liability and Property Damage Insurance) in the amount not less than $500,000 covering each occurrence/aggregate on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence/aggregate on account of property damage with $2,000,000 umbrella policy coverage. Certificates of insurance shall state that Insurance is on an "occurrence" basis. Certificate shall also contain a statement that no exclusions by endorsement have been made to the Commercial General Liability Policy. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a 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: CS-4 1. Contingent Liability (covers General Contractor's Liability for acts of sub-contractors). 2. Blasting, prior to any blasting being done . 3. Collapse of buildings or structures adjacent to excavation ill excavation are performed adjacent to same). 4. Damage to underground utilities for $500,000. 5. Builder's risk (where above-ground structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). The City, its offices, employees and servants shall be endorsed as additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's worker's compensation insurance policy. Contractor's insurance policies shall be indorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by the OWNER shall not be called upon to contribute to loss recovery. 7. When required by the Contract Documents, Environmental Impairment Liability Coverage must be provided in the limits of $1,000,000 per occurrence and $2,000,000 annual aggregate. The Environmental Impairment Liability (EIL) must contain coverage for sudden and accidental contamination or pollution, liability for gradual emissions, and clean-up costs. The EIL coverage shall include two year completed operations coverage on a per Project basis. A separate insurance policy may be needed to fulfill this requirement. EIL for damages incurred in the course of transporting sludge shall be covered under the contractor's insurance policy(s). d. AUTOMOBILE INSURANCE -BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain during the life of this Contract, Comprehensive Automobile Liability Insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 aggregate on account of one accident, and automobile property damage insurance in an amount not less than $100,000 aggregate. 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 CS-5 - f. g. h. l. J. 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. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached.) Other than Worker's Compensation Insurance, in lieu of specified insurance, the 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. All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Prime Contractor's insurance not cover the sub-contractor's work operations. DEDUCTIBLE LIMITS. The deductible limits or self-funded retention limits, on each policy must not exceed $10,000 per occurrence unless otherwise approved by the City. INSURANCE COMP ANY: The insurance company with whom the Contractor's insurance is written shall be authorized to do business in the State of Texas and shall have a current A.M. Best Rating of "A: VII" or equivalent measure of financial strength and solvency. NOTIFICATION. During the lifetime of this contract, the Contractor shall notify the ENGINEER in writing, of any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss . CANCELLATION: Insurance shall be endorsed to provide the City with a minimum of thirty days notice of cancellation, non-renewal and/or material change in insurance policy terms or coverage. A minimumlO day notice shall be acceptable in the event of non-payment of insurance premium to insurance company. CITY RESPONSIBILITIES. The City shall not be responsible for direct payment of insurance premium costs for Contractor's Insurance. 11 C3-3.13 WAGE RATES: Delete Paragraph C3-3-13 WEEKLY PAYROLLS in its entirety and replace with C3-3-13 WAGE RATES as shown below: "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. CS-6 liiil The Contractor, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) that name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; (ii) the actual per diem wages paid to each worker. These records shall be open, all reasonable hours, for inspection by the City. The provisions of Section C8-8- 14, RIGHT TO AUDIT, pertain to this inspection. The Contractor shall include in its subcontract's and/or shall otherwise require all of its subcontractors to comply with paragraphs above. 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." 12. INCREASED OR DECREASED QUANTITIES: Revise Paragraph C4-4.3 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 established in the contract documents. No allowance will be made for any changes in lost or anticipated profits not 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 overall quantities of sanitary sewer pipe in each pipe size, but not to the various depth categories. 13. LIMITATION OF INCIDENTAL CHARGES (Reference C4 -4.5c): The Contractor agrees that should any change in the work of extra work be ordered, the following applicable percentage shall be added to Material and Labor Costs to cover overhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed 15%. 2. Allowance to the Contractor for overhead and profit for extra work performed by a subcontractor and supervised by the Contractor shall not exceed 10%. Contractor shall be reimbursed for direct field overhead when the change requires an extension of the Contract period . Contractor shall not be reimbursed for indirect overhead or indirect costs related to changes to this contract. CS-7 - 14. TESTING COSTS: Paragraph 5-:S.12, revise the first sentence to read as follows: "Where, as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for by the Contractor unless otherwise specifically provided for in the Technical Specifications." 15. LAWS TO BE OBSERVED: Paragraph C6-6.1, delete "or which may be enacted later". After the word "exist," add "at the time of the Contract or may be hereafter exist during the performance of the Contract." 16. BUJLDING PERMITS: Paragraph C6-6.2 Insert the following at the end of the paragraph; "Contractors are responsible for obtaining all construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Department in accordance with the permit requirements and submit copy of updated schedule to the Engineer weekly. Building, plumbing, electrical and mechanical building permits are issued without charge. Water and sewer access fees will be paid by the Water Department. Any other permit fees are the responsibility of the Contractor." 17. BARRICADES, WARNINGS AND FLAGMEN: In Paragraph C6-6.8, replace the word "watchmen" wherever in appears with the word "flagmen". In the first paragraph, lines five (5) and six (6), replace "take all such other precautionary measures" with "take all reasonable necessary measures". 18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Delete entire Paragraph C6-6.12, and replace with the following: "C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to indemnify the City' Engineer and Architect, and their personnel at the project site for the Contractor's sole negligence. In addition, the Contractor covenants and agrees to indemnify, hold harmless and defend at its own expense, the Owner, its officers, agents, servants, and employees, from and against all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise of, the work and services to be performed hereunder by the Contractor, its officers, agents, employees subcontractors, licensees or invitees, whether or not any such iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of the Owner, its officers, agents, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless Owner from and against any and all injuries to the Owner's officers, agents, servants, and employees, loss or destruction of property of the Owner arising form the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused, in whole or in part, by the negligence or alleged negligence o(the Owner, its officers, agents, servants, or employees CS-8 - - - In the event the Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until the Contractor either (a) submits to the Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides the Owner with a letter from the 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." 19. STATE SALES TAX: A. Delete Paragraph C6-6.21 STATE SALES TAX in its entirety. B. This contract is issued by an organization, which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise, and Use Tax Act. All equipment and materials not consumed by or incorporated into the project construction are subject to State Sales Tax under House Bill 11, enacted August 15, 1991. All such taxes shall be included in the various amounts on the Proposal Form. The successful Bidder shall be required to submit a breakdown between costs of labor, consumable material and other construction costs and costs of material incorporated into the project construction prior to execution of this contract. B. At the time of execution of the Contract Documents by the Contractor, the Contractor shall complete the "Statement of Materials and Other Charges" which identifies the project costs anticipated in the Project into "Materials Incorporated into the Project" and "All Other Charges". The Contract shall be a "Separated Contract". C. The City of Fort Worth will issue appropriate Certificates of Resale to the Contractor. D. All Change Orders to the Contract will separate charges for materials and labor and will contain the following statement: "For purposes of complying with Texas Tax Code, the Contractor agrees that the charges for material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor." 20 AIR POLLUTION WATCH DAYS: Add the following to Section C7-7: C7-7.18 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 TIBS TIME CS-9 - liiiil - PERIOD HA VE 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 bums Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. 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. 21. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4 SCOPE OF PAYMENT in its entirety and replace 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 CS-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 CS-10 - 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." 22 . PARTIAL PAYMENTS: Change Paragraph C8-8.5 to read as follows: "Partial pay estimates shall be submitted by the Contractor 5th day and the 20th day of the month that work has been is in progress. The estimate shall be processed 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 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 invoice value thereof. The Contractor will furnish the engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000.00 at the execution, retainage shall be ten percent (10% ). For contracts of $400,000.00 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with subcontract agreement, within five (5) business days after receipt by the Contractor of the payment by the City. Contractor's failure to make the required payment 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 the same will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate. Payment of any partial pay 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 partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract." 23. GENERAL GUARANTY. Delete Paragraph C8-8.10 GENERAL GUARANTY in its entirety and replace 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 the 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 CS-11 - damages in the work and pay for any damage to the other work 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 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 specification, 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. 24. RIGHT TO AUDIT: Add the following to Section C8-8: CS-8.14 RIGHT TO AUDIT: "(a) The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) 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 such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c) hereof. The 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 contractor for the cost of the copies as follows: 1. 50 Copies and Under -10 cents per page. 2. More than 50 copies -85 cents for the first page plus fifteen cents for each page thereafter." ( 5/25/93) CS-12 liiiill liiiiil 25. SCHEDULE OF COSTS: Add the following to Section C8-8: C8-8.15 SCHEDULE OF COSTS: Following the completion of all work on the Project and prior to submittal of a request for final payment, the Contractor shall provide a Schedule of Costs to City for approval which lists all equipment systems, structures, building electrical and HV AC systems, overhead and project related costs. The items will be grouped into categories using the Owner's list of category codes which will be provided by the Owner at the Preconstruction Conference. The Schedule of Costs will be used by the City as input to the Capital Assets System, and will not be considered in preparation of modifications to the Contract. Costs associated with the preparation and processing of this schedule of costs shall be subsidiary to the price bid. The Contractor will also provide a projected payment schedule tied to the project schedule and the schedule of values which projects the monthly payments through the end of the Project. The Payment schedule must be submitted along with the first request for payment. This information is necessary to arrange financing of the Project by the City. END OF SECTION CS-13 PARTD SPECIAL CONDITIONS City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project PARTD SPECIAL CONDITIONS This Part D -Special Conditions is complimentary to Part C -General Conditions and Part Cl - 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 Cl -Supplementary Conditions to Part C of the Contract are to be read together. Any conflict between Part C -General Conditions and Part Cl -Supplementary Conditions of the Contract and this Part D, Part D shall control. FOR: ROLLING HILLS WATER TREATMENT PLANT FILTER REHABILITATION PROJECT WATER DEPARTMENT PROJECT NO. PW77-06077510050 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 Plans, 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. Part D Special Conditions.doc D-1 November 2008 - City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 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. D-2 LOCATION AND DESCRIPTION OF PROJECT The Rolling Hills Water Treatment Plant site is located at 2500 Southeast Loop 820, Fort Worth, TX 76140. This Contract consists of the furnishing of all the material, equipment, labor and supervision necessary for the rehabilitation work associated with the Filters No. 1 through No. 11 and No. 13 through No. 20 at the Rolling Hills Water Treatment Plant. Filter No. 20 will include complete retrofit of the filter underdrain system. The other filters will be modified with additional underdrain supports. The rehabilitation of the filters will require removal and reinstallation of the existing filter media. Filter No. 12 has previously been retrofitted at the Rolling Hills Water Treatment Plant. The work to be performed is as shown on the plans and as described herein . D-3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW A. Definitions: 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 warded the contract. Part D Special Conditions.doc D-2 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 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 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 that materially affects the provision of coverage of any person providing services on the 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. Part D Special Conditions.doc D-3 November 2008 City of Fort Worth Rolling Hills wrP Filter Rehabilitation Project 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 1. 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. 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: D-4 "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". PROJECT DESIGNATION SIGNS A project sign is not required for this project. Part D Special Conditions.doc D-4 November 2008 - ... - - City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project D-5 WAGE RA TES 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 be paid (see attached wage rates). When two or more wage rate scales are shown and wage rates shown in specific classifications are in conflict, the higher wage will be used. D-6 D-7 D-8 (NOT USED) {NOT USED) 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-9 {NOT USED) D-10 {NOT USED) D-11 UTILITIES The Contractor shall at his expense provide all utility services, including water, electricity, gas, telephone, etc., as may be required by him for temporary facilities during the construction and testing period. The City will make provisions for connections to the existing utilities provided that adequate service is available at appropriate points within the plant site; however, the Contractor shall make all necessary arrangements, furnish materials, and perform all labor and services for connections and metering. For utility services received by connections to utility lines owned by the City within the plant, the Contractor will be billed by the City each month. The City will pay for water power use associated with construction and testing. D-12 SUBSIDIARY WORK Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal for each bid item. Surface restoration and cleanup are general items of work which fall in the category of subsidiary work. Part D Special Conditions.doc D-5 November 2008 - - - - City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project D-13 RIGHT OF ACCESS Representatives of the Texas Commission on Environmental 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-14 OSHA STANDARDS All work performed under this contract shall meet the requirements of the Occupational Safety and Health Administration (OSHA). It is the responsibility of the Contractor to become familiar with the provisions of regulations published by the OSHA in the Federal Register and to perform all of 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 form the Contractor's failure to so perform. D-15 TIME OF COMPLETION The Owner desires that all work under this contract be completed, in total, within one hundred fifty (150) Calendar Days. Liquidated damages will be assessed the Contractor for failure to complete necessary work to meet the Substantial Completion and Final Completion dates. Substantial Completion is defined as completing all filter rehabilitation work required so that all twenty filters are complete and operational. Substantial Completion shall be met within one hundred twenty (120) Calendar Days from Notice to Proceed. The time period between Substantial Completion and Final Completion shall be scheduled for project cleanup and completion of punch list items necessary for finalizing the project and demobilizing from the site. In the event the Contractor fails to me Substantial Completion of the project, as defined above and in Section 01040, the Owner may withhold at a rate of $500.00 per Calendar Day as Liquidated Damages until Substantial Completion is met. In the event the Contractor fails to complete the Project in total within the time set forth above, the Owner may withhold at a rate of $500.00 per Calendar Day as Liquidated Damages until the project is completed intotal. Delete the schedule of Liquidated Damages in Section C&-7 .10 of the General Conditions. D-16 INTERPRETATION OF PHRASES Wherever the words "Directed", "Required", "Permitted", "Designated", "Considered Necessary", "Prescribed", or words of like import are used on the Plans or in the Specifications, it shall be understood that they are intended as Specifications, it shall be understood that they are intended as prerogative of the Owner and/or the Engineer; and, similarly, the words, "Approval", "Acceptable", "Satisfactory", or words of like import, shall mean approval, etc., by the Owner and/or Engineer. Wherever in the Specifications or in the Plans for the work the terms or description of various qualities relative to finish, workmanship, or other qualities of similar kind cannot, because of their nature, be Part D Special Conditions.doc D-6 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project specifically and briefly described and are customarily described in general terms, the Owner and/or Engineer shall be final judge as to whether or not the workmanship so described is being performed in accordance with the intent of the Plans and Specifications the work shall be completed in accordance with his interpretation of the meaning of such words, terms, or clauses . D-17 TERMINATION It is understood and agreed that this contract may be terminated by the City without obligation to 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-18 FINAL INSPECTION Final inspection shall be in conformance with general condition item "CS-5.18 Final Inspection" of PART C -GENERAL CONDITIONS . D-19 FINAL ACCEPTANCE After construction work is satisfactorily completed, the Owner shall make a final inspection of the project. The Owner will advise the Contractor if the project has been satisfactorily completed in accordance with the Plans and Specifications and issue a written statement of final acceptance in accordance with Section C8-8.7 FINAL ACCEPTANCE OF THE GENERAL CONDITIONS . After final acceptance, the Contractor shall provide a one-year guaranty in accordance with Section C 3-3.7 BONDS and C8-8 .10 GENERAL GUARANTY, of the General Conditions, commencing the date of final acceptance. D-20 (NOT USED) D-21 INTERPRETATION OF REQUIREMENTS a. Interpretation: Any question as to interpretation of drawings and specifications or any questions arising after examination of premises must be referred to the Engineer in writing. No interpretation nor instructions given verbally by any persons will be considered valid. b . Lack of Understanding: Lack of understanding of Drawings and Specifications or failure to secure information concerning all conditions will not justify any claims, and extra compensation will not be made simply because of lack of such knowledge. Part D Special Conditions.doc D-7 November 2008 - - City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project D-22 HAZARDOUS AND TOXIC MATERIALS Insofar as permitted by law, the Owner shall indemnify and hold harmless the Contractor from and against any and all liabilities, losses, cost, damages and expenses, arising out of use of the materials at the Owners site which are not under the direct control of the Contractor, including, but not limited to, any and all liability resulting form personal injury, including death, property liability, at any time, however caused, due to the presence or release of, or exposure, whether to the person or property injured or otherwise, to any hazardous or toxic substance, provided, however, that the City liability shall be limited to that established in Article 6252-19, Texas Revised Code and other applicable State statutes and Constitutional provisions. D-23 AGE In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the 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 solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. D-24 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that if any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provision and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to comply with the above-referenced law concerning disability discrimination in the performance of this agreement. D-25 MINORITY AND WOMEN BUSINESS ENTERPRISES The Minority and Women Business Enterprise requirements, per the City of Fort Worth Ordinance No. 15530, have been waived and are not applicable for this project. D-26 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. The maintenance bond shall be for a two-year period. Part D Special Conditions.doc D-8 November 2008 liil City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project D-27 INSURANCE Property insurance upon the entire work , including materials not in p lace at the site to the full in surable value thereof, is required . All Risk Builder's Risk Insurance shall include the interests of the Owner, the Contractor, Subcontractor and Sub-subcontractors in the w ork and shall include, but not be limited to, the perils of fire, lightning, flood, collapse, windstorm, hail, explosion, riot, ci vil commotion , smoke, aircraft , land vehicles , vandalism and malic ious mischief. The Builder's Risk Insurance shall be endorsed to permit occupancy prior to completion of construction and prior to acceptance by the Owner. A copy of the Builder's Risk Policy shall be filed with the Owner and shall include a thirty (30) day notice of cancellation of policy provision . D-28 (NOT USED) D-29 (NOT USED) D-30 (NOT USED) D-31 PROJECT SUPERINTENDENTS The Contractor shall keep a competent resident superintendent at the project site at all times during the progress of the work. A resume listing the qualifications and experience record of the proposed resident superintendent, as well as references from similar projects shall be submitted to the Owner, prior to the award of contract. This resident superintendent, if found to be acceptable, shall not be removed except under extraordinary circumstances. Qualifications of a proposed replacement shall be submitted when a request is made for the replacement of the superintendent and shall be approved by the Owner prior to withdrawing the Superintendent. During the construction of the project the resident superintendent shall demonstrate an ability to properly execute the work outlined in the contract documents in a timely manner and shall consistently produce work of an acceptable quality and in accordance with the contract documents. If the Owner shall have a reasonable objection to the performance of the resident superintendent, the Contractor shall replace the resident superintendent upon written notice from the Owner. The resident superintendent shall be replaced with a superintendent acceptable to the Owner. No extension of time will be allowed for delays caused by the replacement of a resident representative. D-32 {NOT USED) D-33 (NOT USED) D-34 (NOT USED) D-35 SANITARY FACILITIES FOR WORKMEN As set forth in the General Conditions , Section C6-6.4 , the Contractor shall provide all necessary sanitary con veniences for the use of workmen at the project site. The Contractor shall also provide adequate drinking water facilities. The Contractor and his subcontractors and workmen shall not use the existing plant sanitary facilities. Part D Special Co nditions.doc D-9 Nove mber 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project D-36 PAYMENT FOR MOBILIZATION OR DEMOBILIZATION Payments for mobilization and/or demobilization may be approved on periodical estimates for the percentage completed. The payment for mobilization shall not exceed three and one third (3 1/3 % ) percent of the total contract amount. Demobilization shall equal one half (l/2) the mobilization cost. Total payment for mobilization and demobilization will be made to the Contractor when each is complete. D-37 SEQUENCE OF CONSTRUCTION Prior to the start of any work on the project, Contractor shall meet with the Engineer and develop a construction schedule and sequence of operation. The construction schedule shall be with appropriate scheduling software. D-38 {NOT USED) D-39 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-40 LIMITS OF EXTRA COMPENSATION FOR 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 City Council for final approval or disapproval; and the action thereon by the City 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 material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his Performance Bond from all his obligations hereunder which shall remain in full force until the discharge of the Contract. D-41 PROGRESS PHOTOGRAPHS The Contractor shall take photographs of the project site prior to construction, throughout the construction of the project, and after completion of the project. Photographs shall be taken with a quality digital camera with date back capability, with lenses ranging form wide angle to 135mm. Photographs shall be taken at locations designated by the Engineer. The Contractor shall provide ten (10) photographs of the site prior to construction, twenty (20) photographs during the course of construction, and ten (10) photographs upon completion of work. Part D Special Conditions.doc D-10 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project D-42 SUBMITTALS The Contractor shall be responsible for the accuracy and completeness of the information contained in each submittal and shall insure that the values, material, equipment, or method of work shall be as described in the submittal. All submittals must be stamped by the Contractor, indicating that they have been checked by the Contractor for compliance with Contract Documents and approved by the Contractor, or contain certifications as required by the Contract Documents. Submittals that do not have the stamp applied or include the required certifications will be returned to the Contractor without processing. The Contractor shall ensure that there is no conflict with other submittals and notify the Engineer of each case where the proposed change may affect the work of another Contractor or Owner. The Contractor shall ensure coordination of submittals among the related crafts and Subcontractors. Submittals will not be accepted from Subcontractors or suppliers. The Contractor shall assign a number to each submission provided to the Engineer to allow each submittal to be tracked while processing through the review procedures. Submittals shall be accompanied by the Submittal Transmittal Form provided by the Engineer. A separate form shall be used for each specific item, class of material, equipment, and items specified in separate discrete sections, etc., for which a submittal is required. