The URL can be used to link to this page

Home My WebLink AboutContract 388577 CITY OF FORT WORTH, TEXAS 2009 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR LAKE WORTH RESTORATION AND MAINTENANCE PROJECT NUMBER : WTR-2009-560001 UNIT I -BOAT RAMP REPLACEMENT AT ARROW "S" PARK UNIT II -MARKER BUOY/ FLOAT LINE REPLACEMENT UNIT III -REMOVAL OF BRUSH AND TREES AT THE DAM PROJECT NUMBER: WTR-2009-560001 MIKE MONCRIEF MAYOR DALE FISSELER, P.E. CITY MANAGER FRANK CRUMB, P.E. DIRECTOR, WATER DEPARTMENT PFI I l ECORD ITV SECRETARY .WORTH,TX M&C Review ,I Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT WORTH ~ COUNCIL ACTION: Approved on 6/2/2009 -Ord. No. 18647-06-2009 & 18648-06-2009 DATE: 61212009 REFERENCE NO.: CODE: C TYPE: C-23567 NON- CONSENT LOG NAME: PUBLIC HEARING: 60LAKE WORTH RESTORATION NO SUBJECT: Authorize a Contract in the Amount of $359 ,732.00 with Lehne Construction , Inc., for Certain Boat Ramp and Dam Improvements Associated with the Lake Worth Restoration and Maintenance Project and Adopt Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in th Lake Worth Trust Fund by $374 ,732.00 from Gas Well Revenues ; 2. Authorize the transfer of $300 ,000 .00 from the Lake Worth Trust Fund to the Water Capital Projects Fund ; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in th Water Capital Projects Fund in the amount of $300 ,000 .00 ; and 4 . Authorize the City Manager to execute a contract with Lehne Construction, Inc., for certain boat ramp and dam improvements associated with the Lake Worth Restoration and Maintenance Project in the amount of $359 ,732.00. DISCUSSION: On January 8, 2008 , the City Council amended the Gas Well Revenue Distribution Policy to allow for revenues derived from lease bonuses and royalties from properties in and around Lake Worth to be used for the execution of the 2007 Lake Worth Capital Improvements Implementation Plan . One of the projects designated in this Plan is the improvements to the existing boat Ramp at Arrow S Park. The existing ramp has experienced significant under cutting over the years due to prop wash ; this he been determined to be hazardous and is currently out of service. This project will be funded with Ga~ Lease Revenue Funds in an amount not to exceed $229 ,332.00 . Dam safety and security inspections of the Lake Worth Dam by the Texas Commission on Environmental Quality and the City's security consultant recommended a number of improvements t< enhance safety and security at the dam . To date new fencing , access control, lighting and a camera system have been installed . The only remaining recommendations to be completed are the replacement of the existing buoy line in front of the dam in an amount not to exceed $58 ,400.00 and removal of brush and trees from the dam area in an amount not to exceed $72 ,000.00 . The proposed contract with Lehne Construction , Inc., will include the demolition of the existing boat ramp and the installation of a new concrete boat ramp at Arrow S Park , the removal of the existing buoy line and the installation of a new lighted buoy line at the Lake Worth Dam , and removal of trees and brush on the Lake Worth Dam . -1 - http://apps.cfwnet.org/council_packet/mc _review.asp?ID=l l 61 O&councildate=6/2/2009 06/25 /2009 M&C Review Page 2 of2 The project was advertised for bid on December 11 , 2008, and December 18, 2008 . On January 22 , 2009 , the following bids were received : BIDDERS Lehne Construction , Inc. Patco Utilities, Inc. Northstar Construction, Inc. Orval Hall Excavating, Ltd. Boyer, Inc . BID $359 ,732 .0( $382,884.31 $398,900.0( $410,400 .0( $563,825.0( In addition to the contract price $15,000 .00 is needed for project management and inspection. Lehne Construction , Inc ., is in compliance with the City's M/WBE Ordinance by committing to eight percent M/WBE participation. The City's goal on this project is six percent. FISCAL IN FORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance funds will be available in the current capital budget, as appropriated , of the Lake Worth Trust Fund. TO Fund/Account/Centers 1) FE70 446100 030001902000 $374,732 .00 1) FE70 539120 030001902000 $74 ,732 .00 1) FE70 538070 030001902000 $300 ,000 .00 2&3) P253 472070 6075601310ZZ $300 ,000 .00 3)P253 511010 607560131085 15 000 .00 3) P253 541200 607560131080 $285,000 .00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 60LAKE WORTH RESTORATION REC1.doc 60LAKE WORTH RESTORATION REC3.doc Lake Worth Restoration map.ppt FROM Fund/Account/Centers 2) FE70 538070 030001902000 $300 ,000 .0 4) FE70 539120 030001902000 $74,732.0 4) P253 541200 607560131080 $285,000 .0 Fernando Costa (6122) S. Frank Crumb (8207) Paul Bounds (8567) http://apps.cfwnet.org/council_packet/mc _review.asp?ID= 1161 O&councildate=6/2/2009 06 /25 /2009 LAKE WORTH RESTORATION AND MAINTENANCE PROJECT NUMBER : WTR-2009-560001 UNIT I -BOAT RAMP REPLACEMENT UNIT II -MARKER BUOY/ FLOAT LINE REPLACEMENT UNIT III -REMOVAL OF BRUSH AND TREES AT THE DAM 2009 DALE FISSELER, P .E. CITY MANAGER FRANK CRUMB, P.E. DIRECTOR, WATER DEPARTMENT RECOMMENDED ------------------ ANDY CRONBERG, P.E. -ASSISTANT DIRECTOR, WATER DEPARTMENT APPROVED --------------------- S. FRANK CRUMB, P.E.-DIRECTOR WATER DEPARTMENT SPECIAL CONTRACT DOCUMENTS FOR LAKE WORTH RESTORATION AND MAINTENANCE PROJECT NUMBER : WTR-2009-560001 UNIT I -BOAT RAMP REPLACEMENT UNIT II -MARKER BUOY/ FLOAT LINE REPLACEMENT UNIT III -REMOVAL OF BRUSH AND TREES AT THE DAM DALE FISSELER, P.E. CITY MANAGER FRANK CRUMB, P.E. DIRECTOR, WATER DEPARTMENT ANDY CRONBERG, P.E. ASSISTANT DIRECTOR, WATER DEPARTMENT CITY OF FORT WORTH, TEXAS SECIFICA TIONS AND CONTRACT DOCUMENTS FOR LAKE WORTH RESTORATION AND MAINTENANCE PROJECT NUMBER: WTR-2009-560001 TABLE OF CONTENTS PART "A" Notice to Bidders Special Instructions to Bidders PART "B" Proposal (Bid) MWBE Bid Specifications PART "C" General Conditions PART "CS" Supplementary Conditions PART "D" Special Conditions PART "E" Technical Specifications PART "F" Bonds and Insurance PART "G" Contract PART "H" Area locations ( Units I, II, III ) Project Sign Detail PART "A" NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed Proposals for the furnishing of all labor, materials, and equipment for Construction of the Lake Worth Restoration and Maintenance (Units I, II, III) Water Department Project Number WTR-2009-560001 addressed to Purchasing Manager of the City of Fort Worth, will be received until 01:30 p.m. on the date of The bid opening, at the Office of the Purchasing Division, located on the lower level of the Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. The Bids will be publicly opened and read aloud in the City Council Chambers at: 2:00 p.m., January 22nd, 2009 Special Contract Documents, including plans and detailed specifications, have been Prepared for the project and may be obtained from the City of Fort Worth Water Department Engineering Office at no cost located, 2nd floor -1000 Throckmorton Street, Fort Worth, Texas 76102 . A pre-bid conference will be held at 10:30am Wednesday, January i\ 2009 at the Arrow S Park Boat Ramp (under the HWY 820 Bridge over Lake Worth-Mapsco 59G). Engineer will transmit to all prospective bidders of record such Addenda, as Engineer considers necessary in response to questions arising at the conference. Prequalification according to the Fort Worth Water Department Contract Specifications (as listed in Special Instructions to Bidders) is required. All Bidders must submit prequalification documents with the City of Fort Worth Water Department a minimum of seven (7) days prior to the bid opening. The City reserves the right to Reject any or all bids and waive any or all irregularities. No Bid may be withdrawn until the expiration of ninety (90) days from the date the Bids are opened. For additional information, please contact Walter W. Hardin, Jr., P.E. at (817) 392-8698 or (682) 432-4075 -email walter.hardin(@fortworthgov.org Publication Dates: December 11, 2009 December 18, 2009 Dale Fisseler City Manager Marty Hendrix City Secretary SPECIAL INSTRUCTIONS TO BIDDERS (February 15, 2006) 1. PREQUALIFICATION 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) 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. b) FINANCIAL STATEMENT. The financial statement required shall have been prepared by an independent certified public accountant or independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status of the submitting company. This statement must be current and not more than one (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. c) EXPERIENCE RECORD. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in the work of both the same nature and technical level as that of the project for which bids are to be received . Experience must be on projects that were completed no more than 5 years prior to the date on which bids will be received . A minimum of three references must be included. References must include a contact person name, telephone number, project name and total cost, and type of work done (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) 392-8480 (FAX 817-392-8195). 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-6 3. CONFLICT OF INTEREST DISCLOSURE REQUIREMENT. Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176 . A copy of the Questionnaire Form CIQ can be found in the contract documents. The form is also available at http://www.ethics.state.tx.us/forms/CIO.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. 4. 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. 5. WAGE RATES. Not less that the prevailing wage rates established by the City of Fort Worth, Texas, and as set forth in the Contract Documents. must be paid on this project. 6. 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. 7. 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) 8. 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. A-6 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 Government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of the Contractor's and/or its subcontractors' alleged failure to comply 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. MINORJTY AND WOMEN BUSINESS ENTERPRJSES: 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, PRJME CONTRACTOR WAIVER FORM, and/or the A-6 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. 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 PART "B" PROPOSAL TO: Mr. Dale Fisseler City Manager Fort Worth, Texas PART "B" -PROPOSAL PROPOSAL FOR: furnishing of all material and equipment and labor and all necessary appurtenances and incidental work to provide an operable project designated as: LAKE WORTH RESTORATION AND MAINTENANCE PROJECT NUMBER: WTR-2009-560001 UNIT 1 -BOAT RAMP REPLACEMENT UNIT II -MARKER BUOY/ FLOAT LINE REPLACEMENT UNIT III -REMOVAL OF BRUSH AND TREES AT THE DAM 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, the site of the project and understanding the amount of work to be done, and the prevailing conditions hereby proposes to do all the work, furnish all the labor, equipment and material , except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the plans and contract Documents and subject to the inspection and approval of the Director of the City Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: B-1 • ... • > ITEM APPROX . DESCRIPTION OF ITEM UNIT PRICE TOTAL AMOUNT BID NO . QUANTITY WITH BID PRICES WRITTEN IN WORDS UNIT I -BOAT RAMP REPLACEMENT (INCLUDING PROJECT SIGN) 1. LS 2. LS 3. LS INST ALL /MAINTAIN COFFERDAM AND DEWATER AS REQUIRED TO CONSTRUCT A NEW BOAT RAMP -REMOVE UPON COMPLETION No CENTS C>C eG $1S'i'1ooo -LS $ 3'8'1 ooo - PREPARE LAKE BOTTOM INCLUDING A LL EXCAVATION AS NECESSARY TO CONSTRUCT THE NEW BOAT RAMP No ----------t-±:NTS oG $ J'-f oo o -LS SA WCUT THE EXISTING ASPHALT PAVEMENT NEXT TO THE EXISTING CONCRETE HEAD WALK AT THE EAST END OF THE EXISTING BOAT RAMP AND REMOVE THE ENTIRE EXISTING BOAT RAMP & HEAD WALK ttUo t-ffa"s 1t1·h:1 f'tv£ l-/<J 1-fon..c,tJ DOLLARS fl, CE~ffS $ zs 0 ,o LS B-2 ' ' 4. LS 5. LS 6. LS HAUL FROM SITE ALL THE EXCAVATED/ REMOVED MATERIALS AS REQUIRED FOR THE NEW BOAT RAMP CONSTUCTION No ---------p;ENTS ~ ..c, $ -5 ") I L LS $ 5 1 I L - PROVIDE NECESSARY SECURITY & OPERATIONAL CREW TO INSURE THAT THE COFFERDAM REMAINS FUNCTIONAL DURING THE CONSTRUCTION PROCESS .,--. h FrJ££J../ T l-lov5J1HJ::J -=--DOLLARS N-,o CENTS --~---------- ~ tll( $_L~~-OCJ_u ___ LS $ Is .,o o ~ CONT RACTOR JOB SET-UP AND MOBILIZATION ,,....... /-o ¥Lr'( S,c; v c N 1J-/a-., s '4 11..LJ DOLLARS --'------------- _ __._N ....... o"--________ cENTs a<. d"CI $ 4 ,1 (JOO -LS $ L/ 7 CJ O <J- B-3 7 . LS 8. LS CONSTRUCT NEW 8 INCHES THICK CAST IN PLACE REINFORCED CONCRETE BOAT RAMP HEAD WALK SECTION WITH THICKEN EDGES . 4000 PSI CONCRETE DESIGN WITH 7 % ENTRAINED AIR WITH 1.5 LBS . PER CUBIC YARD OF SYNTHETIC NON-MET ALIC FIBERS . THE REINFORCEMENT BARS TO BE #4 GFRP PLACED ON 12 INCH CENTERS BOTH WAYS . THIS HEAD WALK SECTION TO BE 40 FEET BY 12 FEET WITH A SMOOTH BROOM FINISH. No cENTs OG a v $ 4,3ZD -LS $ L/1 3Zo - CONSTRUCT NEW 8 INCHES THICK CAST IN PLACE REINFORCED CONCRETE BOAT RAMP (NOT INCLUDING THE HEAD WALK TRANSITION SECTION). 4000 PSI CONCRETE DESIGN WITH 7 % ENTRAINED AIR WITH 1.5 LBS . PER CUBIC YARD SYNTHETIC NON-METALIC FIBERS. THIS RAMP IS TO HA VE A PERIMETER GRADE BEAM 12 INCHES WIDE AND 24 INCHES DEEP WITH FOUR # 6 GFRP REBARS PLACED TWO ABOVE AND TWO BELOW WITHIN THE CROSS-SECTION OF THE BEAM. THE REMAINDER OF THE BOAT RAMP WILL HA VE #4 GFRP REBARS PLACED ON 18 INCH CENTERS BOTH WAYS. THE DIMENSIONS OF THIS BOAT RAMP WILL BE TRAPEZOIDAL IN SHAPE WITH THE RAMP'S BEGINNING TO BE 40 FEET WIDE AND THE DEEPEST END'S WIDTH TO BE 60 FEET WIDE. THE OVERALL LENGTH (NOT INCLUDING THE HEAD WALK SECTION) WILL BE 88 FEET LONG. Continued next page B-4 THE SLOPE OF THE RAMP TO BE APPROX. 12 .5 % AND THE ELEVATION OF THE DEEPEST END TO BE 584 FT. ABOVE SEA LEVEL (I.E . NORMAL FULL LAKE LEVEL IS 594 FEET ABOVE SEA LEVEL). THE SURF ACE OF THE BOAT RAMP TO HA VE A ROUGH-BROOMED FINISH WITH Yi INCH DEEP TOOLED OR SAW CUT GROVES ON THE DIAGONAL FROM THE CENTER LINE OF THE BOAT RAMP TOWARDS THE DEEP END OF THE RAMP AT A 60 DEGREE ANGLE DIRECTION PLACED EVERY SIX INCHES (TO ALLOW THE WATER TO SHED). U,;t-/41t-efl G ,=I'( t:i.uv t:ll&./st4-l'/I(} £,u!IT rr DOLLARS No CENTS TOTAL BID FOR UNIT I B-5 <JG, .... $ 52 ~()cJ -LS $ S-c, o'OC - ~ $ 2'2 °/, 332- PART"B"-PROPOSAL ITEM APPROX. DESCRIPTION OF ITEM UNIT PRICE TOTAL AMOUNT BID NO. QUANTITY WITH BID PRICES WRITTEN IN WORDS UNIT II -MARKER BUOY/ FLOAT LINE REPLACEMENT 1. LS 2. LS REMOVE THE EXISTING MARKER BUOY/FLOAT LINE _ ___,_"1.=.o""--_______ CENTS CONSTRUCT (WELD) TWO (2) NEW LINE-END ANCHORAGE SUPPORTING STRUCTURES NEAR THE SHORE LINE. EACH STRUCTURE TO BE MADE OF 4 INCH SCHEDULE 40 STEEL PIPE SET/PLACED INTO THE EARTH THREE (3) FEET DEEP ENCASED WITH CONCRETE INTO 12 INCH MIN. DIAMETER HOLES. THE SHAPE OF THE STRUCTURES TO BE FIVE (5) FOOT WIDE "H'' PATTERN WTH BRACE ABOVE THE NORMAL LAKE LEVEL OF 594 FT. WITH FIVE (5) FEET PROJECTION ABOVE THIS NORMAL LEVEL. EACH STRUCTURE TO BE PRIMED AND PAINTED WITH TWO COATS OF WHITE EPOXY PAINT. TOPS OF PIPES TO BE WELDED CLOSED WITH STEEL CAPS . • o oc- $ 4,.36"...--LS $ i 3 <!.0 - B-6 3. LS FURNISH AND INSTALL THE NEW MARKER BUOY/ FLOAT LINE APPROX. 2400 FEET LONG NEAR THE DAM USING "ROLY AN MANUFACTURED PRODUCTS" OR APPROVED EQUAL : 23 -B961R BUOYS WITH LIGHT MOUNTS (two spares) 23 -T81 LIGHTS WITH BATTERYS (two spares) 21 -B2152 (300 LB .) CONCRETE ANCHORS IOO-B1400A FLOATS (five spares) 6 -B 1933 CABLE (500 FT. SPOOLS EACH) 1 -B1931 CABLE (500 FT . SPOOLS EACH) 310 -B2335 CABLE CLAMPS 20-B2333 CABLE CLAMPS 123 -B1902 ANCHOR SHACKLES 46 -B2323 CABLE THIMBLES 10 -B2321 CABLE THIMBLES 23 - B 1923 SWIVELS No B-7 CENTS ~ ~ LS $ q g-Sao . ~. 4 . LS CONTRACTOR JOB SET-UP AND MOBILIZATION tw~ f-Jfo,,s;ftfl:J Ft vc__ f/-c,t-fIJl)!.LJ DOLLARS No CENTS ~ ~ $ 25 a O LS $ -z._s de..> cc. TOT AL BID FOR UNIT II $ 5'€ 'I O 0 B-8 PART "B" -PROPOSAL ITEM APPROX. DESCRIPTION OF ITEM UNIT PRICE TOTAL AMOUNT BID NO. QUANTITY WITH BID PRICES WRJITEN IN WORDS UNIT III -REMOVAL OF BRUSH AND TREES AT THE DAM I. LS 2. LS CONTRACTOR JOB SET-UP AND MOBILIZATION _;_[frl\J T ~~U_S--"O'--kJ_-d,._· ___ DOLLARS ~~--N~o~~~~~~_CENTS CUT I SHRED / REMOVE FROM SITE THE BRUSH AND DESIGNATED TREES FROM THE NORTHWEST SECTION OF THE DAM (i.e. NORTH OF THE SPILLWAY) INCLUDING GROWTH IN THE WATER NEXT TO DAM . ACCESSABLE ONLY VIA THE NATURAL SPILLWAY DISCHARGE ZONE JUST EAST OF THE SPILLWAY. THE APPROX. SIZE OF THIS AREA IS 800 FEET LONG BY 60 FEET WIDE. , 9,t!:'{ SeveiV}f,eµT~~?