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HomeMy WebLinkAboutContract 25986 k CITY SECRETARY V r D.O.E. FILE SPECIFICATIONS CONTRACTOR'S BONDING CO. AND CITY SECRETARY (:'A' �r(?9& CONSTRUCTION'S COPY CONTRACT DOCUMENTS CONTRACT NO. CLIENT DEPARTMENT 06-19-OOAI iF©R 1 24 - INCH NORTHSIDE III WATER MAIN IH-35 TO RAY WHITE ROAD WATER DEPARTMENT PROJECT NO. PW77-060770140490 DEPARTMENT OF ENGINEERING PROJECT NO. 2924 BOB TERRELL KENNETH BARR CITY MANAGER MAYOR HUGO A. MALANGA, P.E. DALE FISSELER, P.E. DIRECTOR DIRECTOR TRANSPORTATION AND WATER DEPARTMENT PUBLIC WORKS MIKE GROOMER A. DOUGLAS RADEMAKER, P.E. ASST. CITY MANAGER DIRECTOR DEPARTMENT OF ENGINEERING rt FEBRUARY 2000 Em III FREESE•NICHOLS t 4055 INTERNATIONAL PLAZA, SUITE 200 FORT WORTH, TEXAS 76109-4895 (817) 735-7300 WORD iv *"cl ky F&N No. FTW99425 TEX. mi City of Fort Worth, Texas "agor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/30/00 **C-18040 30C 1 of 2 SUBJECT AWARD OF CONTRACT TO WILLIAM J. SCHULTZ, INC., D/B/A CIRCLE "C" CONSTRUCTION COMPANY, FOR NORTHSIDE III 24-INCH WATER LINE INSTALLATION DOE 2924 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company in the amount of $558,025.00 for the Northside III 24-Inch Water Line Installation. DISCUSSION: On October 19, 1999 (M&C C-17702), the City Council authorized the City Manager to execute an engineering services agreement with Freese & Nichols, Inc. for design of the North Beach Street Pump Station expansion and 24-Inch Water Line from IH-35 to Ray White Road. The improvements for this contract consist of installing 6,800 linear feet of 24-inch water main from IH-35 to Ray White Road to provide additional water to the Northside III pressure plane in order to meet increasing water service demands. This project was advertised for bid on February 24 and March 2, 2000. On March 16, 2000, the following bids were received: BIDDER AMOUNT TIME OF COMPLETION _William J. Schultz, Inc., d/b/a Circle "C" Construction Company $558,025.00 100 Calendar Days Pate Bros. Construction, Inc. $560,550.00 B&H Utilities, Inc. $573,500.00 S.J. Louis Construction, Inc. $580,268.00 Jackson Construction, Inc. $598,205.00 TGR Constructors, Inc. $608,400.00 Conatser Construction, Inc. $638,575.00 Stocker Enterprises $676,800.00 Walt Williams Construction $729,124.50 Whizcon Utilities., Inc. $787,910.00 H&W Utility Contractors $907,318.00 The project is located in COUNCIL DISTRICT 2. In addition to the contract cost, $43,000.00 is required for inspection and survey and $27,900.00 is provided for project contingencies. William J. Schultz, Inc., d/b/a Circle "C" Construction Company, is in compliance with the City's M/WBE Ordinance by committing to 13% M/WBE participation. The City's goal on this project is 12%. City of Fort Worth, Texas a or and Coun"K Communication DATE REFERENCE NUMBER LOG NAME PAGE 5/30/00 **C-18040 30C 2 of 2 SUBJECT AWARD OF CONTRACT TO WILLIAM J. SCHULTZ, INC., D/B/A CIRCLE -C-- CONSTRUCTION C"CONSTRUCTION COMPANY, FOR NORTHSIDE III 24-INCH WATER LINE INSTALLATION DOE 2924 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commercial Paper-Water Fund. MG:k i Submitted for City Manager's FUND ACCOUNT I CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 C1TY WUNCH Originating Department Head: A.Douglas Rademaker 6157 (from) MAY Qn 2000 PW77 541200 060770140490 $558,025.00 Additional Information Contact: City Secretary of the Cite of Fort Worth,Texas A.Douglas Rademaker 6157 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 24 - INCH NORTHSIDE III WATER MAIN IH-35 TO RAY WHITE ROAD WATER DEPARTMENT PROJECT NO. PW77-060770140490 DEPARTMENT OF ENGINEERING PROJECT NO. 2924 BOB TERRELL KENNETH BARR CITY MANAGER MAYOR HUGO A. MALANGA, P.E. DALE FISSELER, P.E. DIRECTOR DIRECTOR TRANSPORTATION AND WATER DEPARTMENT PUBLIC WORKS MIKE GROOMER A. DOUGLAS RADEMAKER, P.E. ASST. CITY MANAGER DIRECTOR DEPARTMENT OF ENGINEERING FEBRUARY 2000 irm III FREESE•NICHOLS 4055 INTERNATIONAL PLAZA, SUITE 200 FORT WORTH, TEXAS 76109-4895 {{{{{IIIIJtttt! (817) 735-7300 ti� oft rj� ��tititi� 5 f� a ...... J. R. BADDAKER �............................. F&N No. FTW99425 -o: `"'` 40497 lr'riE N s/ONAL��Gti���� lift/JJl rr(I{11 z-2�-00 TABLE OF CONTENTS 1. Part A - Notice to Bidders - Comprehensive Notice to Bidders 2. Special Instructions to Bidders 3. Minority and Women Business Enterprise Specifications 4. Part B - Proposal 5. Part C - General Conditions (City of Fort Worth) Part C1 - Supplementary Conditions to Part C - General Conditions 6. Part D - Special Conditions 7. Part E - Material and Construction Specifications 8. City of Fort Worth Standard Certificate of Insurance 9. Contractor Compliance With Worker's Compensation Law 10. Part F - Bonds (City of Fort Worth): a. Performance Bond b. Payment Bond C. Maintenance Bond 11. Part G - Contract (City of Fort Worth) Appendix A - Easements (See Special Conditions) Appendix B - Storm Water Pollution Prevention Plan PART A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS PART A- NOTICE TO BIDDERS Sealed proposals for the following: FOR: 24 - INCH NORTHSIDE III WATER MAIN IH-35 TO RAY WHITE ROAD WATER DEPARTMENT PROJECT NUMBER PW77-060770140490 DEPARTMENT OF ENGINEERING PROJECT NUMBER 2924 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 p.m., Thursday, MARCH 16, 2000 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans and Specifications for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of plans and documents will be provided for a deposit of fifty dollars ($50.00). This deposit is refundable if the documents are returned in good condition within ten (10) days after the bids are opened. Additional sets may be purchased on a nonrefundable basis for fifty dollars ($50.00) per set. A majority of the work consists of the following: Approximately 6,800 LF 24" Waterline and Appurtenances Included in the above will be all other items of construction as outlined in the Plans and Specifications. In accordance with City of Fort Worth Ordinance No. 13471 as amended by Ordinace No. 13781, 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. In order for a bid to be considered responsive, the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, AND GOOD FAITH EFFORT FORM, as applicable, must be submitted within five (5) City business days after the bid opening. Failure to comply shall render a bid non-responsive. For additional information concerning this project, please contact Anthony Wilkins, P.E., Project Manager, City of Fort Worth (817) 871-8047, J.R. Baddaker, P.E. or Mike Brownlee E.I.T., Freese and Nichols, Inc. at (817) 735-7300. Advertising Dates: February 24, 2000 March 2, 2000 FTW99425 A-1 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: FOR: 24 - INCH NORTHSIDE III WATER MAIN IH-35 TO RAY WHITE ROAD WATER DEPARTMENT PROJECT NUMBER PW77-060770140490 DEPARTMENT OF ENGINEERING PROJECT NUMBER 2924 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 p.m., Thursday, MARCH 16, 2000 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans and - Specifications for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of plans and documents will be provided for a deposit of fifty dollars ($50.00). This deposit is refundable if the documents are returned in good condition within ten (10) days after the bids are opened. Additional sets may be purchased on a nonrefundable basis for fifty dollars ($50.00) per set. A majority of the work consists of the following: Approximately 6,800 LF 24" Waterline and Appurtenances Included in the above will be all other items of construction as outlined in the Plans and Specifications. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. Award of Contract: No bid may be withdrawn until the expiration of ninety (90) days R from the date bids are opened. The award of contract, if made, will be within ninety (90) days after the opening of bids, but in no case will the award be made until all the _ necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the City of Fort Worth Department of Engineering Inc. at (817) 871-7910. In accordance with City of Fort Worth Ordinance No. 13471 as amended by Ordinance No. 13781, 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. In order for a bid to be FTW99425 A-2 considered responsive, the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, AND GOOD FAITH EFFORT FORM, as applicable, must be submitted within five (5) City business days after the bid opening. Failure to comply shall render a bid non-responsive. Bidders are advised that the City of Fort Worth has not acquired all necessary easements and right-of-way for the construction of the project as shown in the Plans. Bidders are hereby notified that the City anticipates obtaining the necessary easements and right-of-way by the start of construction. In the event the necessary easements and/or right-of-way are not obtained, the City reserves the right to cancel the award of the contract at any time before the Contractor begins any construction work authorized by the City. For additional information concerning this project, please contact Anthony Wilkins, P.E., Project Manager, City of Fort Worth (817) 871-8047, J.R. Baddaker, P.E. or Mike Brownlee E.I.T., Freese and Nichols, Inc. at (817) 735-7300. BOB TERRELL GLORIA PEARSON CITY MANAGER CITY SECRETARY Department of Engineering A. Douglas Rademaker, P.E. Director Advertising Dates: By: Rick Trice, P.E. February 24, 2000 Manager, Consultant Services March 2. 