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Contract 32599
CITY SECRE- CONTRACT 4�,3q SPECIAL CONTRACT DOCUMENTS FOR MEADOW LAKES LIFT STATION PROJECT CITY OF FORT WORTH PROJECT NO. P 174-070174013141 f F FORT WORTH 4110ir WATER �� plo, fix. RIG1 M, L City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/11/2005 - Ordinance No. 16647-10-2005 DATE: Tuesday, October 11, 2005 REFERENCE NO.: **C-21081 LOG NAME: 60MEADOW LAKES SUBJECT: Adopt Appropriation Ordinance and Authorize Execution of a Contract with G.P. Cooper Industries, Inc., d/b/a Cooper General Contractors for the Meadow Lakes Lift Station Project RECOMMENDATION: It is recommended that the City Council: A A 1.A A Authorize the transfer of$157,620.00 from the Retail Sewer Impact Fee to the Sewer Capital Project Funds; A A A A 2.A A Adopt the attached appropriation ordinance increasing estimated receipts and appropriation in the Sewer Capital Project Fund in the amount of$157,620.00 from available funds; and A A A A 3.A A Authorize the City Manager to execute a contract with G.P. Cooper Industries, Inc., d/b/a Cooper GeneralA Contractors in the amount of$617,000.00 for the Meadow Lakes Lift Station Project. DISCUSSION: Due to terrain, gravity wastewater service is not available to the proposed 70-acre Meadow Lakes Addition.A A The Meadow Lakes Addition is generally bound by Hodgkins Road to the west, Lakeside Street to the south, St. Thomas Place to the east and undeveloped land to the north.A A Under this project, Cooper General Contractors will install a wastewater lift station to serve the area, discharging into a proposed 6" diameter wastewater force main being constructed with the Meadow Lakes Addition. The Meadow Lakes Addition developer, MKP and Associates, Inc., has contributed $250,000.00 towards their share of the construction cost of the Meadow Lakes Lift Station, along with the dedication of the lift station site to the City.A A The project was advertised for Bid in the Commercial Recorder on July 21 and July 28, 2005.A A On August 25, 2005, the following bids were received: BIDDER TOTAL BID CONTRACT TIME Cooper General Contractors $617,000.00 180 Calendar Days North Texas Contracting $626,945.00 Steve Dake Construction $675,035.00 Red River Construction $693,330.00 Holloman Corporation $835,772.66 In addition to the contract cost, $25,000 is provided for project contingencies. Logname: 60MEADOW LAKES Page 1 of 2 This project is located in COUNCIL DISTRICT 7. Cooper General Contractors, Inc., is in compliance with the City6ETMs M/WBE Ordinance by committing to 24% M/WBE participation.A A The City6ETMs goal on this project is 23%. FISCAL INFORMATION / CERTIFICATION: The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds are available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 1&2) P174 472058 070174013141 $157,620.00 1) PS58 538040 070580200050 $157,620.00 2) P174 541200 070174013141 $157,620.00 3) P174 541200 070174013141 $617,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: S. Frank Crumb (8207) ATTACHMENTS 1. 60Meadow Lakes.pdf (Public) Logname: 60MEADOW LAKES Page 2 of 2 t rt 1w SPECIAL CONTRACT DOCENTS FOR MEADOW LADES LIFT STATION PROJECT CITY OF FORT WORTH PROTECT NO. P 174-070174013141 MIKE M©NCRIEF CHARLES R. BOSWELL MAYOR CITY MANAGER S. FRANK CRUMB, P.E., ACTING DIRECTOR WATER DEPARTMENT PREPARED BY WATER DEPARTMENT r w' s MEADOW LAKES LIFT STATION PROJECT FWWD Project No. P 174-070174013141 JULY, 2005 Chris P. Harder, P.E. it! Fart Worth Water Department �►:` " '•. f c :: i 1000 Throckmorton Street ........................M.r CHRIS P. HARDER Fart Worth, Texas 76102 ........„..................... 85470 fig'�P��ea'..</L O r lotr� OF ) Joseph J. Kotrla, P.E. * k + McCreary& Associates °SEP'J.KOTRLA_ 6310 LBJ Freeway, Suite 217 56351 - r " Dallas: Texas 75240 �S'�-G•: :» ' t� 1 r r TABLE OF CONTENTS MEADOW LAKES LIFT STATION PROJECT PART A - NOTICE TO BIDDERS Notice to Bidders Special Instructions to Bidders PART B - PROPOSAL Proposal M/WBE Specifications PART C - GENERAL CONDITIONS PART CS - SUPPLEMENTARY CONDITIONS PART D - SPECIAL CONDITIONS PART E - TECHNICAL SPECIFICATIONS - City of Fort Worth Material (E-1)and Construction(E-2) Specifications from the Fort Worth Water Department,not included herein) DIVISION I - GENERAL REQUIREMENTS Item 01410 - Summary of Work Item 41425 - Measurement and Payment Item 01040 - Coordination Item 01051 - Grades, Lines, and Levels Item 01300 - Submittals Item 41310 - Construction Schedules Item 01320 - Progress Reports Item 01370 - Schedule of Values Item 01430 = Operation and Maintenance Data Item 01500 Temporary Facilities and Controls