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package, or are so functionally related that they should be checked as a unit. Assignment of numbers shall be by means of a letter prefix, a sequence number, and letter suffix to indicate resubmittals. Refer to Section O 1300 for detailed submittal requirements. Applicable Prefixes are: CO Change Order CMR Contractor's Modification Request CTR Certified Test Report EIR Equipment Installation Report FO Field Order MIS Miscellaneous Submittals NBC Notifications by Contractor OM Operation and Maintenance Manual PCM Proposed Contract Modifications PE Periodical Estimate for Partial Payment RFI Request For Information PP Progress Photographs RD Record Drawing SD Shop Drawing SCH Schedule of Progress The sequence number shall be issued in chronological order for each type of submittal. Resubmittals shall be followed by a letter of the alphabet to indicate the number of times a submittal has been sent to the Engineer for processing. As an example, a submittal with the number RD -025 indicates that he submittal is the 25th item of Record Data submitted. Correct assignment of numbers is essential as different submittal types are processed in different ways. Part D Special Conditions.doc D-11 No vember 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project Some submittals received do not require that any response be given for the material. Contractor shall maintain a log of submissions to allow the processing of Contractor's submittals to be monitored. Logs will be reviewed periodically to determine that all submittals are received and processed. Submittal numbers are to be clearly noted on each page or sheet of the submittal. In addition, each submittal shall have a cross-referenced identification number relating to the specification that the submittal applies. The identification number shall be per Section 01300. Submittals shall be marked to show clearly the applicable sections of the specification and sheet number of drawings. D-43 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-44 SHOP DRAWINGS Equipment and material covered in PART E -SPECIFICATIONS shall have Shop Drawings submitted. The existing Operation and Maintenance Manuals shall be revised accordingly to reflect modifications resulting from this project. D-45 REQUEST FOR INFORMATION When necessary, the Contractor shall request additional information, clarification or interpretation of the contract documents or when the Contractor believes there is a conflict between contract documents or when the Contractor believes there is a conflict between the drawings and specifications, he shall identify the conflict and request clarification using the Request for Information (RFI) form provided by the Engineer. Sufficient information shall be attached to permit a written response without further information. The Engineer will log each request and will review the request. If review of the project information request indicates that a change to the contract documents is required, the Engineer will issue a Proposed Contract Modification as described in Paragraph D-46. D-46 CONTRACTOR MODIFICATION REQUEST/ PROPOSED CONTRACT MODIFICATION Any change in the contract documents that is requested will be initiated by the Contractor issuing a Contractor's Modification Request or by Engineer issuing a Proposed Contract Modifications on the form provided by the Engineer. Proposals will be reviewed by the Owner and if found acceptable will be incorporated in a Change Order in accordance with Section C4 of the GENERAL CONDITIONS, or by Field Order in accordance with Paragraph D-50 of the SPECIAL CONDITIONS. Part D Special Conditions.doc D-12 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project The Contractor's Modification Request shall fully identify and describe the deviations and associated costs, and state the reason the change is requested. Any savings in cost related to the substitution is to be stated in the request for consideration. D-47 RECORD DATA Record Data shall be submitted to provide information as to the general character, style and manufacturer of the equipment to allow the Owner to adequately identify the materials or equipment incorporated into the project. Record Data shall be provided for all equipment and materials of construction. Record Data are not required for items which Shop Drawings and/or Operations and Maintenance manuals are required. Record Data shall be complete to indicate where the material was incorporated into the project, provide schedules of materials and their use, colors, model numbers and other information which would allow this material to be replaced at some future date. Record Data will be received by the Engineer and logged for transmittal to the Owner. Record Data will not be reviewed for comment and no response will be made to the Contractor. D-48 EQUIPMENT INSTALLATION REPORT A written report shall be submitted by the equipment supplier performing the installation check for equipment as required. This report shall certify that 1) the equipment has been properly installed and lubricated, 2) is in accurate alignment, 3) is free from any undue stress imposed by connecting piping, equipment, or anchor bolts, and 4) has been operated under full load conditions and that it is operating satisfactorily. D-49 NOTIFICATION BY CONTRACTOR Written notification of the need for testing, observation of work by Engineer, intent to work outside of regular working hours, or the request to shutdown the facilities or make utility connections shall be given to the Engineer by issuance of a Notification By Contractor on a form provided by the Engineer. D-50 ALTERATION OF CONTRACT DOCUMENTS Paragraph C4-4.4 of the General Conditions shall be modified as follows: By Change Order or Field Order, the Owner reserves the right to make changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes are consistent with the overall intent of the Contract Documents. A Field Order is a written order issued by the Engineer which authorizes minor changes or alterations in the work that do not involve changes in the Contractor Time or Contract Amount. Modifications to the contract can only be authorized by a Change Order or Field Order. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. If Contractor believes that a minor change or alternation authorized by Field Order entitles him to an increase in contract amount or contract time, he shall not proceed with the work and shall, within 10 days after receiving the Field Order, so advise the Engineer in writing and request that a Change Order be issued in accordance with paragraph C4-4.5 of the General Conditions. Part D Special Conditions.doc D-13 November 2008 Ci ty ofFort Worth Rollin g Hill s WT P Filte r Reh ab ili tat ion Project HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator Asphalt Distnbutor Operator Asnha!t Paving Machine Ooerator Asphalt Raker A<mhalt Shoveler Batchinl! Plant Weil!lter Broom or Sweeper Operator Bulldozer Onerator Camenter Concrete Finisher, Pavin2 Concrete Finisher, Structures Concrete Paving Curbin2 Machine Onerator Concrete Paviol! Finishin2 Machine nn..nitor Concrete Paving Joint Sealer Oi,erator Concrete pavin2 Saw Onendor Concrete Pavin2 Spreader Ooerator Concrete Rubber Crane, Clamshell, Backhoe, Derrick, Dral!line, Shovel Onerator Electrician Flatter Form Builder/Setter, Structures FO!lD Setter, Paviru! & Curb Fo1D1dalion Drill Oneratnr, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Onerator Laborer, Common Laborer, Utilitv Mechanic Millin&: Machine Onerator, Fine Grade Mixer Onerator Motor Grader Operator, Fine Grade Motor Grader Onerator, Roul!:h Oiler Painter, Structures Pavement Marlcinl! Mach ine Operator Pipelaver Reinforcirur Steel Setter, Paving Reinforcin2 Steel Setter, Structure Roller Ooerator, Pneumatic, Self-Pronelled Roller Onerator, Steel Wheel, Flat WheeVfamnine. Roller Oocrator, Steel Wheel, Plant Mix Pavement Scraper Onerator Servicer Slin Form Machine Ooerator Spreader Box Ooerator Tractor °"""'1nr, Crawler Tvne Tractor Onerator, Pneumatic Travelin2 Mixer Oneratnr Truck Driver, Lowboy-Float Truck Driver, Sin2le Axle, Heavy Truck Driver, Single Axle , Lil!ltt Truclc Driver, Tandem Axle, Semi · Trailer Truck Driver, Transit-Mix Wagon Drill, Boring Machine , Post Hole Driller Operator Welder Work Zone Barricade Servicer Part D Special Conditions.doc D-14 $10.06 $13 .99 $12.7 8 $11.01 $ 8.80 $14.15 $ 9.88 $13.22 $12.80 $12.85 $13.27 $12.00 $13.63 $12.50 $13.56 $14.50 $10.61 $14.12 $18.12 $ 8.43 $11.63 SI 1.83 $13 .67 $16.30 $12.62 $ 9.18 $10 .65 $16.97 $11.83 $11.58 $15.20 $14.50 $14.98 $13.17 $10.04 $11.04 $14 .86 $16.29 $11.07 $10.92 $11.28 $11.42 $12.32 $1233 $10.92 $12 .60 $12.91 $12.03 $14.93 $11.47 $10.91 $11.75 $12.08 $14 .00 $13.5 7 $10 .09 November 2008 City of Fort Wo rth Rol li ng Hills WTP Fil ter Rehabi litatio n Proj ec t \.... a!:'.:.l'IL;;1LI ~n AC Mechanic AC Mechanic Helper Acoustical Ceiling Mechanic Bricklayer/Stone Mason Bricklayer/Stone Mason Helper Carpenter Caroenter Heloe r Concrete Finisher Concrete Form Builder Drywall Mechanic Drywall Helper Drywall Taper Drywall Taoer Heloer Electrician (Journeyman) Electrician Helper Electronic Techn i cian Electronic Techn i cian Helper Floor Layer (Resil ient) Aoor Layer Helper Glazier Glazier Helper Insulator Insulator Helper Laborer Common Laborer Skilled Lather Painter Pa inter Helper Pipefitter Pipefitter Helper Plasterer Plasterer He lper Part D Special Conditions .doc 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY -I I • ~ -:l, C -,~ I ~.::· - S21.69 Plumber s12.oo Plumber Helper $15.24 Reinforc ing Steel Setter $19.12 Roofer $10.10 Roofer Helper $16.23 Sheet Metal Worker St 1.91 Sheet Metal Worker Helper $13.49 Sprinkler System Installer $13.12 Sprinkler System Installer Helper $14.62 Steel Worker Structural $10 .91 Concrete Pump Crane, Clamsheel, Backhoe, Derrick, Oline $13 .00 Shovel $9 .00 Forklift $20.20 Front End Loader $14.43 Truck Driver $19.86 Welder $12.00 Welder Helper $20.00 $13.00 $18.00 $13 .00 $14.78 $11 .25 $10 .27 $13 .18 $16.1 0 $14.83 $8 .00 $18.85 $12.83 $17.25 $1 2.25 END OF SECTION D -1 5 ' J ~ ~:2 $20.43 S14.90 $10 .00 $14.00 $10.00 $16.96 S12.31 $18 .00 $9.00 $17 .43 $20.50 $17.76 $12.63 $10.50 $14.91 $16 .06 $9 .75 November 2008 PARTF BONDS 1------------------------------------------------------.. CERTIFICATE OF INSURANCE Certificate# 68074 ISSUE DAT E (MM /DD/YY) 3783 12/23/08 MULLIS· NEWBY· HURST LP BONDS AND INSURAN C E 5057 Ke ller Springs Road • Suite 400 • Addison, Texas 75001 9 72 .20 1.0100 • www.mnbins.com • Fax 972.201.0123 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON T HE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEN D, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A LEDER COMPANIES AFFORDING COVERAGE Old Republic General Insurance Corp.(CPG) 1--------------------------1 COMPANY B INSURED LEDER Old Republic Insurance Group (CPG) Eagle Contracting, LP. P.O. Box 1600 Keller, Tx 76244 COMPANY C LEDER COMPANY D LEDER COMPANY E LEDER Illinois National Insurance (AIG) Hanover Insurance Company COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IND ICATED, 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES , LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TY PE OF IN SURANCE POLICY NUMBER POLIC Y EFFECTIVE POLI CY EX PIR ATION DATE (MM/DD/YY) DATE (MM/DD/YY) LI MITS A GENERAL LIABILITY GENERAL AGGREGATE $ 2 000 000 A C B D X COMMERCIAL GENERAL LIABILITY CLAIMS MADE IK]occuR 1------t--~ OWNERS & CONTRACTORS' PROT. X Per Project Aggregate AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIAB ILIT Y UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER 'S COMPENSATION AN D EM PLOYERS' LIABI LI T Y OTHER Builders Risk A 1 CG36790801 AICA36790801 BE 7227321 A1CW36790801 RHD 8184123-02 03/01/08 03/01/08 03/01/08 03/01/08 03/01/08 03/01 /09 PRODUCTS-COMP/OP AGG. $ $ 2 000 000 1 000 000 03/01/09 03/01/09 03/01/09 03/01/09 PERSONAL & ADV. INJURY $ 1 000 000 $ 100 000 10 000 COMBINED SINGLE LIMIT $ 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Pe r accident) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ 20 000 000 AGGREGATE $ 20 000 000 STATUTORY LIMITS EACH ACCIDENT $ 1,000,000 DISEASE-POLICY LIMIT $ 1,000,000 DISEASE-EACH EMPLOYEE $ 1 000 000 $30,000 ,000 Jobsite Limit; except $1,000 ,000 Frame Limit $250,000 Transit/Storage Limit DESCRIPTION OF OPERATIONS/LOC ATIONSN EHICLE S/SP ECIAL ITE MS Re: Rolling Hills Water Treatment Plant Filter Rehabilitation Project PW 77-060775 10050 . City of Fo rt Worth Texas ; Fort Worth Water Department, its offices, employees and servants are named as Additi onal Insured s on a primary and non-contributory ba sis on all Liability po licies as required by written contract. A Waiver of Subrogation is included on all policies as required by written contract. CERTIFICATE HOLDER City of Fort Worth Texas Fort Worth Water Department 1000 Throckmorton Street Fort Worth, TX 76102 CANCELLAT IO N SH O ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFO RE T HE EXPIRATION DATE THEREOF, THE ISSU ING COMPANY WILL ENDEAVOR TO MAI L _lL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TH E LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LI ABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTAT IVES. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 ofVeron 's Annotated Civil Statues , Contractor Certifies that is provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth Project Number 060770510050 . STATE OF TEXAS § COUNTY OFT ARRANT § Eagle Contractinq, L.P. CO~OR -fn By .~~-~. Oarles H:w3rd Ehte.Q::ris::s, L.L.C., GfErctl PartrEt- Oarles H::wml, Pres:id:nt Title December 23, 2008 Date BEFORE ME, the undersigned authority, on this day personally appeared Oarles H:w3rd , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of E=gle a:rt:ratirq, r, P. for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd of December, 2008. Notary Public in and for the State of Texas Page I of I / THE STATE OF TEXAS COUNTY OF TARRANT Bond No . 46BCSEA2753 PERFORMANCE BOND § § § KNOW ALL BY THESE PRESENTS : That we.(!) Eagle Contracting, L.P ., a s Princip a l herein, and (2) Hartford Fire Insurance Connecticut Company, a corporation organi z ed under th e laws of the State of (3) I , and who is authorized to issue surety bond s in th e State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation situated in Tarrant, Denton, Parker and Wise Counties , Texas, Obligee herein , in the sum of Four hundred ninety seven thousand two hundred fifty Dollars ($497.250 .00) for the payment of which sum we bind ourselves, our heirs, executors. administrators, successors and a ssigns , j ointl y and severally, firmly by these presents . WHEREAS. Principal has entered into a certain written contract with the Obligee dated the 13-h. day of .J,. n u41 , 20tl, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of Rolling Hills Water Treatment Plant - Filter Rehabilitation Project {Project No . PW77-060775 l 0050) 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 W ITN ESS WH E R EOF , the dul y a ut hori ze d rep resenta tiv es of th e P ri nc ip a l and the Sure ty have execut e d thi s instrume nt. SIGNE D a nd S EA L E D thi s ( ?>ti, d ay of_V--'-A._Vl_!All----'---ra.,--=+-------' 20M. ATTEST : (P~~H ~ Billy Haynes (SE AL) Witness as to Principal Sandi S . Weer aman Witness : xxn:~x ~d ~ ~~ry Patricia L. Bartlett , Agency Representative (SE AL) §~~ Witness a~ Saffdy Rone y;.Agency Representative Ea le Contractina . L.P . Name: Charles Howard Preside nt Charles Howard Enterprises , L.L.C., Title : General Partner Address : 607 South Pearson Lane Keller. Texas 76248 Hartford Fire Insurance Company :~RETC:~~ Name: Caro lyn J . Goodenough Attorney in Fact Address : P.O. Box 130927 Dallas TX 75313-0927 Telephone Number: ( 800) 873-8212 NOJE: '" ( 1) (2) (3) Correct name of Principal (Contractor). Correct name of Surety . 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. Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD BOND , T-4 P .O . BOX 2103, 690 ASYLUM AVENUE HARTFORD , CONNECTICUT 06 11 5 KNOW ALL PERSONS BY THESE PRESENTS THAT: call: 888-266-3488 or fa x : 860-757-5835 Agency Code : 46 -505376 CK:] Hartford Fire Insurance Company, a corporatio n duly organized under the laws of the Sta te of Connecticut CK:] Hartford Casualty Insurance Company, a corpo ratio n duly organized under the laws of th e State of Indiana [KJ Hartford Accident and Indemnity Company, a corporation duly organ ized under th e laws of th e State of Co nnec ticu t D Hartford Underwriters Insurance Company , a corp oration duly organized under the laws of the State of Connecticut D Twin City Fire Insurance Company, a corporati on duly organized unde r th e laws of the State of In diana D Hartford Insurance Company of Illinois, a corp orat ion dul y organized un de r the laws of th e State of Tll inoi s D Hartford Insurance Company of the Midwest, a co rp orat ion dul y orga nized unde r the law s of the State of ln di ana D Hartford Insurance Company of the Southeast, a co rp orati on dul y organized und er th e laws of th e State of Flo rida having the ir home office in Hartford , Connecticut , (hereinafter collectively referred to as the "Compan ies ") do hereby make , constitute and appoint , up to the amount of unlimited: Sammy Joe Mullis, Jr., John William Newby, Robert Dona ld Hurst, Pa tricia Lee Bartlett, Julie Storm , Wilbert Raymond Watson , Carolyn J. Goodenough, Sandra Lee Roney of Dallas, TX their true and lawful Attorney(s)-in-Fact, each in the ir separate capacity if more than one is named above , t o sign its name as surety(ies) only as delineated above by [8l , and to execute , seal and acknowledge any and all bonds, undertakings , contracts and other written instruments in the nature thereof, on behalf of the Compan ies in the ir bus iness of guaranteeing the fidelity of persons , guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perm itted in any actions or proceedings allowed by law . In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Compan ies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice Pres ident and its corporate seals to be hereto affixed , duly attested by its Ass istant Secretary . Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically appl ied signatures applied to this Power of Attorney. Paul A . Bergenholtz, Ass istant Secretary STATE OF CONNECTICUT} ss. Hartford COUNTY OF HMTFORD David T. Akers , Assistant Vice President On this 4th day of August, 2004 , before me personally came David T . Akers , to me known , who be ing by me duly sworn , did depose and say: that he resides in the County of Hampden , Commonwealth of Massachusetts; that he is the Ass istant Vice President of the Companies , the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Scott E. Pase ka Notary Publ ic CERTIFICATE My Comm ission Expires October 31 , 2007 I, the undersigned , Assistant V ice President of the Companies , DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compan ies, wh ich is still in full force effective as of January 13 , 2009 Signed and sea led at the City of Hartford . fryf~r-- Gary w . Stumper, Assistant Vice President POA2005 TH'E HAR.TFORD Claims Inauiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: Fax-Claims E-mail Mailing Address Claims Inquiries Notice 2003 888-266-3488 860-757-5835 or 860-221-3965 bond.claims@thehartford.com The Hartford BOND, T-4 One Hartford Plaza Hartford, CT 0615 5 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent. You may call Hartford Insurance Group at the toll free telephone number for information or to make a complaint at: 1-800-392-7805 You may also write to The Hartford : The Hartford Hartford Financial Products 2 Park Avenue, 5th Floor New York, New York 10016 1-212-277-0400 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance P.O . Box 149104 Austin, TX 78714-9104 Fax Number (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state .tx.us PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for your information only and does not become a part or condition of the attached document. F-4275-1, .m<4275-1 HR 42 H006 00 0807 AVISO IMPORTANTE Para obtener informacion o para someter una queja . Puede comunicarse con su agente . Usted puede llamar al numero de telefono gratis de The Hartford Insurance Group para indormacion o para someter una queja al 1-800-392-7805 Usted tambien puede escribir a The Hartford . The Hartford Hartford Financial Products 2 Park Avenue, 5th Floor New York, New York 10016 1-212-277-0400 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de compaf\ias , coberturas , derechos o quejas al : · 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O . Box 149104 Austin, TX 78714-9104 Fax Number (512) 475-1771 Web : http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una, disputa concerniente a su prima o a un reclamo, debe comunicarse con su agente primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TOI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. Bond No . 46BCSEA2753 PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: That we, (I), Eagle Contracting, L.P . . as Principal herein , and (2) Hanford Fire Insurance Companv, a corporation organi ze d and existing under the laws of the State of (3) Connecticut _! __ , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation situated in Tarrant, D enton , Parker and Wise Counties, Texas, Obligee herein , in the amount of Four hundred nin ety seven thousand two hundred fifty Dollars ($497.250.00) 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 tk dated the @_day of .J~t1&A.A~ , 20~, 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: Rolling Hills Water Treatment Plant -Filter Rehabilitation Project (Project No. PW77-060775 l 0050) 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 WI TNE SS WH E R EOF, th e dul y a utho ri ze d re pre senta t ives of th e Principa l and th e Surety ha ve execute d thi s in strum e nt. SIGN E D a nd SEALED thi s (? ~ d ay o f _.J~(),.