2000 FTW99425 A-3 SPECIAL INSTRUCTIONS TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS 1. PREQUALIFICATION REQUIREMENTS: A current financial statement, an acceptable experience record and an acceptable equipment schedule must be filed with the director of the Water Department at least one week prior to the hour for opening bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Proposals submitted by the prospective bidder who has not fulfilled the above requirements shall remain unopened. Prospective bidders whose qualifications are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received will be notified before the date of bid opening, and any proposals submitted by them shall be returned unopened. Liquid assets in the amount of ten (10%) percent of the estimated project cost will be required. For an experience record to be considered acceptable for a given project, it must reflect the experience of the firm seeking the 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 on projects completed not more than five (5) years prior to the date on which bids are to be received. The Director of the Water Department shall be the 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. 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the State of Texas. The amount of the FTW99425 SI-1 bond shall not exceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus. 3. BONDS: A performance bond, a payment bond, and a maintenance bond, each for one hundred (100%) percent of the contract price, will be required. Refer to Part C - General Conditions, Item C3-3.7, as well as Part D - Special Conditions. 4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth, Texas, and as set forth in the Contract Documents must be paid on this project. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. - 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDER: Pursuant to Article 6018, Tex. Rev. Civ. Stat., 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 responsible Texas resident bidder by the same amount that a Texas resident bidder 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 its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. Theappropriate blanks in the Proposal must be filled out by all nonresident .. bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is less than $25,000.00, the contract amount shall be paid in one lump sum upon completion and acceptance by the City of Fort Worth Water Department. 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, FTW99425 SI-2 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 requirements. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state, and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the r performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with City of Fort Worth Ordinance No. 11923, 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. In order for a bid to be considered responsive, the bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER I FORM AND/OR THE GOOD FAITH EFFORT FORM (Documentation), as appropriate. The documentation must be received no later than 5:00 p.m., five (5) City business days after bid opening. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom the delivery was FTW99425 SI-3 made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render a 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 a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records, or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under the appropriate federal, state or local laws or ordinances relating to the false statements. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE Ordinance, or to demonstrate "good faith effort", shall result in a bid being - rendered non-responsive to specifications. Contractor shall provide copies of subcontracts or co-signed letters of intent with approved MJ BE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. The Contractor may count first and second tier subcontractors and/or suppliers _ toward meeting its goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the MJ BE participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE contractor(s) must be certified by either the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TXDOT), Highway Division and must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith forms as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non-responsive. Whenever a change order affects the work of an M/WBE subcontractor or FTW99425 SI-4 supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds ten (10%) percent of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the contractor shall: Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and, If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the contractor had represented he would perform with his forces, the contractor shall notify the City before subcontracts or purchase orders are let, and shall be required .to comply with modifications to goals as determined by the City, and, Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. Failure of Subcontractor to provide required general liability of other insurance. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposed used by the Contractor in preparing his M/WBE Participation plan. Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. PP Within ten (10) days after final payment from the City, the Contractor shall provide the M/WBE Office with documentation to reflect participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. M FTW99425 SI-5 MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS r ATTACHMENT 1A Page 1 of 2 City of Fort Worth DEPT A F Minority and Women Business EnterpriseiSpadficatoupw M .�,c. MBE/WBE UTILIZATION 00 MR 20 flM 10 23 71 Circ /c C CoCon x /'uc //a n 177G'.1GA /G, 200 O PRIME COMPANY NAF4E BID DATE /// &Jab.- fo 00W77-6607701VO `/ 90 ROJECT NAME iQo y t,1h '¢C Roa d PROJECT NUMBER IF /," CITY'S M/WBE PROJECT GOAL: ?N/WBE PERCENTAGE ACHIEVED: f w.'ailure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid eing considered non-responsive to bid specifications. The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this chedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing iisrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to specifications. Company Name, Contact Name,. Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No _ Scope of Work(*).: supplied(*) 11 � �r �/S( 3 ,Sm G./os inose cr► -/ - e� �ue� �Sr ?y0 °O a/l s TX 7Sa73 7 /Va ZZ �ri'c MC Or7/ Ti , ;I • sQ/?Q f�GtLc//�7 p j�O G/C t�/Cf —e I Ac. /7!t to a so n el 06 Aa u 11'n hoc /S oda/IN Iny MIWBEs must be located in the 9(nine)county marketplace or currently doing business In the marketplace at the time of bid. I� Specify all areas In which MWBE's are to be utilized and/or Items to be supplied: S, A complete listing of items to be supplied is required in order to receive credit toward the M/WBE goal. ('°M Identify each Tier level. Tier:Means the level of subcontracting below the prime contractor/consultant,Le.,a direct payment I from the prime contractor to a subcontractor is considered 114 tier,a payment by a subcontractor to Its supplier is considered 2n°tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING,EXCLUSIVE OF THE BID OPENING DATE Rev.6/2!98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1A Page 2 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION e Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address, and Telephone No. Scope of Work(*) Supplied(*) ,r— oo 2 S i 1 The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding work performed by all subcontractors, including MBEs) and/or WBE(s) arrangements submitted with this bid. jr.tual ie bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or ployee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the I intract or debarment from City work for a period of not less than three(3) years and for initiating action under Federal, Late or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work r a period of time not less than one(1) year. ALL MBE and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD JIM �! (.©ion ,T�cha �1`Z ithorized SigrAture, Printed Signature !' f°rPS / e pry "'tie Contact Name and Title(if different) I A, C Cons��u c o n �/ 7 o?9-7 "lPwl 3 Company Name Telephone Number(s) S17 _ ,Z 93 - /iy ST Jdress Fax Number o f O F�lSiat�lrjp Code Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m.,FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING,EXCLUSIVE OF THE BID OPENING DATE Rev.612198 IT Pages 1 and 2 of Attachment 1A must be received by the Managing Department PART B PROPOSAL ' PART B - PROPOSAL (This Proposal must not be removed from this book of Contract Documents) TO: Mr. Bob Terrell City Manager City of Fort Worth, Texas FOR: 24 - INCH NORTHSIDE III WATER MAIN IH-35 TO RAY WHITE ROAD WATER DEPARTMENT PROJECT NUMBER PW77-060770140490 DEPARTMENT OF ENGINEERING PROJECT NUMBER 2924 Includes the furnishing of all materials (except as specified to be furnished by the City), equipment and labor for the installation of all improvements and appurtenant work shown in the plans and specification, all necessary appurtenances and incidental work to provide a complete and serviceable project. Pursuant to the foregoing "Notice to Bidders", the undersigned bidder, having thoroughly examined the contract documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the 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, and 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. r Contractor proposes to do the work within the time stated and for the following sums: (Furnish and install, including all appurtenant work, complete in place, the following items): 24 - INCH NORTHSIDE III WATER MAIN IH-35 TO RAY WHITE ROAD PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 1. 6,800 LF 24-Inch Diameter Pipe Dollars and Cents per LF $ to Q So $ t f/1 Sia 0 FTW99425 B-1 24 - INCH NORTHSIDE III WATER MAIN IH-35 TO RAY WHITE ROAD OP PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 3. 4 EA 24-Inch Gate Valve and Vault rs and mo Cents oU per EA $ /0,5-0 C) $ GG004 00 4. 