~ c 5~i..uudred DOLLARS ---o-\'l_· o _______ CENTS 7 7So Du ;n r, <'Q oO $ / 1 • LS $ ~ I, . t _<J · . T 7 B-9 3. LS 4 . LS CUT/ SHRED / REMOVE FROM SITE THE BRUSH AND DESIGNATED TREES FROM THE SOUTHWEST SECTION OF THE DAM (i.e . SOUTH OF THE SPILLWAY) INCLUDING GROWTH IN THE WATER NEXT TO DAM AND ALL GROWTH IN THE RIP-RAP AREA THE APPROX. SIZE OF THIS AREA IS 800 FEET LONG BY 80 FEET WIDE. ('0 I ~-~\~ [if?'(,<ljJ ThoLtsai0d f .)eyel\J M,vdrtd DOLLARS N.o CENTS --~~-------- $4 _-7qa . o\s $ -/ ~ -r;s-o . oo CUT/ SHRED / REMOVE FROM SITE THE BRUSH AND DESIGNATED TREES FROM THE SOUTHWEST SECTION OF THE DAM (i.e. SOUTH OF THE SPILLWAY) AN AREA (APPROXIMATELY 60 FEET WIDE BY 550 FEET LONG) FROM THE TOE OF SLOPE ON THE WEST SIDE OF THE DAM NOT IN THE RIP-RAP AREA. "TC_.__~~-~d-·-'-'~=--·-'--~_,_,~::[Yo~------~--~-c,,.,J~d~~DOLLARS H-o ~~~~~~~-· CENTS $ .~ oOO, rs ·$ , t ~ 0 00. vO B-10 I I : 5. LS CUT I SHRED I REMOVE FROM THE SITE BRUSH AND DESIGNATED TREES FROM THE SOUTHEAST SECTION OF THE DAM (i.e. SOUTH OF THE SPILLWAY) AN AREA IN THE RIP-RAP APPROX. 200 FEET BY 80 FEET ON THE SLOPE OF THE DAM. L 0 , 0 kWJd.K-<l f(X..t<2.. Tko1.t9Jcd fi Nve DOLLARS __ ____.IL....:.~-=o ________ CENTS $_ ~I S'DU, "OLS $ li soa, uO 7 TOT AL BID FOR UNIT III $-7~Z-}_(}_0_0_· _· ----- t Z . Cl'J I eµd~ J~i-s B-11 PART "B" -PROPOSAL ITEM APPROX. DESCRIPTION OF ITEM UNIT PRICE TOTAL AMOUNT BID NO . QUANTITY WITH BID PRICES WRITTEN IN WORDS UNIT III -REMOVAL OF BRUSH AND TREES AT THE DAM I. LS 2 . LS CONTRACTOR JOB SET-UP AND MOBILIZATION -'-Lb1v T~_ou·_ s_o_u_d_· ___ DOLLARS ~~----l'J..._o=--~~~~~-CENTS CUT/ SHRED / REMOVE FROM SITE THE BRUSH AND DESIGNATED TREES FROM THE NORTHWEST SECTION OF THE DAM (i.e . NORTH OF THE SPILLWAY) INCLUDING GROWTH IN THE WATER NEXT TO DAM. ACCESSABLE ONLY VIA THE NATURAL SPILLWAY DISCHARGE ZONE JUST EAST OF THE SPILLWAY. THE APPROX. SIZE OF THIS AREA IS 800 FEET LONG BY 60 FEET WIDE. . · . rcr2 ..Sevei0Je,eµ=f"-aw-:->S~ c S~~uudred DOLLARS B-9 3. LS 4. LS CUT I SHRED I REMOVE FROM SITE THE BRUSH AND DESIGNATED TREES FROM THE SOUTHWEST SECTION OF THE DAM (i.e . SOUTH OF THE SPILLWAY) INCLUDING GROWTH IN THE WATER NEXT TO DAM AND ALL GROWTH IN THE RIP-RAP AREA THE APPROX . SIZE OF THIS AREA IS 800 FEET LONG BY 80 FEET WIDE. (10 ' g~,y t ,f1'(.'6V Thou sai0d f 5'-eve,v ~#./d,.d 1DOLLARS t{o CENTS -----=--=--------$4-?lb . /}~s $ /~ 7so .oo CUT/ SHRED / REMOVE FROM SITE THE BRUSH AND DESIGNATED TREES FROM THE SOUTHWEST SECTION OF THE DAM (i.e . SOUTH OF THE SPILLWAY) AN AREA (APPROXIMATELY 60 FEET WIDE BY 550 FEET LONG) FROM THE TOE OF SLOPE ON THE WEST SIDE OF THE DAM NOT IN THE RIP-RAP AREA. l ~\} 6-~'2. .]J~~sc...vd DOLLARS tt1> CENTS p{I 0 $ ~~ oOO,Ls $ _?~ oo o. t) B-10 I' 5. LS CUT/ SHRED/ REMOVE FROM THE SITE BRUSH AND DESIGNATED TREES FROM THE SOUTHEAST SECTION OF THE DAM (i.e. SOUTH OF THE SPILLWAY) AN AREA IN THE RIP-RAP APPROX. 200 FEET BY 80 FEET ON THE SLOPE OF THE DAM. {I 0 , 0 l w-->J.H-d. ~ r~<L T~5µvd ( /-ive DOLLARS Ho CENTS $_ ~/ )OU, tJcLS $ l( .)OU, uU TOTAL BID FoR UNIT In $-7~Z_1_(}_o_o_· ____ _ (?. Ctt f eµdc..r d~i-s B-11 ' . The Bidder agrees to begin construction within 10 calendar days after issue of the Work Order, and to complete the contract within 90 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 principal place of business of our company is in the State of !Ex V).5 Non resident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders . ® 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 prov isions and requirements of which have been taken into consideration in preparation of the foregoing bid : Addendum No. 1 (Initials) _ _.p=-t.. __ _ Addendum No . 2 ( Initials ) 6L--~--- Addendum No. 3 ( Initials ) ____ _ Seal If Bidder is Corporation Date : l-2 l-Oj . -... B-13 g ature of Principal &~112et1r ' Title or Position LE.-l-tN ~ Ce ,-tSn'.Vt:.-1(4' N-J-r-1e,. Contractor !2-4.DC> l-lw't '71 W ,rr£ 5~0-I lg Street ' City ,1 State , Zip Code Telephone Number - MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS fORTWORTH ----....----City of Fort Worth Subcontractors/Suppliers Utilization Form Identify fill subcontractors/suppliers you will use on this project ATIACHM EN T 1A Page 1 of 4 Fa ilu re to complete t his fo rm , in its entirety with req ues ted documentat ion . and received by the Managing Departme nt on or before 5:00 pm . five (5) City business days after bid opening . exclus ive of bid opening date , will resu lt in the bi d be ing considered non-responsive to bid specifications. T he undersigned Offeror agrees to enter in to a formal agreement w it h the M.tWBE firm (s) li sted in th is utilization schedule , conditioned upon ex ecution of a contract with the City of Fort Worth . The intentiona l and/or know in g misrepresentation of facts is grou nd s for consideration of disqua lifi cation and will result in the bid being cons idered non-respons ive to bid spe cifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Ma rke tplace is th e geographic area of Tarra nt , Parker , Johnson , Coll in, Da llas , Denton , Ellis , Kaufman and Rockwal l count ies . Identify e~-h--Tie~--i~vel. Tier is the level of sub~~~t~~c"ti-;:;g-·bei;;-th-e-prime . co nt ract or , i.e., a d ire ct I payment from the prime contractor to a subcontractor is considered 1 51 t ier, a payment by a subcontractor to ! [__i ts supplier is considere_d 2 nd t ier ....................... __ ·····--------···· ..... --·-·············· ............. ___ . ...... _ __ _ ______ J ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD . Certification means those firms . located or doing bus iness at the time of bid opening within the Marketplace , that have been determ ined to be bonafide m inor ity or women bus inesses by the No rth Central Te xas Reg ional Certification Agenc y (NCTRCA ), or the Texas Department of Transportat ion (TX DOT ). hi ghwa y d iv ision Dis advanta ged Bus in ess Enter pr ise (DBE ) 1s synonym ous with Mi nority/Women Bus iness Enterp ri se (M/WBE ) l 'lfhauling services are utilize-cf -the --prime wi tt be --given credi t as lor1g· as the M.tWBE listed owns and ; operates at least one fully li ce~sed _and operational truck to be used on the contract . The M.tWBE may lease : 1 tr ucks from anothe r M/WBE firm . 1nclud1 ng M/WBE owner-oper ators . and rece ive fu ll M/WBE credit. T he i 1 M/VVBE may lease trucks from non-M/VVB Es . 1nclud 1n g owner -operators . but will only recei ve cre dit for the : fees and commission~-~~rned by tt)~[Y.1_/'{Y.~~-~§_Q.~tlin ed in th e le9se _a_gr!::e rr:i~nt. Rev G/30/03 Fn RTWORTH ATIACHMENT 1A Page 2 of 4 --..,..-- ,---P rim es a r~·;:~u ired to i::ntify A:: s u bcontra ~;~r s/s up ~;;:~::~e~ardl::::;:~a tus : i.e .. Min:~;ty . Wo men and ~-on-MiWBEs . ·1 I Pl ease list MiW BE fir ms fir st. use add it ional sh eets if ne ces sary . j SUBCONTRACTOR/SUPPLIER Company Name Address Telephone/Fax Certification N 0 I (c heck on e ) n :t-~-1 w Ii ~, ~ : r B !B R I O B E I E I C T E A Detail Subcontracting Work Detail Suppl ies Purchased Dollar Amount ---~~fl} ~"A I --~ .... ····---·----------·--·-----··' 8ff II:, J//MElf~ A1 1/f ~ P 11 IY'I I I !---- 1 I f----- 1 I ! I t1N1f$ I l ----+-··-····" ··--·----i-~--+----->--------- ------+-+--I ----·--·-------------··-.. -.. --1 I I I .... J Re11 . 5130 /03 Frnn \Vmn H --....,...-- ATTAC HMEN T 1A Pag e 3 of 4 -··-.. ----.. ········---------------··· .. ----···-·--------·-·-----·····-·· ----········---------------··---·----·····-------------·-·-, Pr im es are required to identify ALL subcontra ctors/suppliers , rega rdless of status ; i _e , Minority , Wome n and non-MNVB Es _ Please list MI\IVBE firms first , us e add itio nal sheets if necessary _ ! Certifi cation N 0 T ~- __ (ch eck one) SUBCONTRACTOR/SUPPLIER -.-,----,----,----=--l n . NI T De ta i l Company Name Address Te lephone/Fax 1 i c X M Subcontracti ng Wo rk e j M W T I D \I', r 1' B B R'I O B E E C T E : I 'A ! I I i ' I i I I I I Detail Supplies Purchased . --------------------------------. -+~--+--+-···-.. ----·-········-···--···-·----+-- i I I I I . I I I i I Dollar Amount I I ............... ,.___ ; I 1 ! i I I : 1 ---------------------------------· -r-~-r+---1 --------------··-·--·----------------------------------1 I i 1 _ , I ! I i I ! 1 I . , 1 • I I tti·i-~ --------------------- 1 ' I • I I I -----------·-------------_____ __.___._:-+i-~- 1 i I : ' I i i r---------------------l i -+----r---r------- I I iu·J· !___________________ -~~--· _L~------------------------·-------------------- J I ·-------------------·-_____ J Re v 5/30/03 FORT WORTH ---..,....-- Total Dolla r Amount of M/WBE Subcontractors/Suppl iers Total Do llar Amount of Non-M/WBE Subcontractors /Supplie rs $ 9~ t?C~. ~ $ 7J. 8tA· ~ ATIACHMENT 1A Page 4 of 4 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ /J9 1/t~. ~ ,, jThe Contractor will not make additions . de letions , or substitutions to th is certified list without the pr ior approval / I of the Minority and Women Business Enterprise Office Manager or des ignee through the submitta l of a 1 I Request for Approval of Change/Addition. Any un j ustified change or delet ion shall be a material breach of contract and may result in debarment in accord with the procedures outl ined in the ordinance . The contractor I shall submit a detailed explanation of how the requested ch ange /add it ion or de letion wi ll affect the committed ~tY.vBE go_a l. If the detail explanation is not subm itted , it wil l affect t hefi nal compl iance determ inat ion . -~--........... .. By aff ixing a signature to this form , the Offerer further agrees to prov ide , d irectly to the City upon request. complete and accurate informat ion regarding actual work performed by all subcontractors . includ ing M/W/DBE (s) arrangements subm itted with the bid . The Offe rer also agrees to allow an aud it and /or examination of any books , records and files held by their compan y The bidder agrees to a llow the transmiss ion of interv iews with owners . pr inc ipals , offic ers , employees and applicable subcontractors /suppliers/contractors part icipating on the cont ract that will substantiate the actual work performed by the M/W/DBE (s) on th is contract , by an authorized officer or emp loyee of the C ity . Any intentional and /or know ing misrepresentation of facts will be gro unds fo r terminating the contract or debarment from City work for a per iod of not less than three (3) years and for in it iating action under Federal , State or Loca l laws concerning fa lse statements . Any fai lu re to comp ly with th is ordinance and create a material breac h of cont ract may resu lt in a determination of an ir resp ons ible Offere r an d barred from partic ipat ing in City work for a per iod of time not less t han one ( 1) yea r . Lf~ A.tru1orized Signat ure rrwJJ- ·-------'--.__""""=..c;x.a:..L.C..------------- Tit le Contact Name/T itle (I f d iffe re nt) .,S1?i -~t3-tJ~5 ~Sf t1 I Tele p hone and/o r Fax 7 )~ 't~d »wv 71 W .. I f4,, fl') E-mail Address 9-®7· ri/1 lpl! ~ Da te Add~> -k-· ::-:-=--~~-CC..L~J;-~~u:....::::· ~· 2--=.i..L......:2:1;:.__::i:___. ··- Cit y/State/Zip I Rev 5/30 /03 PART "C" GENERAL CONDITIONS - - - - - ...... ·- - - - Cl-1 Cl-I.I C 1-1.2 C 1-1.3 Cl-1.4 C 1-1.5 C 1-1.6 Cl-1.7 C 1-1.8 Cl-1.9 Cl-I.IO 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 C 1-1.20 Cl-1.21 C 1-1.22 Cl-1.23 C 1-1.24 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 Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specifications Bonds Contract Plans City City Council Mayor City Manager City Attorney Director of Public Works Director, City Water Department Engineer Contractor Sureties The Work or Project Working Day Calendar Days Legal Holidays Abbreviations Change Order Paved Streets and Alleys Unpaved Streets or Alleys City Street Roadway Gravel Street Cl-I (I) Cl-1 (I) Cl-1 (2) Cl-1 (2) Cl -1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-I (4) Cl-1 (4) Cl-1 (4) Cl-1 (5) Cl-1 (5) C 1-1 (6) Cl-1 (6) Cl-1 (6) Cl-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.l 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 (I) C2-2 (I) C2-2 (2) C2-2 (2) ,_, ·- ,.. .. - - - - - - - - - ..... C2-2 .5 Rejection of Proposals C2-2.6 Bid Security C2 -2.7 Delivery of Proposal C2 -2.8 Withdrawing Proposals C2-2 .9 Te legraphic Modifications of Proposals C2 -2 .1 0 Public Opening of Proposa l C2 -2. l l Irregular Proposals C2-2 .12 Disqualification of Bidders C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 Consideration of Proposals C3-3.2 Minority Business Enterprise/Women Business Enterprise Compliance C3 -3.3 Equal Employment Provisions C3 -3.4 Withdrawal of Proposals C3 -3.5 A ward of Contract C3-3.6 Return of Proposal Securities C3-3.7 Bonds C3-3.8 Execution of Contract C3-3.9 Failure to Execute Contract C-3 -3.10 Beginning Work C3-3.l l Insurance C3-3 .12 Contractor's Obligations C3-3 .13 Weekly Payrolls C3 -3 .14 Contractor's Contract Administration C3-3 .15 Venue C4-4 SCOPE OF WORK C4 -4.1 Intent of Contract Documents C4 -4.2 Special Provisions C4 -4.3 Increased or Decreased Quantities C4-4.4 Alteration of Contract Documents C4 -4.5 Extra Work C4 -4.6 Schedule of Operation C4-4.7 Progress Schedules for Water and Sewer Plant Facilities CS-5 CONTROL OF WORK AND MATERIALS CS-5 .1 CS-5 .2 CS-5.3 CS-5.4 CS-5 .5 CS -5.6 CS-5.7 Authority of Engineer C~mformity 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) CS-5 (1) CS -5 (1) CS -5 (1) CS -5 (2) CS-5 (2) CS -5 (3) CS-5 (3) -C5-5.8 Authority and Duties of City Inspector C5-5 (3) C5-5 .9 Inspection C5-5 (4) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (4) C5 -5. l l Substitute Materials or Equipment C5-5 (4) C5 -5.12 Samples and Tests of Materials C5-5 (5) ,.. C5-5.13 Storage of Materials C5-5 (5) C5-5.14 Existing Structures and Utilities C5-5 (5) C5-5.15 Interruption of Serv ice C5-5 (6) -CS-5.16 Mutual Responsibility of Contractors CS -5 (7) CS-5 .17 Clean-Up CS-5 (7) CS-5.18 Final Inspection C5 -5 (8) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY -C6 -6 .1 Laws to be Observed C6-6 (1) C6-6.2 Permits and Licenses C6-6 (1) C6-6.3 Patented Devices, Materials, and Processes C6 -6 (1) -C6-6.4 Sanitary Provisions C6-6 (1) C6-6.5 Public Safety and Convenience C6-6 (2) C6-6.6 Privileges f Contractor in Streets, Alleys, C6-6 (3) -and Right-of-Way C6-6 .7 Railway Crossings C6-6 (3) C6-6 .8 Barricades, Warnings and Flagmen C6-6 (3) ,.. C6-6.9 Use of Explosives, Drop Weight, Etc. C6-6 (4) C6-6 .10 Work Within Easements C6-6 (5) -C6.6 .1 l Independent Contractor C6-6 (6) C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (6) C6-6.13 Contractor's Claim for Damages C6-6 (8) C6-6.14 Adjustment or Relocation of Public Utilities, Etc . C6-6 (8) C6-6.15 Temporary Sewer and Drain Connections C6-6 (8) C6-6.16 Arrangement and Charges for Water Furnished by the City C6-6 (9) -C6-6 .l 7 Use of a Section or Portion of the Work C6-6 (9) C6-6.18 Contractor's Responsibility for the Work C6-6 (9) C6-6.19 No Waiver of Legal Rights C6-6 (9) .-C6-6.20 Personal Liability of Public Officials C6-6 (10) C6-6 .21 State Sales Tax C6-6 (10) C7-7 PROSECUTION AND PROGRESS C7-7.l Subletting C7-7 (1) -C7-7.2 Assignment of Contract C7-7 (1) C7-7 .3 Prosecution of The Work C7-7 (1) C7-7.4 Limitation of Operations C7-7 (2) -C7-7 .5 Character of Workmen and Equipment C7-7(2) C7-7.6 Work Schedule C7-7 (3) C7-7.7 Time of Commencement and Completion C7-7(3) C7-7.8 Extension of Time Completion C7-7(3) -(3) - --.. ... -. -l ! -,. } - ...... I ; ~ f '"""' • - ,. -·• - C7-7.9 C7-7.10 C7-7.ll C7-7.12 C7 -7.13 C7-7.14 C7-7.15 C7-7.16 C7-7.17 C8 -8 C8 -8 . l C8 -8.2 C8 -8.3 C8 -8.4 C8 -8.5 C8-8.6 C8 -8.7 C8-8.8 C8-8.9 C8 -8.10 C8 -8. l l C8 -8.12 C8-8.13 De lays C7-7 (4) Time of Completion C7-7 (4) Suspension by Court Order C7-7(5) Temporary Suspension C7-7 (5) Termination of Contract due to National Emergency C7-7 (6) Suspension or Abandonment of the Work C7-7 (6) and Annulment of the Contract: Fulfillment of Contract C7-7 (8) Termination for Convenience of the Owner C7 -7 (8) Safety Methods and Practices C7-7(11) MEASUREMENT AND PAYMENT Measurement Of Quantities C8-8 (1) Unit Prices C8-8 (l) Lump Sum C8 -8 (l) Scope of Payment C8-8 (1) Partial Estimates and Retainage C8 -8 (2) Withholding Payment C8-8 (3) Final Acceptance C8-8 (3) Final Payment C8-8 (3) Adequacy of Design C8-8 (4) General Guaranty C8-8 (4) Subsidiary Work C8-8 (4) Miscellaneous Placement of Material C8 -8 (4) Record Documents C8-8 ( 4) (4) -- - - - - PART C -GENERAL CONDITIONS C 1-1 DEFINITIONS SECTION Cl-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 PART B -PROPOSAL PART C-GENERAL CONDITIONS PART D-SPECIAL CONDITIONS PART E-SPECIFICATIONS PERMITS /EASEMENTS PART F -BONDS PART G -CONTRACT (Sample) (Sample) (CITY) (Developer) (Sample) (Sample) White White Canary Yellow Brown Green El-White E2-Golden Rod E2A-White Blue White 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 publica tions e ither actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. Cl-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done , together with the bid security, constitutes the Proposal , which becomes binding upon the Bidder w hen it is officially received by the Owner, has been publicl y opened and read and not rejected by the Owner. Cl-1.5 BIDD ER: 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. C 1-1 .6 GENERAL CONDITIONS: The G eneral Conditions are the usua l 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. C 1-1.8 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 following : a. b. C. d. Performance Bond (see paragraph C3-3 .7) Payment Bond (see paragraph C3-3.7) Maintenance Bond (see paragraph C3-3.7) Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2 .6) Cl-1 (2) - - I!' •• - - - - 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. C 1-1.15 CITY MANAGER : The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C 1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative . Cl-1.17 DIRECTOR OF PUBLIC WORKS: The 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 withirt 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-I (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 Blvd. 