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Home My WebLink AboutContract 26647 CITY SECRETARY 40000e D.O.E. FILE CONTRACTOR'S SPP~ATIONS ANI) CONTRACT CONSTRUCTION'S COPY DOCUMENTS FOR 73q CLIENT DEPARTMENT Sanitary Sewer Rehabilitation Contract XL VI (46) CONTRACT TANO.Y „ Part 2 DOE NO. 2713 Sewer Main Replacement Sewer Project No. PS58-070580172920 in the City of Fort Worth, Texas 2000 i BOB TERRELL KENNETH BARR City Manager Mayor DALE A. FissELER,P.E. Director R Water Department Huco A.MALAINCA,P.E. A. DoucLAs RADEMABER, P.E. Director Director Transportation and a artment ofEngineering ■ Public Works ORKIA VIKI-0 I cciff Kl"Cla 01 Gutierrez, Smouse, Wilmut&Assoc., Inc. 3950 Fossil Creek Blvd. Suite 210 Fort Worth, Texas 76137 rAu i z to Date City of Fort Worth, Texas 4Valjor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 3/27/01 **C-18516 1 30) 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO WILLIAM J. SCHULTZ INC. D/B/A CIRCLE "C" CONSTRUCTION COMPANY FOR SANITARY SEWER REHABILITATION CONTRACT XLVI46 , PART 2 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to transfer $508,482.00 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of$508,482.00 from available funds; and 3. Authorize the City Manager to execute a contract with William J. Schultz, Inc. d/b/a Circle "C" )Construction Company in the amount of $453,482.00 for Sanitary Sewer Rehabilitation Contract XLVI (46), Part 2. DISCUSSION: On August 12, 1997 (M&C C-16214), the City Council authorized the City Manager to execute an engineering agreement with Turner, Collie & Braden, Inc. to prepare plans and specifications for the reduction of inflow/infiltration in the sanitary sewer Main BR and 279 drainage area. The agreement was subsequently amended to include the preparation of plans and specifications for Sanitary Sewer Rehabilitation Contract XLVI (46). The project consists of the replacement of the following sanitary sewer laterals: • L-3287 Beginning from the Ramey Avenue/Hughes Street intersection westerly 550 feet, then northerly 800 feet; and • L- "A" Located in the alley between Kemble Court on the north and Normandy Road on the south from Ederville Road, easterly 780 feet; and • L-3059 Located in the alley between Corto Avenue on the south and Plymouth Avenue on the north, westerly from Acacia Street 727 feet to Trail Lake; and • L-1122 Located in the alley between Bryce Avenue on the north and Byers Avenue on the south from Eldridge Street westerly 447 feet to Pentecost Street, then southerly 351 feet to Collinwood Avenue. The proposed improvements consist of the replacement of approximately 4,540 linear feet of 8-inch sewer pipe. The project was advertised for bid on December 21 and 28, 2000. On January 18, 2001, the following bids were received: City of Fort Worth, Texas IM01yor And CouncilCommunicalflon DATE REFERENCE NUMBER LOG NAME PAGE 3/27/01 **C-18516 30XLVI 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO WILLIAM J. SCHULTZ INC. D/B/A CIRCLE "C" CONSTRUCTION COMPANY FOR SANITARY SEWER REHABILITATION CONTRACT XLVI (46), PART 2 Bidder Amount Time of Completion William J. Schultz Inc. d/b/a Circle "C" $453,482.00 90 Calendar Days Construction Company Conatser Construction, Inc. $486,559.50 Southern Paradise Construction, Inc. $499,917.00 Southland Contracting, Inc. $530,603.30 Kebo Services, Inc. $542,719.50 R. A. Development, Inc. $592,621.50 Stocker Enterprises, Inc. $596,857.00 Cleburne Utility Construction Company, Inc. $609,249.50 Burleson Utilities, Inc. $632,426.00 Hall-Albert Construction Company $657,884.50 Sherman Hudson Utility Construction Company $667,121.35 Jackson Construction, Ltd. $681,087.75 In addition to the contract cost, $32,000.00 is required for inspection and survey and $23,000.00 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 18% M/WBE participation. The City's goal on this project is 18%. The project is located in COUNCIL DISTRICTS 3, 5, and 9, Mapsco 75F, 78R, 79A and 89H. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendation No. 1, and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Sewer Capital Project Fund. MG:k Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 1&2)PS58 472045 070580172920 $508,482.00 APPROVED Mike Groomer 6140 2)PS58 541200 070580172920 $476,482.00 CITY COUNCIL Originating Department Head: 2)PS58 531350 070580172920 $ 32,000.00 A.Douglas Rademaker 6157 (from) MAR 27 2001 3)PS58 541200 070580172920 $453,482.00 Additional Information Contact: 1)PE45 538070 0709020 $508,482.00 t7�i City Secretary of the A.Douglas Rademaker 6157 City of Fort Worth,Texas - n,1,.,.}nrl (Zp�innnna Alm I�L,iZ(1 SANITARY SEWER REHABILITATION CONTRACT XLVI (46) SEWER PROJECT NO. PS58-070580172920 PART 2 DOE NO. 2713 SEWER MAIN REPLACEMENT CITY OF FORT WORTH, TEXAS TARRANT COUNTY, TEXAS 2000 I hereby state that these Contract Documents were prepared under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Texas Ie--r "��U"W,])r'-3QW �2u C, . r Date: Registration No. 76 of TFC a................................. pTHELMA FLORES BOXO p............................. s, . 76346 a °,r'•• cis TE ,�/�.�•� (810 7l0o SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Sanitary Sewer Rehabilitation Contract XL VI (46) Part 2 DOE NO. 2713 Sewer Main Replacement Sewer Project No. PS58-070580172920 in the City of Fort Worth, Texas 2000 BOB TERRELL KENNETH BARR City Manager Mayor DALEA.FissELER,P.E. Director Water Department HUGOA.MALANGA,P.E. A. DOUGLASRADEMAKER, P.E. Director Director Transportation and Department of Engineering Public Works S/Ld Gutierrez, Smouse, Wilmut&Assoc., Inc. 3950 Fossil Creek Blvd. Suite 210 Fort Worth, Texas 76137 Gird{ C Contractor ,soo w T o Street Address City & State 0/7 Z 93 /A63 Telephone .P17 293 i9 S' 7 Fax cis c l c �D mss, coni e-mail CONTRACT DOCUMENTS SANITARY SEWER REHABILITATION CONTRACT XLVI (46) SEWER PROJECT NO. PS58-070580172920 PART 2 DOE NO. 2713 SEWER MAIN REPLACEMENT CITY OF FORT WORTH, TEXAS TARRANT COUNTY, TEXAS GUTIERREZ, SMOUSE, WILMUT&ASSOC., INC. 3950 FOSSIL CREEK BLVD. SUITE 210 FORT WORTH, TEXAS 76137 2000 CONTRACT DOCUMENTS TABLE OF CONTENTS SECTION A Notice to Bidders Detailed Notice to Bidders Special Instructions to Bidders SECTION B M/WBE Specifications Proposals Quantities Bid Proposal Documents SECTION C General Conditions SECTION C1 Supplementary Conditions SECTION D Special Conditions SECTION E Additional Special Conditions SECTION F Easement Documents SECTION G Certificate of Insurance Performance Bond Payment Bond Maintenance Bond Contractor Compliance With Worker's Compensation Laws SECTION H Contracts SECTION I Fort Worth Standard Figures Soil Borings NOTICE TO BIDDERS Sealed proposals for the following: FOR: SANITARY SEWER REHABILITATION CONTRACT XLVI(46) PART 2-DOE NO. 2713 SEWER PROJECT NO. PS58-070580172920 SEWER MAIN REPLACEMENT The Major items of work on the above project are: PART 2, DOE#2713: 2,298 L.F. 8" PVC sanitary sewer pipe(all depths), by open cut 417 L.F. 8" DIP sanitary sewer pipe, by other than open cut 338 L.F. 8" DIP sanitary sewer pipe(all depths), by open cut 1,492 L.F. 6"to 8"HDPE sanitary sewer pipe, by pipe enlargement 221 L.F. 12"to 10" HDPE sanitary sewer pipe, by pipe enlargement 23 Ea. Install new standard 4'diameter manholes 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., January 18, 2001, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering in the Municipal Office Building at 1000 Throckmorton Street. One set of documents will be provided to prospective bidders for a deposit of Forty Dollars ($40.00); such deposit will be refunded if the document is returned in good conditions within ten (10) days after bids are opened. Additional sets may be purchased on a non-refundable basis for Forty Dollars($40.00) per set. These documents contain additional information for prospective bidders. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. No Pre-Bid Conference will be held for this project. Bidders shall not separate, detach, or remove any portion, segment(s), or sheets from the contract documents at any time. Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of bid as non-responsive. For additional information concerning this project, please contact, Mrs. Thelma Flores Box, P.E., Gutierrez, Smouse, Wilmut & Assoc., Inc. at (817)306-1444, or Mr. Mike Domenech, P.E., Project Manager at(817) 871-6826. Advertising Dates: December 21, 2000 December 28,2000 Fort Worth, Texas 1 DETAILED NOTICE TO BIDDERS Sealed proposals for the following: FOR: SANITARY SEWER REHABILITATION CONTRACT XLVI (46) PART 2-DOE NO. 2713 SEWER PROJECT NO. PS58-070580172920 SEWER MAIN REPLACEMENT 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. January 18, 2001, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Plans, Specifications and Contract Documents 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 documents will be provided to prospective bidders for a deposit of Forty dollars ($40.00). All bidders will be required to comply with Provisions 5159a of"Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400, prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. The Major items of work on the above project are: PART 2, DOE#2713: 2,298 L.F. 8" PVC sanitary sewer pipe(all depths), by open cut 417 L.F. 8" DIP sanitary sewer pipe, by other than open cut 338 L.F. 8" DIP sanitary sewer pipe(all depths), by open cut 1,492 L.F. 6"to 8" HDPE sanitary sewer pipe, by pipe enlargement 221 L.F. 12"to 10" HDPE sanitary sewer pipe, by pipe enlargement 23 Ea. Install new standard 4'diameter manholes Included in the above will be all other miscellaneous 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 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 Department of Engineering at(817) 871-7910. Any contract or contracts awarded under this Notice to Bidders are expected to be funded in part by a loan from the Texas Water Development Board. This contract is contingent upon release of funds from the Texas Water Development Board. Neither the State of Texas nor any of its departments, agencies, or employees is or will be a party to this Detailed Notice to Bidders or a resulting contract. 1 • Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of the bid as non-responsive. In accordance with the 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. The bidder shall submit the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("Documentation"), as appropriate. The Documentation must be received by the contracting department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the contraction department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. This project will be managed and administered by the Wet Weather Management Program Office of the Department of Engineering. For additional information, please contact Mrs. Thelma F. Box, P.E., Gutierrez, Smouse, Wilmut&Assoc., Inc. at(817)306-1444 or Mr. Mike Domenech, P.E., Project Manager at(817)871-6826. BOB TERRELL CITY MANAGER GLORIA PEARSON CITY SECRETARY A. Douglas Rademaker, P.E., Director DEPARTMENT OF ENGINEERING By: o/1/141 Rick Trice, P.E. Manager, Consultant Services ADVERTISING DATES: December 21, 2000 December 28, 2000 Fort Worth, Texas 2 SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT) 1. PRI QUALIFICATION REQUIREMENT: All Contractors submitting bids are required to be prequaiified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the Contractor. It is the bidders'responsibility to submit the following documentation:a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary,to the Director of the Water Department at least seven (7)calendar days prior to the date of the opening of bids. (a) 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 financial status of the submitting company. This statement must be current and not more than one(1)year old. In the case that a bidding date falls within the time a new statement is being prepared,the previous statement shall be updated by proper verification. (b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. (c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. (d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. (e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. (f) Any proposal submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. (g) The City will attempt to notify prospective bidders whose qualifications (financial or experience)are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 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 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, Reference C3-3.7. SI-1 ' 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 the reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601 g, Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a 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. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If a bid amount is less than $25,000.00,the contract amount shall be paid within forty- five (45)calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy ('Policy')of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors while engaged in performing this contract, shall, in connection with the employment,advancement or discharge of employees in connection with the terms,conditions or privileges of their employment,discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, ' subcontractors,program participants,or persons acting on their behalf shall specify, in solicitations or advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its 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 the ADA's SI-2 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 Policy concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with the City of Fort Worth Ordinance, No. 13471, as amended by Ordinance, No. 13781, the City of Fort Worth has goals forthe participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER 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 the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid nonresponsive. Upon request,Contractor agrees to provide the Ownercomplete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Women Business Enterprise(WBE)on the contract and payment thereof. 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 Contractorwill be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements. Further, any such misrepresentation (other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three(3) years. Revised 7/31/98 SI-3 SECTION B -PROPOSAL PART 2 TABLE OF CONTENTS M/WBE Documents Proposal Quantities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61-6 Bid Proposal Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67-8 ATTACHMENT 1; rt City of Fort Worth M"T OF Page 1 of; Minority and Women Business Enterprjq�a Specilkivotows MBE/WBE UTILIZATKC y JON 24 RM 9 .05 cl, ric PRIMECOMPA NAME IND DATE C}IECTNAME PROJECT NUMBER 'S M/WBE PROJECT GOAL: J G> MAVBE PERCENTAGE ACHIEVED: 1=ailure to complete this form, in its entirety with supporting documentation, and received by the Managing epartment on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will suit in*the bid being considered non-responsive to bid specifications. The undersigned bidder agrees to enter intoa formal agreement with the MBE and/or WBE firms for work listed in'this lis hedule, conditioned. upon execution of.a contract with the City of Fort Worth. The intentional and/or knowing representation 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(*) z-, U OG u ` FLA Z -&a �4j 0, 13605 fir, C J� 'lrry •n 6 r A04-AM Sct� N q o ck MJWBEs must be located In the 9(nine)county marketplace or currently doing business In the marketplace at the time of bid. M 3peclty all areas In which MWBE's are to be utilized and/or items to be supplied: A complete Ilsting of items to be supplied Is required In order to receive credlt toward the MNVBE goal. 40entlfy each Tier level. Tier.Means the level of subcontracting below the prime contractor/consultant,I.e.,a direct payment from the prime contractor to a subcontractor Is considered 1"tier,a payment by a subcontractor to Its supplier Is considered Y''tier. ss .,IS 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.GIV98 ATTACHMENT Page 2 of 2 City of Fort Worth z� Minority and Women Business Enterprise Specifications t is MBE/WBE UTILIZATION ompany Name, Contact Name, Certlfled Specify All Contracting Specify All Items to be Dollar Amount F Address, and Telephone No. y Scope of Work(•) Supplied(') �s L) a x 4 1 500 / �- `l-�S60 3 i Didder further agrees to provide, directly to the City upon request, complete and accurate information regarding al work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid. bidder also agrees to allow an audit and/or examination of any books, records and riles held by their company will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized !r or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for -= r4ating the contract or debarment from City work for a period of not less than three (3) years and for initiating under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and �s a material breach of contract may result in a determination of an irresponsible offeror and barred from } 1pating in City work for a period of time not less than one (1)year. ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD ryl ed Signage Printed Signature Contact Name and Title (if different) y Ngane Telephone Number(s) S Fax Number , Te/Zip Code Date 'ORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 6:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID,r 1 OPENING, EXCLUSIVE OF THE BID OPENING DATE R: Rov.Nl1fa8 , PROPOSAL TO: Mr. Bob Terrell City Manager Fort Worth, Texas FOR: SANITARY SEWER REHABILITATION CONTRACT XLVI (46) PART 2 -DOE No. 2713 SEWER PROJECT NO. PS58-070580172920 Pursuant to the foregoing "NOTICE TO BIDDERS", the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor,equipment and materials necessary to fully complete all the work as provided in the plans and specifications and subject to the inspection and approval of the Director, Department of Engineering of the City of Fort Worth. Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish Performance, Maintenance Bond,and Payment Bond approved by the City of Fort Worth for performing and completing the sewer construction work within the time stated and for the following sum, to-wit: SEWER MAIN REPLACEMENT-CONTRACT XLVI (46), PART 2 PAY APPROX DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QTY UNIT PRICES WRITTEN IN WORDS PRICE BID 1. 2 EA Abandon existing sanitary sewer manholes .t Dollars 00 p(j and /!2D Cents per EA $ 3Do $ GQQ 2. 15 EA Remove existing sanitary sewer manholes .a yLDollars 00 00 and ey,110 Cents per EA $ 0/00 $ 3. 2 EA Utility Pre-Construction D-Hole V&n Dollars 00 00 and 1"d Cents per EA $ 30G $ G Q p 4. 19 EA Standard 4-f o diameter SSSM'H (to 6-foot depth) Dollars oG 00 and _91 C Cents per EA $ 1060 $ ZZ,POO 5. 12 VF Extra depth for 4-foot diameter SSMH Dollars ed o a and fit! Cents per VF $o_ $ 940 B-1 PAY APPROX DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QTY UNIT PRICES WRITTEN IN WORDS PRICE BID 6. 3 EA Standard 4-foot diameter si gle drop SSMH (to 6-foot depth) p7-U Ov7 06 -4.44r VOL.. zi1w eO Dollars and Cents per EA $ 1600 00$ yf O 00 7. 17 VF Extra depth for 4-foot diameter single drop SSMH O+-p.t ollars and Cents per VF $ /Zo $ t0 4/40 � G 8. 1 EA Standard 4-foot diameter do ble drop SSMH (to 6-foot depth) one ov» ze Tyr. onIA-A �_Dollars 00 o O and /ntJ Cents per EA $ O $ 9. 1 VF Extra depth for 4-foot diameter double drop SSMH 00?u VILY7 A:A I ip Dollars 00 o G and /riv Cents per VF $ $ 10. 1 EA Wastewater Access Device Dollars O0 00 and Ce7 per EA $ 35-0 $ J5_0 11. 24 EA Concrete Collar for SSMH O Dollars lJ J 00 a G and /19th Cents per EA $ ?S-0 $ GDDO 12. 23 EA Watertight manhole insert for SSMH Dint 444.,n 44 ge, Dollars 00 00 and /7"r?i Cents per EA $ /Q O $ 2,?0 0 13. 1 EA Reconnect 8-inch to existing drop,SSMN 0-ma �s..e eirf C� Dollars and Cents per EA $ /QO D 900 /000 00 14. 417 LF 8-inch DIP Class 51 sanitary sewer pipe by other than open cut ,thio Z40ry jle4.0 01 Dollars and IVWO Cents per LF $ Z0.0 $ a� YD0 B-2 PAY APPROX DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QTY UNIT PRICES WRITTEN IN WORDS PRICE BID 15. 2,298 LF '8-inch PVC sanitary sewer pipe(all depths) Dollars and d Cents per LF $4117 3 Z3 S� $ 1003 o D 16. 338 LF 8-inch DIP Class 51 sani ry sewer pipe(all depths) Dollars OG and irao Cents per LF $ Pp $ yG y O D 17. 1,492 LF "6-inch to 8-inch sanitary sewer rehab by pipe enlargement Dollars OD OD and /rite Cents per LF $ 38 $ 18. 221 LF ""12-inch to 10-inch sanitary sewer rehab by pipe enlargement Dollars and Cents per LF $ 4/0 o Cr $ oaf yG o 0 19. 60 LF '8-inch PVC sanitary sewer pipe by Short Bore ' Dollars — 0 d 00 and /hp Cents per LF $ $ y8 D D 20. 195 LF Sag adjustment for pipe enlargement J1.aw.t Dollars ad _ 00 and Cents per LF $ $ 21. 40 EA 4-inch PVC sanitary sewer service taps to PVC pipe tl Dollars p0 o d and i Cents per EA $ ZQ0 $ 22. 1,103 LF •4-inch PVC sanitary sewer service lines • '~" " Dollars po OD and .0>b Cents per LF $ l+G $ 23. 32 EA 4-inch PVC sanitary sewer service taps to HDPE pipe • Dollars 00 00 and tet) Cents per EA $ ,�QQ $ 14 QQ Q '8 Contractor must complete City Approved Product and Method Form on Page B-6 ' B-3 PAY APPROX DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QTY UNIT PRICES WRITTEN IN WORDS PRICE BID 24. 17 EA Two Way Lateral Cleanout(non-traffic areas) ZoryeidDollars 0000 and OV+r, Cents per EA $ ?5-0 $ S9iS p — 25. 24 EA Two Way_Lateral Cleanout(high traffic areas) ssNe�a/� Dollars 00 o p and Cents per EA $ $ /0800 26. 613 LF Concrete curb and gutter replacement ..� Dollars and Cents per LF $ o $ 27. 2,348 LF Permanent asphalt pavement repair per Fig.4 .1.r.+0.•�4� Dollars # v o G 00 and __J"00 Cents per LF $ $ S 2 dl I/ 28. 8 LF 4-inch/concrete driveway&sidewalk repair ..tel SAM -41�' Dollars and &M2 Cents per LF $ �/s^ o o $ r 29. 1 TN DIP fittings forsewer pipe —46404400 ar, W. n V&Sfidt A&e w Dollars o O 00 t and .eHt) Cents per TN $ 2 20 D $ Z Z O D 30. 4 EA Cut& Plug Existing sanitary sewer pipe _ oasol Dollars 00, 00 o G and ,pro Cents per EA $ 5-00 $ ZOO O = 31, 1,935 LF Pre-construction TV inspection of sanitary sewer .460" Dollars and d2ig Cents per LF $ J? 00 $ .5-000 S- O O 32. 4,795 LF Post-construction TV inspection of sanitary sewer Dollars ap and A~ Cents per LF $ Z $ 95-90 loci 33. 23 EA Vacuum test SSMH ,M. Z. W 44/, 144 Dollars D D G and Atd Cents per EA $ $ B-4 PAY APPROX DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QTY UNIT PRICES WRITTEN IN WORDS PRICE BID 34. 2,563 LF Trench safety system for trenches(depth>5') O'pw Dollars 00 oG and trate Cents per LF $ / $ t,s"G c7 35. 1 EA 5-foot Storm Drain Pet&Box Structure 4..t ae j a/ Dollars sa 00 and Cents per EA $ 35100 $ 3.-0 Q 36. 174 SY 4-inch top soil 402 Dollars _ O� 00 and Cents per SY $ s $ '070 37. 358 LF Solid sod/replacement ewe Dollars 00 O and / Cents per LF $ S $ 1 7 Q0 TOTAL SEWER MAIN REPLACEMENT e It is understood and agreed by the undersigned that the Owner reserves the unrestricted privilege to reject any or all the foregoing unit prices in this paragraph which it may consider excessive or unreasonable, or to accept any or all of them as unit prices applicable in the event additions to or deductions from the work to be performed on this project are ordered by the Owner. Rejection at any time of such Unit Prices for construction changes shall not otherwise affect the balance of the Bid or Construction Contract. B-5 CITY APPROVED PRODUCT * AND APPROVED METHOD ** FORM *CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED Standard Spec No. Size EI-31 4" through 30" EI-25 4" through 15" EI-27 4" through 15" EI-28 18" through 27" E100-2 18" through 48" Consult with "City of Fort Worth, Texas Standard Product List" to obtain the Generic/Trade Name and the Manufacturer for the pipes listed above. *`CONTRACTOR SHALL SELECT PIPE ENLARGEMENT METHOD TO BE USED AND PROVIDE NAME OF SUBCONTRACTOR FOR INSTALLATION PIM Method Name of Subcontractor if Applicable T.R.S. System Name of Subcontractor if Applicable McConnell Method Name of Subcontractor if Applicable Expanded System Name of Subcontractor if Applicable Note: Only tee service connections will be allowed. Failure to provide the information required above may result in rejection of bid as