~vt-~--"J------' 2~. ATIEST: (Prin~a~-- Billy Haynes (SE AL) ~ f),.. tf ...uc I ~ • --' W itness as to Principal Sand i S. Weeraman Witness : ~:X ~J/3~ ~ Patricia L . Bartlett , Agency Representative (SE AL) Name: Charles Howard, President Charles Howard Enterprises , L.L .C .. Title : General Partner Address : 607 South Pearson Lane Keller, Texas 76248 Hartford Fire Insurance Company SURETY -() By Cu:cQ)~~ Name : Carolyn J . Goodenough Attorney in Fact Address : P.O. Box 130927 Dallas TX 75313-0927 Telephone Number: ( 800) 872-8212 ( 1) (2) (3) Correct name of Principal (Contractor). Correct name of Surety . 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. Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD BOND, T-4 P .O . BOX 2103 , 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 KNOW ALL PERSONS BY THESE PRESENTS THAT: call: 888-266-3488 or fa x : 860-757-5835 Agency Code: 46-505376 CK] Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut CK] Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana [[] Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut c:J Hartford Undetwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut D Twin City Fire Insurance Company, a corporation duly organized und er the laws of the State oflndiana D Hartford Insurance Company of lflinols, a corporation duly organized und er the laws of th e State of Illinois c:J Hartford Insurance Company of the Midwest. a corporation duly organized under the laws of the State oflndiana D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make , constitute and appoint, up to the amount of unlimited: Sammy Joe Mullis, Jr., John William Newby, Robert Donald Hurst, Patricia Lee Bartlett, Julie Storm, Wilbert Raymond Watson, Carolyn J. Goodenough , Sandra Lee Roney of Dallas, TX their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as del ineated above by C81, and to execute , seal and acknowledge any and all bonds, undertakings , contracts and other written instruments in the nature thereof, on behalf of the Companies in the ir business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21 , 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed , duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Paul A. Bergenholtz, Ass istant Secretary STATE OF CONNECTICUT} ss. Hartford COUNTY OF HARTFORD David T . Akers, Assistant Vice President On this 4th day of August, 2004 , before me personally came David T . Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals ; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. A ~ CERTFICATE Scott E. Paseka Notary Public My Commission Expires October 31, 2007 I, the undersigned , Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compan ies , which is still in full force effective as of January 13 , 2009 Signed and sealed at the City of Hartford. . h~ /ii....__ __________ -----· ffr(f. . ;JLJ ---·-···-· I .. V Gary W. Stumper, Assistant Vice President POA2005 -- Claims Inauiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford' s underwriting companies to the following: Phone Number: Fax-Claims E-mail Mailing Address Claims Inquiries Notice 2003 888-266-3488 860-757-5835 or 860-221-3965 bond.claims@thehartford.com The Hartford BOND, T-4 One Hartford Plaza Hartford, CT 06155 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent. You may call Hartford Insurance Group at the toll free telephone number for information or to make a complaint at: 1-800-392-7805 You may also write to The Hartford : The Hartford Hartford Financial Products 2 Park Avenue, 5th Floor New York, New York 10016 1-212-277 -0400 You may contact the Texas Department of Insurance to obtain information on companies , coverages , rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 Fax Number (512) 475-1771 Web: http://www. tdi.state. tx. us E-mail: ConsumerProtection@tdi .state . tx.us PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for your information only and does not become a part or condition of the attached document. F-4275-1, .ITX4275-1 HR 42 H006 00 0807 AVISO IMPORTANTE Para obtener i nformacion o para someter una queja . Puede comunicarse con su agente. Usted puede llamar al numero de telefono gratis de The Hartford Insurance Group para indormacion o para someter una queja al 1-800-392-7805 Usted tamb ien puede escribir a The Hartford . The Hartford Hartford Financial Products 2 Park Avenue, 5th Floor New York, New York 10016 1-212-277 -0400 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de compariias , coberturas , derechos o quejas al : 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 Fax Number (512) 475-1771 Web : http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state .tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene um~ disputa concerniente a su prima o a un reclamo, debe comunicarse con su agente primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TOI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS : § § § Bond No. 46BCSEA2753 MAINTENANCE BOND That Eag le Contra c ting, L.P. ("Contractor"), as principal , and, H art fo rd F ire Insurance Company Connecticut a corporation organized under the laws of the State of _/ _, ("Surety "), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Munic ipal Corporation chartered by virtue of Constitution and laws of the State of Texas , ("City ") in Tarrant County , Texas, the sum of Fo ur hundr ed n in e ty seven th o usand two hundred fi fty D o ll a r s ($497,250 .00), lawful money of the United States , for payment of which sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves , their heirs , executors , administrators , assigns and successors , jointly and severally . This obligation is conditioned . however. that: WHEREAS , said Contractor has this day entered into a written Contract with the City of Fort Worth, dated the 1?,*"' of '1A.n &.A.A Y''1 , 20~. a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements : Rolling Hills Water Treatment Plant -Filter Rehabilitation Project the same be ing referred to herein and in said contract as the Work and being designated as project number(s) PW77-06077510050 and said contract, including all of the specifications , conditions, addenda, change orders and written instruments referred to therein as Contract Documents being incorporated herein and being made a part hereof; and , WHEREAS , in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City ; and WHEREAS , said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) years; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period , if in the opinion of the Director of the City of Fort Worth Water Department, it be necessary; and , WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided . NOW THEREFORE , if said Contractor shall keep and perform its said agreement to maintain , repair or reconstruct said Work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise , this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract . This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted . IN WITNESS WHEREOF , this instrument is executed in Five ( 5) which shal l be deemed an original , this 13tkday of V~YI ~ counterparts, each of , A.O . 20.P!J_. ATTEST : (SE AL) Billy Haynes Witness : ~lX (SE AL) ~:i~ Patricia L. Bartlett, ~ Agency Representative / Eagle Contracting, L.P . Name : Charles Howard, President Charles Howard Enterprises, L.L.C ., Title : General Partner Hartford Fire Insurance Company Surety Q By ~ Name : Carolyn J . Goodenough Title : Attorney-in-Fact P .O. Box 130927 Dallas TX 75313-0927 Address Direct Inquiries/Claims to : POWER OF ATTORNEY THE HARTFORD BOND, T-4 P .O . BOX 2 103 , 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 c all: 888-266-3488 or fax : 860-757-5835 Agency Code : 46 -505376 KNOW ALL PERSONS BY THESE PRESENTS THAT: m Hartford Fire Insurance Company, a corporation du ly organized under the laws of the State of Connect icut m Hartford Casualty Insurance Company, a corpo ration duly organized under the laws of the State of Indiana CK::] Hartford Accident and Indemnity Company, a corp oration duly organized under the laws of the State of Connecticut c::J Hartford Undeiwriters Insurance Company , a corporation duly organized un der th e laws of the State o f Connecticut D Twin City Fire Insurance Company, a co rporation duly organized unde r the laws of the State oflndiana D Hartford Insurance Company of Illinois, a coJ1)oration duly organized under the laws o f the State o f Ill inois LJ Hartford Insurance Company of the Midwest, a corporation du ly organized under the laws of the State o f Jnd iana D Hartford Insurance Company of the Southeast, a co rp oration dul y organized und er the Jaws of the State of Florid a hav ing the ir home office in Hartford , Connecticut , (he rein after collective ly referred to as the ·compan ies") do hereby ma ke, constitu te and appoint , up to the amount of unlimited: Sammy Joe Mullis, Jr., John William Newby, Robert Donald Hurs t, Patricia Lee Bartlett, Julie Storm, Wilbert Raymon d Watson, Carolyn J. Goodenough, Sandra Lee Roney of Dallas, TX their true and lawful Attomey(s)-i n-Fact, each in the ir separate capacity if more than one is named abov e , to sign its name as su rety(ies) only as delineated above by 181 , and to execute, sea l and acknowledge any and all bonds , undertakings , contracts and other written instruments in the nature thereof, on behalf of the Compan ies in the ir bus in ess of guaran teeing the fide li ty of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings re quired or perm itted in any action s or proceed ings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21 , 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed , duly attested by its Assistant Secretary . Further, pursuant to Resolut ion of the Board of Directors of the Compan ies , the Compan ies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney . Paul A. Bergenholtz , Ass istant Secretary STATE OF CONNECTICUT} ss. Hartford COUNTY OF HARTFORD Dav id T. Akers , Assistant Vice President On this 4th day of August, 2004 , before me personally came David T. Akers , to me known , who be ing by me duly sworn , d id depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts ; that he is the Ass istant Vice Pres ident of the Companies , the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals ; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by li ke authority. Scott E. Paseka Notary Publi c CERTFICATE My Commis si on Expi res Oct ober 31, 2007 I, the undersigned , Ass istant V ice Pres ident of the Companies , DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compan ies, which is st ill in full force effective as of January 13 , 2009 Signed and sealed at the City of Hartford . •• f17f~j----- Gary W . Stumper, Assistant Vice President POA2005 ~> THE .. HART .FORD Claims Inauiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford' s underwriting companies to the following: Phone Number: Fax-Claims E-mail Mailing Address Claims Inquiries Notice 2003 888-266-3488 860-757-5835 or 860-221-3965 bond .claims@thehartford.com The Hartford BOND, T-4 One Hartford Plaza Hartford, CT 0615 5 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent. You may call Hartford Insurance Group at the toll free telephone number for information or to make a complaint at: 1-800-392-7805 You may also write to The Hartford : The Hartford Hartford Financial Products 2 Park Avenue, 5th Floor New York, New York 10016 1-212-277-0400 You may contact the Texas Department of Insurance to obtain information on companies , coverages , rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance P .O . Box 149104 Austin , TX 78714-9104 Fax Number (512) 475-1771 Web: http ://www. tdi.state. tx. us E-mail: ConsumerProtection@tdi .state.tx .us PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for your information only and does not become a part or condition of the attached document. F-4275 -1, .fTX4275 -1 HR 42 H006 00 0807 AVISO IMPORTANTE Para obtener i nformaci on o para someter una queja. Puede comunicarse con su agente . Usted puede llamar al nume ro de telefono gratis de The Hartford Insurance Group para indormacion o para someter una queja al 1-800-392-7805 Usted tambien puede escribir a The Hartford . The Hartford Hartford Financial Products 2 Park Avenue , 5th Floor New York, New York 10016 1-212-277-0400 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companfas , coberturas , derechos o quejas al : . 1-800-252-3439 Puede escribi r al Departamento de Seguros de Texas P.O . Box 149104 Austin, TX 78714 -9104 Fax Number (512) 475-1771 Web : http ://www .td i.state .tx .us E-ma il: ConsumerProtection@td i.state.tx.us DISPUTAS SOBRE PRIMAS O REC LAMOS: Si tiene una disputa concerniente a su prima o a uri reclamo, debe comunicarse con su agente primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. PARTG CONTRACT THE STATE OF TEXAS COUNTY OFT ARRANT PART G -CONTRACT THIS CONTRACT, made and entered into \ 3 :TciV!vA I'~ 2 CO 't _____________ by and between the City of Fort Worth, a home-rule municipal corporation located in Tarrant County, Texas, acting through its City Manager thereunto duly authorized so to do , Party of the First Part, hereinafter termed "OWNER", and _Eagle Contracting, L.P. of the City of Keller, County ofTarrant,_and State of Texas , Party of the Second Part, hereinafter termed "CONTRACTOR". WITNESS ETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said Party of the First Part (Owner) to commence and complete certain work described as follows: City of Fort Worth, Texas Rolling Hills Water Treatment Plant Filter Rehabilitation Project Project No. PW77-06077510050 and all extra work connected therewith, under the terms as stated on the Contract Documents, and at his (their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, bonds, insurance , and other accessories and services necessary to complete the said construction, in accordance with all the requirements of the Contract Documents , which include all maps, plats, blueprints and other drawings and printed or written explanatocy matter; thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been identified by the endorsement of the Contractor and the Engineers thereon, together with the Contractor's Written Proposal and the other parts of the Contract Documents hereto attached, including the Fort Worth Water Department General Contract Documents and General Specifications, all of which are made a part hereof and collectively evidence and constitute the entire contract. The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to Substantially Complete and Totally Complete same within the time stated in the Proposal. The Owner agrees to pay the Contractor in current funds for the performance of the contract in acco r dance with the Proposal submitted therefore , subject to additions and deductions, as provided in the Contract Documents and all approved modifications thereof, and to make payment on account thereof as provided therein. G-1 IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in quadruplicate in the year and day first above written. ATTEST: City of Fort Worth, Texas (Owner) Party of the First Part Fernando Costa 1"\ /a--;-{}~ /1 , ~ Assistant City Manager M~~tary C-l~'L '62... Contract AuthorizatioR (SEAL) 1-/o -cft Date WITNESS: Fagle Contracting, L.P. ByLLLJJ~ Sandi s. Weerarnan Approved for Fort Worth City Water Department: S. Frank Crumb, Water Director Approved as to Form and Legality: G-2 Charles Howard Enterprises, L.L.C ., General Partner Charles Howard, President ' ........ .,. ....... PARTE TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS City ofFort Worth Rolling Hills WTP Filter Rehabili tati on Proj ect PART 1: GENERAL SECTION 01005 ABBREVIATIONS 1.01 SCOPE OF WORK A . Whenever in these Contract Documents the following abbreviations are used , th e intent and meanin g shall be interpreted as follows : AA AAMA AASHTO ACI AFBMA AGA AGMA AISC AISI AITC AMCA ANSI APA API AREA ASAE ASCE ASHRAE ASME ASTM AWI AWPA AWPB AWS AWWA BHMA CBMA CDA CGA CISPI CMAA CRSI Fed. Spec. HI HMI ICBO IEEE IPCEA FOI005 .doc Aluminum Association Architectural Aluminum Manufacturers' Association American Association of State Highway and Transportation Officials American Concrete Institute Anti-Friction Bearing Manufacturers' Association American Gas Association American Gear Manufacturers' Association American Institute of Steel Construction American Iron and Steel Institute American Institute of Timber Construction Air Moving and Conditioning Association American National Standards Institute American Plywood Association American Petroleum Institute American Railway Engineering Association American Society of Agricultural Engineers American Society of Civil Engineers American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. American Society of Mechanical Engineers American Society of Testing and Materials Architectural Woodwork Institute American Wood Preservers' Association American Wood Preservers' Bureau American Welding Society American Water Works Association Builders' Hardware Manufacturers' Association Certified Ballast Manufacturers' Association Copper Development Association Compressed Gas Association Cast Iron Soil Pipe Institute Crane Manufacturers' Association of America Concrete Reinforcing Steel Institute Federal Specifications Hydraulic Institute Hoist Manufacturers' Institute International Conference of Building Officials Institute of Electrical and Electronics Engineers, Inc. Insulated Power Cable Engineer's Association 01005-1 Nove mbe r 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project MMA NACE NBMA NEC NEMA NESC NFPA NLMA NWMA OECI OSHA PS RMA SAE SSPC TCA TEMA UBC UL WWPA FOI005.doc Monorail Manufacturers' Association National Association of Coatings Engineers National Builders' Hardware Association National Electrical Code National Electrical Manufacturers' Association National Electric Safety Code National Fire Protection Association National Lumber Manufacturers' Association National Woodwork Manufacturers' Association Overhead Electrical Crane Institute Occupational Safety and Health Act (both Federal & State) Product Standards Sections -U.S . Department of Commerce Rubber Manufacturers' Association Society of Automotive Engineers Steel Structures Painting Council Tile Council of America Tubular Exchanger Manufacturers' Association Uniform Building Code Underwriter's Labor atories, Inc. Western Wood Prod ucts Association END OF SECTION 01005-2 Novembe r 2008 City of Fort Wo rth Rolling Hills WTP Filte r Rehab ili ta ti on Projec t PART 1: GENERAL 1.01 SCOPE OF WORK SECTION 01010 SUMMARY OF WORK A. This Section describes the project in general and pro vides 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 prepared by CDM and ITT Leopold. The Contractor 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 of 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. 1.02 DESCRIPTION OF THE PROJECT A. The work of this project is located at Fort Worth's Rolling Hills Water Treatment Plant, 2500 Southeast Loop 820 Fort Worth TX 76140, as shown on the Location Map on Sheet 1 of the Drawings. B . The Rolling Hills Water Treatment Plant (RHWTP) is 200-mgd conventional plant. The plant consists of the original North Plant basins and filters (100-mgd capacity); South Plant basins and filters (100-mgd capacity); raw water ozonation facilities (200-mgd capacity); common rapid mix basin (200-mgd capacity); common chemical storage and feed facilities; common clearwells and high service pump station; and common washwater recovery system facilities. As part of the RHWTP Facilities Upgrade and 40-MGD Expansion, Phase 3 -Plant Process Improvements Project, the existing twenty filters were retrofitted with new air/water underdrains, anthracite media, backwash troughs, piping, valves, meters and instrumentation. These improvements were completed in two stages. The South Plant filters (Nos. 11-20) were completed in May 2004 . The North Plant filters (Nos. 1 -10) were completed in April 2005. In March 2008, the underdrain system for Filter No. 12 failed, damaging the underdrain system. Filter No. 12 was retrofitted with a new underdrain system and anthracite media in the summer of 2008. In August 2008, prior to startup of Filter No. 12, the underdrain system for Filter No. 20 failed. The damage requires that the entire filter underdrain system be replaced. C. This project will include retrofitting Filter No. 20 with a new underdrain system and modifying eighteen filters (Filters No. 1 through No. 11 and Filters No. 13 through 19) with additional underdrain hold down supports and sealing ex isting voids between the flume block and filter floor. FOIOIO .doc 1. !he work related to retrofitting Filter No. 20 shall include , but not be limited to , the following items: a. Removing and storing the existing 48 inches of anthracite media from Filter No . 20 to be reinstalled upon installation of the new underdrain system . 01010-1 No vember 2008 City ofFort Worth Rolling Hills WTP Filter Rehabilitation Project b. Detaching and removing the existing air hose tubes (3 4 ) from Filter No . 20. c. Removing the existing filter underdrain blocks and associated supports , anchors, equipment, grout, etc. Scheduling of this work shall be done to allow outside investigation and/or testing of the blocks, grout, and anchors. d. Refinishing, modifying, and cleaning the existing filter box slab as needed for proper installation of the new underdrain system. e. Furnishing and installing new filter underdrain system into Filter No. 20. This work shall include installation of new underdrains with integral porous support plates, installation and pull testing of new stainless steel anchor rods (U-Rods) installation and pull testing of stainless steel hold down angles and anchor rods (I-Rods), and installation of 34 new PVC air drop lines. f. Re-installing existing anthracite media back into Filter No. 20 and adding up to six inches of new media that was lost during removal and storage of the existing media . g. Cleaning and testing of filter underdrain system and media. Backwashing and disinfection will be performed by the City. 2 . Work related to rehabilitation of Filters No. 1 through No. 11 and Filters No. 13 through No . 19 , includes installation of additional hold down supports for the existing underdrain systems and sealing existing void spaces located between the flume blocks and filter box slab . The work related to rehabilitating these eighteen filters shall include, but not be limited to, the following items: FO!O!O .doc a. Removing and storing the existing 48 inches of anthracite media from the indi vi dual filters to be reinstalled upon installation of the new underdrain system supports. Only the amount of media required for performing the work within the filter box must be removed so as to access the areas where work is to be performed. Media replacement can be stored in the filter box being modified, or in an adjacent filter box that will be out of service during the work. b. Detaching, removing and storing the existing air hose tubes (34) from the filter to be reinstalled upon installation of the new underdrain system supports. c. Protecting the existing underdrain system per manufacturer's recommendation to ensure the underdrain blocks and IMS caps are not damaged during construction. d. Furnishing, installing and pull testing of new stainless steel hold down angles and anchor rods (I-Rods), and reconnecting the existing PVC air drop lines . e. Re-installing existing anthracite media back into the filter and adding up to one inch of new media that was lost during removal and storage of the existing media. f. Cleaning and testing of filter underdrain system and media. Backwashing and disinfection will be performed by the City. 01010-2 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project g . Sealing existing void spaces located between the bottom of the flume blocks and the filter box slabs. This work shall be performed by accessing through the individual filter flumes below the filter box floor and underdrains. 1.03 CONTRACTS A. The work of this project will be executed in one (1) contract as shown in the Proposal 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. The Contractor is required to determine his own method of construction and detailed work sequence, within the general terms of the Contract, 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 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. If required, arrange for the necessary temporary water service, including the securing of any necessary permits . This service shall be metered separately to the Contractor as required by the Owner. 3. Provide adequate temporary sanitary facilities. 4 . Secure all necessary permits, and furnish, install, maintain, and remove all temporary electric service facilities for construction purposes, and pay for all electrical energy consumed for construction purposes for all the subcontractors, including the operation of ventilating equipment, for heating of buildings, and also for testing and operating of all equipment after FOIOIO .doc 01010-3 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project permanent wiring has been installed, until final acceptance by the Owner or until the Engineer certifies Substantial Completion. The Contractor shall be responsible for determining the total temporary electrical need and shall provide it accordingly. The temporary electrical service shall meet NEC, OSHA and all other local safety codes. 5 . Provide temporary heat; make all arrangements and pay all fuel costs , supervise and maintain all heating units . 6. Construct and maintain temporary access roads as required . Any access ways constructed by Contractor during construction shall be removed and area restored to origin al construction prior to project completion . 7. Provide and maintain fire fighting equipment in working order during the entire construction period . 8 . 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 Engineer at all times and shall be turned over to the Engineer upon written request. 