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Home My WebLink AboutContract 38582CITY SECRETAr ,::ioccJ , CONTRACT NO . ICO a~ ---- SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PHYSICAL PROTECTION SYSTEMS PHASE II B Village Creek Wastewater Treatment Facility Sewer Project No.:Pl 73 -070173013142 FOR THE CITY OF FORTH WORTH, TEXAS 2008 MIKE MONCRIEF MAYOR DALE FISSELER, P .E. CITY MANAGER 182239.T2.AS ANDREW T.CRONBERG, P.E. ASSISTANT DIRECTOR, WATER DEPARTMENT SEBASTIAN FICHERA ASSIST ANT DIRECTOR, WATER POLLUTION CONTROL PAULS. BOUNDS PROJECT MANAGER · DAVID R.TOWNSEND, P.E. FACILITIES ENGINEER Prepared By: CH2MHILL CH2MHILL 309 W. 7th Street, Suite 1020 Fort Worth, TX 76102 (817) 870-1129 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX M&C Re vie w Page I of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA fORT\VORTH ~ COUNCIL ACTION: Approved on 1/13/2009 DATE: 1/13/2009 REFERENCE NO.: C-23280 LOG NAME: 60JOHNSON CNTRL CODE: C TYPE: PUBLIC NON-CONSENT HEARING: NO SUBJECT: Authorize Contract with Johnson Controls , Inc ., in the Amount of $1 ,282 ,220 .00 for Construction of the Phase IIB Security Improvements at the Village Creek Waste Water Treatment Plant RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Johnson Controls, Inc., for the construction of the Phase IIB Security Improvements at the Village Creek Waste Water Treatment Plant in the amount of $1 ,282 ,220.00 . DISCUSSION: In November 2002 , the Fort Worth Water Department completed a Vulnerability Assessment (Assessment) of its facilities in conformance with requirements set out in the Public Health , Security and Bioterrorism Preparedness and Response Act of 2002 . The Assessment identified areas where security measures should be enhanced at various Fort Worth Water Department facilities. These security mitigation and enhancement programs were then prioritized based on their risk reduction capabilities and organized into a multi-year improvement program . On January 4 , 2005 , CH2M Hill was awarded an engineering contract to develop plans and specifications for improvements identified as Priority 2 and Priority 3 in the Assessment. These improvements are designed to increase security by providing a closed circuit camera (CCTV) systerr around the perimeter of Water Department facilities , card access controls at critical buildings , IT equipment rooms and an intelligent video management system to better manage video data. In 2008 , the Water Department was successful in securing a Law Enforcement Terrorism Prevention Program (LETPP) grant through the Department of Homeland Security in the amount of $422 ,374 .0C to cover the cost of equipment and installation of an intelligent video management system at the Village Creek Waste Water Treatment Plant. Th e proposed cont ract w ith John so n Co nt rol s , Inc ., w ill i ncl ude the ins ta ll at ion of co ndu it and fi ber opt ic cab le, a cl osed circ u it TV system , card acc ess at key b uil d ings and an inte lli gent v ideo management system at the V ill age Creek Waste Water Treatment Plant. The inv itat ion to bid not ice went out on May 8 , 2008 , and May 15, 2008 . The contractors were requ ired to pre-qualify before they were allowed to rece ive plans and spec ifications . Seven contractors submitted forms and all seven were pre-qualified . The pre-qualified contractors were the, mailed copies of plans and specifications . On June 26 , 2008 , the following bids were received : BIDDERS Johnson Co ntrol s , Inc . BASE BID $1 ,17 4 ,553 .00 VIDEO MOTION DETECTION CONTRACT AMOUN . $107 ,667 .00 $1 ,282 ,2 20 .01 htt n-//;mns .cfwnet.o rg/co un ci l pac ket/me review.as p?) D== I 06 81 &co un ci !da te== I /1 3/2009 0 l /27 /2009 M&C Rev iew Metroplex Control Systems $1,493 ,021 .00 $102 ,520.00 ADT Security $1 ,578 ,522 .00 $115 ,574 .00 Siemens, Inc . $1,405,241.00 $290,108.00 In addition to the contract amount , $65 ,000 .00 is required for possible change orders . Page 2 o f 2 $1 ,595 ,541 .01 $1 ,694 ,096 .01 $1 ,695 ,349.0 1 Johnson Controls , Inc., is in comp li ance with the City 's M/WBE Ord i nance by committing to 54 percent M/WBE part icipation . The City 's goal on th is project is 30 percent. This project is located in COUNCIL DISTRICT 5 . FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available i n the Sewer Capital Projects Fund and the Homeland Security Grant Fund . TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 60JOHNSON CNTRL MAP.pdf FROM Fund/Account/Centers P275 541200 701300049683 $859 ,846 .00 GR76 539120 002442236130 $422 ,374 .00 Fernando Costa (6122) S . Frank Crumb (8207) Pau1Bounds(8567) 182239.T2.AS i ' t. t SPECIFICA TTONS AND CONTRACT DOCUMENTS FOR PHYSICAL PROTECTION SYSTEMS PHASE llB SewerProjectNo.:Pl73-070173013142 FOR THE CITY OF FORTH WORTH, TEXAS 2008 Prepared By: vJI CH2MHILL . ....., Cll2MH!LL 309 W . 7"' Strc-el, Suite I 020 Fort Worth, TX 76102 (817) 870-1129 Division 16 APRIL, 2008 05 -1 5-09 All:45 IN r' SECTION 00020-CONTRACT DOCUMENTS TABLE OF CONTENTS Pages Part A Notice to Bidders .......................................................................................................... 1 Special Instructions to Bidders ......................................................... : .............................. 6 Part B Proposal .......................................................................................................... 4 MWBE Section MWBE Specifications .......................................................................................... 1 MWBE Utilization Form ....................................................................................... 4 MWBE Prime Contractor Waiver Form ................................................................ 1 MWBE Good Faith Effort Form ............................................................................ 3 MWBE Joint Venture Eligibility Form ................................................................... 3 MWBE Enterprise Ordinance Attachment 1 ....................................................... 19 Part C General Conditions ............................................................................................ 58 Part CS Supplementary Conditions ................................................................................ 12 Part D Special Conditions ............................................................................................. 17 Wage Rates ........................................................................................................ 2 Part E TECHNICAL SPECIFICATIONS DIVISION 01 -GENERAL REQUIREMENTS 01000 01001 01110 General Technical Requirements ................... 01000-1 General Construction Requirements ............... 01001-1 Summary of Work ....................................... 01110-1 DIVISION 02 -SITEWORK 02820 Fences and Gates ........................................ 02820-1 DIVISION 03 THROUGH 7 -NOT USED DIVISION 08 -DOORS AND WINDOWS 08710 08710 Door Hardware ............................................. 08710-1 Door Hardware Schedule 1 DIVISION 09 -FINISHES-NOT USED 01000-10 01001-20 01110-1 02820-10 08710-12 1 182239.T2.AS CONTRACT DOCUMENTS TABLE OF CONTENTS Physical Protection Systems Phase 118 PAGE 00020-1 SECTION 00020-CONTRACT DOCUMENTS TABLE OF CONTENTS DIVISIONS 10 THROUGH 12-NOT USED DIVISION 13 13311 13 111A 13320 13320 13700 13701 13702 Network Equ i pment. ........................................ 13311-1 . Network Equipment Item List ...... 133 1 1 A-1 Fiber Optic Communications Systems ................. 13320-1 . Table Fiber Equipment 1 Access Control System .................................... 13700-1 CCTV Surve illance System .............................. 13701-1 Intelligent Video Management System ................. 13702-1 DIVISION 16 -ELECTRICAL 16011 Basic Electrical Construction Materials & Methods 16011-1 DIVISION 17-INSTRUMENTATION-NOT USED Part F 13311-7 13311A-2 13320-15 1 13700-12 13701-9 13702-22 16011-17 Insurance Form .. . .. .. .. .. . .. .... . .. .. .. .. .. .. .. .. .. . .. .. .. . . .. .. .. . .. .. . . .. .. .. . ... . . . . .. .. . .. .... . .. .. . . . . .. .. .. . 1 Workers Comp Form............................................................................................. 1 Performance Bond . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . 2 Payment Bond ....................................................................................................... 2 Maintenance Bond . .. .. .. .. . . .. .. . .. .. .. .. .. .. .. .. . . . . . .. . .. . . .. .. .. . . . . . .. .. . .. . .. .. .. . .. .. . .. .. . .. . .. .. . .. .. .. .. 2 Part G Contract Part H 2 Construction Drawings (Bound Separately) ......................................................... . Appendix A Project Sign 182239.T2.AS Physical Protection Systems Phase 118 CONTRACT DOCUMENTS TABLE OF CONTENTS PAGE 00020-2 ' PART A NOTICE TO BIDDERS INVITATION TO BID PHYSICAL PROTECTION SYSTEMS PHASE 118 Sealed proposals for the furnishing of all labor, materials, equipment and all necessary for construction of the Physical Protection Systems Phase IIB, sewer proj ect number P173 - 070173013142, addressed to Purchasing Manager of City of Fort Worth , Texas, will be received until 1 :30 p .m . on the date of the bid opening , at the Office of the Purchasing Manager, City of Fort Worth , located in the lower level of the Municipal Building , 1000 Throckmorton Street, Fort Worth , Texas 76102. The bids w ill be publicly opened and read aloud in the City Council Chambers at: 2:00 PM, June 12, 2008 The project includes access control and CCTV surveillance systems at Village Creek Wastewater T reatment Facility. Special Contract Documents, including plans and detailed specifications , have been prepared for this project and may be obtained from the office of CH2M HILL 309 W . 7th Street, Suite 1020, Fort Worth , Texas 76102 , Phone number (817) 870-1129. One set of bid documents will be provided to already prequalified security contractors with the City for nonrefundable fee of one hundred dollars ($100). The bid documents (drawings and specifications) shall be returned to CH2M HILL after bid opening. New security contractors that would like to prequalify need to request for prequalification documents. General Contract Documents and Specifications for the Water Department projects, dated January 1, 1978, with the latest revisions , also comprise a part of the Specia l Contract Documents for this project. A pre-bid conference will be held at 1 :30 p .m ., May 22 , 2008 , at the Village Creek Wastewater Treatment Facility Conference Room, 4500 Wilma Lane, Arl ington , Texas. The City reserves the right to reject any and all Bids and waive any and all irregularities. No bid may be withdrawn until the expiration of ninety (90) days from the date the Bids are received. For additional information , please contact Sam lrrinki at CH2M HILL, Inc., at (915)637-0107 . A-1 Dale Fisseler, P . E. City Manager Martha Hendrix C ity Secretary SPECIAL INSTRUCTIONS TO BIDDERS (August 4 , 2003) 1. PREOUALIFICA TION REQUIREMENTS. All contractors submitting bids, are required to be pre-qualified by the Fort Worth Water Department prior to submitting bids. This pre-qualification process will establish a bid limit based on technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation : a current financial statement, an acceptable equipment schedule , names and addresses of each individual or business entity owning 10% or more of the bidding entity, and any other documents the Department may deem necessary, to the Director of the Water Department or his designated representative , at least seven (7) calendar days prior to the date of the opening of bids. a) b) c) COVER LETTER. The cover letter provided by the prospective bidder with the pre-qualification information must include the following information: • Contact person (for additional information) if other than individual who signed the cover letter • If the bidder intends to submit a bid within thirty (30) days from the date that the pre-qualification request is submitted to the City, a statement as to the project to be bid and the date that the bids are scheduled to be opened. 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. EXPERIENCE RECORD. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in the work of both the same nature and technical level as that of the project for which bids are to be received. Experience must be on projects that were completed no more than 5 years prior to the date on which bids will be received. A minimum of three references must be included. References must include a contact person name, telephone number, project name and total cost, and type of work done (Utility contractor shall list pipe size and pipe linear footage). d) 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. A-2 The Water Department will review each pre-qualification submittal. From the financial statement, the maximum bid limit will be based on amount of liquid assets times 10. The expiration date for pre-qualification will be established as 15 months after the date of the financial statement. The experience record will be reviewed and verified at the same time. The following condition~ will apply: a) The Director of the Water Department shall be the sole judge as to the acceptability for financial and experience qualification to bid on any Fort Worth Water Department project. b) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. c) The City, in its sole discretion, may reject a bid for failure to demonstrate experience and/or expertise. d) Any proposals submitted by a non pre-qualified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. e) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a wavier of any necessary pre-qualification. For additional information contact John Kasavich, Fort Worth Water Department at (817) 871-8480 (FAX 817-871-8195). Pre-qualification submittal should be sent to: John Kasavich Fort Worth Water Department 1000 Throckmorton Fort Worth, TX 76102-6212 2. 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 bid bond, the surety must be licensed to do business in the State of Texas. In addition, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. A-3 3. BONDS. A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the contract price will be required . Reference C3-3 .7. 4. WAGE RA TES. 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. 5. AMBIGUITY : In the case of ambiguity or lack of clearness in stating prices in the Proposal , the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: 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) 7. 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 that 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 's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has a place 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. 8. PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be paid within forty-five ( 45) days after the completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Governrnent, 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 A-4 contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification , retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend , indemnify and hold City harmless against any claims or allegations asserted by third partie s or subcontractors against the City arising out of the Contractor's and/or its subcontractors ' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of the contract. 10. DISABILITY: In accordance with provisions of the Americans with Disabilities Act of 1990 ("ADA "), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on; the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with , or employees of 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 subcontractors ' alleged failure to comply with the above referenced Policy concerning disability discrimination in the performance of this contract. 11. 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 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 A-5 -· and barred from particip ating in City work for a period of time of not less that three (3) years . 12. 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. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in , or omissions from , the Contract Documents , or should the bidder be in doubt as to their meaning , the bidder should at once notify the Fort Worth 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. A-6 PARTB PROPOSAL 1. 2 . TO: Dale Fisseler City Manager Fort worth, Texas PART B -PROPOSAL I PROPOSAL FOR : furnishing of all materials and equipment and labor and all nec essary appurtenances and incidental work to provide a complete and operable project designated as: City of Fort Worth Water Department Physical Protection Systems Project Number Sewer No. P173 -070173013142 Pursuant to the foregoing Notice to Bidders, the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents and the General Specifications for Water Department Projects, sites of the project and understanding the amount of work to be done, and the prevailing conditions hereby proposes to do all the work, furnish all the labor, equipment and material , except as specified to be furnished by the City, which is necessary to fully complete the work as prov ided in the plans and contract Documents and subject to the inspection and approval of the Director of the City 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, Paymept Bond,_Maintenance..B.ond,-and-such-other-beads,if-~ 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 NAME OF PAY ITEM WITH TOTAL AMOUNT NO. QUANmY BIO PRICE IN WORDS BID(UNIT PRICExQUANTITY) 1 LS. Item Description, Furnish and install s! full~ functiQnal ~ecuriO'. Ace!;)~ CQntrol, CCTV survei1151nce gnd deteclion s~tem, {eg1.1igm!;)nt ang s~tem int~ration} for the Villag~ Cre!;lk WWTF as shown on grawings 9 nd si;iecification for the lumg sum grice of : Dollars and $ 256,537 .00 Cents Two hundred fifty six thousand fi ve hundre d thirty seven do llars and no ce r ts 1 LS. Item Description , F!,!rn ish 51nd in stall all the conguits, wir ing , bq~§\ke rs, gow~r g2nel§, junctiQn boxes, camerg goles and misgell 9 neou§ item§ reguired !Qr a full~ fungt ional Secu rit~ Access Control, CCTV surv!;)illange, and Intelligent Vid!ilQ MQtion Detection §~stems !Qr th!;l Villag!;) Creek WWTF as shQwn Qn dr2wings 2nd sg~ilic9tion !Qr the lum12 §Um grice QI : $ 750 ,4 60.00 even hundred fifty thousa nd oollars and ou r hundred sixty dol lars and no ce n ts Ce nts B-1 o f 5 ITEM ESTIMATED NAME OF PAY ITEM WITH TOT AL AMOUNT NO. QUANTITY BID PRICE IN WORDS BID (UNIT PRICExQUANTITV) 3 . l LS. Item Description, Fuml 2h 2nd install §II thlil fiber ogtic cable 2 r~1.1ired for a fullll f!,!nctional n~w SeQuritll A~es2 QontrQI, CQTV survellls!,nce, and lnt!;l!l!gent Vid~Q MotiQn Det!;lction sll§t!;lmS fQr the Villag~ Cre~k WWTF as shown on Qrawings and s~cificatiQn for tt!e lumg sum griQ~ of : One hundred five thousand Dollars and $ 105,031.00 thirty one dollars and no cents Cents 4. .1MQQ Feet Item Description, R~gla~ existi09 co 9xial Q!i!ble with new two str§nd m!,!ltimQQe fib~r ogti~ cabl~ in ~xisting conduit and new fiber ogtic modules (lotal 22) frQm ea~b camera tQ DVR for th~ exi 2ting surv!;lillanQe cameras 2t th!;l Vill§Qe Cr!;llilk WWTF for the unit gr~e of : Thirty one thousan d six Dollars and and no CE h t $ 31,638 .00 hundred thirty eight dollars Cents 5 . 1 LS. Item Description, Mobilizi!tion, bong 2, in 2!,!ranQ~. contractor's field offic~. and demQ!.;2ifization fQr the 11,!mQ 21,!m grice of: Twenty one thousand four hundred Dollars and thirty nine dollars and no cents $ 2 1 ,439.00 Cents 6. 1 LS. Item Description , All other direct, indirect, cons~uential anQ/or misQellan!;lous gosts not inQluded in abQve b id item 2, but rlilguir~ for Qomgl!;ltion Qf the i:;i roject for th~ lumQ sum (;!rice of: Nine t hou sand f ou r h u ndred D II d o ars an $9,44 8 .00 f o r ty eigh t d o ll a rs and n o ce n t s Cents Total Base Bid IJ ne million one hundred sev ea t ~ fou ~ o ars an 1 ,1 7 4,553.00 thousand five hundred fifty three $ Cents do llar s a i'icl i'i1'.i cern:s B-2 o f 5 Add Alternate Bid Items Owner will evaluate the bids based upon the total base bid amount above plus the bid price(s) of none, one or more of the Add Alternate items presented below. Owner intends to select Add Alternate items in any order until the available budget for the project is reached . The Owner, in its sole discretion , will award the contract based on the base bid alone ; or the base bid plus any combination of Add Alternates listed below. The Owner reserves the right to award the base bid to one contractor and a separate contract tor one or more of the alternate bid items listed below to another contractor. Add Alternate No.1 Add Alternate No .2 Add Alternate No .3 1 1 l Year Year LS. Extended warranty for an additional year after the initial two year warranty included in the base bid (third year starting from final completion) for the Village Creek WWTF. The warranty shall include for all the Intelligent Video Motion Detection system's hardware and software support (Vistascape only) for the lump sum price of: ------------Dollars and Twenty one thousand six hundred __________ ....,.. ___ .,..Cents eighty nine dollars and no cents OR Extended warranty for an additional year after the initial two year warranty included in the base bid (third year starting from final completion) for the Village Creek WWTF. The warranty shall include for all the Intelligent Video Motion Detection system 's hardware and software support (Alternate to Vistascape) for the lump sum price of: ------------Dollars and Thirteen thousand seven hundre d ----------..,...-----~nts eiqhty two do l lars and no cents Extended warranty for an additional year after the in itial two year warranty included in the base bid (third year starting from final completion) for the Village Creek WWTF. The warranty shall include for all the access control system's hardware and Software House software support for the lump sum price of: one thousand five hundred Dollars and _t _w_e _l v_e_d_o_1_1_a_r _s _a _nd_n_o_c_e_n_t _s __ Cents Item Description , Furn ish and install a fully func ti ona l Intelligent Video Motion Detection system including hardware and software (Vistascape only) for the Village Creek WWTF as shown on drawings and spec ification for the lump sum price of : ------------Dollars and Tw o hundred sixty eight housand -----------,----..,--Cents sixty one dollars and n o cent s B -3 of 5 $ 21 ,689.00 $13,78 2.00 $1,512.00 $268 ,06 1.00 OR Furnish §!nd insts!ll a fully funi;.tion§!I lntellig!;1nt Vigeo MQtion Detection §ystem including hii!rdwar~ and software (Alternste IQ Vista§Qa[le} for the Villili)e Qreek WWTF a§ shown on drawings an!;! S[l~ification fQr the lumQ ~!Jm 107 ,66 7 .00 [lrice of; $ One hund re d seven thousand· Dollars and six hu ndred sixty se ven dollars and n < c ~nts Cents Ad d Alternate 1 LS. Item Description, No.4 Furni§h and instgll a system to int~rate Q[ conv~rt th~ ~xisting Vi§tasQs!ge sy§tem ru Holly WTP (26 fixed Qs!me r9§} with the 12rogos~d Intelligent Vld!;1o Motion Detection S~tem s!t Villag~ Creek WWTF for the lumg §Um grice of: One hundred seven thou sand ~~I d 107,156.00 oars an $ hundred fifty six d o llars and no cents Cents Within ten days after acceptance of this Proposal , the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% of the total amount bid is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time set forth, as liquidated damages for ethically and additional work caused thereby . If the total bid is less than $25,000, the bid bond is waived . 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 all addendum thereto, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the Specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, and employment agency in either furnishing of 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 IO calendar days after issue of the work order, and to complete the contract within I 80 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. State of Residency: (Complete A or B below, as applicable :) A. The princ ipal p!ace of b_usin ess of our company is in the State of lhscons.1n . Non resident bidders in the State o f , our principal place of bu siness, are required to be __ percent lower than resident bidders by state law. A copy of the statute is attached . Wisconsin Non resident bidders in the State of --------· our princi pal place of business , are not required to und erbid resi dent bidders . B-4 of 5 B . The principal place of business of our company or our parent company or majority holder is in the State of Texas . I (We), acknowledge receipt of the following addenda to the plans and specifications, all of the provi sions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) LfJ . Addendum No . 2 (Initial s)~ Addendum No . 3 (initials) ___ _ Seal If Bidder is Corporation Date : ____ _ Dl.AiJ.c.H: t:iAMAbEl1- Ti t1e or Position ..:r ()~°"' C.11-:»ffi.OLS, .µU:_ Contractor Street ]h'QJ li, , 'Ti 1$0e.3 City, State Zip g ·11.. -S'v~ -3(,oo T e lephone Number B-5 of 5 MWBE SECTION FORT WORTH --.G,..... s -City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the to tal doffar value of the contra ct is $25 ,000 or more, the M/WBE go a l is applicab le. If th e total doll ar val ue of th e co ntrac t is less tha n $25 ,000, the M/WB E goal is not appl icab le . POLICY STATEMENT ft is the po licy of the City of Fo rt Wort h to ens ure the full and equ itab le part ic ipat io n by M ino rity an d Wome n Busin ess En te rp ris es (M/1.NBE) in the proc urement of a ll good s and se rv ice s to the City on a co ntractua l bas is . All re quireme nt s an d regu lations stated in t he City's c urrent Minority and Women Business Enterpri se Ordinance app ly to thi s bid . M/WBE PROJECT GOALS T he C ity 's M/WB E goa l on this proje ct is __ 30 __ % of the total bid (Base b id ap pl ies to Pa rk s and Community Serv ices ). COMPLIANCE TO BID SPECIFICATIONS On City con t racts of $25,00 0 or more, bidde rs a re requi re d to comp ly with the intent of th e C ity 's M/1.N B E Ord ina nce by ei th er of t he follow ing : 1. Meet or exceed the above st ated M/WBE goa l, or 2 . Good Faith Effort documentation , or ; 3. Waiver documentat ion , or ; 4. Joint Ventu re . SUBMITTAL OF REQUIRED DOCUMENTATION The app lica b le docu me nts must be· rec eiv ed by the Managing Departm ent , w ithi n th e fo ll owin for the enti re bid to be consid e red re spons ive to t he sp ec ifica tions. i i ~ ~, · ·· · · ~· 1: ~~~~~ :r ·:--: :-:::.,-r -;:r,: " ~ 1. Subcontracto r Utilization Form , if goa l is rece ived by 5:0 0 p.m ., five (5 ) City b us in ess days aft er the bid me t or ex ce eded: open in q dat e, exc lus ive of th e b id ope n ing date . 2. Good Faith Effort and Subcontractor re ce ive d by 5:00 p.m ., fi ve (5 ) City b usi ness days after the bid Uti li zation Fo rm , if pa rt ic ipat ion is les s tha n open ing date , ex cl us ive of th e b id ope n ing date. stated ooal : 3. Good Faith Effort and Subcont racto r rec eive d by 5:00 p.m., fi ve (5) Ci ty b usi n ess da ys after th e bid Utilizatio n Fo rm , if no M/WBE participation : , openi ng date , exc lusive of the bid ope n ing date. 4 . Pr ime Contra ct or Wa ive r Fo rm , if you will I receive d by 5:00 p .m., five (5) Ci ty bu siness days afte r the bid perfo rm al/ su bcontrac ting /supp lie r work: open ing date, exclusive of the b id open in q date. 5. Joi nt Ve ntu re For m , if ut ilize a joint ven ture / re ce iv ed by 5:00 p.m., five (5) City bu s iness days afte r the bi d to met or ex cee d ooa l. oeen inq da te, exc lusive of the bid op en ing date . FAILURE TO COMP LY W ITH THE CITY 'S M/WBE ORDI NA NCE , WIL L RESULT I N THE BID BEING CONSIDERED NON -RESPONS IVE TO SPEC IFIC AT IO NS An y qu estions, pl ease con ta ct th e M/WBE Office a t (8 17) 392-610 4. Rev. 11/1 1/05 FOR T WOR T H =-•• ~ RECEIVED JU L O: 2008 Water Dep artment City of Fort Worth Prime Contractor Waiver Form AITACHMENT 1B Pa ge 1 of 1 PRIME COMPANY NAME : Check applicable block to describe IS PROJECT NAME: City 's M/WBE Project Goal: PR OJECT NU MBER PI 3 -o 70 / 7 3o fsJL{-z__ If bo th answers to this form are YES , do not complete A TI ACHMEN T 1 C(Good Fai th E ffort Form ). A ll q ues tio ns on this form must be co m plet ed and a detailed expla nation prov ide d , if appl ica ble . If the answer to ei ther question is NO , then you must compl ete ATIACHMENT 1 C. This form is on ly ap plicab le if .b.o.th answers are yes . F ail ure to complete this form in its en t irety a nd be received by t he Managing Departm e nt on o r before 5:00 p .m ., five (5) City bu si ness days afte r bid open ing , exclusi ve of t he b id open in g dat e, will res u lt in t he b id be i ng considered non -respon s ive to bid specifications . Will you perform this enti re contract without subcontractors? YE S If yes , please provide a detailed exp lana ti on that proves ba sed on the size and scope of th is project , @ this is your normal busi ness pract ice and provid e an opera tional profile of your business . Will you perform this entire contract without suppliers? YES If yes , please provide a detail ed explanation that proves based on the si ze and scope of th is proj ec t , A thi s is your normal bus ines s pra ct ic e and provide an inventory profile of your busine ss . The bidde r fu rther agrees to provide , directly to the City upon request , comp le te and ac curate information regarding actua l work performed by all subco n tractors , includ ing M/WB E(s) on this contract , the paym ent th erefore and any proposed changes to the original M /WBE(s) arr angeme nts sub mi tted with this bid . The b id der a ls o ag rees to allow an a udit an d/o r exam ination of any bo ok s, record s and fil es held by th eir company that will s u bstant iate the actua l work performed by the M/WBEs on thi s contrac t, by an authorized offi ce r or employe e o f the Ci ty. Any inten tional and /or know in g m isrepresenta tio n of facts will be grounds for term ina ting the co ntrac t or debarment from City work for a period of not less than three (3) years and fo r initiating act io n under Federal , State or Loca l laws concern ing false state me nts . Any failure to co mp ly with this ordinance creates a material breac h of cont ract may result in a determin at ion of an irres pons ibl e offerer and barred from participa ti ng in C ity work for a pe rio d of time no t less than one (1) yea r. A utho riz ed S ignature Printed Sig natu re Title 5AM~ Contact Na me (if different) J 6nrt son Cbnm ts ll Lf-, 1 0'f• (£)'t {p ~ q72 . </0'8 · 3bt7 Compan y Name Phon e Nu mber Fax N umber kn stt~. e. broo t.s ~ \C.l .COYYl Ema il A dd res s - 302 1 West W1J 1)(' A ddress c~£X!M 1' JS OV>3 ~121 102> Da Rev. 5/3010 3 FORT WORT H ....... --C ITY OF F ORT WOR TH . Joint V en t ure Eli g ibility Fo rm Joint Ve r,t u re Page 1 of 3 Name of C ity project: ~h Sl;t ~~+;t'.s~~t '"~ I I !? ¥ A j oint venture fonn must be comple ted on~ project () 1-, 3 O 70 1 7 3 O / J J '{ 2 RFP/Bid/Purchasing Number: ___ { __ -________ _ 1. J o int vent ure i nfor matio n : Joint V enture Nam e: Joint Venture Address: (If applicable) T eleph one : Cell ul ar: tJ/A E-ma il addre ss: Iden t ify th e firms that compri se the joint venture: Please attach extra sheets if addition al space is required to provide deta iled explanations of work to be perfonned by each finn comprising the joint venture M/WB!i: firm na me: Bus iness Address: City, State, Zip : Tel ephone ~/ A Ce llul rJ / (\ Facsimile t1/ A Certification Statu s: Name of Certifying Agency: 2 S co pe o f wo r k per o rm e N A >J A- E-mail rJ(A- rJ. A IA d b th J . V •v e omt e n t u re: Describe the scope of work of t h e M/WBE: -' ( tt fV/ l I No n-M/WB!i: firm name: Busine ss Address : C ity, State , Zip : Teleph on e Cellular E-ma il addre ss Facs imile rJ/ A N/A tJ A- Describe the scope o f work of the n on-M/WBE: l \ I""-"" /IJ. 7- - Rev. 5/3 0/03 Joint Venture Pag e 2 of 3 3. What is the percentage of M /WBE .Barticipation on this joint venture that yo u wish to be counted toward meeting the project goal? lt,D7, ----""::....::.-1-, ~------ 4. Attach a copy of the joint ~e nture agreement. N o--r A-f p) l ( ccl::>I e._.. 5. List components of ow nership of joint venture: (Do n ot comp le te if this inf ormat io n is desc r ib ed in j oim venture agree ment) I Prnfi t an d Joss shac ing c lJ7 A Capita l co ntribu t io ns , includ in g rJ/ A eq u ip me nt: . . O th e r appli cab le ownersh ip inte res ts: "I I .l '"' f'\ 6. Identify by name , race, s ex and firm those indi v iduals (wi th tit les) who are re s ponsibl e for the day-to -da y management and deci s ion makin g of the joint venture: Financ ial decisio ns (t o include Acco unt Payable an d Receivable): I - Management d eci s ions: 'f-/f n a . Estimatin g --------------~-------------------------------b. Marketin g and Sa les , I ~ -. -. -----------------------------. ------------ C . Hiring and F iri ng of management I"( ti personne l ---------------------------------------------- d . Purchas in g of maj o r equipment ancVo r s upplie s Sup ervi sion of fi e ld operat io ns tJ IA The Cit y 's M ino ri ty and Women B usi ne ss Enter prise Office wi ll rev ie w your jo in t v en tu re sub mi ssio n and will ha ve fi nal approval of the MNVBE perce nt age a p p li ed toward th e goal fo r t he proj e ct l ist ed o n this fo rm . NOTE: .u. ... Fro m and aft er the dat e of proje ct award , if any" of the part icipa nt s, the in dividually defin ed sc ope s of work or the dolla r amo unt s/p erce nt age s change fr om the orig ina lly ap pro ved info rmat ion , then the participan ts must inform th e Ci ty's M/\/1/B E Offi ce imm edia te ly fo r approval. Any unj u st ifi ed cha nge or deletio n sh all be a materi al bre ach of contract and may resul t in debarm en t in acco rd with the pr oce d ures out li ned in the Ci ty's M/WBE Ordina nce . Rev . 5/30 /03 AFFIDAVIT Joint Venture Pa e 3 of 3 The undersigned affirms that the fo rego ing statem ents are tru e and correct and include a ll materia l info rmati o n necess ary to identify and expl a in the terms an d op erati o n of the joint venture. Furtherm o re , the undersigned shal l agree to provide t o th e join t venture the stated scope of work, deci s ion-making responsibilities and payme nts herein . The City a lso re se rves th e ri ght to req ue st any additi o na l informat io n deemed ne cessa ry to determine if the joint v e n t ure is eligible . Failu re to cooperate and/o r provide re quested info rmat ion w ithin t he tim e s pecified is grounds for termi n ation of the eligibility process. The unders igned agree to permit audits , interv iews w ith owners and examination of the boo ks , rec ords an d fi les of the joint venture by any auth ori ze d representativ e s of t he City of Fort Worth. F a il u re t o com ply with t h is p rov ision shall res u lt in th e te rminat io n of any contract, wh ic h may be awarded un der th e pro v isions of thi s j o in t venture's elig ibility and may init iate action under Federal , State and/or Loca l laws/o rd inances co ncerning false _ s tate ments o r wil lfu l misreP.!:_e sentation of fact s._____ ___________ _ _______ _ Name ofMIWBE firm Nam e ofn on-M/WBE finn IJ I p,c- Pri nted Name of Owner tJ/ I+ Signature of Owner tJ/A Printed Name of Owner Printed Nam e of Owner It Si gnatu re of Owner Signatu re of Own er V A T it!e Ti tle µ 1\. Date Date 7 I i Nota ri zatio n State of Te )<05 County of To...\\Qs -~~~~------------ On t hi s ___ ....,;l,,c-..c,___ ______ _ d ay of ...)l) l~ , 20 ae_, before m e appeared t o me pe rson a ll y kn own a nd wh o, bein g duly sworn, did ex ecu te th e foregoing affi davit and did state that they w ere p ro perly author ized to execute thi s affidav it a nd did so as the ir free act a nd d eed . Rev . 5/30/03 FORT WORTH ~ City of Fort Worth Subcontractors/Suppliers Utilization Form ATTACHMENT 1A Pa ge 1 of 4 Check applica bl e b loc k to de scri be prime M/VV/DBE NO N-M!W/DB E PROJECT NU BER : '----___,_.e..:0,:::__0 :..::_Yo --------'-------.:....::._o/o ____ __i__,__P :__I l_:___::__~___:#0~~1 3 0 / ~ J '-J f.. City 's MIWBE Project Goa l: Prime's MIWBE Project Utilizati on : Identify fill subcontractors/suppliers you will use on this project Failure to comple te this form , in its ent irety with requested documentati on, and received by the Man agi ng Departme nt on or before 5:00 p.m . five (5) City business days after bid open in g , exclus ive of bid opening date , will result in th e bid be ing considered non ~respons ive to bid spe cifications . The t inde rsigned Offerer agrees to en ter into a forma l agreement with the M/WBE firm (s) li sted Jn this utilization schedule , conditioned upon executi on of a contract with the City of Fort Worth . The intent io nal anq/or kn9wing misrepresentation of facts is grou 11d s fo r. consid e ration of disqualificati on and will result in the bid being considered non -respons ive to b id spec ifications · M/WBEs listed toward meeting the project ·goal must ,be located in the nine (9) county marketplace or currgntly doing business in the marketplace .at the time of bid . Marketpla ce is the geograph ic ar ea of Tarrant, Par ker, Johnson , Collin , Dall as , Den ton, Ellis , Kaufman and Rockwall counties . Identify each Tier level. Tier is the level of subcontracting below the prime co ntra ctor, i.e .; a direct payment from the prime contractor to a subco nt ractor is considered 1 st tier;· a paymen t by a subcontractor to its s uppl ier is considered 2"d tie r ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD . Certification mea ns those firms , located or doing bu si ne ss at the time of bid opening with in the Marketp lace, that have been dete rmi ne d to be bonafide mi nority or women busin esses by the Nort h Central Texas Regional -Certificai ion Agency (NCTRCA), or the Texas Departm ent of Transportat ion (TX DOT), h ighway divis io n. qisac;iva ntag ed Busi ness Enterprise (DBE ) is synon_ymous wit h M inorityM'omen .Busine~~ En terprise (MM'BE). If haul i ng serv ices are utilized, t he prime will be given credi t as long as t he M/WBE liste d owns and opera te s at l eas t one fully licensed and op erational t ruck to be use d on the contract. The M/WB E may lea se trucks from a nother M/WBE firm , including M/WBE owner-ope rat ors, and re ceiv e f ull M/WBE ·cred it. The M/VVBE may lease truc ks from non-M/VVBEs , includ ing owne r-operato rs, but will only receive cred it for the fees and commiss io ns earn ed by the M/VVBE as outl ined in the leas e ag reem ent. ·Rev . 5/30/03 I ATTACHMENT 1A Pa ge 3 of4 r Primes are requir ed to ide ntify ALL subcontractors/sup pl iers, regard less of sta tus ; i .e., Mi nority , Wo men and non -M /WBEs. Please list M/WBE fi rms first , use add it io na l s hee t s if necessa ry . Certification N (check one ) 0 SUBC O NTR AC TOR/S UPP LIER T n Company Name N T Detail Detail i X Su b contracting Work Su p p lies P ur chas ed Do ll ar Am o unt A d d ress M w C M e D I/, Telephone /Fax r B B T R 0 B E E C T E A AD.r 5 v Pol)( (oN1 ACTS 12.~ 'IA~ Brartdt L., _>c:>0 ~M«S JJ,..)(H 1 11' ,~J.~4 tif 12 · t.f o2 · ~L? I J.. 'l12. · '10" · (~3 I ~7Wllt''-Ho0~6' ..; V Au~s corJ r t..ct. ·Reade.ts 70 w e.s--t-u 1e,Lv st . ~W1P,.,tiiv1' Lodes 5"" O&O Le,n 1<1eilon VIA 02. yz.t \ Coritro i/e,vs.. f.@c,o P'. ON lJ( -qg;-tb)b _: b6b0 I 7 Z'l -l/b.b ,. q5SO ~HAP.P, INt.. ; V 11:.lf A'< P , /\QI) o S \~ N~VHle t)r--42'' Ut> -,,, /1 giPO l(dmeO Vj Ii €, XL-Ct,Otf c/v M.a:r~~i 4-J c:wi1 W ·J.3?,t../~77 &3o ·31i -ctct 8• b\lJ Comm un 1(0...+-llY!5 v F ,i,£1< ~v l H(;{ mwi o 11 J ~ ':f.rJ 5 ,A-(...l.r--.. ~ ...= /o~ o ~· ;ft '3SO Copp e ll TY q,z.-31b b'3b0 C(7l-3tb 6*> I Rev . 5/30/03 I f ORTWORTH ~ ATIACHMENT 1A Page 2 of 4 Prim es ar e requ i red to iden tify ALL sub con tractors /s up plie r s, r egardl ess o f st at us; i .e ., Min ority , Wo men an d no n-M/\IV BE s. I Ple as e l ist M/WBE fi rms fir st, use add it io nal s hee ts if neces sa ry. I Cert ific atio n N (c he ck on e) a SU BCONTRAC T OR /SUPPLIER n T De tai l Deta i l Com pa ny Nam e i N T Address e M W C X M S u bco n tracting W o rk Sup pli es Pu rc hase d Doll ar A m oun t Tel ep h one/Fax • r B B T D w E R 0 8 i E C T E . A C.Jl-{C.~ A~Aw . i -,/ ALL €JA:.cr,z,c.A L 8 t.z-C-T"IZ.l c., . J .IN $'f J9i." ~, I ()f\J '-/ I oo f\Mo N CAf'/U 81 r '750 1 '-t~O ~ 100 0 Wlitn-i 1'X 1tl'5(. e,11 • L~?> · t, 001 ft 1-2.g3 • 7/tl U 61EIV18N~ ' v PrZo\lJ l:>£ A~ s of-+ vJc>. re r:,101-B f'ea.c..h.fv~e,.., ~ J:N'STAL-t-Modul es ' - Du ~Hc.x:e>dj · f al S 1)(/..V (,t l l CA'{\Ce.. Se r uQV ~ ~~, 0 lo/ ~u1tegi6 5lTf. ~ ?~ot>UCf ~~c:.L GA 3C>~2.'& ,_'7R• ci,,. 1\:30 . ~) le "lB. 'i I~ • I\~ 2.. \)tlO\J \ t:> L lex:) T~CH-NOL.Derl~ ~ ~~NAT€. S0·ff0 qrc: pu Re... \e.d-) \/ i'J] .. ,,--E..L-t-l G,.EA) i ModJi es /01 115"~ Vt~£o 5\/~T"e..t/Y\~ ~y~T&c.Y'Yl Seroa.vs U>1~ IJI. PrlNNACLE Pt:A ~ IZC II ); 0 -OJL..c111.11r /J.? ~?7___ ·"°i . t~~qg~ PellO cl-rv t/.i1.1 P~ ~ Cc.rv ')03. 17. -,g 7 pei..u:> PJcyr ~ .:u.. ~ ~~T~AL-L+ /1 I D t!:) 'tJ 03 W . UlV US LN ~ V ' 7 ONt-'{ I !a~ TX ,':5o 2-3 .z.u~ · "350 • 33 77 ·c) 1,~. ~~ .~-3227 (''l l7V Dy t"I ~ I\JfT WO !Z.K. SW l"il-H c S 5 ?f~f, I.N f ~&flA !'\Ot,j C~t..£ N6Mi ~, ii. C.OuNffl Y CWf> 2 ~ci:::s ,.. /Cf I ~1t( o,N-$01,.~ S C)UroHtim Tl' 1500f., ( q7~ ·'"Iii · 'Y01t/ Smf S etUt lE ~ Itv$-r Au.. All-L-Jq-5~ Po 80~ 51.fO ~ cc..,-v fQ u •P.c:t- A<l i ri1hirl TX 7u oos ~ v~ A.a.r;;s s. corv t lWI.. el?'-' IP J (, 060 ct1.2 · O~·J 133 <ll1· 2J-/ 7. lH,15 - Re v . 513 0/03 • fORT~VORTH ~ T otal Dolla r Amou nt of M/WBE Subc ontract ors/S upp lie rs $ ATIACHM ENT 1A Pa ge 4 of 4 ',5o, t./ I., 0. O O Total Dol lar A mo un t of Non-M/WBE Su bcon tracto rs/Supp liers $ 1 B. '1 I t)Cj 3. oo TOTAL DO LLAR AMOU NT OF A LL S U BCO NTRA C TO RS /SU PP LI ERS $ I , / 1'1 1 5 5 3 . oo The Contractor will not make add it ions , deletions , o r substi t utions to t his certifi ed lis t w it ho ut th e prior approval o f th e M inority and W o men B usiness Enterpri se Offi c e Manage r or d es ig nee through th e subm itt al of a Requ est f or Approva l o f Cha n ge/A dditio n . A ny un j ustifi ed change or d e let ion shall be a materi a l br e ac h of contract and may result in deba r me nt in accord wi t h t he pro c ed ures outli n ed in the o rdin ance . The con t racto r s hall submit a deta il ed ex p lanation of how t he reques te d c hange/additio n or de leti on w ill affe ct the comm itte d M /WBE goal. If the deta il e xplanat io n is no t su b mit ted , it w ill a ffe ct the fin a l co m pl ian ce dete rm ina ti on . By affix ing a s ignat ure to th is form , the Offe ror further agre es to provid e, di rectly to the City upo n req uest, co m plete and accura t e information regarding ac tu al work performed by all s ubcon tra ctors , incl uding M /W/DBE(s) arrangem ents su bmitted with t he bid. The Offeror also agrees to al low an aud it and/o r examination o·f any books , re cords and files held by t heir company . The bidder . agre es to a ll ow the transmi ssion of in terviews w ith owners , pr in ci pals , officers , em pl oyees and applicable s u bcontractors/suppliers/con tra ct ors partici p ati ng on th e cont ract th at w ill substantiate the actu al work performed by the M/W/D BE(s) o n this contra ct , by an aut horiz ed office r or employee of t he City. Any intentional and/or know in g misre presentation of fa cts w ill be grounds fo r terminating the contract or deba rm ent from City work fo r a period of not less t han three (3) ye ars and for initi ati ng action under Fe deral , Stat e or Lo ca l laws concerning false stateme nts . Any failure to comp ly with th is ord ina nc e and cre ate a mat erial b reach of con tract may resul t in a determ ination ot' an irre sponsib le Offero r and barred from participati ng in C ity work for a period of t ime not les s than one (1) yea r. Auth orized S ignature P ri nted Si g nature · rct S ~CCOUV 1'~ tX(e,unue.,; Title Cont act Name /Title (if differe nt) ·21 LJ /7 0:1 · &t-1 1.vo Telepho~e and/or Fax Compa ny Name Lc :is1ie, e, 0rDat S® ·\Gl. CaYr\ E-ma il Address '-../ 1 1 1f do i · Dat e 3v2J We5t tW ))r Ad d ress City/State/Zip o """ i;nn1n1: FORT WORTH ---. ~ a a City of Fort Worth Good Faith Effort Form ATIACHMENT 1C · Page 1 of 3 P RI ME COM P ANY N AM E: Ch eck app licab l e b lock t o descri be ___ J~o~n~rt ~~u==--'-1 _s -----;• I M/W/DBE I PROJECT NAME: PrVfec I I 13 BID DAT E le, 2 If you have fa i led to secure M/WBE participation and y o u have subc ontractin g an d/or s up pl ie r o pportun it ies or if y our DBE participati on is less than the City's project goal , you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirery,ent absent proof of fraud , intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder: Failure to complete this form, in its entirety with supporting documentation , and received by the Managing Department on or before 5 :00 p.m. five (5) City business days after bid opening , exclus i ve of bid opening date, will result in the bid being considered non-responsive to bid specifications .. 1.) Please list each and every subcontracting and/or supplier opportunity} for the completion of this project, regardless of whether it is to be provided by a M/WBE or non~M/WBE. {DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2 nd tier. . (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Erect ('j t e .. \ £ \ ec-\-l <Ct\ \ _ Fj bee Oot ·t-c. f;o:b\e_.-· .. ,._,_,. _____ 1 _ __....L-=o _,,_:v 0,:__· ----'Vo tt-a,~f., SerJ~,, t{v1 Lot.~ ~Jt 'Lqe Secur'1 -h..i r~et\t00~\< eqo Ip rn?xrr 1 t\)P:~h .. .,.,nt \c 1·11+ea ratnr ' .:: ~-1 -U - . .~ '} (. >----------------------------------------------1 Rev . 05/30 /03 ATTACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppl iers from the City's M/WBE Office. ~Yes __ V _ INo Date of Listing __ / ___ / 3 .) Did you solicit bids from M/WBE firms , within the subcontracti n g and/or supplier areas previously listed, at least ten cale ndar days prior to bid opening by mail , exdusi ve of the day the b i ds are opened? , ,. . . . ---;""Yes (If y es , attac h Ml'NB E mail l i sti n g t o include n ame of fi rm and a ddress and a da t ed c opy of letter m ai led .} vJG /;o(.i ,CtT"i:'...t> . OL)f2 . ow ,-J t-1/W ~'i:. SuBLOt,.fD<ACr~RS ----\,L-No 4.) Did yoiJ solicit bids from M/WBE firms, w ithin the subcontracting and/or supplier areas previously listed , at least ten calendar days prior to bid opening by telephone , exclusive of the day the bids are opened? __Jes ~No (If yes , attach l ist t o Include n am e of M /WB E firm , per s on co n tac ted , phone num be r and d ate an d time of c o ntact.) NOTE: A facsimile may be used to comply with ei ther 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed . NOTE : If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is t en (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of _plans and specifications in order to assist the M/WBEs? _V_Yes __ No 6 .) Submit documentation if M/WBE quotes w ere rejected . Th e documentation submitted .should be in the forms of an affidavit, inciude a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder w ishes to be cons i dered by the City. In the event of a bona fide dispute concerning quotes , the bidder will provide for confidential in -c amera access to and inspection of any relevant docum entation by C ity personnel. · · · . ~o Q OC>~S vf~€ t<..£uc.LT4c-.b (Please us e additional s h eets, if neces s arv, and attach .) Com p a ny Name Telephone Contact Person S cope of W ork. Reason for Reje c tion tJ/ A rJ/A tv( A N/A /.J / A- Rev. 05130103 ATIACHMENT 1C . Page 3 of 3 ADDITIONAL INFORMATION : Please provide additional information you feel will further expla i n your good and honest efforts to obtain M/WBE parti cipation on this project The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal , State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith . It is understood that any M/WBE(s) listed in Attachment 1 C will be contacted and the reasons for not using them will be verified by the ity's M/WBE Office. ~s 'f-9:1s11~ &.15cc.s Printed Signat ure T itl e Contact Name an d T it le (if d ifferent) J D'A-V\_SCV\ C 0!:\±19 l S 2 , '-1. ·1. O q . (oy L:, ~ Company Name P h one N umber Fa x Number City/State/Z i p Date Re v. 05 /3 0/03 I. II. Ill. IV. V. VI. ATTACHMENT 1 TABLE OF CONTENTS Subject DEFINITIONS ...................................................................... . PURPOSE .......................................................................... . CERTIFICATION .................................................................. . PROGRAM GOAL SETTING APPLICABLE CONTRACTS Page No. 1 4 4 4 1. CONSTRUCTION . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 M/WBE UTILIZATION REQUIREMENTS COUNTING PARTICIPATION PAYMENTS RETAINAGE 2. PROFESSIONAL SERVICES M/WBE UTILIZATION REQUIREMENTS COUNTING PARTICIPATION PAYMENTS 8 3. PURCHASES . ... .... .. ... .... .. .... ... .. . .. ... . .. ... . .. . .. . . . ... . .. ... . .... ... .. .. 10 M/WBE UTILIZATION REQUIREMENTS COUNTING PARTICIPATION PAYMENTS BEST VALUE CRITERIA POST AWARD COMPLIANCE 13 VII. CONTRACT MONITORING AND REPORTING .............................. 15 VIII. EXCEPTIONS AND WAIVERS . . .. . ...... .. . . .. .. . ... .. . .. ... ... . .. . ..... ... .. . ... 16 IX. PROGRAM ADMINISTRATION ..... ... ..... ...... ... . .. . .. . . .. .. ...... .. . .. . ..... 16 X. SANCTIONS . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... .. . . . . . . . ... 18 XI. SEVERABILITY ........................................................................ 19 Minority and Women Bus iness En terp ri se Ord inan c e Attachment 1 ATTACHMENT I I. DEFINITIONS: 1. Applicable Contract means any contract of $25 ,000 or more for construction projects and professional services and $25 ,000 or more for purchase agreements , as well as any other contracts that the City Counc il or City Manager deem appropriate . 2. Certified means those firms , located or doing business at the time of bid/proposal opening within the Marketplace , that have been determined to be a bonafide minority or women business enterprise by either the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TxDOT), highway division . 3. City means the City of Fort Worth , Texas . 4 4 . City business day means Monday through Friday , inclusive , excluding legal holidays . Legal holidays shall be observed as prescribed by the City Council for observance as follows : New Year's Day M. L. King , Jr. Birthday Memorial Day Independence Day Labor Day Thanksgiving Day Thanksg iving Friday Christmas Day January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 When one of the above named holidays falls on a Saturday , the hol iday shall be observed on the preceding Friday . When one of the above named holidays falls on a Sunday , the holiday shall be observed on the following Monday . 5. Combined Projects means a construction contract , which includes paving and/or drainage elements of construction and water and/or san itary sewer construction elements , but does not include a standard water and/or sanitary sewer contract where the pavement is temporarily or permanently repaired and that repair is not a separate unit. 6. Construction means the erection , rehabilitation , alteration , conversion , extension , demolition, improvement, remodeling or repair to any real property , including streets , storm drains and facilities providing utility service owned by the City . 7. Contract means a binding agreement whereby the City either grants a privilege or is committed to expend or does expend its funds or other resources for or in connection with a) construction of any public improvement, and b) purchase of any services (including professional services). The term includes "purchase order". 8. Contract Officer means the person employed by the City to oversee the performance of the contract. 9. Contracting Department means the department responsible for payment of contract obligations . 10 . Contractor means the business entity with whom the City has entered into an agreement. Includes the terms "Vendor", "Prime Contractor" and "Prime Consultant". 11 . Goal means the percentage of minority business enterprise and/or women business enterprise participation on an applicable project as determined by the City , based on the availability of such businesses in the marketplace and the subcontracting/supplier opportunities of the project. Minority and Women Business Enterprise Ordinance Attachment 1 12 . Good Faith Effort means an honest and conscientious effort by the Offeror to meet the City 's goal for M/WBE participation . Compliance with each of the following steps shall satisfy the Good Faith Effort requirement absent proof of fraud , misrepresentation , or intentional discrimination by the Offeror: 12 .1. List each and every subcontracting and/or supplier opportunity for the completion of this project. On combined projects list each subcontracting and/or supplying opportunity through the 2nd tier. 12 .2. Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office . 12 .3. Solicit bids from M/WBEs , within the subcontracting and/or supplier areas previously listed , at least ten calendar days prior to bid opening by mail , exclusive of the day the bids are opened . 12.4 . Solicit bids from M/WBEs , within the subcontracting and/or supplier areas previously listed , at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened . Note: A facsimile may be used to comply with either 12 .3 or 12.4 , but may not be used for both . Note : If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten or less , the Contractor must contact the entire list within such area of opportunity to be in compliance with 12 .3 and 12.4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten or more , the Contractor must contact at least two -thirds of the list with in such area of opportunity, but not less than ten, to be in compl iance with 12 .3 and 12.4. 12 .5. Provide plans and specifications or information regarding the location of plans and specification to M/WBEs . 12 .6. Submit documentation if M/WBE quotes were rejected . The documentation submitted should be in the form of an affidavit , include a detailed explanation of why the M/WBE was rejected and any supporting documentation the Offeror wishes to be considered by the City In the event of a bona fide dispute concerning quotes , the Offeror will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. 13 . Horizontal Construction means construction of highways, roads , streets , bridges, utilit ies , water supply projects , water plans , wastewater plants , water and wastewater distribution or conveyance facilities , wharves , docks, airport runways and taxiways , drainage projects, or related types of projects associated with civil engineering construction as referenced in this ordinance. 14 . Joint Venture means an association of two or more businesses , one of which must be a certified M/WBE firm . The M/WBE firm must be responsible for a clearly defined portion of the work to be performed, equal to a share in the ownership, control , knowledge , management, responsibility , risks , and profits of the joint venture . 15 . Lease Agreement means a written agreement to transfer control and use of truck(s) from one business entity to another, which outlines fees and/or commissions . 16 . Lease Trucks means trucks that are leased from another M/WBE firm , including M/WBE owner-operators. Trucks leased from non-M/WBE firms will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. 17 . Manager means the administrator of the M/WBE Office of the City of Fort Worth . 18 . Managing Department means the department responsible for overseeing the day-to-day completion of the contract. 19 . Manufacturer means one that manufactures a product by hand or mach inery suitable for uses ; the process of making wares . 20. Marketplace means the geographic market area as defined in the Availability and Disparity Study represented by the counties of Tarrant , Parker, Johnson , Collin, Dallas , Denton , Ellis, Kaufman and Rockwall. 2 Minority and Women Business Enterprise Ordinan c e Attachment 1 21 . Minority means a citizen of the United States or lawfully admitted permanent resident that is Asian American , American Indian , Black or Hispanic . 22 . Minority Business Enterprise is defined as a qualified bus iness concern located in the Marketplace or providing proof of doing business in the Marketplace at the time of bid opening or the opening of responses to requests for proposals , meeting the following criteria : a . is at least 51 percent owned by one or more minority pe rsons , or , in the case of any publicly owned business , at least 51 pe rcent of the stock is owned by one or more minority persons ; and b. management and daily business operations are controlled by one or more minority persons who own it. 23 . MWBEAC means the Minority and Women Business Enterprise Advisory Committee appointed by the City Counc il to review the findings ()f Availability and Disparity Studies conducted for the City and present recommendations , in concurrence with the City Manager, on any amendments to the M/WBE Ordinance . 24 . Mediation means an alternate dispute resolution method as authorized by the state law 25 . Nepotism means the state or fact of showing favoritism to a relative on the basis of a relationship . 26 . Non-compliance means failure of a prime contractor to comply with the Ordinance 's requirements during the contract and/or at completion of the contract. 27 . Non-responsive means failure of an Offeror to respond to the Ordinance 's requirements upon submission of a bid or proposal ; herein specifically defined by either 1) meet or exceed the stated project goal , or 2) make a good and honest faith effort to meet the project goal or 3) submit the prime contractor waiver or 4) submit the joint venture form . 28 . Offeror means any person, firm, corporation , or partnership that submits a bid or proposal to provide labor, goods or services to the City where funds are expended. The term includes bidder and proposer. 29 . Payment Dispute means a bonafide disagreement of payment. 30 . Procurement means the buying , renting , leasing or otherwise obtaining or acquiring any supplies , materials , equipment or services . 31 . Professional Services means services , which require predominantly mental or intellectual labor and skills , includes , but is not necessarily limited to , architects , engineers , surveyors , doctors , attorneys, and accountants . 32 . Project Manager see Contract Officer. 33 . Purchasing means the buying , renting, leasing or otherwise obtain i ng or acquiring any supplies , materials , equipment or services excluding construction and professional services previously defined . 34 . Qualified means an individual or business entity having prev iously performed or received training in the work , industry or profess ion required . 35 . Regular Dealer is defined as a firm that owns , operates , or maintains a store, a warehouse , or other establishments in which the materials or supplies required for the contract are bought , kept in stock, and are regularly sold retail or wholesale . 36. Subcontract means an agreement between the contractor and another business entity for the performance of work . 