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 D.I. 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. C 1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface : 1. 2. 3. 4. 5. Any type of asphaltic concrete with or without separate base material. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. Brick, with or without separate base material. Concrete, with or without separate base material. 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. C 1-1.32 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-I (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 l_{.ecord ," "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 (l) 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 encounterec;l 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 plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown 1s 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 authori zing agents or others to sign proposal must be prop e rly 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 ~y way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds . The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all · other bidders may be returned promptly after the canvass of bids . C2-2 .7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered , accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the 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 deli ve red. 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) hours 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 Reques t" has bee n recei ved will be publicl y 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 . C2-2.1 l 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 th e best interest of the City . Tendering a proposal after th e 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 v 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 e) f) g) h) a previous contract. The bidder having performed a prior contract in an unsatisfactory manner. Lack of competency as revealed by financial statement, experience statement, equipment schedule , and such inquiries as the Owner may see fit to make. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded . The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following : l. 2. 3. Financial Statement showing the financial condition of the bidder as specified in Part "A" -Special Instructions A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of 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 -GENERAL CONDITIONS C3-3 AW ARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AW ARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices , the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of the unit prices quoted and the estimated quantities plus any lurhp 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 (I) -- - - C 3-3.5 A WARD OF CONTRACT: Th e Owne r reserv es 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 mad e 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 b_een 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 faithful 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 56 1h 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 pay ment 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 Awa rdee and sh a ll thereupon immediately by forfeited to the Owne r. 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 (I 0) days after the commencement date set forth in such written authorization, commence the physical execution o f the contract. C3-3. l l 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 Owne r that the insurance coverage required h e rein shall include the cov erage 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 employ ees 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 ad e quate employe r 's general liability insurance for the protection of such of his employee s 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. 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). 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. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors , respectively , against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in 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. g. 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 a ll such other bond s are written , shall be represented by an agent or ag e nts having an office located within the city limits of the City of Fort Worth . Tarrant County , Texas . E ach 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 be en damaged, may have against the Contractor, insurance , and/or bonding company . If the local insurance representati ve 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 th e Metropl e x, th e 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 . l3 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 pay roll period . A copy or copies of th e 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 prote ction 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 full y 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 prnject. 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 offices with the understanding that this written assignment of authority to the local representati ve shall become part of the project Contract as though bound directly into the project documents . The intent of these requirements is that all matters a s sociated with the Contractor 's administration, whether it be oriented in furth e ring the work , or other, be go verned 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 stoppage s 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 SCOPE OF WORK PART C -GENERAL CONDITIONS C4-4 SCOPE OF WORK C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor 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 th e 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 pro v ision of the Contract Documents. C4-4 .5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto ; provided however, that 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 diffe ren ce arise as to what do es or dose not con sti t ut e Ex tra Work , o r as to th e payment thereof, and the Engineer insists upon its perform a nce , the Contractor shall proceed with the work afte r making written request for w ritte n 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 sha ll file his cl a im with the Owner within five (5) days before the time for making th e fir st es timate a ft er such work is done and unless the claim is supported by satisfactory vouche rs and certifi ed payrolls covering all labor and materials expended upon said Ex tra Work. The Contractor shall furnish the Owner such insta llation record s of all dev iations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing th e actua l in s ta llation. 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 comme ncing any work under this contract, the Contractor shall submit to the Owner and rece ive the Owner 's approval thereof, a "Schedule of Operations," showing by a strai g ht line method the date of commencing and finishing each of the major elements of th e Contract. There s hall be also shown the estimated monthly cost of work for which estimates a re to be expected. There shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizonta ll y and pe rcentage 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 O w ne r. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SE WER 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 approv al 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 guidelines shall be adhered to in preparing 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 act1v1tles 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 minimum, be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen (14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section . For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals 2. Submittal review periods . C4-4 (4) ' ' . - L. .. ' .. ' 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 CS-5 CONTROL OF WORK AND MATERIALS SECTION CS-5 CONTROL OF WORK AND MATERIALS CS-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. CS-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 iRtended 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 CS-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, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. CS-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 facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. CS-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 CS-5 (2) - ..... .... - .... discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positi ve steps to fulfill this written request, or does not shoe just cause for not taking the proper action, within 24 hours , the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action , plus 25%, from any funds due the Contractor on the project. CS-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, substantial! y constructed, well heated, air conditioned , lighted , and weather proof, so that documents will not be damaged by the elements. CS-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 due the Contractor. CS-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the 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. CS-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 . CS-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. CS-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Speeifications, 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 adequately 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 CS-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.l2 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or e9uipment 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: CS-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 . C5-5. l 7 CLEAN-UP : Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the satisfaction of the Engineer. Twenty-four (24) hours after written notice is given 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 11 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. C5-5 (7) ,.--4, - - .- C5-5.18 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 l O 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. C5-5 (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 o_fficers, 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 nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be placed and used , and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including , but not limited to , safe and convenient ingress and egress to the property contiguous tot he work area . The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe iI).stallation 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, ~r 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. l0 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 ar~a 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 permarnmt easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is ~ot 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. C6.6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that the Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the Owner. Contractor shall have exclusive control of and 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 doe s hereb y covenant and agre e to assume all liability and responsibility of Owner, its officers , agents, servants, and emplo y ees for property damage or loss , and/or personal injuries , including death , to an y 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 here under by th e Contractor, its officers , agents , employees, contractors , subcontractors, licensees or invitees , whether or not caused, in whole or in apart , by alleged negli gence of officers , agents, employees , contractors, subcontractors , licensees or invitees of the Owner. Contractor likewise covenants and agre e s to , and does hereby , indemnify and hold harmless Owner from and against any and all injuries , loss or damag es 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 in v olved . If the claims concerned remains unsettled as of the expiration of the above 30-day period , the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in the amount equal to the 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. 2. The claim has been settled and a release has been obtained from the claimant involved, or Good faith efforts have been made to settle such outstanding o-laims, and such good faith efforts have failed. If condition (I) 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 recommend that final payment 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, refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation 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 25th 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. l 5 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 . l 8 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 NOWAIVEROFLEGALRIGHTS: 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 carrymg 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 . C6-6.2l 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 -G ENERAL CONDITIONS C7-7 PROS ECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS : C7-7. l SUBLETTING: The Contractor shall perform with his own organi zation , 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 an y 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 b~ 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) ...... ,.F. ... - - - 7 -, 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 day s 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 Holidays , providing that the following requirements are met: a. b. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later that the preceding Thursday. 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, esse ntial 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 completion is based on a calendar day bid , a request for extension of time because of inclement weather will not be consid e red . A request for ex tension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery 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 furnished by the City . When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by 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) (~ f .- ,, 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. C7-7.1 l 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 will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible . C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other 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 prncaution 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 th e E ngin eer that a solution to allow construction to procee d is not avail a ble within a re as onabl e 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 dete rmined 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 a llowed . No reimbursement shall be allowed if the equipment is mo ved 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 notifi e d 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, mate rials, 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) \- 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, fmperfections, 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 151 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 10 1h 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 operation s 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 th e 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 th e 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 Contra_ctor 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. l 1 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 SUPPLEMENTARY CONDITIONS FORT WORTH, WATER DEPARTMENT WATER AND WASTEWATER TREATMENT PLANT PROJECTS October 1, 2008 1. .CONTRACT DOCUMENTS: In Section Cl-1.2 CONTRACT DOCUMENTS, delete Paragraph Cl-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 Yellow Green Green White White White White White" 2. DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: Delete entire Paragraph C 1-1.17, and replace with the following: Cl-1.17 DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: The officially appointed Director of the Transportation and Public Works Department of the City of Fort Worth, or his duly authorized representative, assistant, or agents. 