1.07 COORDINATION WITH OWNER'S OPERATIONS AND EXISTING FACILITIES A. The proposed work under this Contract will connect with or into existing facilities. Many of such contact locations are particularly sensitive because of the attendant necessary down-time of existing water treatment operations, or because of the possibility of contamination of potable water, or because of the extraordinary incon venience to the Owner's personnel and to the routine which is required in the continuous operation. Because of this sensitivity, the Contractor shall plan carefully the schedule of that portion of the work which will affect the existing facilities . Such plans and schedules shall be subject to the approval of the Owner. B. Work which requires shutdown or in any way impedes the operations of ex isting facilities shall be closely coordinated with the Engineer. A minimum of 48 hours written notice shall be gi ven to the 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 PREMJSES A. Contractor shall limit the use of the premises for his Work and for storage to allow for : l. Work by other contractors . 2 . Owner occupancy. 3 . Public use. B. Coordinate use of premises with Owner. 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, mo ve any stored items which interfere with operations of O wner or other contractors. FOIOIO.doc 01010-4 Novem ber 2008 City o f Fort Worth Rolling Hills WTP Filter Rehabilitation Project 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 . 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 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. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) FO IOIO .doc END OF SECTION 01010 -5 Nove mber 2008 City of Fort Worth Rolling Hi lls WTP Filter Rehabilitation Project PART 1: GENERAL 1.01 GENERAL SECTION O 1025 MEASUREMENT AND PAYMENT A. The Total Amount Bid in the Bid Form shall cover all Work required by the Contract Documents. The lump sum 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. 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 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 . FOI025 .doc 01025-1 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 1.04 BID ITEMS A. FILTER NO. 20 RETROFIT WORK (Item 1) 1. Work under this item includes furnishing all labor , materials, equipment and incidentals, except the work required in Bid Items 3, 4, and 5, for completing the Filter No .20 retrofit work in its entirety as shown on the Drawings and/or as specified. Filter underdrain system equipment and services will be provided under Bid Item 3. Filter media will be provided under Bid Item 4 . Mobilization, demobilization and other associated project costs will be provided under Bid Item 5. 2. Measurement and payment will be based upon a lump sum basis . B . INDIVIDUAL FILTER UNDERDRAIN SYSTEM REHABILIATION WORK (Item 2) 1. Work under this item includes furnishing all labor, materials, equipment and incidentals, except the work required in Bid Items 3, 4, and 5, for completing the rehabilitation work for eighteen existing filters (Filter Nos. 1 through 11 and Filters Nos. 13 through 19) its entirety as shown on the Drawings and/or as specified. Filter underdrain system equipment and services will be provided under Bid Item 3. Filter media will be provided under Bid Item 4. Mobilization, demobilization and other associated project costs will be provided under Bid Item 5 . 2 . Measurement and payment will be based upon the actual number of filters completed. C. ALLOWANCE FOR FURNISHING FILTER UNDERDRAIN SYSTEM (Item 3) 1. Measurement and payment of the Owner selected Leopold filter underdrain system, equipment, hardware, and field services is for full compensation for furnishing the underdrain system, hold down support systems, and mono -pour hardware, and for providing manufacturer's services. All costs for installation, testing, and startup of the underdrain sytem, which are not specified to be the responsi bility of the underdrain manufacturer, and costs associated with coordination with the underdrain supplier shall be included appropriately as part of Bid Items 1 and 2. 2. Contractor shall enter into a subcontract agreement with ITT Leopold for the Scope of Work designated for the filter underdrain system, equipment, hardware, and services within the Contract Documents and as summarized in the attached November 7 , 2008 proposal letter from ITT Leopold. D. ALLOWANCE FOR FURNISHING FILTER MEDIA (Item 4) F01025.doc 1. Measurement and payment of the Owner selected Leopold filter media is for full compensation for furnishing the media. All costs for installation and testing of the media, which are not specified to be the responsibility of the media supplier, and costs associated with coordination with the media supplier shall be included appropriately as part of Bid Items 1 and 2. 2 . Contractor shall enter into a subcontract agreement with ITT Leopold for the Scope of Work designated for the filter media within the Contract Documents and as summarized in the attached November 7, 2008 proposal letter from ITT Leopold. 01025 -2 Novembe r 2008 Ci ty of Fort Worth Roll ing Hills WTP Fil ter Rehabi litatio n Project E. MOBILIZATION/DEMOBILIZATION (Item 5) 1. Work under this item includes establishment of and maintaining facilities on the project site ; movement of personnel , construction equipment and supplies to the project site; providing all bonds and insurance for the project; final project cleanup; demobilization of facilities and equipment; and other incidental costs related to construction of the project not included in the other Bid Items . 2 . Measurement and payment will be based upon a lump sum basis. See Part D concerning payment of Mobilization and Demobilization. PART 2 : PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) END OF SECTION FO 1025.doc 01025-3 Novembe r 2008 November 7, 2008 PROPOSAL NO.: TO: SUBJECT: M08464 REV02 City of Fort Worth Fort Worth, TX Rolling Hills WTP ITI Co rporation Water & Wastewater F.B. Leopold Company 227 S. Divis ion St. Ze lien ople , PA 1 6063 tel 724-452-6300 fax 724-453-2122 email sa le s,Wfbl eopold.com We are pleased to offer the following materials and services by ITT Water & Wastewater The F.B . Leopold Company, Inc. This quotation has been prepared using Leopold 's contract number M3-4290 and M08162. FILTER UNDERDRAIN SYSTEM FILTER #20: FILTER#20 LEOPOLD UNIVERSAL® TYPES® UNDERDRAIN: Under this section, we propose to furnish Leopold Universal® Type S® Underdrain of the Dual/Parallel Lateral type, manufactured from corrosion resistant, high density polyethylene for installation in one (1) filter cell. The filter cell measures 66'-0" lateral run x 17'-0". The total filter area is 1,122 square feet. The blocks shall be arranged end-to-end and mechanically joined with an 0-ring to form continuous underdrain laterals approximately equivalent to the length of the filter cell. The joints shall be gasketed, bell and spigot type with internal alignment tabs for proper alignment, and be air and water tight. Joints shall be snap -lock type so that the blocks are joined with integral interlocking snap lugs and lug receptors for ease of assembly and installation of the laterals, and supplied with stainless steel "U" anchor rods along with (32) stainless steel "I" all thread rods , hold down clips and hardware for extra anchorage . IMS® (INTEGRAL MEDIA SUPPORT) CAP: Under this section, we propose to furnish 1, 122 square feet of IMS ® (Integral Media Support) Cap. IMS ® cap shall be made of plastic beads sintered together and molded to match the surface of the Leopold Universal Underdrain. The IMS ® Cap shall be factory installed to plastic block prior to shipment. AIR HEADER PIPING HOSES: Under this section, we propose to furnish (34) double containment PVC drop legs to replace ones that may have become damaged during demolition and filter failure. The drop pipe hoses shall be designed to meet the intent of Chapter 290 of the TECQ regulations and will connect to the existing air header and new filter underdrain block. Page 2 o f 8 _v ey-ITT Included with the air header hoses are the required type 316 adjustable stainless steel band hose clamps . MANUF ACTIJRER'S SERVICES : The services of a qualified Leopold technical representative to instruct the Contractor's personnel about the proper installation technique and testing of the equipment will be provided for a period of six (6) days (8 hr/day) on site plus four (4) days travel time to and from the job-site in two (2) trips . Additional services may be obtained at the current prevailing rate plus living and travel expenses. OPTIONAL MONO-POUR HARDWARE FOR FILTER #20 : Unistrut will be provided for leveling the underdrain and mono-pour of the base and fill grout, along with the necessary anchor all thread and hardware for installation. FILTER ANTHRACITE -FILTER #20: Under this section, we propose to furnish 5" of anthracite plus l " skimming allowance for media lost during the reinstallation of underdrain and media in filter #20 . 561 cubic feet One ( 1) filter cell , 1, 122 square feet FILTER ANTHRACITE -5" Depth plus l" skimming allowance Effective Size: 1.20 mm to 1.30 mm Uniformity coefficient: 1.40 14 Tons EQUIPMENT AND MEDIA FOR REMIANING 18 FILTERS: FILTER ANTHRACITE -FOR 18 FILTER CELLS: Under this section, we propose to furnish l" of anthracite for topping off 18 filter cells . 1683 cubic feet Eighteen (18) filter cells, 1,122 square feet each TOT AL FILTER AREA: 20196 square feet FILTER ANTHRACITE -l" Depth Effective Size: 1.20 mm to 1.30 mm Uniformity coefficient: 1.40 43.8 Tons * Please note: The 1" of top off media will require skimming after installation. This quantity may not be sufficient to achieve the required media depth per each filter. Typically a Yi" to 1" skimming allowance is required per application. Page3of8 V · v'~ ~ ITT STAINLESS STEEL ALL THREAD RODS AND HOLD DOWN CLIPS FOR 18 FILTERS: Under this section, we propose to furnish (864) sets of stainless steel all thread rods, hold down clips and hardware for extra anchorage in the remaining 18 filter cells. SUBMITTAL: Materials meet and/or exceed American Water Works Association Standard Bl00-96 for Filtering Material. Samples and/or test reports detailing the physical and chemical characteristics of the filtering material will be provided for review and approval prior to release for shipment. PACKAGING AND PLACEMENT EQUIPMENT: Material will be packaged in semi-bulk containers, "Super Bags," with lifting sleeves and bottom discharge spout, containing approximately 2,000 to 4,000 pounds per sack. QUANTITIES: Quantities indicated above are F.B. Leopold Company's best calculations of the quantity requirements. Any additional loss of material due to storage or handling is not covered by this proposal. DELNERY: All sales are F.O.B. factory with full truck freight allowed to jobsite. The transportation carrier's initial weight shall govern settlement. With delivery of the media to the initial carrier, properly consigned as per your instructions, our responsibility ceases. If same is mis-delivered, confiscated, contents lost or damaged en route, your recourse is against the carrier. We do not agree to replace media or accept deduction for loss or damage. PRICING: Pricing is for shipments on or before May 1, 2009. We do not include any applicable taxes. MANUFACTURING LEADTIME: Please consult our factory for manufacturing lead-times. Page 4 of 8 V , ~ITT SUMMARY: We propose to furnish the above described material for a total selling price of: Underdrain, Replacement Hoses, Anchors and Hardware -Filter #20 $ 95,000.00 Field Service Supervision and Assistance as required and needed for all filters $ 8,000.00 Hardware for Mono-pour of Underdrain for Filter #20 $9,750.00 560 Cubic Feet of Anthracite for Filter #20 (5" plus 1" skim) $ 8,500.00 1683 Cubic Feet of Anthracite for 18 Filters (1" top-off each) $ 25,500.00 Stainless Steel All Thread and Hold Down Clips for 18 Filters * $13,500.00 * The original pricing for the hold down clips and rods were based on 32 per/ filter when in fact there are actually 48 per/ filter. This was missed for the first budget offer. All prices are f.o.b. factory with full truck freight allowed to the jobsite. This price is firm for sixty (60) days, based on shipment of all material by May 1, 2009. For further information pertaining to the equipment contained in this proposal, please contact our area representative, who is: Respectfully, ITT Corporation Water & Wastewater FB Leopold Company Tony Orchard Regional Manager, Leopold Attachment: Terms of Quotation Treatment Equipment Co., Inc. 6220 Campbell Rd. Suite 101 Dallas, TX 75248 Phone: 972-931-1116 Fax: 972-931-0103 Attention: Bruce Smith / Keith Vierra ITT M08464 REVO 1 Fort Worth, TX Rolling Hills, WTP DEFINITIONS F. B. LEOPOLD COMPANY TERMS and CONDITIONS Page 5 of 8 Wherever used in these terms and conditions , the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Buyer: _____________ _ Seller: F. B. Leopold Company Purchase Order: Buyer's initial offer to purchase equipment from Supplier dated _____ _ and identified by the following reference number __ _ THE FOLLOWING TERMS AND CONDITIONS are an integral part of the offer by F . B . Leopold Company to sell the equipment described in Proposal Number M08464 REV02 dated 11-5-08. A. CONTRACT SPECIFICATION: Supplier will be bound by the technical and general portion of the documents that form a part of the prime contract only to the extent that they are applicable to the supply and delivery of the material, equipment and workmanship under the Contract. B. TERMS OF PAYMENT: Net cash within thirty (30) days after date of invoice, subject to the approval by SELLER'S Credit Department. Interest in the amount of one and one-half percent (1-1/2%) per month will be added to all invoices not paid within thirty (30) days of the date of the invoice. C. PRICES AND ESCALATION: Prices are based on shipment of all equipment and goods no later than 365 days after Purchase Order Date; if shipment is delayed beyond that date through no fault of SELLER, prices shall be increased at a rate of one and one-half percent (1-1 /2%) per month on all equipment shipped and invoiced after that date. D. TAXES: Sale price does not include any local, state or federal taxes , permit charges or other fees . The BUYER shall pay any taxes, charges or fees that may apply . E. GENERAL WARRANTY (OTHER THAN MEDIA): SELLER, for the period of twenty-seven (27) months from date of shipment or twenty-four (24) months from the date of acceptance, whichever occurs first, warrants its products to be free from defects in workmanship and material under normal use and service and when used for the purpose and under conditions which F.B. Leopold Company recommends that its products be used. NO LIABILITY IS ASSUMED BY THE SELLER UNDER ANY CIRCUMSTANCES FOR LABOR, MATERIAL OR OTHER COSTS ASSOCIATED WITH THE REMOVAL, REPLACEMENT OR REP AIR OF DEFECTIVE EQUIPMENT OR REINST ALLA TION OF REPLACEMENT EQUIPMENT, UNLESS PREVIOUSLY APPROVED IN WRITING BY AN AUTHORIZED EMPLOYEE OF THE SELLER. BUYER must noti fy F.B. Leopold Company Page 6 of 8 immediately upon discovery. The SELLER shall have the right to inspect said product and BUYER shall, if requested, return the defective product to the SELLER with transportation prepaid. Freight charges in connection with the foregoing remedies are the responsibility of the BUYER. FILTER MEDIA WARRANTY (if applicable): SELLER warrants that its filter media products will meet the standards established by the latest edition of A WW A (American Water Works Association) BlOO . SELLER shall be responsible for verifying that the filter media meets or exceeds the A WW A B 100 Standard at the point of sale. Testing shall be by an independent laboratory, which regularly performs testing of filter media. BUYER shall notify F.B. Leopold Company immediately upon discovery of any defective product. The SELLER shall have the right to inspect said product and BUYER shall, if requested, return the defective product to the SELLER with transportation prepaid. NO LIABILITY IS ASSUMED BY THE SELLER UNDER ANY CIRCUMSTANCES FOR LABOR, MATERIAL OR OTHER COSTS ASSOCIATED WITH THE REMOVAL OR REPLACEMENT OF MEDIA UNLESS PREVIOUSLY APPROVED IN WRITING BY AN AUTHORIZED EMPLOYEE OF THE SELLER. THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING MERCHANT ABILITY AND FITNESS FOR AP ARTICULAR PURPOSE. F. LIMITATION OF LIABILITY. F. B . Leopold Company shall not be liable for indirect, special , incidental or consequential damages or penalties and does not assume any liability of BUYER or others, or to others, for injuries to persons or property resulting from the alleged failure of F. B . Leopold Company products. G .. DELIVERY: SELLER will use reasonable diligence to comply with BUYER'S requested shipping and delivery dates and to obtain similar commitments from the SELLER'S subcontractors and suppliers. SELLER shall not be liable for any loss, damage, expense, or charge of any kind resulting from delays in shipment, delivery, or installation. Without limitation to the foregoing, under no circumstances shall SELLER be liable for any failure or delay in shipment, delivery, or installation resulting from any cause beyond SELLER'S control, including, but not limited to, provisions of law or governmental regulations; accident, explosion, fire, windstorm, flood or other casualty; strike, lockout, or other labor difficulty; riot, war, insurrection, shortage or inability to secure labor, or other services, raw materials, production or transportation facilities, or for delays or failures by third parties to provide supplies, components, services , parts, or equipment required by SELLER to complete the contract. All shipping dates provided at any time by the SELLER are approximate and SELLER shall not be liable in any way for failure to ship in accordance with any shipping dates furnished by SELLER. H. FREIGHT: Domestic Shipments -Equipment and goods are quoted "FOB Place of Shipment, freight allowed to first destination". BUYER shall be responsible for filing claims with the carrier for loss or damage of equipment and goods in transit. SELLER reserves the right to select the method of shipment, routing and carrier for all equipment and goods sold freight allowed. Additional transportation cost due to requested routing, method of shipment or other instructions will be added to the price and paid by BUYER. Internatio na l Shipm ents -Freight terms are as follows: Page 7 of 8 V ~ITT ___ CIP -Carriage, insurance paid to port of destination designated by the BUYER. SELLER shall be responsible for filing claims with the carrier for loss or damage of equipment and goods in transit to the port of destination designated by the BUYER. only. BUYER shall be responsible for filing claims with the carrier for loss or damage of equipment and goods in transit to final inland destination. SELLER reserves the right to select the method of shipment, routing and carrier for all equipment and goods sold freight allowed. Additional transportation cost due to requested routing, method of shipment or other instructions will be added to the price and paid by BUYER. DDU -Delivered duty unpaid to BUYER'S premises. SELLER shall be responsible for filing claims with the carrier for loss or damage of equipment and goods in transit. SELLER reserves the right to select the method of shipment, routing and carrier for all equipment and goods sold freight allowed. Additional transportation cost due to requested routing, method of shipment or other instructions will be added to the price and paid by BUYER. FOB US Port -Freight onboard vessel. SELLER shall be responsible for filing claims with the carrier for loss or damage of equipment and goods in transit to US port only. BUYER shall be responsible for filing claims with the carrier for loss or damage of equipment and goods in transit from the US port and to final destination. SELLER reserves the right to select the method of shipment, routing and carrier for all equipment and goods sold freight allowed. Additional transportation cost due to requested routing, method of shipment or other instructions will be added to the price and paid by BUYER. ___ EXW -Ex Works-BUYER is to make all freight arrangements at SELLER'S premises . I. PENALTIES: F. B. Leopold Company will accept no liquidated damage provisions or penalty provis10ns. J. TITLE: Title to the equipment and goods described herein shall pass at the time the goods ship from our factory or supplier. (see U.C.C. Sec. 2-401). However, as between BUYER and SELLER, risk of loss shall vest in the BUYER at the time the equipment and goods are put in possession of the carrier. K. MATERIALS NOT INCLUDED: This Purchase Order includes only those materials and supplies specifically mentioned in F. B. Leopold Company Proposal and it shall not be construed to include wire, conduit, grout, adhesives, mortar or other construction materials which may be necessary to install F. B. Leopold Company equipment. The equipment described in the Proposal may not meet the letter of the specifications, which this Proposal addresses. In the event that a Consulting Engineer shall determine, upon submission by F. B. Leopold Company of detailed drawings, that the submitted equipment is not acceptable, SELLER shall have the option of either; 1.) Furnishing fully compliant equipment or, 2 .) Withdrawal from the contract without penalty. L. CANCELLATION: Upon cancellation by BUYER of its contract to purchase the equipment, goods and services described in this Proposal, SELLER shall be entitled to recover all direct and indirect costs incurred. Page8of8 M. A ITORNEY'S FEE: SELLER shall be entitled to recover from BUYER all attorney's fees incurred by SELLER as a result of any breach by BUYER of its contract to purchase the equipment, goods and services described in this Proposal. OFFER AND ACCEPTANCE: This proposal is an invitation to deal and is not intended by SELLER to be an offer of sale. BUYER may off er to purchase the equipment, goods and services described in the Proposal by executing the "Offer to Purchase" below. Upon the subsequent execution of the "Acceptance" below, by an officer of the SELLER at Zelienople, Pennsylvania, this Proposal will become the entire agreement between the BUYER and the SELLER, and no previous communications or negotiations, whether oral or written, shall be of any effect. THERE ARE NO COVENANTS OR AGREEMENTS, INDUCEMENTS, GUARANTEES, WARRANTIES , ADDITIONS OR CONSIDERATIONS OTHER THAN AS SET FORTH SPECIFICALLY HEREIN. The parties intend to be legally bound hereby upon the execution of this instrument as a contract. The laws of the Commonwealth of Pennsylvania shall govern this transaction. In the event BUYER issues its own purchase order based on this Proposal, the terms and conditions contained herein shall be deemed to be incorporated in said purchase order or contract, unless exception is taken by specified references thereto . AGREEMENT TO PURCHASE: BUYER agrees to purchase the equipment and services herein in accordance with the terms and conditions set forth above. (BUYER) BY: ______________ _ --------~'20 ___ _ ACCEPTANCE: SELLER hereby accepts BUYER'S offer to purchase. F. B . LEOPOLD COMPANY BY: -------------- _ ________ ,20 ___ _ City of Fort Wo rth Rolling Hills WTP Filter Rehabilitation Project PART 1: GENERAL 1.01 SCOPE OF WORK SECTION 01040 CONSTRUCTION SEQUENCE A. The intent of construction phasing as specified herein and as sho wn on the Drawings is to facilitate construction so that the Rolling Hills Water Treatment Plant can maintain the max imum production capacity possible during construction . All tasks of the con struction schedule, whether described herein or not, are the responsibility of the Contractor. B . The work specified herein, which may interrupt normal plant operations af ter startup , shall be accomplished at times that are convenient to the Owner. The Contractor shall plan to work overtime if needed to complete construction of the project and shall make no claims for extra compensation for overtime work required to conform to these requirements. The Contractor shall coordinate with the Engineer and Owner's personnel at least two weeks prior to performing any work associated with tying into existing facilities and piping or for any shutdown of the Plant or portions of the Plant once it has become operational. C. All plant operations shall be performed by City of Fort Worth plant personnel, coordinated between the Owner and Contractor. D. Filter No. 20 will be out of service until completion of the project or such time that the Contractor completes the rehabilitation work for Filter No. 20 and it is put back into service. Contractor will be allowed to have only four (4) of the remaining filters out of service at any time during construction. Contractor shall coordinate the filter down time with Owner. Once the work on a filter has been completed and the filter has been disinfected and placed back into operation, another filter can be removed from service. 1.02 RELATED WORK DESCRIBED ELSEWHERE A. Project Summary is included in Section 01010. B. Construction Scheduling is included in the General conditions (Paragraph C4-4 .7 ) 1.03 SUBMITTALS A. The Contractor shall submit to the Engineer for approval a detailed Construction Schedule complying with requirements of Paragraph C4-4 . 7 of the General Conditions. B . For all work that will require a temporary shutdown of plant operations or an entire plant shutdown, the Contractor shall submit a proposed work plan indicating the manpower, tools, equipment, and construction procedures to be used at least se ven days prior to the requested shutdown period . PART 2: PRODUCTS (NOT USED ) F0104 0.doc 01040-1 Nove mber 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project PART 3: EXECUTION 3.01 SCHEDULE CONSIDERATIONS A. Substantial Completion of the project is defined as completion of all filter rehabilitation work as specified and shown on the Drawings, so that all twenty of the filters are operational. B . Final Completion of the project shall be met within 150 calendar days from the Notice to Proceed. The time period between Substantial Completion and Final Completion shall be scheduled for completion of ancillary items that have no impact on filter operation, such as cleanup, punch-list items and closeout activities. C . The Contractor shall be responsible for developing his own schedule to meet the completion requirements of the contract. 