2 EA 2-Inch Combination Air and Vacuum Valve and Vault 6., a a-d ,:dollars and irLy Cents 00 100 per EA $ els-00 $ 9c?oo 5. 3 EA 8-Inch Diameter Blow-off Valve and Vaul c0 Dollars nd Cents oa o Cj per EA $ 1/060 $ aorto 7. 4 EA Water Sample Station rmt ,. o-�� cz•,r, c� Dollars and Cents ad 00 per EA $ /000 $ V'r 8. 100 SY Repair and Replace Driveways Crossed by Open Cut Dollars a Zrif) Cents ©D per SY $ VD $ -,/,POO dG 10. 15 CY Additional Lean Concrete Backfill Not Shown on Plans Dollars and /YLO Cents ao dU per CY $ 7mS $ FTW99425 8-2 m r 24 - INCH NORTHSIDE III WATER MAIN IH-35 TO RAY WHITE ROAD PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 11. 6,800 LF Trench Safety System o�u Dollars and Cents 106 per LF $ / $ 12. 38,000 SY Post Construction Hydro-Mulch Seeding oI)u Dollars and ,-V-xo Cents 490per SY $ / $ �3 0000 ° 13. 1 LS Erosion and Sediment Control During Construction �d/,Le Z IIars and iryr� Cents eco per LS $ yS-00 $ '00 00 14. 100 CY Crushed Limestone for Construction Access and Additi nal Trench Backfill 2e Dollars and -�� Cents per CY $ $ o c� TOTAL FOR 24 - INCH NORTHSIDE III WATER MAIN $ 24" waterline pipe shall be in accordance with City of Fort Worth Water Department specification E1-4 or E1-6. Bidder/Contractor shall check the pipe material to be used for 24" diameter waterline pipe. [ ] E1-4 Concrete Pressure Pipe and Fittings [ ] E1-6 Ductile Iron Pipe PART B - PROPOSAL (continued) FTW99425 B-3 Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of five (5%) percent is to become the property of the City of Fort Worth, Texas, in the event the contract or bonds are not executed and delivered within the time above set forth, as liquidated damages for delay and additional work caused thereby. The undersigned bidder certifies that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and these specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin work on the Contract and to complete all work on the Contract within the time set forth in Part D - Special Conditions, "Completion Time". (Complete A or B below, as applicable:) [ ] A. The principal place of business of our company is in the State of [ ] Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. [ ] Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. FTW99425 B-4 I� Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 Respectfully submitted, LJ,//1 o 1 T SI-A-/-/r -,?,;?c 0 z A- C�.cle C' COnSTrUG //0 n (SEAL) By: If Bidder is Corporation Title: resI've ez Address: ,c�C� 9a;r' M317 ' fo�� �o•��. Zr- ?G>vo FTW99425 B-5 PART C GENERAL CONDITIONS PART C - GENERAL 'CONDITIONS -. TABLr. OF CONTENTS* NOVEMBER, 1, 1-987 TABLE OF CONTENTS C1-1 DE?INITIONS C1-1.1 Dafinition of Terms C1-1 (1) C1-1.2 Contract Documents C1-1 (1) C1-1.3 Notice to Bidders C1-1 (2) C1-1.4 Proposal C1-1 (2) C1-1.5 Bidder C1-1 (2) C1-1. 6 General Conditions C1-1 (2) C1-1.7 Special Conditions C1-1. (2) C1-1.8 Specifications C1-1 (2) C1-1.9 Bond C1-1 (2) C1-1.10 Contract C1-1 (3 ) C1-1.11 Plans C1-1 (3 ) C1-1.12 City Ci-1 (3) C1-1.13 City Council Cl-1 (3 ) C1-1.14 Mayor C1-1 (3 ) C1-1.15 City Manager Cl-1 (3 ) C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works Cl-1 (4 ) C1-1.18 Director, City Water Department Cl-1 (4) C1-1.19 Engineer Cl-1 (4) C1-1.20 Contractor C1-1 (4) C1-1. 21 Sureties Cl-1 (4 ) C1-1.22 The Work or Project C1-1 (4 ) C1-1.23 Working Day C1-1 (4) C1-1.24 Calendar Day C1-1 (4) C1-1. 25 Legal Holiday C1-1 (4 ) C1-1.26 Abbreviations Cl-1 (5) C1-1.27 Change Order C1-1 (6 ) C1-1.28 Paved Streets and Allays Cl-1 (6 ) C1-1. 29 ' Unpaved Streets and Alleys - Cl-1 ( 6 ) C1-1.30 City streets C1-1 ( 6) C1-1.31 Roadway C1-1 ( 6) C1-1.32 Gravel Street C1-1 ( 6 ) y C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL. ' C2-2.1 Proposal Form C2-2 (1) C2-2.2 . Intsrzratation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site C2-2' (2) C2-2.4 Submitting of Proposal C2-2 (3 ) C2-2.5 Rejection of Proposals C2-2 (3 ) C2-2. 6 Bid Security C2-2. (3 ) C2-2. 8 Withdrawing Proposals C2-2 ( 4 ) C2-2. 9 Telegraphic Modif ication of 3roposals C2-2 (4 ) C2-2.10 Public Opening of Proposal* C2-2 ( 4 ) C2-2 .11 Irregular Proposals C2-2 ( 4 ) C2-2.12 Disqualification of Bidders C2-2 (5 ) C3-3' AWARD AND EXECUTION OF DOCUMENTS C3-3 .1 Consideration of Proposals C3-3 (1) C3-3 . 2 Minority Business Enterpise Women--Owned Business Enterprise compliance C3-3 (1) C3-3 .3 Equal Employment Provisions C3=3 (1) C3-3 . 4 Withdrawal of Proposals C3-3 (2) C3-3 .5 Award of Contract C3-3 (2 ) C3-3 . 6 Return of Proposal Securities C3-3 (2) C3-3 .7 Bonds C3-3 (2) C3-3 . 8 Execution of Contract C3-3 (4 ) C3-3 . 9 Failure to Execute Contract C3-3 ( 4 ) C3-3 .10 Beginning Work C3-3 (4 ) C3-3 .11 Insurance C3-3 (I's ) C3-3 .12 Contractor's Obligations C3-3 (7) C3-3 .13 Weekly Payroll C3-3 (7) C3-3 .14 Contractor Ia Contract Administration C3-3 (7) C3-3 .15 Venue C3-3 ( 8 ) C4-4 SCOPE OF WORK C4-4 .1 Intent of Contract Doc,=ents C4-4 (1) C4-4. 2 Special Provisions C4-4 (1) C4-4.3 Increased or Decreased Quantities C4-4 (1) C4-4 .4 Alteration of Contract Documents C4-4 (2) C4-4 .5 Extra Work C4-4 (2) C4-4. 6 Schedule of Operations C4-4 (3 ) C4-4 . 7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4 ) CS-5 CONTROL OF WORK AND MATERIALS CS-5 .1 Authority of Engineer C5-5 (1) C5-5 . 2 Conformity with Plans Ca-5 (1) CS-5 . 3 Coordination of Contract Documents C5-5 (2) CS-5. 4 Cooperation of Contractor CS-5 (2) CS-5.5 Emergency and/or Rectification Work C5-5 (3 ) CS-5 . 6 Field Office C5-5 (3 ) CS-5.7 Construction Stakes C5-5 (3 ) CS-5 . 8 Authority and Duties of Inspectors C5-5 (4 ) C5-5. 9 Inspection C5_5 (5 ) CS-5 .10 Removal of Defective and Unauthorized Work CS-5 (5 ) CS-5.11 Substitute Materials or Equipment CS-5 (5 ) CS-5.12 Samples and Tests of Materials C5-5 ( 6 ) CS-5.13 Storage of Materials CS-5 ( 6 ) CS-5 . 14 Existing Structures and Utilities CS-5 (7) CS-5. 15 Interruption of -Service • C5-5 (7 ) C5-5 . 16 ,Mutual Responsibility of Contractors C5-5 ( 8 ) C5-5 . 17 Cleanup CS-5 ( 8 ) CS-5 .19 Final Inspection C5-5 (9 ) • (2) CS-6 -TZ-G,-.L 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 ?_rented Devices, materials and Processes C6-6 (1) C6-6 . 4 Sanitary Provisions C6-6 (2) C6-6.5 Public Safety and Convenience C6-6 (2) C01-6 . 6 Privileges of Contractor in Streets, Alleys, and Right-of-Way C6-6 (3) C6-6.7 Railway *Crossings C0'-6 (4) C6-6 .8 Barricades, Warnings and Watchman C6-6 (4) C6-6.9 Use of Explosives, Drop Weight, etc. C6-6 (5) C61-6.10 Work Within Easements C6-6 (6) C6-6.11 Inde-z�endant Contractor C6-6 (8) CS-6.12 Contractor ' s Responsibility for D-2-mage Claims C01-6 (8 ) Co'-6 .13 Contractdr' s Claim for Damages C6-6• (10) C0'-6.14 Adjust.maht of Relocation of Public Utilities, etc. C6-6 (10) CS-6 .15 Temporary Sewer Drain Connections CS-6 (10) C6-6 .16 Arrangement and Charges of Water Furnished by City C6-6 (11) C6-6.17 Use of a Section of Portion of the Work C6-6 (11) Co-6 .18 Contractor' s Responsibility for Work C6-6 (11) C6-6.19 No Waiver of Legal Rights C6-6 (12) C6-6. 20 Personal Liability of Public Officials C6-6 (12) C6-6. 21 State Sales Tax CS-6 (12) C7-7 PROSECUTION AND PROGREESS C7-7.1 Subletting C7-7 (1) C7-7. 2 Assignment. of Contract C7-7 (1) C7-7. 3 Prosecution of the Rork C7-7 (1) C7-7. 4 Limitations of Operations C7-7 (2) C7-7.5 Character of Workman and Ecuipment C7-7 (2) C7-7. 6 Work Schedule C7-7 (3 ) C7-7.7 Time of Commencement and Compl=_tion C7-7 (4) C7-7. 8 Ex'Ca Sion of time of Completion C7-7- (4) C7-7. 9 Delays C7-7 (4) C7-7.10 Time of Completion C7-7 (5 ) C7-7.11 Suspension by Court Order C7-7 (6) C7-7.12 Temporary Suspension C7-7 (6) C7-7.13 Termination of Contract due to National Emergency C7-7 (7) C7-7.14 Suspension of Abandonment of the Work and Annulment of Contract C7-7 (7) C7-7.15 Fulfillment of Contract C7-7 (9) C7-7.16 Termination for Convenience of the Onwer C7-7 (10) C7-7.17 Sa_ety Methods and Practices C7-7 (13) C8-8 MZ-ASUREMENT AND PANT CS-8 .1 Measurement of Quantities C8-8 (1) C8-8. 2 Unit Prices C8-8 (1) (3) 1,b—O .� LL7iAD J uui CS-8 . 4, Scope of Payment C3-8 (i) C8-8_5 Partial Estimates and 'Retainage C3-8 (2) C8-8 . 6 Withholding Payment C3-8 (3 ) C8-8.7 Final Acceptance _ C3-8 (3) CB-8. 8 Final Payment ' C3-8 (3) C8-8 .9 Adquacy of Design C3-8 ( 4) C8-8 .10 General Guaranty C8-8 (4) C8-8 .11 Subsidiary Work C3-8 (5 ) C8-8 .12 Miscellaneous Placement of Material C3-8 (5 ) C8-8 .13 Record Documents C3-8 (5 ) !4 4 t 1 (4) t t , '= PART C - GENEERAL CONDITIONS C1-1 DEFINITIONS SECTION Ci-1 DEFINITIONS . C1-l . 1 DEFINITIONS OF TERMS : Whenever in these Contract ,R Documents the following terms or. pronouns in place of them are used , the intent and meaning shall be understood and interpreted as follows: C1-1. 2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents , such as specif ications , bonds , addenda , plans , etc . , which govern the terms and �• nerformance of the contract . These are contained in the General Contract Documents and the Special Contract Documents. GBNERAL CONTRACT DOCUMENTS :* The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS (Sample) Waite PART B - PROPOSAL (Sam;le.) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SP ECIF IC_ATIONS El-white E2-Golden Rod E2A-White PE2.MIT5/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White , b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: . PART A - NOTICE TO BIDDERS (Advertisement) Same as • above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H -` PLANS (Usually bound separately) yr j Cl-1 (1) C1-1 . 3 NOTICE TO BIDDERS : All ofthe legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents const-it'st?s the notice to bid =rs. C1-1 . 4 PRO?OSAL: The completed written and signed offer or tender of'a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. Cl-1 . 