3. ENGINEER: Delete entire Paragraph Cl-1.19, and replace with the following: The Director of Fort Worth Transportation and Public Works Department, the Director of the Fort Worth Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. 4. PROPOSAL FORM: In Section C2-2.1, Paragraph 1, revise last sentence_ to read as follows: "The Bidder shall furnish a Financial Statement, Equipment Schedule, and Experience Record, all of which must be properly executed and filed with the Director of the Water Department one week prior to the hour for opening of bids. Information shall be on forms provided by the Bidder and acceptable to the City. CS-I 5. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: In Section C2-2.3, Paragraph 2, add the following to the last sentence: "except for changes in the site conditions caused by factors outside of the control of the Contractor which occur after the Contractor's inspection and prior to installation." 6. INTERPRETATION AND PREPARATION OF PROPOSAL: Part C-General Conditions, Section C2-2, exchange Paragraphs C2-2.7, C2-2.8, and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security and other required material, to the Purchasing Manager or his representative at the official location and stated time set forth in the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL" and the name or description of the project designated in the "Notice To Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box 17027, Fort Worth, Texas 76102." C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for the opening of proposals. A request for non consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight ( 48) hours after the proposal opening time, no further consideration will be given to the proposal. 7. MINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Delete entire Paragraph C3-3.2, and replace with the following: C3-3.2 MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR W AIYER FORM, and/or the CS-2 - - GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m, five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three (3) years. 8. C3-3.5 AWARD OF CONTRACT is modified to read as follows: "The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed the period stated for the duration of the Bid Security stated in the Notice to Bidders or 90 days, whichever is shorter." 9. C3-3.7 BONDS. For the Paragraph after Paragraph C3-3.7d OTHER BONDS, which begins with "No sureties", change the entire paragraph to read as follows: "In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. Each bond shall be properly executed by both the Contractor and the Bonding Company." CS-3 10. INSURANCE. Delete entire Paragraph C3-3.l l INSURANCE, and replace with the following:: C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required under the Contract Documents, and such insurance has been approved by the Owner and certificates of Insurance shall be delivered to the Owner (City of Fort Worth, Contract Administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, Texas 76102) prior to commencement of work on the contract project. The prime Contractor shall be responsible for delivering to the Owner the sub- contractor's certificate of insurance for approval. The prime Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. The General Contractor may require all subcontractors to be insured and submit documentation ensuring that the requirements of C3-3.11 are met for all subcontractors. Failure of the Owner to request required documentation, shall not constitute a waiver of the insurance requirements specified herein. The Contractor's liability shall not be limited to the specified amounts of insurance required herein. a. b. C. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Worker's Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. Worker's compensation insurance covering employees in the project site shall be indorsed with a waiver of subrogation providing rights of recovery in favor of the OWNER. COMMERICAL GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, General Liability Insurance (Public Liability and Property Damage Insurance) in the amount not less than $500,000 covering each occurrence/aggregate on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence/aggregate on account of property damage with $2,000,000 umbrella policy coverage. Certificates of insurance shall state that Insurance is on an "occurrence" basis. Certificate shall also contain a statement that no exclusions by endorsement have been made to the Commercial General Liability Policy. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: CS-4 I. 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 .G..f excavation are performed adjacent to same). 4. Damage to underground utilities for $500,000. 5. Builder's risk (where above-ground structures are involved). 6. Contractual Liability ( covers all indemnification requirements of Contract). The City, its offices, employees and servants shall be endorsed as additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's worker's compensation insurance policy. Contractor's insurance policies shall be indorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by the OWNER shall not be called upon to contribute to loss recovery. 7. When required by the Contract Documents, Environmental Impairment Liability Coverage must be provided in the limits of $1,000,000 per occurrence and $2,000,000 annual aggregate. The Environmental Impairment Liability (EIL) must contain coverage for sudden and accidental contamination or pollution, liability for gradual emissions, and clean-up costs. The EIL coverage shall include two year completed operations coverage on a per Project basis. A separate insurance policy may be needed to fulfill this requirement. EIL for damages incurred in the course of transporting sludge shall be covered under the contractor's insurance policy(s). d. AUTOMOBILE INSURANCE -BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain during the life of this Contract, Comprehensive Automobile Liability Insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 aggregate on account of one accident, and automobile property damage insurance in an amount not less than $100,000 aggregate. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage CS-5 - 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 minimum 10 day notice shall be acceptable in the event of non-payment of insurance premium to insurance company. CITY RESPONSIBILITIES. The City shall not be responsible for direct payment of insurance premium costs for Contractor's Insurance. 11 C3-3.13 WAGE RATES: Delete Paragraph C3-3-13 WEEKLY PAYROLLS in its entirety and replace with C3-3-13 WAGE RA TES as shown below: "The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. . CS-6 The Contractor, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) that name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; (ii) the actual per diem wages paid to each worker. These records shall be open, all reasonable hours, for inspection by the City. The provisions of Section C8-8- 14, RIGHT TO AUDIT, pertain to this inspection. The Contractor shall include in its subcontract's and/or shall otherwise require all of its subcontractors to comply with paragraphs above. With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times." 12. INCREASED OR DECREASED QUANTITIES: Revise Paragraph C4-4.3 to read as follows: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices established in the contract documents. No allowance will be made for any changes in lost or anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but not to the various depth categories. 13. LIMITATION OF INCIDENTAL GIARGES (Reference C4-4.5c): The Contractor agrees that should any change in the work of extra work be ordered, the following applicable percentage shall be added to Material and Labor Costs to cover overhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed 15%. 2. Allowance to the Contractor for overhead and profit for extra work performed by a subcontractor and supervised by the Contractor shall not exceed 10%. Contractor shall be reimbursed for direct field overhead when the change requires an extension of the Contract period. Contractor shall not be reimbursed for indirect overhead or indirect costs related to changes to this contract. CS-7 14. TESTING COSTS: Paragraph 5-5.12, 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." 15. LAWS TO BE OBSERVED: Paragraph C6-6.1, delete "or which may be enacted later". After the word "exist," add "at the time of the Contract or may be hereafter exist during the performance of the Contract. 11 16. 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." 17. BARRICADES, WARNINGS AND FLAGMEN: In Paragraph C6-6.8, replace the word "watchmen" wherever in appears with the word "flagmen". In the first paragraph, lines five (5) and six (6), replace "take all such other precautionary measures" with "take all reasonable necessary measures". 18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Delete entire Paragraph C6-6.12, and replace with the following: "C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to indemnify the City' Engineer and Architect, and their personnel at the project site for the Contractor's sole negligence. In addition, the Contractor covenants and agrees to indemnify, hold harmless and defend at its own expense, the Owner, its officers, agents, servants, and employees, from and against all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise of, the work and services to be performed hereunder by the Contractor, its officers, agents, employees subcontractors, licensees or invitees, whether or not any such iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence o(the Owner, its officers, agents, servants, or employees. Contractor likewise covenants and agrees to indemnify and hol_d 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 CS-8 In the event the Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until the Contractor either (a) submits to the Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides the Owner with a letter from the Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract." 19. STATE SALES TAX: A. Delete Paragraph C6-6.21 STATE SALES TAX in its entirety . B. This contract is issued by an organization, which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise, and Use Tax Act. All equipment and materials not consumed by or incorporated into the project construction are subject to State Sales Tax under House Bill 11, enacted August 15, 1991. All such taxes shall be included in the various amounts on the Proposal Form. The successful Bidder shall be required to submit a breakdown between costs of labor, consumable material and other construction costs and costs of material incorporated into the project construction prior to execution of this contract. B. At the time of execution of the Contract Documents by the Contractor, the Contractor shall complete the "Statement of Materials and Other Charges" which identifies the project costs anticipated in the Project into "Materials Incorporated into the Project" and "All Other Charges". The Contract shall be a "Separated Contract". C. The City of Fort Worth will issue appropriate Certificates of Resale to the Contractor. D. All Change Orders to the Contract will separate charges for materials and labor and will contain the following statement: "For purposes of complying with Texas Tax Code, the Contractor agrees that the charges for material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor." 20 AIR POLLUTION WATCH DAYS: Add the following to Section C7-7: C7-7.18 AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. -10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME CS-9 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 burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. -6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. 21. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4 SCOPE OF PAYMENT in its entirety and replace with the following: "The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, ( except as provided in paragraph CS-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the -strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole CS-10 judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein." 22. PARTIAL PAYMENTS: Change Paragraph C8-8.5 to read as follows: "Partial pay estimates shall be submitted by the Contractor 5th day and the 20th day of the month that work has been is in progress. The estimate shall be processed by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net invoice value thereof. The Contractor will furnish the engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000.00 at the execution, retainage shall be ten percent (10%). For contracts of $400,000.00 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with subcontract agreement, within five (5) business days after receipt by the Contractor of the payment by the City. Contractor's failure to make the required payment to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of the same will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate. Payment of any partial pay estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract." 23. GENERAL GUARANTY. Delete Paragraph C8-8.10 GENERAL GUARANTY in its entirety and replace with the following: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of the work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or CS-11 damages in the work and pay for any damage to the other work resulting therefrom which shall appear within a period of two (2) years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specification, it being the City 's intent that the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. 24. RIGHT TO AUDIT: Add the following to Section C8-8 : C8-8.14 RIGHT TO AUDIT : "(a) The Contractor agrees that the City shall , until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents , papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section . The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents , papers , and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c) hereof. The City shall give subcontractor reasonable advance notice of intended audits. ( c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse contractor for the cost of the copies as follows: 1. 50 Copies and Under -10 cents per page. 2. More than 50 copies -85 cents for the first page plus fifteen cents for-each page thereafter." (5/25/93) CS-12 25. SCHEDULE OF COSTS: Add the following to Section C8-8: C8-8.15 SCHEDULE OF COSTS: Following the completion of all work on the Project and prior to submittal of a request for final payment, the Contractor shall provide a Schedule of Costs to City for approval which lists all equipment systems, structures, building electrical and HVAC systems, overhead and project related costs. The items will be grouped into categories using the Owner's list of category codes which will be provided by the Owner at the Preconstruction Conference. The Schedule of Costs will be used by the City as input to the Capital Assets System, and will not be considered in preparation of modifications to the Contract. Costs associated with the preparation and processing of this schedule of costs shall be subsidiary to the price bid. The Contractor will also provide a projected payment schedule tied to the project schedule and the schedule of values which projects the monthly payments through the end of the Project. The Payment schedule must be submitted along with the first request for payment. This information is necessary to arrange financing of the Project by the City . END OF SECTION CS-13 PART "D" 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 I, 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 details 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: Water Project Number _____ _ Sewer Project Number , and/or Other 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 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 DEW ATERING: 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-9 CROSSING OF EXISTING UTILITIES: Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line and/or a proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel, the sanitary sewer or sanitary sewer service line shall be made water tight or be constructed of ductile iron pipe. The required length of replacement shall be determined by the Engineer. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping as specified in Material Standard E 1-6 contained in the General Contract Documents. The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping as specified in the General Contract Documents. Adaptor fittings shall be a urethane or neoprene coupling A.S.T.M. C.-425 with series 300 Stainless Steel compression straps. Payment for work such as backfill, fittings, tie-ins and all other associated appurtenances required, shall be included in the linear foot price of appropriate bid item. 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 sµch 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, Claselflcatlons Hou Rates ·--- AJr Conditionina Mechanic $17.55 Air Conditioning Mechanic Helcer $10.74 Acoustic CeHing Installer $14.26 Acoustic Celling Installer Heloer $10.53 Bricklaver/stone Mason $19.29 .... : ___ er/Stone Mason Heloer $13.07 Csroenter $15.76 Caroenter Helcer $11.69 Concrete Finisher $14.29 Concrete Finisher Helcer $10.09 Conaete Form Builder $12.16 Conaete Form Builder Helper $8.81 Orvwall Tacer $13.25 DrywaU Taper Helper $8.00 Elecb'ician Joumevman $19.79 Electrician Heloer $12.95 Electronic Technician $20.06 Electronic Technician Helcer $12.27 Floor Laver CCaroet) $15.17 F100r Layer (Resilient) $15.94 Floor Laver HelDer $11.00 Glazier $14.35 Glazier Heloer $10.32 Insulator (Picel $15.05 Insulator Heloer (Picel $10.12 Laborer Common $9.21 Laborer Skilled $11.59 Lather $15.94 Lather Helcer $11.12 Metal Building Assembler $14.29 Metal Building Assembler Helcer $9.33 Painter $12.86 Painter Helcer $8.66 Pioefltter $18.22 Pioemter Heloer $12.90 Plasterer $16.16 Plasterer Helcer $9.98 Reinforcing Steel Setter $13.00 Roofer $15.33 Roofer Heloer $10.24 Sheet Metal Worker $15.73 Sheet Metal Worker Heloer $10.53 Source is Fort Worth Chapter Associated General Contractors (www.Quoln.org) 12/19/2008 ClaHlflcatfona Hou Rates ---- Sheetrock Hanger $13.37 Sheetrock Hanaer HelDer $9.48 Sorinkler Svstem Installer $17.86 Sorinkler System Installer Helper $13.33 Steel Worker Structural $16.20 Steel Worker Structural Heloer $11.71 Welder $15.88 Welder Helcer $11.25 Ho Rates $16.07 $12.62 $17.55 $13.27 $12.66 - - - - - - - - - - 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-11 EXPLORATORY EXCAVATIONS: In addition to those areas as may be designated on the Drawings, it shall be the Contractor's responsibility to excavate and locate existing utilities which may affect construction of the water and/or sewer facilities. All exploratory excavations shall occur far enough in advance to permit any necessary relocation to be made with minimum delay. All costs incurred by the Contractor in making exploratory excavations shall be considered to be included in the unit price bid for constructing of water/sewer line or the associated structures. D-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-14 CONCRETE DRAINAGE CHANNEL/ CURB AND GUTTER REPLACEMENT: At locations in the project where mains are required to be placed under the existing drainage channel, the channel shall be completely replaced for the full existing width with 3000# concrete and reinforcing steel on a sand cushion as shown on the plan detail. At locations where the mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter and shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction, Item 502 . Payment for cutting, backfill, concrete, forming materials and all other associated appurtenants required, shall be included in the bid price. D-15 CRUSHED LIMESTONE BACKFILL: Where specified on the plans or directed by the Engineer, crushed limestone shall be used for trench backfill on this project. The material shall be conform to the Transportation and Public Works Standard Specifications for Street and Storm drain Construction Division 2, Item 208.2 Materials and Division 2 Item 208.3 Material Sources. Trench Backfill and compaction shall meet the requirements of E2-2 Excavation and Backfill of the General Contract Documents. Payment for crushed limestone backfill in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used measured in accordance with E2- 2.16 Measurement of Backfill Materials of the General Contract Documents and Specifications. D-16 2:27 CONCRETE: Transportation and Public Works Department typical Sections for Pavement and Trench Repair for Utility Cuts Figures 1 through 5 refer to using 2 :27 Concrete as base repair. Since this call-out includes the word "concrete", the consistent interpretation of the Transportation Public Works Department is that this ratio specifies two (2) sacks of - - - - - cement per cubic yard of concrete. With the exception of the cement content, all other requirements shall meet or exceed Transportation and Public Works Department Standard Specification Item 406 Class D Concrete. D-17 PAVEMENT REPAIR: The unit price bid under the appropriate bid item in the proposal shall cover all the cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement as detailed in the Public Works Department typical pavement sections for Pavement and Trench Repair for Utility Cuts, Figures 1 through 5. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All resident's driveways shall be accessible at night and over weekends. It has been determined by the Transportation and Public Works Department that the strip of existing HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width . Therefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve ( 12) inches outside the trench wall nearest the center of the street to the gutter line. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible date. A permit must be obtained from the Department of Engineering's Permit Desk by the Contractor in conformation with Ordinance No. 3449 and/or Ordinance No. 792 to make utility cut in the street. City Inspectors will inspect the paving repair after construction of each water and/or sanitary sewer main replacement. D-18 PAVEMENT REPAIR IN PARKING AREA: The contract cost shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with crushed limestone base material, compacted and level - - - - - - - - - f - - - - - - - with the finished adjacent surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. 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-20 SANITARY SEWER MANHOLES: The installation, replacement, and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections El-14 Materials for Sanitary Sewer Manholes, Valve Vaults, Etc., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. 1. Concrete Collars: Concrete collars when indicated on the plans will be required as per Fig. 121. 2. Watertight Manhole Inserts: Watertight gasketed manhole inserts shall be installed in sanitary sewer manholes when indicated on the plans. Inserts shall be constructed in accordance with Fort Worth Water Department Standard EI00-4 and shall be fitted and installed according to the manufacturer's recommendations. 3. Lift-Holes: All lift holes shall be plugged with a precast concrete plug. The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4. Final Rim Elevations: A. Manhole rims in parkways, lawns, alleys, and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regraded near the manhole. B. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade. 5. Manhole Covers: All lids shall have pick slots in lieu of pick holes. Manhole frames and covers shall be McKinley, Type N, with indented top design, or equal, with pick slots. Covers shall be flush with the rim of the frame and shall have no larger than 1/8- - - - - - - - - - - - - inch gap between the frame and cover. Bearing surfaces shall be machine finished. Locking manhole lids and frames will be restricted to locations within the 100 year flood plain and areas specifically designated on the plans. Certaninteed Ductile Iron Manhole Lids and Frames are acceptable for use where Locking lids are specified. 6. Shallow Manholes: Shallow manhole construction will be used when manhole depth is four (4) feet or less. All shallow manholes shall be built in accordance with Fig. 106 or per Fig. 103 but with a flat slab top (no cones sections will be allowed). All shallow manholes shall have a 24" x 40" cast iron lid and frame with pick slots . NOTE: MANHOLES PER FIG. 105 WILL NOT BE ALLOWED. 7. Manhole Steps: No Manhole steps are to be installed on any Sanitary Sewer Manhole. 8. Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy paint, Koppers "Bitumastic Super Service Black", Tnemec, "46-450 Heavy Tnemecol", or equal to a minimum of 14 mils dry film thickness. 9. Manhole Joint Sealing: A. General: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type performed 0-ring rubber gasket shall require bitumastic joint sealant as per attached Figure M. B. Materials: This sealant shall be performed and trowelable bitumastic as manufactured by Kent-Seal, Ram-Nek, E-Z Stick or equal. The joint sealer shall be supplied in either extruded rope-form of suitable cross-sectional area or flat-tape form and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other chemical action for either its adhesive properties or cohesive strength. The joint sealer shall remain totally flexible without shrinking, hardening, or oxidizing regardless of the length of time it is exposed to the elements. The manufacturer shall furnish an affidavit attesting to the successful use of the product as a preformed flexible joint sealant on concrete pipe and manhole sections for a period of at least five years. C. Installation of Joint Sealant: Each grade adjustment ring and manhole frame shall be sealed with the above specified materials. All surfaces to be in contact with the joint sealant shall be thoroughly clean of dirt, sand, mud or other foreign matter. A primer shall be applied to all surfaces prior to installing the joint sealant in accordance with the recommendations by the manufacturer. The protective wrapper shall remain on the joint sealant until immediately prior to placement of the pipe in the trench. After removal of the protective wrapper, the joint sealant shall be kept clean. Install frames and cover over manhole opening with the bottom of the rings resting on bitumastic joint sealer. Frames and grade rings shall rest on two (2) rows (inside and outside) of bitumastic joint sealer. - 10: Sealing and/or Adjusting Existing Manholes: Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly vertical. A. Remove manhole frame from the manhole strUcture and observe the condition of the frame and grade rings. Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. Grade rings that are constructed of bri~ block, or materials other than precast concrete shall be replaced with precast concrete rings, or where necessary and approved by the Engineer, a precast flattop section. Precast concrete rings, or precast concrete flattop section will be the only adjustments allowed. B. In brick or block manholes replace the upper portion of the manhole to a point 24 inches below the frame. If the walls or cone section below this level are structurally unsound, notify the Engineer prior to replacement of the grade rings and manhole frame. Existing brickwork, if damaged by the Contractor, shall be replaced at the Contractor's expense. C. Wire brush manhole frame and exposed manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed with an application of a quick setting hydraulic cement to provide a smooth working surface. D. If the inside diameter of the manhole is too large to safely support new adjustment rings or frame, a flattop section shall be installed. E. Joint surfaces between the frame, adjustment rings, and cone section shall be :free of dirt, stones, debris, and voids to ellSW'C a watertight seal. Place a flexible gasket joint material in two concentric rings along the inside and outside edge of each joint, or use trowelable material in lieu of prefonned gasket material. Position the butt joint for each length of joint material on opposite sides of the manhole. No steel shims, wood, stones, or any material not specifically ac~ by the Engineer may be used to obtain final surface elevation of the manhole frame. F. In paved areas or future paved areas, castings-shall be installed by using a straight edge not less than ten (10) feet long so that the top of casting will confonn to the slope and finish elevation of the paved surface. The top of the casting shall be 1/8 inch below the finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. 0. All exposed exterior surfaces shall be coated with two mop coats of coal tar epoxy paint, Koppers "Bitumastic Super Service Black", Tnemec, "46-450 Heavy Tnemecol", or equal to a minimum of 14 mils dry film thickness .. - - - - - - - - - 11. Measurement and Payment: A. The price bid for new/replacement manhole installations shall include all labor, equipment, and materials necessary for construction of the manhole including but not limited to joint sealing, lift hole sealing and exterior surface coating. B. The price bid for adjusting and/or sealing of existing manholes shall include all labor, equipment, and materials necessary for adjusting and/or sealing the manhole including but not limited to joint sealing, lifthole sealing and exterior surface coating. C. Payment for concrete collars and watertight manhole inserts, if required, will be made separately, based on the appropriate bid items. D. D-23 REMOVAL, SALVAGE AND ABANDONMENT OF EXISTING FACILITIES: Any removal, salvaging and/or abandonment of existing facilities will necessarily be required as shown on the plans, and/or described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section E2-1.5 Salvaging of Material and E2-27 Removing Pipe, of the General Contract Documents and Specifications unless amended or superseded by requirements of this Special Condition. 1. SALVAGING OR EXISTING WATER METER AND METER BOX. Existing water meter and meter box shall be removed and returned to the Water Department Warehouse by the contractor in accordance with Section E2-l .5 Salvaging of Materials. Backfill material for the void meter box shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding surface and grade. If water main is to remain active, the contractor will be required to plug service line at the main. 2. SALVAGING OF EXISTING WATER METER AND CONCRETE VAULT LID. Existing water meter and concrete vault lid shall be removed and returned to the Water Department Warehouse by the contractor in accordance with Section E2-1.5 Salvaging of Materials. The void shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding surface and grade. 3. SALVAGE OFF EXISTING FIRE HYDRANTS. Existing fire hydrants shall be removed and returned to the Water Department Warehouse by the contractor in accordance with Section E2-l .5 Salvaging of Materials. The void shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding surface and grade. - - - - 4. SALVAGE OF EXISTING GATE VAL VE. Existing gate valve and valve box and lid shall be removed and returned to the Water Department Warehouse by the contractor in accordance with Section E2-1.5 Salvaging of Materials. The void area caused by the valve removal shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding surface and grade. If the valve is in a concrete vault, the vault shall be demolished in place, to a point no less than 18 inches below the final grade. 5. ABANDONMENT OF EXISTING GA TE VALVES. Existing gate valve and box lid shall be abandoned by first closing the valve to fully closed position and demolishing the valve box in place to a point not less than 18 inches below the final grade. Concrete shall then be used as backfill material to match existing grade. 6 . ABANDONMENT OF EXISTING VAULTS. Vaults to be demolished in place shall have the top slab and lid removed and vault walls demolished to a point no less than 18 inches below the final grade. The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding surface and grade. 