37 . Subcontract/Supplier Opportunity means an area where there is more than one M/WBE subcontractor/subconsultant/supplier in the market place . 3 Minority and Women Business Enterprise Ordinance Attachment 1 38 . Tier means the level of subcontracting below the prime contractor/consultant, i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier. 39 . Vertical Construction means construct ion of a facility . Facility means buildings the design and construction of which are governed by accepted building codes . The term does not include: (A) highways , roads , streets , bridges , utilities , water supply projects , water plans , wastewater plants , water and wastewater distribution or conveyance facilities , wharves , docks , airport runways and taxiways , drainage projects , or related types of projects associated with civil engineering construction or (B) builds or structures that are incidental to projects that are primarily civil engineering construction projects. 40 . Women Business Enterprise is defined as a qualified business concern located in the Marketplace or provide proof of doing business in the Marketplace at the time of bid opening or the opening of responses to requests for proposals , meeting the following criteria : a . is at least 51 percent owned by one or more women, or, in the case of any publicly owned business , at least 51 percent of the stock is owned by one or more women ; and b. management and daily business operations are controlled by one or more women who own it. II. PURPOSE: The ultimate goal of this ordinance is to remedy the effects of past underutilization in the Marketplace by increasing the utilization of minority and women business enterprises above the present low level to one more comparable to their availabi lity in the Fort Worth Marketplace . Specific goals shall be established in the areas of construction , professional services , and purchases of other goods and services . A goal may be set on individual projects based on the type of work or services to be performed , or goods to be acqu ired and the availability of minority and women businesses in the City's Marketplace. The City Manager shall recommend an annual goal for M/WBE participation in City procurement activities, based upon the availability within the Marketplace . The provisions of this ordinance shall apply to all contracts awarded by the City, except as may be hereafter specifically exempted . Where contracts involve the expenditure of federal or state funds , the state or federal policy related to M/WBE or DBE participation may take precedence over this ordinance . Award of a contract shall be recommended when the Offeror has complied with the requirements of this ordinance via meeting the goal , demonstrating a Good Faith Effort to meet the goal or meeting the requirements for a Prime Contractor Waiver. Failure to comply with the Ordinance by any of the required methods shall result in an Offeror being deemed non-responsive . Ill. CERTIFICATION: The City will recognize M/WBE firms that are certified by the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TX DOT), highway division . The firms shall be located in or doing business in the Marketplace at the time of bid/proposal opening. IV. PROGRAM GOAL: A. A Citywide goal for the utilization of minority business enterprises (MBE) and women business enterprises (WBE) shall be reviewed and approved annually by the City Council. 1. The City Manager shall conduct an analysis of the availability of M/WBEs and present to the City Council an annual report on M/WBE availability and utilization by the end of the first quarter of the new fiscal year. 4 Minority and Women Bus iness Enterprise Ordinance Attachment 1 2. Based on the availability of M/WBEs in the Marketplace and the City's most recent goal attainment and with the advice and counsel of the , the City Manager shall recommend to the City Council a reasonable goal for the remainder of the current fiscal year . 3. The goal shall be expressed in terms of a percentage of the total dollar value of all applicable contracts awarded by the City . Goals shall be established separately for categories of construction, professional services, and purchasing , as well as , any other categories that the City Council or City Manager deems appropriate. B. An individual project goal shall be set by the M/WBE Office in collaboration with the Contract Officer and Risk Management (where appropriate) prior to solicitation . The project goal shall be reasonable and shall be based upon : 1. Specific subcontracting and/or materials opportunities required to complete the project, and 2 . The availability of M/WBE in the identified subcontracting and/or materials opportunities in the Marketplace . V. APPLICABLE CONTRACTS: A. CONSTRUCTION PROJECTS 1 . M/WBE UTILIZATION REQUIREMENTS a. In addition to the requirements set forth elsewhere , bid conditions shall include a statement of the M/WBE goal established for the project. The requirements below also apply to circumstances where change orders or extra work give rise to new trade or vendor opportunities outside the original scope of work .. b. Bid conditions and all other specifications for applicable contracts to be awarded by the City shall require that Offerors make a good faith effort (GFE) to subcontract with or purchase supplies from M/WBE firms. Such specifications shall require the Offeror to meet or exceed the stated goal or submit documentation of GFE for all applicable contracts to permit a determination of compl iance with the specifications . c. Construction contracts (estimated cost of $25 ,000 or more) shall be awarded and administered in accordance with the following standards and procedures : 01 . Competitive bids for applicable contracts shall include the M/WBE requirements and documentation in the bid specifications . M/WBE documentation consists of the SPECIAL INSTRUCTIONS TO BIDDERS, the SUBCONTRACTOR UTILIZATION FORM, the PRIME CONTRACTOR WAIVER FORM, the GOOD FAITH EFFORT FORM, and the JOINT VENTURE FORM . a) Competit ive bids where the Offeror equals or exceeds the project goal must submit the SUBCONTRACTOR UTILIZATION FORM or the JOINT VENTURE FORM . b) Competitive bids where the Offeror does not have subcontracting and/or supplier opportunities must submit the PRIME CONTRACTOR WAIVER FORM . c) Competitive bids where the Offeror has subcontracting and/or supplier opportunities but does not include M/WBE participation in an amount which equals or exceeds the project goal , must submit the SUBCONTRACTOR UTILIZATION FORM and the GOOD FAITH EFFORT FORM (GFE) and documentation . d) Competitive b ids where the Offeror has subcontracting and/or supplier opportunities but do not include any M/WBE participation must submit the SUBCONTRACTOR UTILIZATION FORM and the GOOD FAITH EFFORT FORM and documentation . 5 Minority and Women Business Enterprise Ordinance Attachment 1 02 . The Offeror shall submit the SUBCONTRACTOR UTILIZATION FORM and/or the GOOD FAITH EFFORT FORM or the PRIME CONTRACTOR WAIVER FORM, or the JOINT VENTURE FORM ("and documentation") as appropriate . The Managing Department must receive the documentation no later than 5:00 p.m., five (5) City business days after the bid opening date , exclusive of the bid opening date . The Offeror shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made . Such receipt shall be evidence that the City received the documentation . The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid . Failure to comply with the bid specifications, inclusive of the M/WBE requirements and documentation , shall render the Offerer non-responsive . 03 . The GFE documentation shall demonstrate the Offeror's commitment and honest efforts to utilize M/WBE(s). The burden of preparing and submitting the GFE information is on the Offerer and will be evaluated as part of the responsiveness to the bid/proposal. An Offeror who intentionally and/or knowingly misrepresents facts on the documentation submitted will constitute a basis for classification as non-responsive and possible debarment. 04. The contracting department may request the M/WBE Office to waive the goal requirements of this subsection , or to reduce the amount of the goal , in accordance with the provisions of the Exceptions and Waivers section . 2. COUNTING M/WBE PARTICIPATION M/WBE participation shall be counted toward meeting the goal in accordance with the following provisions : a. For the purpose of determining compliance with the goal requirements established in this ordinance , businesses will be counted as M/WBE only when they have been certified as such prior to a recommendation for award being made to the City Council. 01 . Any business listed by an Offeror that is not certified at the time of bid opening must file an application for certification to a city authorized certification agency within a reasonable time for the City to consider the business and dollar amount towards meeting the goal. 02 . If a business described in the subparagraph immed iately above fails to submit an application for certification within a reasonable time , or if the business is denied certification , the Offeror shall be afforded five (5) City business days to secure add itional certified/certifiable M/WBE participation, starting the next City business day following the day the written notification was received from the Managing Department. 03 . Evidence of the additional certified/certifiable M/WBE participation shall be delivered to and received by the Managing Department within five (5) City business days after the notification was received by the Offerer, exclusive of the date that the notification was received . b. Except as provided for in paragraph C below , if the Offerer is ruled non-responsive te for failure to comply with the requirements of this ordinance, the Managing Department w ill provide written notification to the Offerer stating the specific basis for the ruling . The Offeror may then submit documentation that it will either meet or exceed the stated goal and if the documentation satisfies this ordinance, the Offerer may then be considered for an award of contract. c. If the Offeror is ruled non-responsive solely for its failure to identify a subcontract/supplier opportunity and that opportun ity is less than three (3%) percent of the total bid , the Offerer may submit documentation that an M/WBE will be utilized for that subcontract/supplier opportunity, and may be considered for an award of contract. d. Documentation required under either paragraph 2 or 3 above must be received by the Managing Department within five (5) City business days , exclusive of the date that the Offeror was notified that it was non-responsive. If the documentation is not rece ived within the stated time , the Offeror shall be deemed to have withdrawn its bid . The City will not communicate with another Offeror regarding award of the contract until five (5) City business days after the original Offerer has been notified that it is non-responsive . 6 Minority and Women Business Enterprise Ordinance Attachment 1 e. The Offeror may count toward the goal any tier of M/WBE subcontractors and/or suppliers f. The Offeror will be given credit toward the goal only when the M/WBE subcontractor performs a commercially useful function . A M/WBE subcontractor is considered to have performed a commercially useful function when. 01 . It is responsible for the execution of a d ist inct element of the work by actually performing , managing and supervising the work involved in accordance with normal business practice ; and 02 . When the firm receives due compensation as agreed upon for the work performed. g. The Offeror will be given credit toward the M/WBE goal only when the M/WBE supplier performs a commercially useful function . A M/WBE supplier is considered to have performed a commercially useful function when the M/WBE supplier is a manufacturer or a regular dealer. h. The Offeror will be given credit for utilizing a M/WBE hauling firm as long as the M/WBE owns and operates at least one fully licensed and operational truck used on the contract. The M/WBE may lease trucks from another M/WBE firm , including M/WBE owner-operators and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs , including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. i. Regardless of whether an arrangement between the contractor and the M/WBE represents standard industry practice, if the arrangement erodes the ownership , control or independence of the M/WBE or does not meet the commercially useful function requirement , the Offeror shall receive no credit toward the goal. j . An Offeror may count toward its goal a portion of the total dollar value of a contract with a joint venture equal to the percentage of M/WBE participation in the joint venture . 01. The Managing Department must receive the documentation no later than 5:00 p.m ., five (5) City business days after the bid opening date , exclusive of the bid opening date. The Offeror shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made . Such receipt shall be evidence that the City received the documentation . The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid . Failure to comply with the bid specifications , inclusive of the M/WBE requirements and documentation, shall render the Offeror non-responsive. 02 . The M/WBE involved in the joint venture must be responsible for a clearly defined portion of the work to be performed , equal to a share in the ownership, control, knowledge , management, responsibility, risks , and profits of the joint venture . k. Except for joint ventures, the prime contractor (regardless of their M/WBE status) and any work performed by the prime contractor is not counted toward meeting the M/WBE contract goal and is not considered when determining compliance with this ordinance . I. An Offeror may not count toward its goal any arrangement with an M/WBE that is nepotism or where a M/WBE has been a recent employee (less than one year) of the Offeror. m. The Offeror may not count toward the goal any agreement with a M/WBE that does not meet the requirements of this ordinance . 3. PAYMENTS The City Manager shall implement procedures to comply with the following : 7 Minority and Women Business Enterprise Ordinance Attachment 1 a. For vertical const ruction contracts, procedures will be established to ensure that the prime shall submit an invoice at least monthly and the City will pay the invoice as required by the Texas Prompt Payment Act (Tex . Gov 't. Code , chap . 2251) or any successor statute. The prime shall pay subcontractors as required by the Texas Prompt Payment Act or any successor statute . The prime contractor's failure to make payments as prov ided by state law shall , in addit ion to any other remedies provided by law , authorize the C ity to withho ld future payments and/or reject future bids from the contractor until compliance with this ordinance is attained. b. For horizontal construction contracts , procedures will be estab lished to ensure that all progress payments are made twice a month and that subcontractors are paid in accordance with the prov isions of the Texas Prompt Payment Act or any successor statute . A contractor's failure to make payments as required by state law shall, in addition to any other remed ies provided by state law , authorize the City to withhold future payments and/or reject future bids from the contractor until compliance with this ordinance is attained. c. Whenever there is a dispute over payment due between the prime and subcontractor and/or suppl ier, the City shall strongly encourage the parties to seek med iation before the City takes any action under this ordinance. 4 . RETAINAGE a. If the prime withholds additional monies or a fee in excess of the reta inage amount required by the City , and if there is no dispute about payment to the subcontractor, the prime shall release the additional monies after the completion of the subcontractor's scope of work, or as otherwise required by law , but may retain the requi red retainage monies until project completion, acceptance and final payment by the City . b. Where contracts involve the expenditure of federal or state funds , the state or federal policy related to M/WBE or DBE retainage may take precedence over this ordinance . B. PROFESSIONAL SERVICES 1. M/WBE UTILIZATION REQUIREMENTS a. In addition to the requirements set forth elsewhere , requests for proposals shall include a statement of the M/WBE goal established for the project. The requirements below shall also apply to c ircumstances where amendments or extra work gives rise to new subconsulting/supplier opportunities . b. Requests for proposals and all other specifications for applicable contracts to be awarded by the City shall require that Offeror make a good faith effort (GFE) to sub-consult with or purchase supplies from M/WBE firms . Such specifications shall require the Offeror to meet or exceed the stated goal or submit documentation of GFE for all applicable contracts to permit a determination of compliance with the specifications . c . Professional Services contracts and such other contracts which may be competed for under sealed proposal procedures (estimated cost of $25 ,000 or more) shall be awarded and administered in accordance with the following standards and procedures : 01. Other than responses to Requests for Proposals for those professional services defined in Chapter 2254 of the Texas Government Code , responses to Request for Proposals shall be submitted by the proposal deadline date and include a section , which identifies the particular M/WBE utilization plan in performing the contract. a) The proposal shall specify the estimated percentage of the M/WBE participation , the type of work to be performed by the M/WBE, and such other information as may reasonably be required to determine the responsiveness to the Request for Proposal. 8 Minority and Women Bus iness Enterprise Ordinance Attachment 1 b) Proposals that do not meet or exceed the util ization goal , as required by the Request for Proposal , must submit a GFE explanation . Failure to include such GFE explanation shall render the proposal non-responsive . 02 . Initial responses to requests for proposals for those professional services defined in Chapter 2254 of the Texas Government Code shall not include a response to the requirements of this ordinance. The City shall comply with the requirements of said Chapter and rank the professional on the basis of demonstrated competence and qualifications. During negotiations , the proposer shall respond to this ordinance in the manner specified in paragraph 01 (a) above . 03. The GFE documentation shall demonstrate the Offerer's commitment and honest efforts to uti lize M/WBEs . The burden of preparing and submitting the GFE information is on the Offerer and will be evaluated as part of the responsiveness to the proposal. An Offerer who intentionally and/or knowingly misrepresents facts on the documentation submitted may be classified as non- responsive and be subject to possible debarment. 04. The contracting department may request the M/WBE Office to waive the goal requirements of this subsection , or to reduce the amount of the goal, in accordance with the provisions of the Exceptions and Waivers section . 2 . COUNTING M/WBE PARTICIPATION M/WBE participation shall be counted toward meeting the goal in accordance w ith the following provisions : a. For the purpose of determining compliance with the goal requirements established in this ordinance, businesses will be counted as M/WBEs only when they have been certified as such prior to a recommendation for award being made to the City Council. 01. Any business listed by an Offerer that is not certified at the time of response opening must file an application for certification to a city authorized certification agency within a reasonable time for the City to consider the business and dollar amount towards meeting the goal. 02 . If a business described in the subparagraph immediately above fails to submit an application for certification within a reasonable time , or if the business is denied certification, the Offerer shall be afforded five (5) City business days to secure additional certified/certifiable M/WBE participation , starting the next City business day following the day the written notification was received from the Managing Department. 03 . Evidence of the additional cert ified/cert ifiable M/WBE participation shall be delivered to and received by the Managing Department with in five (5) City business days after the notification was received by the Offerer, exclusive of the date that the notification was received . b. The Offerer may count toward the goal any tier of M/WBE sub-consultants and/or suppliers. c . The Offerer will be given credit toward the goal only when the M/WBE sub-consultant performs a commercially useful function . A M/WBE sub-consultant is considered to have performed a commercially useful function when: 01. It is responsible for the execution of a distinct element of the work by actually performing , managing and supervising the work involved in accordance with normal business practice ; and 02 . When the firm receives due compensation as agreed upon for the work performed . d. The Offerer will be given credit toward the M/WBE contract goal only when the M/WBE supplier performs a commercially useful function. A M/WBE supplier is considered to have performed a commercially useful function when the M/WBE supplier is a manufacturer or a regular dealer. e. Regardless of whether an arrangement between the consultant and the M/WBE represents standard industry practice , if the arrangement erodes the ownership , control or independence of the M/WBE or 9 Minority and Women Business Enterprise Ordinance Attachment 1 does not meet the commercially useful function requirement , the Offeror shall receive no credit toward the goal. f. An Offeror may count toward its goal a portion of the total dollar value of a contract with a joint venture equal to the percentage of M/WBE participation in the joint venture . 01 . The Joint Venture Form must be submitted to the Managing Department with the proposal when determin ing the responsiveness of the proposal by the M/WBE Office . Failure to comply with the proposal scope of services , inclusive of the M/WBE requirements , shall render the Offeror non- responsive . 02 . The M/WBE involved in the joint venture must be responsible for a clearly defined portion of the work to be performed , equal to a share in the ownership , control , knowledge , management, responsibility , risks , and profits of the joint venture . g. Except for joint ventures , the prime consultant (regardless of their M/WBE status) and any work performed by the prime consultant is not counted toward meeting the M/WBE contract goal and is not considered when determining compliance with this ordinance. h. An Offeror may not count toward its goal any arrangement with an M/WBE that is nepotism or where an M/WBE has been a recent employee (less than one year ) of the Offeror. i. The Offeror may not count toward the goal any agreement with a M/WBE that does not meet the requirements of this ord inance . 3. PAYMENTS The City Manager shall implement procedures to comply with the following : a. The prime shall submit an invoice at least monthly or as designated by the contract documents and the City will pay the invo ice as required by the Texas Prompt Payment Act or any successor statute .. The prime shall pay sub-consultants as required by the Texas Prompt Payment Act or any successor statute A consultant's failure to make payments in accordance with state law shall , in addition to any other remedies provided by law , authorize the City to withhold future payments and/or reject future proposals from the consultant until compliance with this ordinance is attained . b. Whenever there is a dispute over payment due between the prime and sub-consultant and/or supplier, the City shall strongly encourage the parties to seek mediation before the City initiates a stop payment order. C.PURCHASES 1. M/WBE UTILIZATION REQUIREMENTS a. In addition to the requirements set forth elsewhere , bid cond itions shall include a statement of the M/WBE goal established for the project. The requirements below also apply to circumstances where purchase orders or extra work cause new subcontracting/supplier opportunities . b. Bid conditions and all other specifications for applicable contracts to be awarded by the City shall require that Offeror make a good faith effort (GFE) to subcontract with or purchase supplies from M/WBE firms. Such specifications shall require the Offeror to meet or exceed the stated goal or submit documentation of GFE for all applicable con tracts to permit a determination of compliance w ith the specificat ions . c . Purchase contracts and such other contracts which may be competed for under sealed proposal procedures (estimated cost of $25 ,000 or more) shall be awarded and administered in accordance with the following standards and procedures : 10 Minority and Women Business Enterprise Ordinance Attachment 1 01. Competitive bids for applicable contracts shall include the M/WBE requirements and documentation in the bid specifications . M/WBE documentation consists of the SPECIAL INSTRUCTIONS TO BIDDERS, the SUBCONTRACTOR UTILIZATION FORM, the PRIME CONTRACTOR WAIVER FORM, the GOOD FAITH EFFORT FORM, and , the JOINT VENTURE FORM. a) Competitive bids where the Offerer equals or exceeds the project goal must submit the SUBCONTRACTOR UTILIZATION FORM . b) Competitive bids where the Offerer does not have subcontracting and/or supplier opportunities must submit the PRIME CONTRACTOR WAIVER FORM. c) Competitive bids where the Offerer has subcontracting and/or supplier opportunities but does not include M/WBE participation in an amount which equals or exceeds the project goal , must submit the SUBCONTRACTOR UTILIZATION FORM and the GOOD FAITH EFFORT FORM and documentation . d) Competitive bids where the Offerer has subcontracting and/or supplier opportunities but do not include any M/WBE participation must submit the GOOD FAITH EFFORT FORM and documentation . 02 . The Offerer shall submit the SUBCONTRACTOR UTILIZATION FORM and/or the GOOD FAITH EFFORT FORM or the PRIME CONTRACTOR WAIVER FORM, or the JOINT VENTURE FORM ("and documentation") as appropriate . The Managing Department must receive the documentation no later than 5:00 p.m ., five (5) City business days after the bid opening date, exclusive of the bid opening date . The Offerer shall obtain a receipt from the appropriate employee of the managing department to whom del ivery was made . Such receipt shall be evidence that the City received the documentation . The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid . Failure to comply with the bid specifications , inclusive of the M/WBE requirements and documentation , shall render the Offerer non-responsive . 03 . The GFE documentation shall demonstrate the Offerer's commitment and honest efforts to utilize M/WBE(s). The burden of preparing and submitting the GFE information is on the Offerer and will be evaluated as part of the responsiveness to the bid/proposal. An Offerer who intentionally and/or knowingly misrepresents facts on the documentation submitted will constitute a basis for classification as non-responsive and possible debarment. 04 . The contracting department may request the M/WBE Office to waive the goal requ irements of this subsection , or to reduce the amount of the goal, in accordance with the provisions of the Exceptions and Waivers section . 2. COUNTING M/WBE PARTICIPATION M/WBE participat ion shall be counted toward meeting Goal in accordance with the following provisions : a. For the purpose of determining compliance with the goal requirements established in this ordinance , businesses will be counted as M/WBEs only when they have been certified as such prior to a recommendation for award being made to the City Council. 01 . Any business listed by an Offerer that is not certified at the time of bid/response opening must file an application for certification within a reasonable time for the City to consider the bus iness towards meeting the goal. 02 . If a business described in the subparagraph immediately above fails to submit an application for certification within a reasonable time , or if the business is denied certification , the Offerer shall be afforded five (5) City business days to secure additional certified/certifiable M/WBE participation, starting the next City business day following the day the written notification was received from the Managing Department 11 .... Minority and Women Business Enterprise Ordinance Attachment 1 03 . Evidence of the addit ional certified/certifiable M/WBE participation shall be delivered to and received by the Managing Department within five (5) City business days after the notification was received by the Offerer, exclusive of the date that the notification was received . b. Except as provided for in paragraph c below , if the Offerer is ruled non-respons ive for fa ilure to comply with the requirements of this ordinance , the Managing Department will provide written notification to the Offerer stating the specific basis for the ruling . The Offerer may submit documentation that it will either meet or exceed the stated goal , and if the documentation satisfies this ordinance , the Offerer may then be considered for an award of contract. c. If the Offerer is ruled non-responsive solely for its failure to identify a subcontract/supplie r opportunity and that opportunity is less than three (3%) percent of the total bid , the Offerer may submit documentation that an M/WBE will be utilized for that subcontract/supplier opportunity , and may be considered for an award of contract. d. Documentation required under either paragraph b or c above must be rece ived by the Managing Department within five (5) City business days , exclusive of the date that the Offerer was notified that it was non-responsive. If the documentation is not received within the stated time , the Offerer shall be deemed to have withdrawn its bid . The City will not communicate with another Offerer regarding award of the contract until five (5) City business days after the original Offerer has been notified that it is non-responsive. e. The Offerer may count toward the goal any tier of M/WBE subcontractors and/or suppliers . It is the sole responsibility of the Offerer to report and document all subcontracting and/or supplier participation dollars counted towards the goal , irrespective of tier level. Failure to submit documentation as required in this subparagraph, shall entitle the City to withhold payments and/or reject future purchas ing orders until compliance is attained . f. The Offerer will be given credit toward the goal only when the M/WBE subcontractor performs a commercially useful function . A M/WBE subcontractor is considered to have performed a commercially useful function when : 01 . It is responsible for the execution of a distinct element of the work by actually performing , managing and supervis ing the work involved in accordance with normal business practice ; and 02. When the firm receives due compensation as agreed upon for the work performed . g. The Offerer will be given credit toward the M/WBE contract goal only when the M/WBE supplier performs a commercially useful function . A M/WBE supplier is considered to have performed a commercially useful function when the M/WBE supplier is a manufacturer or a regular dealer. h. The Offerer will be given credit for utilizing a M/WBE hauling firm as long as the M/WBE own and operate at least one fully licensed , insured and operational . truck used on the contract. The M/WBE may lease trucks from another M/WBE firm , includ ing M/WBE owner-operators and receive 100% M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. i. Regardless of whether an arrangement between the contractor and the M/WBE represents standard industry practice , if the arrangement erodes the ownership , control or independence of the M/WBE or does not meet the commerc ially useful function requ irement , the Offerer shall receive no cred it toward the goal. j . An Offerer may count toward its goal a portion of the total dollar value of a contract with a joint venture equal to the percentage of M/WBE participation in the joint venture . 01 . The Managing Department must receive the Joint Venture form from the Offerer within five (5) City business days after the date of bid opening , exclusive of the day of the bid opening , for certification by the M/WBE Office . 12 Minority and Women Business Enterprise Ordinance Attachment 1 02. The M/WBE involved in the joint venture must be responsible for a clearly defined portion of the work to be performed , equal to a share in the ownership , control , knowledge , management, responsibility , risks , and profits of the joint venture . k. Except for joint ventures , the prime contractor (regardless of their M/WBE status) and any work performed by the prime contractor is not counted toward meeting the M/WBE contract goal and is not cons idered when determining compliance with this ordinance. I. An Offeror may not count toward its goal any arrangement w ith an M/WBE that is nepotism or where an M/WBE has been a recent employee (less than one year) of the Offeror. m . The Offeror may not count toward the goal any agreement with an M/WBE that does not meet the requirements of this ordinance . 3 . PAYMENTS The City Manager shall implement procedures to comply with the following : a. Establish procedures to ensure that purchase orders for all vendors ' invo ices be paid as required by the Texas Prompt Payment Act or any successor statute and that subcontractors are also paid as required by state law . A vendor's failure to make payments as required by law shall , in addition to any other remedies provided by law, authorize the City to withhold future payments from the vendor until compliance with this ordinance is attained . b. Whenever there is a dispute concerning payment due between the prime and subcontractor and/or supplier, the City shall strongly encourage the parties to seek mediation before the City initiates a stop payment order. 4 . BEST VALUE CRITERIA a . In order to increase M/WBE primes in direct purchases , the City will apply the best value criteria codified in State law (Tex . Local Gov't Code , sec. 252 .043 or any successor statute) to all purchasing activit ies as outlined in the state legislation . b. The City Manager, with the advice and counsel of the MWBEAC in accord with City of Fort Worth Resolution No . 1148 , shall implement procedures the-purchase of goods and services under the formal bid amount to emphasize the inclusion of M/WBEs . VI. POST-AWARD COMPLIANCE: A. In addition to such other requirements as may be set forth elsewhere , the following shall apply to applicable contracts awarded by the City : 1. Contracts shall incorporate this ordinance by reference , and shall provide that the contractor's violation of this ordinance shall constitute a breach of such contract and may result in debarment in accord with the procedures outlined in this ordinance . 2. Following the date and time of bid/proposal opening, any proposed change or deletion in M/WBE participation identified in the bid , proposal or contract shall be reviewed by the M/WBE Office to determine whether such change or deletion is justified in accord with paragraphs 3 and 4 immediately below . Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in this ordinance . 3. Following the date and time of bid/proposal opening , the contractor shall : a. Make no unjustified changes or deletions in its M/WBE participation comm itments submitted with the bid , proposal or during negotiation , without prior submission of the proper documentation for review and approval by the M/WBE Office. 13 ..... Minority and Women Business Enterprise Ordinance Attachment 1 b. Shall submit a detailed explanation of how the requested change or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted , it will affect the final compliance determination . c. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the contractor represented in its bid to the City that it alone would perform the subcontracting/supplier opportunity work, the contractor shall notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with subsections 12 .3 and 12.4 of this Attachment 1, exclusive of the time requirements stated in such subsections ; d. Maintain records reasonably necessary for monitoring their compliance with the provisions of this ordinance ; e. After the first payment and beginning with the second application for payment, submit the required M/WBE Periodic Payment Reports , including copies of M/WBE subcontractor's/subconsultant's/supplier applications for payment/ invoices (as appropriate) and proof of payment documentation , to the M/WBE Office. Add itionally , upon request of the M/WBE Office, the contractor shall submit such other documentation as may be reasonably required to verify proof of payments . Failure to submit these reports and other requested information , if any , as required shall authorize the City to withhold payment and/or reject future bids from the contractor until compliance w ith this ordinance is attained . 4. The contractor shall submit to the M/WBE Office for approval a M/WBE REQUEST FOR APPROVAL OF CHANGE FORM if, during the term of any contract, a contractor wishes to change or delete one or more M/WBE subcontractor(s), subconsultant(s) or supplier(s). a. Within three (3) City business days after receipt by the M/WBE Office, exclusive of the date of receipt, the Request shall be reviewed . The Request shall be approved if the change or deletion is justified . The following shall constitute justification for the requested change or deletion : 01 . A M/WBE's failure to provide workers' compensation insurance evidence as required by state law ; or 02. A M/WBE 's failure to provide evidence of general liability or other insurance under the same or similar terms as contained in the contract documents with limits of coverage no greater than the lower of 1) the limits required of the contractor by the City ; or 2) the limits contained in the contractor's standard subcontract or supply agreements used on other projects of similar size and scope and within the contractor's normal business practice with non-M/WBE subcontractor's/subconsultant's or suppliers ; or 03 . A M/WBE's failure to execute the contractor's standard subcontract form , if entering a subcontract is required by the contractor in its normal course of business , unless such failure is due to: a) A change in the amount of the previously agreed to bid or scope of work ; or b) The contract presented provides for payment once a month or longer and the contractor is receiving payment from the City twice a month ; or c) Any !imitation being placed on the ability of the M/WBE to report violations of this Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of any claim to the contractor's surety company or insurance company . d) Mediation shall be a consideration before the request for change is approved. 04 . A M/WBE defaults in the performance of the executed subcontract. In this event, the contractor shall : 14 Minority and Women Bus iness Enterprise Ordinance Atiachment 1 a) Request bids from all M/WBE subcontractors previously subm itting bids for the work , b) If reasonably practicable , request bids from previously non-bidding M/WBEs , and c) Provide to the M/WBE office documentation of compliance with (a) and (b) above . 05 . Any other reason found to be acceptable by the M/WBE Office in its sole discretion . NOTE: The contractor shall submit such documentation as may reasonably be requested by the M/WBE Office to support the contractor's request. The time between the request by the M/WBE Office for additional documentation and the delivery of such documentation shall not be included within the time period that the M/WBE Office is required to respond as stated in subparagraph (a) above. b. If the M/WBE Office approves the deletion of a M/WBE and replacement by a non-M/WBE , such approval shall constitute a post award waiver to the extent of the value of the deleted subcontract. c . If the M/WBE Office denies the request for change or deletion , the contractor may appeal the denial to the City Manager whose decision will be final. 5. Whenever contract amendments , change orders , purchase orders or extra work orders are made individually or in the aggregate , the contractor shall comply with the provisions of this ordinance with respect to the alternates , amendments, change orders , or extra work orders . a. If the amendment, change order, purchase order or extra work affects the subcontract of a M/WBE, such M/WBE shall be given the opportunity to perform such amendment, change order, purchase order or extra work . b. If the amendment, . change order , purchase order or extra work is or is not covered by any subcontractor performing like or similar work, and the amount of such amendment, change order , purchase order or extra work is $50 ,000 .00 or more, of the original contract amount, the contractor shall comply with Article 1, subsections 12 .3 and 12.4 of this Attachment 1 (exclusive of the time requirements stated therein) with respect to such amendment, change order purchase order or extra work . 6. If the contractor/consultant in its bid/proposal included any second or lower tier subcontractor/subconsultanUsupplier towards meeting the goal, it is the sole responsibility of the Offeror to report and document all subcontracting/subconsulting and/or supplier part icipation dollars counted towards the goal, irrespective of tier level. Failure to comply w ith the City 's request to prov ide the requ ired documentation shall entitle the City to withhold payments and/or to reject future bids/proposals from the Offeror until compliance with this ordinance is attained . 7. Upon completion of the contract and within ten (10) City business days after receipt of final payment from the City, exclusive of the date the contractor receives payment , the contractor shall provide the M/WBE Office with the M/WBE FINAL SUMMARY PAYMENT REPORT FORM to reflect the final partic ipation of each subcontractor/subconsultant and/or supplier (includ ing non-M/WBEs) used on the project. Failure to comply with the City 's request to provide the required documentation shall entitle the City to reject future bids from the contractor until compliance with this ordinance is attained . 8. In the event a contractor is in non-compliance and is a subcontractor/subconsultant on a new quote; the contractor will be required to comply with this ordinance prior to a recommendation for award being made to the City Council. VII. CONTRACT MONITORING, AND REPORTING: 15 Minority and Women Business Enterprise Ordinance Attachment 1 A. The M/WBE Office shall monitor compliance with these requ irements during the term of the contract. If it is determined that there is cause to believe that a contractor or subcontractor has failed to comply with any of the requirements of this ordinance, or the contract provisions pertaining to M/WBE utilization , the M/WBE Office shall notify the contracting department and the contractor. The M/WBE Office shall attempt to resolve the non- compliance through conciliation . If the non-compliance cannot be resolved , the Manager and the contracting department shall submit written recommendations to the City Manager or designee , and if the City Manager concurs with the findings , sanctions shall be imposed as stated in ordinance . B. Whenever the M/WBE Office finds , after investigation, that a contracting department has failed to comply with the provisions of this ordinance , a written finding spec ifying the nature of the non-compliance shall be transmitted to the contracting department, and the M/WBE Office shall attempt to resolve any non-compliance through conference and conciliation . Should such attempt fa il to resolve the non-compliance , the Manager shall transmit a copy of the findings of non-compliance, with a statement that conciliation was attempted and failed , to the City Manager who shall take appropriate action to secure compliance . C. The M/WBE Office may require such reports, information, and documentation from contractors, Offerers, contracting agencies , and the head of any department, division , or office of the City of Fort Worth , as are reasonably necessary to determine compliance with the requirements of this ordinance . D. Contracting departments shall maintain accurate records for each contract awarded , including the names of contractors providing quotes , dollar value, the nature of the goods or services to be provided , the name of the contractor awarded the contract, the efforts it employed to solicit quotes from M/WBEs, identifying for each its dollar value , the nature of the goods or services provided, and the name of the subcontractors/suppliers . E. The City Manager, with the advice and counsel of the MWBEAC in accord with City of Fort Worth Resolution No . 1148 , shall submit an annual report to the City Council on the progress of the City toward the utilization goal established by this ordinance, together with an identification of problems and specific recommendations for improving the City's performance. VIII. EXCEPTIONS AND WAIVERS: A. If an Offerer is unable to comply with the M/WBE goal requirements established in the Program Goal section of this ordinance, such Offerer shall submit one of the two forms listed below within the allotted time . 1. A Prime Contractor Waiver Form (Attachment 1 B) is submitted if the Offerer will perform the entire contract without subcontractors or suppliers . 2. A Good Faith Effort Form (Attachment 1 C) is submitted if the Offerer has a subcontract ing and/or supplier opportunity but was unable to meet or exceed the project goal. The Offerer will submit requested documentation that demonstrates a good faith effort to comply with the goal requirements as described in the Program Goal section above . B. A contracting department may request the M/WBE Office to waive or modify the goal requirements for M/WBEs by submitting a Departmental Waiver Form, in writing, prior to solicitation of bids or proposals . The M/WBE Office may grant such a waiver or reduction upon determination that: 1. The reasonable and necessary requirements of the contract render subcontracting or other partic ipation of business other than the Offerer infeasible ; or 2. A public or administrative emergency exists which requires the goods or services to be provided with unusual immediacy; or 3. Lack of sufficient M/WBE subcontracting/subconsulting/suppliers providing the services required by the contract are unavailable in the marketplace of the project , despite attempts to locate them ; or 4 . The applicat ion of the provisions of this ordinance will impose an unwarranted risk on the City or unduly delay acquisition of the goods or services . 16 Minority and Women Business Enterprise Ordinance Attachment 1 C . Whenever the M/WBE Office denies a request to waive a goal ; the contracting department may appeal that denial to the City Manager whose decision on the request shall be final. IX. PROGRAM ADMINISTRATION: A. The City Manager, with the advice and counsel of the MWBEAC in accord with City of Fort Worth Resolution No . 1148 , is authorized to establish and implement the regulations set forth in this ordinance . The M/WBE Office shall be respons ible for the overall administration of the City 's M/WBE Program , and its duties and responsibilities shall include : 1. Recommending rules and regulations to effectuate this ordinance ; 2. Maintain ing a current listing of certified M/WBE firms for distribution internally and externally on contracts; 3. Providing information, outreach (to include workshops, seminars, etc .) and needed assistance to M/WBEs to increase their ability to compete effectively for the award of City contracts ; 4. Investigating alleged violations of this ordinance and making written recommendations to appropriate City authorities for remedial action when appropriate ; 5. Developing ·and distributing all necessary forms , applications , and documents necessary to comply with this ordinance ; 6. Reviewing , on a regular basis , the progress of departments toward achieving the category goals for the utilization of minority and women business enterprises; 7. Making recommendations to appropriate C ity staff regarding methods to further the polic ies and goals of this ordinance; 8. Determining M/WBE compliance on bids and proposals before they are submitted to the City Counc il for award ; 9. Maintaining an accurate contract performance reporting system ; and 10 . Compil ing a report reflecting the progress in attaining the City's annual goal, quarterly and annually . B. It shall be the responsibility of the contracting department to ensure that bids or proposals for the department's projects adhere to the procedures and provisions set forth in this ordinance . 1. The department director or designee shall assume primary responsibility for achieving the goals of this program and shall review , on a continuing basis , all aspects of the program's operations to assure that the purpose is being attained . 2. The contracting department shall take the following action to ensure that M/WBEs have the maximum opportunity to participate on City contracts : a. A written notification shall be sent to minority and women trade associations , contractor's associations , and minority and women chambers of commerce about the availability of formally advertised contracting opportunities no less than 28 days before bids are due ; b. All applicable contract solicitations shall include the requirements contained in this ordinance ; c . All contracting opportunities shall be evaluated in an effort to divide the total requirements of a contract to provide reasonable opportunities for M/WBE ; d. Establish procedures to ensure that all contractors ' invoices are paid on construction , professional services and purchases as follows : 01 . Vertical and horizontal construction shall be paid twice monthly, 17 Minority and Women Business Enterprise Ordinance Attachment 1 02 . Professional Services shall be paid within ten City business days after receipt of and approved invoice and 03 . Purchases shall be paid within ten City business days after receipt of an approved invoice . 04 . Subcontractors shall be paid within five (5) City business days after receipt of payment of the prime contractor by one of the methods stated above. e. Establish guidelines to ensure that a notice to proceed is not issued until signed letters of intent evidencing receipt by the M/WBE or executed agreements with the M/WBE have been submitted along with the project work schedule , if applicable ; f. Ensure that all required statistics and documentation are submitted to the M/WBE Office as requested ; and g. If circumstances prevent the contracting department from meeting the 28-day advertising and notification requirements , the contracting department shall perform extensive outreach to M/WBE associations or other relevant organizations to inform them of the contracting opportunity . X. SANCTIONS: A. The GFE documentation shall demonstrate the Offerer's commitment and honest efforts to utilize M/WBE . The burden of preparing and submitting the GFE information is on the Offerer and will be evaluated as part of the responsiveness to the bid/proposal. An Offeror who intentionally and/or knowingly misrepresents facts in the documentation submitted will be classified as non-responsive and be subject to possible debarment. B. A contractor's failure to make payments within five (5) City business days shall authorize the City to withhold payment from the contractor until compliance with this ordinance is attained . C. Debarment: 1. An Offeror who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible Offeror and barred from participating in City work for a period of time of not less than three (3) years . 2. The failure of an Offerer to comply with this ordinance where such non-compliance constitutes a material breach of contract as stated herein, may result in the Offerer being determined to be an irresponsible Offerer and barred from participating in City work for a period of time of not less than one (1) year. 3. The M/WBE Office will send a written statement of facts and a recommendation for debarment to the City Manager. The City Manager, after consultation with the Department of Law , will make the decision regarding debarment and send a certified notice to the Offerer. 4. An Offeror that receives notification of debarment may appeal to an Appeal Board , hereinafter created, by giving written notice within ten (10) days from the date of receipt of the debarment notice, to the City Manager of its request for appeal. 5. An Appeal Board , consisting of not less than three members appointed by the City Manager with the approval of the City Council , will meet within thirty (30) days from the date of receipt of the request for appeal of debarment, unless Offerer requests an extension of time . The Offerer will be notified of the meeting time and location . 6. The Offeror will be afforded an opportunity to appear with Counsel if they so desire , submit documentary evidence, and confront any witness that the City presents . 7. The Appeal Board will render its decision not more than thirty (30) days of the hearing and send a certified notice to the Offerer. 18 Minority and Women Business Enterprise Ordinance Attachment 1 8. If the Appeal Board upholds the original debarment, the Offeror may appeal to the City Council within ten (10) days from the date of receipt of the Appeal Board's decision by giving written notice to the City Manager. 9. The appeal will be placed on the City Council agenda within thirty (30) days from receipt of written notice , unless Offeror requests an extension in writing . 10. From the date of notification of debarment and during the pendency of any appeal , the City will not consider offers from , award contracts to , renew or otherw ise extend contracts with , or contract directly or ind irectly through subcontracts with the Offeror pending the Appeal Board 's decision . 11 . Any M/WBE subcontractor or supplier who intentionally and/or knowingly misrepresents facts or otherwise violates the provisions of this ordinance may be determined to be irresponsible for a period not to exceed one (1) year, and if deemed irresponsible , such M/WBE shall not be included in calculating an Offeror's responsiveness and barred from bidding on City work . XI. SEVERABILITY: If any provision of this attachment or ordinance , the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction , such invalidity shall not affect the other provisions of any other application of this attachment or ordinance which can be given effect without the invalid provision or application, and to this end, all the provisions of this attachment or ordinance are hereby declared to be severable . 19 PARTC GENERAL CONDITIONS Cl-1 Cl-1.1 Cl-1.2 C 1-1.3 Cl-1.4 C 1-1.5 Cl -1.6 Cl-1.7 Cl-1.8 Cl-1.9 Cl-1.10 Cl-1.11 Cl-1.12 Cl-1.13 Cl -1.14 Cl -1.15 Cl-1.16 Cl-1.17 Cl-1.18 Cl -1.19 Cl-1.20 Cl -1.21 Cl-1.22 Cl-1.23 Cl-1.24 Cl -1.25 Cl-1.26 Cl-1.27 Cl-1.28 Cl-1.29 Cl -1.30 Cl-1.31 Cl-1.32 PART C-GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS' DEFINITIONS Cl-1 (1) Definition of Terms Cl-1 (1) Contract Documents Cl-1 (2) Notice to Bidders Cl -1 (2) Proposal Cl-1 (2) Bidder Cl-1 (2) General Conditions Cl-1 (2) Special Conditions Cl-1 (2) Specifications Cl-1 (2) Bonds Cl -1 (2) Contract Cl-1 (3) Plans Cl-1 (3) City Cl -1 (3) City Council Cl-1 (3) Mayor Cl-1 (3) City Manager Cl-1 (3) City Attorney Cl-1 (3) Director of Public Works Cl-1 (3) Director, City Water Department Cl-1 (3) Engineer Cl-1 (3) Contractor Cl-1 (3) Sureties Cl-1 (4) The Work or Project Cl-1 (4) Working Day Cl -1 (4) Calendar Days Cl-1 (4) Legal Holidays Cl-1 (4) Abbreviations Cl -1 (4) Change Order Cl-1 (5) Paved Streets and Alleys Cl-1 (5) Unpaved Streets or Alleys Cl-1 (6) City Street Cl-1 (6) Roadway . Cl-1 (6) Gravel Street Cl-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 C2 -2.2 C2 -2.3 C2-2.4 Proposal Form Interpretation of Quantities Examination of Contract Documents and Site of Project Submitting of Proposal (1) C2-2 (1) C2-2 (1) C2-2 (2) C2-2 (2) C2-2.5 C2-2.6 C2-2.7 C2-2.8 C2-2.9 C2-2.10 C2-2. l l C2-2.12 C3-3 C3-3. l C3-3 .2 C3-3.3 C3-3.4 C3-3.5 C3-3.6 C3-3.7 C3-3.8 C3-3.9 C-3-3.10 C3-3.ll C3-3.12 C3-3.13 C3-3.14 C3-3.15 C4-4 C4-4. l C4-4.2 C4-4.3 C4-4.4 C4-4.5 C4-4.6 C4-4.7 ~ . ' Rejection of Proposals Bid Security Delivery of Proposal Withdrawing Proposals Telegraphic Modifications of Proposals Public Opening of Proposal Irregular Proposals Disqualification of Bidders AWARD AND EXECUTION OF DOCUMENTS: Consideration of Proposals Minority Business Enterprise/Women Business Enterprise Compliance Equal Employment Provisions Withdrawal of Proposals Award of Contract Return of Proposal Securities Bonds Execution of Contract Failure to Execute Contract Beginning Work Insurance Contractor's Obligations Weekly Payrolls Contractor's Contract Administration Venue SCOPE OF WORK Intent of Contract Documents Special Provisions Increased or Decreased Quantities Alteration of Contract Documents Extra Work Schedule of Operation '. Progress Schedules for Water and Sewer Plant Facilities C5-5 CONTROL OF WORK AND MATERIALS C5-5.l C5-5.2 C5-5.3 C5-5.4 C5-5.5 C5-5.6 C5-5.7 Authority of Engineer Conformity with Plans Coordination of Contract Documents Cooperation of Contractor Emergency and/or Rectification Work Field Office · Construction Stakes (2) C2-2 (3) C2-2 (3) C2-2 (3) C2-2 (3) C2-2 (3) C2-2(4) C2-2(4) C2-2(4) C3-3 (1) C3-3 (1) C3-3 (1) C3-3 (1) C3-3 (2) C3-3 (2) C3-3 (2) C3-3 (3) C3-3 (3) C3-3 (4) C3-3 (4) C3-3 (6) C3-3 (6) C3-3 (6) C3-3 (7) C4-4 (1) C4-4 (1) C4-4 (1) C4-4 (2) C4-4 (2) C4-4 (3) C4-4 (4) C5-5 (1) C5-5 (1) C5-5 (1) C5-5 (2) C5-5 (2) C5-5 (3) C5-5 (3) - C5-5 .8 C5-5.9 C5-5.10 C5-5 . l l C5-5.12 C5-5 .13 C5-5.14 C5-5.15 C5-5.16 C5-5. l 7 C5-5.18 C6-6 C6-6.1 C6-6.2 C6-6.3 C6-6.4 C6-6 .5 C6 -6 .6 C6 -6.7 C6 -6.8 C6-6.9 C6-6.l 0 C6.6.11 C6-6.12 C6-6 .13 C6 -6.14 C6-6 .15 C6-6 .16 C6-6 .17 C6-6.18 C6-6.19 C6 -6 .20 C6-6.21 C7 -7 C7-7 .1 C7-7.2 C7 -7.3 C7-7.4 C7-7.5 C7-7 .6 C7-7.7 C7 -7.8 Authority and Duties of City Inspector Inspection Removal of Defective and Unauthorized Work Substitute Materials or Equipment Samples and Tests of Materials Storage of Materials Existing Structures and Utilities Interruption of Service Mutual Responsibility of Contractors Clean-Up Final Inspection LEGAL RELATIONS AND PUBLIC RESPONSIBILITY Laws to be Observed Permits and Licenses Patented Devices, Materials , and Processes Sanitary Provisions Public Safety and Convenience Privileges f Contractor in Streets , Alleys , and Right-of-Way Railway Crossings Barricades, Warnings and Flagmen Use of Explosives, Drop Weight, Etc . Work Within Easements Independent Contractor Contractor's Responsibility for Damage Claims Contractor 's Claim for Damages Adjustment or Relocation of Public Utilities , Etc. Temporary Sewer and Drain Connections C5-5 (3) C5-5 ( 4) C5-5 ( 4) C5 -5 ( 4) C5 -5 (5) C5-5 (5) C5-5 (5) C5 -5 (6) C5 -5 (7) C5-5 (7) C5-5 (8) C6-6 (1) C6-6 (1) C6-6 (1) C6-6 (1) C6-6 (2) C6-6 (3) C6-6 (3) C6-6 (3) C6 -6 (4) C6-6 (5) C6 -6 (6) C6-6 (6) C6-6 (8) C6 -6 (8) C6 -6 (8) Arrangement and Charges for Water Furnished by the City C6-6 (9) Use of a Section or Portion of the Work Contractor 's Responsibility for the Work No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax PROSECUTION AND PROGRESS Subletting Assignment of Contract Prosecution of The Work Limitation of Operations Character of Workmen and Equipment Work Schedule Time of Commencement and Completion Extension of Time Completion (3) C6 -6 (9) C6-6 (9) C6-6 (9) C6-6 (10) C6-6 (10) C7-7 (1) C7-7 (1) C7-7 (1) C7-7 (2) C7-7(2) C7-7(3) C7-7(3) C7-7(3) C7-7 .9 l)elays ,, C7-7 (4) C7-7 .10 Time of Completion C7-7(4) C7-7.ll Suspension by Court Order C7-7 (5) C7-7.12 Temporary Suspension C7-7 (5) C7-7.13 Termination of Contract due to National Emergency C7-7 (6) C7-7 .14 Suspension or Abandonment of the Work C7-7 (6) •'' " . and Annulment of the Contract: . ' . . -C7-7.15 Fulfillment of Contract C7-7 (8) . ' C7-7.16 Termination for Convenience of the Owner C7-7 (8) > . "'• .. , fo: . C7-7 .17 Safety Methods and Practices " """ .. C7-7 (11) ,• 'i. ; . ~ {· ~ ., . C8-8 MEASUREMENT AND PAYMENT C8 -8 . l Measurement Of Quantities C8-8 (1) "' .... );;,~ C8-8.2 Unit Prices .. C8 -8 (1) C8-8.3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment 'i<' . C8-8 (1) '·\ C8-8 .5 Partial Estimates and Retainage C8 -8 (2) !I' •• ,ft ' ,. ' C8-8 .6 Withholding Payment C8-8 (3) C8-8 .7 Final Acceptance C8-8 (3) C8-8 .8 Final Payment C8 -8 (3) ~ 08-8 .9 Adequacy of Design C8-8 (4) " . ..... ,._ C8-8.10 General Guaranty C8-8 (4) C8-8. l 1 Subsidiary Work C8-8 (4) ,. C8-8 .12 t Miscellaneous Placement of Material C8 -8 (4) ~. C8-8.13 Record Documents C8 -8 (4) ' ... < , " l .. ,. . ' it • v, ' .. . . . .. !C \ ~: ' , . .. ' ' '' (4) PART C-GENERAL CONDITIONS Cl-1 DEFINITIONS SECTION C 1-1 DEFINITIONS Cl -1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used , the intent and meaning shall be understood and interpreted as follows : Cl -1.2 CONTRACT DOCUMENTS: The Contract Documents are in all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc ., which govern the terms and performance of the contract. These are contained on the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS : The General Contract Documents govern all Water Department Projects and Include the following Items PART A -NOTICE TO BIDDERS (Sample) White PART B -PROPOSAL (Sample) · White PART C-GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D -SPECIAL CONDITIONS Green PART E -SPECIFICATIONS El-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F -BONDS (Sample) White PART G -CONTRACT (Sample) White b . SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A -NOTICE TO BIDDERS (Advertisement) same as above PART B -PROPOSAL (Bid) PART C -GENERAL CONDITIONS PART D -SPECIAL CONDITIONS PART E -SPECIFICATIONS PERMITS/EASEMENTS PART F -BONDS PART G -CONTRACT PART H -PLANS (Usually bound separately) Cl -1 (1) 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 th e Contract Documents constitutes the notice to bidders . C 1-1.4 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, 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. Whenever there may be a conflict between the General Conditions and the Special Conditions , the latter shall take precedence .. 