5 3IDDER : Any. person, persons , firm , partnership , company, association, corporation; acting fir=ctly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents , constitutes a bidder. C1-1 . 6 GENERAL CONDITIONS: ' The General Conditions are tha usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes , and requirements of the City of Fort Worth ' s charter and .,: promulgated ordinances . " Wherever there may be a conflict between the General Conditions and Special Conditions , she latter shall take precedence and shall govern. C1-1 . 7 S?ECIAL 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 vain a thorough knowledge of the project. C1-1. 8 SPECI?ICATIONS : The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations, requirements ,, statutes ,, etc . , such referred' to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1. 9 BOND: The bond or bonds, are the written guarantee or security furnished by the Contractor for the oromot and 1 C1-1 (2) faithful performance of the contract and include the following: . a. Performance Bond (see paragraph C3-3 .7 ) b. ?ayment Bond (see paragraph C3-3 .7) C. Maintenance Bond (see paragraph C3-3 .7 ) d. Proposal or Bid Security (see Special Instructions to Bidders , Part A and C2-2. 6) C1-1. 10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project t7. o be completed under the Contract Documents . C1-1. 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 ri changes in the work hereinafter authorized by the Owner . The plans are usually bound separately from other parts o_ the f Contract Documents , but they are a part of the Contract Documents just as though they were bound therein. C1-1 . 12 CITY : The City of Fort Worth, Texas , a municipal ' corporation, authorized and -chartered under the Texas Stata Statutes , acting by and through its governing body or its City Manger, each of which is required by charter to perform Specific duties . Responsibility for final enforcement of Contracts involving the City of Fort north is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1 . 13 CITY COUNCIL : The duly elected and qualified governing body of the City of Fort Worth, Texas. C1-1 . 14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem Of the City of Fort Worth, Texas. C1-1.15 CITY Y-kNAGER: The officially appointed and authorized City Manager of the City of Fort north, Texas , or his duly authorized neperesentative. C1-1.16 CITY ATTORNEY: The officially appointed Cit Attorney _ Y ' of the City of Fort Worth, Texas , or his duly authorized representative. v Cl-1 (3) C1-1 . 17 DIRECTOR 0? PUBLIC. WORKS: The duly appointed official of the City o=6 sort North , re=erred to in the Charter as the City Engineer, or his• duly =authorized representative. C1-1 . 18 DIRECTOR , CITY WATER DEPARTMENT: The duly appointed Director of the City iter Department of the City of Fort Worth , Texas , or his duly authorized representative , assistant, or agents. C1-1 . 19 ENGINEER: The Director of Public works, the Director of the Fort Worth City Water Department , or their duly authorized assistants , agents , engineers , inspectors , or superintendents', acting within the scope of the particular duties entrusted to them. , C1-1 . 20 CONTRACTOR: The person , persons , partnership , company, Firm, association, or corporation, entering into a con tract with the Owner for the execution of the work, acting directly or through a duly •authorized representative . A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project, C1-1. 21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor . The sureties engaged are to be fully responsible for the entire "`�•" and satisfactory fulfillment of the Contract and for any and • all requirements as set forth .in the Contract Documents and approved changes therein. C1-1. 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. CI-1 . 23 WORKING DAY: A ' working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays , in which the weather or other conditions not under the control of the Contractor .permit the performance of the principal unit of work for a oeriod 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. C1-1 . 24 CALENDAR DAYS : . A calendar day is any day of the week or month, no days being excepted. C1-1. 25 LEGAL HOLIDAYS : Legal holidays shall be observed as prescribed by the City Council of the City of Fort- worth for observance by City employes as follows: Cl-1 (4) 1. New Year's Day January 1 2. M. L. Ring,° Jr. Birthday Third Monday in January 3. Memorial Day Last Monday in may 4. Independence Day July 4 5. Labor ray First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in november 8. Christmas Day December 25 9. Such oti±er days in lieu of holidays as the City Council ' may determine i When one of the -above named holidays or a special ho7.iday is declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding .Friday or if it falls on Sunday, it- shall be observed on the following Monday, by those employees working on working day operations . Employees working calendar day operations will consider the calendar holiday as the holiday. -' C1-1. 26 ABBREVIATIONS : Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO - American P.ssociation of MGD - Million Gallons Per £ ~' Stat: Highway Transportation 'Day :j Officials ASCE - American Society of Civil CFS - Cubic* root per Engineers Second LAW - In Accordance With ASTM - American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works 3 - Parc_ntum- ° Association R - Radius - _ ASA American Standards Association I.D. - Inside Diameter HI - Hydraulic Institute O. D . - Outside Diameter t Asph. - Asphalt Elev.- Elevation • Ave. - Avenue F - Fahrenheit Blvd. - Boulevard C - Centigrade CI - Cast Iron • In. - Inch �± CL, - Center Line F t. - Foot GI - Galvanized Iron St. - Street ` Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard i MH - Manhole SY - Square Yard Max. - Maximum L.P. - Linear root D.I. - Ductile Iron Cl-1 (5) • C1- 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 cuaati=ies stated in the Droposal are not the subject matter of a Change. Order unless the increase or deeraase is more than 25% of the amount of the particular item or items in the origin-61 proposal. All " Change Orders " shall be prepared by the City from information as necessary furnished by the Contractor. C1-1 . 26 PAVED STREETS AND ALLEYS : A paved street or alley shall be defined as a street or alley having on: of the following types of wearing surfaces applied over the natural unimuroved surface: 1. Any type of asphaltic concrete with or without sevarate base material. 2. Any type of asphalt surface treatment , not including an oiled surface , with or without separate bas_ material. 3 . Brick, with or without separate base material. 4. Concrete, with or without se:_rate bas= material. 5 . Any combination of the above. C1-1 . 29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys. " C1-1 . 30 CITY STREETS : A city street is defined as that area between the right-of-way lines as the st=eet . is dedicated. C1-1 . 31 ROADWAY: The roadway is defined as the area between parallel lines two ( 2 ' ) feet back of the curb lines or four ( 4 ' ) f eet back of the average edge of pavement where no curb exists. Cl-1. 32 GAVEL STREET: A gravel street is any unpaved street to which has been addea one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. C1-1 (5) SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION ;_ND PREPARATION OF PROPOSAL ., SECTION C2-2 :?v'TERPRETATION AND PREPARATION OF PROPOrP-T, C2-2.1 PROPOSp__T, 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 Leon which bid pri=es are requested. The Proposal form will state the Bidder ' s general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a•-formal contract. The Owner will furnish forms for the Bidder ' s "Experience Record, " "Equipment Schedules, " and "Financial Statement," all of which must be properly executed and filed with the Director of the City +pater Department one week mrior to the hour fnr 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 asto reflect the current financial status . This statement must be current and not more than one (1) year old. .V In the case that a bidding date falls within the time a 'new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (101 ) percent of the estimat=d project cost will be recuired. For an .experi=nce 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 on projects completed not more than five (5 ) years prior to tae date on which 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 north 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 C2-2(1) 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 malZerials furnished. in strict accordance with the Contract Documents and Plens . The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without . in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2 . 3 EXAMINATION OF CONTRACT DOCU.ME14TS AND SITE Or 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 jus as though such addenda were actually written into the original Contract Documents. . Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents , to visit the site of the project and examine carefully all local - conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the 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 Ownezr. Bidders shall rely exclusively and solely upon their own estimates , investigation, research , tests, explorations, and other data which are necessary for 'full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations, examinations and tests herein recuired. 