7. ABANDONMENT OF MANHOLES. Manholes to be demolished in place shall have all pipes entering and exiting the structure plugged with lean concrete. Manhole tops or cone section shall be removed to the top of the full barrel diameter section or to a point no less than 18 inches below the final grade. The structure then shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be either clean washed sand or clean, suitable excavated material approved by the Engineer. Surface restoration shall be compatible with surrounding surface. Payment for work involved in backfilling, plugging of pipe and all other appurtenant required, shall be included in the appropriate bid items. 8. REMOVAL OF MANHOLES. Manholes to be removed shall have all pipes entering or exiting the structure disconnected . The complete manhole, including top or cone section, all full barrel diameter sections and base section shall be removed. The excavation shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be Type C Backfill or Type B Backfill as approved by the Engineer. Surface restoration shall be compatible with surrounding surface. 9. CUTTING AND PLUGGING OF EXISTING MAINS. At various location on this project, it may be required to cut, plug and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines. Cutting and plugging existing mains and/or services shall be considered incidental and all costs incurred will be considered to be included in the linear foot bid price of pipe, unless separate trenching is required. 10. REMOVAL OF EXISTING PIPE. Where removal of existing pipe is required, it shall be the Contractor's responsibility to properly dispose of all removed pipe. All removed valves, fire hydrants, and meter boxes shall be delivered to Water Department Field Operations Storage Yard. 11. PAYMENT. Payment for all work and material involved in salvaging, abandoning and/or removing of existing facilities shall be included in the linear foot bid price of the pipe except as follows: Separate Payment will be made for removal of all Fire Hydrants, Gate Valves 16-inch and larger, and Sanitary Sewer Manholes regardless of location. Payment will be made for salvaging, abandoning and/or removing of all other facilities when said facility is not being replaced in the same trench, i.e. when removal requires a separate trenching operation. D-24 VAL VE BLOCKING: All valves shall have concrete blocking for support. Valves shall have polyethylene wrapping per Material Specification E 1-13 and Construction Specification E2-l 3 installed prior to concrete blocking. No separate payment will be made for any of the work involved for this item and all costs incurred will be considered to be included in the bid price of the valve. D-25 DUCTILE IRON PIPE AND ORA Y-IRON FITTINGS: Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, Fittings, and Specials, Sub Section E2-7 .11 Cast Iron Fittings: the first Paragraph shall be revised to read as follows: "E2-7. l l DUCTILE-IRON AND ORA Y-IRON FITTINGS: All ductile-iron and gray- iron fittings shall be furnished with cement mortar lining as stated in Section E 1-7. The price bid per ton of fittings shall be payment in full for all fittings, joint accessories, polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle necessary for construction as designed. All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E 1-13 and Construction Specification E2-l 3. Wrapping shall precede horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle. Payment for the polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle shall be included in bid items for valves and fittings and no other payment will be allowed." D-26 DETECTABLE WARNING TAPES: Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic water or sanitary sewer pipe. The detectable tape shall be "Detect Tape" manufactured by Allen Systems Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils. and the width shall not be less than 2" inches with a minimum unit weight of 2-1/2 pounds/1 "/l 000'. The tape shall be color coded and imprinted with the message as follows: Type of UtilityColor Code Water Sewer Safety Blue Safety Green Legends Caution Buried Water Line Below Caution Buried Sewer Line Below Installation of detectable tapes shall be per manufacturer's recommendations and shall be as close to the grade as is practical for optimum protection and detectability. Allow a minimum of 18" inches between the tape and the pipe. Payment for work such as backfill, bedding, blocking, detectable tapes and all other associated appurtenances required shall be included in the subsidiary to the cost of pipe installation. D-30 VAL VE CUT-INS: It may be necessary to cut-in gate valves to isolate the water main from which the extension and/or replacement is to be connected. This may require closing valves in other lines and putting consumers out of service for that period of time necessary to cut in the new valve; the work must be expedited to the utmost and all such cut-ins must be coordinated with the engineer in charge of inspection. All consumers shall be individually advised prior to the shut out and advised of the approximate length of time they may be without service . Payment for work such as backfill , bedding, fittings, blocking and all other associated appurtenances required, shall be included in the price of the appropriate bid items. D-31 CONNECTION OF EXISTING MAINS: The Contractor shall determine the exact location, elevation, configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. Any differences in locations, elevation, configuration, and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction. Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the Engineer, and all efforts shall be made to keep this down time to a minimum. In case of shutting down an existing main, the Contractor shall notify the Engineering Construction Services Manager or Superintendent, Phone 817-871-8306, at least 48-hours prior to the required shut down time. The Contractor's attention is directed to Paragraph C5-5 .15 INTERRUPTION OF SERVICE, Page C5-5(5), PART C -GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify customer, both personally and in writing, as to the location, time, and schedule of the service interruption. The cost of removing any existing concrete blocking shall be included in the cost of connection. Unless bid separately all cost incurred shall be included in the linear foot price for the appropriate pipe size. D-34 EASEMENTS AND PERMITS: Easements and permits, both temporary and permanent, have been secured for this project at this time and made a part thereto. Any easements and/or permits, both temporary and permanent, that have not been obtained by the time of publication shall be secured before construction starts. No work is to be done in areas requiring easements and/or permits until the necessary easements are obtained. The Contractor's attention is directed to the easement description and permit requirements, as contained herein, along with any special conditions that may have been imposed on these easements and permits. Where the pipeline crosses privately owned property, the easements and construction areas are shown on the plans. The easements shall be cleaned up after use and restored to their original conditions or better. In the event additional work room or access is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required . No additional payment will be allowed for this item . D-37 CONCRETE ENCASEMENT: Concrete encasement shall be Class E (1500 psi) concrete and for sewer line encasements shall conform to Fig. 113; for water line encasements it shall conform to Fig . 20 of the General Contract Documents . Requirements for such encasement are specified in Sections E 1-20 and E2-20 of the General Contract Documents . Payment for work such as forming, placing, and finishing including all labor, tools, equipment and material necessary to complete the work shall be included in the linear foot price bid for Concrete Encasement. D-38 CONNECTION TO EXISTING STRUCTURES: All connections between proposed and existing facilities, shall consist of a watertight seal. Concrete used in the connection shall be Class A (3000 psi) concrete and meet the requirements of Section E 1-20 and E2-20 of the General Contract Documents . Prior to concrete placement, a gasket, RAM-Nek or approved equal, shall be installed around penetrating pipe. Payment for such work as connecting to existing facilities including all labor, tools, equipment, and material necessary to complete the work shall be included in the linear price of the appropriate pipe size . D-39 BID ALTERNATIVES: The Proposal section of this documents is arranged to allow the Contractor to base his bid on either ductile iron pipe or polyvinyl chloride plastic pipe . Contractor shall indicate type of pipe to be used. However, regardless of the general type pipe specified by the Contractor at certain locations, a specific type pipe has been specified on the plans. All cost for this shall be considered as subsidiary and no additional compensation will be allowed. 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 Linear Foot price of the pipe. D-47 CONCRETE AND ASSESSORIES: 1. SCOPE: The requirements of this section shall govern for all materials used and for the storage, handling, measuring, proportioning, and mixing or combining such materials in producing concrete for special manholes and incidental pier construction. All other concrete construction shall be governed by the General Contract Document Specifications. All materials shall be in accordance with requirements of ACI 30 I, unless amended or superseded by requirements of following articles or general notes on the Plans. Concrete shall be composed of normal Portland cement or high early strength cement, coarse aggregate, fine aggregate, and water proportioned and mixed as hereinafter provided in these specifications. When not specifically shown on the plans or stated in the Special Contract Documents, all concrete shall be 3000 psi Type II, unless otherwise directed by the Engineer. "Central Plant", or "Transit Mixed" concrete may be permitted, but only with Engineer's approval. 2. TESTING AGENCY: All testing shall be done by an approved testing laboratory selected and paid by the Contractor. Three (3 )cylinder samples should be performed at each 20-yard interval of concrete that is placed. 3. CEMENT (ACI 301 2.1): Only one brand of cement shall be used in any one structure, except by written permission of the Engineer. When such permission is granted and more than one brand is used in one structure, the resulting concrete shall be uniform in color. Portland cement shall meet the requirements of ASTM C 150, Type II with a maximum of 5% tricalcium aluminate for exposure to sewage. All cement shall be sampled and tested in accordance with ASTM CI83, C184, CI87, CI88, C190, and C191 , "Sampling and Testing Portland Cement". 4. WATER (ACI 301 2.3): The water used in all concrete shall be free from objectionable quantities of silt, organic matter, alkali, salts, and other impurities. 5. COARSE AGGREGATE (ACI 301 2.4): Coarse aggregate shall consist of gravel or crushed stone meeting the requirements of ASTM C33. When tested by ASTM Cl3 l procedures, coarse aggregate shall have a percentage of wear of not more than forty ( 40). Coarse aggregate for Class F concrete shall have a minimum of fifty (50%) percent calcium carbonate equivalent. 6. FINE AGGREGATE (ACI 301 2.4): Fine aggregate shall consist of natural sand, manufactured sand, or a combination thereof conforming to ASTM C-33. When tested in accordance with ASTM 40, "Test of Organic Impurities in Sands for Concrete", the fine aggregate shall not show a color darker than the standard color. When the fine aggregate, to be used on the job, is mixed with High Early Strength Portland Cement in the proportion of one to three , the average tensile strength of not less than three standard mortar briquets shall be equal to or greater than the tensile strength of Ottawa sand mortar briquets of the same consistency when tested at the age of three days. 7. ADMIXTURES (ACI 301 2.2): A. General: Unless specified, no admixtures may be used without specific approval of the Engineer. Admixtures containing more than 1 % chloride ions may not be used .. B. Air Entraining Agent: Conform to ASTM C260. Add air entraining agent as indicated in ACI 301, Table 3.4.1. C. Water Reducing Admixtures: Conform to ASTM C494, Type A; Euclid Chemical Co. Eucon WR-75, Master Builders Pozzolith 200N, Protex PDA or approved equal. (At Contractor's option, water reducing admixture may be used to reduce cement content and improve workability.) Use according to manufacturer's recommendations. D. High Range Water Reducing Admixture (Super Plasticizer): Conform to ASTM C494, Type F or Type G; Euclid Chemical Co . Euco n37, Sike Chemical Corp. Sikament or approved equal. 8. STORAGE OF CEMENT (ACI 301 2.5): Unless otherwise provided, all cement shall be stored in well ventilated weatherproof buildings which will protect the cement from dampness. The floor supporting the cement shall clear the ground a sufficient distance to prevent the absorption of moisture by the cement. Provisions for storage shall be ample in capacity, and the shipments shall be segregated in such a manner as to provide easy access for identification and inspection of each shipment. The Engineer may permit small quantities of cement to be stored in the open for a short period of time, (maximum 48 hours) if a raised storage platform and adequate waterproof covering are provided. No cement shall be used which has become lumped, caked or hardened. 9. STORAGE OF AGGREGATES(ACI 301 2.5): The handling and storage of aggregate to be used in making concrete shall be such as to prevent the admixture of foreign materials. If the aggregates are stored on the ground, the site of the stock piles shall be grubbed, cleared of all weeds, grass and other vegetation, and leveled off so that the entire area will be properly drained. The bottom layer of aggregate shall not be disturbed or used. When the contract requires the use of two (2) or more sizes of aggregates, the different sizes shall be stored in such a manner as to prevent intermixing. Materials in stock piles shall be handled and placed in such a manner that segregation of materials within the pile will be avoided, and each pile shall be built up in horizontal layers of not more than three (3) feet in depth . 10. CONSTRUCTION JOINT BONDING (ACI 301 6.1.4 .1): Polyvinyl acetate type bonding compound. Euclid Chemical Co. Euco Weld, Larsen Welacrete or approved equal. Omit 6.1.4.2 and 6.1.4 .3 11. ACCESSORIES FOR FORMS (ACI 301, Chapter 4): A. Cone Ties: 11/16" diameter, I" depth, plastic cone and neoprene waterstop ring with suitable snap tie. B. Chamfer Strips: 3/4" 45 degree job cut wood. 12. STRUCTURAL REPAIR MATERIALS (ACI 301 9.4): With prior approval of the Engineer as to methods and procedures, make structural repairs with Euclid Chemical Co . Euco Epoxy 456, 400, 463 or Sika Chemical Corp . Culma Dur Mortar, Sikadur Hi-Mod L.V. ,or Sikadur Hi-Mod or approved equal. 13 . MIXING OF CONCRETE: A. Central Mixing Plant: A central mixing plant will be allowed provided the method of mixing and handling has first been approved by the Engineer, and concrete produced is in conformity with the specification requirements. Concrete: 1. Hauling Time: Discharge all concrete transmitted in a truck mixer, agitator or other transportation device within 1-1/2 hours after the mixing water has been added. 2. Extra Water: Deliver concrete to the job in exact quantities required by the design mix . Should extra water be required before depositing the concrete, the Engineer shall have sole authority to authorize the addition of water. Any additional water added to the mix after leaving the batch plant shall be indicated on the truck ticket and signed by the person responsible. Where extra water is added to the concrete it shall be mixed thoroughly for 40 revolutions of the drum or 3-1/2 minutes at mixing speed, whichever is greater. B. Transit Mixing: When transit mixing is used, the transit mixer shall be of an approved revolving drum or revolving blade type so constructed as to produce a thoroughly mixed concrete with a uniform distribution of the materials throughout the mass and shall be equipped with a discharge mechanism which will insure the discharging of the mixed concrete without segregation. The mixer drum shall be water-tight when closed and shall be equipped with a locking device which will automatically prevent the discharging of the mixer prior to receiving the required number of revolutions. The entire quantity of mixing water shall be accurately measured and controlled. Each batch shall be mixed to the consistency as described herein. Any additional mixing shall be done at a slower speed specified by the manufacturer for agitation and shall be continuous until the batch is discharged. 