Item 01600 - Material and Equipment ,p Item 01651 - Testing and Startup i Item 01700 - Contract Closeout Item 01720 - Project Record Documents Item 01750 - Warranties and Bonds DIVISION 2 - SITE WORK Item 02010 - Subsurface Investigation Item 02121 - Clearing and Grubbing Item 02150 - Lift Station Demolition Item 02200 - Wood Slat Chain Link Fence and Gate r Item 02212 - Finish Grading e r Item 02215 - Flexible Base Item 02220 = Structural Excavation, Fill,and Backfill Item 02223 Trench Safety System Item 02530 - Dewatering and Drainage Item 02930 = Seeding and Revegatation Item 02950 Silt Fence DIVISION 3 - CONCRETE Item 03100 - Concrete Formwork Item 03200 . - Concrete Reinforcement Item 03250 - Concrete Joints and Embedded Items Item 03300 - Cast-In-Place Concrete Item 03605 - Non-Shrink Grout Item 03700 - Flowable Fill DIVISION 5 - METALS Item 05120 - Structural Steel Item 05500 - Miscellaneous Metal Item 05501 - Anchor Bolts, Expansion Anchors, Inserts DIVISION 9 - FINISHES Item 09900 - Painting i Item 09901 - Wetwell Interior Coating DIVISION I 1 QUIPMENT Item 11065 Submersible Sump Pump Item 11316 - Submersible Pumps Item 11321 - Odor Control Item 11350 - Aluminum Access Hatches, Appurtenances Item 11350 - Valve Vault Grating DIVISION 15 - MECHANICAL Item 15060 - Plastic Pipe and Fittings Item 15070 - Ductile Iron Pipe and Fittings Item 15100 Valves and Appurtenances Item 15140 - Supports and Hangers DIVISION 16 - ELECTRICAL Item 16010 - Electrical General Provisions Item 16110 _ Raceways Item 16120} Wire and Cable Item 16199 - Miscellaneous Item 16210 _ Electric Utility Service Item 16310 Pump Control Panel Item 16410 - Underground "` Item 16450 - Grounding Systems Vft ON Item 16520 - Precast Concrete Building dk Item 16910 - Instrumentation PART F - BONDS AND INSURANCE Certificate of Insurance Performance Bond Payment Bond "w Maintenance Bond Contractor Compliance with Workers Compensation Laws PART G - CONTRACTS G-100 Contract APPENDIX"A" SELECTED STD. DETAILS FROM FWWD GENERAL CONTRACT DOCUMENTS AND SPECIFICATIONS APPENDIX"B" GEOTECHNICAL REPORT NOTICE TO BIDDERS Sealed proposals for the Meadow Lakes Lift Station, Project Number P174- 070174013141, will be received at the office of the Purchasing Manager until 1:30 P,M., f Thursday, August 25t`, 2005 and then publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Contract Documents for this project may be obtained at the Water Department, Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. One set of contract documents will be provided at no cost to,prospective bidders. General Contract Documents and General Specifications for Water Department projects, dated January 1, 1978, with the latest revisions, also compromise a part of the Contract Documents for this project and may be obtained by paying a non-refundable fee of$50.00 for each set, at the office of Water Department, Municipal Office Building, 1000 Throckmorton Street, Fort Worth,Texas. All bidders must be pre-qualified with the City of Fort Worth Water Department a minimum of seven (7) days prior to bid opening. Bid security is required in accordance with the Special Instructions to Bidders. A pre-bid conference will be held at 10:00 AM on Wednesday, August 10th, 2005 at the Eagle Mountain Water Treatment Plant Conference Room, 6801 Bowman Roberts Road, Fort Worth, Texas, 76179. (MAPSCO 32Y). The Engineer will transmit to all prospective bidders of record such Addenda as he considers necessary in response to questions arising at the pre-bid conference. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Water Department at 817-392-5820. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be withdrawn until the expiration of ninety (90) days from the date the bids are received. For additional information, please contact Chris Harder, P.E, Fort Worth Water Department. 817-392-6820. Advertising Dates: July 21,2005 w July 28, 2005 SPECIAL INSTRUCTIONS TO BIDDERS 1) PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified 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 bidder's 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 to 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 proposals 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. SID 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. Tobe an acceptable surety on the bond,([)the name of the surety shall be included on the current U-S.Treasury List,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(1114)the total capital and surplus. 3. BONUS: A performance bond,a payment bond,and a maintenance bond each for one hundred (100%)percent of the contract price will be required,Reference C 3-3.7. 4, WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth,Texas, and as set forth in the Contract Documents must be paid on this project. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. F p. 6. BIRDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIRDERS: Pursuant to Article 6018,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 in located. �r. "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. r■ 8. PAYMENT: If the bid amount is$25,000.00 or less,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 or in connection with the terms,conditions or privileges of their employment,discriminate against persons because of their age except on the bases of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,employees, subcontractors,program participants,or persons acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend,indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 90. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal,state and local laws concerning disability and will defend, "'" indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. IL MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 19923,as amended,the City of fort Worth has goals'for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary.The bidder shall submit the MBE/WBE UTILIZATION P1 FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation")as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. 12. ADDENDA: Bidders wanting further information, interpretation,or clarification of the Contract Documents must make their request in writing to the Fort Worth Water Department Engineering Services at least 96 hours prior to the Bid Opening. Answers to all such requests will be bound and made part of the Contract Documents,or should the bidder be in doubt to their meaning,the bidder should at once notify the Fort Worth Water Department Engineering Services in order that a written addendum may be sent to all bidders. Any addendum issued will be either mailed, faxed,or be !� delivered to each prospective bidder. The bid proposal as submitted to the bidder must be so constructed as to include any addenda issued by the Fort Worth Water Department,prior to 24 hours of the opening of bids with appropriate recognition of addenda so noted in the bid proposal. Revised 1/27/99 PART B - PROPOSAL This proposal must not be removed from this book of Contract Documents. TO: Charles Boswell City Manager Fort Worth,Texas F R• T PROPOSAL O he furnishing of all equipment, materials, and labor required to install the new Meadow Lakes Lift Station, complete in place, with all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: PROJECT NAME MEADOW LAKES LIFT STATION PROJECT Water Department Project No. P174-070174413141 fi Pursuant to the foregoing `Notice to Bidders', the undersigned Bidder, having thoroughly r examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the + prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Special Contract Documents and subject rto the inspection and approval of the Director of the Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: i �+ Fort Worth Water Dept. B-1 Proposal I MEADOW LAKES LEFT STATION PROJECT Item I Approxj Unit Description of Item%%ith Unit Unit Price Amount Bid No. uanti Price Written in Words Bid ('Fun-dsh and install, including all appurtenant work, complete in place,the following items I 1 L.S. . Lift Station Site Work —T�'AV :Jr o o5,�b r Dollars and Cents Per Unit 2. 180 L.F. Trench and Excavation Safety Dollars and N a Cents $4,00 $ Per Unit 3. 335 S.Y. Reinforced Concrete Paving r Thkr�-v— S2j e;n Dollars and � Cents Per Unit $3'7. S r4. 340 L.F. Wood Slat Chain Link Fence/Gate lb-w ;DUr Dollars and ' o n _ Cents Per Unit S 3"V "" S . b0 4 5. 1 L.S. Underground Yard Piping. Fort4 4V\C,j sca n d Dollars and No _Cents l C Per Unit r6. 1 EA 1"Water Service Assembly ,T a 4kc7as5a �d Dollars and ^ !Cents r Per Unit $ a,900 S d00 " 7. 1 L.S. ' Reinforced Concrete Wetwell and Valve Vault cusand Ti Wo Kor-&'--214 -soxP.Dollars and Cents r, Per Unit S 0a 8. 1 L.S. ` Pre-cast Concrete Electrical Building -} , �, Dollars and b�g Cents Per Unit 064- S.3(} fDo.. 9. 290 S.Y. Wetwell and Manhole Interior Coating System y9. + a N e hu ndfet Dollars and o r Cents $ { a 5.`�° $, (010Pw • Per Unit r► Fort Worth Water Dept. S-2 Proposal 10. 1 L.S. Valve Vault Grating and Hardware Ebeyf.13 :thnyz�and Dollars and UQ Cents Per Unit 11. 1 L.S. Aluminum Access Hatebes,Ladder Assembly FiVf.., Dollars and t•1 D Cents Per Unit $ 0 LAG}. Q $ 000 12. 1 L.S. Wetwell/Vahe Vault Piping _wo6+y-4wo 4Dy5andDollars 7 and u p .Cents Per UnitGtr ' 13. 