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 or part of the Contract Documents which set forth in detail the requirements which must be met by all materials , construction, workmanship , equipment and services in order to render a completed an 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 BONDS: The bond or bonds are the written guarantee or security furnished by the Contractor for prompt and faithful performance of the contract and include the followin g: a. Performance Bond (see paragraph C3-3 .7) b. Payment Bond (see paragraph C3-3.7) c . Maintenance Bond (see paragraph C3-3 .7) d. Proposal or Bid Security (see Special Instructions to Bidders , Part A and C2-2 .6) Cl-1 (2) C 1-1.10 CONTRACT: The Contract is a 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. C 1-1.11 PLANS: The plans are the drawings or reproductions therefrom 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, 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 the other parts of the Contract Documents, but they are 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 the Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The 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. C 1-1.17 DIRECTOR OF PUBLIC WORKS: The officially appointed official of the City of Fort Worth, Texas, referred to in the charter as the City Engineer, or his duly authorized representative. Cl-1.18 DIRECTOR, CITY WATER DEPARTMENT: The officially appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. Cl-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City 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, person's, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of work, acting Cl-1 (3) directly or through a duly authorized representative. A sub-contractor is a person, firm , corporation, supplying labor and materials or only labor , for the work at the site of the project. Cl-1.21 SURETIES: The Corporate bodies which are bound by such bonds as are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C 1-1.22 THE WORK OR 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 day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays , in which weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7 :00 a .m . and 6:00 p.m., with exceptions as permitted in paragraph C7 -7.6 C 1-1 .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 : 1. 2 . 3. 4. 5 . 6 . 7. 8 . 9. New Year's day M.L. King , Jr. Birthday Memorial Day Independence Day Labor Day Thanksgiving Day Thanksgiving Friday Christmas Day Such other days in lieu of holidays as the City Council may determine January 1 , ,' , Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Forth Friday in November December 25 When one of the above 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 as the holiday. Cl-1.26 ABBREVIATIONS : Whenever the abbreviations defined herein appear in the Contract Documents, the intent and meaning shall be as follows : Cl-1 (4) ' AASHTO -American Association of State MGD Million Gallons Highway Transportation Officials per Day ASCE American Society of Civil CFS Cubic Foot per Engineers Second IAW In Accordance With Min. Minimum ASTM American Society of Testing Mono . Monolithic Materials % Percentum AWWA American Water Works R Radius Association I.D. Inside Diameter ASA American Standards Association 0 .0. Outside Diameter HI Hydraulic Institute Elev. Elevation Asph . Asphalt F Fahrenheit Ave. Avenue C Centigrade B lvd . Boulevard In . Inch CI Cast Iron Ft. Foot CL Center Line St. Street GI Galvanized Iron CY Cubic Yard Lin. Linear or Lineal Yd. Yard lb. Pound SY Square yard MH Manhole L.F. Linear Foot Max . Maximum 0.1 . Ductile Iron Cl -1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter 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 surface : 1. Any type of asphaltic concrete with or without separate base material. 2 . Any type of asphalt surface treatment, not including an oiled surface , with or without separate base material. 3 . Brick, with or without separate base material. 4 . Concrete , with or without separate base material. 5. Any combination of the above. Cl-1 (5) Cl-1.29 UNPAVED STREETS OR ALLEYS : An unpaved street, alley, roadway or other surface is any area except those defined for "Paved Streets and Alleys." C 1-1.30 CITY STREET: A city street is defined as that area between the right-of-way lines as the street is dedicated . Cl -1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2 ') 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 an unimproved 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 . Cl-1 (6) SECTION C -GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2 -2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2 . l 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 no more than one (1) year old . In the case that 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 to be received, and such experience must have been 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 Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be 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 (1) 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 will 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. 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, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigation, examinations and tests herein required . Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, on the plan.s 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 work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed 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 of the firm, association, or partnership, or by person duly authorized. If a proposal is submitted by a company or corporation, the company or corporation 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 C2-2 (2) of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2 .5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for , conditional or uncalled for alternate bids , 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. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and 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 1t 1s 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 Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marker with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall , Fort Worth, Texas. . C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration must be made in writing, addressed to the City Manager, and filed with him prior to the time set for 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 TELEGRAHIC MODIFICATIONS 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 signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight ( 48) houts after the proposal opening time, no further consideration will be given to the proposal. C2-2 (3) C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2 -2.11 IRREGULAR PROPOSALS: Proposals shall be considered as "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which can not 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 reasons: 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 financial statement, experience statement, 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 the bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2 (4) PART C -G EN ERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOC UMENTS SECTION C3-3 AWARD AND EXECUTION OF DOC UM ENTS: C3-3.1 CONSIDERATION OF PROPOSALS: Aft er propo sals have been opened and read aloud , the proposals will be tabulated on the basis of the quoted prices , the quantitie s 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 the 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 ward 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 therefor. 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 the Contractor that will substantiate the actual work performed by an MWE 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 of not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinances 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 WITHDRAWAL 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 (1) C 3-3 .5 AWARD 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 as to the responsibility of the proposed awardee. The award of the contract, if award is made , will be to the lowest and best responsive 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 or 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 the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and fa ithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or 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 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 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 payment of all claimants as defined in Article C3-3 (2) d. 5160, Revised Civil Statutes of Texas, 1925 , as amended by House Bill 344, Acts 56th 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 contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. 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 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 the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner, the Contract and such bonds as may be required in the Contract Documents. No Contract shall be binding upon the Owner until it has been attested by the City Secretary, approved as to form and 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 annual 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 C3-3 (3) suffer by reason of such failure on the part of the Awardee and shall thereupon immediately by forfeited to the Owner. The filing of a proposal will be considered as acceptance of this provision by the Bidder. C-3-3.10 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 "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten ( 10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all 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 msurance coverage required herein shall include the coverage of all sub-contractors. a. 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. b. C. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, 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. 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: 1. Contingent Liability (covers General Contractor 's Liability for acts of sub-contractors). C3-3 (4) 2 . 3. 4 . 5 . 6 . Blasting, prior to any blasting being done . Collapse of buildings or structures adjacent to excavation .(if excavation are performed adjacent to same). Damage to underground utilities for $500 ,000. Builder 's risk (where above-ground structures are involved). Contractual Liability ( covers all indemnification requirements of Contract). 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 on account of one accident, and automobile property damage insurance in an amount not less than $100 ,000 . e. f. g . SCOPE OF INSURANCE AND SPECIAL HAZARD: The msurance 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 the amounts and by carriers satisfactory to the Owner. (Sample attached .) 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 . LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and C3-3 (5) performance , payment, maintenance and all such other bonds are 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 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, and 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 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 PAYROLLS: 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 furnished to the Owner 's representative within seven (7) days after the close of each payroll period . A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm , association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities , will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate , or assign this office ( or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or other wise and as such shall be empowered, thus delegated and directed, to settle all material , labor or other expenditure, all claims against work or any other mater associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for the 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 C3-3 (6) appropriately signed and sealed, as applicable , by the Contractor 's responsible office s with the understanding that this written assignment of authority to the local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage . Should the Contractor 's local representative fail to 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 sole discretion , stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be allowed for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas . C3-3 (7) SECTION C4-4 SCOP E OF WORK PART C -GENERAL CONDITIONS C4-4 SCOPE OF WORK C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish , all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents , shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor 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 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 any such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be 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 and as found to be necessary , and the Contractor shall perform the work as altered , increased or decreased at the unit prices . Such increased or decreased quantity shall not be more than twenty-five (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 of 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 party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal ; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in 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. C4-4 (1) 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 to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole . Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents , shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that 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 percent 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 owner by him and used for 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 the 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. C4-4 (2) - \ Should a difference arise as to what does or dose 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 accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days 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. 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 OPERATION: 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 with the time being plotted horizontally and percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of the 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 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 contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Engineer. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. C4-4 (3) 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 guide lines shall be adhered to in prepa ring the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to the time constraints, sequencing requirements and completion time. b. The construction progress shall be divided into activities with time durations of approximately fourteen days (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 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 mm1mum, be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen (14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptance activities and events in their logical sequence for equipment and materials . 1. Preparation and transmittal of submittals 2 . Submittal review periods . C4-4 (4) - 3. Shop fabrication and delivery. 4 . Erection or installation. 5. Transmittal of manufacturer's operation and maintenance instructions. 6. Installed equipment and materials testing. 7 . Owner's operator instruction (if applicable). 8. Final inspection. 9. Operational testing. 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 scheduled 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 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 diligence as will insure its completion within the time specified. C4-4 (5) PART C-GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS 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. The Engineer shall decide all questions which arise as to the quality and acceptability of the materials furnished , work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents , acceptable fulfillment of the Contract, compensation, mutual rights between Contractor and Owner under these 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 , sequence 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 . The Engineer 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 to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and 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 lines , grades , cross-sections, finish, and dimensions shown on the plans or any other requirements other wise 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. CS-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 dimension shall govern over scaled dimensions , plans shall govern over specifications , special conditions shall govern over general conditions and standard specification, 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 C5-5 (1) Contract Documents , and the owner shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents . In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in drawings , specification s, 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. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of 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 possible way . 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 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 the property contiguous to the project routing . The Contractor shall provide all faci lities 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 a working-day basis . Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions , or correction 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 J C5 -5 (2) discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor do es not take po sitive steps to fulfill this written request , or does not shoe just caus e 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 deduct an amount equal to the entire costs for such remedial action, plus 25 %, from any fund s due the Contractor on the project. 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 x 14 feet in floor area, substantially constructed, well heated , air conditioned , lighted , and weather proof, so that documents will not be damaged by the elements. C5-5.7 CONTRUCTION STAKES: The City , through its Engineer , will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted under these Contract Documents , and lines , grades 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 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 d~e the Contractor. C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed , to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents , and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have the authority to reject materials or equipment, and/or to suspend work until the question at issue can be referred to and decided by the Engineer. The City Inspector will not , however , be authorized to revoke , alter, enlarge , or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary tot he requirement s of the CS-5 (3) Contract Documents. The City Inspector 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 of the Contract Documents , provided, however, should the Contractor object to any orders or instructions or the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in Controversy. C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements 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 Work so exposed or examined prove to be unacceptable , the uncovering or removing and 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 EDEFCTIVE 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 this expense. Work done beyond the lines and grades given or as shown on the plans , except as herein specially 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 the 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 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 tot he Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such work. C5-5.l 1 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified , and if Contractor wishes to furnish or use a proposed substitute, he shall , prior to the preconstruction conference, make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequatel y the function called for by the general design, be similar and of equal substance to that specified and be suited to the same use and C5-5 (4) ,. - - 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 written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as· Owner may require which shall be furnished at Contractor 's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employees by either of them from and against the claims , damages , losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5 .12 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 other wise 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 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 materials represented by the samples until 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 same 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 new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction contract shall be stored so as to insure the preservation of quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard , clean durable surfaces and not on the ground , and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5 .14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the plans relative to the existing utilities are based on the best information available. Omission from, the inclusion of utility locations on the Plans is not to be considered as 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 C5-5 (5) 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 of which is not made in these Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor's responsibility to verify locations of the 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 utility companies at least forty-eight ( 48) hours in advance of construction including exploratory excavation if necessary . All verification of utilities and their adjustment shall be considered subsidiary work. CS-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's Distribution Division as to location, time, and schedule of service interruption. 2. Notify each customer personally through responsible personnel as to the time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's door knob. The tag shall be durable in composition, and in large bold letters shall say: ' ; C5-5 (6) -. .... "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 b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate . CS-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through act or neglect on the part of the Contractor, or any other Contractor or any sub-contractor shall suffer loss or damage of 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 damage alleged to have been sustained, the owner will notify the Contractor, who shall indemnify and save harmless the owner against any such claim. CS-5.17 CLEAN-UP : Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the satisfaction of the Engineer. Twenty-four (24) hours after written notice is given 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 the 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 and 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 Contractor for any clean-up required on the project. CS-5 (7) CS-5 .18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final clean-up performed, the Engineer will notify the proper officials of the Owner and request that a Final Inspection be made . Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. CS-5 (8) PART C-GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED:The Contractor 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 or 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 price shall include all royalties or cost arising from patents, trademarks, 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 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 by reason of such infringement at any time during the prosecution of the work or after completion of the work , provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon 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 cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by C6-6(1) the Contractor. All such facilities shall be kept in a clean and sanitary condition , free from objectionable odors so as not to cause a nuis a nce . All sanitary laws and regulations of the State of Texas and the City shall be strictl y complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be placed and used , and the work shall at all times be so conducted , as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely neces sary 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 the property contiguous tot he work area. The Contractor shall make adequa te provisions to render reasonable ingress and egress for normal vehicular traffic , except during actual trenching or pipe installation operations , at all driveway crossings . Such provisions may include bridging, placement or 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 may make arrangements satisfactory to the Engineer for the diversion of traffic , and shall , at his 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 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 its attention, after twenty-four 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 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 any 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 placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings . C6-6(2) The Contractor shall at all times conduct his operation and use of construction machinery so as not to damage or destroy trees and scrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for 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 staked 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 railroad 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 railroad, the City will secure the necessary easement for the work. Where the railroad tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railroad company as to the methods of performing the work and take all precautions for the safety of property and the public. Negotiations with the railway companies for the permits shall be done by and through the City. The Contractor shall give the City Notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra 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 watchman, 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 C6-6(3) 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 provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways " issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways ", codified as Article 6701d Veron 's Civil Statues , pertinent section being Section Nos . 27 , 29 , 30 and 31. The Contractor will not remove any regulatory sign , instructional sign , street name sign, or other sign which has been erected by the City . If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871-8075), to remove the sign. In case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referred manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re- installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible foe 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 salaries of watchmen, for the subsequent removal and disposal of such barricades, signs , or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6 .9 USE OF EXPLOSIVES, DROP WEIGHT, ETC .: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner , not less than twenty-four hours in advance of the use of any C6 -6(4) 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 Conditions Documents , or the use of explosives is requested , the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges, as the City may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the Contractor shall be provided by him at his expense. Such additional rights-of-way or work area shall be acquired for the benefit of the City . The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise , the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to, all tress , shrubbery , plants, lawns, fences, culverts, curbing , and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the work. The Contractor shall notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants , whose land or interest in land might 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. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of non-execution thereof on the part of the Contractor, he shall restore or have restored as his 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 C6-6(5) 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 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 brace posts on either side of the permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross-braced posts at the point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the 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 or to make good such damage or injury, the Owner may , upon 48 hour written notice under ordinary circumstances , and without notice when a nuisance or hazardous condition 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 to or to become due to the Contractor under this contract. C6.6. l l 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 exclusive right to control the details of all work and services performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractor, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers , agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between 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 Owner, its officers, agents , servants , and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents , employees , contractors, subcontractors, licensees or invitees , whether or not caused, in whole or in apart, by alleged negligence on the part of officers, agents , employees, contractors, subcontractors, licensees or invitees of the C6-6(6) Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers , agents, servants, and employees for property damage or loss, and/or personal injuries , including death , to any and all person of whatsoever kind or character, whether real or asserted , arising out of or in connection with , directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents, employees, contractors, subcontractors , licensees or invitees , whether or not caused, in whole or in apart, by alleged negligence of officers, agents , employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to , and does hereby, indemnify and hold harmless Owner from and against any and all injuries, loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from , in whole or in apart, any and all alleged acts of omission of officers, agents , employees, contractors, subcontractors, licensees , or invitees of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all 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 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 3 0-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 total 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 then 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 tot he Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2 . Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made . If condition (2) above is met at any 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 C6-6(7) Director may recomme nd that final paym e nt be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may , if he deems it appropriate , refu se to accept bids on other Water Department Contract work from a Contractor against whom a claim for damag es is outstanding as a result of work performed under a City Contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation foe any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage , make a written statement to the Engineer, setting out in detail the nature of the alleged damage , and on or before the 25 1h day of the month succeeding that in which ant such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and the amount of such alleged damage and , upon request , shall give the Engineer access to all books of account, receipts , vouchers , bills of lading , and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required , the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages . C6-6 .14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: In case it is necessary to change , move , or alter in any manner the property of a public utility or others , the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to the 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 divisions. 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 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(8) 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 hydrant and/or valves is detailed in Section E2 -l .2 USE OF FIRE HYDRANTS AND VAL YES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be made at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City ordinance, or where no ordinances applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C 6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, m 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 notice 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 of any of the provisions of 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 deficient operations on the part of the Contractor, shall be performed by the Contractor at his 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 nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGA~ 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. 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(9) C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representative of the Owner, either personally or other wise 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, and 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 State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable State Comptroller's 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-owner 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 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 . Texas Limited Sales , Excise, and Use Tax Act permits and information can be obtained from: Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX C6-6(10) PART C -GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.l SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workmen under his immediate superintendance, work of a value of not less than fifty (50%) percent of the value embraced on 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 or workmen of the Contractor and shall be subject tot he 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, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, 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 states, 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 actual damages. C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operations, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of 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 be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period . The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract 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. C7-7(1) 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 Engineer shall not relieve the Contractor from 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 LIMITATION OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public . At any time when , in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor when it is available. The Contractor may bring from outside the City of Fort Worth his key men 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 and tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or to be found to be incompetent, disrespectful, intemperate, dishonest , or otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglect or refuses to comply with or carry out the direction 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 the 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(2) C7-7.6 WORK SCHEDULE : Elapsed working days shall be computed starting with the first day of the work completed as defined in C 1-1.23 "WORKING DAYS " or the date stipulated in the "WORK ORDER" for beginning work , whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holid ays, 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 that 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 shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in C 1-1.24 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 . 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 occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval. In adjusting the contract time for completion of work, consideration will be given to unforeseen causes beyond the control of and without the fault or negligence of the Contractor, fire , flood, tornadoes , epidemics, quarantine restrictions, strikes , embargoes , or delays of sub-contractors due to such causes. C7-7(3) When the date of compl etion is ba sed on a cal e ndar day bid , a request for extension of time because of inclement we ather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only whe n 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 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 mat 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 furni shed 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 the Engineer found correct, shall be approved and referred by the Engineer 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 shall, however, be subject to the approval of the City Council: and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7 .10 TIME OF COMPLETION: The time of completion is an essential element of the Contract. Each bidder shall 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 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 the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. C7 -7(4) AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES PER DAY 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 to calculate due to lack of accurate information, 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 vent the work is suspended by a Court Order. Neither wiil 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 unsuitable 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 the 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 THETIME OF COMPLETION, and should it be C7-7(5) 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 that construction may be resumed . Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the president of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor , materials, and equipment for the prosecution of the work with reasonable continuity for a 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 that 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 Contractor, than 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 my request the owner to terminate the contract and the owner may comply with the request, and the termination shall be conditioned and based upon a final settlement 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 not anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF THE CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared canceled 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 progress of the work operations by the Contractor is insufficient to complete the work within the specified time. C7-7(6) c. Failure of the Contractor to provide and maintain suffici e nt labor and equipment to properl y execute the working operations . d. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor promptly to make good any defect in materials or workmanship , or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. 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. 1. 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 canceled, 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 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 upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor 's place in all respects , and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses , subject to all of the terms of the Contract Documents. C7-7(7) In case the Sureties do not , within th e here inabove specified time , exercise their right and option to assume the contract re s ponsibilities , or that portion thereof which the Owner has ordered the Contractor to discontinue , th e n the Owner sha ll have the power to complete , by contract or otherwi se , as it may determine , the work herein described or such work thereof as it may deem nece ssary , and the Contractor hereto agrees that the Owner shall ha ve the right to take possession of and use any materials , plants , tools , equipment, supplies , and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools , equipment , materials , labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials , tools , equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the owner from such monies as may be 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 Contract, 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 and in such a manner as to not hinder or interfere with the 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: 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. A. NOTICE OF TERMINATION : Any Termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance o f work under the contract is terminated, and the date upon which such termination becomes effective . Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service 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 C7-7(8) B. claim , demand or suit shall be required of the Owner regarding such discretionary action 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 confract as is not temiinated ; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by 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 unfabricated parts , work in progress, completed work , supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of the termination ; and 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 to the Owner. 5. complete performance of such work as shall not have been terminated by the notice of termination; and 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 quantity and quality, of any or all item s of termination inventory not previously disposed of, exclusive of items the disposition of C7-7(9) which has been directed or authorized by 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 neces sary adjustments to correct the list as submitted , shall be made prior to final settlement. C. TERMINATION CLAIM : Within 60 days after the 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 e xtensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60 -day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. D. AMOUNTS: Subject to the prov1s1ons of Item C7 -7. l(C), the Contractor and the 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 the work pursuant hereto; provided , that such agreed amount or amounts shall never exceed the total contract price reduced by the amount of payments otherwise made and as further reduced by the contract price 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(E) hereafter, prescribing the amount to be paid to 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 the work pursuant to this section, the Owner shall determine , on the basis of information availab le 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 ; 1. all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; C7 -7(10) 2. any claim which the Owner may have against the Contractor in connection with this contract ; and 3. the agreed price for , or the proceeds of the 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 this contract, the Contractor may file with the Engineer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; noting contained herein, however, shall limit the right of the owner and the Contractor to agree upon the amount or amounts to be paid tot he 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: Noting 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 OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT" or any other right which the 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. 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. C7-7(11) PART C - G EN ERAL CONDITIONS C8-8 MEAS UREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF QUANTITIES : The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptabl y 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 item 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, finishing costs, overhead expense, bond , insurance, patent fees , royalties , risk due to the elements and other clauses , delays , profits, injuries, damages claims , taxes , and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8 -8 .3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth , the said "Lump Sum " shall represent the total cost 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 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 , C8-8(1) 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 one year guaranty period after the final acceptance . The Owner shall be the sole judge of such defects, imperfections , or damage , and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8 .5 PARTIAL ESTIMATES AND RETAINAGE: Between the 1st and the 5th day of each month, the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 1 oth day of the month, the Engineer shall verify such estimate, and if it is found to be acceptable and the value of the work performed since the last partial payment was made exceeds one hundred dollars ($100.00) inn amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000 .00, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400 ,000.00 or greater, within twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City . The partial estimates 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 partial estimates from month to month will be approximate only , all partial monthly estimates and payment will be subject to correction in the estimate 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 quantity 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(2) 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 final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment thereof as outlines in paragraph 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 sums that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after the final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the owner satisfactory evidence of compliance as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit as furnished by the City, certifying that; A. all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, B. that the wage scale established by the City Council in the City of Fort Worth has been paid , and C . that there are no claims pending for personal mJury 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. C8-8(3) 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 thereof 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 Contract Documents , approved modifications thereof, and all alterations thereof. C8-8.10 GENERAL GUARANTY: 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 damages in the work and pay for any damage to the 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 guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. C8-8 .1 l 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 these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal , shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of 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: The Contractor shall keep on record a copy of all specifications, plans , addenda, modifications , shop drawings and samples at the C8-8( 4) .. 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. C8-8(5) - - - PART CS SUPPLEMENTARY CONDITIONS - SUPPLEMENT ARY CONDITIONS FORT WORTH, WATER DEPARTMENT WATER AND WASTEWATER TREATMENT PLANT PROJECTS September 2, 2003 1. CONTRACT DOCUMENTS: In Section C 1-1.2 CONTRACT DOCUMENTS , delete Paragraph Cl-l .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 TRANSPORA TION 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. DIRECTOR OF ENGINEERING: Add the following paragraph after Cl-1.17 and before C 1-1.18: C 1-1.17 A DIRECTOR OF ENGINEERING: The officially appointed Director of the Department of Engineering of the City of Fort Worth, referred to in the charter as the City Engineer, or his duly authorized representative assistant, or agents. 4. ENGINEER: Delete entire Paragraph C 1-1.19, and replace with the following: The Director of the Fort Worth Department of Engineering, 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. CS-1 5. PROPOSAL FORM: In Section C2-2. l , Paragraph l, 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. 6. 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." 7. 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. CS-2 - 8. 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 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. 9. 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." 10. 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 CS-3 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 ." 11.0 rNSURANCE. Delete entire Paragraph C3-3.11 rNSURANCE, and replace with the following:: C3-3. l l rNSURANCE: 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. l 1 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. COMPENSATION rNSURANCE : 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. b. COMMERICAL GENERAL LIABILITY rNSURANCE: 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. CS-4 - - C. 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 : 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 (if 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 servants, and City's Engineer 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. CS-5 e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors , respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him , and also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in 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. g. 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. h. INSURANCE COMPANY: 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. 1. 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. J. 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. 12. 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: CS-6 - - 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. 13. TESTING COSTS: Section 5-5 .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." 14. LAWS TO BE OBSERVED: Section 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." 15. BUILDING 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." 16. 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". 17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Delete entire Paragraph C6-6. l 2, 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, CS-7 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 ofthe Owner, its officers, agents, servants, or employees 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." 18 . 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." CS-8 - - 19 AIR POLLUTION WATCH DAYS: Add the following to Section C7-7: C7-7.l8 AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. -10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD 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. 20 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 CS-9 proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances , or any damage due or attributed to such defects , which defects , imperfections , or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects , imperfections , or damage , and the Contractor shall be liable to the Owner for failure to correct the same as provided herein." 21. 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." 22 . GENERAL GUARANTY. Delete C8-8.10 GENERAL GUARANTY in its entirety and replace with the following: CS-10 - - - 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 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. 23. RIGHT TO AUDIT: Add the following to Section C8-8 : C-8-8.14 RIGHT TO AUDIT: "(a) The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) 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 CS-11 thereafter." (5 /25 /93) 24. 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-12 - - PARTD SPECIAL CONDITIONS - .... D-1 GENERAL: Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and General Specifications. effective July 1, 1978, are made part of the Contract Documents for this Project. The Plans , Special conditions and Provisions Documents, and the rules , regulations , requirements , instructions, drawings and deta ils referred to by manufacturer's name , number or identification included therein as specifying, referring or implying product control, performance, quality , or other shall be binding upon the Contractor. The Specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: 1. Plans 2. Special Contract Documents 3. General Contract Documents and General Specifications The following Special Conditions shall be applicable to this project and shall govern any conflicts with the General Contract documents under the provisions stated above. D-2 PROJECT DESIGNATION: Construction under these Special Documents shall be performed under the Fort Worth Water Department Project Designations: Sewer Project Number Pl 73 -070173013142 D-4 PROJECT SIGNS: Project Signs are required at all locations which will be under construction for more than thirty (30) calendar days as indicated in Part B Proposal. Project Signs shown in Appendix A shall be in accordance with Figure 30 (dated 8-28-89) of the General Contract Documents. The signs may be mounted on skids or on posts. The exact locations and methods of mounting shall be approved by the engineer. Any and all costs for the required materials , labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D-5 CITY FURNISHED MATERIALS: For water projects, the City will furnish "pipe cleaning pigs," chlorine gas or chlorinated lime (HTH) and all water for initial cleaning and sterilization of water lines. All other materials for construction of the project, including water for compaction, shall be furnished by the Contractor. D-6 WAGE RATES: The labor classifications and mm1mum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements , as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Documents. In no event shall less that the following rates be paid. (see attached wage rates) When two or more wage rate scales are shown and wage rates shown in specific classifications are in conflict, the higher wage will be used. D-8 DEWATERING: The Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the existing mains and ground water. The Contractor shall be responsible for damage of any nature resulting from the dewatering operations. The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer. Ground water shall not be discharged into sanitary sewers. Dewatering shall be considered as incidental to a construction and all costs incurred will be considered to be included in the linear foot bid price of the pipe . D-10 EXISTING UTILTIES: The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans , or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property crossed or exposed by his construction operations. Contractor shall make all necessary provisions for the support, protection, relocation, and or temporary relocation of all utility poles, gas lines, telephone cables , utility services, water mains, sanitary sewer lines, electrical cables , drainage pipes , and all other utilities and structures both above and below ground during construction. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and or temporary relocation of such facilities shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. Where existing utilities or service lines are cut, broken or damaged, the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the owners of all utilities to locate existing underground facilities and notify the Engineer at once of any conflicts in grades and alignment. - - - In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs , of their property that may be made necessary by performance of this contract. D-12 TEST HOLES: The matter of subsurface exploration to ascertain the nature of the soils, including the amount of rock, if any, through which this pipeline installation is to be made is the responsibility of any and all prospective bidders, and any bidder on this project shall submit his bid under the condition. Whether prospective bidders perform this subsurface exploration jointly or independently, and whether they make such determinations by the use of test holes or other means, shall be left to the discretion of such prospective bidders. The cost of the rock removal and other associated appurtenances, if required, shall be included in the linear foot bid price of the pipe. D-13 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 proposed substitute is procured by the Contractor. Where the term "or equal," or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact , equal, and the Engineer, as the representative of the City, shall be the sole judge 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-19 TRENCH SAFETY: 1. GENERAL: This specification covers the trench safety requirements for all trench excavations in order to protect workers from cave-ins. The requirements of this item govern all trenches for mains, manholes, vaults, service lines, and all other appurtenances. 2. STANDARDS: The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Subpart P- Excavations, are hereby made a part of this specification and shall be the minimum governing requirements for trench safety. 3. DEFINITIONS: A. TRENCHES: A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where the width measured at the bottom is not greater than fifteen ( 15) feet. If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to fifteen (15) feet or less at the bottom of the excavation, the excavation is also considered to be a trench . B. BENCHING SYSTEM: Benching means excavating the sides of a trench to form one or a series of horizontal levels or steps, usually with vertical or near- vertical surfaces between levels. C . SLOPING SYSTEM: Sloping means excavating to form sides of a trench that are inclined away from the excavation. D. SHIELD SYSTEM: Shields used in trenches are generally referred to as "trench boxes" or "trench shields." Shield means a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure . Shields can be permanent structures or can be designed to be portable and move along as the work progresses. Shields can be either premanufactured or job-built in accordance with OSHA standards . E. SHORING SYSTEM: Shoring means a structure such as a metal hydraulic, mechanical or timber system that supports the sides of a trench and which is designed to prevent cave-ins. Shoring systems are generally comprised of crossbraces, vertical rails (uprights), horizontal rails (wales) and/or sheeting. 4. MEASUREMENT: Trench depth is the vertical measurement from the top of the existing ground to the bottom of the pipe or structures. The quantity of trench safety systems shall be based on the linear foot amount of trench depth greater than five (5) feet. 5. PAYMENT: Separate payment will be made only when trench excavations exceed a depth of five (5) feet and shall be full compensation for safety system design, labor, tools, materials, equipment and incidentals necessary for the installation and removal of trench safety systems. D-24 VAL VE BLOCKING: NOT USED D-25 DUCTILE IRON PIPE AND GRAY-IRON FITTINGS: NOT USED - - - D-26 DETECTABLE WARNING TAPES: NOT USED D-27 CONCRETE CYLINDER PIPE AND FITTINGS: NOT USED D-30 VALVE CUT-INS: NOT USED D-37 CONCRETE ENCASEMENT: NOT USED D-39 BID ALTERNATIVES: NOT USED D-41 SITE PREPARATION : The Contractor shall clear rights-of-way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to Paragraph C6-6.10 Work Within Easements, Page 6-6(4), Part C -General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be included in the Unit Price. D-48 TEMPORARY PAVEMENT REPAIR: The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 1-inch cold mix asphalt. This temporary repair shall be rolled to provide a smooth transition between the existing pavement and the temporary repair. The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing temporary pavement repair for all streets cuts prior to street reconstruction. D-55 TEMPORARY SOIL EROSION SEDIMENT AND WATER POLLUTION CONTROL: 1. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices. 2. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible- earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution-control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right of way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil-erosion-control measures shall be performed as directed by the Engineer. The amount of surface area of erodible-earth material exposed at one time shall not exceed 750,000 square feet for each excavation operation, 750 ,000 square feet for each material source operation (other than from commercially operated sources), 750,000 square feet for each preparing of right-of-way operation or 750,000 square feet for each clearing and grubbing operation, unless otherwise shown on the plans or with prior approval by the Engineer in writing. The CONTRACTOR shall also conform to the following practices and controls. All labor, tools, equipment and incidentals to complete the work will not be paid for directly but shall be considered as subsidiary work to the various items included in the contract. (a). Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. (b ). Frequent fording of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. (c). When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. ( d). All waterways shall be cleared as soon as practicable of falsework, piling, debris or other obstructions placed during construction operations that are not a part of the finished work. - - - - - - (e). The CONTRACTOR shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. 3. SUBMITTAL: Prior to the start of the applicable construction, the CONTRACTOR shall submit for approval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible-earth material to a minimum. He shall also submit for acceptance his proposed method of soil-erosion control on construction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. 4 . MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. D-86 WORKER'S COMPENSATION INSURANCE: A. Contractor's Worker's Compensation Insurance. Contractor agrees to provide the Owner (City) a certificate showing that it has obtained a policy of worker's compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. B. Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of worker's compensation insurance covering each employee on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the Owner (City). C. Worker's Compensation Insurance Coverage. 1. Definitions: Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for person's or entity's employees providing services on a project, for the duration of the project. Duration of the Project -includes the time from he beginning of the work on the project until the contractor 's/person 's work on the project has been completed and accepted by the City. Persons providing services on the project ("subcontractor" in Texas Labor Code Section 406.096) -includes all persons or entities performing all or part of the services the contractor has undertaking to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This included , without limitation, independent contractors , subcontractors , leasing companies , motor carriers , owner-operators , 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 service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors , office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amourits and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code , Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3 . The Contractor must provide a certificate of coverage to the City prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing the coverage has been extended. 5. The contractor shall obtain from each person providing services on a project, and provide to the City: (a) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. - - - ..... 7. The Contractor shall notify the City in wntmg by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice , in the text , form and manner prescribed by Texas Worker's Compensation Commission, informing all persons providing services on the projects that they are required to be covered and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting on the classification codes and payroll amounts and filling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor. prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; ( c) provide the contractor. prior to the end of the coverage period a new certificate of coverage showing the extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ( d) obtain from each other person with it contracts , and provide to the contractor: ( 1) a certificate of coverage, prior to the other person beginning on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for duration of project and for one year thereafter. (f) notify the City in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts , to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services . 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the City that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on the proper reporting of classification codes and payroll amounts , and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Texas Workers' Compensation Commission's Division of Self-Insurance Regulation. providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. D. Posting of Required Worker's Compensation Coverage. The contractor shall post a notice on each project site 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 Workers' Compensation Act or other Texas Workers' Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 10 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 additional words or changes: REQUIRED WORKERS' 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 Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. - - - - D-91 SHOP DRAWINGS: 1. Submit seven (7) copies of shop drawings, layouts , manufacturer's data and material schedules as may be required by the Engineer for his review. Submittals may be checked by and stamped with the approval of the Contractor and identified as the Engineer may require. Such review by the Engineer shall include checking for general conformance with the design concept of the project and general compliance with information given in the General Contract Documents. Indicated actions by the Engineer, which may result from his review, shall not constitute concurrence with any deviation from the plans and specifications unless such deviations are specifically identified by the method described below, and further shall not relieve the Contractor of responsibility for errors or omissions in the submitted data. Processed shop drawing submittals are not change orders. The purpose of submittals by the Contractor is to demonstrate that the Contractor understands the design concept, and that he demonstrates his understanding by indicating which equipment and materials he intends to furnish and install, and by detailing the fabrication and installation methods he intends to use. If deviations , discrepancies or conflicts between submittals and the design drawings and/or specifications are discovered, either prior to or after submittals are processed, the design drawings and specifications shall govern. The Contractor shall be responsible for dimensions which are to be confirmed and correlated at the job site, fabrication processes and techniques of constriction, coordination of his work with that of other trades and satisfactory performance his work. The Contractor shall check and verify all measurements and review submittals prior to being submitted, and sign or initial a statement included with the submittal, which signifies compliance with plans and specifications and dimensions suitable for the application. Any deviation from the specified criteria shall be expressly stated in writing in the submittal. Three (3) copies of the approved submittals shall be retained by the Contractor until completion of the project and presented to the City in bound form. 2. Shop drawings shall be submitted for the following items prior to installation: See Division 1 Specifications . Additional shop drawing requirements are described m some of the material specifications. 3. Address for Submittals -The submittals shall be addressed to the Project Manager: CH2M HILL 12377 Merit Drive, Suite 1000 Dallas, TX 75251 D-101 TESTING: a. The Contractor shall furnish , at his own expense , certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used , and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. b . Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement, and mortar which are to be used later in the concrete . The Contractor shall provide a certified copy of the test results to the City. c . Quality control testing of in-place material on this project will be performed by the City at its own expense . Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of his responsibility to furnish materials and equipment conforming to the requirements of the contract. d. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested , and any work effort involved is deemed to be included in the unit price for the item being tested . e. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. D-102 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. D-103 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 . No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from , the Contract Documents , or should the bidder be in doubt as to - - - - - - - - - - - - their meaning, the bidder should at once notify the Fort Worth 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 anyaddenda 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. D-104 OSHA STANDARDS: All work performed under this contract shall meet the requirements of the Occupational Safety and Health Administration (OSHA).It is the responsibility of the Contractor to become familiar with the provisions of the regulations published by the OSHA in the Federal Register and to perform all the responsibilities thereunder. It is the Contractor's responsibility to see that the project is constructed in accordance with OSHA regulations and to indemnify and save harmless the City from any penalties resulting from the Contractor's failure to so perform . D-105 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 award of contract. This resident superintendent, if found to be acceptable, shall not be replaced without written notice to and consent from the Owner except under extraordinary circumstances, Qualifications of a proposed replacement shall be submitted when a request is made for 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 is to 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-106 RESIDENT ENGINEER: The General Conditions, Section C 1-1.19 ENGINEER, defines various persons who may be designated as the Engineer. For the prosecution of this contract, the Term Engineer shall mean the Resident Engineer as designated by the Director of the Fort Worth Water Department together with members of the staff of the Engineer who are assigned to the Project. Any contacts the contractor may wish to make with any City personnel, including the Water Production Supervisor, members of the plant operating staff, members of the City Administration, or Consulting Engineers, shall be arranged through the Engineer. The Contractor shall not act upon requests or instructions he may receive from any City personnel or Consulting Engineers nor shall he give instructions or directions to such persons without the approval or consent of the Engineer. D-107 PROGRESS PHOTOGRAPHS: The Contractor shall take photographs of the project site prior to construction, monthly during construction of the project and after completion of the project. Photographs may be taken with a quality 35mm or better camera, equipped to photograph either interior or exterior exposures, with lenses ranging from wide angle to 135mm. Photographs shall be taken at locations as designated by the Engineer. Contractor shall video tape all roads and work areas to be affected prior to starting construction and furnish a copy of the video tape to the Engineer. Two glossy color 3" x 5" prints and the negative shall be provided for each photograph taken. Each print shall be marked on the reserve side to indicate project name, date and time, location, direction of exposure, and description of what is being photographed. Prints shall be clear and sharp with proper exposure. If prints of adequate quality are not produced from exposures, additional photographs shall be taken. D-108 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. 0-109. 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 from personal injury, including death, property liability, at any time, however caused, due to the presence or release of, or exposure, whether to the person of property injured or otherwise, whether to the person of 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-110. SPOIL AND FILL MATERIAL: Prior to disposing on any spoil/fill material , the contractor shall advise the Director of Transportation and Public Works , acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating the site is not in a known flood plain of by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies , shall be at the contractor's expense. In the event the contractor disposes of spoil/fill material at a site without a fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of Transportation and Public W arks, the contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinances of the City and this section. D-111 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 plant 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 subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. D-112 DISABILITY: In accordance with the prov1s1ons of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability , terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal , state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to comply with the above-referenced law concerning disability discrimination in the performance of this agreement. D-113 INDEMNIFICATION: To clarify Section C6-6.12 of the General Conditions of the Contract, it is the intent of the Owner that the Contractor indemnify, hold harmless and defend the Owner, and the Owner's officers , agents , servants, and employees from and against any and all claims as listed herein, even though causes by the Owner's sole negligence. With respect to the last sentence of the first paragraph of Section C6-6 .12 , it is the Owner's intent that the language be site specific to the general area where the work to be performed under the Contract is being performed. It is not the Owner's intent that the Contractor be required to indemnify the Owner for damages to property other than that caused to property located in close proximity to this project, unless such damage is caused wholly or in part by the Contractor's negligence. D-114 CONSTRUCTION ADMINISTRATION A. CONTRACTOR MODIFICATION REQUEST(CMR)/PROPOSED CONTRACT MODIFICA TION(PCM): Any Change in the Contract Documents will be initiated either by the Contractor issuing a Contractor's Modification request (CMR) or by the Owner issuing a Proposed Contract Modification (PCM) on forms provided by the Owner. Proposals will be reviewed by the Owner and if found acceptable, will be incorporated in a Change Order or a Field Order in accordance with Section C4-4 of the Contract Documents. The Contractor's Modification request (CMR) shall fully identify and describe the deviations and associated costs, time factors and impacts, and state the reason the change is requested. Any savings in costs related to the substitution/repalcement or change is to be stated in th erequest for consideration. - - - - liiiif - - - Cost of the Engineer 's evaluation of any substitution or deviation requested by the Contractor shall be charged to the Contractor by the Owner. B.PROJECT INFORMATION REQUEST 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 the contract drawings and specification , the Contractor shall identify the conflict and /or request clarification/additional information using the Project Information Request (PIR) form provided by the Owner. Sufficient information shall be attached to permit a written response without further information. The Owner will log each request and will review the request. If review of the Project information request (PIR) indicates that a change to the contract documents is required , the Owner will issue either a Field Order(FO) or Proposed Contract Modification (PCM). C. RECORD DRAWINGS The Contractor shall keep on record at the site a copy of all Contract Specifications , Plans, Addenda, modifications, record and shop drawings and samples , in good condition and annotated in erasable red pencil to show all changes made during the construction process. These shall be delivered to the Engineer upon completion of the work and before final payment is made. The Contractor shall retain for record purposes only, all designs and plans prepared for construction which are prepared and sealed by a State of Texas Registered Professional Engineer. Said design and plans shall include, but not be limited to. paving, buildings, mechanical and electrical systems, foundation , etc . CITY OF FORT WORTH BUILDING & CONSTRUCTION TRADE PREVAILING WAGE RA TES FOR 2000 HOURLY HOURLY CLASSlFlCA TION RATE CLASSIFICATION RATE AIR CONDlTIONING MECHANIC $15 .98 LABORER-COMMON $7 .85 AIR CONDITIONING MECHANIC $10 .75 LABORER-SKILLED $10 .35 HELPER LATHER $14 .00 ACOUSTIC CEILING INST ALL ER $14 .02 LATHER HELPER $11.00 ACOUSTIC CEILING INST ALLER $10 .88 MET AL BUILDING ASSEMBLER $10.00 HELPER MET AL BLDG ASSEMBLER HELPER $8 .70 ASBESTOS WORKER $10.50 PAINTER $12 .83 BRICKLAYER/STONE MASON $17.21 PAINTER HELPER $8 .35 BRICKLAYER/STONE MASON $10.16 PIPEFITTER $17 .60 HELPER PIPEFITTER HELPER $10 .18 CARPENTER $13 .92 PLASTERER $16 .00 CARPENTER HELPER $ I0 .38 PLASTERER HELPER $11.00 CONCRETE FINISHER $12.68 PLUMBER $16.91 CONCRETE FINISHER HELPER $9.73 PLUMBER HELPER $9 .75 CONCRETE FORM BUILDER $11.97 REINFORCING STEEL SETTER $10.40 CONCRETE FORM BUILDER HELPER $9.42 ROOFER $11.87 DRYWALL TAPER $11.33 ROOFER HELPER $8.33 DRYWALL TAPER HELPER $8 .00 SHEET MET AL WORKER $14.45 ELECTR1CIAN JOURNEYMAN $17.46 SHEET MET AL WORKER HELPER $9 .57 ELECTR1CIAN HELPER $11.30 SHEETROCK HANGER $12.45 ELECTRONIC TECHNICIAN $12.50 SHEETROCK HANGER HELPER $9 .64 ELECTRONIC TECHNICIAN HELPER $8 .50 SPRINKLER SYSTEM INSTALLER $16 .87 FLOOR LA YER (CARPET) $17.00 SPRlNKLER SYSTEM INSTALLER $10 .13 FLOOR LA YER (RESILIENT) $16 .00 HELPER FLOOR LA YER HELPER $13 .50 STEEL WORKER STRUCTURAL $11.36 GLAZIER $15 .02 STEEL WORKER STRUCTURAL $8 .80 GLAZIER HELPER $10 .90 HELPER INSULATOR $12.04 WELDER $14 .70 INS ULA TOR HELPER $9.40 WELDER HELPER $11.74 HEAVY EQ UIPMENT O PE RATO RS CRANE, CLAMSHELL, BACKHOE, $12.50 FOUNDATION DR1LL OPERA TOR $13.00 DERRICK, DRAGLINE, SHOVEL FRONT END LOADER OPERA TOR $11.22 FORKLIFT OPERA TOR $9.63 TRUCK DRIVER $10 .31 - - - -. CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREY AILING WAGE RA TE FOR 2000 CLASSIFICA TCON ASPHALT RAKER ASPHALT SHOVELER BA TCHlNG PLANT WElGHER CARPENTER (ROUGH) CONCRETE FINlSHER-PA VING CONCRETE FINlSHER-PAVING HEPLER CONCRETE FINlSHER- STRUCTURES FLAGGER FORM BUILD ER-STRUCTURES FORM LINER-PAVING & CURB FORM SETTER-PA VlNG & CURB FORM SETTING-STRUCTURES LABORER-COMMON LABORER-UTIUTY MECHANlC SEVlCER OPERATOR ASPHALT DlSTRIBUTOR ASPHALT PAVING MACHINE CONCRETE PAVlNG SAW CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOV EL (< 1-1/2 CY) HOURLY RATE $10.32 $9.75 $9.65 $13 .64 $10 .16 $9 .70 $13.44 $7 .00 $13.44 $10 .25 $9.24 $9.75 $7.64 $8.64 $13.25 $10.13 $11.45 $11.09 $10.53 $10.00 CRANE, CLAMSHELL, $11.52 BACKHOE, DERRICK, DRAGLlNE, SHOV EL (> 1-1/2 CY) CLASSIFICATION OPERA TOR (Continued) FRONT END LOADER (2-1/2 CY & Less) FRONT END LOADER (Over 2 -1 /2 CY) MILLING MACHIN E MIXER MOTOR GRADER, FINE GRADE MOTOR GRADER, OTHER PAVEMENT MARKING MACHINE ROLLER, STEEL WHEEL PLANT- MIX PAVEMENTS ROLLER, STEEL WHEEL, OTHER FLA TWHEEL ORT AMPING TRAVELING MIXER SETTER, REINFORCING STEEL, TRUCK DRIVER LOWBOY-FLOAT SINGLE AXLE. LIGHT TANDEM AXLE SEMI-TRAlLER TRANSIT MIX WINCH HOURLY RATE $9.94 $9 .32 $8 .00 $11.00 $12.31 $13.75 $11.00 $9.88 $12 .12 $10 .00 $9.75 $10.54 $8 .00 $10.22 $10.63 $9 .80 PARTE TECHNICAL SPECIFICATIONS SECTION O 1000 GENERAL TECHNICAL REQUIREMENTS 1.0 CONTENTS A. Definitions: 1. Owner. 2. CH2M HILL 3. Vendor. 4. Changes. 5. Hazardous Materials. B. Correspondence: Communications. C. Manufacturer's Representative Requirements. D. Conflicts With or Within Contract Documents. E. Submittals: 1. General. 2. Operating and Maintenance Manuals. 3. Cost of Submittals. 4. General Submittal Requirements. F. Codes and Standards. G. Product Requirements: 1. General. 2. Product Options. 3. Substitutions. 4. Alternates. 5. Delivery, Storage, and Handling. H. Supports from Building Structure. I. Warranty. J. Submittal Schedule. 2.0 DEFINITIONS A. Owner: 182239.T2.AS SECTION 01000 1 GENERAL TECHNICAL REQUIREMENTS Paragraph 1.0 2 .0 3 .0 4.0 5 .0 6.0 8.0 9.0 10.0 11.0 April 2008 Rev.O City of Fort Worth, Texas Water Department 1000 Throckmoton Street Fort Worth, Texas 76102 Contact: Mr. Paul Bounds , Project Manager B. Engineer: CH2M HILL Contact: Mr. Sam Irrinki, Project Manager Phone: (915) 637-0107 Fax: (915) 545-2859 C. Vendor: the authorized distributor or agent of the manufacturer to make direct sale of the specified products and entering into an agreement with Owner. Wherever the word "Contractor" appears in Division 1 through Division 16 of the Specifications as it relates to the furnishing of items summarized in Section 01110, Summary of Work, it shall be synonymous with "Vendor" unless otherwise defined. D. Changes: Modifications to the Contract. 1. Change Orders : Changes to the scope of work which impact the Contract sum or Contract time require a fully executed change order. 2. Construction Change Directive: written order prepared by CH2M HILL and signed by the Owner directing Contractor to make changes to the scope of work which may or may not impact Contract sum or Contract time , but is evidence that the parties expect that the construction change directive will be incorporated into a subsequently issued change order. 3. Field Orders: Changes to the scope of work not requiring change in Contract sum or Contract time will be made by a field order. If Contractor believes a field order impacts Contract sum or Contract time, Contractor shall notify Owner in writing within 3 calendar days and before starting the field order change, except in an emergency. E. Hazardous materials shall mean hazardous substances as defined in the Comprehensive Environmental Response, Compensation, and Liability Act, hazardous waste as defined in the Resource Conservation and Recovery Act, and similar terms as used in applicable federal, state , and local statutes, rules, and regulations to include carcinogenic, acutely toxic, flammable , or explosive materials in any form~ 3.0 CORRESPONDENCE A. Communications : 182239 .T2.AS SECTION 01000 GENERAL TECHNICAL REQUIREMENTS April 2008 2 Rev . 0 ' 1. Direct communications, correspondence , and submittals for the project to the Owner at the address above. 2. Maintain log of communications and correspondence. 3. Limit letters or faxes to a single subject and identify by a transmittal number correlated to the correspondence log. 4. Confirm telephone conversations in writing . 5. Progress Reports: Provide monthly report to include, as a minimum, the following. a. Activity during past month. b. Confirmation of schedule. 4.0 MANUFACTURER'S REPRESENTATIVE REQUIREMENTS A. Specifications may require a manufacturer's representative be provided for specified functions on site for a stated period of time. The daily rate to be charged for providing the manufacturer's representative beyond the stated period of time as may be required to complete the specified activities is shown in the Contract. The daily rate for the additional services shall be the same rate that will be used to reduce the Contract sum to account for fewer days spent than the number stated in the Specifications. B. During subsequent work activities by the installing workers, the manufacturer's representative shall provide periodic, timely inspection and counseling to ensure system complies with factory requirements and the specifications and that it will operate at the specified level of performance. C. The manufacturer's representative shall submit a written report listing tasks performed, observations, and finished results . 5.0 CONFLICTS WITH OR WITHIN THE CONTRACT DOCUMENTS A. If, during the performance of the work, the Contractor discovers conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and provisions of laws or regulations applicable to the performance of the work, or of standards, specifications, manuals, codes, or of instructions of manufacturers or vendors, notify CH2M HILL in writing immediately. Do not proceed with the work affected by the conflict ( except in an emergency) until an amendment or supplement to the Contract Documents has been issued. 6.0 SUBMITTALS A. General: 1. Submittals shall be accompanied by a transmittal that lists attachments. 182239.T2.AS SECTION O 1000 GENERAL TECHNICAL REQUIREMENTS 3 April 2008 Rev.O 2. Review of submittals by CH2M HILL will be for the purpose of checking for conformance with information given and the design concept expressed in the Contract Documents, and shall not relieve Contractor from responsibility for errors or omissions contained in the submittals . CH2M HILL may make changes or corrections to the submittals , reproduce copies for its own use and return a marked up copy to the Contractor. If major revisions are required, the submittal will be returned to the Contractor to correct and resubmit. If Contractor proceeds with ordering materials or equipment without a completed 3 . 4. 5. 6. 7. CH2M HILL review, it does so at its sole risk. Submittals will be acted upon by CH2M HILL as promptly as possible and returned to the Contractor no later than 15 working days after receipt. Mark submittals with the following, as a minimum: a. Specification section number. b. Project identification. c. Intended use or location for submittal items . d . Purchase order number, if issued. e. Owner's tag or identification number for products, instruments, and equipment. f. Line number(s) on piping drawings. g. Date of issue . h. When submitting product data sheets where multiple items are listed, indicate the specific items being submitted with an arrow. Revisions to documents previously submitted shall be clearly identified as to which items specifically were revised. The quantity of submittals required, at a minimum, is: a. Product Data (Submittals That can be Duplicated on a Copy Machine , Usually 8-1/2-Inch by 11-Inch Size): six copies. b . Shop Drawings: one reproducible set and six black line sets. c. Samples: three sets. The practice of submitting incomplete or unchecked submittals is not acceptable. Submittals which, in the opinion of CH2M HILL, clearly indicate that they have not been stamped, dated, and checked by Contractor will be considered as not complying with the intent of the Contract Documents and will be returned to Contractor for resubmission in the proper form. B. Operating and Maintenance Manuals: 1. When the individual specifications require operating and maintenance manuals provide one copy with shipment and six copies of the manuals within sufficient time to allow for training of Owner's personnel. Provide a electronic copy of the operating and maintenance manual on CD and DVD format. Provide in three-ring, side-entry binders with durable plastic covers containing a detailed table of contents with tab dividers for major sections and special equipment and including: 182239.T2.AS SECTION 01000 GENERAL TECHNICAL REQUIREMENTS 4 April 2008 Rev.O r a. Description of the system provided. b. Handling, storage, and installation instructions. c. Detailed description of the function of each principal component of the system or equipment. d. Operating Procedures: I) Prestartup activities required. 2) Startup. 3) Normal operation. 4) Emergency shutdown. 5) Normal shutdown. 6) Troubleshooting guide. e. Maintenance: 1) Complete Lubrication Requirements: type and source oflubricant, interval between lubrication, etc. 2) Preventative and repair maintenance procedures. 3) Complete spare parts list with cross-reference to original equipment manufacturer's part numbers. f. Control and Alarm Features: 1) A schematic of control systems. 2) Control loop electric ladder diagrams. 3) A listing of controller operating set points. 4) A listing of settings for alarms and shutdown systems. g. Safety and environmental considerations. 2. Executed warranty documents. C. Cost of Submittals: I. Preparation, assembly, review, and acceptance of substitutions, schedules, shop drawings, lists of materials, samples, mock-ups, and procedures submitted by Contractor shall be included in the Contract sum. 2. Additional costs, which may result from providing submittals, shall be solely the obligation of Contractor. D . General submittal requirements are provided in Part 12 of this Section. 7.0 CODES AND STANDARDS A. Comply with the latest codes and other legal requirements applicable to the materials, equipment, and services provided in accordance with the Contract, even if an applicable code or legal requirement is not referenced in the project specifications. B. Promptly submit written notice to CH2M HILL of observed variances between the Contract Documents and legal requirements. 182239.T2.AS SECTION 01000 GENERAL TECHNICAL REQUIREMENTS April 2008 5 Rev.0 C. Materials , fasteners, piping systems, and equipment shall conform to ANSI and other U.S. standard dimensional requirements unless otherwise specifically required by the Specifications. 8.0 PRODUCT REQUIREMENTS A. General: 1. Products shall comply with the project specifications , referenced standards, and applicable regulatory requirements. 2. Like items of equipment and distinct materials provided shall be from one manufacturer in order to achieve standardization for appearance, maintenance , and replacement. 3. Provide manufacturer's standard finish and color unless specified otherwise. 4 . Products shall be new and suitable for the intended use. 5. Do not install previously used products, except as specifically required or allowed by Contract Documents. 6. The use of asbestos or other hazardous substances in any product is prohibited unless specifically approved by Owner. B. Product Options: 1. Products specified by referenced standards or by description only shall meet the standards and applicable requirements of the Contract Documents. 2. Where products are specified by brand name or model number with one or more listed acceptable manufacturers but is not classified as sole source , products from other manufacturers may be considered for substitution. Submit requests for substitution in accordance with the requirements specified below. C. Substitutions : 1. Provide each request in writing to CH2M HILL with complete data substantiating compliance of proposed substitution with the Contract Documents. 2. Substitution requests may be submitted any time during construction. Prebid approval of substitute products is not required. Requests for substitutes during the Bid period will not be acted upon by CH2M HILL prior to Bid. Submit Bid prices based only on approved products. 3. Request for substitution constitutes a representation that Contractor: 182239.T2 .AS SECTION 01000 a. Has investigated proposed product and determined that it meets or exceeds the specified product. b. Shall provide the same warranty for the substitution as for the specified product. c . Shall coordinate installation and make other changes that may be required for work to be complete. d . Waives claims for additional costs that may subsequently become apparent due to the substitution. April 2008 6 GENERAL TECHNICAL REQUIREMENTS Rev. 0 4 . CH2M HILL will determine acceptability o f proposed substitution and , except for requests submitted prior to Bid, will notify Contractor of acceptance or rejection in writing within 10 working days of receipt of the written request. 5. The use of substitute materials is not allowed without prior written appro val by CH2M HILL. D. Alternates: 1. Alternates are defined as alternate products , materials , equipment, or systems for work that may , at the Owner's option and under the terms established by the Instructions to Bidders , be selected and recorded in this Contract to either supplement or displace corresponding basic requirements of the project specifications . Alternates may or may not substantially change the scope and general character of work and shall not be confused with allowances , prices , change orders , substitutions , and other similar provisions. 2. Coordinate alternate work with related work to ensure that each accepted alternate is completely integrated and interfaced with related work. 3. Within 2 weeks of award of Contract, the Owner will prepare and distribute to contractor to be involved in the project a notification of status of each alternate . This notice will indicate which alternates have been accepted , rejected , and deferred for consideration at a later date. The notice will also include a full description of negotiated modifications to alternates, if any. E. Delivery, Storage, and Handling: 1. Package and transport products by methods to avoid damage during shipment and storage prior to installation. Deliver in undamaged condition in manufacturer's unopened containers or packaging, unload and store in a dry and clean condition. Take special care to protect products that may become pitted, rusted, corroded , or which may deteriorate during shipment or storage. Machinery shall have a wrapping of heavy-duty weatherproof plastic. Protect sealed interiors from moisture damage through the use of silica gel or similar desiccants. Fragile components, instruments, controls , and other delicate parts shall be packaged separately to reduce the possibility of damage during shipment and shall be conspicuously marked FRAGILE. Handling and storage instructions shall accompany the shipment. 2. Handle products as recommended by the manufacturer with approved equipment and in a manner that will prevent damage . Clearly mark sling posts, lifting lugs , or other material handling devices. Products shall be suitably crated , skidded, boxed, sealed, or otherwise protected and shall be properly braced against movement during shipment. Instructions for removal of bracing shall accompany the shipment. 3. Provide adequate weather protection such as waterproof tarpaulins , dunnage , or platforms above ground level and housings as required to protect the equipment and materials from weather. Provide temporary heating as 182239.T2.AS SECTION 01000 GENERAL TECHNICAL REQUIREMENTS 7 April 2008 Rev.O necessary to protect covered equipment such as electrical gear from condensation where such could cause damage. 4 . Inspect shipments promptly to ensure that products comply with requirements, quantities are correct, and products are undamaged. Notify the Owner of evident discrepancies or damage. 9 .0 SUPPORTING FROM BUILDING STRUCTURE A. The following are guidelines for supporting mechanical, electrical, plumbing, or architectural items from the building structure. Coordinate load requirements so no combination of loads exceeds the limitations . B. At both the floor and the roof, attachments may be at the upper or the lower truss chord (horizontal members at top and bottom of truss). Do not hang loads from web members (the diagonal and vertical members between chords), including the end diagonal member where the lower chord is discontinuous. C. Make the point of attachment at a panel point of the truss girders or joists. Panel points are the intersections of the horizontal chords with the diagonal or vertical web members . D. Attachments to metal decking require written approval from CH2M HILL. If requested , provide inserts where concrete fill occurs or stiffeners welded where roof insulation occurs . E. Do not weld on trusses . Use bolted or clamped-type connections. F . Comply with the Specifications for support and load requirements and restrictions. Coordinate and confirm support and load requirements with CH2M HILL. CH2M HILL will coordinate load requirements submitted by contractors so combination loads do not exceed project structural design criteria limitations. G. Support loads hung from concrete structure with cast-in-place inserts unless drilled-in anchors are specifically shown or approved by CH2M HILL in writing. H. The above load restrictions and limitations shall apply to the substructure as well. 10.0 WARRANTY A. Warrant to the Owner that materials and equipment furnished will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the work will be free from defects not inherent in quality required or permitted, and that the work will conform with the requirements of the Contract Documents. Work not conforming to these requirements , including substitutions not properly approved and authorized, may be considered defective. The warranty excludes remedy for damage 182239.T2.AS SECTION 01000 GENERAL TECHNICAL REQUIREMENTS 8 April 2008 Rev. 0 or defect caused by abuse , modifications not executed by the Contractor, improper or insufficient maintenance , improper operation, or normal wear and tear under normal usage. B. The warranty period shall be for a minimum of 24 months from the date of Substantial Completion of the work or designated portion thereof. C. Make repairs and replacements promptly upon receipt of written notification of defect from CH2M HILL or Owner. If, within a reasonable time , the Contractor has not made the necessary corrections, Owner may make the corrections or order the work to be done by a third party, and the cost of the corrections shall be paid by the Contractor. 182239.T2.AS SECTION 01000 GENERAL TECHNICAL REQUIREMENTS 9 April 2008 Rev.0 11.0 SUBMITTAL SCHEDULE ITEM NO. SUBMITTAL REQUIREMENT 01000-001 Exceptions to the Bid document requirements 01000-002 Preliminary project schedule showing equipment delivery and work completion times, starting with execution of agreement 01000-003 Specific condition or delivery time period for equipment or special material that may adversely affect the stated project completion and equipment delivery time period 01000-004 Product handling, storage, assembly, installation, or adjustments required that impact design or installation of other work 01000-005 Executed warranty documents 01000-006 Manufacturer's representative statement of system compliance with factory and specification requirements END OF SECTION 182239.T2.AS SECTION 01000 10 GENERAL TECHNICAL REQUIREMENTS ~ i;.. r,:;_ ~ ~ 0~ ::c: -~ E-0~ AS INDICATED ~ z~ ~ X 2 Notice to proceed 2 Notice to proceed 2 Notice to proceed Before Substantial Completion Before Substantial Completion April 2008 Rev.O SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS 1.0 CONTENTS A. Administrative Requirements: 1. Cost Controls . 2. Pre-construction Meeting. 3. Weekly Construction Meetings. 4. Project Documentation. 5 . Work Limitations. B. Construction Environment, Health, and Safety (EHS): 1. Construction Safety Program. 2 . Project Specific Safety Plan. 3. Hazardous Materials Control Plan. 4 . Project EHS Requirements . C. Work Site Security. D. Quality Control. E. Coordination: 1. Coordination. 2. Cutting and Patching. F. Temporary Facilities and Control: 1. Temporary Construction Facilities. 2. Temporary Utilities. 3. Protection of Property and Risk of Loss. 4 . Water and Erosion Control. 5 . Pollution and Dust Control. G. Execution Requirements : 1. Site Investigations and Representations. 2. Contractors Responsibilities for Utility Locations. 3. Layout Data. 4. Preservation, Restoration, and Cleanup. H. Closeout Procedures : 1. General. 2. Semifinal and Final Inspections . 3. Contract Closeout. 182239.T2.AS 1 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS Paragraph 2.0 3.0 4 .0 5.0 6.0 7.0 8.0 9.0 April 2008 Rev.O 2.0 ADMINISTRATIVE REQUIREMENTS A. Cost Controls: Within 5 working days after award of the Contract, submit a resource-loaded or cost-loaded (as requested by the Owner), time-scaled CPM schedule that is to a level of detail that permits the accurate assessment of progress . The schedule shall take into account the coordination of scheduling requirements of other contractors working on the project. This schedule is subject to the approval of the Owner and shall be the project schedule upon approval. Adjustments must be made in a timely manner so as not to impact the project coordination. Include a program for updating and reporting progress against the approved schedule . B. Preconstruction Meeting: 1. Within 5 days after the notice to commence construction or the start date specified in the Contract, the Owner will schedule and administer a preconstruction meeting with the Contractor and other contractors as Owner deems appropriate. 2. The preconstruction meeting shall include representatives from the Owner, CH2M HILL, Contractor's project manager and field superintendents, and such other contractors, subcontractors, major suppliers, and others as Owner deems appropriate. 3. The following items shall be included in the meeting agenda: 182239.T2.AS a. Designation of representatives for each party and their authority. b. Scope of work review. c . Construction schedule review, including delivery/storage of Owner- furnished equipment/material. d. Facilities and equipment review, including specific items to be provided by the Owner, CH2M HILL, or another contractor. e. Paperwork requirements, including proof of workers' compensation insurance and certificates of liability insurance. f. Design drawing transmittal and review process. g. Shop drawing submittal process and schedule . h. Proposal submittal process. 1. Extra work process. J. Design clarifications and information requests process. k. Progress billing process, including lien waivers. l. Connections to construction utilities . m. Special construction procedures requirements. n. Parking and access requirements . o. Safety and security requirements , including accident reporting. p. Working hours of crews, including procedures for overtime. q. Work site work rules. r. QA/QC discussion. s . Use of client's facilities. April 2008 2 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS Rev. 0 t. Maintaining as-built documents. u . Hazardous materials control procedures . C. Weekly Construction Meetings: 1. Provide an authori z ed representative to attend Owner's weekly construction progress meeting for the purpose of coordinating all phase s of the work with other contractors and material suppliers , discuss ion of safety issues , and for preparation of detailed weekly work schedules including ex pediting requirements. To the extent commitments and schedules developed in these meetings do not constitute a change, they shall be binding upon the Contractor to the same degree as the approved scope and schedule. 2. Attendance b y a Contractor's representative is mandatory when work is in progress. D . Project Documents -Maintain at the work site one copy of the following Contract Documents available at all times for inspection by Owner: 1. The Contract, including addenda, amendments , field orders, change orders , and other modifications to the Contract. 2 . Project specifications. 3. Project drawings provided by CH2M HILL , including additional drawings that may have been provided as a result of addenda, amendments, requests for information, clarifications, field orders , or change orders. 4. Reviewed shop drawings , product data, and samples. 5. Manufacturer's certificates , operation and maintenance manuals , warranties , inspection certificates and reports, field test records, permits, licenses , and other documents required by individual specification sections. E. Work Limitations: 1. Perform work during normal working hours unless otherwise mutually agreed upon with the Owner. 2 . Provide as little inconvenience as possible to Owner occupants of existing 3. 4. 5. 6. 182239.T2.AS structures . Schedule work in existing facilities and buildings with the Owner sufficiently in advance to enable Owner to make arrangements as may be required. Perform overtime work when defective work would result if deferred until the next regular-time work period and when emergency circumstances involving public welfare and safety or protection of property arise. Cameras or use of cameras on the property without permission of Owner is prohibited. Public Right-of-Way: a. No roadway, street, alley, emergency fire lane, or public passageway shall be closed or obstructed except as required by the work and then only after approval of those having jurisdiction over same. April 2008 3 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS Rev. 0 b. Use of streets and passageways shall be in accordance with directives from the Owner. c. Private rights-of-way (e.g., Owner traffic patterns) shall not be interrupted without authorization from the Owner. 3.0 CONSTRUCTION ENVIRONMENT, HEALTH, AND SAFETY A. Construction Safety Program: 1. Provide Contractor's Construction Safety and Health Program including Contractor's policies, procedures, and practices that demonstrates: 182239.T2.AS a. Management commitment and leadership. b. Assignment of safety responsibility. c. Identification and control of hazards. d. e . f. g . Employee education and training. Incident analysis and record keeping. Emergency planning and procedures. Conformance with applicable OSHA regulations (29 CFR Part 1926 or State program equivalent) including: 1) Subpart A -General. 2) Subpart B -General Interpretations. 3) Subpart C -General Safety and Health Provisions. 4) Subpart D -Occupational Health and Environmental Controls. 5) Subpart E -Personal Protective and Lifesaving Equipment. 6) Subpart F -Fire Protection and Prevention. 7) Subpart G -Signs, Signals and Barricades. 8) Subpart H-Materials Handling, Storage, Use, and Disposal. 9) Subpart I -Tools -Hand and Power. 10) Subpart J -Welding and Cutting. 11) Subpart K -Electrical. 12) Subpart L-Scaffolds. 13) Subpart M -Fall Protection. 14) Subpart N -Cranes, Derricks, Hoists , Elevators, and Conveyors. 15) Subpart O -Motor Vehicles, Mechanized Equipment, and Marine Operations. 16) Subpart P -Excavations. 17) Subpart Q-Concrete and Masonry Construction. 18) Subpart R -Steel Erection. 19) Subpart S -Tunnels and Shafts, Caissons, Cofferdams, and Compressed Air . 20) Subpart T -Demolition. 21) Subpart U -Blasting and Use of Explosives. 22) Subpart V -Power Transmission and Distribution. 23) Subpart W -Rollover Protective Structures, Overhead Protection. April 2008 4 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS Rev.0 24) Subpart X-Stairways and Ladders. 25) Subpart Y -Commercial Diving Operations. 26) Subpart Z-Toxic and Hazardous Substances. B. Project-Specific Safety Plan -Submit to Owner 10 days prior to beginning work, the Contractor's project-specific health and safety plan based on the preceding criteria in paragraphs 1.a through 1.g which coordinates with Owner's safety program, if any, addresses the safety criteria applicable to Contractor's work, and includes provisions for the following: 1. Contractor's designated, qualified, and authorized safety representative to supervise and enforce Contractor's compliance with the program. 2. Contractor's Hazard Communication Program, which conforms to OSHA regulation (29 CFR Part 1910.1200 or State program equivalent). 3. Contractor's Project Field Instructions including: a. Project information and description of major work phases. b. Project site description. c. Key personnel and emergency response contact information. d. Emergency response arrangements. e . Job hazard identification and control measures. f. Personal protective equipment use specifications. g. Health hazard identification and control. h. Safe work procedures . 1. Safe work practices. J. Employee safety education and training . k. Employee review and acknowledgement of the health and safety plan. C. Hazardous Materials Control Plan: 1. Submit to Owner, prior to bringing hazardous materials on the work site but no later than 30 days after the notice to proceed, Contractor's Hazardous Materials Control Plan. This plan shall coordinate with Owner's environmental program, if any, address the criteria applicable to Contractor's work, and include provisions for the following: 182239.T2.AS a. List of hazardous materials and material safety data sheet for each item listed. b. C. d. e. Personnel safety procedures to be instituted for handling hazardous materials. Measures to be instituted for material storage, labeling, dispensing, accidental discharge, spill prevention, and containment. Disposal methods for such materials. Cleanup measures, materials, or structures, necessary to prevent environmental contamination by such material in the event of a spill or accidental discharge. April 2008 5 SECTION O 1001 GENERAL CONSTRUCTION REQUIREMENTS Rev .O f. Name and contact information for Contractor's resources responsible for responding to an emergency involving hazardous materials. 2. Hazardous materials include any substances or mixtures which are : a. Carcinogenic. b. Toxic . c. Corrosive. d. An irritant. e. Strong sensitizer. f. Radioactive. g. Explosive. h. Pyrophoric . 1. Flammable. J. Combustible. k. Reactive. l. Generate pressure through decomposition or heat. D. Project Safety, Health, and Environment Requirements: 1. Contractor shall: a. b. C. d. e. f. 182239.T2.AS Perform work in a safe manner, comply with safety, health, and environmental requirements of the Contract Documents as issued by the Owner and comply with applicable laws, codes, ordinances, rules, regulations, and lawful orders of public authorities. Attend, prior to beginning work, a project safety orientation conducted by 0,wner. Have and exercise, full legal responsibility for compliance to safety, health, and environmental rules and regulations by itself, its agents, employees, material suppliers, vendors, and subcontractors with respect to its portion of the work on the project; and directly receive and respond to, defend, and be responsible for any citation, fine, or penalty by reason of Contractor's failure or failure of Contractor's agents, employees, material suppliers, vendors, and subcontractors to so comply. Have a representative on the work site when a lower tier subcontractor is performing any work, even if no work is being performed by Contractor's direct work forces. This representative shall be responsible for assuring that applicable safety, health, and environmental rules and regulations are observed and in addition shall be responsible for responding to medical emergencies related to subcontractor's employees or sub-subcontractors. Uniformly enforce a policy that states the disciplinary action to be applied when employees violate safety and environmental rules. This policy will be consistent with Owner's safety and environmental enforcement policy, if any. Provide first aid and medical treatment for its employees. April 2008 6 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS Rev.O g. h. 1. J. k. 182239 .T2.AS SECTION 01001 Provide safety and environmental training for its employees at its own expense , and document such training and provide copies to the Owner. Safety training shall include, but not be limited to : 1) Orientation to the safety and environmental policies and rules stipulated by the Owner, if any, prior to each employee 's initial work assignment on the project. 2) Orientation of supervisors to the safety and environmental policies and rules and their responsibility to enforce them. 3) Weekly toolbox talks on an appropriate safety and environment subject for all employees. 4) Hazardous materials training . 5) Special safety training for those affected ; such training shall include but not be limited to confined space entry, control of hazardous energy sources ( electrical lockout/tagout), welding and cutting permit procedures, excavation and shoring, fall protection, scaffolding, etc. 6) Specific instructions to its employees regarding the use of personal protective equipment, personal safe work practices , employee's obligations and rights under the Contractor's safety and environmental policies. The Contractor will provide at its own expense, required personal protective equipment for its employees and required safety equipment and supplies as needed. Conduct safety meetings with its employees and or supervision as necessary to ensure that safety and environment is adequately addressed in its work planning and execution. The Contractor will provide prior written notification of the time , place, and subject of the meetings and provide the Owner the opportunity to observe it. The Owner reserves the right to require changes necessary to comply with the project's safety rules and regulations. Provide to the Owner copies of material safety data sheets (MSDS) for hazardous materials that Contractor brings on the work site , prior to the arrival of the materials on the work site. When requested by Owner, provide training to the Owner's employees and employees of other parties who may be routinely exposed to the materials used by Contractor. Such training will be at no additional cost to the Owner. Provide a job safety analysis (JSA) identifying hazards before commencing each major phase or activity at the work site. The analysis will describe the plans and assign responsibility for hazard prevention or control of identified hazards . Provide Contractor's safety representative to accompany Owner's safety representative during periodic inspections of Contractor's work and safety activities and take prompt action to correct identified deficiencies . Satisfactory compliance shall be made within a specified time. If April 2008 7 GENERAL CONSTRUCTION REQUIREMENTS Rev.0 Contractor refuses to correct deficiencies , the Owner shall initiate appropriate actions in accordance with the Contract provisions and may take one or more of the following steps : 1) Cease the operation or a portion thereof (particularly in the case of an imminent danger). 2) Correct the situation and back charge the Contractor. 3) Stop or hold up payment for the work being performed. 