14. CONSTRUCTION JOINTS: Construction joints shall be placed as shown on the plans unless otherwise specifically authorized by the Engineer. All construction joint shall be made on horizontal and vertical planes and formed with mortises or keys made in the concrete unless shown otherwise on the plans. A. Construction Joint Bonding (ACI 302 6.1.4.1) Polyvinyl Acetate type bonding compound. Euclid Chemical Co., Euco Weld, Larsen Welacrete or approved equal and applied as recommended. Omit 6.1.4.1 and 6.1.4.3. 15. FORMS: A. FORMWORK(ACI 301, CHAPTER4) I. Earth Cuts (ACI 301 4.1.3): Shall not be used as forms for vertical surfaces unless approved by the Engineer. 2. Chamfer Strips (ACI 301 4.2.4): Install 45 degrees chamfer strips at exposed outside comers. B. FORM REMOVAL (ACI 301 4.5) I. Form Removal: Remove formwork supporting weight of concrete only after notifying Engineer and in a manner to insure safety of the structure. Under normal conditions. Formwork may be removed when concrete is at least 14 days old and has reached 90 percent of specified strength. When temperature is below 45 degrees F, leave formwork in place an additional period of the equaling time structure was exposed to lower temperature. No live load permitted on new construction after form removal until concrete is at least 28 days old and has reached full specified strength. 2. Form Facing Material Removal: Form facing material which is removable without disturbing shores may be removed when concrete is at least 7 days old. Facing may be removed earlier if specifically approved by the Engineer and acceptable curmg compound is applied to all surfaces immediately after form removal. C. RESHORING (ACI 301 4.6) Reshoring permitted only after prior review by Engineer. D. FORM REUSE Clean all form material suitable for reuse before erection. No form material will be acceptable for reuse if, in the opinion of the Engineer it will not produce a finished surface required by these Specifications or called for on the drawings. 16. PLACING CONCRETE (ACI 301): On vertical formwork, use approved bar chairs or spacer as required to maintain proper concrete cover and bar position. 17. REPAIR OF SURFACE DEFECTS (ACI 309 9.1): Allow Engineer to inspect concrete surfaces immediately upon removal of forms. Modify or replace concrete not conforming to required lines, detail and elevations. Repair or replace concrete not properly placed resulting in excessive honeycombing and other defects. Do not patch, repair or replace exposed architectural finished concrete except upon express directions of Engineer. Patching of tie holes and defects is required. 18. FORMED SURFACE FINISHED (ACI 301 10.4): Formed surface finished per ACI 301 10.4. 19. CURING (ACI 301 12.1): A. Impervious Coating: Applied specified curing compounds immediately after final finishing of slabs. Apply in quantities recommended by the manufacturer. B. Wet Covering: Curing shall be continued for at least four curing days after the concrete is placed. 20. MISCELLANEOUS FINISH REQUIREMENTS: All other concrete finish work not indicated on the plans shall be provided herein, even though not specifically mentioned, as follows: 1. Finishing Exposed Surfaces: All tie wires shall be cut below surface then pointed over. All imperfections such as fins shall be removed and local surface depressions pointed over. 21. PAYMENT FOR CONCRETE: The concrete quantities for the various structures will be paid for at the lump sum for the construction of the special manhole and piers. Price will be full compensation for furnishing, hauling, and mixing all concrete materials; placing, curing and finishing all concrete; all grouting and pointing; cost of concrete mix - design except as provided in Special Contract Documents; furnishing and placing metal flashing strips; and for all forms and formwork, labor, tools, equipment, and incidentals necessary to complete the work. D-48 TEMPORARY PAVEMENT REPAIR: The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of I -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: I. 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-57 HYDRO MULCH SEEDING AND SODDING: - Any sodding or hydro mulching required will be done in accordance with Fort Worth Public Works Department Standard Specifications item 118 and 120. If in the opinion of the Engineer, additional seeding and/or sodding is required due to the Contractor's construction, this will be seeded and sodded at the expense of the Contractor. Payment for work and all associated appurtenants required, shall be included in the appropriate bid item(s). D-65 TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor shall execute this work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Barricades, warning and detour signs shall conform to be the Standard Specifications for street and storm drain construction, "Barriers and Warning and/or Detour Signs", Item 524, and/or as directed by Engineer. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by 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 the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements or met. When construction work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. D-70 TRENCH BACKFILL (UTIL. CUT): The Water Department shall place the pipe embedment and backfill with washed rock per the following specification. Washed Rock: All washed rock used for embedment or as otherwise directed by the engineer shall be washed gravel or washed crushed stone or washed crushed gravel and shall meet the following gradation and abrasion: Sieve Percent Sieve Size Retained Size 1-1/2" 0-2 3/8" l" 7-55 #4 %" 23-100 Los Angeles abrasion test: 50% Maximum wear per ASTM. D-79 CURB ON CONCRETE PAVEMENT: Percent Retained 85-100 95-100 Standard Specification Item 502 shall apply except as herein modified. INTEGRAL CURB: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty (30) minutes after the concrete in the slab. SUPERIMPOSED CURB: Concrete shall have a minimum compressive strength of three thousand (3,000) pounds per square inch at twenty-eight (28) days. The quantity of mixing water shall not exceed seven (7) U.S. gallons per sack (94 lbs.) of Portland Cement. The slump of the concrete shall not exceed three (3) inches. A minimum cement content of five (5) sacks of cement per cubic yard of concrete is required. PAYMENT: Payment shall be made for cutting and replacing curbs and gutters required in this Project under the appropriate bid item and shall be in compliance with Public Works Department standard requirement Item 502. D-80 ADJUST WATER VALVE BOX, MANHOLES, AND VAULTS (UTIL. CUT}: Contractor will be responsible for adjusting water valve boxes, manholes and vaults to match new pavement grade. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 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 amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services 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 writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor 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 rep01iing 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. pnor 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 th€ 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-89 TRENCH EXCAVATION, BACKFILL AND COMPACTION: Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within easements, and within existing or future R.O.W. shall be in accordance with Sections El-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein. I. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and Backfill, if the stated maximum trench widths are exceeded, either through accident or otherwise, and if the Engineer determines that the design loading of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be confined to the width of permanent rights-of-way, permanent easements, and any temporary construction easements. All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. 2. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See El-2.3, Type "C" or "D" Backfill, and E2-2. l 1 Trench Backfill for additional requirements. When Type "C" back- fill material is not suitable, at the direction of the Engineer, Type "B" backfill material shall be used. In general, all backfill material for trenches in existing paved streets shall be in accordance with Figure A. Sand material specified in Figure A shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces, lumps of clay, soil, loam or vegetable matter and shall meet the following gradation: Size Sieve #4 #16 % Retained 0-5 0-20 (P.I. = 8 or less) Size Sieve #50 #100 #200 % Retained 0-50 60-95 90-100 3. TRENCH COMPACTION: All trench backfill shall be placed in lifts per E2-2.9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of90% Standard Proctor Density (A.S.T.M. D698) by means ohamping only. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by jetting, mechanical tamping, or a combination of methods. Backfill material to be mechanically tamped must be within +-4% of its optimum moisture content. The top two (2) feet of sewer line trenches and the top eighteen (18) inches of water line may be rolled in with heavy equipment tires, provided it is placed in lifts appropriate to the material being used and the operation can be performed without damage to the installed pipe. The Contractor shall obtain the services of an independent testing laboratory to perform trench compaction tests per A.S.T.M. standards on all trench backfill . Any retesting required as a result of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City. These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City. 4. MEASUREMENT AND PAYMENT: All material, including any and all Type "B" backfill, and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe . All costs involved in performing the trench compaction tests made by independent laboratories shall be subsidiary to the cost of the contract. 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: ***List the required submittals here*** Additional shop drawing requirements are described in some of the material specifications. 3. Address for Submittals -The submittals shall be addressed to the Chief Design Engineer: D-101 TESTING: David R. Townsend, P.E. Fort Worth Water Department Engineering Division P.O. Box 870 Fort Worth, TX 76101 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).lt 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, defmes various persons who may be designated as the Engineer. For the prosecution of this contract, the Tenn 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 tenninated by the City without obligation to the Contractor, in whole or from time to time in part, whenever such tennination is detennined by the City to be in the best interests of the City. Tennination may be effected by delivering to the Contractor or his designated representative a notice of tennination, specifying to what extent perfonnance of the work under the contract is being terminated and the effective date of tennination. After receipt of notice of tennination 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 perfonnance of the Work tenninated by the Notice ofTennination. D-109. HAZARDOUS AND TOXIC MATERIALS: Insofar as pennitted by law, the Owner shall indemnify and hold hannless 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 spoiVfill 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 spoiVfill material at a site without a fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of Transportation and Public Works, the contractor shall remove the spoiVfill 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 provisions 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 agail)St 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 . l 2, 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 ~ 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. · 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 ORA WINGS 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 . - PART "E" TECHNICAL SPECIFICATIONS PART 3 -TECHNICAL SPECIFICATIONS UNIT I -BOAT RAMP REPLACEMENT 1. Concrete Design Mix to be 4000 psi with 7% entrained air and 1.5 pounds per cubic yard of Propex Concrete System's Fibermesh 650 synthetic fibers (or approved equal). 2. Sub-Grade to be compacted to 90% standard density. If necessary due to unstable existing conditions, it will be required to provide a stabilized sub-grade using cement stabilized base ( i.e. two sack concrete mix ). 3. Rebar to be Fiberglass Reinforced Polymer type product. All spliced joints to have minimum overlap of 40 X bar diameter. All bends to be factory bends. Minimum concrete coverage of 3 inches. 4. The Cofferdam System to be supplied / installed by the Portadam, Inc. ( or equal) per their Business Policy requirements (which includes limited duties / requirements on the part of the General Contactor associated with the installation and maintenance of this temporary construction dam). UNIT II -MARKER BUOY/ FLOAT LINE REPLACEMENT 1. All new Buoys, Floats, Fittings, Cable to be Rolyan Manufactured Products (or equal) 2. The two new line-end anchorage support structures to be primed with Tnemec Series 91-H20 Hydro-Zinc and painted with second coat of Tnemec Series 66 Hi-Build Epoxoline and a third coat of Tnemec Series 74 Endura- Shield white epoxy paint ( or equal) UNIT III -REMOVAL OF BRUSH AND TREES AT THE DAM 1. Contactor to take considerable care to not damage/ rut the existing sodded grass surface at the Lake Worth Dam. All damage(s) to be repaired by the placement of new bermuda grass turf as directed by the Engineer. 2. Contactor to use the existing access roads at the Dam Area for all necessary equipment needed for this work task unit with the exception of Item four ( 4) which will allow the Contractor to use the natural ground surface southwest of the actual Dam's Toe of Slope. PART "F" BONDS AND INSURANCE i PERF_ORMANCE BOND THE STATE OF TEXAS § Bond No . 4374880 COUNTY OF TARRANT § K.NOW ALL MEN BY THESE PRESENTS: That we c1 J.:ehne Construction, Inc. ____ , a (2) Corporation of Aust in Texas hereinafter called Principal, and (3) Sure Tee Insurance Compa~n-Y--~ a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: Three Hundred Fifty Nine Thousand Seven ~~ndred Thirty Two and No/1 OO's ($3 59 ,732.00 ) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 2nd day of June , A.D. 2009 , a copy of which is hereto attached and made a part hereof, for the construction of: Lake Worth Restoration and Maintenance designated as Project No,(s) WTR-2009-560001 which , a copy of contract is hereby attached, referred to, and made a part hereof as fu1ly and to the same extent as if copied at length herein, such project and construction b eing hereinafter referred to as the "work". NOW THEREFORE, if the Principal shall well, truly, and faithfully p_erform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and he shall satisfy all claims and demands incurred under the contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. F-1 ' PROVIDED FURTHER. that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in six counterparts each one of which shall be deemed an original, this the _?net__ day of June , A.D., 2009 Lehne Construction, Inc. ATTEST: (4) 12400 H (SE AL) Austin, TX 78738 (Address) SureTec Insurance Company ATTEST: -/--.., · .. ..... (Surety) Secretary (SE AL) (Attorney-in-fact) (5) John W. Schuler -:.._ .... -:, ·-....... ____ ... -·-'"' 1405 E Riverside Dr, Austin , TX 787 41 (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual, as the case may be (3) Correct name of Surety ( 4) If Contractor is Partnership, all Partners should execute Bond (5) A True copy of Power of Attorney shall be attached to Bond by Attorney-in-fact F-2 ............ _ .. .. ::-- .. 