1 L.S. Valve Vault Values&Accessories r' f, - %a "-'6011 a� ars and gg �j b Cents Per Unit $ f1G��.a $ 0©0 PM 14. 1 L.S. Lift Station Pumps and Accessories 'Pa r - w a +ko u�g rid Dollars and 1 li n _Cents Per Unit $ d f,J oo $ v� �JG? 15. 1 L.S. odor Control.Unit FM T �r�e.er� -4-k+nn5and and W C Cents Per Unit $ 15,7j7o, $13, 75-10." 16. 1 L.S. Lift Station Electrical,Control,and Instrumentation. Dollars and Na Cents Per Unit $ J`^4CJ6 o TOTAL AMOUNT BID $ PART B-PROPOSAL(Cont.) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% of the Total Amount Bid is to become the property of the City of Fort'Worth,Texas,in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. .. Fart Worth water'Dept $-3 PropoW The undersigned bidder certified 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 fiunishing 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. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of ,our principal place of business, are not required to underbid resident bidders. The principal lace of business of our company or our parent company or B. p p p p Y p P Y majority owner is in the State of Texas. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to substantially complete the contract within 18 0 Ca I e n d a r days after beginning construction as set forth in the written work order to be furnished by the Owner. I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bi Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Fort Worth Water Dept &-4 Proposal Respectfully submitted., "4n , $y: vi syr (--- n � _r Title Address 1 7"Ll,a5 Crasb i _so,+IQ Carro l t+or\ Telephone:_ I- a4 -7C?GQ ■ (Seal) Date-- {'e w+ Fort Worth Water Dept, B-S Proposal FORTWORTH ADDENDUM NO. 1 MEADOW LAKES LIFT STATION PROJECT FORT WORTH WATER DEPARTMENT Water Project No. P174-070174013141 Date Issued: August 17, 2405 Bid Date: Thursday,August 25`h, 1:30 PM The Special Contract Documents for the"Meadow Lakes Lift Station Project", for which bids are to be submitted to the City of Fort Worth,Texas,are hereby clarified and modified by this Addendum No. 1. Bidders must acknowledge receipt of this Addendum on the Proposal—Part B and on the Bid Envelope. CHRIS P HRRaER ........................ �. 854 c� t SPECIFICATIONS .� 1. Revise Section 11316,Part 1.04 to require submersible pump base elbow to be provided with contract to be 6"x 8"and be compatible with a future pump capable of pumping 2,440 gpm at 175° TDH. Stainless steel submersible pump - guiderails shall be a minimum 3"in diameter and shall be sized in such a manner as to be compatible with proposed and future pumps. DRAWINGS 1. Refer to Sheet 4. Concrete parking area to be extended one foot to the west in P" order allow'for 96"handicap access aisle. Parking lot coordinate points to change as follows: Point 15 X=781.22 Y=5292.78 No Point 16 X= 784.70 Y=5287.90 Point 18 X= 784.70 Y= 5261.97 2. Refer to Sheet 6. Revise concrete parking lot grades allow for a maximum slope of 2.00®/o. See attached plan view drawing, labeled"Revised Driveway Grading PIan" for new parking lot grades. WATER DEPARTMENT PLANNING AND Bus1NEss SERyicFs THE ClTr of Foirr Worrrta * 1000 THRommoirroN Sir * Four WoRTH,TExAS 76102 ... 817-392-8240 * Fax 817-392-8195 t;Printed on recycled paper r 3. Refer to sheet 8. The proposed 15 HP submersible pumps to be supplied with this contract will eventually be replaced with 130 HP submersible pumps capable of producing 2,000 gpm at 175' TDH. It is the intent of these contract documents to have the pump manufacturer provide a pump base elbow and guide rail system capable of transitioning from the proposed pumps to the future pumps without having to enter the wetwell to replace the base elbow or guide rail system. Accordingly,the pump base elbow has been revised to a 5"x 8"base elbow,the PW guide rails are specified as 3"diameter stainless steel, and the concentric reducer on the discharge piping has been changed to an 8"x 12"eccentric reducer{see attached section drawing, labeled as"Addendum#1 —Meadow Lakes Lift Station OW —Mechanical". It is the responsibility of the pump manufacturer to provide any"adaptor kits" +� necessary to install the 15 HP submersible pumps specified within the contract documents on the 6"x 8"pump base elbow specified herein. 4. Refer to sheet 13. Revise sump pump discharge piping,fittings, and valves from 1-112"diameter to 2"diameter(see drawing"Addendum#1 —Sump Pump Detail") PF go ,s on Im NORT �s MEADOW LAKES LIFT STATION �^�-- scal 1"-10' © lope= 2.00% ape- a a a a d.