non-responsive. Only products listed above will be allowed for use in this project. Any substitutions shall result in rejection of bid as non-responsive. B-6 BID PROPOSAL Sanitary Sewer Rehabilitation Contract XL VI(46) Part 2-Department of Engineering No. 2713 Sewer Main Replacement Plan Sheets 3 thru 15 It is understood and agreed by the undersigned that the Owner reserves the unrestricted privilege to reject any or all the foregoing unit prices in this paragraph which it may consider excessive or unreasonable, or to accept any or all of them as unit prices applicable in the event additions to or deductions from the work to be performed on this project are ordered by the Owner. Rejection at any time of such Unit Prices for construction changes shall not otherwise affect the balance of the Bid or Construction Contract. The selection of the lowest responsive bid shall be based on the total amount bid. Only products or methods listed on the Current Approved Product List for City of Fort Worth Water Department Projects will be allowed for use on this project. Approved product lists are available from the City of Fort Worth Department of Engineering. Within ten(10)days after acceptance of the Proposal,the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth,Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. 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 the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20-04(F)of the Texas Limited Sales, Excise and Use Tax Act. All equipment and materials not consumed by or incorporated into the project construction,are subject to State sales taxes under house Bill 11,enacted August 15, 1992. The successful Bidder shall be required to complete the attached Vendor Compliance to State Law at the time of executing the contract. The undersigned agrees to begin construction within ten (10) calendar days after issuance of the Work Order, and to complete all work covered by this Proposal within Ninety(90) calendar days from the date of the Work Order. (COMPLETE A OR B BELOW AS APPLICABLE:) A. The principal place of business of our company is in the State of Non resident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders of state law, a copy of statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B-7 B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Receipt is acknowledged of the following addenda. It is also acknowledged that these addenda have been considered in this bid proposal. Addendum No. 1 Addendum No. 2 Addendum No. 3 Respectfully submitted, I'),M,a,.. 9-SA..0 .rti, LLn 6 4 C.ec /.#* /i4 C CO/9.r rc. c o n (SEAL) By: If Bidder is a Corporation Q Date: / - /B - o i Title !°n Sox Yo 8 Z p Address A'o. / �o. fl, , Ar/y o City/State P7 293 /Pa .? Telephone 60.17 ?93 19S-7 Fax circ% c19~17. co," e-mail B-8 PART C - GENERAL CONDITIONS w TABLE OF CONTENTS NOVEMBER, 1, 1987 M TABLE OF CONTENTS C1-1 DEFINITIONS C1-1.1 Definition 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 C1-1 (3) C1-1.13 City Council C1-1 (3) C1-1.14 Mayor C1-1 (3) C1-1.15 City Manager C1-1 (3) C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works C1-1 (4) C1-1.18 Director, City Water Department C1-1 ( 4) C1-1.19 Engineer C1-1 (4) C1-1. 20 Contractor C1-1 (4) C1-1.21 Sureties C1-1 (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 C1-1 (5) C1-1.27 Change Order C1-1 (6 ) C1-1. 28 Paved Streets and Alleys C1-1 (6 ) C1-1.29 Unpaved Streets and Alleys C1-1 (6 ) C1-1. 30 City Streets C1-1 (6 ) C1-1.31 Roadway C1-1 (6) C1-1.32 Gravel Street C1-1 (6 ) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2. 2 Interpretation 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 ) (1) C2-2. 7 Delivery of Proposal C2-2 (4 ) C2-2. 8 Withdrawing Proposals C2-2 ( 4 ) C2-2. 9 Telegraphic Modification of Proposals 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 (4) C3-3.12 Contractor ' s Obligations C3-3 (7) C3-3.13 Weekly Payroll C3-3 (7) C3-3.14 Contractor 's Contract Administration C3-3 (7) C3-3.15 Venue C3-3 (8) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents 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) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5. 2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (2) C5-5. 4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work C5-5 (3) C5-5.6 Field Office C5-5 (3) C5-5 .7 Construction Stakes C5-5 (3) C5-5.8 Authority and Duties of Inspectors C5-5 (4) C5-5.9 Inspection C5-5 (5) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (5) C5-5.11 Substitute Materials or Equipment C5-5 (5) C5-5.12 Samples and Tests of Materials C5-5 (6) C5-5.13 Storage of Materials C5-5 (6) C5-5.14 Existing Structures and Utilities C5-5 (7) C5-5.15 Interruption of Service C5-5 (7) C5-5.16 Mutual Responsibility of Contractors C5-5 (8) C5-5 .17 Cleanup C5-5 (8 ) C5-5.18 Final Inspection C5-5 (9 ) (2 ) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C6-6 (1) C6-6. 2 Permits and Licenses C6-6 (1) C6-6. 3 Patented Devices, Materials and Processes C6-6 (1) C6-6. 4 Sanitary Provisions C6-6 (2) C6-6.5 Public Safety and Convenience C6-6 (2) C6-6. 6 Privileges of Contractor in Streets, Alleys, and Right-of-Way C6-6 (3) C6-6. 7 Railway Crossings C6-6 (4 ) C6-6.8 Barricades, Warnings and Watchmen C6-6 (4) C6-6. 9 Use of Explosives, Drop Weight, etc. C66 (5 ) C6-6.10 Work Within Easements C6-6 (6) C6-6.11 Independent Contractor C6-6 (8 ) C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (8 ) C6-6.13 Contractor's Claim for- Damages C6-6 (10) C6-6. 14 Adjustment of Relocation of Public - Utilities, etc. C6-6 (10 ) C6-6.15 Temporary Sewer Drain Connections C6-6 (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) C6-6.18 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 C6-6 (12) C7-7 PROSECUTION AND PROGRESS C7-7. 1 Subletting C7-7 (1) C7-7. 2 Assignment of Contract C7-7 (1) C7-7. 3 Prosecution of the Work C7-7 (1) C7-7. 4 Limitations of Operations C7-7 (2) C7-7. 5 Character of Workman and Equipment C7-7 (2 ) C7-7. 6 Work Schedule C7-7 (3) C7-7.7 Time of Commencement and Completion C7-7 (4 ) C7-7. 8 Extension 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 Safety Methods and Practices C7-7 (13) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement of Quantities C8-8 (1) C8-8. 2 Unit Prices C8-8 (1) (3) C8-8 . 3 Lump Sum C8-8 (1 ) F C8-8. 4 Scope of Payment C8-8 (1 ) C8-8.5 Partial Estimates and Retainage C8-8 (2 ) C8-8.6 Withholding Payment C8-8 (3 ) C8-8.7 Final Acceptance C8-8 (3 ) C8-8.8 Final Payment C8-8 (3 ) C8-8. 9 Adquacy of Design C8-8 (4 ) C8-8.10 General Guaranty C8-8 (4 ) r C8-8.11 Subsidiary Work C8-8 (5 ) C8-8 .12 Miscellaneous Placement of Material C8-8 (5 ) C8-8.13 Record Documents C8-8 (5 ) c (4) PART C - GENERAL CONDITIONS C1-1 DEFINITIONS - SECTION C1-1 DEFINITIONS C1-1 . 1 DEFINITIONS OF TERMS : Whenever in these Contract Documents the following terms or pronouns in place of them are used , the intent and meaning shall be understood and interpreted as follows: C1-1 . 2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents , such as specifications , bonds , addenda , plans , etc . , which govern the terms and performance of the contract . These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS : The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow - (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E SPECIFICATIONS E1 White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) C1-1 (1 ) C1-1 . 3 NOTICE TO BIDDERS : All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1 . 4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal , which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1 . 5 BIDDER: Any person , persons , firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents , constitutes a bidder. - C1-1 . 6 GENERAL CONDITIONS : The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth ' s charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions , the latter shall take precedence and shall govern . C1-1 . 7 SPECIAL CONDITIONS : Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1 . 