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, showing on the plans are for general information only and may not be correct. Neither the ,C2-2(2) Owner nor the engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF P30POSAL: The Bidder shall submit his .Proposal on the form furnished by the Owner. All blank spaces apDlicabla to the project contained in the form shall be correctly filled in and the Bidder shall stat_ the prices , written in ink in both words and numerals , for which he proposes to do the work contemplated or furnishe the materials required. All such .prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a oronosal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a pr000sal is submitted by a firm , association , or partnership, the name and address of each member must be given , and the proposal must be signed by a member of the firm, association , or partnership,. or by a person duly 'a authorized. If a proposal is sumitted by a company or corporation, the comeany or corporate name and business address must be given, and the proposal signed by an `official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the pr000sal. C2-2.3 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 , incomplete bids, erasures , or irregularities of any kind, or contain unbalance 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 in the amount indicated in the "Notice to- Bidders" and the "Proposal. " -The Bid Security is required by the owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof . The bid security of all other bidders may be returners promptly after the canvass of bids. C2-2(3 ) C?-2 . 7 DELIV=R" O= 2ROPOSAL: No proposal will be considered unless it is delivered , accompanied by its proper aid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders . " It is the Bidder ' s sole responsibility to'deliver the proposal at the. proper time to the proper place . The mere fact that a proposal was dispatched will *not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL, " and the name or description Of the pr0]eC6 3s designated in the "Notice to Bidders. " The envelope shall be addressed to the City Manager, City 3a11, Fort north, Texas . C2ti-2. 8 WITHDRAWING PROPOSALS: Proposals actually filed w=th the City Manager cannot be witharawn prior to the time set for opening proposals. A request for non-consideration of a Dr000sal must be mad= .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 TELEGRAP3IC MODIFICATION OP PROPOSALS: Any bidder may 1; 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. 10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly tiled and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders. " All proposals which have been•opened and read will remain on file with the - Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2 . 11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" it they show any omissions , alterations of form, additions, or.. conditions not called for , unauthorized alternate bids, or irregularities of any kind. 3owever , the C2-2(4) Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2-2 . 12 DISQUALIFICATION OF BIDDERS : Bidders may be disqualified and their proposals not considered for any of , but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. g. Uncompleted work which , in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder. not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration , which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use - on- the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set- aside and not opened. C2-2(5) PART C - GENERAL CONDITIONS C3-3 A A_RD* AND E-CUTIOH 0? DOCUMENTS SECTION C3-3 AWARD P?ID EXECUTION Or DOCUiiENTS: C3-3 . 1 CONSIDERATION Or PROPOSALS: iter proposals have :een 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•.Docu ents. '. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. ' Until the award of the contract is mad_ by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to r_-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3 -3 . 2 MINORITY BUSINESS ENTER?RISE/WOMEN-OWNED BUSINESS ENTERPRISE COM?DI-NCE: Contractor agrees to provide to Owner, upon request , complete and accurate information regarding actual work performed by a Minority Business Enterprise (Y.-BE- ) and or a a Woman-owned Business Enterprise (WBE) on the contract and the cayment therefor. Contractor further agrees , upon request by Owner , to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WB E. 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 3QIIAL EMPLOYMENT PROVISIONS : The Contractor shall ` comply with Current City Ordinance prohibiting discrimination in employment practices. C3-3 (1) r. �. The Contractor shall post .the required notice to that effect on the project site, and, - at his r=quest, will be provided assistance by the City of Fort north ' s Equal .mployment Officer who will refer any qualified applicant he may hale on fit= in his office to the Contractor. Appropriate notices may to acquired from the Equal Employment Officer. C3-3 . 4 WITEDRAW L 0? PROPOSALS : After a proposal has been Fe-ad by the Owner it cannot be withdrawn by the Bidder within forty-five ( 45 ) days alter the data on which the proposals were opened. C3-3 . 5 AwLRD OF CONTRACT: The Owner reserves the right to withholdiinal action on the proposals for a reasonable tiMa , not to exceed forty-five ( 45 ) days after the date of opening proposals, and in no :vent will an award be made until after - investigations have been made as to the responsibility of the proposed award=_. The award of the contract, ij .an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. -N C3-3 . 6 RETURN OF PROPOSAL SECURITIES : As soon as proposed e7 price totals have been determined for comparison of bids , tae 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 66hey 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 t*.,.-- amounts herein required, the fallowing bonds : a. PERFORMANCE BOND : A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal" tabulation or otherwise , guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or the use of inferior materials . This performance C3-3 (2) r. • bond shall -guarantee the payment for all-- labor , =aterials, equipment, supplies , and services used in the construction of the work , and shall remain in fill 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 erformance of the general guaranty which - is set forth iri•paragraoh CS-8 .10. C. ?AYMENT BOND : A good and sufficient =ayrent bond, in an amount not less than 100 percent - of the amount of the contract'.. . as evidenced by the Droposal tabulation or otherwise , guaranteeing the- prompt, full and faithful payment of all claimants as defined in Article 5160 , Revised Civil- Statutes of Texas, • 1925 , as amended by Hous_ Bill. 344 Acts 56th Legislature, Regular Session , 1959 , effective =pril 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 stioulated are made. d. OTHER BONDS : Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accented 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 b; included on the current U. S . Treasury list of acceptable suraties, andthe amount of ;gond 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 • C3-3 (3 ) new surety satisfactory ° to the Owner. No payment will e > Tinder the contract until the new surety or sureties , as required, have cualified and have been acc=epted by the ow-ner. 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 Or CONTRJXCT: Within tea °(10 ) days after .he Owner has zy appropriate resolution, or otherwise, awarded tae contract, the Contractor shall execute and fit= with the Owner the Contract and such bonds as may be required in the Contract Documents. No contract shall b_• binding upon the owner until it has been attested by the City. Secretary, approved as to form and legality by the City Attorney, had executed for the Owner by either the Mayor or City Manager. C3-3 . 9 FAILURE TO EXECUTE CONTRACT : The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten. (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. 3y reason of the uncertainty of the market prices of :uat=Tial and labor , and it being impracticable and difficult to accurately determine the amount of damages occuring 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 oif damages which Owner will suffer by reason of such failure on the cart of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will b: considered as an acceptance of this provision by the Bidder. C3-3 . 10 BEGINNING WORK: The Contractor shall not commence work until authorized. in writing to do so by the Owner . Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order" , it is agreed that the Surety Company will , within ten ( 10 ) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3 . 11 INSURANCE: The Contractor shall not commence work under this contract until he has- obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub-cohtractors ' C3-3 (4) 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 coverace of all sub-contractors. a. COMPENSATION INSURANCE : The Contractor shall maintain ,- during the life of this contract , Workers ' • Compensation, Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. in case any class of employees engaged in hazardous work bh the 'project under this contract ' is not protected under the Workers ' Compensation Statute, the Contractor shall provide adequate employer ' s general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contractor ' s 4 Comprehensive General Liability Insurance (Public Liability and - Property Damage Insurance) in an .-. amount not less than $ 500 , 000 covering each r r occurrence on account of bodily injury, including death , and in an amount not less than $ 500 , 000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies; and in the amount: as set X orth for public liability and property damage, the following insurance: 1. Contingent Liability ( covers General Contractor ' s. Liability for acts of sub-contractors) . 