3 .02 LIQUID A TED DAMAGES A. The Contractor understands and agrees that the time of completion is an essential consideration of development of his proposal and that failure to complete the work under this Contract within the allotted time as specified or subsequently adjusted by Change Orders will result in damages to be sustained by the Owner by its inability to treat and deliver potable water to its customers in the Westsid e Water Treatment Plant service area. The Contractor and Owner further agree in applying Liquidated Damages, that such damages cannot be precisely measured or that the ascertainment of actual damages would be unduly difficult after the fact. Therefore, the Contractor and the Owner agree in ap plying Liquidated Damages that for each and every Calendar Day the work or any portion thereof, remains uncompleted after the specified times or adjusted times if modified by Change Order, the Contractor shall pay as agreed Liquidated Damages, the amounts specified in Paragraph D -15 of the Special Conditions (Part D). END OF SECTION F01040 .doc 01040-2 Nov ember 2008 City of Fort Worth Rolling Hills WTP Fi lter No. 12 Rehabilitatio n PART 1: GENERAL SECTION O 1170 SPECIAL PROVISIONS 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 shall supply the Fort Worth Police Department, Fire Department, and Water Department with the following information: 1. A list of streets and intersections where work will be in progress to be supplied at intervals as required by the Engineer. 2. Areas where approved detours are in effect. 3 . Immediate notification of any gas , water, or sewer main breaks. B . 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. B . See the detailed Specifications for additional requirements for furnishing the services of manufacturer's representati ves . 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. The existing Operation and Maintenance manual shall be updated for an y modifications performed as part of this project. FOl 170.doc 01170-1 November 2008 City of Fort Worth Rolling Hills WfP Filter Rehabilitation Project 3. Contractor's representatives 4. Subcontractors as appropriate to the agenda 5. Suppliers as appropriate to the agenda 6. Others as appropriate E. Suggested Agenda: 1. Review, approval of minutes of previous meeting. 2. Review of work progress since previous meeting. 3. Field observations, problems, conflicts. 4. Problems which impede the Construction Schedule. 5 . Review of off-site fabrication, delivery schedules. 6. Corrective measures and procedures to regain projected schedule. 7. Revisions to Construction Schedule. 8. Progress schedule during succeeding work period. 9. Coordination of schedules. 10. Review submittal schedules; expedite as required. 11. Status of submittals. 12. Maintenance of quality standards. 13. Pending changes and substitutions. 14. Re view proposed changes for effect on Construction Schedule and on completion date. 15. Other business. F. The Contractor shall attend progress meetings and shall study previous meeting minutes and current agenda items, in order to be prepared to discuss pertinent topics such as deliveries of material and equipment, progress of the Wark, etc. G. The Contractor is to provide a current submittal log at each progress meeting. 1.04 COORDINATION MEETINGS A. Regular coordination meetings shall be scheduled with the first meeting held after the pre- construction conference , but prior to the Contractor initiating his mobilization to the project site . B. The location of the meetings shall be at the Rolling Hills WTP. FOl200 .doc 01200-3 No vember 2008 C ity of Fort W orth Rolling Hills wrP Filter Rehabilitation Project C. Attendance: l. Owner's Repre sentatives 2. Engineer's representative 3. Contractor's Representati ve D . Suggested Agenda: 1. Short term schedule status (2 week previe w). 2. Coordination requirements. 3 . Delivery Schedules 4. Field observations, problems, conflicts. 5 . Status of pending issues. 6 . Inspection issues . E. The Contractor shall attend the meetings and shall be fully prepared to discuss pertinent topics. The Contractor shall have studied the meeting agenda items and the previous meeting minutes prior to the scheduled meeting . PART 2: PRODUCTS (NOT USED) PART 3 : EXECUTION (NOT USED) F01200.d oc END OF SECTION 01 200-4 Novem ber 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project PART 1: GENERAL SECTION 01300 SUBMITTALS 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 DAT A, SAMPLES 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 subcontractor's 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 details on shop drawings submitted for approval shall show clearly the relation of the various parts to the main members and lines of the structure, and where correct fabrication of the work depends upon field measurements, such measurements shall be made and noted on the drawings before being submitted for approval. 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 FOl300.doc 01300-1 November 2008 City of Fort W orth Rolling Hills WTP Fil ter Reha bilitation Project 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 a pp roved shop drawings." Shop drawings larger than 8 1/2" x 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 Construction Manager a copy of each submittal transmittal sheet for shop drawings, product data and samples at the time of submittal of said drawings , product data and samples to the Engineer. C. The Contractor shall utilize an 8-character submittal cross-reference identification numbering system , preceded with a prefix designating the type of submittal. The numbering system shall be as follows: 1. The prefix shall be two or three characters designating the type of submittal ( e .g. shop drawing, request for information , field order, etc .) These prefixes will be provided b y the Construction Manager. 2. The first five digits shall be the applicable Specification Section Number. 3 . The next two digits shall be the numbers O 1-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. 4. The last character shall be a letter, A-Z, indicating the resubmission of the same Drawing (i.e . A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: SD 03300 08 B SD 03300-08-B = Shop Drawing = Specification Section for Concrete = The eighth initial submittal under this specification section = The third submission (second resubmission) of that particular shop drawing D . Notify the Engineer in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. E. 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. F. 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. G. 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. FO I 300 .doc 01300-2 No vem be r 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project B. Each submittal, appropriately coded, will be returned within 14 calendar days following receipt of submittal by the Engineer. C. The Contractor shall submit shop drawings in hard copy. All submittals shall be made with the selected method, and the Contractor shall inform the Construction Manager by letter one week after award of the Contract, which method has been selected . Submittals made by any method other than that selected by the Contractor will be returned without review. D . Number of hard-copy submittals required : l . Shop Drawings as defined in Paragraph 1.02 A: Eight copies. If Contractor requires more than three copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above . 2. Monthly project schedule updates: Ten copies. 3. All other submittals: Eight copies . E. Submittals shall contain: 1. 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 ASTM or Federal Specification numbers. 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 Engineer stamps . 1.05 REVIEW OF SHOP DRAWINGS, PRODUCT DAT A, WORKING DRAWINGS AND SAMPLES 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; FOl300.doc 01300-3 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 2. Relieving the Contractor of responsibility for any errors, including details , dimensions, and materials; and/or 3. Approving departures from details furnished by the 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 Engineer finds to be in the interest of the Owner and to be so minor as not to involve a change in Contract Price or time for performance, the 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 - Code 2 - Code 3 - Code 4 - Code 5 - Code 6 - "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. "APPROVED AS NOTED". This code is assigned when a confinnation 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. "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 fmal product. This confirmation shall specifically address each omission and nonconforming item that was noted. Confinnation is to be received by the Engineer within 15 calendar days of the date of the Engineer's transmittal requiring the confirmation. "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 fmal 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 Engineer's transmittal requiring the resubmittal. "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 . "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 Engineer, on previous submissions. Any such revisions which are not clearly identified shall be F01300.doc 01300-4 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project made at the risk of the Contractor. The Contractor shall make corrections to any work done because of this type re vision that is not in accordance to the Contract Documents as may be required by the Engineer. F. Partial submittals may not be reviewed . The Engineer will be the only judge as to the completeness of a submittal. Submittals deemed by the Engineer to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. The 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 Engineer at least se ven working days prior to release for manufacture. H. When the shop drawings have been completed to the satisfaction of the Engineer, the Contractor shall carry out the construction in accordance therewith and shall make no further changes therein except upon written instructions from the 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 Engineer. Number of copies shall be as directed by the Engineer but shall not exceed the number specified in Paragraph l .04C . 1.07 PROFESSIONAL ENGINEER (P.E .) CERTIFICATION FORM A . If specifically required in other Sections of these Specifications, the Contractor shall submit a P.E. Certification for each item required, in the form attached to this Section , completely filled in and stamped. 1.08 GENERAL PROCEDURES FOR SUBMITT ALS 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. 1.09 REPETITIVE REVIEW A. Submittals for each item will be reviewed no more than twice at the Owner's expense . All subsequent reviews will be performed at times convenient to the Engineer and at the Contractor's expense, based on the Engineer's then prevailing rates . The Contractor shall reimburse the Owner within 30 Calendar Days for all such fees invoiced to the Owner by the Engineer. B . The need for more than one resubmission or any other delay in obtaining Engineer's review of submittals , will not entitle the Contractor to an extension of Contract Time. 1.10 OPERATION AND MAINTENANCE DATA AND MANUALS . A . Adequate operation and maintenance information shall be supplied for all equipment requiring maintenance or other attention. The equipment Supplier shall prepare a project specific operation and maintenance manual for each type of equipment indicated in the individual equipment sections or the equipment schedule. FOl 300 .doc 01300-5 Nove mb er 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project B. Parts lists and operating and maintenance instructions shall be furnished for other equipment not listed in the individual equipment sections or the equipment schedule. C. Operation and maintenance manuals shall include the following : l. Equipment function , normal operating characteristics, and limiting conditions. 2. Assembly, installation, alignment, adjustment, and checking instructions. 3. Operating instructions for startup, routine and normal operation, regulation and control, shutdown, and emergency conditions. 4. Lubrication and maintenance instructions. 5 . Guide to troubleshooting. 6. Parts lists and predicted life of parts subject to wear. 7. Outline, cross section, and assembly drawings; engineering data; and wiring diagrams. 8. Test data and performance curves, where applicable. D. The operation and maintenance manuals shall be in addition to any instructions or parts lists packed with or attached to the equipment when delivered, or which may be required by Contractor. E . Three hard copies of each manual shall be submitted to prior to the date of shipment of the equipment. When the O&M manuals are returned with the review status "APPROVED AS NOTED/RESUBMIT" or "NOT APPROVED", the corrections shall be made as instructed by the Engineer, and two copies of the corrected portion(s) and one complete corrected copy of the O&M manual returned to the Engineer. After review by Engineer is complete, one hard copy and one electronic copy of each operation and maintenance manual shall be prepared and delivered to Engineer not later than 30 days prior to placing the equipment in operation. The electronic copy shall be submitted through the project website, and will be reviewed for content and organization and assigned a review status by the Engineer. When corrections are required, a corrected version of the electronic copy shall be resubmitted. Procedures for submission of the electronic copy will be provided after award of the Contract. When review of the electronic copy by the Engineer is complete, three copies of each electronic O&M manual shall be delivered on CD-ROM to the Construction Manager. Each CD shall contain only one copy of one manual. F. All material shall be marked with project identification , and inapplicable information shall be marked out or deleted. G. Shipment of equipment will not be considered complete until all required manuals and data have been received . H. Hard Copy Operation and Maintenance Manuals . Hard copies submitted for review shall be temporarily bound in heavy paper covers bearing suitable identification . All manuals and other data shall be printed on heavy , first quality 8-1/2 x 11 inch paper, with standard three-hole punching. Drawings and diagrams shall be reduced to 8-1/2 x 11 inches or 11 x 17 inches. Where reduction is not practicable, larger drawings shall be folded separately and placed in envelopes, which are bound into the manuals. Each envelope shall be suitably identified on the outside . Each volume containing F01300.doc 01300-6 November 2008 City o f Fort Worth Rolling Hills WTP Filter Rehabilitation Project data for three or more items of equipment shall include a table of contents and index tabs. The final hard copy of each manual shall be prepared and delivered in substantial, permanent, three-ring or three-post binders with a table of contents and suitable index tabs. I. Labeling. As a minimum, the following information shall be included on all final O&M manual materials: Equipment name and/or O&M title spelled out in complete words. Project Name. City Project/Contract Number. Specification Section Number. Example: "Section 15500" Manufacturer's name. File Name and Date. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) END OF SECTION F01300.doc 01300-7 November 2008 City o f Fort Worth Rolling Hills WTP Filter Rehabilitati on Project P .E . CERTIFICATION FORM The undersigned hereby certifi es that he/she is a Professional Engineer reg istered in the S tat e of ------------and that he/she has been employed by ____________ _ (Name of Contractor) __________________ to design ________________ _ (Insert P.E. Responsibilities ) in accordance with Specification Section---------------------for the (Name of Project) The undersigned further certifies that he/she has performed the design of the ----------- (Name of Project) ------------------------' that said design is in conformance with all applicable local, State and Federal codes , rules and regulations, and that his/her signature and P .E . stamp ha ve been affixed to all calculations and drawings used in, and resulting from, the design . The undersigned hereby agrees to make all original design drawings and calculations available to the __________ C=i-ty~o~f~F~ort~W~o=rt=h or Owner's representative within seven days following written request therefore by the Owner. P.E. Name S ignature Address Place P .E. Stamp Here With Date and Signature Contractor's Name Signature Title Address F01 300.d oc 01300-8 No vember 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitati on Project PART 1: GENERAL 1.01 TEMPORARY OFFICES SECTION 01500 TEMPORARY FACILITIES A. It is not anticipated that temporary offices will be needed by the Contractor. However, if temporary offices are needed, they shall be established on the job site where approved or directed by the Engineer, adequately furnished, and maintained in a clean , orderly condition by the Contractor. Instructions received there from the Engineer shall be considered as deli vered to the Contractor. B. The Contractor shall supply all fuel for heating and pay all electric bills associated with any temporary offices that are provided. 1.02 TEMPORARY LIGHT AND POWER A. Owner shall make available temporary power for Contractor. 1.03 TEMPORARYWATER A. The Contractor shall provide all temporary piping and appurtenances required, providing temporary water for construction purposes. Temporary piping and appurtenances shall be removed upon approval of equipment being tested. Water for construction, testing and disinfection will be furnished by Owner at no cost to Contractor. Contractor shall be responsible for all piping and equipment necessary for getting water to its intended use. Coordinate use of water with Owner's plant personnel. 1.04 TEMPORARY SANITARY FACILITIES A. Provide self-contained, single-occupant toilet units of the chemical, aerated recirculation, or combustion type, properly vented and fully enclosed in a fiberglass or other approved non-absorbent shell. 1.05 FIRE EXTINGUISHERS A. Provide portable UL-rated, Class A fire extinguishers for temporary offices and similar spaces. In other locations, provide portable UL-rated Class ABC dry chemical extinguishers or a com- bination of NFPA recommended Classes for the exposure. Comply with NFPA 10 and 241 for classification, extinguishing agent and size required by location and class of fire exposure . 1.06 LAYOUT OF TEMPORARY FACILITIES A . Before starting the work, the Contractor shall submit to the Engineer his requirements for space for temporary structures and storage of materials. Where onsite space for temporary facilities is limited, the allocation of the available space will be made by the Engineer. Should the Contractor require space in addition to that allocated, the Contractor shall make his own arrangements for storage of materials and equipment in locations off the construction site. For the allocated space, the Contractor shall submit to the Engineer for approval, his proposed plan and layout for all temporary offices, sanitary facilities, temporary construction roads, storage buildings, storage yards, temporary water service and distribution, temporary power service and distribution, and temporary telephone service. F0 15 00.doc 01500-1 Novembe r 2008 City of Fort Worth Rolling Hills WfP Filter Rehabilitation Project 1.07 STORAGE BUILDINGS A. The Contractor shall erect, or provide as approved, temporary storage buildings of the various sizes as required for the protection of mechanical and electrical equipment and materials as recommended by manufacturers of such equipment and materials. The buildings shall be provided with such environmental control systems that meet recommendations of manufacturers of all equipment and materials stored in the buildings. The buildings shall be of sufficient size and so arranged or partitioned to provide security for their contents and provide ready access for inspection and inventory. At or near the completion of the work, and as directed by the Engineer, the temporary storage buildings shall be dismantled, removed from the site, and remain the property of the Contractor. B . Combustible materials (paints, solvents, fuels, etc .) shall be stored in a well-ventilated building removed from other buildings . 1.08 STORAGE YARDS A. The Contractor shall construct temporary storage yards for the storage of materials that are not subject to damage by weather conditions. Materials such as pipe and reinforcing and structural steel shall be stored on pallets or racks, off the ground, and in a manner that allows ready access for inspection and inventory. Temporary gravel surfacing of the storage yards shall meet with the approval of the Engineer. 1.09 CONTRACTOR'S WORK AREA A . The Contractor shall limit his operations and storage of equipment and materials to the areas designated and as directed by the Engineer. B. Except as provided herein, no sidewalk, private property, or other area adjacent to the plant site shall be used for storage of the Contractor's equipment and materials unless prior written approval is obtained from the legal owner. C. The Contractor shall maintain the area during construction in a manner that will not obstruct operations on street areas . He shall proceed with his work in an orderly manner, maintaining the construction site free of debris and unnecessary equipment or materials. D . At all times, maintain areas covered by the Contract and public properties free from accumulations of waste, debris, and rubbish caused by construction operations . Contractor shall provide weekly street cleaning and monthly wet street brooming. E . Cleaning and disposal operations shall comply with local ordinances and antipollution laws. Do not burn or bury rubbish and waste materials on the project site. Do not dispose of volatile wastes such as mineral spirits, oil, chemicals, or paint thinner in storm or sanitary drains. Do not dispose of wastes into streams or waterways . F . Wet down dry materials and rubbish to allay dust and prevent blowing dust. G . Provide approved containers for collection and disposal of waste materials, debris, and rubbish and make arrangements for appropriate periodic emptying of the containers. FOISOO .doc 01500-2 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 1.10 TEMPORARY ACCESS ROADS AND PARKING SPACE A. The Contractor shall construct temporary construction access roads and detours as are required to execute the work. The roads shall meet with the approval of the Engineer, and be maintained in good condition until no longer needed; at which time the temporary roads shall be removed and the area left in a condition satisfactory to the Engineer. 1.11 PROTECTION OF THE FINISHED CONSTRUCTION A. The Contractor shall assume the responsibility for the protection of all finished construction and shall repair and restore any and all damage to finished work to its original or better state. B. Where responsibility can be determined, the cost for replacement or repair of damaged work shall be charged to the party responsible. If responsibility cannot be fixed, the cost shall be borne by the Contractor. C. Wheeling of any loads over finished floors, either with or without plank protection, shall not be permitted in anything except rubber-tired wheelbarrows, buggies, trucks, or dollies. This applies to all finished floors and to all exposed concrete floors as well as those covered with composition tile or other applied surfacing, and shall apply to all trades. D. Where structural concrete is also the finished surface, care shall be taken to avoid marking or damaging those surfaces. 1.12 REMOVAL OF TEMPORARY FACILITIES AND UTILITIES A. At such time or times any temporary construction facilities and utilities are no longer required for the work, the Contractor shall notify the Engineer of his intent and schedule for removal of the temporary facilities and utilities, and obtain the Engineer's approval before removing the same. As approved, the Contractor shall disconnect and/or dismantle the temporary facilities and utilities and remove them from the site as his property. Leave the site in such condition as specified, as directed by the Engineer, and/or as shown on the Plans. B. In unfinished areas, the condition of the site shall be left in a condition that will restore original drainage, evenly graded, seeded or planted as necessary, and left with an appearance equal to, or better than original. 1.13 PAYMENT A. The work specified in this Section shall be considered incidental and payment will be included as part of the appropriate lump sum or unit prices stated in the Proposal. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) FOISOO.doc END OF SECTION 01500-3 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project SECTION 01510 CONSTRUCTION TEMPORARY CONTROLS PART 1: GENERAL 1.01 MOBILIZATION AND PROGRESS OF THE WORK A . The Owner will issue a written Notice to Proceed, indicating the date when the Contract Time shall begin. The Work shall progress as required to prevent delaying completion of the Project. B. The Contractor shall furnish plant and equipment which will be efficient, appropriate and large enough to secure a satisfactory quality of work and a rate of progress which will ensure the completion of the Work within the time stipulated in the Contract Documents. If at any time such plant appears to the Owner to be inefficient, inappropriate or insufficient for securing the quality of work required or for producing the rate of progress specified, he may order the Contractor to increase the efficiency, change the character or increase the plant equipment at the expense of the Contractor, and the Contractor shall conform to such order. Failure of the Owner to give such order shall in no way relieve the Contractor of his obligations to secure the quality of work and rate of progress required. C. The Contractor shall be fully responsible for providing all temporary diversion and dewatering pumping and piping, plumbing, heating, ventilating, air conditioning, lighting, temporary structures, and such other items required to complete all indicated work in these contract specifications and drawings. D . No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., nor on Saturdays, Sundays or legal city holidays, except with the written permission of the Owner. Contractor shall submit a request to the Owner two weeks in advance for work on Sundays and legal holidays. Owner shall be notified 48 hours prior to any work planned for Saturdays. The Contractor will be allowed to work double shifts, Saturdays, Sundays and legal city holidays if it can be demonstrated that the work items to be performed are related to the critical path of the construction schedule and if the additional work schedule is required to meet Substantial Completion milestones. The Contractor's superintendent must be onsite to supervise all work. 1.02 TEMPORARY CONSTRUCTION A. Open Excavations FOISIO .doc l . All open excavations shall be adequately safeguarded by providing temporary barricades, caution signs, lights and other means to prevent accidents to persons, and damage to property. The Contractor shall, at his own expense, provide suitable and safe bridges and other crossings for accommodating travel by pedestrians and workmen. Bridges provided for access during construction shall be removed when no longer required. The length or size of excavation will be controlled by the particular surrounding conditions, but shall always be confined to the limits prescribed by the Owner. If the excavation becomes a hazard, or if it excessively restricts traffic at any point, the Owner may require special construction procedures such as limiting the length of the open trench, prohibiting stacking excavated material in the street, and requiring that the trench shall not remain open overnight. 01510-1 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Proj ect 2. The Contractor shall take precautions to prevent injury to the public due to open trenches. All trenches, excavated material, equipment, or other obstacles which could be dangerous to the public shall be well lighted at night. B. Test Pits 1. Test pits for the purpose of locating underground pipelines or structures in advance of the construction shall be excavated and backfilled by the Contractor at the direction of the O wner. Test pits shall be backfilled immediately after their purpose has been satisfied and the surface restored and maintained in a manner satisfactory to the Owner. 1.03 TEMPORARY CONTROLS A. Maintenance of Flow 1. The Contractor shall at his own cost, provide for the flow of drains and water courses interrupted during the progress of the Work, and shall immediately haul away and remove all offensive matter. The entire procedure of maintaining existing flow shall be full y d iscussed with the Owner well in advance of the interruption of any flow. B. Protection of Sewers 1. Take adequate measures to prevent the impairment of the operation of the existing sewer system. Prevent construction material, pavement, concrete, earth, or other debris from entering a sewer or sewer structure . 2. All sewage flow interfering with construction and requiring diversion shall be diverted to a point acceptable to the Owner. C. Protection of Waterways 1. The Contractor shall observe the rules and regulations of the State of Texas and agencies of the U .S . Government prohibiting the pollution of any lake, stream, ri ver, or wetland by the dumping of any refuse , rubbish, dredge material, or debris therein. 2. The Contractor is specifically prohibited from disposal of materials into any waters of the State. 3. The Contractor shall be responsible for providing holding ponds or an approved method which will handle, carry through, or divert around his work all flo w s, including storm flows and flo w s created by construction activity, so as to prevent excessive silting of waterways or flooding damage to the property. 4. The Contractor shall comply w ith the procedures outlined in the U.S . Environmental Protection Agency manuals entitled, "Guidelines for Erosion and Sedimentation Control Planning and Implementation " and "Processes, Procedures and Methods to Control Pollution Resulting from All Construction Activity", as well as erosion control measures indicated on the Drawings. D . Disposal of Excess Excavated and Other Waste Materials F0!5IO .doc 1. Excess excavated material not required or suitable for backfill and other waste material shall be disposed of off-site as approved by the Owner. 01510-2 Nove m ber 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 2. Unacceptable disposal sites include, but are not limited to, sites within a wetland or critical habitat and sites where disposal will have a detrimental effect on surface water or groundwater quality . 3. The Contractor shall make his own arrangements for disposal subject to submission of proof to the Owner that the owner(s) of the proposed sites(s) has a valid fill permit issued by the appropriate governmental agency and submission of a haul route plan including a map of the proposed route(s). 4. The Contractor shall provide watertight conveyance of any liquid, semi-liquid, or saturated solids which tend to bleed or leak during transport. No liquid loss from transported materials will be permitted whether being delivered to the construction site or being hauled away for disposal. Fluid materials hauled for disposal must be specifically acceptable at the selected disposal site. 5. The Owner may suspend operations of the Contractor, at their discretion, for alleged non-compliance with Texas Water Commission or Environment Protection Agency regulations. E. Protection of Air Quality l. Air pollution shall be minimized by wetting down bare soils during windy periods or, as requested by Owner, by requiring the use of properly operating combustion emission control devices on construction vehicles and equipment used by Contractor and by encouraging the shutdown of motorized equipment not actually in use. 2. Trash burning will not be permitted on the construction site. 3. If temporary heating devices are necessary for protection of the Work, such devices shall be of a type that will not cause pollution of the air. F. Use of Chemicals l. All chemicals used during Project construction or furnished for Project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, shall show approval of either the U.S. Environmental Protection Agency or the U.S. Department of Agriculture or any other applicable regulatory agency. Use of all such chemicals and disposal of residues shall be in conformance with the manufacturer's instructions. 2. The Contractor shall maintain Material Safety Data Sheets (MSDS) on site and available for review by the Contractor's employees and City of Fort Worth employees. A copy of each MSDS sheet shall be provided to the Owner. G . Noise and Dust Control FOI510.doc 1. The Contractor shall so conduct all his operations that they will cause the least annoyance to the residents in the vicinity of the work, and shall comply with all applicable local ordinances. Compressors, hoists, and other apparatus shall be equipped with such mechanical devices as may be necessary to minimize noise and dust. Compressors shall be equipped with silencers on intake lines . All gasoline or oil operated equipment shall be equipped with silencers or mufflers on intake and exhaust lines. Storage bins and hoppers shall be lined with material that will deaden the sounds if directed by Owner. The operation of dumping rock and of carrying rock 01510-3 November 2008 C ity of Fort Worth Rolling Hills WTP Filter Rehabilitation Project a way in trucks shall be so conducted as to cause a minimum of noise and dust. Vehicles carrying rock, concrete, or other material shall be routed over such streets as will cause the least annoyance to the public and shall not be operated on public streets between the hours of 6 p .m. and 7 a .m ., or on Saturdays, Sundays or legal holidays unless approved by the O wner. H. Nighttime Work l. If the Contractor for his convenience and at his o w n expense, should desire to carry on his work at night or outside the Contractor's regular working hours as established at the preconstruction conference, he shall submit a written request to the Owner allowing ample time for satisfactory arrangements to be made for inspecting the work in progress. The Contractor shall provide lighting for active areas of the Project and shall provide noise abatement measures as required to comply with all applicable Federal and State regulations and with all applicable requirements of the City of Fort Worth. 2 . Night work may be established by the Contractor as a regular procedure with the wri tten permission of the Owner. Such permission, however, may be revoked at any time by the Owner if the Contractor fails to maintain adequate lighting equipment, noise control, and supervision for the proper prosecution and controls of the work at night, or if the off-site effects of night construction are deemed by the Owner to be unacceptable. I. Care and Protection of Property 1. The Contractor shall be responsible for the preservation of all public and private property, and shall use every precaution necessary to prevent damage thereto . If any direct or indirect damage is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the Work on the part of the Contractor, such property shall be restored by the Contractor, at his expense, to a condition equal to that existing before the damage was done, or he shall repair the damage in a manner acceptable to the Owner. 2. The Contractor shall not enter or occupy private land outside of easements, except by written permission of the respective landowner. J. Protection of the Finished Construction 1. The Contractor shall assume the responsibility for the protection of all finished construction and shall repair and restore any and all damage to finished work to its original or better state . PART 2: PRODUCTS (NOT USED) PART 3 : EXECUTION (NOT USED) FOl 510.doc END OF SECTION 01510-4 Nove mbe r 2008 C ity o f Fo rt W orth Rolling Hills WTP Fi lter Rehabilitation Proj ect PART 1: GENERAL 1.01 SCOPE OF WORK SECTION 01600 DELIVERY , STORAGE AND HANDLING A. This Section specifies the general requirements for the delivery, handling, storage and protection for all items required in the construction of the work. Specific requirements , if any, are specified with the related item. B. Contractor shall schedule deliveries within the guidelines set forth by the City to meet plant security requirements. 1.02 TRANSPORTATION AND DELIVERY A. Transport and handle items in accordance with manufacturer's instructions . B . Schedule delivery to reduce long term on-site storage prior to installation and/or operation. Under no circumstances shall equipment be delivered to the site more than one month prior to installation without written authorization from the Engineer. C. Coordinate delivery with installation to ensure minimum holding time for items that are hazardous, flammable, easily damaged or sensitive to deterioration. D . Deliver products to the site in manufacturer's original sealed containers or other packing systems, complete with instructions for handling, storing, unpacking, protecting and installing. E. All items delivered to the site shall be unloaded and placed in a manner which will not hamper the Contractor's normal construction operation or those of subcontractors and other contractors and will not interfere with the flow of necessary traffic . F. Provide necessary equipment and personnel to unload all items deli vered to the site. G . Promptly inspect shipment to assure that products comply with requirements, quantities are correct, and items are undamaged. For items furnished by others (i.e., Owner, other Contractors), perform inspection in the presence of the Engineer. Notify Engineer verbally , and in writing, of any problems . 1.03 STORAGE AND PROTECTION A. Store and protect products in accordance w ith the manufacturer's instructions, w ith seals and labels intact and legible. Storage instruction shall be studied by the Contractor and reviewed with the Engineer by him/her. Instruction shall be carefully followed and a written record of this kept by the Contractor. Arrange storage to permit access for inspection. B . Store loose granular materials on solid flat surfaces in a well-drained area. Prevent mixing with foreign matter. F01600 .doc 0 1600-1 November 2008 City of Fo rt W orth Rolli ng Hills WTP Filter Reha bilitation Proj ect C. Cement and lime shall be stored under a roof and off the ground and shall be kept complete ly dry at a ll times. ·All structural, miscellaneous and reinforcing steel shall be stored off the ground or otherwise to prevent accumula tions of dirt or grease, and in a position to prevent accumulations of standing w ater and to minimize rusting. Beams shall be stored w ith the w ebs vertic a l. Pre c as t concrete shall be handled and stored in a manner to prevent accumulations of d irt, standing wate r , staining , chipping or cracking. Brick, block and similar masonry products shall be handled and stored in a manner to reduce breakage, cracking and s palling to a minimum. D . All mechanical and electrical equipment and instruments subject to corrosive damage b y the atmosphere if stored outdoors (e ven though covered by canvas ) shall be stored in a weathertight building to prevent injury. The building may be a temporary structure on the site or else w here, but it must be satisfactory to the Engineer. Building shall be provided with adequate ventilation to prevent condensation. Maintain temperature and humidity within range required by manufacturer . 1. All equipment shall be stored fully lubricated with oil, grease and other lubricants unless otherwise instructed by the manufacturer. All space heaters in equipment shall be energized during construction. 2 . Moving parts shall be rotated a minimum of once weekly to insure proper lubrication and to a void 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. 3 . 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 acceptance. 4 . Prior to acceptance of the equipment, the Contractor shall have the manufacturer inspect the equipment and certify that its condition has not been detrimentally affected by the long storage period. Such certifications 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 shall be judged to be defective. It shall be removed and replaced at the Contractor's expense. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) F01600 .doc END OF SECTION 0 1600-2 Nov ember 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project PART 1: GENERAL SECTION 01610 MATERIAL AND EQUIPMENT 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. 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: FOl610.doc 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. 01610-1 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 1.03 TRANSPORTATION AND HANDLING A. Arrange deliveries of products and equipment in accord with construction schedules , coord inate to avoid conflict with work and conditions at the site. B . Deliver products in undamaged condition , in manufacturer's original containers or packagin g, with identifying labels intact and legible. C. Pipe and other materials delivered to the job shall be unloaded and placed in a manner which will not hamper the normal operation of the ex isting plant or interfere with the fl ow of necessary traffic . D . Immediately on deli very , inspect shipments to assure compliance with requirements of Contract Documents and approved submittals, and that products are properly protected and undamaged. 1.04 INSPECTION AND TESTING FOR ACCEPTANCE A. Furnish all materials or specimens for testing and all labor and facilities for inspection of equipment and materials. B . Furnish suitable evidence that the materials proposed to be incorporated into the Work are in accordance with the Specifications . Mill tests for reinforcing steel and cement will be acceptable if it is definite that the test sheets apply to the material being furnished. Manufacturer's or supplier's test results will be acceptable for such items as pipe, valves , hydrants when it is definite that the material being furnished is in accordance with the manufacturer's or supplier's specifications to which the test results apply. Should the Contractor fail to provide the above information, the Owner shall ha ve the right to require tests to be made by the Owner's laboratory to obtain the information and the cost therefor shall be borne by the Contractor. The Owner may have further inspection and tests made b y the laboratory or may make tests himself, to ensure that the Contractor is complying with the Specifications. C. Details for testing equipment and materials are found in the individual Sections of these Specifications. D . If the Owner requires, either prior to beginning or during the progress of the Work, the Contractor shall submit samples or materials for such special tests as may be necessary to demonstrate that they comply with the Specifications. Such samples shall be furnished, stored , packed, and shipped as directed at the Contractor's expense. Except as otherwise noted , the Owner will make arrangements for and pay for the tests. E. Delay of approval resulting from the Contractor's failure to submit samples or data promptly shall not be used as a basis of a claim against the Owner or Engineer. 1.05 STORAGE AND PROTECTION OF EQUIPMENT AND MATERIALS ON SITE A. Materials and equipment to be incorporated in the Wark 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 an y 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: F0 1610.doc 01610-2 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 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. Equipment having moving parts such as gears, electric motors , and instruments shall be stored in a temperature and humidity controlled building approved by the Owner, until such time as the equipment is to be installed. All space heaters in equipment shall be energized during construction. 3. Equipment shall be stored fully lubricated with oil or grease, unless otherwise instructed by the manufacturer. 4. 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. 5. Moving parts shall be rotated a minimum of once weekly to insure 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. 6. 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 equipment at the time of substantial completion. 7. 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 . Exterior Storage: 1. Store fabricated products and equipment above the ground, on blocking or skids, to prevent soiling or staining. Cover products which are subject to deterioration with impervious sheet coverings; provide adequate ventilation to avoid condensation. 2. Store loose granular materials in a well-drained area on solid surfaces to prevent mixing with foreign matter. F016IO.doc 01610-3 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 3. Cement and lime shall be stored under a roof and off the ground and shall be kept completely dry. Structural, miscellaneous, and reinforcing steel shall be stored off the ground or otherwise to prevent accumulations of dirt or grease, and in a position to prevent accumulations of standing water and to avoid rusting. 4 . Beams shall be stored with the webs vertical. Precast concrete shall be handled and stored in a manner to prevent accumulations of dirt, standing water, staining, chipping or cracking. Brick, block and similar masonry products shall be handled and stored in a manner to prevent breakage, chipping, cracking, and spalling. E . Mechanical equipment subject to corrosive damage by the atmosphere if stored outdoors (even though covered) shall be stored in a building to prevent injury . The building may be a temporary structure on the Site or elsewhere , but it shall be satisfactory to the Owner. F . Arrange storage in a manner to provide easy access for inspection . Make periodic inspections of stored materials and equipment to assure that they are maintained under specified conditions, and free from damage or deterioration. G. Protection After Installation: 1. Provide substantial coverings as necessary to protect installed materials and equipment from damage from traffic and subsequent construction operations. Remove when no longer needed. H. Off-Site Storage: 1. Contractor may store materials and equipment off-site with Owner's approval. I. 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. 2. Damaged material and equipment shall be replaced at the Contractor's expense. 1.06 INSTALLATION ST AND ARDS A. Handle, store and install equipment in accordance with the manufacturer's drawings and recommendations. 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 . F01610.doc 1. Should job conditions or specified requirements conflict with manufacturer's instructions, consult with Owner for further instructions. 01610-4 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 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 done. F. Special care shall be taken to ensure proper alignment of sluice gates, operating mechanisms, stems, stem guides, and accessories. Care shall be taken to avoid warping the gate frames and to maintain tolerances between seating faces. Gates, stems, and operators shall be plumbed, shimmed and accurately aligned. G . Provide openings, channels, and chases, and install 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, HV AC, and plumbing 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. Substitutions will not be allowed for this project. PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) FOl610.doc END OF SECTION 01610-5 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project PART 1: GENERAL 1.01 SCOPE OF WORK SECTION O 1700 CONTRACT CLOSEOUT A. This Section outlines the procedure to be followed in closing out the Contract. 1.02 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. See Section 01500, Temporary Facilities. 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 project completion or occupancy, conduct final inspection of sight-exposed interior and exterior surfaces, and of concealed spaces. 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, impacted by construction. 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. I. Schedule cleaning operations so that dust and other contaminants resulting from cleaning process will not fall on wet, newly-painted surfaces. FOl700.doc 01700-1 Novembe r 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 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 SUBMITT ALS A. No application for final payment will be accepted until all subrnittals 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 Operation and Maintenance Manuals. 4. All Manufacturers' Certificates of Proper Installation. 5. All construction photographs, including those of the completed project. 6. 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 Engineer. 1.07 RELEASE OF LIENS OR CLAIMS 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 . 1.08 FINAL PAYMENT A. Final payment will be made to the Contractor in accordance with the Agreement. FOI700.doc 01700-2 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project PART 2: PRODUCTS (NOT USED) PART 3: EXECUTION (NOT USED) F0!700.doc END OF SECTION 01700-3 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project PART 1: GENERAL 1.01 REQUIREMENTS INCLUDED SECTION 01710 CLEANING 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: PART 3: PRODUCTS (NOT USED) EXECUTION 3.01 DURING CONSTRUCTION A. Execute daily cleaning to keep the Work, the site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. B. Provide on-site containers 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 periodically and dispose of at legal disposal areas away from the site. D. Provide weekly cleaning of plant roadways. 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. 3.03 FINAL CLEANING A. Employ skilled workmen for final cleaning. F01710.doc 01710-1 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 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 F0 1710.doc 01710-2 Nove m be r 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project PART 1: GENERAL SECTION O 1720 PROJECT RECORD DOCUMENTS 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, Working Drawings and Samples. 7 . Field Test records. 8. Construction photographs . 9. RFls 10. Submittal Logs 1.02 RELATED REQUIREMENTS A. Section 01300: Submittals. 1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store documents and samples in Contractor's field office apart from documents used for construction . 1. Provide files and racks for storage of documents . 2 . Provide locked cabinet or secure storage space for storage of samples . B . File documents and samples 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 and samples available at all times for inspection by the Engineer. F01720.doc 01720-1 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project E. As a prerequisite for monthly progress payments , the Contractor is to exhibit the currently updated "record documents" for review by the Engineer and the Owner. 1.04 MARKING DEVICES A. Provide felt tip marking pens for recording information in the color code designated by the Engineer. 