8 SPECIFICATIONS : The Specifications is that section 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 prompt and C1-1 (2) faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3.7 ) b. Payment Bond (see paragraph C3-3 .7) C. Maintenance Bond (see paragraph C3-3.7 ) d. Proposal 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 to 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 changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents , but they are a part of the Contract Documents just as though they were bound therein. C1-1 . 12 CITY : The City of Fort Worth , Texas , a municipal corporation, authorized and chartered under the Texas State Statutes , acting by and through its governing body or its City Manger , each of which is required by charter to perform specific duties . Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager . 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 MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas , or his duly authorized representative. C1-1 . 16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas , or his duly authorized representative. C1-1 (3) C1-1. 17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred 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 Water 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 contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. C1-1 . 21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the C ontractor . 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. - C1-1. 23 WORKING DAY : A working day is defined as a calendar day, not including Saturdays, Sundays , and legal holidays , in w which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven ( 7 ) hours between 7 : 00 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 employees as follows : Cl-1 (4 ) 1. New Year ' s Day January 1 2 . M. L. King, Jr. Birthday Third Monday in January 3 . Memorial Day Last Monday in May 4. Independence Day July 4 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in November ti 8 . Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday 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 Association of MGD - Million Gallons Per State Highway Transportation Day Officials ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second LAW - In Accordance With ASTM - American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works % - Percentum Association R - Radius ASA - American Standards Association I.D. - Inside Diameter HI - Hydraulic Institute O. D . - Outside Diameter Asph. - Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. - Boulevard C - Centigrade CI - Cast Iron In. - Inch v CL - Center Line Ft. - Foot GI - Galvanized Iron St. - Street Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard MH - Manhole SY - Square Yard Max. - Maximum L.F. - Linear Foot D. I. - Ductile Iron C1-1 (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 quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders " shall be prepared by the City from information as necessary furnished by the Contractor. C1-1. 25 PAVED STREETS AND ALLEYS : A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural m unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment , not including an oiled surface , with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1. 29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other sur ace is any area except those defined above for "Paved Streets and Alleys. " C1-1. 30 CITY STREETS : A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1. 31 ROADWAY: The roadway is defined as the area between parallel lines two ( 21 ) feet back of the curb lines or four W ) feet back of the average edge of pavement where no curb exists. C1-1 . 32 GRAVEL STREET: A gravel street is any unpaved street to which hasbe-en added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. Cl-1 (6) a +mow SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2 . 1 PROPOSAL FORM: The Owner will furnish bidders with proposal . form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid -prices are requested. The Proposal form will state the Bidder ' s general understanding of the project to be completed, provide a space for furnishing the amount of bid security , and state the basis for entering into a formal contract . The Owner will furnish forms for the Bidder ' s "Experience Record, " "Equipment Schedule, " and "Financial Statement, " all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status . This statement must be current and not more than one (1 ) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount �. of ten ( 10% ) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received , and such experience must have been on projects completed not more than five ( 5 ) years prior to the 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 Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2 . 2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may Be listed in the proposal C2-2(1) w forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans . The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided , without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2 . 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all 'of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to 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 Owner. Bidders shall rely exclusively and solely upon their own estimates , investigation, research , tests , explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations , examinations and tests herein required. Claims for additional compensation due to variations between 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 PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices , written in ink in both words and numerals , for which he proposes to do the work contemplated or 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 proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association , or partnership, the name and address of each member must be given , and the proposal must be signed by a member of the firm, association , or partnership , or by a person duly authorized . If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given , and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2. 5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of wards or figures, additions not called for , conditional or uncalled for alternate bids , incomplete bids, erasures , or irregularities of any kind, or MP 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 returned promptly after the canvass of bids. C2-2( 3 ) C2-2 . 7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered , accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders . " It is the Bidder ' s sole responsibility to deliver the proposal at the proper time to the proper place . The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal. shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders. " The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2 . 8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a proposal must be made in writing , addressed to the City Manager , and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner , be returned unopened. C2-2 . 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the 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 filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders. " All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2. 11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions , alterations of form, additions , or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the 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 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3 . 1 CONSIDERATION OF PROPOSALS: After proposals have been opened and rea aloud, the proposals will be tabulated on the basis of' the quoted prices , the quantities shown in the proposal , and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3 . 2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request , complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman-owned Business Enterprise (WBE) on the - contract and the payment 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 WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal , state or local laws and ordinances relating to false statements; further , any such misrepresentation may be grounds for disqualification of Contractor at Owner ' s discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6 ) months. C3-3 . 