4) Invoke Contract penalties and/or terminate the Contract. l. Attend a weekly site safety coordination meeting that will address results of periodic inspections , the safety or environmental related incidents , or injuries of the previous week, if any, and the necessary corrective measures including a plan for upcoming work and the related safety or environmental considerations. m. Provide notification to the Owner as follows: 1) Promptly report injuries or illnesses recorded on its OSHA 200 log, accidents resulting in property damage and environmental incidents, and follow up in writing within 24 hours. Within 2 working days , provide a written report documenting the identified cause(s) of the accident or incident and action(s) taken, or planned to preclude recurrence . A copy of each first report of injury shall be provided. 2) A weekly summary of occupational injuries, illnesses and environmental incidents including man-hours. 3) Immediately report fatal or serious occupational injuries or illnesses . Notify the Owner in writing if an injury or illness results in lost work time and the Contractor desires not to provide continued employment, on a modified basis , for its employees who sustain an on-the-job partially disabling injury or illness. This notification must be provided a minimum of 24 hours prior to the discontinuance of employment. This reporting is in addition to any reporting responsibilities that the Contractor may have to OSHA or any other agency . The Owner reserves the right to conduct an independent investigation at no additional cost to the Owner. 4) Immediately report OSHA inspections and provide the Owner an opportunity to observe the inspection. Provide a copy of citations received and Contractor responses issued as a result of such inspections within two working days of receipt or issuance. n. Protect the safety and convenience of the general public including residents adjacent to the work. 1) Perform work as necessary to protect the general public from hazards. 182239.T2.AS April 2008 8 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS Rev . 0 2) Construct and maintain satisfactory and substantial barriers with warning lights , lanterns , and proper signs as necessary or required for safety. o. Ensure that these Contractor safety, health, and environment requirements are passed on to its subcontractors. The Contractor shall hold the subcontractor responsible for compliance with these requirements. p. Appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program. 2. The duties of the Owner or CH2M HILL do not include a re view or approval of the adequacy of the Contractor's safety supervisor, the safety program , or safety measures taken in, on, or near the construction site. 4.0 WORK SITE SECURITY A. Security is the responsibility of the Contractor until acceptance of work by the Owner. The Owner and CH2M HILL do not assume responsibility at any time for the protection of the building and premises or for the loss of materials and/or equipment from the time that Contractor's operations have commenced until final acceptance of the work. Provide necessary security program and facilities to protect work from unauthorized entry, vandalism, and theft . B. No employee of Contractor, nor of its subcontractors, shall go to or be present in an area where the employee is not actively engaged in work, except when traveling between work location. Such travel shall be by a direct route . Use of any Owner facilities such as cafeteria, office space, restrooms is prohibited. Contractor 's employees will not be permitted to use Owner's parking facilities and shall park in areas designated by the Owner. C. Do not drive privately owned or leased vehicles inside the work site fenced area. Work site access passes for authorized vehicles will be limited and will be restricted to company vehicles. Passes will be issued by Owner and will be subject to applicable rules and regulations. D. Workers or visitor identification badges must be prominently displayed by all personnel when entering, working on, or leaving Owner's premises. Issue a badge to every employee or visitor when entering the site and collect the badge upon departure. Badges for workers will be picture identification badges issued by Owner designating the employer's name and the employee's identification number. Provide a current index showing each authorized employee when requested by Owner. Advise Owner when an employee is terminated from the project and no longer have access to the work site. E. Ensure that employee hard hats clearly identify the employer's company. 182239.T2 .AS 9 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS April 2008 Rev. 0 5.0 QUALITY CONTROL A. Develop and maintain a quality control (QC) manual to support compliance with the Contract Documents. Maintain quality control over suppliers, manufacturers, products, services, work site conditions, and workmanship to produce work of specified quality. 6.0 COORDINATION A. Coordination: 1. Cooperate with the Owner, other contractors, and utility companies on site in scheduling and coordination of activities in a manner that will provide the least interference of others' work and cooperate in the interfacing and connection of the separate elements of the overall project. The Owner and other contractors have the same obligation to cooperate and coordinate their work with Contractor. The Owner will issue such instruction as necessary. Abide and support the Owner's decision. 2. Coordinate the planned interruption of any services including, but not limited to , water, gas , oxygen, electric lights or power, and drainage systems, with the Owner. Advise Owner of the time, duration, extent, and type of any planned interruptions. Provide detailed plan in accordance with Owner's safety and operation and maintenance procedures. Make such interruption only after Owner has approved the plan. 3. Coordinate work of the various sections of the Specifications and Drawings to ensure efficient and orderly sequence of installation of construction elements with provisions for accommodating items installed later. 4. Locations of existing utility mains, trees, etc. are shown diagrammatically on the Drawings. Accuracy and completeness of this information is not guaranteed. Verify the size and location of utility lines, conduit, surface, or subsurface structures, etc ., that may affect the work. 5. Coordinate work with other contractors and subcontractors and share information with the other contractors to enable you and them to coordinate openings, relationship to structure, ducts, pipe, conduit, and other items as 6. 7. 8. 182239 .T2.AS required. Coordination meetings are mandatory in laying out pipe and duct runs and equipment locations. Review these layouts with other contractors, CH2M HILL, and the Owner prior to installation. Submit proposed method of support for review by CH2M HILL prior to fabrication of hanging or other support systems not specifically detailed on the Drawings. Verify that characteristics of elements of interrelated operating equipment are compatible; coordinate work with other contractors having interdependent April 2008 10 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS Rev. 0 responsibilities for installing , connecting to , and placing in service such equipment. 9. Do not endanger the work of other contractors by cutting, excavating, or otherwise altering their work. Prior to penetrating load-bearing walls or structural members not detailed in the Contract Documents , submit written notice thereof and obtain permission from the Owner and CH2M HILL before such work can proceed. 10. Coordinate space requirements and installation of mechanical and electrical work that is indicated on the Drawings . Follow routing shown for pipes , ducts, and conduit as closely as practicable; make runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations , maintenance, and repairs. 11. Provide clear access to equipment spaces. Do not obstruct placement or removal of equipment with conduit, ducts, utilities, or other facilities . 12. In finished areas, except as otherwise shown, conceal pipes, ducts , and wiring in the construction. Coordinate locations of fixtures and outlets with finish elements. 13 . During the progress of construction, it is expected that minor field relocations of the work will be necessary. Such relocations shall be made only by direction of the Owner. If the Contractor shall fail to so notify the Owner and proceed without such direction, Contractor shall do so at its own risk. B. Cutting and Patching: 1. Cut, fit, or patch work as required to make its several parts fit together properly, to uncover work, to provide for installation of ill-timed work, to remove samples of work as specified for inspection and testing, and to install work in existing construction . 2. Except as specifically permitted in the Contract Documents, do not cut or alter the work of another contractor except with the written consent of the Owner. 3. Coordinate requirements of openings for ducts, piping, conduit, and other penetrations required by construction with the Owner. Unless otherwise specified, such openings shall be provided by the contractor that performs the initial construction. In the event of the Contractor's failure to supply the Owner with information regarding the size and location of openings it requires in advance, cutting and patching that may be required shall be done at the expense of the negligent party. 4. Unless otherwise specified by the Owner, each contractor shall do cutting , fitting, or patching of its work that may be necessary to make said work coordinate with the work of other contractors , as shown or reasonably implied from the Contract Documents. In cases where the completion of the work of the Contractor is dependent upon work of various contractors , the timing of the work of each contractor will be determined by the Owner. 182239.T2.AS 11 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS April 2008 Rev. 0 5 . Seal penetrations through nonfire-rated construction with permanently flexible material. Oversized openings in nonrated construction, where the annular space around penetrants e x ceeds 1 foot , shall be closed by the contractor responsible for the initial construction, at the expense of the responsible party. 6. Close penetrations through or between fire rated walls , floors , and roofs . Provide sleev ing , coring, or cutting of fire-rated construction as described in the approved , UL-listed firestop assembly. Sleeving, cutting, or coring not provided as so described shall be corrected at no cost to the Owner. Installation of firestopping material shall be performed using an approved method or system and by personnel approved by the manufacturer. 7. Permission to patch or repair damaged areas or items of work shall not constitute a waiver of the Owner's right to require complete removal and replacement of work if, in the Owner's opinion, the patching or repairing does not satisfactorily restore the quality or appearance of the work. 7 .0 TEMPORARY FACILITIES AND CONTROLS A. Temporary Construction Facilities: 1. Before moving onto the work site , submit for approval a layout of the site showing location of security fencing , office areas , storage areas , workshops , and other temporary facilities consistent with Owner guidelines. 2. Confine operations at the work site to areas permitted by law, ordinances, permits, and the Contract Documents. Provide and locate or erect temporary buildings ( change houses, trailers, plan rooms , offices, etc., but not major storage yards, layout and fabrication yards , equipment repair facilities, or Contractor personnel parking) within the indicated limits of construction with the approval of the Owner. Such temporary buildings, together with the necessary utilities, shall remain the property of the Contractor. 3. Do not unreasonably encumber the work site with materials or equipment. Operations of the Contractor (including storage of materials and equipment upon the work site) shall be confined to the area shown on the Drawings or where otherwise approved in writing by the Owner. No unauthorized or unwarranted entry, passage through, or storage or disposal of materials shall be made upon the premises. Move stored products that interfere with the operations of other subcontractors. 4. Confine traffic to the rights-of-way of the work site and repair damage resulting from Contractor traffic to the satisfaction of the Owner. Road usage must be shared and coordinated among all users. Use assigned gates only. Always maintain Owner's access to its property. Maintain your temporary laydown areas . Keep work areas, walkways, roadways , and laydown areas that are under your control free from snow and ice. 5. Locate major storage yards , layout and fabrication yards , equipment repair facilities , etc., in space assigned by the Owner. Provide temporary 182239.T2.AS 12 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS April 2008 Rev. 0 improvements including , but not limited to, site drainage, fencing, lighting, electric power, etc., as required. Obtain and pay for the use of additional offsite storage or work areas needed for the Contractor's construction activities. 6. Provide break area for Contractor's personnel including adequate waste containers for food waste and garbage. Instruct personnel and subcontractor personnel that Owner's vending machines are not to be used, and take other necessary action to ensure that instructions are followed. Provide vending machines near break area as desired. B. Temporary Utilities: 1. Electricity and Lighting : a. Provide electricity necessary for construction activities. Provide distribution of temporary electrical power from the source to the point of use including necessary extension cords, transformers, and protective devices. b . Owner will provide and pay for temporary electrical power from those sources described in paragraph 1.a above, except those requirements beyond the capability of Owner's permanent system and the sources described above. Electrical requirements such as welders and requirements too far removed from the source will be Contractor's responsibility . c. Temporary installations shall meet applicable OSHA, state, and local codes, regulations and other requirements. Do not plug into permanent receptacles without specific permission or instruction from Owner. Any unplanned service interruption on Owner's facility is unacceptable. d. If the permanent electrical power system is not available for use at the time of Contractor's mobilization, provide electrical power required by its operations until such time that Owner authorizes connection and use of the permanent electrical power system. For this purpose, provide an alternative mobilization cost for establishing the means to provide temporary electrical power and an alternative daily cost for providing and maintaining temporary electrical power until such power is available from the permanent system. e. Provide lighting necessary for construction activities and to satisfy safety and security requirements. 2. Heat and Ventilation: a. 182239.T2.AS Provide as required to maintain specified conditions for construction operations, worker comfort, and to protect materials and finishes from damage due to temperature or humidity. Provide power to temporary units in a safe and efficient manner until an acceptable power source is available from others. April 2008 13 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS Rev. 0 b . Provide ventilation of enclosed areas to cure materials , to disperse humidity, and to prevent accumulations of dust, fumes, vapors , or gases. c . Associated costs shall be paid by the Contractor. 3. Water: Water service does exist on site. a. Construction Water: Provide service required for construction operations. Limited amounts of water for construction use and for washup will be available without charge onsite at a designated point. Provide temporary connections as required including hoses, nozzles , buckets , etc. Observe good housekeeping practices in the area of the connection point at all times. b. Potable Water: Furnish containers , ice , distribution system, etc., for potable water as required for Contractor's personnel and its field office. No Contractor personnel ( or any of its subcontractors' employees) are permitted to use permanent wash rooms, drinking fountains , or locker rooms of the Owner. c. Waste Management: Provide for disposal of garbage and debris in accordance with regulatory and Owner requirements. Provide and enforce the use of proper receptacles for disposal of food wrappers and containers, empty daily. Segregate food related trash from construction- related trash and debris. 4. Telephone Services : Arrange and pay for individual telephone and fax service , if desired , at the field office. 5. Gases: Provide compressed air, oxygen, welding gases, and other expendables required in the performance of work. C. Protection of Property and Risk of Loss: 1. Until final acceptance of work, the Contractor shall be responsible for the care , custody, control, safekeeping, and preservation of work and materials, equipment, supplies, and other things relating to work furnished by the Owner. Promptly repair or replace such if damaged or lost. 2 . Provide temporary protection for installed products. Continuously maintain adequate protection of work and work in progress from loss and damage in a manner satisfactory to the Owner. Work and work in progress includes goods, materials , and equipment furnished by others, whether in storage on or off the work site or otherwise handled in a way that is under the care, custody, or control of the Contractor or its subcontractors . 3 . 4 . 182239.T2 .AS Place and operate construction equipment, tools, and facilities in such a manner that new and existing work will not be damaged by vibration, smoke, dust , water, falling debris, concrete , or any other cause. Protect sidewalks, steps, and ramps from heavy equipment traffic. Repair damage to roads , walks, and structures caused by your equipment or personnel. Adequately protect adjacent private and public property as provided by terms of permits, applicable laws , rules and regulations, and the Contract Documents . April 2008 14 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS Rev .O Provide temporary protection of occupi ed and operating areas of Owner's existing plant or facilities. Protect other property at the work site or adjacent thereto , including , but not limited to, trees , shrubs , lawns , walks , pavements , roadways, structures, and utilities from damages caused by work. 5. Provide barriers around trees and plants designated to remain. Protect against vehicular traffic , stored materials , dumping, chemically injurious materials, and puddling or continuous running water. 6. Provide protection of work from freezing , rain , wind , and other elements of the weather that would be harmful to it. Furnish fuel, protective shelters, or temporary buildings and temporary heating as required for the prosecution and protection of work and keep work areas free of water. Coal and kerosene-type salamander sto ves, pots , and open fires will not be permitted . 7. Provide protection coverings at walls, projections, jambs, sills , and soffits of openings. Protect finished floors and stairs from traffic , movement of heavy objects, and storage. 8. Prohibit traffic and storage on waterproofed and roofed surfaces , lawn , and landscaped areas . When unavoidable, protect surfaces from puncture , bum, or other damage when working above or on such surfaces . Pick up screws , nails, metal scraps, and other objects that may damage the surface. 9. Provide shoring , bracing, and supports as necessary to maintain the structural integrity of the project to the extent threatened or potentially threatened by work. Excavating required shall be performed by methods that will prevent damage to other work. Provide and maintain adequate temporary supports, shores, and bracing as necessary to maintain the structural integrity of the project and to keep work safe from failure or damage due to loads that may be imposed on structures during construction. Excavating required shall be performed by methods that prevent damage to other work or existing facilities. 10. Do not load structures with weight that will endanger it. 11. Provide barriers as required to prevent public entry to construction areas and to protect existing facilities and adjacent properties from damage from construction operations. Control traffic in immediate area to minimize damage. 12. Provide temporary, weathertight closures of openings in exterior surfaces to provide acceptable working conditions and protection for materials to allow for temporary heating and to prevent entry of unauthorized persons. The temporary closures shall be maintained until permanent doors and windows are in place and operational. D. Water and Erosion Control: 1. Provide methods to control surface water to prevent damage to the project, the site , or adjoining properties. Control fill , grading, and ditching to direct surface drainage away from excavations, other construction areas, and to direct drainage to proper drainage facilities. 182239 .T2 .AS 15 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS April 2008 Rev. 0 2. Provide, operate , and maintain equipment of adequate capacity to control surface water and groundwater as necessary. 3. Dispose of drainage water in a manner to prevent flooding, erosion, or other damage the site or to adjoining areas. 4. Plan and execute construction earthwork methods to control surface drainage from cuts and fills and prevent erosion and sedimentation. a. Rough grade site to prevent standing water and to direct surface drainage away from excavations , adjoining properties, and public right of way. b. Hold the areas of bare soil exposed at one time to a minimum. 5. Construct fill areas by selective placement to eliminate surfaces which will erode. E. Pollution and Dust Control: 1. Provide methods, means , and facilities required to prevent contamination of soil, water, or the atmosphere by the discharge of noxious substances from Contractor's construction operations. 2. Provide equipment and personnel and perform emergency measures required to contain spillage and to remove contaminated soils or liquids. Excavate and dispose of contaminated earth off site and replace with suitable compacted fill and topsoil. 3. Take special measures to prevent harmful substances from entering public waters. Prevent disposal of wastes, effluents, chemicals, or other such substances adjacent to ponds or in sanitary or storm sewers . 4. Equipment or material used for the construction of the project that produces toxic fumes may be used at times specified by the Owner. 5. Screen noisy equipment with temporary enclosures to shield adjacent areas as much as possible. 6. Provide scrubber devices on the exhaust of gas driven equipment used inside a building or other enclosed space. 7. Provide positive methods and apply dust control materials to minimize raising dust from construction operations and provide positive means to prevent airborne dust from dispersing into the atmosphere. 8. Burning or burying of waste materials on the work site is prohibited. 8.0 EXECUTION REQUIREMENTS A. Site Investigation and Representation: 1. Contractor acknowledges satisfaction as to the nature and location of work; the general and local conditions , particularly those bearing upon availability of transportation, access to the work site , disposal , handling, and storage of materials, availability of labor, water, electric power, and roads , telephone communications waste and sewage disposal and uncertainties of weather or similar physical conditions at the work site; the conformation and conditions of 182239.T2.AS 16 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS April 2008 Rev. 0 the ground; the character of equipment and facilities needed preliminary to and during the prosecution of work; and other matters that can affect work or the cost thereof under this Contract. 2. Contractor further acknowledges satisfaction as to character, quality , and quantity of surface and subsurface materials to be encountered from it s inspection of the work site and from reviewing available records of exploratory work furnished by the Owner or included in the Contract Documents. Failure by Contractor to become acquainted with the physical conditions of the work site and the available information will not relieve the Contractor from responsibility for properly estimating the difficulty or cost of successfully performing work. B. Contractor's Responsibility for Utility Location: 1. Known utilities and structures adjacent to or within the limits of work are shown on the Drawings . The locations shown are taken from existing records and the best information available from existing utility plans; however, it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. 2 . Where Contractor's operations could cause damage or inconvenience to telegraph , telephone , television, power, oil , gas , water, sewer, or irrigation systems, suspend operations until Contractor has made arrangements necessary for the protection of these utilities and services. Employ or secure services as necessary to locate or verify the location of utilities. 3. Notify utility offices that could be affected by work at least 48 hours in advance. Do not expose utilities without first obtaining permission from the appropriate agency. Once permission has been granted, locate , expose, and provide temporary support for existing underground utilities. 4 . Neither the Owner nor its officers or agents shall be responsible to Contractor for damages as a result of Contractor's failure to locate and protect utilities encountered in work. 5. Tag stubouts for underground utilities such as plumbing, mechanical , automatic fire sprinkler, and water with weatherproof identification tags. C. Layout Data: 1. Baselines : 182239 .T2 .AS a. The Owner will provide two reference baselines and a single permanent benchmark to be used by the Contractors for layout work. Verify and agree to the accuracy of this data prior to commencing any layout work. b. Notify Owner, in writing, if an apparent error in survey locations furnished by Owner is discovered. Request resolution. In no case shall the Contractor claim delay due to an apparent error to Owner-furnished locations except for instances in which the Owner failed to provide prompt direction upon receipt of Contractor's notice of an apparent error. April 2008 17 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS Rev.0 c. The responsibility for the accuracy of the layout of work obtained from these baselines and benchmarks is solely that of the Contractor. d. Furnish, at Contractor's expense, stakes, spikes, steel pins, templates , platforms , equipment, tools, and materials and labor required to lay out the work from the benchmark and baselines established by Owner. e. Maintain and preserve stakes and other markers established by Contractor until no longer required. f. Replace, at Contractor's expense, the control points established at the site by Owner, if destroyed by or through Contractor's negligence prior to their authorized removal. Owner may require work to be suspended when horizontal or vertical control points established at the work site by Contractor are not adequate to permit checking the work. Such suspension will be withdrawn upon proper replacement of the control points . 2. Record Contractor's survey data in accordance with standard and approved methods. Make available field notes, sketches, recordings , and computations made by the Contractor in establishing horizontal and vertical control points during the progress of work for ready examination by the Owner. 3. Dimension Verification: a. Before ordering material or doing work, take or verify measurements as may be required for the proper fitting of Contractor's work or other adjoining work. The Contractor is responsible for the correctness of its figures and shall satisfactorily correct work that does not fit, and furnish new work, if necessary, without charge to the Owner. Extra charges will not be allowed on account of differences between actual dimensions and the measurements indicated on the Drawings. b. In case of a discrepancy or conflict with given data, notify Owner in writing prior to proceeding with the affected work. D . Preservation, Restoration, and Cleanup: 1. Keep the work site orderly and neat on a daily basis. Maintain a level of cleanliness acceptable to Owner. Rubbish shall not be allowed to accumulate anywhere on the work site. 2. Provide for regular maintenance of temporary toilets and replacement of waste containers when full. 3. Keep the paved streets bordering the work site clean from material tracked off site. Wash and/or sweep the streets daily if material begins to accumulate. 4. Smoking and eating will be allowed on the work site only in designated areas . Owner will identify the areas after award of the Contract. 5. Remove temporary materials, equipment, services, and construction prior to substantial completion inspection. Clear areas used by the Contractor for temporary structures, rubbish, and waste materials and properly grade to drain and blend in with the abutting property. Finish areas used for the deposit of 182239.T2.AS 18 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS April 2008 Rev . 0 waste materials to properly drain and blend with the surrounding terrain. Clear and restore staging areas to the original condition when the Contractor moved onto the work site. Correct damage, changes , or alterations , made by the Contractor to storage or laydown areas during construction prior to demobilization. Areas shall be returned to the condition that existed prior to arrival at the work site. 6 . Clean and repair damage caused by installation or use of temporary facilities . Remove temporary underground installations. Grade site to drain. 7 . Replace filters and clean system internals if permanent air-handling support equipment is used prior to acceptance by the Owner. 8. Thoroughly clean parts of the installation at the completion of work. Clean up and remove from the premises refuse material , crates , and rubbish arising from work. 9 . Remove temporary drainage and erosion protection systems when no longer required. 9.0 CLOSEOUT PROCEDURES A. General : 1. This Section contains requirements and procedures for submittal of pertinent data relating to closing out work upon completion of work. Detailed instructions elsewhere in these Specifications may require that certain items listed herein be submitted prior to the Substantial Completion date. Receipt and review of items specified in this Section are prerequisites for final payment. 2. At the completion of work, the site occupied by the Contractor shall be brought back to its original condition. With the written consent of the Owner, improvements made by the Contractor may be abandoned and not removed and will then become the property of the Owner. B. Semifinal and Final Inspections: 1. When the Contractor is of the opinion that the project is substantially complete , request inspections as required by the Contract terms. Such notice shall be given at least 3 working days before the requested inspection date. 2. If because of acts or omissions of the Contractor, CH2M HILL is required to conduct more than one final inspection of the project, CH2M HILL may charge the Owner for the additional services required , and such costs will be deducted from the money still due the Contractor. 3 . Submit the following project documents to the Owner for review by CH2M HILL prior to completing the punch list of incomplete or uncorrected items : a. Required operation and maintenance manuals . b. Warranties and bonds. c . As-built drawings. 182239.T2.AS 19 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS April 2008 Rev.O 4. When all items on the punch list are completed and corrected, send to the Owner a statement that the project is complete and request a final inspection. An acceptable final inspection by Owner is required before acceptance and final payment. 5. Schedule and conduct the final inspection at a time arrived at with the Owner. The final inspection shall include a complete checkout and test of mechanical and electrical systems, architectural and structural devices, etc. For this purpose, each trade concerned shall provide a skilled operating engineer or technician for a period of at least 1-day. Test all systems and devices and demonstrate the complete operation and required maintenance of each. 6 . Make changes to the Contract Documents identified by the Owner and CH2M HILL and resubmit the final documents. C. Contract Closeout: 1. At the conclusion of work, tum over to Owner and obtain signed receipts for keys to lockable doors, panels, gates, controls, etc., properly identified and tagged. 2. Submit final application for payment in accordance with the Contract. 3. Complete and deliver to the Owner the following items (as applicable) prior to final payment. a. Verification of completion of the punch list. b. Fully executed certificate of Substantial Completion. c. Local, state, or federal inspections and/or certifications. d. 2-year workmanship and materials guarantee. e. Wood door guarantee. f. Operation and maintenance manuals (six sets). g . Project as-built documents. h. Contractor lien release. 1. Consent of surety. J. Response to field orders. k. Change orders fully executed. l. Approval of final pay application. m . Spare parts and maintenance materials. END OF SECTION 182239.T2.AS 20 SECTION 01001 GENERAL CONSTRUCTION REQUIREMENTS April 2008 Rev. 0 1.0 GENERAL SECTION 01110 SUMMARY OF WORK A. The project consists of the construction of: 1. Access control , intrusion detection, CCTV surveillance , and intelligent video motion detection system. The project also includes the integration of the existing access control system and CCTV surveillance system with the proposed system. 2. The property is located at 4500 Wilma Lane, Arlington, Texas. B. Basis of Design: 1. Access Control System: Software House. 2 . CCTV System: Pelco 3. Intelligent Video Motion Protection System : Vistascape Security Systems. C. This package consists of the construction of electronic security improvements for the following Fort Worth Water Department facilities: 1. Village Creek Wastewater Treatment Facility 182239.T2.AS SECTION 011 lOB SUMMARY OF WORK END OF SECTION April 2008 Rev. 0 PART 1 --GENERAL 1.1 WORK INCLUDED SECTION 02820 FENCES AND GATES A. This Section specifies the work necessary to furnish and install fence and gate(s), and welded wire mesh fence and gate(s), including removal of a portion of existing fence and reinstalling the materials , as shown on Drawings. B. Furnish and install a complete and functional microprocessor based vehicular gate operator system as required by the manufacturer. 1.2 RELATED WORK A. This Section shall be used in conjunction with the following other specifications and related Contract Documents to establish the total requirements for fence and gates: 1. The Contract. 2. Division 1 sections included in the project specifications. B. CAUTION: Use of this Section without including the above-listed items results in omission of basic requirements. 1.3 SUBMITTALS A. Provide the following within 2 weeks of Contract award: 1. Manufacturer's information and specifications for materials, finishes , dimensions, and installation instructions. 2. Color samples. 3. Manufacturer's recommended installation instructions. 4. Evidence of fence and gate operator installer qualifications. 1.4 QUALITY ASSURANCE A. Fence installation shall be performed by a firm experienced with fences and gates on projects comparable to this project. B. Fence installation shall meet the wind loading at the location of installation. 182239.T2.AS SECTION 02820 FENCES AND GA TES 1 April 2008 Rev. 0 PART 2 --PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS (BASIS OF DESIGN) A. American Steel and Wire Division , U.S. Steel Corporation, Chicago , Illinois. B. American Tube Comp any, Phoenix , Ar izona. C. Colorbond Corporation , Raritan , New Jersey . D. Cyclone Fence , U.S . Ste.el Corporation, Chicago , Illinois . E. Stanley Automatic Openers , Detroit, Michigan. 2.2 GENERAL A. Materials shall be new and products of recognized, reputable manufacturers . Used , rerolled , or regalvanized materials are not acceptable . B. Match style, finish , and color of each fence component with that of other fence components. 2.3 CHAIN LINK FENCE FABRIC A. Galvanized fabric conforming to ASTM A392 , Class 1; galvanized after weaving. B. Aluminum-coated fabric conforming to ASTM A491 may be substituted for galvanized fabric. C. Height: 72 inches unless otherwise shown. D. Wire Gauge: No. 9. E. Pattern: 2-inch diamond mesh. F. Diamond Count : manufacturer's standard and consistent for fabric furnished of same height. G. Loops of Knuckled Selvages: closed or nearly closed with space not exceeding diameter of wire. H. Wires of Twisted Selvages : 1. Twisted in a closed helix three full turns. 2. Cut at an angle to provide sharp barbs that extend minimum 1/4 inch beyond twist. 182239.T2 .AS SECTION 02820 FENCES AND GA TES 2 April 2008 Rev. 0 2.4 POSTS A. General: 1. Strength and Stiffness Requirements : ASTM Fl 043 , heavy industrial fence, except as modified in this Section. 2. Steel Pipe : ASTM F1083 . 3. Roll-Formed Steel Shapes: roll formed from ASTM AlOl 1, Grade 45 , steel. 4 . Lengths : manufacturer's standa rd with allowance for minimum embedment below finished grade of 22 inches plus 3 inches for each 1 foot of fence height greater than 4 feet. 5. Protective Coatings: a. Zinc Coating: ASTM F1043 , Type A, external and internal coating . B. Line Posts: 1. Steel Pipe: a . Outside Diameter: 2.375 inches. b. Weight: 3.65pounds per foot, Group IA, or 3.12, Group IC. 2. Roll-Formed Steel C Shape: a. Outside Dimensions: 2.25 inches by 1.625 inches. b. Weight: 2. 7 pounds per foot. 3. Steel H Section: a. Outside Dimensions: 2.25 inches by 1.7 inches . b. Weight: 3 .26 pounds per foot. C. Terminal, End, Comer, Angle, and Pull Posts: 1. Steel Pipe: a . Outside Diameter: 2.875 inches. b. Weight: 5.79 pounds per foot, Group IA, or 4.64, Group IC. D. Posts for Swing Gates: fabric height up to 8 feet. Gate Leaf Width Minimum Gate Post Dimensions 6 feet or less 2.875 inches OD , 4.64 pounds per foot Over 6 feet to 12 feet 4.000 inches OD , 8.65 pounds per foot Over 12 feet to 18 feet 6.625 inches OD , 18.02 pounds per foot Over 18 feet to 24 feet 8.625 inches OD , 27 .12 pounds per foot 2.5 TOP RAILS AND BRACE RAILS A. Galvanized steel pipe or roll-formed steel C shapes. 182239.T2.AS SECTION 02820 FENCES AND GA TES 3 April 2008 Rev. 0 B. Protective Coatings : as specified for posts . C. Strength and Stiffness Requirements: ASTM Fl 043 , top rail, heavy or light industrial fence . D . Steel Pipe: 1. ASTM Fl 083 . 2. Outside Diameter: 1.66 inches . 3. Weight: 2.27 pounds per foot. E. Roll-Formed Steel C Shapes: 1. Roll formed from ASTM Al 011 , Grade 45. 2. Outside Dimensions: 1.625 inches by 1.25 inches. 3. Weight: 1.4 pounds per foot. 2.6 FENCE FITTINGS A. General: in conformance with ASTM F626, except as modified by this article . B. Post and Line Caps: designed to accommodate passage of top rail through cap where top rail required. C. Tension and Brace Bands: no exceptions to ASTM F626. D. Tension Bars: 1. One piece . 2. Equal in length to full height of fabric. E. Truss Rod Assembly: 3/8-inch diameter. F. Barb Arms: Use either vertical, Y, or 45 degree arms for supporting three strands of barbed wire, to match existing site fence configuration. 2.7 TENSION WIRE A. Aluminum or zinc coated steel marcelled tension wire conforming to ASTM A824. 2.8 BARBED WIRE A. Zinc-Coated Barbed Wire, ASTM Al 21 , Chain Link Fence Grade: 1. Line Wire: two strands of 12 1/2 gauge . 2. Barbs: a. b. C. 182239.T2 .AS SECTION 02820 FENCES AND GA TES Number of Points: four. Length: 3/8 inch minimum. Shape: round. 4 April 2008 Rev. 0 ' d. Diameter: 14 gauge. e. Spacing: 5 inches. B. Aluminum-Coated Barbed Wire: ASTM A121, Type I. 2.9 BARBED TAPE OBSTACLE A. Stainless Steel Strip: ASTM Al 76, Type 430, hardened to Rockwell (30N) 37-41, 1 inch wide by 0.25 inch thick before roll forming . B. Reinforcement Wire: 0.098-inch-diameter spring steel having a tensile strength of 220,000 psi, galvanized in accordance with ASTM A641, Class 3. C. Permanently cold clench stainless steel strip about reinforcement wire. Minimum wrap shall be 230 degrees. D. Barb Clusters: four 1.2-inch-long ( center of cluster to tip) barbs on 4-inch centers. Cut away flange area of each barb . E . Roll Diameter: 18 inches in package. 2.10 GATES A. General: 1. Gate Operation: opened and closed easily by one person. 2. Steel Pipe Frames: a. ASTM F1083. b. Outside Diameter: 1.9 inches. c. Weight: 2. 72 pounds per foot. 3. Welded Steel Joints: paint with zinc-based paint. 4. Vertical Intermediate Bracing: not more than 8 feet apart. 5. Chain Link Fabric: attached securely to gate frame at intervals not exceeding 15 inches. 6. Gate Leaves 10 Feet or Over: Provide horizontal brace or one, 5/16-inch minimum, diagonal truss rod. 7. Barbed Wire Top: three strands, uniformly spaced, with top strand 1 foot above top of gate frame . B. Swing Gates: ASTM F900. 1. Hinges: a. Furnished with large bearing surfaces for clamping in position. b. Designed to swing either 180 degrees outward, 180 degrees inward, or 90 degrees in or out as shown and not twist or tum under action of gate. 2. Latches: plunger bar arranged to engage stop, except single gates of openings less than 10 feet wide may each have forked latch. 182239.T2.AS SECTION 02820 FENCES AND GATES 5 April 2008 Rev. 0 a. Latch is padlockable with protection against bolt cutters with high security lock guard . b. Gate latch protector: 24 inch by 4 inch latch guard , 16 gauge galvinized steel , silver powder coated finish , stainless steel fastners. 3. Gate Stops: mushroom type or flush plate with anchors suitable for setting in concrete . 4 . Locking Device and Padlock Eyes: integral part of latch requiring one padlock for locking both gate leaves of double gates . 5. Hold-Open Keepers: designed to automatically engage gate leaf and hold it in open position until manually released. C. Cantilever and Overhead Sliding Gates : 1. ASTM Fl 184, Type I. 2. Cantilever Gate Support Posts : spaced on maximum 10-foot centers. D . Rolling Gates: 1. Track Rollers: malleable iron or heavy pressed steel with provision for grease lubrication. 2. Ground Rollers : malleable iron or heavy pressed steel with provision for grease lubrication. 3. Support Posts: spaced on maximum 7-foot centers. 4. Gates more than 8 feet in height shall have three tracks. 5. Frames : ASTM F1184, Type I. 6. Gate Accessories : ASTM Fl 184. 2.11 PANIC DOOR HARDWARE A. Description: UL-listed exit device for panic hardware at exterior gates with a security mounting plate to prevent unauthorized openings. B. Panic Door Hardware: 1. UL-listed for panic door hardware and meets IBC standards . 2. Weatherized: Conforms to MIL-STD 810F Methods 506.4 and 509.4 . 3. Security mounting plate: Adjustable width per gate dimensions by 24 inch, 16 gauge galvanized steel plate, silver powdered coated finish. 4 . Fasteners: stainless-steel , tamper resistant. 2.12 VEHICLE GATE OPERATORS A. Acceptable Manufacturer: Model 6100 (Swing Gate Operator), Model 9150 (Slide Gate Operator), Model 6300 (Ornamental Gates), Model 1601 (High Speed Gate), DoorKing , Incorporated, Inglewood, California,. 182239.T2.AS SECTION 02820 FENCES AND GATES 6 April 2008 Rev. 0 2.13 REMOVABLE FENCE PANELS A. Panel Length : 1. Equal division of total length of removable fence section. 2. Maximum 10 feet. B. Frames: ASTM Fl 184, Type I. 2.14 CONCRETE A. Mix: ASTM C94, Option A . 1. Cement: ASTM C150 , Type I. 2. Coarse Aggregate Size: 1 inch maximum . 3. Minimum Compressive Strength at 28 Days: 2 ,500 psi. 2.15 ORNAMENTAL FENCE AND GATES A. Pickets: ASTM A500 Grade A steel tubular pickets shall be I-inch x I-inch and 16 Ga or thicker. B. Fence Rails: ASTM A500 Grade A steel rails shall be 1-1/2-inch by 1-1/2-inch and 14 Ga or thicker. C. Fence Posts: ASTM A500 Grade A square steel tubular members shall be 4-inch by 4-inch and 11 Ga or thicker. D. Panel lengths shall be of equal division of total length and shall be not exceed 8 feet for each panel E . Gates. All gates shall be constructed in accordance with ASTM F2200-02 and the following criteria. 1. Sliding Gates: 2. a. Posts: ASTM A500 Grade A square steel tubular members shall be 4-inch by 4-inch and 11 Ga or thicker. b. Frame: ASTM A500 Grade A steel tubular members shall be 2-inch by 4-inch and 14 Ga or thicker. Swing Gates: a. Posts: ASTM A500 Grade A square steel tubular members shall be 4-inch by 4-inch and ll,i -inch wall or thicker. b. Frame: ASTM A500 Grade A steel tubular members shall be 2-inch by 2-inch and 14 Ga or thicker. c . Hinges: 7-inch barrel type 182239:T2.AS SECTION 02820 FENCES AND GA TES 7 April 2008 Rev. 0 D . Finish: All pickets , channels , frames , posts , fittings and accessories shall be coated using a modified alkyed resin primer 3.0-4.0 dry film thickness . Sherwin-Williams Kem Kromik B50NZ6 or equal. 2 .16 GATE OPERATO CONTROL SENSORS A. Contractor shall design , furnish and install gate operator control sensors as necessary for safe and proper operation of all gates. Embedded loop sensors shall be 14 Ga wire with XLPE insulation. PART 3 --EXECUTION 3.1 GENERAL A. Install fences and gates in accordance with ASTM F567 ( except as modified in this Section) and in accordance with fence manufacturer's recommendations as approved by CH2M HILL. Erect fencing in straight lines between angle points . B. Provide necessary hardware for a complete fence and gate installation. 3.2 FIELD PREPARATION A. Establish locations of fence lines , gates, and terminal posts. 3.3 POST SETTING A. Driven posts are not acceptable. B . Post Hole Depth: minimum 2 inches deeper than post embedment depth below finished grade. C. Post Hole Diameter: 1. Line Posts: 9 inches. 2. Gate, Comer, and Pull Posts: 16 inches. D . Set posts with minimum embedment below finished grade of22 inches plus 3 inches for each 1 foot of fence height greater than 4 feet and with top rail at proper height above finished grade. Brace posts as necessary to maintain correct position and plumb until concrete sets. E. Backfill post holes with concrete to 2 inches above finished grade . F. Before concrete sets, crown and finish top of concrete to readily shed water. 182239.T2.AS SECTION 02820 FENCES AND GATES 8 April 2008 Rev.O 3.4 BRACING A. Brace gate and comer posts diagonally to adjacent line posts to ensure stability. 3.5 TOP RAILS A. Install top rail sleeves with springs at 105-foot maximum spacing to permit expansion in rail. 3 .6 CHAIN LINK FABRIC A. Do not install fabric until concrete has cured minimum 7 days. 3.7 BARBED WIRE A. Each top fence outrigger, install three strands of barbed wire on brackets, tighten, and secure at each bracket. 3.8 BARBED TAPE OBSTACLE A. Attach loops to top rail on 12-inch centers. 3.9 GATES A. Hang gates and adjust hardware so gates operate satisfactorily from open or closed position. B. Set gate stops in concrete to engage center drop rod or plunger bar. 3.10 VEHICULAR GATE OPERATORS A. All equipment and work shall meet the requirements of the Door King gate operator model specifications. 3.11 FINISH GRADE A. Furnish and install two inch deep % minus aggregate within six inches of both sides of fence line and gate lines. 3.12 ELECTRICAL GROUNDING A. Ground fences in accordance with applicable requirements of IEEE Chapter 2, National Electrical Safety Code. 182239.T2.AS SECTION 02820 FENCES AND GA TES April 2008 9 Rev. 0 3.13 FIELD QUALITY CONTROL A. Gate Tests: Prior to acceptance of installed gates and gate operator systems, demonstrate proper operation of gates under each possible open and close condition. 182239 .T2.AS SECTION 02820 FENCES AND GATES END OF SECTION 10 April 2008 Rev.O PART 1 --GENERAL 1.1 WORK INCLUDED SECTION 08710 DOOR HARDWARE A. This Section specifies the requirements nec essary to furnish and install hardware for wood , hollow steel, and aluminum doors , including , but not necessarily limited to: 1. Hinges. 2. Lock cylinders and keys . 3 . Lock and latch sets . 4. Padlocks and hasps. 5. Bolts. 6. Exit devices. 7. Push/pulls. 8. Closers. 9. Overhead holders. 10 . Coordinators. 11. Kick, mop, and armor plates . 12. Door gaskets. 13. Thresholds. 14. Astragals or meeting seals on pairs of doors . 15. Electric strikes. 1.2 RELATED WORK A. Use this Section in conjunction with the following other specifications and related Contract Documents to establish the total requirements for door hardware: 1. The Contract. 2. Division 1 sections included in the project specifications. 3. Section 13700-Security/ Access Control System. B. CAUTION: Use of this Section without including the above-listed items results in omission of basic requirements. 1.3 WARRANTY A. Provide a 1-year warranty for hardware items , except provide manufacturer's standard 10-year warranty for surface and concealed overhead closers. 182239.T2.AS SECTION 08710 DOOR HARDWARE Arpil 2008 1 Rev.O 1.4 REGULATORY REQUIREMENTS A. Conform to applicable building code for requirements applicable to fire-rated doors and frames. B . Fire-Rated Openings: Provide door hardware for fire-rated openings that complies with NFP A 80 and requirements of authorities having jurisdiction. Provide only items of door hardware that are listed and are identical to products tested by UL , or other testing and inspecting organization acceptable to authorities having jurisdiction for use on types and sizes of doors indicated in compliance with requirements of fire- rated door and door frame labels. 1.5 QUALITY ASSURANCE A. Single-Source Responsibility : Obtain each type of hardware (latch and lock sets, hinges , closers , etc.) from a single manufacturer. B. Supplier Qualifications: an architectural door hardware supplier with warehousing facilities in the project's vicinity and that has at least 5 years of documented experience supplying door hardware similar in quantity, type, and quality to that indicated for this project. The supplier shall employ an experienced architectural hardware consultant (AHC) who is available to Owner, CH2M HILL, and Contractor at reasonable times during the course of the work for consultation. 1.6 COORDINATION A. Coordinate work of this Section with other directly affected sections involving manufacturer of any internal reinforcement for door hardware. B. Coordination and Templates: Work with hardware supplier as required to coordinate hardware with other work in respect to both fabrication and installation. The hardware supplier shall furnish templates and deliver hardware to proper locations . C . Coordinate installation of door hardware with installation of life safety and security hardware. 1.7 DELIVERY, STORAGE, AND HANDLING A. Package hardware items individually; label and identify package with door opening code to match hardware schedule . B. Deliver keys to Owner by security shipment direct from hardware supplier. C. Protect hardware from theft by cataloging and storing in secure area. 182239.T2.AS SECTION 08710 DOOR HARDWARE 2 Arpil 2008 Rev. 0 1.8 SUBMITTALS A. Provide the following within 4 weeks of Contract award: 1. Product data, including manufacturer's technical product data for each item of door hardware , installation instructions , maintenance of operating parts and finish , and other information necessary to show compliance with requirements . 2. Hardware schedule: Prepare a detailed hardware group schedule that is coordinated with doors , frames , and related work specified in Section 08010 , Door Schedule, to ensure proper size , thickness , hand , function , and finish of door hardware. Indicate locations and mounting hei ghts of each type of hardware . 3. Keying Schedule: Submit separate detailed schedule indicating clearly how the Owner 's final instructions on keying of locks has been fulfilled. 4. Templates for Doors, Frames, and Other Work : Check shop drawings of other work to confirm that adequate provisions are made for locating and installing door hardware to comply with indicated requirements. 5. Manufacturer 's certificate that fire-rated hardware meets or exceeds specified requirements. 1.9 MAINTENANCE MATERIALS A. Provide special wrenches and tools applicable to each different or special hardware component. B. Provide maintenance tools and accessories supplied by hardware component manufacturer. PART 2 --PRODUCTS 2.1 ACCEPT ABLE MANUFACTURERS A. Butts and Hinges: 1. Hager Hinge Company. 2. McKinney Products Company. 3. Stanley Hardware , division of Stanley Works. B. Pivots: 1. Glynn-Johnson Corporation. 2. Hager Hinge Company. 3. Rixson-Firemark, division of Yale Security Inc. 4 . Stanley Hardware , division of Stanley Works. C. Cylinders and Locks : 182239.T2.AS SECTION 08710 DOOR HARDWARE Arpil 2008 3 Rev . 0 1. Best Lock Corporation. 2 . Corbin & Russwin Architectural Hardware , division of Black & Decker Corporation. 3. Sargent Manufacturing Company . 4. Schlage Lock, division of Ingersoll-Rand Door Hardware Group. 5. Yale Security Inc. D. Shrouded Padlocks and Hasps: E. 1. Master Lock. 2. Medeco. 3. W-Lok. Bolts: 1. 2. 3. Glynn-Johnson Corporation. H.B. Ives, a Harrow Company. Trimco. F. Exit/Panic Devices: 1. Corbin & Russwin Architectural Hardware, division of Black & Decker Corporation. 2 . Sargent Manufacturing Company. 3. Von Duprin, division oflngersoll-Rand Door Hardware Group. 4. Yale Security Inc. G. Push/Pulls: 1. H. B. Ives, a Harrow Company. 2. Tice Manufacturing. 3. Trimco. H. Overhead Closers: 1. LCN, division oflngersoll-Rand Door Hardware Group. 2. Norton Door Controls, division of Yale Security Inc. 3. Rixson-Firemark, division of Yale Security Inc. I. Floor Closers : 1. Dor-0-Matic. 2 . Dorma Door Controls International. 3. Rixson-Firemark, division of Yale Security Inc. J. Coordinators: 1. Door Controls International. 2 . Glynn-Johnson Corporation. 3 . H.B. Ives, a Harrow Company. 4. Trimco. 182239 .T2.AS SECTION 08710 DOOR HARDWARE Arpil 2008 4 Rev.0 K. Kick, Mop, and Armor Plates: 1. H. B. Ives, a Harrow Company. 2. Tice Manufacturing. 3. Trimco. L. Door Gasketing: 1. National Guard Products Inc . 2. Pernko Manufacturing Company Inc . 3. Reese Enterprises Inc. 4. Sealeze Corporation. 5. Zero International Inc. M. Thresholds: 1. National Guard Products Inc. 2. Pernko Manufacturing Company Inc. 3 . Reese Enterprises Inc. N. Astragals: 1. National Guard Products Inc. 2. Pernko Manufacturing Company Inc. 3. Reese Enterprises Inc. 0. Electric Hinges: 1. Adams Rite Manufacturing Company. 2. Von Duprin, division of Ingersoll-Rand Door Hardware Group. 3. Folger Adam. P. Electric Strikes: 1. Adams Rite Manufacturing Company. 2. Von Duprin, division of Ingersoll-Rand Door Hardware Group. 3. Folger Adam. 2.2 LOCK CYLINDERS AND KEYING A. Schedule a meeting between hardware supplier and Owner to finalize keying requirements. Document final instructions in writing and submit to CH2M HILL. B. Cylinders: 1. Review the keying system with the Owner and provide the type required (master, grandmaster, or great grandmaster), either new or integrated with Owner's existing system. Verify existing lock manufacturer in each building. 2 . Equip locks with cylinders for interchangeable-core pin tumbler inserts. Furnish only temporary inserts for the construction period and remove these when directed. 182239.T2.AS SECTION 08710 DOOR HARDWARE 5 Arpil 2008 Rev . 0 3 . Furnish final cores and keys for installation by Owner. 4. Equip locks with high-security cylinders that comply with performance requirements for Grade 1 cylinders as listed in ANSVBHMA Al 56 .5 and that have been tested for pick-and-drill resistance requirements of UL 437 and are UL listed. C. Keys: 1. Comply with Owner's instructions for master keying and, except as otherwise indicated, provide individual change key for each lock that is not designated to be keyed alike with a group of related locks. 2. Permanently inscribe each key with number of lock that identifies cylinder manufacturer's key symbol and notation "do not duplicate". 3 . Key Material: nickel silver. 4. Supply two keys for each lock. 2.3 HARDWARE -GENERAL A. This Section establishes the general design criteria for door hardware. Prepare and submit a detailed hardware group schedule based on the design criteria for doors listed in Section 08010, Door Schedule. B. Refer to Section 13700 -Security/ Access Control System for additional hardware requirements. C. Base Metals: Produce hardware units of manufacturer's basic metal and forming methods and using manufacturer's standard metal alloy, composition, temper, and hardness, but in no case of lesser ( commercially recognized) quality than specified . D. Fasteners: 1. Provide hardware generally prepared for machine screw installation. Do not use self-tapping sheet metal screws, except as specifically indicated. 2. Furnish Phillips flat-head screws, except as otherwise indicated. Finish exposed screws to match hardware finish or, if exposed in surfaces of other work, to match finish of this other work as closely as possible . 3. a. For steel doors and frames specified in Section 08110, Steel Doors and Frames, install machine screws into drilled and tapped holes . b. For wood doors specified in Section 08210, Wood Doors, install wood screws. c. For fire-rated wood doors, install No . 12 by 1 1/4 inches, threaded-to- the-head steel wood screws. d . Finish screw heads to match surface of hinges or pivots. Provide concealed fasteners for hardware units that are exposed when door is closed, except to the extent no standard units of type specified are available with concealed fasteners. 182239 .T2.AS SECTION 08710 DOOR HARDWARE 6 Arpil 2008 Rev. 0 4 . Do not use through-bolts for installation where bolt head or nut on opposite face is exposed in other work unless their use is the only means of reinforcing the work adequately to fasten the hardware securely. Where thru-bolts are used as a means of reinforcing the work, provide sleeves for each thru-bolt or use sex screw fasteners. 2.4 HARDWARE A. Hinges: 1. Minimum Number per Door Leaf Based on Height of Door: a. Up to 5 Feet: one pair. b. To 7 Feet 7 Inches: one and a half pairs. c. To 9 Feet: two pairs. d. To 12 Feet 6 Inches: two and a half pairs. 2. Minimum Height Based on Width of Doors : a. Up to 3 Feet: 4 1/2 inches. b . To 4 Feet: 5 inches. 3 . Width of Hinges: minimum that will clear trim and permit 180 degree swing. 4. Hinge Pins: a. Out-Swing Exterior Doors: nonremovable pins or continuous hinges. b. Out-Swing Corridor Doors with Locks: nonremovable pins or continuous hinges. c. Interior Doors: nonrising pins. d. Tips: flat button and matching plug, finished to match leaves , except where hospital tip (HT) indicated. 5. Fire-Rated Doors: not less than three hinges per door leaf for doors 86 inches or less in height with same rule for additional hinges. B. Lock and Latch Types: 1. Levers and Roses: match existing within each building. 