-O ® 4 4 a 0 4 r 6 O Q O 6 o 1 1001 I i "_°° a ❑ I l I Electric a'm5,R Mrs c Handicap 96" wide I I�® 1 Building p Foundation Parking Hgndlcap fl t FF = 661.25 v w,/,,Markings Aisle � � s 10' x 13-4" I4rking Space #1 4 9' x 18' 51 4 d 4 ==== Slope= 2.007. si_._ - 2.Q0er.s© ADDENDUM #1 — REVISED DRIVEWAY GRADING PLAN Addendum #1 - Meadow Lakes Lift Station - Mechanical SCALE V = 4' , SCALE 1" = 4` r a • A `■ 3 G IL r •' • a•' A s• I ae r • ,r Sump Pump w12" PVC discharge line, check valve,ball valve. ' Addendum Notes: • 3 t' stainless 1. Pump base elbow shall be 6"x 8". Base steel guiderails elbow shall be designed to be interchangable 4 a et, with future(ultimate)pump meeting future conditions of 2,000 gpm at 175'TDl3. 2. Provide 3"diameter stainless steel guiderails. a. 3. Provide 12"x 8"eccentric reducer connecting .4 to pump base elbow. 4. Pump manufacturer shall provide"kit"or adaptors as required in order to be able to place a a future pump on proposed 6"x 8"pump base elbow without entry into lift Station wetwell or bypass pumping. + a r 5. Supply of adaptor"kits"shall be considered „ P incidental to the bid price for"Lift station Pumps and Accessories" a . ' 12rr x 8n i - a . ., Eccentric Reducer '.. ' 6" x S" Pump Base Elbow For use with proposed o a. and future pumps b MEADOW LAKES LIFT STATION PROJECT ADDENDUM # 1 - SUMP PUMP DETAIL Addendum Notes: 1. Change sump pump piping, fatting, and salve SLEEVED WET WELL size to 2" diameter. PENETRATION 2 UNION 2" BALL VALVE 2" CHECK VALVE q 2" SCHD 40 PVC °q PIPE & FITTINGS a SUMP PUMP FIN FLOOR : .1 d ad q $ 1 J4Ar 4 tl d � 6E PE l•1II II���1 � Q [ r COOPER GENERAL CONTRACTORSFill August 31,2005 f --- — - City of Fort Worth P.O. Box 870 1000 Throckmorton Street Fort Worth,TX. 76101-0870 Attention: Chris P. Harder,P.E. Reference: Meadow Lakes Lift Station MBE Participation Gentlemen: Cooper General Contractors (Cooper)transmits the MWBE Subcontractors/Suppliers Utilization Form for the above referenced project as required by the bidding documents. Please call if any additional information is required. Sincerely, Michael G.Daigre Project Estimator/Manager 972-245-7960 1225 E. Crosby- Suite Al -Carrollton, Texas 75006 972-245-7970 Fax ATTACHMENT i A Page i of 4 _ORT WORTH City of Fort Worth Subcontractors/Sugpiiers Utilization Form ,PRIME COMPANY NAME- Check applicable block to describe prime PROJECT NAME: MIWIDBE �I NON-MIDBE AN �.z Meadow Lakes Lift Station Project BID DATE I i L.ityjs M/W8E Project Goal: Prime's MIWSE Project Utilization: PROJECT NUMBER P174 Q7Ui74013i4i Identify all subcontractors/suppliers you will use on this project '15rxlfe this forte, <ra ytLceiv -the # j tri „P �n Dr before5- i13 1VistPrrrrg exestve �d op�eratrge;: iuiUlIQ 4he bid bett�g miastdet pri r sp v atii tlt as :r ++ s E M7 + `� tae lie �J3tf ror r�eemen #fine MNVBE fire n s .listed �l i"rs eia rtr = � $� z I '` e Ci#y�of For#1]li+ort}�ti_ ate firterl#Iorta7. ill v (�i � serttiiss r�tarl of discfivalification and wa61 result a the MNVBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or —currently doing lousiness in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker,Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties- lden`l ft arch =Tide level Tier'as l E ��r�l tof��tbizratracting _��q the :prime contractor, e ; a direct ttr�rx`]tf++ytew.tracturaa'stcsor acfor-Is,crnsldefed� tier -a`payment liy a subcori'tractcr#o -Pak,. u plipc�ss ocr std ednylier r —ALL MIWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those fir•Tns, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification 'Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise(DBE)is synonymous with MinorityNVomen Business Enterprise (NIMBE). #fiatGng 'seances =arm .tit�i;ze�i; #are >Atae anrllle given credit asorag .as the MNVBE listed owns and. i�perates`a least o61:4�1�Iy 1joehs6d aul�v�per�t anal is r rclt to be used on the earitract. The Iv41vUBE�na�lease': truck .fci rn ariQtl�e lira inje ic-jnq MfV1 B ai�+ner operators, and'fecei►ie full MNV'6E red-it. the M!W$E M- -ay leas,e ticks t<rrtiaa holt- Es,.tncl u ding aiivner-operators, but w0l only receive credit for the ,�f and bdrnrnissid* rned by the MW. -SE as_bu#iined in the-lease agreement. ATTACHMENT 1A kWW,ORTH Pam 2 of 4 nes are required to identify ALL subcontractors/suppliers,regardless of status:Le.. Minority.Women and non-MIWBEs. Please list M/WBE firms first,use additional sheets if necessary. Cartiretativn NTRACTDRISUPPUER T (check one) -AM_ PICO, pany Name i H T Detail Detail AddressY W C x _ Subcontracting Work Supplies Purchased Dollar Amount T D .. Talephone/Fax r g a E E � U C T A �:• �6:9-r SI—EEL . 60Y 33,q 16 �JfV U- 17) ODD Y M O N V- _ eca CeAl jc(x )VA Mr 217-00f a VIA -� �4 R—, aiinrn r' ATTACHMENT 9A �WORTH Page 3 of 4 " .