3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. C3-3 (1) The Contractor shall post the required notice to that effect on the project site , and, at his request , will be provided R assistance by the City of Fort Worth ' s Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3 . 4 WITHDRAWAL OF PROPOSALS : After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five ( 45 ) days after the date on which the proposals were opened. C3-3 . 5 AWARD OF CONTRACT: The Owner reserves the right to withholdfinal action on the proposals for a reasonable time, not to exceed forty-five ( 45 ) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3 . 6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids , the Owner may , at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award . All other proposal securities , usually those of the three lowest bidders , will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3 .7 BONDS : With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND : A good and sufficient performance bond in 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) bond shall guarantee the payment for all labor , materials , equipment, supplies , and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND : A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , guaranteeing the prompt , full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. C. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract , as evidenced by the proposal tabulation or otherwise , guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas , 1925 , as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959 , effective April 27 , 1959 , and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS : Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth , Texas , and which is acceptable to the owner . In order to be acceptable, the name of the surety shall be included on the current O . S . Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3 ) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties , as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. • C3-3 . 8 EXECUTION OF CONTRACT: Within ten (10 ) days after the Owner has by appropriate resolution, or otherwise, awarded the contract., the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents . No contract shall be binding upon the owner until it has been attested by the City Secretary , approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3 . 9 FAILURE TO EXECUTE CONTRACT : The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10 ) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal , and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor , and it being impracticable and difficult to accurately determine the amount of damages 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 of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3 . 10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner . Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order", it is agreed that the Surety Company will , within ten ( 10 ) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. 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-contractors ' 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 coverage w of all sub-contractors. a. COMPENSATION INSURANCE : The Contractor shall maintain , during the life of this contract , Workers ' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors: In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers ' Compensation Statute, the Contractor shall provide adequate employer ' s general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contractor ' s • Comprehensive General Liability Insurance ( Public Liability and Property Damage Insurance) in an amount not less than $ 500 , 000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500 , 000 covering each occurrence on account of property damage with $2,000 ,000 umbrella policy coverage. C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies , and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability ( covers General Contractor ' s Liability for acts of sub-contractors) . 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation ( if excavations are to be performed adjacent to same) . 4. Damage to underground utilities for $500,000. C3-3 (5) 1 5. Builder ' s risk (where above-ground structures are involved) . ' 6. Contractual Liability ( covers all indemnification requirements of Contract) . d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain , during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $ 250 , 000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500 , 000 on account of one accident , and automobile property damage insurance in an amount not less than $100 ,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors , respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner . ( Sample attached. ) All insurance requirements made upon the Contractor shall apply to the sub- contractor , should the Prime Contractor ' s insurance not cover the sub-contractor ' s work operations. g. LOCAL AGENT FOR INSURANCE 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 ) City of Fort Worth, Tarrant County, Texas . Each such agent shall be a duly qualified, one upon whom { service of process may be had , and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged , may have against the Contractor , insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth-Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3 . 12 CONTRACTOR' S OBLIGATIONS : Under the Contract, the Contractor shall pay for all materials , labor and services when due. C3-3 . 13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all 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 payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract . Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3 . 14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person , persons , partnership , company , firm , association , corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area . The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent ) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other C3-3 (7) matter associated such as maintaining adequate and appropriate A insurance or security coverage for the project . Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor ' s principal base of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Contractor ' s assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable, by the Contractor ' s responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents . The intent of these requirements is that all matters associated with the Contractor ' s administration, whether it be oriented in furthering the work, or other, be governed 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 (8) M ■ PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4 . 1 INTENT OF CONTRACT DOCUMENTS : It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish , all in full compliance with the requirements and intent of the Contract Documents . It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment , special services , and incidentals necessary to the prosecution and completion of the project. C4-4 . 2 SPECIAL PROVISIONS : Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional A proposed work which is not covered by these Contract 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. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4 . 3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when 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 C4-4 (1) i 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 OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as. may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4 . 5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a "Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. C. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates ; ( 3 ) materials entering permanently into the project, and (4 ) actual cost of insurance , bonds , and social security as determined by the Owner , plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead , other profit, general and all other expense not included in (1 ) , ( 2 ) , ( 3 ) , and ( 4 ) above. The Contractor shall keep accurate cost records on the form and in the method C4-4 (2 ) suggested by the Owner and shall give the Owner access to all accounts , bills , vouchers , and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner . In case any orders or instructions , either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work , prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof , and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method ( Item C ) . Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five ( 5 ) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon 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 prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for ' extra work' whether or not iniitiated 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 the Owner ' s approval thereof , a "Schedule of Operations , " showing by a straight line method the date of commencing and finishing each of the major elements of the contract . There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There C4-4 (3 ) shall be presented also a composite graph showing the anticipated 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 prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities ( including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the. Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: 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 be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for .submittal review unless otherwise specified. The construction schedule shall as a minimum be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen (14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts , the construction schedule shall indicate the following procurements , construction and preacceptance activities and events in their logical sequence for equipment and materials. 1 . Preparation and transmittal of submittals. 2. Submittal review periods. 3 . Shop fabrication and delivery. 4 . Erection or installation. 5. Transmittal of manufacturer ' s operation and maintenance instructions. 6 . Installed equipment and materials testing. 7. Owner ' s operator instruction (if applicable) . 8 . Final inspection. 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 work force, the construction plant and equipment , the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. C4-4 ( 6) r .. PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5. 1 AUTHORITY .OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents . He shall decide all questions which arise as to the quality and acceptability of materials furnished , work performed , rate of progress of the work, overall sequence of the construction,' interpretation of the Contract Documents , acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents , supervision of the work, resumption of operations, and all other questions or disputes which may arise . Engineer will not be responsible for Contractor ' s means , methods , techniques , sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor ' s failure to perform the work in accordance with the contract documents. He shall determine the amount and quality of the work completed and materials furnished , and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract . The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters , the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. C5-5 . 2 CONFORMITY WITH PLANS : The finished project in all cases shall conform with lines , grades , cross-sections , finish , and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents . Any deviation from the approved Contract Documents required by I the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. I C5-5 (1) I C5-5 . 3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections , which , taken together , are intended to describe and provide for a complete ss and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies , figured dimension shall govern over scaled dimensions , plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents , and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents . In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5 . 4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contract shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer , his inspector , and other _ Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the - work. The Contractor shall provide and maintain at all times at the site of the project a competent , English-speaking superintendent and an assistant who are fully authorized to .. act as the Contractor ' s agent on the work . Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner , the Engineer , or his authorized representatives . Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor ' s agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to C5-5 (2) adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5 . 5 EMERGENCY AND/OR RECTIFICATION WORK: When , in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative , shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition . Such a response shall occur day or night, whether the project is scheduled on a calendar-day or on a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies , omissions , or corrections necessary to conform with the requirements of the project specifications or plans , the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request , or does not show just cause for not taking the proper action, within 24 hours , the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25% , from any funds due the Contractor on the project. I C5-5 . 6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer , if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed , well heated , air conditioned, lighted, and weather-proof , so that documents will not be damaged by the elements . C5-5 . 7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor 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. C5-5 (3 ) These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay . Such stakes or markings as may be established for the Contractor ' s use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer , any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees , the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. C5-5 . 8 AUTHORITY AND DUTIES OF CITY INSPECTORS : City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed - by the Contractor fails to fulfill the requirements of the Contract Documents , and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have 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 . He will in no case act as superintendent or foreman or perform any other duties for the Contractor , or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties . The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents , provided, however , should the Contractor object to any orders or instructions of the City Inspector.., the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. C5-5 (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 Engineer so requests , the Contractor shall , at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract •Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable , the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor ' s expense. No work shall be done or materials used without suitable supervision or inspection. C5-5 . 10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials , or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner . Work so done may be ordered removed at the Contractor ' s expense. Upon 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 SUBSTITUTE MATERIALS OR EQUIPMENT : If the Specifications , law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute , he shall, prior to the preconstruction conference , make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform 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 expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by - either of them from and against the claims , damages, losses and expenses ( including attorneys fees) arising out of the use of substituted materials or equipment. C5-5 . 