2. Blasting, prior to any blasting being done. 3 . Collapse of buildings or structures adjacent to excavation ( if excavations -are to be performed adiacent to same) . 4. Damage to underground utilities for $500,000. C3-3 (5 ) -around structures S. guilder's risk (where above are involved) . - o. Contractual Liability ( covers all indemnification requirements of Contract) . - d. AUTOMOBILE INSUIRANC3 - BODILY INIa RY AND ?R0?ERTY DPS: 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 , 0,00 on account of one accident , and automobile property damage insurance in an amount not less than $100, 000. e. SCOPE OF INSURANCi AND SPECIAL HAZARD : The insurance required .under tae above paragraphs shall provide adequate protection for the Contractor and his sub-contractors , respectively, against damage claims which may arise from operations under this r contract, whether such opera-ions 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 CARRIAIGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage_ by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner . ( Sample attached. ) All insurance requirements made upon the Contractor shall apply to the sub- contractor , should the Prime Contractor ' s insurance not cover the su'-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING : The insurance and bonding companies with whom the Contractor' s insurance and performance , payment , maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the C3-3 (6) i � e City of Fort 'north, Tarrant County, Texas . .ach such agent shall be a duly qualified, one upon whom service of process may be had , and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of tort Worth , or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged , may have against the Contractor , insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies , than such authority must be vested - in a local agent or claims officer residing in the Metroplex, the Fort Worth-Dallas area. The nam= of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3 .12 CONTRACTOR ' S OBLIGATIONS : Under the Contract, the Contractor shall pay for- all materials , labor and services when due. C3-3 . 13 WEEKLY PAYROLL: A certified copy of each payroll covering =ayment bf wag=s to all person 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 -cayroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Doc urents 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 wag_ rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rats shall be the responsibility of the Contractor. CI-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 scall establish a fully operational business office within the Fort Worth-Dallas metropolitan area . The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent ) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all, matters pertainiag to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other C3-3 (7) matter associated such as maintaining adequate and appropriate insurance or security coverage for the project . Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor ' s principal base of "operations be other - than in the ?ort Worth-gallas metropolitan area , notification of the Contractor ' s assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as a:plicable, by the Contractor ' s responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents . The intent of these requirements is that all matters associated with the Contractor ' s administration, whether it be oriented in furthering the work, or other, be governed 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 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 for periods in which work stoppages are in effect for this reason. • C3-3 . 15 VENUE : Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (S ) PPRT C - GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCO?B Or WORK C4-4 . 1 INT.?NT Or CONTRACT DOCGMaNTS : 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 =X`ra or special work as may be considered by the Owner as necessary to complete the p-roject 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 SPMCIAL 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 " 4 Documents, then. "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or 'proposals for such work and furnished to the Bidder in the form of Addenda. P?1 such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4 . 3 1NC3BASFD OR DECREASED QIIPNTITIFS: 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 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 nor shall such changes be considered as J C4-4 (1) waiving or invalidating any conditions or provisions of the Contract Documents . Variations in quantities of sanitary sewer pipes in depth categories , shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories. ' C4-4. 4 ALTERATION Or CONTRACT DOCUBMITS: 3y Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner , provided, such changes do not mater=-ally alter the original Contract 'Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4 . 5 EXTRA WORK: Additional work made necessary by changes and alterations os the Contract Documents or of quantities or for other reasons for which no prices are provided is the Contract Documents, shall be defined as °?xtra work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto ; provided, however, that , before any extra wort 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. :kn agreed lump sum. C. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time s`o used at Associated General Contract.ors of =lnerica current equipment rental rates ; ( 3 ) materials entering permanently into the project , and ( 4 ) actual cost of insurance , bonds , and social _ security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The Fixed fee is - not to include any additional profit to the Contractor for rental of equipment owned by him and ::sed for the extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead', other profit, general and all other expense not included in (1) , ( 2 ) , ( 3 ) , and ( 4 ) above. The Contractor shall keel accurate cost records on the form and in the method C4-4 (2) suggested by the Owner and shall give the Owner access to all accounts , bills , vouchers , and records relating to the Fxtra 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 comoensation , he shall make written request. to the Engineer For written orders authorizing such Extra Work, prior to beginning such work. • • Should a difference arise as 'Co what does or does not constitute Extra work, or as to the payment thereof, and the 'Engineer insists upon its- performance, the Contractor shall oroceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as crovided under ,u=thod ( Item C ) . Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner- within five ( 5 ) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory ='= vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to ore-oars for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for ' extra work' whether or not iniiti=ted 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 or the change or extra work. C4-4. 6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive th-e Owner ' s approval thereof, a "Schedule of Operations , " showing by a straight line method the date of commencing and finishing each of the major elements of the contract. There shall be also shown the estimated monthly cost of work for which estimates are to be exo:cted. There C4-4 (3) shall be presented also a composite graph showing the ant'ici0ated progress of construction with the time being plotted horizontally and the percentage of completion •plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4 . 7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES : Within ten ( 10 ) days prior to submission of — • first monthly progress payment , the Contractor shall pr=pare and submit to the Owner for approval six copies of e thschedule in which the Contractor proposes to carry on the work, the date of which he will start the several major , activities ( including procurement of materials, plans, and : eauinment) and the contemulat_d dates for completing the same. The schedule shall De 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 and 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 Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and .in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor ' s understanding of the contract requirements . Th: 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 time constraints , sequencing requirements and completion time. b. The construction process shall be divided into activities with time durations of approximately fourteen (14 ) days and construction values not to exceed $50 , 000 . Fabrication , delivery and submittal activities are exceptions to this guideline. C4-4 (4) c. Durations shall b: is calendar days and normal holi=_ys 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 theearliest start date and the latest start date of a chain of activities of the CPM const-action schedule. ?loat 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 =pproximately 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. i eor each of tar_ trades or subcontracts , the construction schedule shall indicate the following procurements , construction and preacceptazce activities and events in their logical :equ=nce for equipment and materials . 1. Pr_naration and transmittal of submittals. 2. Submittal review periods. 3 . Shoo fabrication and delivery. 4 . Erection or installation. 5 . Transmittal of manufacturer ' s oceration and maintenance instructions. 6 . installed equipment and materials testing. 7. Owner's o-orator instruction (if applicable) . 