2. Locks : Furnish interchangeable, removable core cylinders with a minimum of six pms. 3. Strikes: a. b. C. d. 182239.T2.AS SECTION 08710 DOOR HARDWARE Provide manufacturer's standard wrought box strike for each latch or lock bolt with curved lip extended to protect frame, finished to match hardware set, unless otherwise indicated. Provide flat-lip strikes for locks with three-piece, antifriction latch bolts as recommended by manufacturer. Provide extra-long strike lips for locks used on frames with applied wood casing trim. Rabbeted Doors: Where rabbeted door stiles are indicated, provide special rabbeted front on lock and latch units and bolts. Arpil 2008 7 Rev.0 e. Lip dimensions to fit configuration of trim; 3/4-inch throw on all latch bolts used on pair on doors. Comply with UL requirements for throw of bolts and latch bolts on rated fire openings . Provide 1-inch throw on dead bolts. 4 . Backset: 2 3/4 inches. C. Padlocks and Hasps: 1. Shrouded, security padlocks: Acceptable products. Padlocks provided by Owner: a. Master Lock Model Numbers: 37DAT, 37KA, lDEX, 3DEX, 185XD , 187XD. b. Medeco Model Numbers: Shackle Guard 54-X2. c. W-Lok Model Numbers: SK-984138G, SK-977624G. 2. Hinged hasps : a. Straight bar, single hinge, or double hinge, as specified in Section 05500, Metal Fabrications. b. Hasp to receive security padlock as specified above . D . Exit Devices: 1. Design: Comply with requirements of ANSI A156.3. 2. Exit Device Dogging: Except on fire-rated doors where closers are provided on doors equipped with exit devices, equip the units with keyed dogging device to keep the latch bolt retracted when engaged. 3. Provide mortise lock strike with no lip where overlapping astragal is required. E. Push/Pull Units: F. 1. Design: solid metal, not plated; plates beveled four edges, square comers. 2. Attachment: pulls thru-bolted with bolts countersunk and covered by push plate. 3. Exposed Fasteners: Provide manufacturer's standard exposed fasteners for installation, thru-bolted for matched pairs but not for single units. Closers: 1. Design: Comply with ANSI A156.4. 2. Size: Size closers in accordance with manufacturer's instructions. 3 . Mounting: Mount closers on push or interior side of doors. 4. Where parallel arms are indicated for closers, provide closer unit one size larger than recommended for use with standard arms. 5. Accessfree Manual Closers: Where manual closers are indicated for doors required to be accessible to the physically handicapped, provide adjustable units complying with ANSI A 117 .1 provisions for door-opening force and delayed-action closing. 182239.T2.AS SECTION 08710 DOOR HARDWARE 8 Arpil 2008 Rev .0 / 6. Floor Closers , Flush Floor Plates: Pro vide finished metal flush floor plates for floor closers , except where thresholds are indicated and cover plate is specified to be an integral part of threshold. 7. Recessed Floor Plates : Provide recessed floor plates where nonthresholds are indicated and floor closers are located in an area of resilient flooring, stone flooring , or terrazzo. Recess plates to receive an insert of the floor finish material of the normal thickness as indicated. Provide extended spindle on closer as may be necessary to accommodate thickness of floor finish. 8. Where terrazzo floor finish includes metal divider or expansion strips , match exposed ring of recessed floor plate on closer with metal of floor strips. G. Door Trim Units: 1. Design: solid metal , not plated; bevel four edges ; square comers . 2. Size: height as scheduled by full-width door leaf less 2 inches at single leaf and 1 inch at pairs by 0.05 inch thick. 3 . Fasteners: Provide manufacturer's standard exposed fasteners for door trim units consisting of either machine screws or self-tapping screws. 4. Fabricate edge trim of stainless steel to fit door thickness in standard lengths or to match height of protection plates. 5. Fabricate protection plates not more than 1 1/2 inches less than door width on hinge side and not more than 1/2 inch less than door width on pull side by height indicated. a. Metal Plates: stainless steel , 0.05 inch (U .S., 18 gauge). H. Stops and Holders: 1. Attachment: Furnish with machine screws in leaded anchors at concrete or masonry and self-tapping screws at stud to partitions. 2 . Accessory Items: Furnish metal risers for mounting at carpeted floors . I. Bolts -Flush Bolt Heads: minimum of 1/2-inch-diameter rods of brass, bronze , or stainless steel with minimum 12-inch-long rod for doors up to 84 inches in height. Provide longer rods as necessary for doors exceeding 84 inches in height. J. Thresholds: 1. Design: thresholds one-piece construction; full width of opening tight to frame at jambs; extended beyond jamb edges where indicated. 2. Accessories: Furnish with stainless steel machine screws in threaded expansion shields. 3. Exterior Hinged or Pivoted Doors : Provide units not less than 4 inches wide , formed to accommodate change in floor elevation indicated, fabricated to accommodate door hardware and to fit door frames, and as follows: K. Seals : l 82239.T2.AS SECTION 08710 DOOR HARDWARE 9 Arpil 2008 Rev.O 1. Weatherstripping at Jambs and Heads: bumper-type resilient insert and meta l retainer strips , surface applied , and of following metal , finish , and resilient bumper material: a. Resilient Bumper: flexible , hollow EPDM bulb or loop insert. b. Brush pile insert of polypropylene or nylon-woven pile and aluminum strip backing compl ying with AAMA 701.2. 2 . Weatherstripping at Door Bottoms : threshold consisting of contact-type resilient insert and metal housing of design and size shown and of following metal , finish , and resilient seal strip: a. Metal Housing : extruded aluminum , 0.062-inch minimum thickness of main walls and flanges ; finish as scheduled. b . Resilient Seal Strip: solid neoprene wiper or sweep seal complying with MIL R 6855, Class II, Grade 40 . 3. Provide noncorrosive fasteners for exterior applications and elsewhere as indicated . 2.5 HARDWARE FINISHES A. The designations used in the hardware group schedule to indicate hardware finishes are those listed in ANSI/BHMA Al 56.18 , Materials and Finishes. B. Rust-Resistant Finish: For iron and steel base metal required for exterior work and in areas shown as high-humidity areas (and also when designed with the suffix -RR), provide 0.2-mil-thick copper coating on base metal before applying brass, bronze , nickel , or chromium-plated finishes. C. Hardware Finish shall match existing adjacent door hardware finish. PART 3 --EXECUTION 3 .1 INSPECTION A. Verify that doors and frames are ready to receive work and dimensions are as instructed by the manufacturer. B. Verify that power supply is available to power-operated devices. C . Beginning of installation means acceptance of existing conditions . 3.2 INSTALLATION A. Mount hardware units at heights indicated in following applicable publications , except as specifically indicated or required to comply with governing regulations and except as otherwise directed by CH2M HILL. 182239.T2.AS SECTION 08710 DOOR HARDWARE 10 Arpil 2008 Rev.0 1. DHI standard Recommended Locations for Builders ' Hardware for Standard Steel Doors and Frames. 2. NWWDA industry Standard I.S.1.7, Hardware Locations for Wood Flush Doors . 3. NFPA 80, Standard for Fire Doors and Windows. 4 . Conform to ANSI Al 17.1 for positioning requirements for the handicapped. B. Where cutting and fitting is required to install hardware onto or into surfaces that will be finished later, coordinate removal, storage , and reinstallation with finishing work. Do not install surface-mounted items until finishes have been completed . C. Set units level, plumb, and true to line and location. Adjust and reinforce the attachment substrate as necessary for proper installation and operation. D. Drill and countersink units that are not factory prepared for anchorage fasteners. Space fasteners and anchors in accordance with industry standards. E. Set thresholds for exterior doors in full bed of Type S-6 sealant as specified in Section 07900, Joint Sealers. F. Weatherstripping and Seals : Comply with manufacturer's instructions. Clean and dry door frames directly before adhering adhesive-backed door seals. G. Use the templates provided by hardware item manufacturer. 3 .3 ADJUSTING AND CLEANING A. Adjust and check each operating item of hardware and each door to ensure proper operation or function of every unit. Replace units that cannot be adjusted to operate freely and smoothly or as intended for the application made. B. Where door hardware is installed more than 1 month prior to acceptance or occupancy of a space or area, return to the installation during the week prior to acceptance or occupancy and make final check and adjustment of all hardware items. Clean operating items for proper hardware and door function and finish. Adjust door control devices to compensate for final operation of heating and ventilating systems. C. Instruct Owner's personnel in the proper adjustment and maintenance of door hardware and hardware finishes. D. Six-Month Adjustment: Approximately 6 months after date of substantial completion, the installer, accompanied by hardware manufacturer's representatives, shall return to the project to perform the following work: 1. Examine and readjust each item of door hardware as necessary to restore function of doors and hardware to comply with specified requirements. 182239.T2.AS SECTION 08710 DOOR HARDWARE Arpil 2008 11 Rev. 0 2. Consult with and instruct Owner's personnel in recommended additions to the maintenance procedures. 3. Replace hardware items that have deteriorated or failed due to faulty design, materials; or installation of hardware units. 4. Prepare a written report of current and predictable problems (of substantial nature) in the performance of the hardware. 182239.T2.AS SECTION 08710 DOOR HARDWARE END OF SECTION 12 Arpil 2008 Rev.O Section 08710 -Door Hardware Schedu le HW SET: 7.01 DOOR NUMBER: VCW4 EACH TO HA VE : EA EA EA EA EA EA EA FWWD CH2M HILL DOOR CORD W /WIRE PANIC HARDWARE IC CORE IC CYL, SFIC SURFACE CLOSER POWER SUPPLY DOOR POSITION SWITCH 788C-18 EL99NLRXLX -LENGTH AS REQUIRED 626 IC CORE EVEREST Cl45 626 IC CYLINDER -TYPE AS REQUIRED WITH 626 CONST. CORE 4011 OR 4111 TYPE & MGT BRKT AS REQUIRED 689 PS873 -2 GRY CARD READER BY SECURITY CONTRACTOR DOOR POSITION SWITCH BY SECURITY 628 CONTRACTOR REUSE REMAINDER OF EXISTING HARDWARE April 2008 LOC VON SCH SCH LCN VON UNK UNK UNK PART 1: GENERAL 1.01 SCOPE OF WORK SECTION 13311 NETWORK EQUIPMENT A. A pre-approved Network Systems Integrator (NSI) shall furnish materials necessary as shown on the Drawings and as specified. The NSI shall be a subcontractor to the General Contractor. B. Equipment, materials, and services shall be supplied in accordance with the general requirements defined in Sections 13100, 13701, and 13702. C. Installation and configuration of Network equipment shall be a cooperative and coordinated effort between the NSI and the City of Fort Worth Water Department Information Technology Group (FWWDIT). A FWWDIT contact shall be designated after Notice to Proceed. 1.02 RELATED WORK A. Refer to Sections 13700, 13701 , and 13702. 1.03 SUBMITTALS A. Submittal 13311-001 (by NSI). Project Plan. This is the first submittal and must be approved before any further submittals. The Project Plan submittal shall include: 1. Description of work to be performed and equipment to be provided. 2 . Resumes of project manager and other support personnel, as applicable. 3. Schedule. This will include submittal schedule, ordering lead times, services lead times, installation schedule, and potential training dates (if applicable). B. Submittal 13311-002 (NSI). Equipment Bill of Materials. Submit within 14 days after approval of the Project Plan. Submittal shall contain a list of all equipment to be supplied under this Contract. The submittal shall be reviewed by the designated FWWDIT contact and designated Engineer contact. The submittal shall include: 182239.T2.AS April 2008 SECTION 13311 NETWORK EQUIPMENT 1 Rev.0 C. 1. Complete listing of Tag Number (when applicable), Manufacturers Part Number, Description, and local supplier or closest contact for spare parts. 2 . Product cutsheets from catalogs or Web pages shall be included. 3. Draft installation sketches or descriptions of how the components shall be assembled and what is required to be ready prior to installation and assembly (i.e., space, power, air conditioning, etc.). Submittal 13311-003 O&M (NSI). An outline of the O&M information shall be submitted. Final O&M information shall include as a minimum: 1. Standard product literature from the manufacturer (prints of Web site PDF files are acceptable). Examples of this should be provided with the BOM submittal. 2. Electronic submission of O&M data will be considered if two printed copies are provided. 1.04 NSI QUALIFICATION A. The NSI shall be a "network systems integrator" regularly engaged in the design and installation of computer and information networks, and capable of supplying networking equipment. The NSI shall be able to warranty the equipment supplied and provide network operation support. Due to the nature of the present project, only businesses that have been actively engaged with the City of Fort Worth shall be permitted to submit proposals for supplying the networking equipment specified. Such a business shall comply with all of the following criteria: 182239.T2.AS 1. Have executed contracts with a value of at least $75,000.00 within the last 3 years with the City of Fort Worth. 2. Be a registered Specialty Business with the City of Fort Worth. 3. Be free of any contractual disputes with the City of Fort Worth or any of its departments. 4. 5. Employs personnel on this project who have successfully completed a manufacturer's training course on the configuration and implementation of the specific equipment and software proposed for this project. Project manager and project engineer assigned to the project have a minimum of 2 years employment with the NSI. April 2008 2 SECTION 13311 NETWORK EQUIPMENT Rev. 0 6. Has performed work of similar or greater complexity on at least three projects within the last 3 years. B. The General Contractor must use one of the listed NSI. Only approved suppliers will be accepted. The NSI shall be one of the following: 1. CyberDyne Systems Tony Hoang VP Service and Sales Phone: (972) 418-9074 ext 242 tonyh@cdats.com 2. Presidio Corporation. Charles Thibodeaux Phone: (972) 409-8483 Cell: (214) 213-9559 cthibodeaux@presidio.com 3. AT&T/SBC, Inc. Mark Gansle Phone: (214) 576-7531 Cell: (214) 535-2093 mg6313@att.com C. Being listed in this Section does not relieve any potential NSI from meeting the qualifications specified in this Section. 1.05 DELIVERY, STORAGE, AND HANDLING A. Provide delivery, storage, and handling requirements per Section 01000 and as specified below: 1. Shipping Precautions a. 182239.T2.AS SECTION 13311 NETWORK EQUIPMENT Prior to shipping, all equipment shall be packed in protective boxes and enclosed in heavy-duty polyethylene envelopes or secured sheeting to provide complete protection from damage, .dust, and moisture. Dehumidifiers shall be placed inside the polyethylene coverings . Boxed weights shall be shown on shipping tags together with instructions for unloading, transporting, storing, and handling at jobsite. April 2008 3 Rev . 0 b. Special instructions for proper field handling, storage, and installation required by the manufacturer for proper protection, shall be securely attached to the packaging for each piece of equipment prior to shipment. The instructions shall be stored in resealable plastic bags or other acceptable means of protection. c. None of the equipment shall be shipped to the site until the room(s) is environmentally suitable. 2. Identification a. Each component shall be tagged to identify its location, tag number, and function in the system. Identification shall be prominently displayed on the outside of the package. 3. Storage a. Equipment shall not be stored out-of-doors . Equipment shall be stored in dry permanent shelters and adequately protected against mechanical injury. If any apparatus has been damaged, the General Contractor, at his/her own cost and expense, shall repair such damage. If any equipment has been subject to possible damage by water, it shall be thoroughly dried and put through such tests as directed by the Engineer. Any repair or replacement shall be at the cost and expense of the General Contractor. 1.06 PARTIAL PAYMENT SCHEDULE A. The partial payments to the General Contractor for work provided under this Section shall satisfy the following limiting criteria (percent of the lump sum pay for all items and related work provided under this Section): 1. Approval of all required submittals -up to 10 percent. 2. Delivery of equipment to job site and properly stored -up to 75 per cent 3. Installation and configuration in Network Room -up to 10 percent. 4. Delivery of final approved O&M manuals - 5 percent 1.07 WARRANTY 182239.T2.AS SECTION 13311 NETWORK EQUIPMENT 4 April 2008 Rev.0 - A. Provide equipment warranties per Section 01000 , Warranties and Bonds, and herein. B. The warranty for equipment other than Routers shall be for a period of 1 year from the date of delivery to the FWWDIT. Routers shall be for a minimum of 1 year from date of installation/configuration. Note that a minimum renewable service contract of 1 year is specified in Table 1331 lA. The Warranty and Service Contract shall be assigned to FWWDIT immediately upon delivery or configuration of the equipment. 1.08 O&M MANUALS A. Prior to final acceptance of the system and Owner training, O&M manuals covering instruction and maintenance on each type of equipment shall be furnished in accordance with Section 01000, Operating and Maintenance Data. B. The instructions shall be bound in three-ring binders with Drawings reduced or folded for inclusion and shall provide the following as a minimum: 1. A comprehensive index. 2. A complete "As Constructed" set of approved shop drawings. 3. A complete list of the equipment supplied, including serial numbers, ranges, and pertinent data. Include stock numbers and name, address, and telephone number of the local supplier. 4. Full specifications for each item. 6. Detailed service, maintenance, and operation instructions for each item supplied . C. The final documentation shall be new documentation written specifically for this project, but may include standard and modified standard documentation. D. The O&M manual requirements outlined in this section may be waived or modified per applicable review comments to the O&M submittal from FWWDIT. E. If the NSI transmits any documentation or other technical information that he/she considers proprietary, such information shall be designated. Documentation or technical information that is designated as being proprietary will be used only for the design, construction, operation, or maintenance of the system and, to the extent permitted by law, will not be published or otherwise disclosed. l82239.T2.AS April 2008 SECTION 13311 NETWORK EQUIPMENT 5 Rev. 0 F. The final documentation requirements are as follows: 1. As-built documentation shall include all previous submittals, as described in this specification, updated to reflect the as-built system. Any errors in or modifications to the system resulting from the Factory and/or Field Acceptance Tests shall be incorporated in this documentation. 2. The Hardware Maintenance documentation shall describe the detailed preventive and corrective procedures required to keep the system in good operating condition. Within the complete Hardware Maintenance documentation, all hardware maintenance manuals shall make reference to appropriate diagnostics, where applicable, and all necessary timing diagrams shall be included. PART2: PRODUCTS 2.01 GENERAL A. Refer to Sections 13700, 13701, and 13702 . 2.02 EQUIPMENT SCHEDULE A. List of equipment to be provided is contained in Table 1 at the end of this specification. PART 3 : EXECUTION 3.01 3.02 GENERAL INSTALLATION A . The NSI shall furnish labor, materials , equipment, and incidentals per general business practices of the City of Fort Worth, and as specified herein. Although the equipment and services being purchased under this Contract must be in conformance with the contract requirements, it is nonetheless expected that the NSI shall execute the work in a fashion so as to meet the reasonable expectations of the FWWDIT. 3.03 INSTALLATION SERVICES A. The NSI shall deliver, install, assemble, or otherwise make ready the equipment provided under this Section. FWWDIT shall provide written guidelines. 182239.T2.AS April 2008 SECTION 13311 NETWORK EQUIPMENT 6 Rev. 0 3.04 MANUFACTURER'S SERVICES A. Manufacturer's Representative 1. Installation. Comprehensive installation service shall be provided by a designated installation repre sentative of the manufacturer of ROUTERS. The installation services shall be for up to 4 days on site (at Holly WTP) in order to install and configure the Router per guidelines set fourth by FWWDIT. Submit the qualifications of the service representative(s) for approval by Engineer and FWWDIT. Include cost of the any travel and per diem into this service. 3.05 SUPPLEMENTS A. Table 1331 lA, NETWORKING EQUIPMENT PROVIDED UNDER THIS PROJECT. 182239.T2.AS SECTION 13311 NETWORK EQUIPMENT END OF SECTION 7 April 2008 Rev. 0 TABLE 13311A -Network Equipment Manufacturer's Part Tag Number Function Product Name Number Product Description Quantity VC-RK.2 Equipment for Network HP Rack 42U 10842 HP Network Server Rack 42U 1 Room Equipment for Screenings Cisco Cisco 2940 Cisco 2940 8 port switch 1 building Wl fiber Equipment for Guard Cisco Cisco 2940 Cisco 2940 8 port switch I house Wl fiber NIA Equipment for Network Avocent DSR1021-001 A vocent DSR Series KYM 1 Room Switch 8-Port switch, 1 digital user, 1 local user NIA Equipment for Network Avocent DSRIQ-PS2 Interface Module for VGA 4 Room video, USB keyboard and NIA Equipment for Network Avocent DSRIQ-USB Interface Module for VGA 4 Room video, USB keyboard and mouse NIA Equipment for Network Avocent RMLCD117E Rackmount LCD Drawer 1 U 1 Room 17" LCD Drawer Built with a Samsung Class A LCD Panel 17" LCD wl PSl2 notebook key w l touch pad (e) NIA Rack Mounted Surge Switched CDU 120V 120A Suppression/Distribution (PTCORD-6 20AMP 20 amp Server Technology CW-8H1-C20 STRAIGHT BLADE-IO') 4 Supply necessary patc h cords NIA Fiber Patch Cords Fiber Patch Cords Based upon equipment based on equipment per equipment White Cable with Blue Boots (pre manufactured from supplier and not NIA Cat5e Patch Cords made on site) 4ft 20 VC-RKI Equipment for Network Anixter 327753 4 Post Rack I Room PANDUIT CMR 4P84 RACK 4-POST 45RU 84"Hx23.3"Wx30 .0"D #12 24 Threaded Rail Equipment for Network 331612 I Room PANDUIT NF4PSHLF 19x23 4 POST RACK MOUNT SHELF BACK 19"Wx23"D 250LBS LOAD RATING 43MMx483MMx813MM Equipment for Network 278849 2 Room PANDUIT PRV6 CABLE MGMT VERTICAL ROHS 7'Hx6"Wxl7 .l"D FRONT/REAR PATCH RUNNER, BLACK SECTION 13320 FIBER OPTIC COMMUNICATIONS SEGMENTS PART 1 GENERAL 1.01 SCOPE OF WORK A. Furnish , install , test, and make ready fiber optic cables and appurtenances as necessary for the Fiber optic communications segments as indicated on the Drawings and as specified herein. These specifications cover those items that are not otherwise identified in sections 13700 and 13701. B. Furnish multimode and single mode fiber optic cable for the communications segments (indoor/outdoor cable rated ONFR) as described in the specifications and Drawings. See 2 .02 A. C. Furnish patch panels, connectors , and other appurtenances as shown in Drawings and as required to support functioning communications segments. 1.02 RELATED WORK A. Delivery, Storage, and Handling in Section 01000. B. Section 13311 -Network Equipment. Section 13700-Security/Access Control System. Section 13701-Closed Circuit Television Systems. 1.03 SUBMITT ALS A. Submit to the Engineer, in accordance with Section O 1000, and the following: 1. 2 . 3. 182239 .T2 .AS SECTION 13320 Complete manufacturer's product data. Product data shall be provided for the data highway cables , connectors, patch panels, spares, and test equipment. Product data sheets shall include the manufacturer's name and catalog number for each item, the manufacturer's descriptive literature, catalog cuts , and any power supply requirements. Certification of compliance in writing stating the fiber optic cable, anticipated layout, and components are compatible, acceptable for use , and in compliance with these specifications. Complete layout and installation proposed that shows cable and conduit routing , materials, cable size and type, pulling lubricant being used, April 2008 FIBER OPTIC COMMUNICATIONS SEGMENTS Rev . 0 installation details, estimated maximum pulling tensions, overall system losses for each fiber, and any and all patch panel locations. 4. Resumes of the certified installation personnel who will actually conduct and supervise the installation. 5. Training plan and schedule for fiber optic cable termination training. 6. Installation test reports as specified. 7. The Contractor shall provide a fiber optic power budget for each cable run in excess of 500-ft. The budget shall include transmitter power, receiver sensitivity, connector losses, cable losses and a 3 dB-aging margin. Fiber optic transmission line shall maintain a minimum of 3 dB safety margin. 8. Manufacturer's instructions . 1.04 REFERENCE ST AND ARDS A. National Fire Protection Association (NFPA) 1. NFPA-70 -National Electrical Code (NEC) a. Article 770 Optical Fiber Cables and Raceways 2 . NFPA 262-2002, Standard Method of Test for Flame Travel and Smoke of Wires and Cables for Use in Air-Handling Spaces. B. Underwriters Laboratories Inc. (UL) 1. ANSI/UL 15 81-1991, Reference Standard for Electrical Wires, Cables, and Flexible Cords 2. ANSI/UL 1666-2002, Standard Test for Flame Propagation Height of Electrical and Optical-Fiber Cable Installed Vertically in Shafts. C. Institute of Electrical and Electronics Engineers (IEEE) D. 182239.T2.AS 1. IEEE Standard 383 -Flame Retardancy Electronics Industry Association/Telecommunications Industry Association (EIA/TIA) 1. EIA-STD-RS-455 -Standard Test Procedures for Fiber Optic Fibers, Cables, Transducers, Connecting and Terminating Devices April 2008 2 SECTION 13320 FIBER OPTIC COMMUNICATIONS SEGMENTS Rev. 0 - E. Fiber Optic Test Method and Instrumentation 1. DOD-STD-1678 F . Where reference is made to one of the above standards, the revision in effect at the time of bid opening shall apply. 1.05 QUALITY ASSURANCE A. The fiber optic cabling system materials furnished under this Section shall be provided by fiber optic manufacturer who have been providing these types of materials for the past 3 years. The fiber optic manufacturer shall provide personnel capable of providing technical assistance and fiber testing during installation. B. The installation of fiber optic cabling system under this Section shall be preformed by a certified installation contractor who has been installing these types of materials for the past 3 years . C . All cabled optical fibers shall be 100 percent attenuation tested. The attenuation of each fiber shall be provided with each cable reel. D. The cable manufacturer shall be ISO 9001 registered. E. The Engineer shall determine, prior to installation, whether a product is an "approved equal" based upon the information listed herein and the manufacturer's data sheets regarding the models specified. Alternate equipment must meet the criteria listed herein and any additional information in the manufacturer's data sheets in order to be accepted as an "Approved Equal." Supplier must furnish five working installation references for any alternate equipment along with owner, contact, and telephone number. 1.06 DELIVERY, STORAGE, AND HANDLING A. The cable shall be packaged in cartons and/or wound on spools or reels . Each package shall contain only one continuous length of cable. The packaging shall be constructed so as to prevent damage to the cable during shipping and handling. B. When the length of an order requires a large wooden reel, the cable will be covered with a three-layer laminated protective material. The outer end of the cable shall be securely fastened to the reel head so as to prevent the cable from becoming loose in transit. The inner end of the cable shall project into a slot in the side of the reel or into a housing on the inner slot of the drum, in such a manner and with sufficient length to make it available for testing. 182239.T2.AS April 2008 3 SECTION 13320 FIBER OPTIC COMMUNICATIONS SEGMENTS Rev. 0 C. Test tails shall be at least 2 meters long. The inner end shall be fastened so as to prevent the cable from becoming loose during shipping and installation. Reels shall be permanently marked with an identification number that can be used by the manufacturer to trace the manufacturing history of the cable and fiber. D . Wooden reels shall be plainly marked to indicate the direction in which it should be rolled to prevent loosening of the cable on the reel. E. The attenuation shall be measured at 850 nm and 1,300 nm for multimode fibers . The attenuation shall be measured at 1,310 nm and 1,550 nm for single-mode fibers . The manufacture shall ship the test results along with the fiber. F. Packaging 1. The completed cable shall be packaged for shipment on non-returnable wooden reels. It is the responsibility of the Contractor to determine all required cable lengths. 2. Top and bottom ends of the cable shall be available for testing. 3. Both ends of the cable shall be sealed to prevent the ingress of moisture. 4. Each reel shall have a weatherproof reel tag attached identifying the reel and cable. 5. Each cable shall be accompanied by a cable data sheet. PART 2 PRODUCTS 2.01 MANUFACTURERS A. CommScope B. In order to maintain commonality with existing fiber installation, there is no approved equal for this project. 2 .02 FULLY WATER BLOCKED FIBER OPTIC CABLE (OUTDOOR/INDOOR) A. General Considerations 1. 2. The cable shall meet all requirements stated in the specification. Connectors 182239 .T2.AS SECTION 13320 April 2008 4 FIBER OPTIC COMMUNICATIONS SEGMENTS Rev . 0 - a. Provide ceramic ferrule ST style connectors with steel or composite hardware for all fiber optic connections. The connectors shall be designed for use with 62.5/125 micron cable (multimode), or single mode cable , and shall be capable of operating in a range of O to 80 degrees C. Each connector shall cause a maximum signal attenuation of 0.375 dB. All fiber optic cables shall be tested for performance and loss after termination and installation to verify that at least a 3 dB power safety margin is obtained between all transmitters and receivers. Test data for each fiber and safety margin calculations for each fiber path shall be provided to the Owner and Engineer after installation to verify conformance with this specification. (1) MFC or SFC series by CommScope (2) Engineer-approved equal. 3 . Cable -Multimode a. Manufacturer/ Make: COMSCOPE R-OXX-LN-6F-F12BK Indoor/ Outdoor. b. XX= 24 fiber (twelve pair) cable , or 12 fiber (six pair), or 6 fiber ( three pair) c. 62 .5/125um High Performance Fiber. d. No approved equal. 4. Cable -Singlemode a . Manufacturer/ Make: COMSCOPE R-OYY-LN-8W-F12BK Indoor/ Outdoor. b . YY= 12 fiber (six pair) cable, or 6 fiber (three pair) cable. c. 8 .3/125um High Performance Fiber. d. No approved equal. B. Fiber Characteristics 1. 2. 182239 .T2.AS SECTION 13320 All fibers in the cable must be usable fibers and meet required specifications. Each optical fiber shall consist of a doped silica core surrounded by a concentric silica cladding. The fiber shall be matched clad design. April 2008 5 FIBER OPTIC COMMUNICATIONS SEGMENTS Rev. 0 3. Multimode: The multimode fiber utilized in the cable specified herein shall meet EIA/TIA-492A-1989, "Detail Specification for 62.5 µm Core Diameter/125 µm Cladding Diameter Class la Multimode, Graded Index Optical Waveguide Fibers." a. Core diameter: 62.5 plus or minus 2.5 µm. b. Cladding diameter : 125.0 plus or minus 1.0 µm. c. Core-to-Cladding offset: less than or equal to 1.5 µm. d. Cladding non-circularity: less than or equal to 1.0 percent. Defined as: [l -(min. cladding dia . ...;-. max. cladding dia.)] x 100 e. Core non-circularity: less than or equal to 5.0 percent. Defined as: [1 -(min. core dia . ...;-. max. core dia.)] x 100 f. Coating diameter: 245 plus or minus 10 µm. g. Colored fiber diameter: nominal 250 µm. h. Graded index . 1. Numerical Aperture : 0.275 plus or minus 0.015 µm. 4. Single-mode: The single-mode fiber utilized in the cable specified herein shall conform to the following specifications: a. Typical core diameter: 8 .3 to 9.5 µm. b . Cladding diameter: 125.0 plus or minus 0.7 µm. c. Core-to-Cladding offset: less than or equal to 0.5 µm . d. Cladding non-circularity : less than or equal to 1.0 percent. Defined as: [l -(min . cladding dia . ...;-. max. cladding dia.)] x 100 182239.T2.AS SECTION 13320 e. f . Coating diameter: 245 plus or minus 10 µm. Colored fiber diameter: nominal 254 µm. 6 FIBER OPTIC COMMUNICATIONS SEGMENTS April 2008 Rev. 0 - g . Attenuation uniformity: No point discontinuity greater than 0.10 dB at either 1,310 nm or 1,550 nm. h. Attenuation at the water peak: The attenuation at 1,383 plus or minus 3 nm shall not exceed 0.32 dB/km for loose tube cables . 1. Cutoff wavelength: The cabled fiber cutoff wavelength (Acer) shall be <1,260 nm . J. Mode-Field diameter: 9.2 plus or minus 0 .3 µmat 1,310 nm and 10.4 plus or minus 0.5 µmat 1,550 nm. k. Zero dispersion wavelength (Ao): shall be greater than or equal to 1302 nm and less than or equal to 1322 nm. I. Zero dispersion slope (S 0): less than or equal to 0.092 ps/(nm 2·km). m . Fiber polarization mode dispersion (PMD): less than or equal to 0.06 ps/(nm2 km). C. Fiber Specification Parameters 1. Required Fiber Grade -Maximum Individual Fiber Attenuation. 2. (Multimode only) The minimum normalized bandwidth of multimode optical fibers shall be greater than or equal to 200 MHz·km at 850 nm and greater than or equal to 500 MHz·km at 1,300 nm. 3. The fiber manufacturer shall proof-test 100 percent of the optical fiber to a minimum load of 100 kpsi. D . Specifications for Cables 182239 .T2.AS 1. 2. 3 . 4. SECTION 13320 Cable shall be flame-retardant, UV stabilized, fully water blocked for use in indoor/outdoor applications. Cable shall be suitable for installation in duct, aerial, and riser environments . Cable shall meet NFP A 70 (NEC) Article 770.179 (B) OFNR specifications and not require transition splicing upon building entry in order to meet fire codes . Optical fibers shall be placed inside a buffer tube. Each buffer tube shall contain up to 12 fibers. Each fiber shall be distinguishable by means of color-coding according to TIA/EIA-598-C, "Optical Fiber Color Coding." April 2008 7 FIBER OPTIC COMMUNICATIONS SEGMENTS Rev. 0 5. 6. 7. 8. 9. 10 . 11. 12. 13. 14. 15. 16. 182239.T2.AS SECTION 13320 Buffer tubes containing fibers shall be color-coded with distinct and recognizable colors according to TIA/EIA-598-, "Optical Fiber Color Coding." In buffer tubes containing multiple fibers, the colors shall be stable across the specified storage and operating temperature range and not subject to fading or smearing onto each other or into the gel filling material. Colors shall not cause fibers to stick together. Buffer tubes shall be kink resistant within the specified minimum bend radius . Fillers may be included in the cable core to lend symmetry to the cable cross-section where needed. The central anti-buckling member shall consist of a glass reinforced plastic rod. The purpose of the central member is to prevent buckling of the cable. The cable core shall contain a water-blocking material. The water blocking material shall be non-nutritive to fungus, electrically non-conductive and homogenous . It shall also be free from dirt and foreign matter and shall be readily removable with conventional nontoxic solvents. Cable shall contain water blocking threads between tubes. The cable shall contain at least one ripcord under the sheath for easy sheath removal. Tensile strength shall be provided by a combination of high tensile strength dielectric yams. The high tensile strength dielectric yams shall be helically stranded evenly around the cable core. The cable jacket shall be a pressure extruded flame retardant PVC containing UV stabilizers. The jacket shall be continuous, free from pinholes, splits, blisters or other imperfections. The cable jacket shall contain no metal elements and shall be of a consistent thickness. Cable jackets shall be marked with manufacturers' name, sequential meter or foot markings, the year of manufacture, and a telecommunication handset symbol, as required by Section 350G of the National Electrical Safety Code April 2008 8 FIBER OPTIC COMMUNICATIONS SEGMENTS Rev. 0 (NESC). The actual length of the cable shall be within plus or minus 1 percent of the length markings. The marking shall be in contrasting color with the cable jacket. The height of the marking shall be approximately 2.5 mm. 17. The maximum pulling tension shall be 2700 N (607 lbf) during installation (short term) and 800 N (180 lbf) long term installed. 18. The shipping, storage, and operating temperature range of the cable shall be minus 40 degrees C to plus 70 degrees C. The installation temperature range of the cable shall be minus 30 degrees C to plus 60 degrees C. 19. When tested in accordance with FOTP-3, "Procedure to Measure Temperature Cycling Effects on Optical Fibers, Optical Cable, and Other Passive Fiber Optic Components," the average change in attenuation at extreme operational temperatures (minus 40 degrees C to plus 70 degrees C) shall not exceed 0.50 dB/km with 80 percent of the measured fibers not exceeding 0 .25 dB/km for multimode fiber. E. General Cable Performance Specifications 1. Provide reference information on cable performance under the following tests: 182239 .T2 .AS SECTION 13320 a. b. C. d. e . f. g. h. FOTP-82, "Fluid Penetration Test for Fluid-Blocked Fiber Optic Cable." FOTP-81, "Compound Flow (Drip) Test for Filled Fiber Optic Cable." FOTP-41, "Compressive Loading Resistance of Fiber Optic Cables." FOTP-104, "Fiber Optic Cable Cyclic Flexing Test." FOTP-25, "Repeated Impact Testing of Fiber Optic Cables and Cable Assemblies." FOTP-33, "Fiber Optic Cable Tensile Loading and Bending Test." FOTP-85, "Fiber Optic Cable Twist Test." FOTP-181, "Lightning Damage Susceptibility Test for Optic Cables with Metallic Components." April 2008 9 FIBER OPTIC COMMUNICATIONS SEGMENTS Rev . 0 2.03 TIGHT BUFFERED DISTRIBUTION FIBER OPTIC CABLE (INDOOR) -Not Used This Project 2.04 PATCH CABLES, FIBER CONNECTORS A. Manufacturers 1. Siemon 2. No approved equal. B. Connectors 1. Provide ceramic ST style connectors for all fiber optic fibers. The connectors shall be designed for use with 62.5/125 micron cable, and shall be capable of operating in a range of minus 40 to 75 degrees F. Each connector shall cause a maximum signal attenuation of 0.375 dB. Connector specifications shall be as follows: a. Insertion loss (typical): 0.5 dB. b. Durability (mating cycles): 1,000 (minimum). c. Repeatability: Less than 0 .2 dB. d . Operating Temperature: minus 40 to plus 75 degrees F. C. Fiber Optic Patch Cables and Connectors 1. Fiber optic patch cable shall be 2 fiber zipcord 62.5/125 core/clad micron multimode riser rated cable. 2. Installation of patch cables shall include all spares and observe the minimum fiber bend radius and strain relief. 2.05 PATCH PANELS A Manufacturers 1. 2. For Rack mounted fiber distribution and patching use Siemon RIC 72-F-01 (72/144/288 port interconnect) products with RIC-F-SA6-01 adapter panels. Or Engineer / Owner approved equal. 182239 .T2 .AS SECTION 13320 FIBER OPTIC COMMUNICATIONS SEGMENTS 10 April 2008 Rev. 0 B. Patch Panels: Suitable for Rack mounting, comprised of internal mounting plate, cable holders , slack cable take up/organizer blocks , patch block with connectors, and ground lugs as indicated. Patch panels shall be suitable for multimode or single mode fiber. Patch panels shall be suitable for ST connectors. The patch panels shall be sized to handle the number of fiber s indicated on the Drawings. All fibers shall be terminated in the patch panel and no more than 36 pairs of fiber (72 strands) to be in any one patch panel. C . All fibers shall be terminated in the patch panel and fully tested. No more than six connectors per panel so that there is room to grasp a connector without disturbing surrounding connectors . 2.06 SPARE PARTS AND TEST EQUIPMENT A. Spare Parts 1. Provide 5 spare patch cables with ST connectors (both ends) terminated for multimode cable . 2. Provide 5 spare patch cables with ST connectors (both ends) terminated for single mode cable . B. Test Equipment-Micro OWL/Dual OWL/Laser OWL Test Kit for MulitMode and Single Mode fiber test kit with optional light source (SKU: KIT0-M2-WSMDSDst). PART 3 EXECUTION 3.01 GENERAL A. Provide all material , equipment, and labor to install and test the fiber optic cables as indicated and as specified . B. Installation shall be in accordance with the National Electrical Code. C. Installation shall comply with EWTIA Standards 568 and 569 . D. Fiber optic cables shall be continuous from component to component as shown on the Drawings . Intermediate fiber splices shall not be allowed . E. Provide delivery, storage, and handling of materials and equipment in accordance with Section 01000. 3.02 INSTALLATION A. All cable, other than in direct buried applications , shall be installed in conduit. 182239.T2.AS April 2008 11 SECTION 13320 FIBER OPTIC COMMUNICATIONS SEGMENTS Rev.O B. Inspect raceway prior to pulling cables . Notify the Engineer of any conditions that would prevent installation of the specified cables before proceeding with the installation . Rod and swab out ducts prior to in stalling cables. C. Install non-breakout cables in conduit systems inside buildings and structures. D. Pull cables prior to attachment of connectors. E. Pull cables by directly pulling only on the strength member. F. Lubricate cables with lubricants specially formulated for fiber cabling jackets during installation. Do not exceed cable manufacturer's specifications for tensile strength and bending radius. Pulleys used to aid in the installation of the fiber optic cable must be sized according to the minimum bending radius. The pulling tension of all fiber cables during installation shall be recorded using a strip recorder. The printout of the strip recorder shall be submitted to the Engineer. G. Do not make splices in cable unless approved by the Engineer. Splices shall be made in designated enclosures above ground only. Provide adequate put-up lengths on cable reels to make termination-to-termination runs without splices. Where splices are unavoidable, subject to the approval of the Engineer, provide fusion splices with attenuation losses of 0.3 dB or less . Make splices watertight and provide mechanical protection equal to the cable jacket, or better. H. Provide breakout kits, signal transceivers, power supplies, patch panels , pigtails, and jumpers as required and as indicated to install a complete data highway communications network. I. Support cables in riser conduits at intervals as required by National Electric Code. J. Installation tools and materials shall be approved by the cable installer. K. Within manholes , protect cable by providing flexible , corrugated , polyethylene slit duct. Connect slit duct to duct bank by using hose clamps. Support duct at 10-ft intervals. 3.03 IDENTIFICATION A. Label each termination point. B. Tag each cable in junction boxes, manholes , and hand holes. Provide permanent nylon/plastic tie-wrap type tags with waterproof markings. C. Label each cable, buffer tube, and fiber with permanent waterproof typewritten tags. 3.04 PHYSICAL CHECKOUT A . General Procedures 182239.T2.AS April 2008 12 SECTION 13320 FIBER OPTIC COMMUNICATIONS SEGMENTS Rev. 0 1. Conduct phy sical checkout of the fiber optic data highway network. 2. Physical chec kout shall be performed prior to functional testing. B. Check Procedures 1. Verify that fiber optic cable reels have been off-loaded from truck carefully and not damaged . 2. Submit to the Engineer all test data provided by the fiber manufacture. 3. Verify that the optical fibers of the cable assembly are the type and quantity as specified and as recommended by the Instrumentation System Supplier. 4. Verify that cable construction is the type specified. 5. Verify that fiber optic patch panels have been installed plumb and level at locations indicated. 6. Verify that optical fiber connections or terminations within patch panels and splice closures are in accordance with cable manufacturer's recommendations. 3.05 FIELD AND FUNCTIONAL TESTING A. Make the following site tests before removing cable from cable reels: 1. Determine attenuation losses of each fiber from end to end. Use an optical time domain reflectometer (OTDR) to capture and record. Provide OTDR captured data testing results in both original OTDR format and PDF file format. 2 . Submit to the Engineer all test data and models of test equipment, calibration standards, and tests. All testing results shall be in original format and PDF file format. B. Make the following field tests after cable and connector installation: 1. All fiber optic cables shall be tested for performance and loss after cable installation and connector termination to certify that at least a 3 dB power safety margin is obtained between all transmitters and receivers. Test data for each fiber and safety margin calculations for each fiber path shall be provided to the Owner and Engineer after installation to verify conformance with this specification. The following tests shall be performed as a minimum but not limited to: 182239 .T2 .AS SECTION 13320 a . Visually inspect terminal connectors for out-of-round condition and surface defects such as micro-chips and cracks using a 200X (minimum) inspection microscope. April 2008 13 FIBER OPTIC COMMUNICATIONS SEGMENTS Rev. 0 b. Check optical continuity of each fiber from terminal to terminal. Use test equipment as specified herein and provide typewritten report certifying each fiber in every cable . c. Verify the calculated attenuation power losses of each fiber from both the transmit and receive terminal s of each data communications loop (both directions). The light source and operating wavelength of the test equipment shall be representative of the actual operating equipment. Use a OTDR. d. Submit to the Engineer all test data and models of test equipment, calibration standard., and tests . All testing results shall be in original format and PDF file format. C. Owner or Engineer may observe testing . Inform Owner/Engineer of testing schedule at least l week prior to start of testing . 3.06 TRAINING A. Provide training on termination techniques and testing prior to installation. B. Provide training as soon as possible following submittal of proposed fiber optic cable . 3.07 WARRANTY A. The Contractor shall submit a warranty certificate from the equipment manufacturer. The manufacturer's warranty period shall be concurrent with the Contractor's for 20 years, commencing at the time of final acceptance by the Owner. 3.08 SUPPLEMENTS A . Table 13320 Fiber Equipment to be provided under this project. END OF SECTION 182239.T2.AS SECTION 13320 April 2008 14 FIBER OPTIC COMMUNICATIONS SEGMENTS Rev. 0 TABLE 13320 -FiberEquipment Manufacturer's Part Tag Number Function Product Name Number Product Description Quantity VC-FDUI Eq uipment for Network I Room 72/144/288-port Rack Mount SIEMON RIC72 -F -01 Interconnect Center {4RMS) Equipment for Network 12 Room 3 duplex ST adapters (6 fiber, SIEMON RIC-F-SA6-01 icon pockets) Eq uipment for Network 3 Room 19" PANEL CABLE MGR. SIEMON S110 -R WM2 -01 !(BLACK) (2 RMS) VC-FDU2 Equipment for I Warehouse 72/144/288-port Rack Mount SIEMON RIC72-F-01 Interconnect Center {4RMSl Eq uipment for 12 Warehouse 3 duplex ST adapters (6 fiber, SIEMON RIC-F-SA6-01 icon pockets) Equipment for Backplane for existing PLC I Screenings building cabinet to mount fiber patch Hoffman Backplane A24P24 I panels on VC-FDUS Equipment for 4 Screenings building SIEMON FCP3-DWR Fiber Connect Panel Equipment for 16 Screenings building 3 duplex ST adapters (6 fiber, SIEMON RIC -F-SA6-0 1 ico n pockets) Equipment for Chlorine Wall mount Enclosure 1 Building 24 .19x24 .19x12.00 Hoffman A24H2412GQRLP l(614x614x305) VC-FDU4 Equipment for Chlorine 1 Building SIEMON FCP3-DWR Fiber Connect Panel Equipment for Chlorine 2 Building 3 duplex ST adapters (6 fiber, SIEMON RIC -F-SA6-01 icon pockets) Equipment for DeChlor Wall mount Enclosure I Building 24 .19x24 .19x12.00 Hoffman A24H2412GQRLP l(614x614x305) VC-FDU3 Eq uipment for DeChlor I Building SIEMON FCP3-DWR Fiber Connect Panel Eq uipment for DeChlor 2 Building 3 duplex ST adapters (6 fiber, SIEMON RIC -F-SA6-01 icon pockets) PART 1 --GENERAL SECTION 13700 SECURITY/ACCESS CONTROL SYSTEM 1.1 WORK INCLUDED A. Furnish and install a complete operational security monitoring and access control system as shown in the Drawings and as per the recommendations of the manufacturer. B. Provide the engineering, completion of the detail design, and Shop Drawings for a complete and functional system. C. Provide labor, material , and services to complete the permitting, installation, and performance acceptance testing of the complete and functional system in conformance with the Owner's and the system manufacturer requirements. D. Furnish and install the incidental items not actually shown or specified which are required by good practice to provide a complete and functional system. E. Furnish and install additional security central server hardware configuration, including communication lines/ports, software revision, digiboards, modems , and network cards, required for the system expansion. F. The security access control system shall be integrated with CCTV and Intellligent Video Motion Detection Systems. G. Intent of Drawings : 1. Drawings show general locations of equipment, devices , and raceways unless specifically dimensioned. 2. Drawings does not depict all the required security/access control components, field devices, cabling, jumper cables, interconnects, materials and services . Contractor is responsible for a complete design and installation of the security/access control system. 1.2 RELATED WORK A. Use this Section in conjunction with the following other specifications and related Contract Documents to establish the total requirements for: 1. Section 13701 -Closed-Circuit Television Systems. 182239.T2.DP SECTION 13700 SECURITY/ACCESS CONTROL SYSTEM 1 March 30 , 2006 Rev . 0 2 . Section 13 702 -Intelligent Video Motion Detection Systems. 3. Section 16011 -Basic Electrical Construction Materials and Methods. B . CAUTION : Use of this Section without including the above-listed items results in omission of basic requirements . C. In the event of conflict regarding security/access control system requirements between this Section and another section, the provisions of this Section govern. 1.3 SYSTEM DESCRIPTION A. The function of the security/access control (S/ ACS) is to ensure that only authorized personnel are permitted ingress and egress to a controlled areas of the Owner's property. B. The SI ACS manufacturer is Software House. C. The security/access control system (S/ ACS) consists of a Software House C-Cure 800 central server and workstation located in the City of Fort Worth City Hall. The central server is connected to a distributed security panels: Software House iStar, apC/L , apC/8X security control panels. These security control panels are installed at various City of Fort Worth Water Department facilities . D. The security panels are Software House apC/8X, apC/L, and iStar. These security panels are intelligent access control panels with optional input modules , output modules, power supplies, and battery back-up. E. System Operation: 1. 2. 3. 4. 5 . 182239.T2.DP SECTION 13700 The remote security panels shall be capable of being programmed from a central programming station or locally at each security panel. The SI ACS shall grant access at doors with card readers by comparing the time and location of any attempted entry with information stored in memory. Access shall be granted only when the security card used has a valid entry code at the card reader/terminal for a designated time frame. The central controller shall constantly poll all panels for status. If a panel is disabled, an alarm condition shall be reported audibly and visually. Alarm conditions from the reader/terminal monitoring points shall be instantly reported audibly and visually at the central controller. As part of the S/ACS, certain intrusion detection and access control components are connected into the S/ ACS such as microwave sensors, passive infrared interior motion sensors , electrical door strikes , electro-magnetic locks, and vehicle gate controller. March 30, 2006 2 SECURITY/ACCESS CONTROL SYSTEM Rev.O 6. The S/ACS shall provide bi-directional communications with the CCTV surveillance provided in Section 13701 , Closed-Circuit Television Systems . F. System Operator Interface: 1. System activity messages to the operator shall be in plain language (English) text displayed on a graphical use interface (GUI). 2. Operator commands shall be accomplished by selecting from a menu on the terminal. Command descriptions in the menu shall be such that an operator will generally not require an instruction manual to execute authorized system commands. However, a complete operator's manual shall also be supplied. 3. System command access requires operator to enter a password. Each password shall be assigned to a command level. A command level is a set or subset of system commands. G. Minimum System Reporting Capabilities: 1. Alarm history report -on line, off line suppressed and active. 2. Alarm parameters. 3. Card reader terminal parameters. 4. Holiday report. 5. Card holders identification report. 6. Card holders status report -trace, valid, void, in , out, antipassback. 7. Card holders access permission report -valid/invalid access , expiration. 8. Card holders access history report. 9 . Access level/group report. 10. Card readers transaction report. 11. Card readers location report. 12. Time zones identification report . 13. Programming history report . 14. Operator sign on/off report H. Minimum System Operating Capabilities: 1. The security panels shall be capable of being programmed from a central programming station or locally at each security panel. 2. Add cards to memory, with individually programmable valid access times and days. 3. Group load cards having the same access control. 4. Delete cards from memory. 5. Modify access control privileges of individual cards. 6. Define which cards are selected for tracing. 7. Define when doors will have request-to-exit (alarm shunt) implemented . Software shall provide selectable shunt and unlock and shunt only functions. 182239.T2 .DP SECTION 13700 SECURITY/ACCESS CONTROL SYSTEM 3 March 30, 2006 Rev .0 8. Define which monitored doors will alarm when forced open and during what time such alarms will take place. 9. Select card-controlled areas that are to operate in an antipassback mode and whether contact closure is required to change antipassback status . 10 . Manually unlock doors from the reader/terminal via an emergency door release button . 11. Define access codes (groups of doors having time/day codes associated with each door). 12. Define holidays. Automatically unlock and relock selected locks by time/day code. 13 . Define which card sensors can enable or disable the alarm system . 14. Select card sensors that will generate an alert message when card codes selected for trace are used. 15. Obtain hard copy listings of card codes by any combination of access code, location (in or out), privileged (night mode), and trace status. 16. Obtain hard copy listings of the definitions of door (sensor) and/or monitor point. 17. Obtain hard copy listings of each report type. 18. Obtain hard copy report of current system status . 19. Select access and monitor point activity messages that are output to the system printer(s). 20. Determine if valid access report is required only at certain hours of the day and week for selected sensors. 21. Acknowledge alarm conditions. 22. Select which monitor points are to be monitored at all times and which are monitored only during selected time periods. 23. Select which door(s) and monitor point(s) will actuate output contact(s) on the central controller. 24. Select which monitor points are to generate a latched alarm and which are to report for information purposes only. 25. Define 12-character point and sensor names. 26. Define 12-character operator names. 27. Search by operator selectable criteria shall be provided, including -search by card reader or multiple readers, search by card(s), and search by time period. 1.4 DESIGN CRITERIA A. Failure Mode: Facility doors shall fail secure (close) upon expiration of battery power. B. Wiring: security wiring shall be protected within conduit or raceways . 1.5 QUALITY ASSURANCE 182239.T2 .DP SECTION 13700 March 30, 2006 4 SECURITY/ACCESS CONTROL SYSTEM Rev. 0 A. Electronic Components: Comply with latest applicable standards of EIA; standard industry grade ; types and ratings commonly available in local distributor stock. Nonstandard or specially manufactured components may not be used. B. Contractor shall employ the services of an approved security system integrator for programming, calibrating, system startup and testing. Integrator shall have manufacturer 's certification within the last five years. 1.6 COORDINATION A. Security equipment shall be interfaced with and shall be functionally compatible with the site closed-circuit television system provided in Section 13701 , Closed-Circuit Television System and per the Drawings. B. Refer to Division 16011 -Basic Electrical Construction Materials and Methods for additional requirements. C . The security system shall be interfaced with and shall be functionall y compatible with the perimeter intrusion detection system. D. Installation of security card readers, proximity switches , status switches and request- to-exit devices shall be coordinated. 1.7 SUBMITTALS A. Provide the following submittals: 1. Security access control panel and modules. 2. Card-reader unit. 3. Power supply. 4. Access control door hardware accessories . 5. Door status switches . 6. Electric locks or electro-magnetic locks. 7. Request-to-exit interior motion detection. 8. Outdoor motion sensor with direction control. B. Provide shop drawings. 1. Shop drawings shall indicate a design and the installation requirements for a complete and functional system as per the manufacturer's requirements. 2. Shop drawings shall indicate the changes to the existing Software House C- Cure system and distributed field panels . C. After approval of shop drawings, provide the following within 4 weeks: 1. Graphic hierarchical organization tree showing all graphics and all points. 2. Detailed color conventions proposed for graphics and graphic element states 182239.T2.DP SECTION 13700 SECURITY/ ACCESS CONTROL SYSTEM 5 March 30, 2006 Rev.O 3. Proposed text for point descriptions , alarms and status messages. Text and graphics shall be approved prior to data entry. 1.8 WARRANTY A. Refer to the Owner's standard requirements and commencement period for the warranty period. B. The system integrator shall include remaining warranty for existing systems and warranty for new access control system and CCTV surveillance system. PART 2 --PRODUCTS 2.1 ACCEPTABLE SYSTEM MANUFACTURERS A. Software House. No substitutions allowed. 