12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents , tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall be in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials , unless otherwise specified , will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not , without specific written permission of the Engineer, use 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 the Owner. In case of concrete , the aggregates , design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contactor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete , using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials . C5-5 . 13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored so as to - insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the C5-5 (6 ) f ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5 . 14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities . The location of many gas mains , water mains , conduits , sewer lines and service lines for all utilities , etc . , is unknown to the Owner , and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents , in which case the provision in these Contract Documents for Extra Work shall apply.. R, 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 utilities , structures and service lines. Verification of existing utilities, structures and service lines shall include notification of all utility companies at least forty eight (48 ) hours in advance of construction including exploratory excavation if necessary . All verification of 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 required to: 1. Notify the Water Department ' s Distribution o Division as to location, time, and schedule of service interruption. I C5-5 (7) 2. Notify each customer personally through responsible 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, a prepared 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 Address Phone b. Emergency: In the event that an unforeseen service interruption occurs , notice shall be as above,but immediate. C5-5 . 16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If , through acts or neglect on the part of the Contractor , any other Contractor or any sub-contractor shall suffer loss or damage - on the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub-contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor , who shall indemnify and save harmless the Owner against any such claim. C5-5 . 17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the 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 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 the costs of such direct action, plus 25% of such costs , shall be deducted from monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents , and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials , temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright , clean , polished and new appearing condition . No extra compensation will be made to the Contractor for any clean-up required on the project. C5-5 . 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 notification . After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council . No time charge will be made against the Contractor between said date of notification of the Engineer and the date of f inal inspection of the work. C5-5 (9) PART C - GENERAL CONDITIONS 4 C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders , laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers , agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6. 2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6 . 3 PATENTED DEVICES MATERIALS AND PROCESSES: If the Contractor is required or desires to use any design, device, material , or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent , letter, or copyrighted design . It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from 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. r C6-6 (1) r ■ C6-6 . 4 SANITARY PROVISIONS : The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to ` prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor . The necessary sanitary conveniences for use of laborers on the work , properly secluded from public observation , shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor . All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6 . 5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shall at all times be so conducted , as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to 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 appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer 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 ) gas valves , or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention , after twenty-four hours notice in writing to the Contractor , save in cases of emergency when it shall have the right to remedy any neglect without notice , and in either case, the cost of such work 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 Fire Department Headquarters, Traffic Engineer, and Police Department , when any street or alley is requested to be closed 1 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 f apparatus . The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets , alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams , his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6 . 6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract , the Contractor will be permitted to use and occupy such portion& of the public streets and alleys , or other public places or other rights-of-way as provided for in the ordinances of the City , as shown in the Contract Documents , or as may be specifically authorized in writing by the Engineer . A reasonable amount of tools , materials , and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations . Excavated and waste materials shall be piled or 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 of trains, loading or unloading of cars , etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work . Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6. 7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed , the Contractor shall observe all the regulations and instructions of the railway company as to the 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 WATCHMEN: Where the work is carried on in or adjacent to any street , alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades , fences , lights and danger signals , shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" 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 ) The Contractor will not remove any regulatory sign , instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign N must be removed to permit required construction , the Contractor shall contact the Transportation and Public Works department , Signs and Markings Division ( phone number 8780-8075 ) , to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications , the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible for all damage to the work or the public due to failure of barricades , signs , fences , lights , or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor ' s own expense . The Contractor ' s responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation , except as specifically provided in these Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing , providing, and maintaining of barricades , signs, fences , and lights or for salaries of watchmen , for the subsequent removal and disposal of such barricades , signs , or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6 . 9 USE OF EXPLOSIVES , DROP WEIGHT, ETC. : Should the a Contractor elect to use explosives, drop weight, etc. , in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property . The Contractor shall notify the proper representative of any public service corporation , any company, individual , or utility, and the Owner, not less than twenty-four hours in C6-6 (5 )