*nes are required to identify ALL subconiractorsfsuppliers.regareiless of stags;i.e..Minority*Women and non-MIWBEs. Please fist M WBE firms first,use additional sheets if necessary. Certification ; (check one) BCONTRACTORISUPPL IER r T N T - Detail Detail Company Narn$ i C x ii Subcontracting Work Supplies Purchased Dollar Amount Address e M W T ti . : TelephoneliFax r B 8 R E E C T 4_ Ti �01 IvNIfC 4cr 41L, 07 n �. V zl 3-4 70 e7p Rm C"j- UD G� pq-L) 6-q- 7D µ J6i) OOJ, 1POL M4011 Ar, ATTACHMENT 1A rRTWORTH Page 4 of 4 Ll Dollar Amount of MfWB E Subcontractors/Suppliers $ tal Dollar Amount of Non-MIWBE Subcontractors/Suppliers $ 13 0 5 a I ITAL DOLLAR AMOUNT OF ALL SUBCONTRACTORSISUPPLIERS $ Aerwi houpe e jons or substitutioo certified list Othout. therior P approvA Z -X ap�g -jvr��,�e§jgn rpFlSe C 64A -!��--AM�te b1fl -submittal Of W gh the py.unjij i ie a materialf. mrd with the rrocqanrespdffli - -Chang-"WW n4olq! 00 IIV i kid M-I eco 16A 'ibinance�T, Mum�A*dftfil �4_ . 4Wle requested ' 6 84-W, -14 e 611 it w% 30 affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, )mplete and accurate information regarding actual work performed by all subcontractors, including ,,JW/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the smission with owners, principals, officers, employees and applicable riatn of interviews itractors/suppliers/contractors participating on the contract that will substantiate the actual work )erformed by the MNV/DBE(s) on this contract, by an authorized officer or employee of the City. Any pentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment m City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material Veach of contract may result in a determination of an irresponsible Offeror and barred from participating in ty work for a period of time not less than one (1) year. eloort- ho " d Signature Printed signature I eP)_ gjCpA FL 01, 194 /A�F ritie Contact Namerritle(if different) Company Name Telephone and/or Fax jZjs- F, _(POCOWY"NhUh I C011) Kddress E-mail Addre s , .� Date 15 --tylstatamp 51l)- 0 b V?_ Ao - �r}f{�'jlr 01 NCTR.CA . ,s uric m �e ryy Disadvantaged Business Enterprise Cerflficafian r, TUCP E 4 49 Desert Steel Company, Inc CP i.. Disadvantaged Business Enterprise l has filed with the Agency in Affidavit as defined by 49 CFR part 26 And is hereby certilled to provide +•. l( service(:)In the-following areas: 1 I 236210; F Industrial Bullding Construction(pt)* l 1 + This Certification is valid beglnning February 2405 end superseded any registration or listing prevlouriy Issued,This certiticaHun must be undated Annually by submirslon*fau Annual Update Affidavit.At any F lSlmn there 6 a charge In ownership or control of fie flan, notlRcallon most be made immediately to the North Central Taxai Iteglanal CertincationAgency or gnTUCPcertgIng entity. ++i 1 �I Certlncaie expiration February 20 06 1 CertiflcatloikAdministrator Issued date February .��2805 a WFDB25987YO206 CERTIFICATION No. s M' t 1 -11 -1 r-- --a 1 1 an �`� )— , S OPdg I/ Aj NET LO W 61E i .1 `C 1. RCA l71 f 'Women-Owned Business Enterprise Certification Lnfm ! � A Texas Municipal & Industrial Supply, Inc ~ Y. has flied with the Agency the appropriate Affidavit and is"erehy certified to provide services)in the fallowing meas: q Woman-Ownsd 8,,I Y SS Enterprise e 592'29 i;42311 D, Hazardous Waste Treatment and EXsponst Fasten ara(e.®,bolts,nuts,screws)Marchant 3 Wholesalers; w N August 2004 This Certlflcalton is rand beginning and superseded any registration or listing previously Issued.This certification must be updated annually by subm1w1on of as Annual Update Affidavit.At any f time there Is a charge In ownershlp or control of the firm,notfficadon must be made immediately to the North IE ur Ctntral'Texas Regional Certifcsdoo Agency. k � Certilleste erplratiun August ,A5 I ertifllcatto,Adrpiaistrator i Issued date August Y CERTFFICATTOiY 1tifD. WFWB23781 YO805 T -- Cil I { i 1 i 1 3 1"WM 4 f1 �� NP1/ 060 c� LA ,. NCTRCA AP��As Un Disadvantaged Business t. Enterprise Certification TUC€ Eagle Aggregate Transportation, i+C /♦y x w Disadvantaged Business l nlwprise IIAIii has filed with the Agency an Aflidnvil as deftned by 49 CFR part 26 and Is hm-by certified Io provide y[ f" tq a° servire(s)Itr the fofluning a rens: 484110; i� Gema Freight Trucking,Local; • February 2005 s . This Certification is rafid hegianing _any!superseded any-re,gittratlon or Ilsling _ U1 preyfuusls'Issued.Thix cerlifleation must lie updaled annually by aubm6slnn of rn Annual Llpdule Affidayll,Al Ally , U1 tinge there Is a chorge ill nknership or coutrul of lite firn4 tlatlflcation must he niade Fransedialeiy to