1.05 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: l. All underground piping with elevations and dimensions. Changes to piping location. Horizontal and vertical locations of pipe fittings, underground utilities and appurtenances, referenced to permanent surface improvements. Actual installed pipe material, class, etc. 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: l. 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 every six month interval a copy of the up to date Record Drawings shall be provided to the Engineer. At Contract close-out, deliver Record Documents to the Engineer for the Owner. 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. FOJ720.d oc 01720-2 Nove mb er 200 8 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Proj ect 5 . Signature of Contractor or his authorized representati ve. PART 2: PRODUCTS (NOT USED ) PART 3: EXECUTION (NOT USED ) END OF SECTION FOI720.do c 01720-3 Novem be r 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project PART 1: GENERAL SECTION 01740 WARRANTIES AND BONDS 1.01 REQUIREMENTS INCLUDED A. Compile specified warranties and bonds, in accordance with the General Conditions. B . Co-execute submittals when so specified. C . Review submittals to verify compliance with Contract Documents. D . Submit to the Engineer for re view and transmittal to Owner. 1.02 RELATED REQUIREMENTS A. Instructions to Bidders : Bid Bonds. B. Conditions of the Contract: Performance Bond and Payment Bond. C. Agreement. D . Section O 1700: Contract Closeout. E . Special Conditions : Maintenance Bond. 1.03 SUB MITT AL REQUIREMENTS A. Assemble warranties, bonds and service and maintenance contracts , executed by each of the respective manufacturers, suppliers, and subcontractors. B . Number of original signed copies required : Two each . C. Table of Contents: Neatly typed, in orderly sequence. Provide complete information for each item. 1. Product or work item . 2 . Firm, with name of principal, address and telephone number. 3 . Scope. 4 . Date of beginning of warranty , bond or service and maintenance contract. 5. Duration of warranty, bond or service maintenance contract. 6. Provide information for Owner's personnel: a. Proper procedure in case of failure . F0 1740.doc 0 1740 -1 November 2008 City o f Fort Worth Rolling Hills WTP Filter Rehabilitation Proj ect b. Instances which might affect the validity of warranty or bond. 7 . Contractor, name of responsible principal , address and telephone number. 1.04 FORMS OF SUB MITT ALS 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 Divisions 11, 13, 14 , 15 and 16 and which has a 1 HP motor or which lists for more than $1 ,000 . 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 : PART 3: F01740.d oc PRODUCTS (NOT USED ) EXECUTION (NOT USED) END OF SECTION 01740-2 November 2008 DIVISION 2 SITEWORK City of Fort Worth Rolling Hills WTP Filter Rehabilitation Proj ect PART 1: GENERAL 1.01 SCOPE OF WORK SECTION 02050 DEMOLITION A. The Contractor shall furnish all labor, materials, equipment and incidentals required to provide all demolition, dismantling, cutting, fitting and patching, and salvage work required to complete the work as shown on the Drawings and specified herein. B. The Contractor shall comply with applicable laws, codes, ordinances and regulations, and shall obtain and pay for necessary permits. C. The Contractor shall remove from site and legally dispose of dismantled materials, trash, debris, etc ., except any items specifically indicated to be reused and any items designated on the Drawings to be salvaged for Owner's own purposes. Such items shall be carefully removed under the Contract and moved to an area designated by the Owner on the project site . D. All other materials removed under the modification work and not called for to be reused or turned over to the Owner on the project shall be disposed of legally, off the site , by Contractor, who will, upon removal from site, have the rights of salvage of materials. E. The Contractor shall visit the site of the work and examine the premises so as to fully understand all of the existing conditions relative to the work. No increase in cost or extension of performance time will be considered for failure to know the conditions of the site and structures. F. The Contractor shall be responsible for removing and modifying piping and structures in such a sequence that there will be no disruption of operations. The contractor's construction schedule shall include demolition work at times that meet the construction sequencing issues presented in Section 01040. 1.02 CARE, PROTECTION AND REPAIR A. The Contractor is cautioned to exercise great care in protecting existing structures and property of the Owner while proceeding with work of this Section and the entire Contract. All damage shall be repaired at once to the satisfaction of the Engineer. All such repairs shall be at the expense of the Contractor and no claims for additional payment will be accepted. 1.03 CONDITIONS OF STRUCTURES A. The Owner and the Engineer assume no responsibility for the actual condition of the structures to be demolished or modified. B. Conditions existing at the time of inspection for bidding purposes will be maintained by the Owner insofar as practicable. However, variations within a structure may occur prior to the start of demolition work. F02050.doc 02050-1 Novemb er 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project C. The Engineer may, upon inspection, direct the Contractor to repair or replace deteriorated or damaged structures, piping or mechanical equipment as extra work. Extra work, if any , will be performed and paid for in accordance with other portions of the Contract Documents. PART 2: PRODUCTS A. Comply with specifications and standards for involved products. PART 3: EXECUTION 3.01 INSPECTION A. Inspect existing conditions of the project, including elements subject to damage or mo ve ment during demolition, cutting, and patching. B. After uncovering work, inspect the conditions affecting the installation of products or performance of the work. C. Report unsatisfactory or questionable conditions to the Owner in writing; do not proceed with the work until the Engineer has provided further instructions. 3.02 PREPARATION A. Provide adequate temporary support as necessary to assure the structural value or integrity of the affected portion of the work. B . Provide devices and methods to protect other portions of the project from damage. C. Provide protection from the elements for that portion of the project which may be exposed by demolition, cutting, and patching work, and maintain excavations free from water. 3.03 PERFORMANCE A. General Considerations: Provide and maintain barriers, dust screens, warning lights, etc. as may be necessary to protect persons and property. Perform work with utmost care using tools and methods that will not transfer any heavy shocks to adjacent structures to remain in service and in place. Take all possible care to avoid vibration and other disturbances . Perform demolition work in a careful, orderly manner giving prime consideration to, but not necessarily limited by: l. Protection of public and Owner's personnel. 2 . Protection from weather. 3. Protection of the environment in accordance with Di vision 1. 4 . Protection of existing structures or portions thereof to remain. 5 . Maintaining continuous operations at the plant. 6. Maintenance of orderly access . 7. Coordination and cooperation with Owner. B. Pollution Controls: Use water sprinkling, temporary enclosures, and other suitable methods to limit dust and dirt rising and scattering in air to lowest practical level. Comply with governing regulations pertaining to environmental protection. F02050.doc 02050-2 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project l. Do not use water when it may create hazardous or objectionable conditions such as flooding, erosion, or pollution. 2. Clean adjacent structures and improvements of dust, dirt, and debris caused by demolition operations as directed by Owner or governing authorities. Return adjacent areas to condition existing prior to start of work. 3. Prior to demolition inside existing structures, provide covers consisting of plastic sheeting and framing over existing pumps, motors, switchgear, and control panels. Maintain covers during demolition operations. D. Execute fitting and adjustment of products to provide a finished installation to comply with specified products, functions, tolerances, and finishes. E. Take care in the removal of equipment and materials to be salvaged to prevent damage to such . F. Modification consists of demolition as required, removing, replacing or altering existing concrete. Also included is such work as plugging pipe and wall openings, the removal of portions of an existing structure, and construction of additions to existing structures. G. Use of explosives will not be permitted on the project. H. Debris shall not be allowed to accumulate. END OF SECTION F02050.doc 02050-3 November 2008 DIVISION 13 SPECIAL CONSTRUCTION City of Fort Worth Rolling Hills WTP Filter Rehabilitation Proj ect PART 1: GENERAL 1.01 SCOPE OF WORK SECTION 13221 FILTER UNDERDRAIN SYSTEM A. Furnish all labor, material , equipment and incidentals required to install , test and read y for operation a complete air/water underdrain system for one existing filter (Filter No . 20) as sho wn on the Drawings and as specified herein . The work shall include, but is not limited to, the following : 1. Remove and store the existing 48 inches of anthracite media from Filter No . 20. Detach, remove and store existing 34 air hose tubes from Filter No . 20 air header and underdrain blocks. Remo ve and dispose of existing filter underdrain blocks and associated supports, anchors and grout. Refinish and modify the ex isting filter box slab as needed for proper installation of the new underdrain . 2. Furnish and install the new underdrain system. Prior to installation of underdrain blocks, perform pull tests on all anchor support rods, both U-Rods for flume blocks and I-Rods for additional hold down supports . 3 . Furnish and install the 34 new air hose tubes (drop pipes) and clamps , and connect between the existing air header pipe and the new underdrain system . 4. Performance test the new underdrains . B . The filter underdrain system shall include all items and materials within the filter box, above the filter box base slab and below the media, and within the gullet. This includes all underdrain appurtenances required for the complete air/water backwash underdrain system as shown on the Drawings and as specified herein. C. The air piping and associated connections to the new air/water underdrains within the filter boxes shall be designed by the underdrain manufacturer to allow air distribution control. D . The Contractor and underdrain manufacturer shall have sole responsibility for the performance of the underdrain system, especially with respect to headlosses and uniform distribution of air and water. All additions and/or modifications needed to meet the requirements of this Specification shall have been allowed for in the original bid, and therefore, Owner and Engineer will not accept or recommend any request for additional compensation or time due to the need for any such changes . E . All components which come in contact with the process water or chemicals to be added to process water shall have obtained or applied for ANSI/NSF 61 certification. F . Furnish and install new angle hold-down supports and anchor rods (I-Rods ) as shown on the drawings for Filters No. 1 through No. 11 and Filters No. 13 through No . 19. Drill anchor rods between the e xisting underdrain blocks, through the grout and into the base slab. Pull test each anchor rod . Fl3221.doc 13221-1 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Proj ect G. Furnish and install epoxy sealant in the void areas located between the filter underdrain flume blocks and the filter box floor for eighteen filters (Filters No. 1 through No. 11 and Filters No. 13 through No. 19 ). 1.02 RELATED WORK A. Filter media is specified in Section 13226 . B . Warranty and Bonds are specified in Section 01740 1.03 SYSTEM DESCRIPTION A. The underdrain system is intended to allow for the uniform collection of filtered water and uniform distribution of backwash water and air over the total area of the filter floor. The backwash system will allow for the simultaneous use of air and water, at all the rates indicated in Paragraph 1.07. B. The filter underdrain system shall consist of a self-contained dual-lateral plastic block underdrain system with an artificial media support cap and air distribution tubes . The filter underdrain system shall be the "Universal Type S" underdrain as manufactured by ITT Leopold, Zelienople, PA. C. The U -Rods and I-Rods with angle supports are installed for additional hold down support for the underdrain systems. 1.04 QUALITY ASSURANCE A. The filter underdrain system shall be designed and furnished by the manufacturer as specified in Paragraph 1.03.B. The underdrain system manufacturer shall be responsible for designing and furnishing a ready-to -install system which meets all requirements specified . The manufacturer shall furnish the Contractor with such installation details, cast-in-place items, and recommendations as are necessary to acceptably interface the filter underdrain system with the filter box, including requirements for dowels, anchorage, sealants and the like . B. Filter Media Support Mechanism 1. Porous plates (IMS or approved equal) shall be used in lieu of support gravel. C. Manufacturer's Qualifications and Unit Responsibility 1. The underdrain system shall be designed and furnished by a single manufacturer experienced in the design and manufacture of the filter underdrain systems specified. This provision , however, shall not be construed as relieving the Contractor of his/her overall responsibility. 2. The underdrain system manufacturer shall be responsible for designing and furnishing a ready-to -install system that meets all flow and structural design requirements specified herein . 1.05 SUBMITT ALS A. Submit to the Engineer for acceptance complete shop drawings showing details of fabrication, materials of construction, installation, and leveling data of all items furnished under this Section . Fl 3221.doc 13221-2 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project B. Details submitted shall include as a minimum, head loss calculations for air, water, and combined air/water backwash; structural design calculations, including the hold-down system; installation details; hydraulic calculations; certification of compatibility of the underdrain system with the filter media specified in Section 13226; proposed testing and start-up procedures; and any other data the Engineer deems necessary to demonstrate the suitability and stability of the underdrain system and compliance with these Specifications. C. The head loss data and hydraulic calculations to be submitted shall include the full range of flow conditions specified, and shall indicate pertinent physical relationships between air and water metering orifices; cross sectional flow areas for water and air during transport to the flow metering elements; relative magnitudes of entrance, transport, metering and discharge losses; and such other data as may be required by the Engineer to demonstrate that the proposed system will pro vide uniform flow distribution and will not exceed head loss limits. D. The manufacturer's design piping within the filter boxes shall be submitted, including supporting design calculations, complete bill of materials, and scale drawings of all piping, connections, supports, and other items required for a complete installation . The Contractor shall be responsible to furnish and install related pipe supports. E. Quality Control Submittals 1. Certification of compatibility of the underdrain system with the filter media specified in Section 13226. 2 . Shipping, storage, protection, and handling instructions. 3. Manufacturer's installation instructions. 4. Manufacturer's Certificate of Proper Installation for new underdrain system, including hold down anchor system and new hold down anchor system for eighteen existing filter underdrain systems. 5. Operation and Maintenance Manual. 1.06 MANUFACTURERS' REPRESENTATIVE DUTIES/STARTUP/OPERATING AND MAINTENANCE INSTRUCTIONS A. The underdrain system to be furnished shall be installed, aligned, and tested under the supervision of installation specialists, factory trained by the manufacturer, as a condition precedent to final acceptance of the work. The Contractor shall furnish the Engineer with the manufacturer's certification stating that the new underdrain system for Filter No. 20 and the additional underdrain hold-down anchor system for eighteen filters, have been properly installed, aligned and tested, and meet all requirements for satisfactory performance under the conditions specified. Nothing in this provision, however, shall be construed as relieving the Contractor of his overall responsibility for this portion of the work. B. A manufacturer's representative who has complete knowledge of proper installation and operation of the filter underdrain and air scour distribution system shall be provided for on-site services at all times during underdrain installation and testing of the underdrains and associated hold-down anchor support systems. Manufacturer shall coordinate with Contractor the number of trips and days required to provide the specified on-site services. F13221.doc 13221-3 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project C. A qualified representative of the structural grout manufacturer shall be on-site for the grout placement. 1.07 PERFORMANCE AND DESIGN REQUIREMENTS A. General 1. The filter underdrain system shall be designed for uniform collection of filtered water and uniform distribution of backwash water and/or air. The system shall be designed to avoid localized areas of excessive flow, which may cause mounding, lateral displacement, or other deleterious disturbances in filter media. 2. The system shall not cause any loss of filter media during backwashing. 3. The variation in backwash water distribution shall be not greater than plus or minus 5-percent across the filter. 4. The variation in the backwash air distribution shall not be greater than plus or minus 10- percent across the filter. 5. Tests, as outlined in paragraph 3.02 below, shall reveal no evidence of maldistribution or disturbance of filter media in excess of the limits specified. B. Operating Requirements. The underdrain system for each filter shall be designed for the following operating conditions: Fl3221.doc Number of filters Dimensions of filter: -length -width Description Filter media, anthracite: -effective size (mm) -depth (inches) Peak filtration rate (gpm/sq.ft.) Maximum head loss at peak filtration rate(!) (inches) Backwash water rates (gpm/sq.ft.): -maximum for simultaneous air and water -maximum for water only Maximum head loss due to backwashing with water only at maximum rate<2> (inches) 13221-4 1 66' -0" 17'-0" 1.2-1.3 48 6.52 10.0 8 20 48 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project Backwash air rate (scfm/sq.ft.): -minimum/maximum 2/5 Maximum design air temperature (Deg F) 180 Air scour pressure available at branch to distribution 5.5 header, psig Normal backwash sequencing: I .Air scour only: -air (scfm/sq.ft.) 3 -duration , min. 1-3 2.Combined air/water backwash: -air ( scfm/ sq .ft.) 3 -water (gpm/sq.ft.) 8 -duration, min . 1-3 3.Water only backwash: -water (gpm/sq.ft.) 15 -duration, min . 5-10 <1> Head loss from the underside of the media bed to the inside of the filtered water plenum. <2> From the inside of the filtered water plenum to the underside of the media bed. PART 2: PRODUCTS 2.01 GENERAL A. The material to be furnished shall meet the requirements specified below , unless more stringent requirements are specified or required by the underdrain manufacturer. Fl3221.doc 1. Metals . All submerged metals and metals installed over the water surface, including but not limited to anchor bolts, fasteners, washers, etc. shall be Type 316 stainless steel. Fabricated members shall be low carbon Type 304L or 316L stainless steel. 2. Piping. Fabricated air distribution tubes (drop pipes), connections, and accessories within the filter box shall be designed and supplied by the filter underdrain manufacturer. Drop piping shall be double wall PVC. Connecting pieces and accessories shall be Type 316L stainless steel. The underdrain manufacturer shall furnish the air distribution tubes to conform to TCEQ requirements for prevention of cross-connection between the settled water and filtered water zones. 3. Plastic. All plastic used for underdrain blocks and end plates, nozzles, and prefabricated formwork panels shall be constructed of a food grade, high-density polyethylene (HDPE) suitable for use with a backwash air temperature of 180°F. 4 . Joint sealant shall be per manufacturer's recommended methods. 5. Grout shall be as specified herein. 13221-5 Nove mber 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 2.02 FILTER BLOCK SYSTEM A. The filter underdrain system shall be of the dual-parallel lateral type, whereby feeder and compensatory laterals are provided within a single block. The blocks shall be self-contained and shall require only nominal anchorage in the filter to resist all buoyant and dynamic forces during operation. B. The feeder laterals shall have a generous cross-sectional area as required to assure low wash water and air transport velocities. C. The flow metering elements shall consist of an arrangement of orifices properly sized and located between the feeder and compensatory laterals and between the compensatory laterals and top of the blocks. The entrance, transport and orifice losses, and the placement of the orifices shall be designed to produce uniform air and water flows throughout the entire filter cell and uniformly through the porous plates, at all specified operating conditions. The number and size of the orifices shall be uniform throughout the filter cell. The orifices shall be sized as required to introduce necessary metering head losses, but shall be sufficiently large to prevent clogging and excessive headloss. D. The individual blocks shall be of impervious high strength, completely corrosion resistant, high- density polyethylene material with uniform smooth surfaces, and all orifices properly deburred. The blocks shall have ridges and pockets for structural rigidity and to key into surrounding grout. The block dimensions and weight shall permit ease of handling and installation. E. An air/water distribution system shall be provided to evenly distribute air/water from the center- feed, filtered water flume to the individual underdrain laterals. The distribution system, including any orifices, baffles, piping, and other necessary items, shall be designed by the underdrain manufacturer to ensure proper distribution of water to the laterals for all operating conditions specified in Paragraph 1.07 B. F. The individual blocks shall be mechanically joined to form a continuous lateral run to fit into the filter. The joints shall be either single or double-gasketed, bell and spigot type with internal registers and shall be air and watertight. Joints shall be of snap-lock type so that the blocks are joined with integral interlocking snap lugs and lug receptors for ease of assembly and installation of the laterals. The joints shall be self-restraining by design . G. A porous plastic plate (cap) of approximately 1-in thickness shall be installed at the factory using Type 316 stainless steel mounting hardware, and will perform the function normally provided by the support gravel. H. The plastic cap shall have a 30 percent to 50 percent void volume and shall have a maximum headloss of 8-in at a flow rate of 20 gpm/sf. I. The plate shall be compatible with all water treatment chemicals and shall be unaffected by solutions with a pH as low as 2.0. J. A continuous bead of polyurethane sealant shall be provided between the cap and block. K. Air distribution to the laterals shall be via the air scour header and distribution tubes as specified herein. Distribution tubes and underdrain lateral connections shall be appropriately sized to facilitate equal distribution of air to each lateral. F13221.doc 13221-6 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project L. All air distribution tubes shall be double wall, PVC construction and shall meet all additional TCEQ regulatory requirements. M. Piping within the filtered water zone and below the top-of-wall filter elevation shall be provided with no joints. N. Distribution tubes shall extend from the existing air scour header(s) down and into the top of the feeder section of each underdrain lateral. Exact dimensional placement shall be determined by the manufacturer. 