2.2 CENTRAL SERVER A. The existing central server is a Software House C-Cure Server. B. Central server is connected to distributed security panels and security workstations. 2.3 SECURITY WORKSTATION REQUIREMENTS A. As recommended by manufacturer Software House. 2.4 MONITORS A. The security system monitors shall be (minimum) 17-inch SVGA, capable of non-interlaced operation at 1,024 by 768 pixel resolution with 70 Hz or better refresh rate. 2.5 SECURITY CONTROL PANELS (SCP'S) 1. Software House C-Cure iStar, apC/L and apC/8x, intelligent access control and alarm control panel, software, network connectivity, card reader interface modules, auxiliary input modules, auxiliary output modules, power supply and batteries. 2 . 182239.T2.DP SECTION 13700 Network connectivity with existing central server. 6 SECURITY/ACCESS CONTROL SYSTEM March 30, 2006 Rev.O 2.6 CARD-READER UNITS A. Software House RM Series Card Readers, reader modules , and auxiliary relay modules . Software House multi-technology reader. B. Connectivity to Software House access control and alarm monitoring control panels. If required, furnish and install a Software House RM-4 Reader Module. C . Gate entrance: card reader units shall provide a long read range distance of a minimum of 8-inches . Furnish and install a pedestal mount. Install card reader on weather shroud enclosure. 2 .7 POWERSUPPLY A. Power supply units shall convert the available commercial power to the power required by system and external devices, as well as power on/off switching, fault protection, and power-on indication. B. Power supply units shall be of the uninterruptible type with sealed batteries to maintain system operation during 4 -hour power outage. C. Software House, Model apS Advanced Power System and batteries . 2 .8 STATUS SWITCHES A. The status switch shall be a reed switch with magnet, UL listed for central station direct-wire circuits: 1. Switch suitable for indoor and outdoor use. 2. Switch rated at 120V, 50 mA, and 100,000 operations . 3. Switch suitable for use with metal doors and frames. Switch shall change status when 3/8 inch is exceeded. 4. Switch and magnet shall be made for recessed and surface mounting. Surface- mounted switch shall have 3 feet of stainless steel flex conduit permanently attached to its housing with 12 inches of lead at the free end. B. Acceptable Products: 1. GE-Interlogix Series 2200 Overhead Door Mount. 2. GE-Interlogix Series 2300 Overhead Panel Door Magnetic. 3. GE-Interlogix Series 2500 Surface Mount Industrial Wide Gap. 4. GE-Interlogix Series 1076 Steel Door Contact. 5. GE-Interlogix Series 2700 -for hatches. 182239.T2.DP SECTION 13700 SECURITY/ACCESS CONTROL SYSTEM 7 March 30, 2006 Rev.0 2.9 REQUEST-TO-EXIT INDOOR MOTION SENSOR A. Passive infrared units shall be used for alarm shunting upon exiting on indoor area motion detection: 1. Alarm Contacts : Form-C, N.O . and NC. 2. Power requirements : 12V or 24 Vac, 12 or 24V de, 26mA @ l2V de . 3. Mounting plate. Wall or ceiling mounting. B. Acceptable Products: 1. Bosch DS 150/DS 151 Request-to-exit sensor. 2. Software HouseT .Rex Exit Detector. 2 .10 MOTION SENSORS -PASSIVE INFRA RED A. Passive infrared sensors shall incorporate both infrared and microwave pattern disruption for alarm activation, and shall be resistant to RFI , vibration, temperature changes and other false alarm sources. Multiple lens options shall be available including standard, wide angle, long range and extra wide angle . Masking template for zoning shall be included with lenses . B. Product requirements : 1. Alarm Contacts: Form-C , N.O . and NC . 2 . Power requirements : 12Vdc , lOmA . 3. Range : 45 feet at 90 degrees with standard lens. 4. Housing: metal. 5. Special Requirements: waterproof model for corrosive/wet areas and intrinsically safe model for areas designated on drawings. C. Acceptable Products: 1. Bosch. 2 .11 OUTDOOR MOTION SENSOR-DUAL TECHNOLOGY A. Protecting Ladders and Towers: 1. Protech Inc., Model SDI-77XL-DIR-LT, ladder mounting bracket, and junction box. 2. Enable sensor to detect approaching targets. 3. Walk-test sounder. 4. Tamper proof monitoring switch enabled. 2.12 REQUEST-TO-EXIT PUSHBUTTONS (WHERE APPLICABLE) A. Request-to-exit pushbuttons shall have a momentary double pole double throw (DPDT) contacts. 182239.T2.DP SECTION 13700 March 30, 2006 8 SECURITY/ ACCESS CONTROL SYSTEM Rev.0 B. Outdoor Use : Weatherproof, gaskted back box. C. Acceptable Manufacturers -Security Door Controls, Securitron. 2.13 REMOTE ALARM SOUNDER A. Piezo electronic sounder B. Acceptable product: Securitron piezo SonAlert sounder. 2.14 ELECTRIC STRIKES A. Electric Strikes shall be operable with the security/access control system. B. Prep door frame or center-mullion and provide the required accessories to complete the electric strike installation . C. Acceptable product: HES Genesis 9600, HES Model 700-24, HES Model 1006, Von Durpin Series 6000. 2.15 ELECTRIC PANIC DEVICES A. Electric panic devices shall be operable with the security/access control system. B. Prep the door frame and provide the required accessories to complete the installation. C. Acceptable product: Von Durpin electric panic device, power supply, transfer hinges, and accessories. 2.16 ELECTROMAGNETIC LOCK A. Electromagnetic lock shall be operable with the security/access control system. B. Prep the door and door frame to complete the installation. Provide the necessary accessories. C. Acceptable product: Securitron Magnalocks, Von Duprin Electromagnetics. 2.17 KEYPAD A. Electric keypad devices shall be operable with the security/access control system. B. Provide the necessary accessories. 182239.T2.DP SECTION 13700 SECURITY/ACCESS CONTROL SYSTEM March 30, 2006 9 Rev.O 2.18 WIRING A. Wiring types shall be as indicated on the Drawings . B. Increase wire size as required to accommodate distances and loads. 2.19 INTERCOM A. Furnish and install a complete and fully-functional Intercom system in the Guardhouse area. The system will allow persons entering or exiting the plant to communicate with the Guardhouse and the operations area. B. The intercom system inside the Guardhouse shall have one desktop terminal, one intercom server, intercom interface server if required , and other devices needed for a fully functional system. The intercom system shall contain a terminal in the plant's operation control area to allow operating staff to communicate with devices in the Guardhouse area. C . The intercom system shall be integrated with the gate control module to allow operators in the control room to open the gate if a guard is not available in the Guardhouse. D. Coordinate with Owner for the intercom system configuration. The system configuration shall completely meet the plant's intercom operation requirements. E. Manufacturer: Commend F. Intercom desktop terminal: EE 872 or equivalent G. Intercom server: GE200 or equivalent. GEI200 if needed. PART 3 --EXECUTION 3.1 INSTALLATION A. Mount card reader sensors 36 inches above finished floor (or grade, if outside). B. Card readers, contact modules, terminal cabinets and SCP locations shown are approximate. Coordinate final locations with the Owner. C. Coordinate the mounting of status switches, card readers , proximity switches , status switches and request-to-exit devices with the owner. 182239.T2.DP SECTION 13700 SECURITY/ACCESS CONTROL SYSTEM 10 March 30, 2006 Rev.O D. Electrical Requirements: electrical wiring and conduit connections to security devices shall be made in accordance with and using components meeting the requirements of Section 16011, Basic Electrical Construction Materials and Methods. E. Cabling: Cabling and interconnecting wiring shall be as indicated on the Drawings and as required to provide a complete and functional system . Wiring shall use a consistent color code throughout the systems. F. Electrical identification: 1. Cabling shall be permanently labeled at each end and and in every panel, junction box, and field device termination. 2. Field devices shall be labeled with the S/ ACS address or identification tag provided by system integrator. G. Field devices, which may allow energy to reverse in polarity or otherwise introduce voltage spikes back into the network of security wiring, shall include diode suppression as recommended by the system manufacturer. H . Field devices shall be mounted to back boxes. I. Connections to all external wiring between the security panel and the card reader/terminal shall be made on terminal strips. Connections may be made either with terminal spade lugs set on the conductors with a specail setting tool or with approved pressure type terminal blocks. J. System Conduit and Raceways: System cables shall be installed in conduit raceway systems. K. No 120V ac or higher rated equipment shall be directly connected to the security system. Interposing relays shall be used where 120V ac or higher energy equipment or circuits have to interface with the security system. 3.2 TESTING A. Test programs and procedures shall be created by the Contractor. Test procedures shall have signoff spaces for CH2M HILL, the Owner, and the Contractor. Where Owner-furnished test procedures exist, they shall be used in place of Contractor test procedures. B. The organizing, coordination of personnel, and scheduling of all tests shall be the responsibility of the Contractor. Notification of testing shall be submitted to each testing participants a minimum of 1 week prior to the requested testing date 182239.T2.DP SECTION 13700 SECURITY/ ACCESS CONTROL SYSTEM 11 March 30, 2006 Rev. 0 C. Final Acceptance Testing -At the completion of installation of panels and field devices , each system shall be tested by the Contractor with a factory-trained field technician. Factory-trained field technician shall have manufacturer certification within the last five years. 3 .3 TRAINING A. Upon completion of training the Owner shall be able to add/delete points and access cards without equipment supplier's assistance. B. Provide 8-hours training to owner staff after installation of system. END OF SECTION 182239.T2.DP SECTION 13700 SECURITY/ACCESS CONTROL SYSTEM 12 March 30 , 2006 Rev. 0 PART 1 --GENERAL SECTION 13701 CLOSED-CIRCUIT TELEVISION SYSTEMS 1.1 WORK INCLUDED A. Furnish and install a fully operational and complete closed-circuit television (CCTV) surveillance system. B. Furnish and install a fully operational and complete perimeter intrusion detection system using intelligent video motion detection system . C. Furnish and install the necessary Ethernet network components. D. Provide the engineering, completion of the detail design , and Shop Drawings for a complete and functional system. E. Provide labor, material, and services to complete the permitting, installation, and performance acceptance testing of the complete and functional system in conformance with the Owner 's and the system manufacturer requirements. F. Contractor shall be responsible for furnishing and installing incidental items not actually shown or specified which are required by good practice to provide a complete and functional system. G. Intent of Drawings : 1. Drawings show general locations of equipment, devices, and raceways unless specifically dimensioned. 2. Drawings does not depict all the required security/access control components , field devices , cabling, jumper cables, interconnects , materials and services. Contractor is responsible for a complete design and installation of the CCTV surveillance system. 1.2 RELATED WORK A. Use this Section in conjunction with the following other specifications and related Contract Documents to establish the total requirements for CCTV systems: 1. Section 13700 -Security/Access Control System. 2. Section 13702 -Intelligent Video Motion Detection system. 3. Section 16011 -Basic Electrical Construction Material and Methods . 182239.T2.AS SECTION 13701 April 2008 1 CLOSED-CIRCUIT TELEVISION SYSTEMS Rev.O B. CAUTION: Use of this Section without including the above-listed items results in omission of basic requirements. C . In the event of conflict regarding CCTV system requirements between this Section and another section, the provisions of this Section govern. 1.3 SYSTEM DESCRIPTION A. The CCTV system consists of cameras, monitors, digital control equipment, matrix switching equipment, transmitters, receivers, digital video storage and switching equipment, enclosures and cabinets, wiring, and raceways for a remotely controllable and selectable television surveillance system . B. The CCTV surveillance system shall integrate with CCTV matrix switcher, fiber optic transceivers, and digital video matrix and proposed intelligent video motion detection system. C . The CCTV surveillance system shall integrate with the access control system. D. The acceptable CCTV system manufacturer is Pelco . E. The perimeter intrusion detection system is based on intelligent video motion detection/analysis and consists of cameras , monitors , video signal processing modules , transmitters , receivers, video storage , video distribution amplifiers , switching equipment, cameras, camera mounting poles , enclosures, cabinets, cabling, power, raceways and system programming. F. The perimeter detection system as specified in Section 13 702 is a separate system with different function from the CCTV surveillance system. The perimeter detection system is specifically intended to detect , alarm, and assess the presence of intruders from the perimeter of a site. 1.4 QUALITY ASSURANCE A. Electronic Components: Comply with latest applicable standards of EIA , standard industry grade, types , and ratings commonly available in local distributor stock. Nonstandard or specially manufactured components may not be used. B. Contractor shall employ the services of an approved CCTV system integrator for programming, calibration, system startup, and testing . The integrator shall have a minimum of five years experience. C. Contractor shall have manufacturer certification within the last five years . 182239 .T2 .AS SECTION 13701 CLOSED-CIRCUIT TELEVISION SYSTEMS 2 April 2008 Rev . 0 1.5 COORDINATION A. CCTV equipment shall be interfaced with and shall be functionally compatible with the site security system provided in Section 13 700, Security/ Access Control System and per the Drawings. 1.6 SUBMITT ALS A. Provide the following within 4 weeks of award of Contract: 1. Shop drawings. 2. Written determination of the following at each camera location, consid~ring intended camera coverage areas, camera fields of view, ambient lighting levels , and serviceability: a. Lens type and focal length. b. Mounting and housing recommendations . c. Estimate of call up response time for each camera. 1.7 MAINTENANCE SERVICE A. For 2 years after acceptance, provide a maximum 12-hour response to calls for any adjustments or repairs required to keep the system fully operational without additional charge to the Owner. PART 2 --PRODUCTS 2.1 ACCEPTABLE CCTV SYSTEM MANUFACTURER A. Pelco Closed Circuit TV Systems. No substitutions allowed. 2.2 CAMERAS A. CCD Day/Night Camera: Pelco CC3770UH-6 B. Integrated Dome Camera System: Pelco Spectra III SE Series Dome System . 2.3 CAMERA LENSES A. Provide the following lenses: 3.7mm, 6mm, and 12mm fixed focal length/auto iris; 8 to 48mm and 7.5 to 75 mm focal length zoom/auto iris. B. Field verify optimal lens type for each camera location with Owner and Engineer, demonstrating on monitor actual viewing images based on proposed lens. Order and install the appropriate quantity of each type of lens. 182239.T2.AS SECTION 13701 CLOSED-CIRCUIT TELEVISION SYSTEMS 3 April 2008 Rev . 0 C. Acceptable manufacturer is compatible with Pelco cameras. 2.4 MONITORS A. 20-inch Size LCD Display : 1. Horizontal display: appro ximately 20-inch diagonal screen. 2. Resolution: 1600x1200 3. Video compatibility: VGA , NTSC, M-NTSC , PAL (selectable), HDTV. 4. Video input: analog and digital. 5. Operating Power: 100 to 240 Vac , 50/60 Hz, switchable. 6. Acceptable manufacturer: Panasonic , Sony, ViewSonic , Elo B 10-inch Color CCTV Monitor 1. Horizontal display : 10-inch diagonal screen 2. Horizontal Resolution: 350 TV lines 3. Input Voltage: 100-240 VAC, 50/60 Hz auto-ranging 4. Manufacturer and Model Pelco, PMC 1 OA or equivalent 2.5 DIGIT AL RECORDING EQUIPMENT A. SERIES DIGIT AL VIDEO RECORDER 1. Pelco Model DX8000 Series , 16-input channel , 1-TB storage. 2. The DVR shall be configured to meet the owner 's requirements. 2.6 MATRIX SWITCHING EQUIPMENT A. Matrix System: Provides synchronized, programmable , user-controlled sequencing of cameras on multiple monitors, with bidirectional connection to security/access control system . B. Acceptable manufacturer: Pelco 2.7 VIDEO DISTRIBUTION AMPLIFIER A. Video distribution amplifier, 1 input x 4 output video distribution, equal video signal strength on each output, unused ports are self terminating . B. Acceptable product: GE Security KTS-250 or KTS-250-16 . 2.8 FIBER OPTIC TRANSMISSION EQUIPMENT A. Fiber Receiver/Transmitter Unit: Transmits video and receives data over fiber. Pan/tilt/zoom control and video signals to simultaneously transmit over shared fiber strand. The units shall be rated for multimode fiber extended distance . 1. Accpetable manufacturer: Pelco. 182239 .T2 .AS April 2008 4 SECTION 13701 CLOSED-CIRCUIT TELEVISION SYSTEMS Rev. 0 2.9 CAMERA HOUSINGS AND ENCLOSURES A. Indoor Dome Enclosure With Integrated Pan/Tilt Drive: 1. Pan Drive Speed: Variable up to 270 degrees per second. 2. Tilt Drive Speed: Variable up to 110 degrees per second. 3. Operating Temperature Range: 35 to 140 degrees F. 4 . Operating Humidity Range: zero to 90 percent relative humidity, noncondensing. 5. Video Connectors : Input via BNC connector, power via screw terminal blocks, control input/output via screw terminal blocks, relay output via RJ-45 , alarm input via RJ-45 connector. 6. Mounting: Optional in-ceiling flush mount or pendant mount via standard 1-inch NPT pipe thread. 7. Power Requirements: 24 Vac, 60 Hz. B. Outdoor Dome Enclosure With Integrated Pan/Tilt Drive: Formed, high-impact cell-cast acrylic plastic domed housings with black interiors to eliminate possible light reflections. 1. Pan Drive Speed: Variable up to 270 degrees per second. 2. Tilt Drive Speed: Variable up to 110 degrees per second. 3. Operating Temperature Range: minus 40 to 140 degrees F. 4. Operating Humidity Range: 100 percent relative humidity. Heater/blower unit integral to unit. 5. Wind Resistance: Heavy rain or snow driven by winds up to 80 mph. 6. Video Connectors: Input via BNC connector, power via screw terminal blocks, control input/output via screw terminal blocks, relay output via RJ-45 , alarm input via RJ-45 connector. 7. Mounting: Pendant mount via standard 1-inch NPT pipe thread. 8. Power Requirements: 24 Vac, 60 Hz. C. Outdoor Environmental Enclosure: 1. Construction: Formed aluminum. 2. Operating Temperature Range: minus 40 to 140 degrees F . 3. Operating Humidity Range : 100 percent relative humidity. 4 . Heater/Blower Unit: Integral to unit. Heater activates during temperatures below 68 degrees F . 5 . Wind Resistance: Heavy rain or snow driven by winds up to 80 mph. 6. Video Connectors : Input via BNC connector, power via screw terminal blocks, control input/output via screw terminal blocks, relay output via RJ-45, alarm input via RJ-45 connector. 7. Mounting: Tapped holes provided on bottom of unit for mounting and balancing. 8. Power Requirements: 24 Vac, 60 Hz. 182239.T2.AS SECTION 13701 April 2008 5 CLOSED-CIRCUIT TELEVISION SYSTEMS Rev.O D. Acceptable manufacturer: Pelco . 2.10 CAMERA PAN/TILT HARDWARE A. Indoor Pan/Tilt Hardware: 1. Input Voltage: 24 Vac. 2. Power: 0.27 amp (31.1 VA). 3. Connectors: AMP CPC type . 4. Pan Drive: a. Range: Zero to 360 degrees. b. Speed: 120 degrees per second manual mode, 250 degrees per second preset mode. c . Torque: 10 foot-pounds. 5. Tilt Drive: a. Range: Zero to 90 degrees. b. Speed: 40 degrees per second manual mode, 100 degrees per second preset mode. c. Torque: 20 foot-pounds. 6. Maximum Load: 15 pounds at 5 inches from tilt table surface to center of gravity. 7. Construction: Aluminum plate; internal parts corrosion protected. 8. Presets: Minimum of 60 preposition views. B. Outdoor Pan/Tilt Hardware: 1. Input Voltage : 120 Vac. 2. Power: 0.6 amp (72.5 VA). 3. Connectors: AMP CPC type. 4. Pan Drive: a. Range: Zero to 360 degrees. b. Speed: 120 degrees per second manual mode, 250 degrees per second preset mode. c. Torque: 50 foot-pounds. 5. Tilt Drive: a. Range: Zero to 90 degrees. b. Speed: 40 degrees per second manual mode, 100 degrees per second preset mode. c. Maximum Load: 40 pounds at 5 inches from tilt table surface to center of gravity. 6. Construction: Aluminum casting and plate; internal parts corrosion protected. 7. Presets: Minimum of 60 preposition views. · C. Acceptable manufacturer: Pelco. 182239.T2.AS SECTION 13701 CLOSED-CIRCUIT TELEVISION SYSTEMS 6 April 2008 Rev. 0 2.11 CAMERA POWER SUPPLIES A. Camera power supply shall be sized for at least 20 percent growth. B. Power supplies shall be UL listed. C. Acceptable Manufacturer: Pelco. 2.12 UNINTERRUPTIBLE POWER SUPPLY (UPS) A. Uninterruptible power supply shall be sized for at least 20 percent growth. B. UPS shall be capable of providing power to equipment at full load for at least 10 minutes. C. Acceptable product: Eaton Powerware 9125 UPS, 1250VA / 875 watts, relay card, and Ethernet connection card. 2.13 ETHERNET CONNECTIVITY A. Furnish and install the necessary components , cabling and accessories to complete the Ethernet connectivity. B. Coordinate the installation of router with the local Tl provider and the owner. 2.14 RACKS A. See section 13311 -Network Equipment. 2.15 ENVIRONMENT AL ENCLOSURE A. As shown on Drawings. B. Equipment shall be installed in an enclosure that is environmentally controlled and weatherproof. 2.16 WIRING A. Furnish the necessary wiring interconnecting the components of the system as shown on the Drawings. B. Video wiring types shall be fiber optic cable unless otherwise indicated . C. Fiber optic cable installed in underground conduit shall be protected using innerduct, and cables shall be rated for outdoor use. 182239.T2 .AS SECTION 13701 April 2008 7 CLOSED-CIRCUIT TELEVISION SYSTEMS Rev.O 2.17 KEY PAD A. Furnish and install a full-functional fixed/variable speed PTZ control keypad at Guardhouse. B. Coordinate with Owner for PTZ keypad configuration to meet the Plant CCTV system operation requirement. C. PTZ Keypad shall be Pelco KBD300A. PART 3 --EXECUTION 3.1 INSTALLATION A. Camera locations shown are approximate. Locate cameras to yield optimum coverage as approved by the Owner. 3.2 ADJUSTING AND CLEANING A. Clean and touch up components to the satisfaction of Engineer. B. Lenses, equipment enclosures, windows , and monitors shall be clean and free from scratches , mars, etc. 3.3 TESTING A. Demonstrate to Owner and Engineer each camera's field of view using proposed lens type. B. Test programs and procedures shall be created by the Contractor. Test procedures shall have signoff spaces for CH2M HILL , the Owner, and the Contractor. Where Owner-furnished test procedures exist, they shall be used in place of Contractor test procedures. C. The organizing, coordination of personnel, and scheduling of all tests shall be the responsibility of the Contractor. Notification of testing shall be submitted to each testing participants a minimum of 1 week prior to the requested testing date . D . Final Acceptance Testing -At the completion of installation of panels and field devices , each system shall be tested by the Contractor with a factory-trained field technician. Factory-trained field technician shall have manufacturer certification within the last five year. 182239.T2.AS SECTION 13701 CLOSED-CIRCUIT TELEVISION SYSTEMS 8 April 2008 Rev .O 3 .4 TRAINING A. Upon completion of training the Owner shall be able to add/delete camera preset positions, add/delete cameras, and make routine minor adjustments without equipment supplier's assistance. B. Provide an 8 hour training on the CCTV surveillance system after the completion of the installation of the system. END OF SECTION 182239.T2.AS SECTION 13701 CLOSED-CIRCUIT TELEVISION SYSTEMS 9 April 2008 Rev . 0 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM PART 1 --GENERAL 1.1 SUMMARY A. Provide complete, fully operational Intelligent Video Monitor Detection System for the Fort Worth Water Department's following facilities: 1. Village Creek Wastewater Treatment Facility (WWTF) B. The purpose of the Intelligent Video Monitor Detection (IVMD) systems is to detect, categorize , and alarm the presence of intruders on a site 's perimeter. The IVMD system at the site receives analog video signals from that site's CCTV system specified in Section 13701 Closed-Circuit Televisions Systems. C. Major components of each IVMD system at the site includes , but are not limited to : 1. IVMD detection modules. 2. One IVMD server computer and software. 3. One IVMD workstation computer and software . 4. One Large screen display. 5. Ethernet switches. 6. One additional CCTV workstation if IVMD workstation is not able to display CCTV cameras at their full resolution. D. Major work items include , but are not limited to , pro viding materials , labor software , and services for : 1. Completion of the detail design, and Shop Drawings for a complete and functional IVMD system at each site. 2. Furnishing, installing , calibrating, adjusting , functional testing , documenting , starting up, Owner training , and performance acceptance testing for complete IVMD systems. 3. Furnishing two year maintenance service agreement. E. Furnish and install incidental items not actually shown or specified which are required to make each IVMD system complete and functional system that meets the functional and performance of this Contract. F. Intent of Drawings: 1. Drawings show general locations of equipment, devices, and raceways unless specifically dimensioned. 182239.T2.AS 1 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM April 2008 Rev .O 2. Drawings do not depict all the required IVMD system control components, cabling, jumper cables, interconnects , materials and services. Provide complete design and installation of each IVMD system. G. IVMD Supplier: 1. Definition : The company that develops the IVMD detection modules and the IVMD specific software that runs on these modules and IVMD server and workstation computers. 2 . Minimum Scope of Work for IVMD Supplier: a . Provide: IVMD detection modules and the IVMD specific software that runs on these modules and IVMD server and workstation computers. b. Configure applications software necessary to support all specified functional and performance requirements for the IVMD specific software . c. Active participation in the IVMD related work, including its interface with the S/ ACS and CCTV systems , for: 1) Completion of detailed design including the Security Policies and Detection Plan 2) Selection of IVMD equipment and standard software runs on IVMD equipment. 3) Submittals. 4) Coordination meetings and coordination workshops . 5) Training plans and training sessions . 6) Test plans, factory demonstration test, functional tests, and performance tests. 3. Vistascape, Inc. SiteIQ or approved equal. 1.2 RELATED WORK A. Use this Section in conjunction with the following other specifications and related Contract Documents to establish the total requirements for CCTV systems: 1. Section 13311 -Network Equipment 2. Section 13320-Fiber Optic Cable System 3. Section 13700 -Security/Access Control System. 4. Section 13701 -Closed-Circuit Televisions Systems 5. Section 16011 -Basic Electrical Construction Material and Methods. B. CAUTION: Use of this Section without including the above-listed items results in omission of basic requirements . 1.3 DEFINITIONS A. Abbreviations : 1. CCTV : Closed-Circuit Televisions 182239.T2.AS 2 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM April 2008 Rev.O -r. 2. FWWD: Fort Worth Water Department 3. FDT: Factory Demonstration Test. 4. HMI: Human-Machine Interface. 5. IVMD: Intelligent Video Motion Detection 6 . Local Area Network: LAN 7. O&M: Operation and Maintenance. 8. PC: Personal Computer. 9. PTZ: Pan-Tilt-Zoom 10. S/ACS: Security/Access Control System 11. WAN: Wide area network 12. WWTF: Wastewater Treatment Facility B. CCTV Camera Types: 1. CCTV Fixed Detection Cameras: a. Used by the CCTV system and IVMD system to fixed views of activities on the site's perimeter. b. Used by the IVMD for automatic detection of moving objects. c. CCTV PTZ Interrogation Cameras: Used by the CCTV system and IVMD system to provide flexible detailed view. C. Instructor Day: 8 hours of actual instruction time. D. Software: 1. Programming of digital devices using all types of programming language. 2. Configuring of digital devices using all types of configuring process. 3. Programs or configuration data stored in read only memory, programmable read only memory, read/write memory, disk, tape, CD, DVD, or other storage device. E. Types of Software: 1. 2. 182239.T2.AS SECTION 13702 Standard Software: Software packages that are independent of project on which they are used. a. System Software: Application independent (nonproject specific) software developed by digital equipment manufacturers and software companies. Includes, but is not limited to, operating systems; network support, programming languages (C , C++, Visual C++, BASIC, Visual Basic, etc); Office Suites (word processor, spreadsheet, database, etc.); email; security (firewall, antivirus; spam, spyware, etc.) debugging aids; and diagnostics b. Vendor Supplied Software: Software packages independent of specific security project on which they are used. Includes, but is not limited to, providing capability for, video processing, data acquisition, monitoring, alarming, human-machine interface, and diagnostics . Application Software: April 2008 3 INTELIGENT VIDEO MOTION DETECTION SYSTEM Rev. 0 a. Software to provide functions unique to this Project and that are not provided by standard software alone. b. Configuring security policy definitions , databases , tables, displays , reports, parameter lists , and operational strategies required to implement functions unique to this Project. 1.4 QUALITY ASSURANCE A. Electronic Components: Comply with latest applicable standards of EIA , standard industry grade, types, and ratings commonly available in local distributor stock. Nonstandard or specially manufactured components may not be used. B. Contractor shall employ the services of an approved IVMD supplier for programming, calibration, system startup , and testing. The IVMD supplier shall have a minimum of five years experience with IVMD systems. C. Contractor shall have current certification by the IVMD Supplier. 1.5 SUBMITTALS A. Security Policies and Detection Plan: 1. 2. 182239.T2.AS SECTION 13702 Block Diagrams for IVMD system, CCTV system, and S/ ACS. Detection Performance Plan: a. CCTV Detection Camera Details Spreadsheet: A single spreadsheet with one column per camera showing: 1) Tag number (as shown on site drawings), Manufacturer, model number, and link to spec sheet. 2) Resolution (TV lines) of analog video signal. 3) Resolution (pixels) of video frames processed by video detection software . 4) Resolution (pixels) of video frames viewable on IVMD workstation. 5) Resolution (pixels) of video frames viewable on CCTV workstation. 6) Mounting location, height, tilt angle, direction pointed, and field of view setting (degrees) for manual zoom lenses. 7) Size in vertical pixels of a 1.6 meter (5' 3") standing human at distances of 100, 200, 300, 400, and 500 feet from the camera. 8) Maximum distance from camera (feet) at which there is a very high probability that a moving, 1.6 meter standing human will be correctly classified as a human during daylight with favorable weather conditions. 9) Maximum distance from camera (feet) at which there is a very high probability that a moving, 1.6 meter standing human will be April 2008 4 INTELIGENT VIDEO MOTION DETECTION SYSTEM Rev. 0 correctly classified as a human during the night with severe weather conditions (heavy rain and heavy winds). b. Site Layout Drawing: For each CCTV Detection Camera: 1) Tag name . 2) Camera location and graphic representation of field of view. 3) Within a camera 's field of view , mark the distances of 100 ,200, 300,400, and 500 feet from the camera. Distances off-site by more than 100 feet need not be shown. 4) Annotate above "distance marks" to indicate the size (vertical pixels) of a 1.6 meter (5 ' 3") standing human. 5) Identify and annotate blind spots that are not covered by CCTV detection cameras. c. CCTV Detection Camera Details Explanation: 1) Detailed definition of calculations used in spreadsheet. 2) Detailed description of assumptions made in construction spreadsheet, calculations, and Site Layout Drawings. 3. Sample Camera Video DVD: For each proposed CCTV detection camera, sample video from a temporally mounted camera of what would be seen by that camera. In the video include a person just outside the fence walking toward the camera, over the distance for which the camera is intended to cover. B. Shop Drawings , Hardware : 1. IVMD System Block Diagrams and Overview Descriptions. 2. Bill of Materials for IVMD System Components: Component name, manufacturer, model number , component description, and quantity. 3. Room Layout Drawings: Show to scale including enclosures, furniture, IVMD System equipment, and service area requirements. 4. Power Connection Diagram: For IVMD System equipment, show interconnection from power sources through uninterruptible power supplies and power distribution panels, to computer and peripherals. 5. Grounding Diagram: For IVMD System equipment show grounding philosophy and implementation. 6 . Interconnecting Wiring and Cabling Diagrams : For IVMD System equipment, identify terminal receptacles , cable ID tags, actual cable lengths , and maximum distance limitations between cabinets or components . 7 . Component Submittal: For each IVMD System component: a. General data and description. b. Engineering Specifications and data sheets. c. Scaled drawings and mounting arrangements. d. Equipment weights. e. Power and grounding requirements. f. External electrical interconnection and interface definitions. 182239.T2.AS 5 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM April 2008 Rev.O 8. Shop Drawings for Racks and Enclosures for Mounting IVMD System Components: a. A complete connection diagrams. b. Data sheets on each major item, annotated as necessary to describe specific items furnished. c. Scaled layout and fabrication drawings. 1) Cable access areas and cable routing. 2) Power termination and ground lug location. 3) Data cable termination points. 4) Anchor bolt size and location. d. Installation and mounting detail drawings. e. Equipment weights. 9. Power Consumption and Heat Dissipation Summary for IVMD System Equipment: Voltages, current, phase(s), and maximum heat dissipations in Btu/hr. C. Shop Drawings, Software: 1. Standard Software Documentation: a. b. 182239.T2.AS System Software Documentation: Complete reference information for system users. Detailed descriptions including features and limitations of software packages. IVMD System Software: Detailed technical reference manuals and user level manuals. 1) System Manager Documentation: a) Initial system setup. b) Database and file structures. c) Communication between devices connected to IVMD LAN. d) Maintaining system and files. e) Troubleshooting system problems. f) Backup procedures for disk files . g) Optimizing performance . 2) System Engineer Documentation: Configuring, applications software. a) Operating platform server, client, multi-server, multi-client architecture requirements. b) Security policy configuration c) HMI interface general functions. d) Communication divers. e) Development tools . f) Graphics display editor. g) Alarm functionality. h) Historical data logging, data control, and access functionality. April 2008 6 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM Rev.0 - i) Report generation. j) System security . D. Owner Training Plan Submittal: Approval required prior to starting training . E. Testing Submittals: 1. Factory Demonstration Test: a. Detailed test plan. Approval required prior to conducting tests. b. Documented test results. 2. Functional Tests: a. Detailed test plan. Approval required prior to conducting tests. b. Documented test results. 3. Final Performance Test: a. Detailed test plan. Approval required prior to conducting tests. b. Documented test results. F. O&M Manuals: 1. O&M Manuals -Hardware. 2. O&M Manuals -Software Documentation. 1.6 COMPLETION OF DETAILED DESIGN A. Schedule: 1. Prior to making shop drawing submittals, the Contractor complete the detailed design of the IVMD system, CCTV system, and S/ACS. 2. Begin the detailed design process by holding coordination meetings to establish the necessary perimeter detection security policies. 3. Determine how the CCTV and IVMD systems will be set up to detect and report violations of the security policies . 4. Submit a "Security Policies and Detection Plan" for the WWTf as described under Article SUBMITT ALS , Security Policies and Detection Plan. 5. Continue detailed design. 6. Submit shop drawing submittals. B. Coordination Meetings for Security Policies and Detection Plan : 1. Location: FWWD facilities. 2. Attendees: Contractor, Owner, Engineer, and representatives from the S/ACS, CCTV, and IVMD suppliers. 3. Format: Workshop. 4. Session 1: Initial Training a. Overviews of the S/ACS, CCTV system, and IVMD systems and how they interface with each other. 182239.T2.AS 7 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM April 2008 Rev. 0 b. Introduction to how IVMD systems works. Include live or simulated demonstration of a typical IVMD system with emphasis on the "look and feel" of the human-machine interface. c. Examples of typical security polices and that might be applicable to the WWTFs. d . Duration : One day. 5. Session 2 : Workshop to Establish Security Policies. a. For the WWTP establish the security policies necessary for perimeter detection. b. Duration: One day. 6. Session 3: Camera Locations and System Configuration a. For the WWTF establish the best locations and views for CCTV cameras, including requirements for any additional cameras if needed. b. Update the block diagrams for each system. c. Duration: One day. 1. 7 MAINTENANCE SERVICE AGREEMENT A. Provide the following special requirements for the IVMD system. 1. Direct support by the IVMD supplier for trouble shooting and resolving hardware and software problems for two years from the day the system accepted by the Owner. 2. Software Subscription License: For all IVMD system standard software packages, provide and install applicable patches, upgrades , and new versions that become available during the duration of the Maintenance Service Agreement. Refer to PART 2 for definition of"IVMD System standard software packages". 3. Direct telephone support by IVMD supplier. PART 2 --PRODUCTS 2.1 GENERAL A. Refer to the Security/CCTV Control Block Diagrams in the Drawings for the WWTF. Primary components shown include: 1. IVMD Detection Modules: 182239.T2.AS a. b. C. Detect moving objects in video stream. Independent rack mounted units. Failure of one module has no impact on other modules. Provide space in the rack for addition of future modules equal to 50 percent of the module provided under this contract. April 2008 8 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM Rev. 0 d. For fixed CCTV cameras, detect the motion of objects , and send data related to this motion to the IVMD Web Server. Send streaming video to IVMD Web Server. e. For CCTV PTZ cameras send streaming video to IVMD Web Server. f. Inputs: 1) Connected to CCTV system video distribution amplifiers . 2) Receive analog video signals from all CCTV cameras . g. Outputs: 1) Connected by Ethernet switch to IVMD Server. 2) Send Digital video from each CCTV camera, and information mo v ing objects. 2. IVMD Web Server: a. Receives inputs from IVMD detection modules. b. Process and saves information on moving objects. c. Responds to commands from IVMD workstations. d. Manages streaming video to the IVMD workstation. 3. IVMD Workstation: a. Receives data from IVMD server. b. Provides the Human/Machine interface for the IVMD system. 4. Large Screen Display: a. Driven by the IVMD System Workstation. b. Provides large display of information shown on IVMD Workstation screen. 5. Ethernet Switch: Connects IVMD detection modules, IVMD web server, and IVMD workstations to IVMD local area network (LAN). 6 . Router: Connects IVMD LAN to FWWD wide area network (WAN). 7. Additional CCTV Workstation. If the IVMD Workstation is not able to display video from CCTV cameras in their full native resolution , provide an additional CCTV Workstation adjacent to the IVMD workstation that can provide full resolution displays for all CCTV cameras. B. Application Software: Refer to Part 1, Article DEFINITIONS , Software. 1. In addition to supplying all standard software for the IVMDs, provide application software necessary to make the IVMD systems totally operational and able to pass all functional and performance testing. 2. For the WWTF, implement the site's "Security Policies and Detection Plan" based on approved submittals that document the decisions made during the Coordination Meetings for Security Policies and Detection Plan. C. Latest Equivalent Equipment and Software Components: 1. The hardware and software components specified in this Section are based on high performance and quality products that were available in July 2006 from major manufacturers. Under this Contract provide products that: 182239.T2.AS 9 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM April 2008 Rev .0 a. Include at least the features specified. b. When installed on site , have the same relative place in the market that the component specified, had in July 2006 . For example , if a high performance server is specified herein as having a processor speed of 3.4GHz, and at the time that this processor is delivered the nominal processor speed for high performance servers is 4.4GHz, provide the server with 4.4GHz processor. c. Allow the applications running on these computers to meet all the performance requirements established for these applications. d. Are the latest revision available from the manufacturer for commercial use. 2. The component specifications give both functional and performance requirements. The following are some examples of how these requirements will be applied to proposed components: a. Example 1: If a computer has a functional requirement for two hard drives , and a performance requirement for 50 Gigabytes each, then: 1) Provide for that computer at least two hard drives that each have at least 50 Gigabytes . 2) One 100 Gigabyte drive would not be not an acceptable substitution. 3) If the applications running on the computer require more hard drives or larger hard drives in order to operate provide them . 4) If meeting overall system functional or performance requirements requires more or larger hard drives, provide them . b. Example 3: Where a software component is specified by name, for example , Windows XP Professional , supply the current version of the Microsoft Windows operating system that is recommended by the IVMD Supplier for that application. D. Like Equipment Items: 1. Use products of one manufacture and of the same series or family of models to achieve standardization for appearance, operation, maintenance , spare parts , and manufacturer's services. 2. Implement all same or similar functions in same or similar manner. 2.2 IVMD SYSTEM FUNCTIONAL AND PERFORMANCE REQUIREMENTS A General Requirements: 1. Detection and Classification: a . In real-time detect, locate geographically, allow classification and track objects passing through the field of view. 182239.T2.AS 10 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM April 2008 Rev .O b. Classify these objects according to specific user defined criteria including height, width, speed, direction and other characteristics necessary for situational awareness and incident management. c. Display results on the IVMD Workstation. Provide support for multiple IVMD Workstations. d. Provide this capability under the full range of weather conditions that are present in Fort Worth, Texas. 2. Human-Machine Interface (HMI) Display: a. Real-time, geographically located, classification by designated type icons that geo-locate the object within a 3D, graphical representation of the site. b. Shows on the graphical representation of the site, the boundaries of the security policies that have been defined. c. Audible and visual alarms to allow an operator, once alerted, to manage the incident through the situational display. d. Display dialogue boxes that prompt the operator in protocols in accordance with predetermined policies. e. Capable of identifying, classifying and tracking a minimum of 50 individual objects per camera. 3. Security Policies: a. Totally adaptable to user-defined security policies for the site. b. Provide total flexibility to support numerous different policy regions/zones that generate a variety of responses based on location and threat levels. c. Support for user-definable threat levels comprised of multiple, user- defined alarm policies. d. Programming of policy regions/zones shall be through a single centralized system that integrates individual cameras without the need to program each camera separately. e. Allows boundaries for security policies to be drawn directly on the graphical representation of the site. Coordination of specific cameras with specific security policies is a completely automatic function. When a user draws a security boundary, the system will automatically select and used for detection the cameras that provide coverage for that area. B. 3-D Digital Site Model: Develop a three dimensional digital site model including site customization for: 1. Standard Desktop Model Display: Use as the basis for the situational display for the system. Under normal conditions display model as a "birds eye" view of entire site. As the situation may require, i.e. in the event of an alarm, allow display to be rapidly rotated by the operator between "birds eye" and ground level views. 182239.T2.AS 11 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM April 2008 Rev.0 2. Model Source: Prepare the model from commercially available satellite imagery or Owner provided imagery . 3. Model Updates: Allow digital model to be updated over time to reflect new construction (the addition of new buildings or features , or modification of existing) or other acti vities that would impact the topographic and/or physical characteristics of the customer site. 4. C. Real-Time Video Input Analysis: 1. Detection and Classification of Moving Objects. a. Clarification: The following is a general performance requirement for the CCTV and IVMD systems. Although this is not a description of specific security policies to be implemented at each plant, this performance requirement will be measured during the final Performance Testing . b. Performance Requirement: Together the CCTV and IVMD systems shall have the ability to correctly detect, and correctly classify as human, a moving object: 1) Which is an upright 1.6 meter (5" 3 ") tall human. 2) At any location outside the perimeter fence of any of the WTPs , but within 20 feet of the site 's perimeter fence. 3) At any time of day. 4) With weather conditions that vary from favorable to severe (heavy rain and heavy winds), as are known to occur in Fort Worth, TX. 2. Show all video identified objects on geographically accurate 3-D digital site model (the Standard Desktop Model Display). 3. Allow all current and recent object(s) geographical locations being plotted on the same view in the IMVD Workstation display. 4. Using video analysis , combined with CCTV System input, detecting, classify, and tracking object(s) urider a wide range of physical and environmental conditions. 5. To reduce false alarm rate , "Tuning out" visual noise caused by small animals, leaves and brush, and other repetitive mechanical movement. Fine tuning is at the discretion of the system administrator. 6. Support detecting, classifying, and tracking a minimum of 50 objects per camera. D. Real-Time Video Display on IVMD Workstation. 1. Link the video recorded in response to an alarm condition to the user interface to the event data that triggered the alarm. 2. Automatically control CCTV System PTZ interrogation cameras (where available) to follow and display object(s) being tracked by IVMD system . 3. From the IVMD Workstation allow complete manual control and display of CCTV PTZ cameras. 182239.T2.AS 12 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM April 2008 Rev. 0 4. If the IVMD Workstation is not able to display CCTV cameras in their full native resolution, provide an additional CCTV Workstation adjacent to the IVMD workstation that can provide full resolution displays for all CCTV camera. E. Zones , Alert, and Alarm Configurations : 1. When an object is detected: a. Trigger an audible and visual representation of the alarm on the IVMD Workstation Standard Desktop Model Display showing the alarm object at its real world location. b. Control a camera PTZ interrogation camera (if any is available) to view the object. 2. Define system policies and rules at the sensor le vel and at the site model level to determine the object parameters and evaluate potential threats. 3 . Allow each policy rule to have one or more threat conditions under which it is active. For example under the highest threat condition 500 foot might be defined as an "early warning zone", while under the lowest threat condition the "early warning zone" might be only 100 feet. 4. In the event of communications failure or interruption of video feeds, trigger an alarm in the IVMD Workstation that describes the location and nature of malfunction for follow-up . Upon notification of a failure allow authori zed persons to open a web page illustrating the status of all cameras attached to the system to support diagnosis of the failure. 5. Prioritize alarms in accordance with user defined criteria. As a default, prioritize alarms in the order in which they are received. 6. Allow operators to list and query details about each event. 7. Support alarm correlation with local and Homeland Security Advisory Systems. 8. Support numerous policies that require a variety of responses including "on the fly" configurations by the operator. 9. Allow zones to be generated geographically in real-time by the operator of the Standard Desktop Model Display. F. Command and Control Management: 1. Operational control ofIVMD system reside exclusively at the IVMD Workstation. 2. Provide at least three password protected levels of users: Operator 1, Operator 2, and Administratior. Limit policy changes to the Administrator level. 3. Upon alarm, display policy based event specific data to the operator. 4. Display predetermined policy protocols via on screen dialogue boxes to prompt the operator in incident management. G. Reporting and Archiving (Digital and paper): 182239.T2.AS April 2008 13 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM Rev.O 1. Store detection and alarm e vents information in a database storage for easy data access by operators and for back-up. 2 . Upon alarm, provide the ability to list and query details about each incident. Make alarm logs available on demand by zone , time and/or date for the operator. 3. Provide built in support for digital video recording and archive management for time-lapse , alarm triggered and user initiated recording . Provide a well defined , open interface to allow 3rd party DVR manufacturers to integrate their equipment to the system. , 4. Set up IVMD system to access the WWTFs existing DVRs and DVRs provided under this contract. H. Integration with The Security/ Access Control System: 1. The IVMD system shall be integrated with the Software House access control system. 2. Receive alarms and inputs from the S/ ACS from external sensors and display them as icons on the Standard Desktop Model Display. I. System Platform to Provide Support for Future Expansion: 1. Platform: Open, modular architecture , policy based security platform that uses intelligent software operating on industry standard network and "off the shelf' server technology to manage and distribute input data from multiple surveillance sensors. Provide an open, published XML architecture that allows easy integration with 3rd party equipment and software. 2. Software capability to support the future expansion into laptop, mobile, or other wireless devices. 3 . Software interconnect via TCP/IP. 4. Software readily scalable to support multiple cameras , sensors and support policy across a large surveillance area. 5. Software supports input from a minimum of 100 cameras and/or sensors that trigger alarms and correlate events from these sensors including identification of "friendly " objects (authorized objects or animals) to minimize false alarms . 2.3 COMPUTER HARDWARE A. Components : 1. Refer to CCTV and IVMD System Block Diagram in drawings. 2 . Quantities, functions , and performance requirements in the following table are to be interpreted as noted under PART 2 article General , paragraph Latest Equivalent Equipment and Software Components. 3 . Equipment Specifications: Refer to following table . Requirements are minimums unless otherwise noted. 182239 .T2.AS April 2008 14 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM Rev. 0 4. 5. 182239.T2.AS SECTION 13702 Only the major required components are listed in the following table. Provide all additional components necessary to make the IVMD system fully operational and meeting all specified functional and performance requirements. Manufacturer for IVMD Workstations and IVMD Web Servers: Dell, no substitutions allowed. April 2008 15 INTELIGENT VIDEO MOTION DETECTION SYSTEM Rev.0 B. IVMD Web Servers and IVMD Workstation: REQUIREMENTS IVMD WEB SERVER Quantity One Model Dell PowerEdge 2800 Mountin g Rack Processors Two Intel Xeon Processor Speed 3 .6 GHz Processor Cache 2MB Processor Front Side 800 MHz Bus Memory 4 GB DDR2 Dual Ranked DIMMs Hard Drives Four 146GB, 15K RPM Ultra 320 SCSI RAID Configuration Raid 5 Additional Hard Drives As required to meet specified IVDM system functional and performance requirements. Optical Drive 24X DVD+R/+R W Floppy Disk Drive Yes Monitor Type 17-inch flat panel LCD Monitor Native UXGA (1600 x 1200) Resolution Graphic Card Dell Standard Graphic Card Video Memory Network Adapters Integrated I 0/ I 00 / l 000 Gigabit Ethernet (NIC) Type Network Adapters Two Quantity Redundant Power Yes , hot swappable suooly Tape Backup PowerVault lOOT , DAT72, 36172GB, Internal Tape Backup Unit Redundant cooling Yes Operating System Windows 2003 Standard Server Standard Edition with 5 CALs Other Ports Two USB 2.0, serial, Two 9-pin serial, 1 PS/2 mouse; l PS /2 keyboard Keyboard Standard Windows Mouse USB, 2-button, optical, scroll Speakers Internal 182239.T2.AS 16 SECTION 13 702 INTELIGENT VIDEO MOTION DETECTION SYSTEM IVMD Workstation One Dell Tower One Pentium 4 w/HT enabled 3 .2 GHz l MB 800 MHz Dual channel, 2x512 MB PC2-4300 DOR I 024 MB total Two 40 GB, 7200-RPM Serial AT A in Raid-I array RAID I Disk mirroring As required to meet specified IVDM system functional and performance requirements . 24X DVD+R/+RW Yes 20-inch flat panel LCD (see details below) UXGA (1600 x 1200) 188 MB PCie x 16 nVidia, Quadro FX 1300 128MB Integrated 10/100/1000 Gigabit Ethernet One No None No Windows XP Professional Two USB 2 .0, serial, RJ-45 network, video . Standard Windows USB, 2-button, optical, scroll External April 2008 Rev.O C. Large Color Display : 1. Type : Professional series LCD. 2. Size : 42-inch Size Color Display. 3 . Serial RS-232 control input. 4. Standard BNC component: input video/RGB input and Audio Input, Composite video input, composite video output, S-video input and Audio input. 5. Contrast ratio: Up to 4 ,000 to l . 6. Panel life: 50 ,000 hours minimum. 7. Resolution: 1920 x 1080 or higher 8 . Standard television industry signal compatibility: VGA, SVGA,XGA, SXGA, UXGA. 9 . Standard video compatibility: NTSC, PAL, SECAM 10. High density compatible. 11. Wall mounting accessories . 12. Manufacturer: Sharp or Equal. D. 20-inch Size LCD Display: 1. Horizontal display: Nominal 20-inch diagonal screen. 2. Resolution: 1600x1200. 3. Video compatibility: VGA, NTSC, M-NTSC , PAL (selectable), HDTV. 4. Video input: Analog and digital. 5. Operating Power: 100 to 240 Vac , 50/60 Hz, switch able . 6. Manufacturer: Panasonic , Sony, or Viewsonic. 2.4 UNINTERRUPTIBLE POWER SUPPLY (UPS) A. UPS including batteries sized for at least 20 percent growth. B. Battery Capacity: Capable of providing power to equipment at full load for at least 10 minutes. C . Manufacturer: Eaton Powerware 9125 UPS , 1250VA / 875 watts, relay card, and Ethernet connection card. 2 .5 ETHERNET LAN AND WAN CONNECTIVITY A. Furnish and install the necessary software , components , cabling, and accessories to complete the Ethernet connectivity for: 1. The IVMD LAN 2. 3. 182239.T2.AS Connection ofIVMD LAN to the CCTV LAN. Connection ofIVMD LAN to the FWWD WAN. 17 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM April 2008 Rev.O 2 .6 RACKS A. As specified in Section 13311. B. Manufacturer: HP C. Furnish the necessary wiring interconnecting the components of the system as shown on the Drawings . 2.7 FACTORY DEMONSTRATION TEST: A. Purpose: 1. To demonstrate that the IVMD System equipment and software is ready for shipment to the WWTF site . 2. This is short demonstration of major equipment and functions, and is not considered an acceptance test. B. Duration: One day for the WWTF. C . Location: Contractor's or IVMD Supplier's facility. D. Timing: Prior to shipment ofIVMD System to the WWTF site. E. Prerequisites: Approval of Detailed Test Plan submittal. F . Equipment: The entire IVMD system plus at least one of the project's fixed CCTV cameras and one project's PTZ CCTV cameras. G. Tests : 1. 2. 3 . A detailed walk through or all equipment including checking/recording of equipment manufacture and model numbers, mounting, and interconnections. A detailed walk through of standard software products installed and supporting user documentation. A demonstration of the systems primary operating functions and displays. PART 3 --EXECUTION 3.1 TESTING GENERAL A. Test programs and procedures shall be created by the Contractor. Test procedures shall have signoff spaces for CH2M HILL, the Owner, and the Contractor. Where Owner-furnished test procedures exist, they shall be used in place of Contractor test procedures. 182239.T2.AS 18 SECTION 13 702 INTELIGENT VIDEO MOTION DETECTION SYSTEM April 2008 Rev.O B. The organizing, coordination of personnel, and scheduling of all tests shall be the responsibility of the Contractor. Notification of testing shall be submitted to each testing participants a minimum of 2 week prior to the requested testing date . C. At the completion of installation of panels and field devices, test each system with a factory-trained field technicians . Factory-trained field technician shall have manufacturer certification within the last five years. 