is, ftulYI Cmc ral Tmis Regional Ce rtifrcatian Agents•or an T1 eerliflitrg enliiy.00 ni V m Ccrtlficate txplratlon February ,Ztl 0!8 ) l�. v Certification Admioistrai • t rn ' Issued shit February .20 05 4�"� C'l:lt"i'IFICATIt}1.1 ttil3, WFC}B2b1831'[l2t)G e-k 9 i i i i 1 a 1 i 1 e ! , — _ Y - - NCTRCA Disadvantaged Business m ? Enterprise Certi leatian TUCP - Cen-Tex Seeding, Incs' Dfsarlvantaged Bushvm Fniarptise has fated with theAgenry an Affidavit as defined by 49 CFR part 26 and is hereby certified to provide a i service(3)In the rolfawing arm: d '`!s 561730;111421;238990; landscaping Services;Nursery and Tree Producton;Fence Instalkation; , L June 2005 x� z �,„ This CertMeadon is valid beginning and anperaeded any registration or listing previonsly fayoed.T kis certification mnri be updaW annim2ily by submission otan Anneal Update Affidavit.At any time t>Serre b a charge isa ownership or cuastraf of the firm, notification moat be made immedinieFy to ttse North u Central Taxes Regional Cer#iileatioo Agency or am TUCP ce:rtilyixg entity. a N Certificate expiration June 20 08 mreification Administrator Issued date June .20LO fi5 N CERTIRCATIONt NO. WFDB27777YC1805 i — — -- N 'a i a a. s NCTRC Disadvantaged Business Enterprise Certification , TUCI' z; 5 Magnum Manhole & Underground Cdr*s�any Q� ootec�t7 Disadvantaged Business Enterprlse r has filed with the Agency an Affidavit as defined by 49 CFR part 26 and is hereby certified to provide servlce(s)In the followlag areas: 54%9H6 AN 0FhorProfess lonad,Sdontfflc,and Technical Services Including:TV Inspecu0n,Manhole Rehab and Sewer Cleaning; This Certification is valid beginning July 2005andsuperseded any registration or listing e previously issued.This certification roust be updated annually by subntisriaa of an Annual Update Affidavit.A!any - i� time there Is a charge In ownership or control of the firm,notification must be made irnmedlately to-the Nor* NCentral Texas Regional Certification Agency oran TUCP certifying ratlty. N ' R CeHllitate expiration July 06 to -.20 E 6� CertlfIcalion Admtnistr for ' Issued date Ju ,zU 05 Ln lr cm�v �i CERTIFICATIai+f i1'1J. W FD B2 7907 NO706 C4 IV co r 5. E I i` r CD S z• i' wlm r PART C f GENERAL CONDITIONS PM SECTION C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents,the PM following terms or pronouns in place are used,the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. A. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS WHITE PART B - PROPOSAL WHITE PART C - GENERAL CONDITIONS YELLOW PART D - SPECIAL CONDITIONS GREEN PART E - SPECIFICATIONS WHITE PART F - BONDS WHITE PART G - CONTRACT WHITE B. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS PART B - PROPOSAL PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS 1W PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PR PART H - PLANS(Usually bond separately) CI-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. r Fort Worth Water Department C- 1 Gcneral Conditions CI-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done,together with the bid security, constitutes the Proposal,which becomes binding upon the Bidder when it is officially received by the Owner,has been publicly opened and read and not rejected by the Owner. Cl-1.5 BIDDER: Any person,persons, firm, or partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. CI-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction „R 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. CI-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 of part of the Contract r Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment,and services in order to render a completed and useful project. Whenever reference is made to standard specifications, � regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. Cl-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and faithful performance of the contract and shall include the following: A. Performance Bond(See paragraph C3-3.7) B. Payment Bond(See paragraph C3-3.7) 's C. Maintenance Bond(See paragraph C3-3.7) D. Proposal of Bid Security(See Special Instructions to the Bidders, Part A and C2-2.6) C I-1.1 0 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 made by the Owner's representative showing in detail the location, dimension, and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, Fort Worth Water Department C-2 General Conditions PI ON working drawings,preliminary drawings and such supplemental drawings as the Owner Am 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 hound 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 Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by charter