2.03 STRUCTURAL DESIGN A. The filter underdrain system, including blocks, anchorage, supports, etc., shall be designed by the underdrain manufacturer to safely withstand loadings as specified herein. Complete design calculations showing conformity with all specification requirements and stamped by a licensed professional engineer shall be submitted to the ENGINEER for review and acceptance. B . Hold-down and underdrain gullet supports shall be designed and provided to keep the underdrain system securely in place under all specified operating conditions and when subject to a continuous and/or instantaneous upward pressure of 3,250-lb/sf applied to the underside of the underdrain spanning the backwash flume. Assume no hold-down contribution is made by the media or water above the underdrain. Assume the upward pressure is applied over the entire 31.2-sf reaction area of the underdrain that spans the backwash inlet flume. C. The filter underdrain system, when installed, shall be designed for a net internal loading during backwash of the greater of either 600 psf or 200 percent of maximum pressure at a backwash rate of 20 gpm/sf. No credit shall be taken for the weight of water or filter media in the design calculations. D . The filter underdrain system shall also be designed to withstand a net downward loading of at least l ,400-lb/ft2 plus its own dead weight. E. Adequate safety factors shall be included in the design to account for dynamic loadings which may occur during the initiation and termination of air and/or water backwashing, or power disruption during air and/or water backwashing. F. The design shall adequately provide for all loads incurred during shipment, handling, and installation. G. For each of the nineteen filters being retrofitted (Filters No. 1 through No. 11 and Filters No. 13 through No. 20), forty-eight (48) underdrain hold down angles, with anchor rods, shall be installed per manufacturer's recommendations as specified and detailed in the attached Leopold drawing (Drawing Number "I ANCHOR PROP"). Fl3221.doc 13221-7 Nove mber 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project H. Any design details of underdrain system including thickness , reinforcing, openings, etc., as shown on the Drawings, are approximate only . The underdrain system manufacturer shall check these details and confirm or modify the system to meet the criteria specified. However, no members shall be downsized unless it can be conclusively demonstrated that the stated sizes will not function properly. Any modifications required by the underdrain system manufacturer shall be provided by the supplier and the Contractor at no additional cost to the Owner. 2.04 NON-SHRINK GROUT A . All grout used in conjunction with underdrain installation shall be non-shrink, non-metallic grout and shall meet all requirements of this Section. Confirm with underdrain manufacturer recommendations for grout material and mix ratios prior to purchase of materials and mixing . B. Non-shrink grout shall be a pre-portioned and prepackaged cement-based mixture. It shall contain no metallic particles such as aluminum powder and no metallic aggregate such as iron filings. It shall require only the addition of potable water. Potable water for pre-soaking, mixing, and curing shall be clean and free of oils, acids, alkalis, organics, and any other deleterious matter. C. Bleeding: Non-shrink grout shall be free from the emergence of mixing water from within or the presence of water on its surface. D . Non-shrink grout shall be in accordance with ASTM C 1107. E. Consistency: Non-shrink grout shall remain at a minimum flowable consistency for at least 45 minutes after mixing at 45 degrees Fahrenheit to 90 degrees Fahrenheit when tested in accordance with ASTM C 230. If at a fluid consistency, it shall be verified in accordance with ASTMC 939. F. Dimensional Stability (height change): Non-shrink grout shall be in accordance with ASTM C 1107, volume-adjusting Grade B or C at 45 degrees to 90 degrees . It shall show 90 percent or greater bearing area under bases or baseplates. G. Compressive Strength : Non-shrink grout shall show minimum compressive strengths at 45 degrees Fahrenheit to 90 degrees Fahrenheit in accordance with ASTM C 1107 for various periods from the time of placement, including 5,000 pounds per square inch at 28 days when tested in accordance with ASTM C 109 as modified by C 1107. H . Manufacturers: One of the following or equal: Five Star Products , Inc., Fairfield, CT: Five Star Grout. Degussa Building Systems, Shakopee MN: Masterflow 928. L&M Construction Chemicals, Inc., Omaha, NE: CRYSTEX. I. Filter underdrain manufacturer shall provide all necessary grout retaining strips and materials as needed to bridge the filter underdrain flumes during grout placement and installation. F l 3221.doc 13221-8 Nove mber 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project J. During the grouting operations, a minimum of three test specimens per filter cell or per day, shall be made, whichever is greater. Three test specimens for the between block grout sh all be made in addition to the three test specimens for the floor grout. K. Prior to installation of grout, the subsurface shall be prepared by thoroughly cleaning the existing concrete surface of all foreign matter and wet down . Concrete shall be damp when the grout is poured, but shall not have excess water to dilute the grout. Upon completion of saturation of th e subsurface, visible water shall be removed from the surface and an adhesive bonding agent applied. After mixing, quickly and continuously pace the grout to avoid o verworking , segregation and breaking down of the initial set. Mix and place the grout according to manufacturer's recommendations. L. No concreting operations shall be performed above installed underdrain blocks unless the blocks are protected with minimum 3/4" plywood and 6-mil polysheeting. 2.05 EPOXY SEALANT A. Contractor shall use S ikadur 31, Paste Epoxy for sealing the joints between the base grout and filter floor for the existing eighteen filters being modified . PART 3: EXECUTION 3.01 HANDLING AND INSTALLATION A. The Contractor shall handle and install the filter underdrain system and associated hardware in strict compliance with the manufacturer's installation draw ings, instructions , and recommendations, and as specified. B . The Contractor shall provide a manufacturer's representative as specified in Paragraph 1.06 of this Section to inspect and supervise the installation and testing of the underdrain system, and all costs of such inspection and supervision shall be borne by the Contractor. C. The Contractor shall comply fully with the underdrain manufacturer's installation details and recommendations to acceptably mate the filter underdrain system with all surrounding structures, including requirements for dowels, anchorage, and the like, and the Contractor shall include all costs of such work in his bid. D. The Contractor shall coordinate all installation details and procedures, including both the new underdrain system for Filter No. 20 and the new anchorage system for the existing filter underdrain systems , with the manufacturer. E. The Contractor shall take all necessary precautions recommended by the underdrain manufacturer, and as specified, to ensure that the underdrain system and piping connected thereto is completely clean and free of debris , dirt, or other foreign materials which could clog the underdrain system or interfere with flow . F. Backwash air and water piping shall be thoroughly flushed clean . Air piping shall be flushed with air only. G. All loose debris and dirt within the filter, gullet, and under-gullet flume shall be remo ved by brooming and vacuuming before the introduction of leveling and testing water. Care shall be F l 32 2 1.doc 13221-9 Nove mbe r 2008 City of Port Worth Rolling Hills WTP Filter Rehabilitation Project taken to prevent any grout, concrete or debris, from extruding into any flow passages or ports, and any such grout, concrete or debris, shall be removed. H. To maintain cleanliness, as installation progresses, underdrain sections partially complete shall continue to be protected by using masking tape and heavy building paper or other acceptable means to maintain cleanliness . Cleanliness shall be maintained through final placement of filter media. I. Following installation of the anchor rods (U-Rods and I-Rods ), and prior to installation of the underdrain blocks for Filter No. 20, an anchor pull test shall be performed on each anchor to ensure that it meets the specified upward pressure requirements for the underdrain system. For other filters with existing underdrain blocks in place, the anchor pull test shall be performed on each anchor after they have been drilled and expoxied in place. 3 .02 INSTALLATION A. The filter underdrain sections shall be set in place and grouted such that the air metering orifices are in a true and level plane within the less of plus-or-minus 1/8-inch, or the tolerance specified by the manufacturer of the filter underdrain. The filter base slab or underdrain supports shall be prepared as necessary to enable installation within the required level tolerance. The Contractor shall flood the underdrain with water to ascertain that this level tolerance is met. B . As the underdrain sections are set in place, all grouting spaces shall be completely filled and finished off smooth. Reinforcing dowels shall be placed to accurately fit in place without unnecessary bending of the dowel bars in the field. All orifice holes in the top of the blocks shall be carefully cleared of grout or other debris immediately after grouting . Reinforcing dowels shall be placed so as to accurately fit in place without unnecessary bending of the dowel bars in the field . C. Bonding compound shall be applied to the floor grout surface between each lateral. The bonding compound shall be applied by spray or long-handled brush. The bonding compound shall be Duraweld C by W.R. Grace or equal. D . The monolithic pour method may be used as an alternate to the standard method of underdrain block installation. If used, this method must be performed per the manufacturer's recommendation and all support materials and equipment shall be provided by manufacturer. E. Grout placement shall be in strict compliance with the manufacturer's requirements and shall allow for the minimum curing time. F. Prior to installation of the media, the Contractor shall vacuum clean all surfaces that might come in contact with the filtered water or backwash water. F13221.doc 13221-10 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Proj ect 3.03 TESTING AND CORRECTION OF DEFICIENCIES A . General: 1. All testing shall be petformed under the superv is ion of the un derdrain manufac tu rer's representati ve as specified in Paragraph 1.06. The Contractor shall conduct all specified tests and shall furnish all power, material , instrumentation , equipment, personnel , etc., for conducting tests as specified. 2. All costs of such testing shall be borne by the Contractor. The costs of all work and materials to correct deficiencies revealed during testing, and the costs of retesting , shall be borne by the Contractor. 3. The Contractor shall give the Engineer 14 calendar days advance notice of the testing to enable the Engineer to witness the tests. 4. An underdrain manufacturer's representati ve shall inspect and supervise the complete installation of all filter underdrains. Representative shall be onsite to supervise the installation and testing as stated in PART l. 5 . All test set-ups, procedures, and instrumentation shall be as required to provide data accuracy of plus or minus 2 percent. The Contractor shall submit to the Engineer three copies of full and complete test reports for all tests, describing the units tested; the type of test; test setups , procedures, and instrumentation; and test flow rates , pressures, levels, and all other data and results as required to demonstrate that all items tested meet specified requirements. 6. Pull tests shall be conducted on all new hold-down anchor bolts, both U-bolts and I-bolts , for each of the nineteen filters. B . Preliminary Distribution Tests Fl 3221.doc 1. After the installation of the underdrain system is completed, and after the concrete or grout has had sufficient curing time to permit adequate strength to develop, and prior to the placement of the filter media or media support plate, the underdrain shall be subjected to a preliminary distribution test. 2. The filter shall be operated through its backwashing cycle using the design maximum water and air rates given in Paragraph 1.07 .B . Visual inspection of the underdrain system will first be made under all modes of backwashing to demonstrate uniformity of air and water distribution. The air only mode shall be petformed at 3 scfm with 6 inches of water over the underdrain system. Test flow rates shall be sustained for approximately two minutes while visual observations are made. Tests shall be extended or repeated if, in the opinion of the Engineer, additional time is needed to make observations . Head loss at the maximum backwash water rate shall be computed by taking pressure gage readings at the washwater pipe inlet to the filter minus the static head . The Contractor shall be responsible for pro viding the required pressure taps. (The static head is the vertical distance from the elevation of the pressure gauge to the water le vel in the filter.) 13221-11 November 2008 City of Fort Worth Rolling Hills WTP Filter Rehabilitation Project 3 . During each test, the water surface shall present a uniformly turbulent appearance , without noticeable dead spots or boils. The Contractor shall take such measures as are necessary and as recommended by the underdrain manufacturer to correct any deficiencies re vea led by these tests, and shall repeat the specified tests until such deficiencies are corrected. C. Final Distribution Tests 1. Following completion and acceptance of the preliminary distribution test and the installation of filter media per Section 13226, the filter shall be backwashed for two consecutive backwash cycles as described below . During the two backwash cycles, visual observations shall be made to verify that the filter is backwashing adequately. If observations indicate an unacceptable performance, the system shall be corrected by the Contractor. If the observations indicate an acceptable filter performance the filter shall be placed in an operational mode. The filter underdrain system shall then be operated through a minimum of 5 filtration and backwash cycles to observe filter system performance prior to final distribution testing for acceptable flow uniformity. The filter performance shall be observed during the 5 filtration sequences. If performance is not acceptable, the filter shall be taken offline and examined to determine deficiencies. Contractor shall be responsible for remedy of any deficiencies prior to commencing the retest of the filter. 2. Following the completion of the 5 previous actual operational backwashes, final distribution tests shall be conducted and consist of 2 backwash cycles per filter s as follows: a. Start with initial water surface 6 inches above top of anthracite. b. Air backwash at 3 scfm/sq.ft. for 4 minutes. c. Simultaneous air and water backwash at 3 scfm/sq.ft. and 8 gpm/sq.ft. for 3 minutes . d. Water backwash at 15 gpm/sq.ft. for 4 minutes. e. Drain down slowly to initial level and repeat. 3. At the conclusion of each test, the water level shall be lowered very slowly to the top of the filter media. The top of the media shall be inspected and shall have no areas deviating more than plus or minus 0.5 inch from the average level plane . 4. If the filter underdrain system fails to meet the above test criteria, the system shall be corrected by the Contractor and retested. All unacceptable underdrain systems shall be corrected at no cost to the Owner. E . The above backwash rates are based on a water temperature of 85°F. Actual rates to be used during testing will be adjusted based on water temperature at the time of the testing. 3 .04 WATER A. Water for flushing, leveling, and testing shall be provided as noted in Section 01500 . END OF SECTION Fl3221.doc 13221-12 Nove mber 2008 City of Fort Worth Rolling Hills WTP Filter No. 12 Rehabilitation PART 1: GENERAL 1.01 SCOPE OF WORK SECTION 13226 FILTER MEDIA A. Furnish all labor, materials , equipment and incidentals required and remove and store existing filter media, re-install existing filter media, and install new filter media, complete, and read y for operation for nineteen (19) filters as shown on the Drawings and as specified herein. B . All components which come in contact with the process water or chemicals to be added to process water shall have obtained or applied for ANSI/NSF-61 certification. 1.02 QUALIFICATIONS A. The Contractor shall furnish the filter anthracite medium from a firm regularly engaged in supplying this type of material. The Contractor shall be prepared to document the supplier's technical competence and experience in providing the medium specified herein. All of the anthracite shall be obtained from the same supplier. 1.03 RELATED WORK A . Filter underdrain system is included in Section 13221. 1.04 SUB MITT ALS A. Submit to the Engineer shop drawings of all items furnished under this Section. B. No material shall be shipped to the site of the work until such material is approved by the Engineer in writing . C. Testing and Shop Drawings Fl 3226.doc 1. Provide the services of a qualified testing laboratory experienced in testing filter media materials to perform the tests specified. 2. Testing laboratory shall be approved by the Engineer/O wner. 3. The costs for testing shall be included. Owner may perform additional testing and Contractor shall permit and assist sampling as required . a. The following tests are to be reported: (1) Grain Size Analysis, complete with graph of sie ve size versus percent passing . (2) Acid Solubility. (3) Apparent Specific Grav ity . 13226-1 Nove m be r 200 8 City of Fort Worth Rolling Hills WTP Filter No. 12 Rehabilitation (4) Effective Size and Uniformity Coefficient. (5) Hardness (MOH Scale). 4. Shop Drawings a. Prior to loading and shipment Filter Media data sheets indicating material, unit weight, effective size, uniformity coefficient and other pertinent data specified or required to evaluate quality for each layer of material. b . Complete installation and placement procedures. c . An Affidavit of Compliance in accordance with A WW A B 100 and NSF No . 61 . d. Test Results performed by the independent testing laboratory as specified. e . Evidence of Manufacturing Experience. (5 years minimum with 10 installations in satisfactory operation). f. Certification of Quality Control Program. g . Backwash, expansion, and headloss data for filter media. D. Quality Control Fl3226.doc 1. Pre-Shipment Tests a. Sampling and testing to be performed in accordance with A WW AB 100, prior to shipment of materials. b. Perform tests on samples obtained directly by the approved testing laboratory in accordance with A WW AB 100. c. Pro vide certified copies of all tests performed by laboratory. d. The cost for this testing shall be included in the cost of the media. 2. Receipt Tests a. Sampling and testing to be performed in accordance with A WW A B 100, on material delivered to the site. b. Sampling will be performed by the Engineer. Samples will be shipped to the testing laboratory by the Engineer. c. The approved testing laboratory will perform the tests listed in Item 1.04 .D .3 .a in accordance with A WW A B 100. The cost of this testing will be included in the cost of the media. d. If the results of the Receipt Tests do not comply with the Specifications, the materials must be replaced to comply with Specifications . 13226 -2 November 2008 City of Fort Worth Rolling Hills WTP Filter No. 12 Rehabilitation 1.05 REFERENCE STANDARDS A. American Water Works Association (A WW A) 1. A WW A B 100 -Standard for Filtering Material 2. A WW A B300 -Hypochlorites 3 . A WW A C653 -Disinfection of Water Treatment Facilities B . National Science Foundation (NSF) 1. NSF Standard No. 61 -Indirect Additives, Process Media C. Where reference is made to one of the above standards, the revision in effect at the time of bid opening shall apply. PART 2: PRODUCTS 2.01 MEDIUM A. Anthracite medium shall be provided in the volume necessary for the addition of 6 inches in depth to Filter No. 20 and one inch in depth to each of eighteen additional filters . Medium shall comply with the standards of A WW A specification B-100 . B. Anthracite 1. Anthracite shall be a crushed anthracite coal having an effective size of 1.2 mm to 1.3 mm, a maximum uniformity coefficient of 1.4, and a specific gravity of not less than 1.4 nor greater than 1. 7. The anthracite shall have a hardness of not less than 3 .0 on the MOH scale. The acid solubility of the coal shall not exceed 5 percent. 2. Anthracite shall be virgin material clean and free from iron sulfides, clay, slate, dust, dirt and foreign matter of any kind as it is placed on the filters. Medium shall be free of visible extraneous material that is not easily separable (i.e . through normal backwashing and skimming) including wood fibers and plant materials. 3. Coal meeting these requirements may be purchased from ITT Leopold, Zelienople, PA . PART 3: EXECUTION 3.01 DELIVERY, STORAGE, AND HANDLING A. Packing and Shipping Fl3226.doc 1. Deliver media in new, never-before used heavy-duty woven, polypropylene, semi-bulk containers treated with UV light inhibitors, having a safety factor of at least 5: 1. The containers shall have lifting sleeves for forklift u se capable of supporting the entire weight of the full container, and have a bottom discharge spout. 13226-3 November 2008 City of Fort Worth Rolling Hills WTP Filter No. 12 Rehabilitation 2. The containers shall be clearly marked including company name, complete material description, lot number, and date of production . 3. Do not sh ip materials until storage and handling procedures are approved by ENGINEER. Filter media containers shall not be stored directly on the ground. 4. Pallets are required only on stock media. 5. Transport all media on open side trucks/trailers to allo w fo r si de unload ing by forkli ft. Material shall be properl y co vered or tarped . 6. Handle products in accordance with the media supplier's written instructions and in a manner to prevent damage . Exclude all dust, dirt or deleterious material. 7 . Delivery of media shall be subject to construction phase sequence as described in Section O 1040 . Media shall not remain onsite in excess of manufacturer's recommended storage limitations. If media is furnished in two or more separate shipments , Contractor shall perform preshipping and receipt tests as described in PART 1 of this Section for each shipment. 3.02 INSTALLATION A . Anthracite shall be transported, delivered and placed in a careful manner to exclude all dust, dirt, or deleterious material and to prevent physical damage to the particles per Paragraph 3 .01. B . After delivery to the site, but before placing the medium, the Engineer may take random test samples of each media and sieve analysis may be performed on each sample by a laboratory selected b y the Engineer. Failure of the samples to meet the above Specifications shall be cause for rejection and the Contractor shall remove such medium from the site and provide medium meeting these Specifications . No plus tolerances shall be allowed on any uniformity coefficients. The media supplier shall provide suitable shipment and/or make allowance for any degradation or segregation during shipping , so the deli vered material meets these specifications for effective size and uniformity coefficient. C. The filter box shall be thoroughly cleaned by brooming and vacuuming before any media is placed and shall be kept clean throughout the operation . No media shall be placed until the underdrain system manufacturer has certified the system to have been installed and the preliminary distribution tests successfully completed in accordance with Section 13221 of these Specifications. D . The anthracite shall be installed in accordance with the media supplier's specific instructions and A WW A B 100, and the media supplier shall provide a representative to supervise the media installation sufficient to ensure proper compliance with the installation procedures . The anthracite shall be placed in two layers . After each layer is placed, the bed shall be backwashed in accordance with the requirements of Paragraph 3.01.E to wash out dirt and allow the stratified fines to be skimmed. E . Following placement, the media shall be backwashed successively until there is not further discoloration. This will require several separate backwashes. The media shall be water backwashed for a period of 30 minutes in order to fluidize the bed and to wash out the dirt. This will require not less than three separate backwashes followed by a slow closing of the wash water valve . Final closure of the valve from the opening that gives 10 percent expansion shall extend over not less than 30 seconds. Following the final backwash for each layer, approximately one ( l ) inch of fines shall be F13226.doc 13226-4 N overnber 2008 City of Fort Worth Rolling Hills WTP Filter No . 12 Rehabilitation skimmed off. Sufficient anthracite shall be initially placed in each filter to allow for the skimming of fines . F. The final depth of anthracite after washing and skimming shall be a minimum of 48 inches. The depth of media shall be check measured in place after backwashing and filtering for 1 hour. G. Remove and dispose of skimmings from site. H . The Owner will perform all backwashing. Provide Engineer with a 3-day written notice prior to the first backwash in each filter bed. 3 .03 DISINFECTION A. After placement of the filter media, but before the filter is placed in service, the entire depth of filter medium and underdrain system in the filter shall be disinfected. The Owner will perform the filter disinfection procedures. Upon completion of disinfection, the filter contents shall be backwashed to waste to remove all traces of the disinfectant solution and dechlorinated as required. B. Water Source 1. Water for disinfection purposes will be provided by Owner per Section 01500. C. Bacteriological Sampling and Testing 1. The Owner will perform all sampling for bacteriological tests and shall pay for the initial testing to be performed by Owner selected laboratory. All subsequent testing, should the initial test fail, shall be paid for by the Contractor. 3.04 ACCEPTANCE A. Performance Testing. Before final acceptance, the filter shall be tested at a backwash rate as determined by the Engineer to verify proper installation of the filter media. The Engineer will determine the number and duration of backwashing tests. 3 .05 MANUFACTURER'S SERVICES A . Manufacturer's representative shall be present at the site during installation, testing, inspection and completion of manufacturer's Certificate of Proper Installation for the filter. END OF SECTION FIJ226.doc 13226-5 Novem ber 2008