1 1 11111,,,,, ,1 "I > ,,., ''-). ' ' ",,. \ ······· ·· ... ~ ... ,·· ·.' <') r PAYMENT BOND Bond No. 4374880 THE ST A TE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESES PRESENTS: That we , (1) Lehne Constructio n, Inc a (2) Corporation of Travis County, Texas hereinafter called Principal and (3) Sure Tee Insurance Compaoy , a corporation organized anct existing under the laws of the State Texas and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto al! persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred tO in the penal SUffi Of Three ~ndred Fifty Nine Thousand Sev en Hundred Thirty Two and No/.100 's __ Dollars ($ 359,732.00 ) in lawful money of the United States to be paid in Fort Wo1th, Tarrant County, Texas, for the payment of which sum we11 and truly be made, we bind ourselves , our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such th at w herea s, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 2nd day of_J_u_n.;...;e;..._ ___ _ 20 09 , a copy of which is hereto attached and made a part hereof, for the considerati on of: Lake Worth Restoration and Maintenance designated as Project Number WTR-2009-560001 , a copy of which contract is hereto attached, referred to , and made a part hereof as fully and to the same extent as if copied at _ length herein, such project and construction being hereinafter referred to a s the "work". NOW THEREFORE, the condition of this obligation is s uch that, if the Principal shall promptly make payment to al l claimants as defined in Chapter 2253 , Texas Government Code, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obl igation shall be null and void, otherwise it shall remain in full force and effect. THIS BOND IS MADE AN D ENTERED into solel y for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Chapter 2253, and all such claimants shall have a direct right of action under the bond as provided in Chapter 2253 , Texas Government Code . PROVIDE FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant Cotmty, Texas, State of Texas , and that the said Surety, for val ue recei ved, hereby st ipulates and agrees that no change extension of time , alteration or addition to the terms of the contract or to the work be performed thereunder or the spec ification accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time , alteration or addition to the terms of the contract or to the work or the s pecifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six counterparts, each one of which shall be deemed an original, this 2nd day of June , 20~ (SEAL) ATTEST: (Surety) Secretary Witness~ Surety 1405 E Riverside Dr, Austin , TX 7?]_41 Address Lehne Construction , Inc. Principal BY: (Printed Name/Title) 12400 Hwy 71 W #350 -118 Address Austin ,_I?<_7_8_7_3_8 ___ _ City/State/Zip SureTec Insurance Company (Surety) ~ ----.... _ ... : -=-- BY : ~~::-./ ---- Attory-inYact~er' -,.-,--- 9737 Great Hills Trail. Ste. 320 -;._~ ·._. :: . Address --,"' ::::-------·· Austin, TX 78 75 9 --::::_~=~-~-:---· City/State/Zip Note : Date of bond must no t be before the due of award of cont rac t (I) Co rre ct mune or Contracto r (2) A corpo ration, partn ership , or iJ,d ividu al as the ca.~e may be (3 ) Correct nam e of Su rety (4) 1 f Co nrractor is a partn ersh ip, the Contrn cl mu st be executed by the managing or gene ra l pan ner of the part nershi p ii THE STA TE OF TEXAS COUNTY OF TARRANT MAINTENANCE BOND § § Bond No. 4374880 KNOW ALL MEN BY THESE PRESENTS: That we (1) Lehne Construction, Inc. as Principal, acting herein by and through (2)Lehne Construction, Inc. its duly authorized Corporation and (3) SureTec Insurance Company a corporation organized and existing under the laws of the State of Texas , as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort Worth, in Tarrant County, Texas, the sum of: Three Hundred Fifty Nine Thousand Seven Hundred Thirty Two and No 100's Dollars ($359,732.00 ), lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves, their heirs, executors, administrators, and assigns and successors, jointly and severally. This obligation is conditioned, however; that, WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth, the Owner, dated June 2, 2009 for the performance of the following described public work and the construction of the following described public improvements: Lake Worth Restoration and Maintenance all of the same being referred to herein and in said contract as the Work and being designated as Project No.(s)_W_T_R_-2_0_0_9 _-5_6_0_0 _01 ____________ _ and said contract, including all of the specifications, conditions and written instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof, the same as if set out verbatim herein; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct tlie work that it will remain in good repair and condition for and during the period Two (2) Years after the date of the final acceptance of the work by the City; and, WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two (2) Years · and --~·-' , WHEREAS, sad 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 ofthe Water Department of the City of Fort Worth, it is necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need thereof to repair or reconstruct said work as herein provided. NOW THEREFORE, if said Contractor shall keep its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said F-5 contract, these presents shall be nulJ and void, and have no force or effect. Otherwise, this Bond shall remain in full force and effect, and said City shall have and recover from the said Contractor and its surety damages in the premises as prescribed by said contract. This obligation shall be continuing one and successive reco veries may be had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS, all parties covenant and agree that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas; and, IN WITNESS WHEREOF, this instrument is executed in ___ counterparts, each one of which shall be deemed an original, dated_J_u_n_e_2_;_,_2_0_0_9 _______ _ ATTEST: ATTEST: (Surety) Secretary (SE AL) /Jkt!1~ 1405 E Riverside Dr , Austin, TX 78741 (Address) 12400 H Austin TX 78738 (Address) SureTec Insurance Company By ~~)~~-- John-~ ~- (Attorney-in-fact) (5) ---::::--""'v --...... ~ .. ~ ...... 9737 Great Hills Trail. Ste. 320, A tfst ip ;-1')(7 8759 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual, as the case may be (3) Correct name of Surety (4) If Contractor is Partnership, all Partners should execute Bond (5) A True copy of Power of Attorney shall be attached to Bond by Attorney-in-fact F-6 Bond Number: 437 4880 POA #: 4221095 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint John W. Schuler of Austin , Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead , to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomcy(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions : Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds , recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or tetminating the Company 's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signarure or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached . (Adopted al a meeting held on 2t1• of April, 1999) In Witness Whereof, SURETEC INSURANCE COMP ANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.O. 2005. !:>~~_c~ ruf~-,.. ~-.. ..a)i itiu [J': State of Texas s.s : i \,.:'._;· _,/ '<" County of Harris --, On this 20th day of June, A.O. 2005 before me personally came Bill King, to me known, who, being by me duly sworn , did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument ; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. My commission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary ofSURETEC INSURANCE COMPANY , do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore , the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 2nd ,A.D. --;: Any Instrument Issued In excess of the penalty stated above is totally vo·i_ii fin d wlttiout anpalldlty. For verification of the authority of this power you may call (713) 812-0BOltany ti_uslness day be.tween 8:00 am and 5:00 pm CST. , --- . ' SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obta in information or make a compla int: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail , Suite 320 Austin , Tx 78759 You may contact the Texas Department of Insurance to obtain information on compan ies, coverage , rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin , TX 78714-9104 Fax#: 512-475-1771 Web : http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state .tx .us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim , you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance . Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for , and the surety shall not be liable for, losses caused by acts of terrorism , riot , civil insurrection , or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for , molds, living or dead fungi , bacteria , allergens, histamines, spores , hyphae, or mycotoxins , or the ir related products or parts , nor for any environmental hazards , bio-hazards, hazardous materials, environmental spills, contamination , or cleanup , nor the remediation thereof, nor the consequences to persons , property, or the performance of the bonded obligations , of the occurrence , existence, or appearance thereof. . . CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 ofVeron's Annotated Civil Statues, Contractor Certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth Project Number Aov1'J -5?!?elJ / STATE OF TEXAS § COUNTY OF TARRANT § Date BEFORE ME, the undersigned authority, on this day personally appeared ___ _ /3 1/11)/IJ L~HA ft . known to me to be the person whose name is subscribed to the forego~ng instrument, and acknowledged to me that he executed the same as the act and deed of Lf:H1t!E: f ~.,i J:f[~, ;J:t/&I the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~t!J of ~, ~Ro o1- Billie D Whaley My Commission Expires 03/0812010 Notary Public in and for the State of Page 1 Of 1 . VENDOR COMPLIANC E TO ST AT E L AW The 1985 Session of the Texas Legi slature passed House Bill 620 relative to the award of contracts to nonresident bidders . This law provides that , i n order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction , improvements , supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located . The appropriate blanks in Section A must be filled out by all out-of-state or nonresident bidders in order for your bid to meet specifications . The failure of out-of-state or nonresident contractors to do so will automat ically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident vendors in (give State), our principal place of business , are required to be percent lower than resident bidders by State law. A copy of the Statute is attached . Nonresident vendors in (give State), our principal place of business , are not required to underbid resident bidders . B. Our principal place of business or corporate offices are in the State of Texas . .tJ BIDDER: By :____cd;:.._.:_J?..J.....LL./lf.<...C...l.}y~j £'--..L))...:.....:....:W~k __ (Please print) Address City /State/Z(p Title :--'-~-X _£_5 --"f P_E:_..ctv__.T'----- (Please print) TH IS F ORM MUST BE RETURNED W IT H YOU R Q UOTATI ON HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Ooerator Asphalt Distributor Operator Asphalt Paving Machine Operator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Broom or Sweeper Operator Bulldozer Operator Carpenter Concrete Finisher, Paving Concrete Finisher, Structures Concrete Paving Curbing Machine Operator Concrete Paving Finishing Machine Operator Concrete Paving Joint Sealer Operator Concrete paving Saw Operator Concrete Paving Spreader Operator Concrete Rubber Crane, Clamshell , Backhoe, Derrick, Dragline, Shovel Operator Electrician FJagger Fonn Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator Laborer, Common Laborer, Utility Mechanic Milling Machine Operator, Fine Grade Mixer Operator Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Oiler Painter, Structures Pavement Marking Machine Operator Pioelayer Reinforcing Steel Setter, Paving Reinforcing Steel Setter, Structure Roller Operator, Pneumatic, Self-Propelled Roller Operator, Steel Wheel, Flat Wheel/Tamping Roller Operator, Steel Wheel, Plant Mix Pavement Scraper Operator Servicer Slip Form Machine Operator Spreader Box Operator Tractor Operator, Crawler Type Tractor Operator, Pneumatic Traveling Mixer Operator Truck Driver, Lowboy-Float Truck Driver Single Axle, Heavy Truck Driver, Single Axle, Light Truck Driver, Tandem Axle, Semi-Trailer Truck Driver, Transit-Mix Wagon Drill , Boring Machine, Post Hole Driller Operator Welder Work Zone Barricade Servicer $10 .06 $13 .99 $12 .78 $11.01 $ 8.80 $14 .15 $ 9 .88 $13 .22 $12 .80 $12 .85 $13.27 $12 .00 $13.63 $12 .50 $13.56 $14.50 $10 .61 $14.12 $18 .12 $ 8.43 $11.63 $1 1.83 $13.67 $16.30 $12 .62 $ 9.18 $10 .65 $16.97 $11.83 $11.58 $15.20 $14 .50 $14 .98 $13 .17 $10 .04 $11.04 $14 .86 $16 .29 $11.07 $10.92 $11.28 $11.42 $12.32 $12.33 $10 .92 $12.60 $12 .91 $12 .03 $14 .93 $11.47 $10 .9 1 $11.75 $12.08 $14.00 $13.57 $10.09 Classification AC Mechan ic AC Mechani c Helper Acoustical Ceiling Mechan i c Bricklayer/Stone Mason Bricklayer/Stone Mason Helper Carpenter Car penter Helper Concrete Finisher Concrete Form Bu ilder Drywall Mechanic Drywall Helper Drywall Taper Drywall Taper Helper Electrician (Journeyman) Electrician Helper Electron ic Technician Electronic Te chnician Helper Floor Laye r (Resilient) Floor Layer Helper Glazie r Glazier Helper Insulator Insulator Helper Laborer Common Laborer Skilled Lather Painter Painter Helper Pipefitter Pipefitter Helper Plasterer Pl asterer Helper 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY I Hdy Ra<e ! Classification $21.69 Plumber $12.00 Plumber Helper $15.24 Re i nfor cing Steel Setter $19.12 Roofer $10 .10 Roofer He l per $16 .23 Sheet Metal Worker $11.91 Sheet Metal Worker Helper $13.49 Sprinkler System Installer $13 .12 Sprinkler Svstem Insta ller Helper $14.62 Steel Worker Structural $10. 91 Concrete Pump Crane , Clamsheel , Backhoe, Derrick, D'Line $13.00 Shovel $9 .00 Forkl i ft $20.20 Front End Loader $14 .43 Truck Dri ver $19.86 Welder $12 .00 Welder Helper $20 .00 $13.00 $1 8.00 $13 .00 $14.78 $11.25 $1 0.27 $13.18 $16.10 $14.83 $8.00 $18 .85 $12.83 $17 .25 $12 .25 Hrly Rate $20.4 3 $14.90 $10 .00 $14.00 $10.00 $16 .96 $12 .31 $18 .00 $9.00 $17.43 $20.50 $17. 76 $12 .63 $10 .50 $14 .91 $16.06 $9.75 PART "G" CONTRACT - PART G -CONTRACT THE STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT, made and entered into June 2 2009 ~=~~~--------- ______________ by and between the City of Fort Worth , a home-rule municipal corporation located in Tarrant County. Texas, acting through its City Manager thereunto duly authorized so to do , Party of the First Part, hereinafter termed "OWNER" and Lehne Construction Inc. of the City of _A_u_st_in _________ , County of _T_r_a_v_is ________ _ and State of Texas Party of the Second Part. Hereinafter termed "CONTRACTOR" WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said Party of the First Part (Owner) to commence and complete certain improvements described as follows: Lake Worth Restoration and Maintenance Project WTR-2009-560001 and all extra work connected therewith, under the terms as stated in the Contract Documents , and at his (their) own proper cost and expense to furnish all materials , supplies , machinery, equipment, tools , superintendence, labor , bonds , insurance , and other accessories and services necessary to complete the said construction, in accordance with all the requirements of the Contract Documents , which include all maps , plats , blueprints and other drawings and printed or other written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been identified by the endorsement of the Contractor and the Engineers thereon , together with the Contractor 's Written Proposal and other parts of the Contract Documents hereto attached , including the Fort Worth Water Department General Contract Documents and General Specifications, all of which are made a part hereof and collectively evidence and constitute the entire contract. G-1 OFFICIAL RECORD ITV SECRETARY .WORTH , TX I~ ' I '! I The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete same within the time stated in the Proposal. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents and all approved modifications therefor, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the Parties to these presents have executed this · Contract in quadruplicate the year and the day first above written. ATTEST: - ill ~~ Marty H~tary (SEAL) WITNESSES: City of Fort Worth, Texas (Owner) Party of the First Part 4 Fernando Costa, Assistant City Manager con,~act Authorizatioa \f'/£}05 _. Da te By~~~~~~~~~~~ the Fort Worth City Water Departmfnt: S. Frank Crumb, PE, Water Director Approved as to Form and Legality: . G-2 Brian Lehne President Lehne Construction , Inc. FFICIAL RECORD ITV SECRETAR .WORTH, TX PART "H" AREA LOCATIONS ( UNITS I,11,III ) & PROJECT SIGN DETAIL Boat Ramp Replacement-Arrow S Park t Marker Buoy -Float Line, Lake Worth t Brush and Tree Removal Areas 2.f~" 2. S"' l .5'' 1.5"' I. .. FORT WORTH _.,,., . Yoi1,r Water J?u,ids ll1 Actio,z White ----Background ~·. o· ----+- 3 It Radius Dark Blue PROJECT SIGN Figure 30A Scale 1 " = I'