8 . Final inspection. C4-4 (5 ) 9 . Operational testing. .. 10. Final inspection. 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 wprk force, the construction_ plant and equipment, the number of work shifts or the overtime ocerations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. C4-4 (6) • PART C - GENEPOILL CONDITIONS CS-S CONTROL Or WORK AND MATERIALS SECTION CS-S CONTROL OF WORK AND WATERIAh'S CS-5 .1. AUTHORITY Or ENGINEER: The work shall be performed to the satisfaction of the Sngineer and in strict compliance with the Contract Documents . He shall decide all questions which arise as to the quaiity and acceptability of materials furnished , worst performed, rate of progress of the work, z overall sequence of the construction, interpretation "of the Contract Documents,acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contr=act Documents , supervision of the work, resumption of operations , and all other questions or disputes which may arise . engineer will not be responsible for Contractor ' s means , methods , techniques , sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible f.or Contractor ' s failure to perform the work in accordance with the contract documents. He shall determine the amoun6 and quality of the work completed and materials furnished , and his decisiohs and estimates shall be final. His estimates in such event shall be a condition to ,the right of the Contractor to receive money du: 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 CONrOR_MITY 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 otherwise described in the Contract Documents . Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. CS-S (11 C5-5 . 3 COORDINATION OF CONTRACT DOCUMENTS : The Contract yocuments ars mad= uo of several sections , which , taken together , are intended- to describe and orovide for a cnmolete and useful projec and any requirements appearing in one of Lie sections is as binding as though it occurred in all sact-iors . In case of discrepancies , figured dimension shall govern over scaled. dimensions , plans shall govern over Soeci.f ications, special conditions shall govern over general conditions and standard specificatiocs, and quantities shown oa the plans *shall govern over • those shown in ' the proposal . sae Contractor shall not take advantage of any apparent error =r omission in the Contract Doc• menu , and the Owner shall be permitted to make such corrections or interpretations as -may se deemed necessary for -the fulfillment of the intent of the Contract Documents . In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this =ondition to the attention of the Engineer. In the event of a conflict in the drawings , specifications, or other portions of the Contract Documents which were not reported prior to the .ward of Contract, the Contractor shall be deemed to have rioted the most expensive resolution of the conflict. C5-5 . 4 COOPERATION Or CONTRACTOR: The Contractor will be '_urnished with three sets of the Contract Documents and scall :ave available on the site of the project at all tunes one set : =ridof such Contract Documents. The Contract shall give to the work the 'constant attention accessary to facilitate the progress thereof and shall cooperate With the En.ginee: , his inspector , and other Contractors in every possible way. 'T'he Contractor shall at all times have compete nt 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 I., project site of a representative of the Contractor to C5-5 (2) adequately provide for the safety or convenience of the travelinc public or the owners of Droperty }cross which the project extends or the safety of property contiguous to the project routing. The Contractor shall provid= all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5 . 5 EMERGENCY AND/OR RECTIFICATION WORK: when , in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative ,:• shall respond with dispatch to a verbal request mad= by the Owner or 'Engineer to alleviate the emergency condition . Such a resoonse shall occur day or night, whether the project is scheduled on a calendar-day or on a working-day basis. Should the Contractor zfail to respond to a request from the Engineer to rectify any discrepancies , omissions , or corrections necessary to conform with the requirements of the project specifications or plans , the Engineer shall give the • Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discreDant condition and request the Contractor to take remedial action to correct the condition . In the event the C ontrac_or does not talo positive steps to fulfill this written request, or does not show just cause for not taking the proper action , within 24 hours , the City may take such remedial action with City forces or by contract . The- City shall then deduct an amount equal to the entire costs for such remedial action, plus 25% , from any funds due the Contractor o n the project. C5-5 . 6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the - Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area , substantially constructed , wel•1 heated , air conditioned , lighted , and weather-proof , so that documents will rrot be damaged by the elements. C5-5 .7 CONSTRUCTION STARES: 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 for 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. CS-5 (3 ) These stakes or markings shall be set sufficiently in advance of construction operations• to avoid delay . Such stakes or markings as may bs established for the Contractor ' s use or guidance shall b: preserved by the Contractor until he is authorized by the engineer to remove them. ITheneverr, in the opinion of the Bngineer , any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employes , the full cost of replacing ,such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. C5-5 . 8 AUTHORITY AND DUTIES 0: CITY INSPECTO'RS : City Insoectors 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 Engine;r as to -the brogress '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 authority to reject materials or equipment to suspend work until the question at issue can be referred to and be decided by the Engineer . The City Inspector will not , however, be authorized to revoke_, alter , enlarge , or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary to the requirements of the Contract Documents. Ee will iri 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. Ee will not accept from the Contractor any compensation in any form for cerforming any duties . The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents , provided, however, should the Contractor object to any orders or instructions of the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. CS-5 (4) C5-5 . 9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements *of the Contract Documents . If the zngineer so requests , the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the f.inished 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 mating good of the parts removed shall be paid for as extra work, but should be work-so 'exo-osed or examined prov $' •to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts "shall be at the Contractor ' s expense. No wort shall be don_ or materials used without suitable supervision or inspection. CS-5 .10 REMOVAL OF DEFECTIVE AND UNAUT'nORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans , except as herein specifically provided, or any Extra Work done without written authority, will be considered as unauthosiz_d and done at the expense of the Contractor and will not be paid for by the Owner . Wor'k 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 to the Contractor . Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. C5 -5 . 11 SUBSTITOTE MATERIALS OR EQUIPM NT : If the Specifications , law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the preconstruction conference , make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the proposed • C5-5 (5) substitute from that specified and indicating available maintenance service . ® No substitute shall be ordered or installed without the 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 exoense. -Contractor shall indemnify and hold harmless fawner and Engineer and anyone directly or indirectly employed by either of them from and against the claims , damages, 1_sses and expenses (including attorneys fees) &r=sing out of the use of substituted materials or equipment. •• C3-5 .12 SAMPLES =ND TESTS OR M TERIP.LS: Where, in the opinion of the Engineer, or as called for in the Contract Documents , tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to .make any tests of materials shall be in no way reli=ve 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 fQr collecting and forwarding s amyl=s and shall not , without specific written permission of the Engineer, use the 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 th3 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 Contactor shall be responsible for reel=ting 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 aggregatel cement, and mortar which ars to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials. C5-5 . 