3.2 INTEGRATED FUNCTIONAL AND PERFORMANCE TEST A. Purpose: To demonstrate that the IVMD System equipment and software meets the specified functional and performance requirements and is ready for operation. B. Location: Village Creek WWTF. C . Prerequisites: 1. An unwitnessed version of this testing has be successfully completed . 2. Approval of Detailed Test Plan submittal. D. Equipment: The entire S/AC, CCTV, and IMVD system. E. Tests: 1. Optical Video Test: a. Verify camera video displays recognizable shapes and movement in the object detection window . b. Verify that objects near and far are in focus. 2. Object Detection Test: Verify that a border bounds non-stationary objects in the object detection window. 3. Motion Detection Test: Verify that non-stationary objects produce pixels in the motion detection window. 4. Optical Video: a. Verify camera video displays recognizable shapes and movement. b. Verify that objects near and far are in focus. 5. Pan Tilt Zoom: 6. 7. 182239 .T2 .AS a. Verify that pan, tilt, and zoom controls work from the IVMD Workstation. b. Verify that the range of camera pan is not obstructed by nearby fixed objects, such as its mounting pole. c. Verify that the pan and tilt stops are not in the primary field of view. Streaming Video : Verify that every camera can stream video to the IVMD Workstation display. Object Filtering: Verify that filtered objects do not display as icons in the 30 World. April 2008 19 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM Rev.O 8. Object Icon Display: Verify that the correct icons display in the 3D World in the proper location 9. Icon Path/Direction Indication: Verify that an object's Path and Direction display matches its actual path and direction 10. Object Entry in Subject List: Verify that a detected object shows up in the Subject window object list 11. Object Classification: Verify that an object is detected with the correct classification (pedestrian, automobile, bird, airplane, etc) 12 . Record Video: Verify that streaming video can be recorded and replayed 13. Record Snapshot: Verify that streaming video snapshot can be saved and displayed 14. PTZ Tool: Verify that clicking on a location in the 3D World causes an Interrogation camera to display a video stream of the selected area. The location selected has to be within the range of a preconfigured Interrogation camera. 15 . PTZ device control in streaming video window: Verify that clicking device control buttons in the PTZ video streaming windows causes a PTZ interrogation or detection camera to move in the manner selected. The location selected has to be within the range of a preconfigured Interrogation camera. 16. Display History: Verify that Display supports display of a history of past icons in the 3 D World. 17 . Alarm Zone Creation: Create an alarm zone 18. Alarm Trigger: Verify that when an object crosses the alarm zone boundary, the region becomes active. 19. Alarm Response: Verify that preprogrammed actions occur when an alarm event occurs. 20. 3D World Layers: Verify that Display supports the ability to toggle all defined layers on or off. 21 . Show Sensor Icons: Verify that all sensor icons appear and disappear on command 22. Show Sensor directional lines: Verify that all sensor directional lines appear and disappear on command . 23. Show Sensor fans: Verify that all sensor fans appear and disappear on command 24. Display Reports : a . Verify that Display supports the ability to display reports via the Reports toolbar icon. b. Verify that each report displays relevant data. 3.3 FINAL PERFORMANCE TEST A. Purpose: To demonstrate that: 1. The established security policies are working correctly 182239.T2.AS 20 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM April 2008 Rev .O 2. The overall requirements for detection of a human moving outside the perimeter fence are working correctly. B. Location: Village Creek WWTF. C. Duration: Two weeks. D. Prerequisites : 1. The Functional and Performance Test has been successfully completed. 2. Approval of Detailed Test Plan submittal. E . Equipment: The entire S/ AC, CCTV, and IMVD system. F. Test Format: During a two week period, persons under the direction of the Owner will take steps to trigger individual security policies. These actions will take place on a random schedule . This schedule will not be made available to the contractor, contractor's subcontractors and suppliers, or of the Owner's operational staff involved in monitoring the security systems. G. Test Follow Up Coordination 1. At the conclusion of the WWTFs test, hold a coordination meetings to analyze results of the test. 2. Attendees: Contractor, Owner, Engineer, and representatives from the S/ACS , CCTV, and IVMD suppliers. 3. If a security policy is found to be in error, resolve and implement a correction. 4. If a security policy is correct, but not being detected by the IVMD system, investigate the problem and develop solutions. If there is a solution that is within the scope of this contract implement the solution. 3 .4 TRAINING A. IVMD System Training: 1. Purpose: 2. 3. 4. 5. 6. 182239.T2.AS a. To cover the operation and maintenance of features of the IVMD systems. b. To prepare staff to witness the functional and performance testing. Duration: Two days. Location: Owner's facility. Timing: a. Prior to starting witnessed Functional and Performance Test. b. Prior to Owner taking over operation of the system. Prerequisites: Approval of Detailed Training Plan submittal. Equipment: Partial IVMD system plus at least one of the project's fixed CCTV cameras and one project's PTZ CCTV cameras. April 2008 21 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM Rev.O 7. Topics: a. Explanation from block diagram standpoint of individual hardware software components and their functions. b. How to use the IVMD workstation and server. c. Troubleshooting . 8. Upon completion of training the Owner shall be able to: a. Change any of the IVMD systems settings for any camera. b. Complete the setup of an additional CCTV fixed detection camera, CCTV PTZ interrogation camera, and an IMDV detection module. c. Trouble shoot common system failures. d. Start IVMD system from power off state. e. Modify existing add , modify , and delete existing security policies . f. Backup and restore data on hard drives. END OF SECTION 182239.T2.AS 22 SECTION 13702 INTELIGENT VIDEO MOTION DETECTION SYSTEM April 2008 Rev.O SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS PART 1 --GENERAL 1.1 WORK INCUDED A. General requirements specifically applicable to Division 16. B. Work Included: 1. Demolition. 2. Conduit. 3. Surface raceways . 4. Wire and cable. 5. Boxes. 6. Cabinets and enclosures. 7. Terminal blocks and accessories. 8. Wiring devices. 9. Supporting devices. 10. Electrical identification. 11. Individually mounted circuit breakers. 12. Disconnect switches. 13. Grounding. 14. Dry-type transformers. 15. Panel boards. 16. Lighting. C. Work Excluded: 1. Power company metering facilities. D. The Contractor shall be responsible for furnishing and installing incidental items not actually shown or specified but which are required by good practice to provide complete functional systems. E. Intent of Drawings: 1. Plan drawings show only general locations of equipment, devices , and raceways unless specifically dimensioned. 2. The Contractor shall be responsible for the proper routing of raceway. 182239.T2.AS April 2008 1 SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS Rev.O 1.2 RELATED WORK A. Use this Section in conjunction with the following other specifications and related Contract Documents to establish the total general requirements for the project electrical systems and equipment. 1. Division l sections included in the project specifications . 2. The Contract. B. CAUTION : Use of this Section without including the above-listed items results in omission of basic requirements . 1.3 DESIGN REQUIREMENTS A. For materials specified in this Section, minimum standard of quality shall be in accordance with applicable industry standards , including , but not limited to , NEMA, ANSI , IEEE, UL , and federal standards publications. B. Electrical components shall be UL listed and labeled and meet applicable requirements of Factory Mutual.. C. Compliance by the Contractor with the provisions of this Specification does not relieve him of the responsibilities of furnishing equipment and materials of proper design , mechanically and electrically suited to meet operating guarantees at the specified service conditions. D. Equipment and devices to be installed outdoors or in unheated enclosures shall be capable of continuous operation within an ambient temperature of -20 to 130 degrees F, and a relative humidity of zero to 95 percent. E . Where applicable , equipment and installation shall meet requirements for corrosive and hazardous locations . F. Conform to the latest codes and legal requirements , obtain permits, and arrange for inspections . 1.4 SUBMITT ALS A. Provide product data on the following within 4 weeks of the Bid: 1. Surface raceways . 2. Cable trays. 3. Handholes. 4. Wire and cable . 5 . Wiring devices. B. Provide test reports within 30 days of test. 182239 .T2.AS 2 SECTION 16011 BASIC ELECTRJCAL CONSTRUCTION MATERJALS AND METHODS April 2008 Rev. 0 C. Provide the following as soon as they are available: inspection and permit certificates, certificates of final inspection and acceptance from the authority having jurisdiction, and operation and maintenance manuals. PART 2 --PRODUCTS 2 .1 MATERIALS AND EQUIPMENT A. Materials and Equipment: labeled and/or listed as acceptable to the authority having jurisdiction as suitable for the use intended. B. Where two or more units of the same class of material are required , provide products of a single manufacturer. Component parts of materials or equipment need not be products of the same manufacturer. C. Provide manufacturer's standard finish color except where specific color is indicated. 2.2 METAL CONDUIT AND FITTINGS A. Rigid Steel Conduit: rigid galvanized steel. B. PVC Externally Coated Conduit: rigid galvanized steel conduit with external 20-mil PVC . coating and internal phenolic coating over a galvanized surface. C. Fittings and Conduit Bodies : threaded type or compression type for material to match conduit. 2.3 NONMETALLIC CONDUIT AND FITTINGS A. Rigid Nonmetallic Conduit: Schedule 40 PVC. B. Electrical Plastic Tubing (EPT): PVC. C. Liquidtight Nonmetallic Flexible Conduit: flexible plastic conduit. D. Fittings and Conduit Bodies: PVC. 2.4 CONDUIT SUPPORTS A. Conduit Clamps, Straps, and Supports: galvanized steel , cadmium plated, or malleable iron for metallic conduit, nonmetallic for nonmetallic conduit. 2.5 SURF ACE RACEWAY A. Surface Metal Raceway: sheet metal channel with screw-type fitted cover.. 1. Finish: gray enamel. 182239.T2.AS April 2008 3 SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS Rev. 0 B. Surface Non-metallic Raceway: Ex ample Product: Panduit Model T-70 Raceway , UL-listed , Color light gre y. C. Wiring Duct: General purpose control panel wiring and to route and protect wiring in enclosures . UL listed , Color light gray , with cover 1. Example Product: Panduit Wide Slot Wiring Duct. D. Fittings: couplings , elbows , and connectors designed for use with raceway system with which they are to be used . E. Boxes and Extension Rings: designed for use with raceway system with which it is to be used . 2.6 HANDHOLES AND PULLBOXES A. Precast Concrete : air entrained, 3,000-psi compressive strength at 28 days. B. Reinforcing : AASHTO H-20; bridge loading. C . Precast Handholes and Pullboxes: Example product: Oldcastle Precast Models HS- 10 and HS-20 . D. Fibervault: Example product: Oldcastle Precast E. Polymer Handholes: Install in non-vehicle traffic locations. 1. Example product: Oldcastle Precast Model Polymer 2.7 BUILDING WIRE A. Power Systems 600V or Less : 1. Conductor: stranded copper, 600-volt insulation. Minimum size 12 AWG. 2. Insulation Type: THHN/THWN. B. Signal Circuits : 1. Special cables shall be as specified on the Drawings. 2.8 OUTLET BOXES A. Sheet Metal Outlet Boxes: galvanized steel with 1/2-inch male fixture studs where required. Minimum depth of 2 inches . B. Nonmetallic Outlet Boxes: minimum depth of 2 inches. Provide gasketed, watertight cover. 182239.T2.AS April 2008 4 SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS Rev.O C. Cast Boxes: copper-free aluminum or cast Feralo y, deep-type, gasketed cover, threaded hubs. Minimum depth of 2 inches . For hazardous locations, provide boxes approved for applicable atmosphere classification. 2 .9 PULL AND JUNCTION BOXES A. Sheet Metal Boxes: galvanized steel. B. Sheet Metal Boxes Larger Than 12 Inches in Any Dimension: hinged enclosure in accordance with paragraph 2.12 , Hinged Cover Enclosures. C. Cast Metal Boxes for Outdoor and Wet Location Installations: NEMA 250 ; Type 4 and Type 6, flat-flanged, surface-mounted junction box, UL listed as raintight. Galvanized cast Feraloy or cast aluminum box and cover with ground flange , neoprene gasket, and stainless steel cover screws. For hazardous locations , provide boxes approved for applicable atmosphere classification. 2.10 HINGED COVER ENCLOSURES A. Construction: NEMA 250; Type 1 for indoor dry locations where enclosed equipment is required to be ventilated, Type 4 for indoor or outdoor wet locations, 4X for indoor or outdoor wet corrosive locations, or 12 for indoor dry locations ; steel , except corrosive to be FRP. B. Finish: manufacturer's standard enamel finish . C. Covers: gasketed with continuous hinge , held closed by flush latch operable by key D. Interior Panel for Mounting Terminal Blocks or Electrical Components: 14-gauge steel , white enamel finish . 2.11 TERMINAL BLOCKS AND ACCESSORIES A. Power Terminals: unit construction, closed-back type , with tubular pressure screw connectors, rated 600 volts. Provide 25 percent spare terminals. B. Signal and Control Terminals: modular construction type, DIN 46 277 /3 channel mounted; screw clamp compression connectors, rated 300 volts. Minimum terminal width of 0 .24 inch, capable of holding two 12 AWG or two 14 AWG conductors in each connector. Terminal identification numbers shall be thermoset characters (black) on a white background. Provide 25 percent spare terminals . 182239.T2.AS 5 SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS April 2008 Rev. 0 2.12 SUPPORTING DEVICES A. Support Channel or Angle: galvanized steel and painted steel in general ,, stainless galvanized steel in corrosive areas. B. Hardware : cadmium-or zinc-plated in general , corrosion resistant in corrosive areas . C . For individual conduit runs not directly fastened to the structure , use rod hangers manufactured by U nistrut. D. For multiple conduit runs, use galvanized steel or angle trapeze-type conduit support designed for maximum deflection not greater than 1/8 inch. E . Housekeeping Pads : 3-1/2-inch concrete . 2.13 ELECTRICAL IDENTIFICATION A. Nameplates: engraved three-layer laminated plastic, minimum 3/16-inch-high white letters on a black background. Emergency Equipment Nameplates: white letters on a red background. B. Tape Labels : embossed adhesive tape with minimum 3/16-inch white letters on black background or 3/16-inch Kroy black letters on a white background. C. Wire and Cable Markers: clear, heat-shrink tubing type Brady LS2000; cloth or wraparound-adhesive types not approved. D . Conductor-Color Tape : colored vinyl electrical tape. 2.14 GROUNDING A. Ground Connections: exothermic welded-type connectors as manufactured by Cadweld or Thermoweld or compression type of connectors designed for this special purpose as manufactured by Bumdy or Thomas and Betts. PART 3 --EXECUTION 3.1 BASIC ELECTRICAL INSTALLATION REQUIREMENTS A . Workmanship : 1. Install work using procedures defined in NECA Standard of Installation. 2. Install material and equipment in accordance with manufacturer's instructions. Provide calibrated torque wrenches and screwdrivers as required. B. Service Continuity: 182239.T2.AS 6 SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS April 2008 Rev . 0 1. Maintain continuity of electric service to functioning portions of process or buildings during the hours of normal use. 2. Arrange temporary outages for cutover work with the Owner. Keep the outages to a minimum number and minimum length of time. C . Startup Testing and Inspection of Electrical Equipment: 1. Provide tests specified hereinafter and as indicated under individual items of materials and equipment specified in other sections . 2. Performance Test: 3. 4 . 5. 182239.T2.AS a. At the completion of electrical system installation and at such time as Engineer may indicate , conduct an operating test for acceptance. b. Demonstrate that equipment operates in accordance with the Contract Documents. c. Perform test in presence of Engineer. d. Furnish instruments and personnel required for the test. Voltage: At completion of project, check voltage at point of termination of power supply system to project. Check voltage amplitude and balance between phases for loaded and unloaded conditions. Adjust taps of transformers such that the no-load voltage is approximately equal to or up to 3 percent above normal. Test References: a. The testing and inspection shall comply with applicable sections of the following codes and standards: 1) American National Standards Institute (ANSI). 2) American Society for Testing and Materials (ASTM). 3) Association of Edison Illuminating Companies (AEIC). 4) Institute of Electrical and Electronics Engineers (IEEE). 5) Insulated Power Cable Engineers Association (IPCEA). 6) National Electrical Code (NEC). 7) National Electrical Manufacturer's Association (NEMA). 8) International Electrical Testing Association (NETA). 9) National Fire Protection Association (NFPA). 10) State and local codes and ordinances. b. The inspection and testing shall comply with the project plans and specifications, as well as with the manufacturer's drawings, instruction manuals , and other applicable data for the apparatus tested. Responsibilities: a. Clean the equipment and torque down accessible bolts, perform routine insulation resistance tests on branch and feeder circuits , continuity checks on branch and control wiring, and rotation tests for distribution and utilization equipment. At each test site, provide test control power necessary to perform the tests specified. After review by Engineer, correct deficiencies noted. April 2008 7 SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS Rev.O b. The Owner's electrical engineer will furnish settings of protective devices unless a power system study has been required elsewhere in these Specifications . 6. Implementation: a . Safety practices shall comply with applicable state and local safety orders , as well as with the Occupational Safety and Health Act (OSHA). Compliance with NFP A Standard 70E and the Accident Prevention Manual for Industrial Operations of the National Safety Council shall be observed. b. Tests shall only be performed on apparatus which is de-energized . Work shall not proceed until it has been determined that it is safe to do so . c. Power circuits shall have conductors shorted to ground by a hotline- grounded device approved for the purpose. Warning signs and protective barriers shall be provided as necessary to conduct the tests safely. d . In general utilize methods outlined in acceptance testing specifications for electrical power distribution equipment and systems from the International Electrical Testing Association (NETA), but do not exceed manufacturer's limitations. 7. Reports: a. The test report shall include the following sections: 1) Scope of testing . 2) Equipment tested . 3) Description of test. 4) Test results . 5) Conclusions and recommendations. 6) Appendix, including test forms. b. Each piece of equipment shall be recorded on a data sheet listing the condition of the equipment as found and as left. Included shall be recommendations for necessary repair and/or replacement parts. The data sheets shall indicate the name of the engineer who tested the equipment and the date of the test completion. 8. Common Equipment Test Procedures Following NETA Guidelines: a. Instrument Transformers : 1) Visual and Mechanical Inspection: a) Inspect each transformer for physical damage. b) Verify that grounding and shorting devices function correctly. c) Check drawout mechanisms for proper operation. 2) Electrical Tests: a) Confirm that devices being driven by the current transformers respond correctly. 182239 .T2.AS April 2008 8 SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS Rev. 0 b) Confirm that devices connected to the potential transformers respond correctly to voltage applied at the secondary PT leads. c) Electrically test auxiliary devices such as shunt trips, undervoltage trips, alarm switches , and auxiliary switches . 3.2 INSTALLATION OF CONDUIT A. Route exposed conduit and conduit above accessible ceilings parallel and perpendicular to walls and adjacent piping. B. Maintain minimum 6-inch clearance between conduit and piping. Maintain 12-inch clearance between conduit and heat sources such as flues, steam pipes, and heating appliances. Maintain minimum 18-inch clearance above ceiling grid. C. Arrange conduit supports to prevent distortion of alignment by wire-pulling operations. Fasten conduit using galvanized straps, lay-in adjustable hangers, clevis hangers , or bolted split stamped galvanized hangers. D. Do not fasten conduit with wire or perforated pipe straps. Remove wire used for temporary conduit support during construction before conductors are pulled. E. Cut conduit square using a saw or pipecutter; deburr cut ends. F. Bring conduit to the shoulder of fittings and couplings and fasten securely. G. Use conduit hubs for fastening conduit to cast boxes and for fastening conduit to sheet metal boxes in damp or wet locations. H. Except for communications conduits , use conduit bodies to make sharp changes in direction as around beams. Conduit bodies shall be readily accessible . I. A void moisture traps where possible; where unavoidable, provide junction box with drain fitting at conduit low point. J. Use suitable conduit caps to protect installed conduit against entrance of dirt and moisture. Provide a permanent cap over each end of each empty conduit. K. Provide a pull rope or pull tape in each empty conduit. Tie pull rope securely to duct plug or wall racking at each end. Provide conduit identification at each end. L. Install expansion-deflection joints where conduit cross building expansion or structural isolation break (SIB) joints; Expansion fittings shall have copper bonding Jumper. 182239 .T2.AS 9 SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS April 2008 Rev. 0 M. Where conduit penetrates fire-rated walls and floors, seal opening around conduit with UL-listed foamed silicone elastomer compound with rating equal to or greater than the wall/floor penetrated. N. Use PVC-coated rigid steel factory elbows for bends in plastic conduit runs longer than 100 feet or in plastic conduit runs which have more than two bends regardless of length. 0 . Wipe plastic conduit clean and dry before joining. Apply full, even coat of cement to entire area that will be inserted into fitting. Let joint cure for 20 minutes minimum. P. Concealed, embedded, and buried conduit shall emerge at right angles to the surface and have none of the curved portion of the bend exposed. Q . Provide warning tapes above underground conduits. 3.3 CONDUIT INSTALLATION SCHEDULE A. Exposed Outdoor Locations: rigid steel conduit. B. Wet Interior Locations: rigid steel conduit. C. Concealed Dry Interior Locations: electrical metallic tubing . D. Exposed Dry Interior Locations: electrical metallic tubing. E. Corrosive Interior Locations: Schedule 40 PVC conduit. F. Hazardous (Classified) Locations: rigid steel conduit. 3.4 INSTALLATION OF SURF ACE METAL RACEWAY A. Use flat-head screws to fasten channel to surfaces. Mount plumb and level. B. Use suitable insulating bushings and inserts at connections to outlets and comer fittings. C. Maintain grounding continuity between raceway components to provide a continuous grounding path. D. Fastener Option: Use clips and straps suitable for the purpose. 3.5 INSTALLATION OF HANDHOLES A. Excavate, install base material, and compact base material in accordance with manufacturer's instructions. 182239.T2.AS April 2008 10 SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS Rev.O B. Install and seal precast sections in accordance with manufacturer's instructions . C. Use precast neck and shaft sections to bring the handhole entrance to proper elevation. D . Install handholes plumb. E. Set the top of each handhole to finished elevation or as indicated. F. At electrical handholes , install ground rod with top protruding 4 inches above manhole floor. Connect to noncurrent-carrying metal parts in the manhole with 6 AWG bare copper conductor. G. Attach cable racks to inserts after manhole installation is complete . H. Provide manhole identification number into manhole cover. 3.6 INSTALLATION OF BUILDING WIRE A. Place an equal number of conductors for each phase of a circuit in same raceway or cable. B. Splice only in junction or outlet boxes. Control cables shall be spliced on terminal blocks and only with the written permission of Engineer. C. Neatly train and lace wiring inside boxes, equipment, and panelboards. D. Make conductor lengths for parallel circuits equal. E . Where connection of cables installed under this Section is to be made by others , provide pigtails of adequate length for neat, trained , and bundled connections . F. Pull all conductors into a raceway at the same time. Use UL-listed wire-pulling lubricate for pulling 4 A WG and larger wires . G. Install wire in raceway after interior of building has been physically protected from the weather and mechanical work likely to injure conductors has been completed. H. Completely and thoroughly swab raceway system before installing conductors. I. Use solderless pressure connectors with insulating covers for copper wire splices and taps 8 AWG and smaller. For 10 AWG and smaller, use insulated-spring wire connectors with plastic caps on lighting and receptacle circuits. J . Control circuit conductors shall terminate at terminal blocks only. 182239.T2.AS 11 SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS April 2008 Rev.O K. Use split-bolt connectors for copper wire splices and taps 6 A WG and larger. Tape uninsulated conductors and connectors with electrical tape to 150 percent of the insulation value of conductor. L. Thoroughly clean wires before installing lugs and connectors. M . Make splices , taps , and terminations to carry full ampacity of conductors without perceptible temperature rise . N. Terminate spare conductors with electrical tape. 0 . Inspect wire and cable for physical damage and proper connection. P. Torque test conductor connections and terminations to manufacturer's recommended values. Q. Perform continuity and insulation tests on power and equipment branch circuit conductors. Verify proper phasing connections. 3.7 INSTALLATION OF BOXES A. Types to be Provided, Steel Raceway System: 1. Exterior Locations: cast Feraloy with neoprene gaskets. 2 . Interior Locations With: a. Rigid Steel Conduit: cast Feraloy. b. Intermediate Metallic Conduit: cast Feraloy. c. Electrical Metallic Tubing: sheet steel. d. Communications Wireway: same material as wireway. 3. Interior Wet Locations with Exposed and Concealed Raceways: cast Feraloy with neoprene gaskets . B. Types to be Provided -Plastic Raceway System : nonmetallic. C. Single In-Line Communications Conduit Runs: 1. 2-inch Conduit and Smaller: Type C conduit bodies of cast Feraloy or nonmetallic construction as required for the location. Gaskets outdoors and in wet locations . 2. Conduit Larger Than 2-Inch: straight-through communications wireway as specified for the location. D. Do not install outlet boxes back to back in walls . E. Locate outlet boxes in masonry walls to require cutting of masonry unit comer only. F. Provide knockout closures for unused openings. 182239 .T2 .AS 12 SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS April 2008 Rev.O G. Support outlet boxes independently of conduit. H. Use multiple-gang outlet boxes where multiple devices are mounted together; do not use sectional boxes. Provide barriers to separate wiring of different voltage systems. I. Install outlet boxes in walls without damaging wall insulation. J. Coordinate mounting heights and locations of outlets mounted above counters, benches, and backsplashes. K. In inaccessible ceiling areas, position outlets and junction boxes within 6 inches of recessed luminaire to be accessible through luminaire ceiling opening. L. Provide recessed outlet boxes in finished areas; secure boxes to interior wall and partition studs, accurately positioning to allow for surface finish thickness. Use stamped steel stud bridges for flush outlets in hollow stud wall and adjustable steel channel fasteners for flush ceiling outlet boxes. M. Locate pull boxes and junction boxes above accessible ceilings or in unfinished areas . N. Support pull and junction boxes independent of conduit. 0. Provide pull boxes to limit conduit runs to 150 feet and contain no more than three 90 degree, right-angle bends unless accepted by ENGINEER. For communications raceways limit runs to 100 feet and no more than two 90 degree bends. P . Provide communications pull boxes of sufficient size and place raceway connections in a manner that ensures the minimum inside cable bend radius is more than 10 times the inside diameter of the conduit. Do not install boxes, bends, elbows, tees, conduit, outlet bodies, and other conduit fittings which do not provide for this minimum inside cable bend radius. Q. Outlet, pull, and junction boxes shall be accessible. R. Install terminal boxes as indicated. S. Communications Boxes: Provide 4-by 4-by 2-inch-deep outlet boxes with single- gang plaster rings for mounting telecommunications outlets. T. Close openings in boxes, condulets, raceways, and equipment. 182239.T2.AS 13 SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS April 2008 Rev. 0 3.8 INSTALLATION OF CABINETS AN D ENCLOSURES A. Install cabinets and enclosures plumb ; anchor securely to wall and structural supports at each comer, minimum. B. Provide accessory feet for freestanding equipment enclosures . C. Install trim plumb. D. Install terminal blocks as indicated in drawing. 3.9 INSTALLATION OF SUPPORTING DEVICES A. Fasten hanger rods, conduit clamps , and outlet and junction boxes to building structure using precast insert system, expansion anchors , preset inserts , beam clamps , or spring steel clips. B. Use toggle bolts or hollow wall fasteners in hollow masonry, plaster, or gypsum board partitions and walls; expansion anchors or preset inserts in solid masonry walls; self-drilling anchors or expansion anchor on concrete surfaces ; sheet metal screws in sheet metal studs; and wood screws in wood construction. C. Do not fasten supports to piping, ductwork, mechanical equipment, or conduit. D . Do not use powder-actuated anchors without written permission from Engineer. E. Do not drill structural steel members without written permission from Engineer. F. Fabricate supports from structural steel or steel channel rigidly welded or bolted to present a neat appearance. Use hexagon head bolts with spring-lock washers under nuts. G . In wet locations , install freestanding electrical equipment on concrete pads or raised channel sills . H. Install surface-mounted cabinets and panel boards with minimum of four anchors. Provide steel channel supports to stand cabinet 1 inch off wall. I. Bridge studs top and bottom with channels to support recessed mounted cabinets and panelboards in stud walls. J . Use galvanized supports in areas subject to corrosives. K. Support systems in compliance with project seismic requirements. 182239.T2.AS 14 SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS April 2008 Rev.0 3 .10 INSTALLATION OF ELECTRICAL IDENTIFICATION A. Degrease and clean surfaces to receive nameplates or tape labels. B. Install nameplates and/or tape labels parallel to equipment lines. C . Secure nameplates to equipment fronts using screws or rivets. Utilize noncorrosive screws for engraved nameplates. Secure nameplate to outside face of flush-mounted panelboard doors in finished locations. D. Provide wire markers on each phase, neutral, or ground conductor in panelboard gutters, pull boxes , outlet and junction boxes , and at load connection. Identify with branch circuit with control wire number as indicated on schematic and interconnection diagrams or equipment manufacturer's shop drawings for control wmng. E . Utilize permanent black markers to identify circuits , destinations, and spares on junction and pull box lids. Clarify detail inside larger boxes. F. Post neutral and phase color codes at each panelboard. G. Place signs at service equipment noting the location of generator and uninterruptible power supply systems. H. Place signs at each building disconnect noting where other building disconnects are located. I. Mark Series Rated Equipment: Caution, series combination system, rated [ ] amperes. Identified replacement components required. J. Intrinsically safe conductors to be light blue. K. Provide nameplates to identify electrical distribution and control equipment and loads served. Letter Height: 1/8 inch for individual switches and loads served, 1/4 inch for distribution and control equipment identification. L. Security System Device Identification: 1. Label devices with self-adhesive labels, 1/8-inch characters , white letters on a red background. 3.11 INSTALLATION OF GROUNDING A. Install grounding system in accordance with NEC Article 250 unless specifically instructed otherwise in these Contract Documents. 182239.T2.AS 15 SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS April 2008 Rev. 0 B. Provide separate isolated equipment grounding conductor bonded to system at service or separately derived source where required for reduction of electrical noise. C. Grounding conductors shall not be spliced, except in junction or outlet boxes . D. Provide a separate , insulated equipment grounding conductor in feeder and branch circuits . E. Bare Grounding Conductors Below Grade : 1. Minimum 30 inches below the soil. 2. Not in contact with gravel fill or concrete unless making transition from connections above the slab to conductors below grade. 3. Neatly trained around foundations , footings and other obstacles. F. Ground Resistance: maximum 5 ohm unless otherwise accepted. Install sufficient ground rods in addition to code-required grounding if necessary. Where more than one rod is required, install rods at least 3 feet apart. G. Grounding Connections : 1. Connect grounding conductors to ground rods at the upper end of the rod with the end of the rod and the connection point below finished grade. 2 . Connect sections of outdoor ground mats (counterpoise) for substations or other equipment below grade . Connect other grounding conductors generally in an accessible manner. 3. In electrical manholes, install ground rods with ends 4 to 6 inches above the floor with connections of grounding conductors fully visible and accessible. 4. At telephone manholes, install a ground rod outside the vault in the ductbank trench. Connect ground rod to the bonding ribbons inside the manhole with a 6 AWG copper conductor. 5. When making thermite welds, wire brush or file the point of contact to a bare metal surface. Use thermite welding cartridges and molds in accordance with the manufacturer's recommendations. After welds have been made and cooled, brush slag from the weld area and thoroughly clean the joint. For compression connectors , use homogeneous copper, anticorrosion, surface treatment compound at connectors in accordance with connector manufacturer's recommendations . Use connectors of proper size for conductors and ground rods specified. Use connector manufacturer's compression tool. Notify Engineer prior to backfilling any ground connections. H. Inspect grounding and bonding system conductors and connections for tightness and proper installation. I. Test in Engineer 's presence the ground resistance of the grounding system. Test by means of the fall-of-potential method. 182239.T2.AS 16 SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS April 2008 Rev. 0 1. Testing Instrument: Biddle Instruments , Model 250241 (battery-powered) or 250220-2 (hand-cranked) Megger Null Balance Earth Tester. J. Include reports of grounding system tests in operation and maintenance manuals and for review by Engineer. 3 .12 INSTALLATION OF COMMUNICATION PATHWAYS A. Verify that surfaces are ready to receive work. B. Verify that field measurements are as shown on the Drawings. C. Beginning of installation means installer accepts existing conditions. D. Install pull wire or polyethylene pulling string in each empty telephone conduit. E. Install boxes, raceways, and cable tray as indicated on the Drawings. END OF SECTION 182239.T2 .AS 17 SECTION 16011 BASIC ELECTRICAL CONSTRUCTION MATERIALS AND METHODS April 2008 Rev. 0 PARTF PERFORMANCE BOND BOND NUMBER: 6587241 REISSUED PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: That we, (I) Johnson Controls, Inc., 5757 North Graen Bay Avenue; MIiwaukee, WI 53209 Principal herein, and (2) Safeco Insurance Company of America ; Safeco Plaza ; Seattle, WA 98185 as a corporation organized under the laws of the State of (3) Washington and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas, Obligee herein, in the sum of One M~lion Two Hundred Eighty Two Thousand Two Hundred Twenty and 001100 Dollars ($ 1,2e2,220 .oo ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns , jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 13th day of January , 20 09, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of ______ ~----------- Physical Protection System Phase 118 Village Creek Water Treatment Facility Project number: Pl 73-070173013142 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 . BOND NUMBER: 6587241 IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument~ ... ~ ?If~ SIGNED and SEALED thir-day of February , 2009 . JOHNSON CONTROLS, INC . PRINCIPAL ATTEST: By:~~ See attached Delegation of Authority (Principal) Secretary Name: Catherine Ef. Hutson Title: Attorney-In-Fact (SE AL) ATTEST: Secretary (SE AL) Address: 5757 North Green Bay Avenue Milwaukee, WI 53209 SAFECO INSURANCE COMPANY OF AMERICA SURETY B~~ Name: Attorney-In-Fact Attorney in Fact ~o~~ Address: Safeco Plaza Seattle, WA 98185 Telephone Number: 847-490-2265 NOTE: (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. Johnson ~}! Controls DELEGATION OF AUTHORITY The undersigned, President of Johnson Controls, Inc., a Wisconsin corporation (the .. Company''), pursuant to the authority vested in him by a certain resolution adopted by the Board of Directors of the Company on January 23, 1980, hereby authorizes: Catherine B. Hutson Hays Companies 1200 N. Mayfair Road, Suite 100 Milwaukee, WI 53226 to perform. on behalf oflhe Company, the acts described below: To execute, seal and deliver, as attorney-in-fact for the Company, surety bonds forwarded to Hays Companies by a Company authorized surety that do not exceed Two Million Dolbtrs ($2,000,000 .00) that are necessary and proper in carrying on the business of the Company. This authority shall remain in full force and effect for six (6) months from the date of issue. Signed at Milwaukee, Wisconsin, this 2, ?day of ~W1j 2.-00']' . !J ' ; ' if l / /' . / . ii / ;: , !i i / / j /7 ;; I' .' \_ .• // f i I / / Keith:f!. Wandell: resident ·~'/ I ; '~ l(:\CG-UGJu.\?anle;ol•BE\OOA\JCl\Val 's i:pdat..i OO;>.s\;o.aorney 1n F1 ct·Surety fxmd,.dcc • POWER Safeco Insurance Company of America General Insurance Company of America 1001 4th Avenue OF ATTORNEY Suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No . 10618 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ***************KA TH LEEN A. CRARY; LUCY A. HANTZSCH; CATHY HUTSON; DANIEL J. KWIECINSKI; TRACY K. MATIHEWS; WENDY S. MILLER; DANIEL J. SAPIRO; LISA M. SLAKES; Milwaukee, Wisconsin********************* its true and lawful attorney(s}-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business , and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th --------------day of January 2009 Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile . On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced ; provided , however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any .certificate executed by the Secretary or an assistant secretary of the Company setting out, (•) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this .21*' dayof ;Janu~ 'lD(f1. Dexter R. Legg, Secretary Safeco® and the Safeco logo are registered trademarks of Safeco Corporation . S-0974/DS 1/09 WEB PDF MAINTENANCE BOND BOND NUMBER: 6617370 REISSUED THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS: § § § That Johnson Controls, Inc., 5757 Notth Green Bay Avenue; Milwaukee, WI 53209 ("Contractor"), as principal, and, Safeco Insurance Company of America· a corporation organized under the laws of the State of Wa1hin91on , ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws Of the State of Texas, ("City") in Tarrant County, Texas, the sum of one miNion two hundred eighty two thousand two hunctred twenty dollars and 001100 Dollars ($ 1.282.220 .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 13th of January , 20 09 , a copy of which is hereto attached and made a part hereof, for the performance of the following described public improvements: Physical Protection System Phase IIB Village Creek Water Treatment Facility the same being referred to herein and in said contract as the Work and being designated as project number(s) P173-070173013142 and said contract, including all of the specifications, conditions, addenda, change o.rders 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) vears; 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 Department of Engineering, it be necessary; and, BOND NUMBER: 6617370 REISSUED 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 __ s __ counterparts, each of which shall be deemed an original , this 11th day of February , A.O . 20~. ATTEST: (SE AL) See Attached Lelegaticn of Authority (Principal) Secretary ATTEST: (SE AL) Secretary JOHNSON CONTROLS , INC . Contractor By ~B~~ Name: Catherine B. Hutson Title : Attorney-In-Fact SAFECO INSURANCE COMPANY OF AMERICA Surety ~:~~ Title: Attorney-In-Fact Safeco Plaza Seattle, WA 98185 Address Johnson ~J~ Controls DELEGATION OF AUTHQRITY '111e m1dersigned, Presid"'~t of Johnson Controls, Inc., a WisoonsiI'1 corporation (the ~ompany"), pursuant to the authority vested in him by a certain reso lution adopted by lhe Board of Director£ of the Company on Jlmuary 23, J 980, hereby authori~: Ce.fuerine B. Hutson Hays Comparri.es 1200 N. Mayfair Road, Suite 100 Milwaukee, \VI 5322 6 to perfo~ on behalf of the Company, the acts descri bed below: To e~tecutt;, seal 1md deliver, ~ a1torney-in-fact fo r the Company, surety bonds forv,rarded to Hays Companies by a Comp any auth orized surety that do not exceed Two Million Dollan; ($2,000 ,000.00) that fil\'; necessary and proper in carrying on the business of the Compa.11y. Ke i th'$. Wan deifP~ent / ! . ,_ Safeco POWER OFATIORNEY Safeco Insurance Company of America General Insurance Company of America 10014thAvenue SU1te1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 10618 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint IIIIHIIHIIUUUIKATHLEEN A. CRARY; LUCY A. HANlZSCH; CATHY HUTSON; DANIELJ. KWIECINSKl;TRACY K. MATTHEWS; WENDY S. MILLER; DANIELJ. SAPIRO; LISA M. SLAKES; Milwaukee, Wisconsinuuuuuuuuiuu Its true and lawful attomey(s)-in-fact, with full authority to execute on Hs behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of Its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th January 2009 -------------dayof Dexter R. Legg. Secretary Timothy A. Mlkolajewsk1 1 Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Artide V, Section 13. -FIDELITY AND SURETY BONDS ••. the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on -behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of Its business ••• On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced ; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.• Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. •on any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Artide V, Section 13 of the By.;t,aws, and (II} A copy of the power-of-attorney appoinbnent, executed pursuant thereto, and (Iii) Certifying that said power-of-attorney appointment Is In full force and effect, the signature of the certifying officer may be by facslmlle, and the seal of the Company may be a facsimile thereof.• I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and afflxed the facsimile seal of said corporation this L 'r1' deyof f-ebn>~ .UXf[. Dexter R. Legg, Secretary Sefeco® end the -Safeco ·logo are reglstered1rademarks of Safeco 'Corporetlon. S-0974/DS 1/09 WEB PDF Figure : 28 TAC §1.601 (a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Home Office Surety at (206) 473-3799 . AVISO IMPORTANTE Para obtener informacion o para someter una queja : Listed puede contactar a servicio de la oficina principal de Safeco Surety al : 206-473-3799 . 3 You may call (company)'s toll-free telephone Listed puede llamar al numero de telefono number for information or to make a complaint gratis de (company)'s para informacion o para at: someter una queja al: (800) 472-5357 Surety Option #7 4 You may also write to Safeco Insurance Company at: Safeco Plaza Seattle, WA 98185-0001 5 You may contact the Texas Department of Insurance to obtain information on companies , coverages , rights or complaints at: (800) 252-3439 6 You may write the Texas Department of Insurance : P.O. Box 149104 Austin , TX 78714-9104 Fax : (512) 475-1771 Web : http ://www.tdi.state .tx .us E-mail : ConsumerProtection@tdi .state .tx .us (800) 472-5357 Surety Opci6n De #7 Listed tambien puede escribir a Safeco Insurance Company: Safeco Plaza Seattle, WA 98185-0001 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al : (800) 252-3439 Puede escribir al Departamento de Seguros de Texas: P.O . Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http ://www.tdi.state .tx .us E-mail : ConsumerProtection@tdi.state .tx .us 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved , you may contact the Texas Department of Insurance . Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) (la compania) (agente o la compania) primero . Si no se resuelve la disputa , puede entonces comunicarse con el departamento (TOI). 8 ATIACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso This notice is for information-only and does not es solo para propos ito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. -adjunto. THE STA TE OF TEXAS COUNTY OF TARRANT PAYMENT BOND § § § BOND NUMBER: 6587241 REISSUED KNOW ALL BY THESE PRESENTS: That we, (1 ), Johnson Controls, Inc., 5757 North Green Bay A11enue: Milwaukee• as Principal herein, and (2) Safeco lnauranca Company of America; Safeco Plaza; Saattle, WA 98185 _, a corporation organized and existing under the laws of the State of (3) Washington , as surety, 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 amount of One Milllon Two Hundred Eighty Two Thousand Two Hundred Twenty & 00,100 Dollars ($ 1.2e2.220.oo ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents : WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the ~day of Janaury , 20 09, 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: Physical Protection System Phase IIB Village Creek Water Treatment Facilty Project Number Pl 73-070173013142 NOW, THEREFORE, THE CONDITION OF TIIlS 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 . "WI 53209 BOND NUMBER: 6587241 IN WITNESS WHEREOF , the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 11th day of __ Fe_b_ru_a_ry ______ , 20 of . ATTEST: See attached delegation of authority (Principal) Secretary (SE AL) Q. Witness as to Principal ATTEST: Secretary (SE AL) ~8-~ Witness as to Surety JOHNSON CONTROLS, INC . PRINCIPAL By:~~~fY Name : Catherine B. Hutson Title: Attorney-In-Fact Address: 5757 North Green Bay Avenue Milwaukee , WI 53209 SAFECO INSURANCE COMPANY OF AMERICA SURETY By - Name: Tracy K. Matthews Attorney in Fact Address: Safeco Plaza Seattle, WA 98185 Telephone Number: 847-490-2265 NOTE: (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. POWER Safeco Insurance Company of America General Insurance Company of America 1001 4th Avenue OF ATTORNEY Sulle 1700 Seattle, WA 98154 No. 10618 KNOW ALL BY THESE PRESENTS: --------------- That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each e Washington corporation, does each hereby appoint 11011n•uunuKATHLEEN A. CRARY; LUCY A. HANlZSCH; CATHY HUTSON; DANIELJ. KWIECINSKl;TRACY K. MATTHEWS; WENDY S. MILLER; DANIELJ. SAPIRO; LISA M. SLAKES; Milwaukee, Wisconsin 111 uuuuun11 uuu Its true and lawful attomey(s)-ln-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of Its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th January 2009 -------------dayof Dexter R. Legg. Secretary TlmothY A. MlkolaJewskl, Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Artide V, Section 13. -FIDELITY AND SURETY BONDS •.. the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of Its business ••• On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.• Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Artide V, Section 13 of the By.:.L,aws, and (II) A copy of the power-of-attorney appointment, executed pursuant thereto, and (Iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AME~CA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are sUII In full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the fecslmlle _seal of said corporation this \\T'h dayof febr:y~ .i-001 . Dexter R. Legg, Secretary Ssfeco® Bild the.Safeco logo are reglstered1rademarks of &deco Corporation. S-0974/DS 1/09 WEB PDF Johnson ~J~ Controls DELEGATION OF AUTHORITV 111e w1dersigned, President of Johnson Controls, Inc., a Wisconsin corporation (the "'Company"), pursuant to the authority vested in him by a certain resolution adopted by the Board of Directorn of the Company on Jimuary 23 , 1980, hereby authorizes: Catherine B. Hu ts on Hays Companies 1200 N. Mayfai r Road, Suite 100 Milwaukee. \VI 53226 to perform. on b-~half of the Company, the acts describ ed bel ow: To execute, seal and deliver, as ar-iomey-in-fact fo r the Company, surety bonds fotv.iarded to Hays Companies by a Compan y auth ori zed surety that do not exceed Tw o Milli on Dollar::; ($2,000 ,000 .00) that are necessary and proper in carrying on the bu siness of the Company . TI1is authority shall remru n in fu ll force and effee t fo r si x (6) months fro m th e date of issue. Signed at Milwaukee, Wisconsi n, this ~ day of ::feJ?,fV~ to~ . J • ;: if I f I • ! . ii ( .f: /iii'/ 1 ,-1 l1 u 1,,,_ .. , t , A1 1L,11 Keith~. \Van dell; ri'Sid'ent / ' '- Figure: 28 TAC §1 .601 (a)(3) 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact Home Office Surety at (206) 473-3799 . AVISO IMPORTANTE Para obtener informacion o para someter una queja : Usted puede contactar a servicio de la oficina principal de Safeco Surety al : 206-473-3799. 3 You may call (company)'s toll-free telephone Usted puede llamar al numero de telefono number for information or to make a complaint gratis de (company)'s para informacion o para at: someter una queja al : (800) 472-5357 Surety Option #7 4 You may also write to Safeco Insurance Company at: Safeco Plaza Seattle , WA 98185-0001 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages , rights or complaints at: (800) 252-3439 6 You may write the Texas Department of Insurance: P.O . Box 149104 Austin , TX 78714-9104 Fax : (512) 475-1771 Web : http ://www.tdi.state .tx .us E-mail : ConsumerProtection@tdi.state .tx .us (800) 472-5357 Surety Opci6n De #7 Usted tamb ien puede escribir a Safeco Insurance Company : Safeco Plaza Seattle, WA 98185-0001 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al : (800) 252-3439 Puede escribir al Departamento de Seguros de Texas : P.O . Box 149104 Austin, TX 78714-9104 Fax : (512) 475-1771 Web : http://www .tdi.state .tx .us E-ma il: ConsumerProtection@tdi .state .tx .us 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved , you may contact the Texas Department of Insurance . Si tiene una disputa concerniente a su prima o a un reclamo , debe comunicarse con el (agente) (la compania) (agente o la compania) primero . Si no se resuelve la disputa , puede entonces comunicarse con el departamento (TDI). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso This notice is for information only and does not es solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adj unto . ~. ." I I I I I CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Veron's Annotated Civil Statues, Contractor Certifies that it provide s worker 's compensation insurance coverage for all of its employees employed on City of Fo11 Worth Project Number Pl 73-070173013142 ST A TE OF TEXAS § COUNTY OF TARRANT § Johnson Controls, Inc Title January 28, 2009 Date -Regional Fire and Security Manager BEFORE ME, the undersigned authority, on this day personally appeared ---- Richard R Alexander . 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 Johnson control s, Inc. for the purpose and consi deration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE thi s 29 of Janaruy 20 09 . Page I Of I STATE OF TEXAS § § COUNTYOFTARRANT § KNOWN ALL BY THESE PRESENTS: .. This Contract is made and ~tered into this the 13th . day of.Janua iu 20,di by . and between: the City of Fort Worth, a home-rule municipal corp~~tuated in Tarrant, Denton, Parker, and Wise Counties, Texas, hereinafter referred to as "Owner," by and through its duly authorized Assistant City Manager, and Johnson Controls, Inc. , . hereinafter referred to as "Contractor," by and through its duly authorized representative . . WITNESSETH: . That Owner and Contractor agree as follows: 1. That for and in consideration of the payments and agreements hereinafter mentio:Qed to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Physical Protection System Phase IIB Village Creek Water Treatment Facility Proiect #-P173-070173013I42 2. That the Contract Documents shall consist of the written, . printed, typed and drawn instruments which comprise and govern the performance of the work. Said Contract Docwnents include, but are not limited to, the. notice to bidders, instructions to bidders, special instructions to bidders, , proposal, plans, specifications, maps, drawings, · notice of award, general conditions, special conditions, supplementary conditions, general provisions, special provisions, work order(s), this Contract and the · payment, performance, and maintenance bonds, insurance forms, and all addenda. The Contract Documents . shall also include any and all supplemental agreements approved by the Owner which may be necessary to complete the work ·in accordance with the intent of the plans and specifications in an acceptable manner, and shall also include the additional instruments bound herewith. 3 .. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances, materials, supplies, superintendence, insurance, bonds and equipment necessary for the construction and completion of said project in accordance with the Contract Documents prepared at the direction of the Owner. The · Water/Sewt!r Page 1 of4 OF ICI L RECORD CITY SECRETARY FT. WORTH, TX I j .; I I 1 ·! I j i ! l ! I I I I j I ·I I Contract Documents are incorporated by this reference and made a part of this Contract as if written herein. 4. The Contractor hereby agrees and binds itself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner and to complete same within the time stated in Artilce 5. ·s. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Water Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 180_days. If the Contractor should fail to complete the work as set forth in the plans, specifications and other Contract Documents within the time so stipulated, plus any additional time allowed as provided in the general conditions, there shall be deducted from any monies due or which may thereafter become due him, the sum of $420 per day, not as a penalty but as liquidated damages, the Contractor and his surety shall be liable to the Owner for such deficiency. 6. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of the plans, specifications and other Contract Documents, then the Owner shall have the right to either (1) demand that the Contractor's surety take over the work and complete same in accordance with the plans, specifications and other Contract Documents or (2) to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to Owner shall exceed the contract price or prices set forth in the Contract Documents, the Contractor and/or its surety shall pay Owner upon its demand in a writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 7. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers. servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. Water/Sewer Page 2 of 4 OFFICIAL RECORD CITY SECRETARY FT.WO ~ ,TX In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Owner, if deemed appropriate, may refuse to accept bids on other City of Fort Worth public work projects from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City of Fort Worth contract. 8. Owner agrees and binds itself to pay, and the said Contractor agrees to receive , for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the Contractor hereto attached and made a part hereof Payment will be made in bi-monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total Contract amount shall be One Million, Two Hundred Eighty Two Thousand, Two Hundred and Twenty Dollars, $1,282,220. 9 . It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone by Contractor without the written consent of the Owner. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. Other minimum wage per hour tables published by state or federal regulatory agencies, included in these documents, may be included and supersede the City of Fort Worth minimum wage per hour tables. 11. It is mutually agreed and understood that this Contract is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. (remainder of page intentionally left blank) Water/Sewer Page 3 of 4 r-------- OFFICIAL RECORD CITY SECRETARY FtWORTH,TX IN WITNESS THEREOF, the parties hereto have made and executed this Contract in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH: ~.:~_ Fernando Costa Assistant City Manager RECOMMENDED: S. Fr Crumb, P.E., Director Water Department ATTEST: [n~~~, .. /J MartyHend~~r City Secretary Authorization ~ l~~O Date: \ ( \ ~ \OC\ APPROVED AS TO FORM AND LEGALITY: AmyJ.R s Assistant Cit Attorney Water/Sewer Page4 of4 Johnson Controls, Inc. •••••• 'f-f -b~-1) U \ • ~~~ l)V2. 'f:I .. · .!·····-.;;~ .. <1 / 0 _,,:)J)u I .... ~~~·:.\:~ d--• • • :~:: • • • . . ... . .~- • ••• •• ·~"d. ,,. •• .. -11 •• ••••• OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX APPENDIX A I. • 1.s • I. -i, (Blue,____, Yoitr T11ater Fitnds !rt Actio11 White ---Background 4' -O" --- 3" Radius Dark Blue PROJECT SIGN Figure JOA Scale l " = l '