13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored so as to insure the preservation of the duality 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 CS-5 (6) ground, and shall be placed ander cover when directed. Stored materials shall be placed and located so as to facilitate orom-at ins'ection: ' • CS-5 .14 EXISTING STRUCTURES AND UTILITI7S: The location r-id dimensions shown on the Plans relative .to existing utilities are based on the best information available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas :rains, :rater Brains , conduits , sewer lines and service lines for all utilities , etc . , is unknown to the Owner , and the Owner assumes no responsibility for failure to show any or all such structures and. utilities on the plans or to show th am in their exact location. I- is mutually agreed that such failure will not be consideted sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not mad= in the Contract Documents , in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractors responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing atilities , 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 existing utilities and their adjustment shall be considered as- subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosectuion of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance_ , shall be reaulred to: 1. Notify the Water Department ' s Distribution ' Division as to location , time , and schedule of service interruption. CS-5 (7) " ® ?. rsonally through Notify each custotaer pe rasoonsihle personnel as to time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, aepreoared tag form shall be attached to the customer ' s entrance door knob . The tag shall be durable in composition, and in large bold type shall say: "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer). 'service will be inter- rupted on between the hours of and This inconvenience will be as short as possible. Thank you, Contractor p • Address Phone - b. Emergency: In the event that an unforeseen service interruption occurs , notice shall be as abov=_ ,but immediate. CS-3 . 15 MUTUAL RESPONSIBILITY OF CONTRACTORS : If , through acts or neglect on the part of the Contractor , any other Contractor or any sub-contractor shall suffer loss or damice on the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub-contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor , who shall indemnify and save harmless the Owner against any such claim. CS-5 . 17 CLEAN-IIP: 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 the satisfaction of the Engineer. Twenty-fours fours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer , if the Contractor fails to correct the i CS-5 (8) 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 t- �^St5 Of such direct action , plus 25% Of such costs , shall be deducted from monies due or to become due to the Contract--r. 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. =e shall l=ave the site o,f all work in a neat and orderly condition equal to' that which originally existed. Surpius and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. Th:e Contractzr shall thoroughly cl=an 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— 05-5 .18 FINAL INSPECTION: whenever the work provided for in and contemplated under the Contract Documents has been, satisfactorily completed and final cleanup performed, the Engineer will notify the proper officials of the Owner and request that the Final inspection be made . Such inspection will be .made within 10 days after such notif ication . After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council . No time charge will be made against the Contractor between said date of notification of the Engineer and the date of` final inspection of the work. CS-5 (9 ) '-` ?ART C - G :'NE?-kLL CONDITIONS C6-6 LEGAL RELATIOtvS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC rL7_-SPONS I3ILITY C6-6.1 LAWS TO 3E OBSERVED: The Contractor shall at all times observe 'and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations , and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be*'considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers , agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6 .2 PERMITS AND LICENSES: - The Contractor shall procure all permits and licenses , pay all charges , costs and fees , and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6 . 3 PATENTED DEVICES , MEXTERIALS AND PROCESSES : If the Contractor is required or desires to use any design, device , material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from patents , trade-marks, and copy rights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such ®„ patented design , device , material or process , or any trade-mark or copy right 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 by the design , type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. - C6-6 (1) C6-6 . 4 SANITARY ?ROyISIONS : 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 the Contractor .. All such facilities shall be kept in*.a clean and sanitary condition, free from objectionable' odors to 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 SA:RTY AND CONVENIENCE: Materials or equipment stored about the work shall 'be so placed and used, and the work shall at all times b: so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. =ne Contractor is required to maintain at all times all phases of his work in such a manner as not to imaair the safety or convenience of tee public, including, but not limited to, safe and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations , at all driveway crossings . Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as aozropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer . If diversion of traffic is approved by the. Engineer at any location, the Contractor shall rake arrangements satisfactory to the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic, and shall , at his own expense, provide all materials and perform all work necessary For the construction and maintenance of roadways and bridges for such diversion of traffic. . Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes , police call boxes , water valves , C6-6 (2) • gn.• gas valves , or manholes in the vicinity. The O-•rner 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 done or materials furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor. The Contractor , after approval of the Engineer, shall notify the Fir= Department E;adquarters, 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 Fir= Department Headquarters when all such obstructed streets , alleys, or hydrants are again placed baak 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. The Contractor shall at all times conduct his operation and damage the use of construct machinery` so as not to dams or destroy trees and shrubs 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 s ettlement 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 , MLLEYS , 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 iri the ordinances of the City, as shown in the Contract Documents , or as may be specifically authorized in writing by the Engineer . A reasonable amount of tools , materials , and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations . Excavated and waste materials shall be piled or stacked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railway tracks, the work shall be C6-6 (3) carried on in such manner • as not to interfere with the operation crf trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon' the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work . Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. _ C6-6 . 7 RAILWAY CROSSINGS :. When the work encroaches upon any right-of-way of any. railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed , the Co'ntra_ctor shall observe all the regulations and instructions -Pf the railway company as to the methods of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be-done by and through the City. The Contractor shall give the City notice not less than five 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 or additional compensation for such railway crossings unless specifically set forth in the Contract Documents . C6-6 . 8 BARRICADES , WARNINGS AND WATCE�N: Where the work is 4'} carried on in or a acent to any street', alley , or public rY place, the Contractor shall at 'his own expense furnish, erect, and maintain such barricades , fences , lights and danger signals , shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will b: visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen. and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with the provisions set forth in 'the "1980 Texas Manual- on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways" , codified as Article 6701d Veron's Civil Statutes, pertinent sections being Section Nos. 27 , 29 , 30 and 31. C6-6 (4) 4 The Contractor will not 'remove any regulatory sign , instructional sign, street name sign, or other sign which has been erected by the City. IL i= 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 8780'-3075 ) , 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 perran=nt sign shall be left in place until the temporazy sign requirements are met: When construction work is completed to the extent that the i permanent sign can be r_-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible for all damage to the work or the public due to failure of barricades , signs , fences , lights , or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer mraay order the damaged portion inciediately removed and replaced by the Contractor at the Contractor ' s own expens 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 acceptad by the Owner. No compensation , except as specifically provided in these Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing , providing, and maintaining of barricades , signs , fences , 'and lights or for salaries of watchmen , for the subsequent removal and disposal of such barricades , signs , or for any other incidentals necessary for the proper protection, safety, and „ convenience of the public duringthe 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 , DRO? WEIGHT , ETC. : Should the Contractor elect to use explosives, drop weight, etc . , in tae 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