vested in the City Manager. Terms City and Owner are synonymous. Ci-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 Fart Worth, Texas. CI-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. C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed Director of the City ' Water Department of the City of Fort Worth,Texas,or his duly authorized representative, assistant, or agents. CI-1.18 DIRECTOR,CITY WATER DEPARTMENT: The duly appointed official of the City of Fort Worth, Texas, referred to in the Charter as the City Engineer, or his authorized representative. C 1-1.19 ENGINER: The Director of Public Works,the Director of the Fort Worth Water Department, or their duly authorized assistants, agents, engineers, inspectors,or superintendents, acting within the scope of the particular duties entrusted to them. C 1-1.20 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 Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes herein. Fort Worth Water Department C-3 General Conditions M oft. C1-1.22 THE WORK OR THE PROJECT: The completed work contemplated in and am 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. at C1-1.23 WORKING DAY: A working is defined as a calendar day,not including Saturdays, Sundays, and legal holidays,in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven(7)?sours between 7:00 AM and 6:00 PM, with exceptions as permitted in paragraph C7-7.6. aw Cl-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. r 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: New Year' Day January 1 M.L.King,Jr.Birthday Third Monday in January .0 Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday is September Thanksgiving Day Fourth Thursday in November Thanksgiving Friday Fourth Friday in November Christmas Day December 25 Such other days in lieu of holidays as the City Council may determine When one of the named holidays or a special holiday is declared by the City Council, falls on a Saturday,the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday,by those employees working on working day operations. Employees working calendar day operations will consider the oil _calendar.holiday as.a_hobday. 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 State Highway Transportation Officials or ASCE American Society of Civil Engineers LAW In Accordance With ASTM American Society of Testing Materials AWWA American Water Works Association ASA American Standards Association HI Hydraulic Institute Asph. Asphalt Ave. Avenue Blvd. Boulevard CI Cast Iron mor Fort Worth Water Department C-4 General Conditions � CL Center Line GI Galvanized Iron Lin. Linear or Lineal MH Manhole fW Max. Maximum Min. Minimum MGD Million Gallons Per Day CFS Cubic Foot per Second R Radius I.D. Inside Diameter PW Q.D. Outside Diameter F Fahrenheit C Centigrade In. Inch Ft. Foot St. Street CY Cubic Yard po Yd. Yard SY Square Yard L.F. Linear Foot �• D.I. Ductile Iron CI-1.27 CHANGE ORDER: A"Change Order"is a written supplement agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which the bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of 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. CI-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as ---a street or alley.having one of the following Xypes of wearing surfaces applied_over.the_ - natural unimproved surface: A. Any type of asphaltic concrete with or Without separate base material B. Any type of asphalt surface treatment, not including oiled, surface C. Brick, with or without separate base material D. Concrete, with or without separate base material E. Any combination of the above P i. CI-1.29 UNPAVED STREETS AND ALLEYS: An unpaved street, alley,roadway, or other surface is any area, except those defined above for"Paved Streets and Alleys". Ci-1.30 CITY STREETS; A city street is defined as that area between the right of way lines as the street is dedicated. Fort Worth Water Department C-5 General Conditions C1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2')feet back of the curb lines or four(4')feet back of the average edge of pavement MO where no curb exists. C1-1..32 GRAVEL STREET: A gravel street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. Fart Worth water Department C-6 General Conditions Y` SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL r 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. r 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 r prepared,the previous statement shall be updated by proper verification. Liquid assets in the amount of ten(10%)percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are being received,and such experience must have been on projects completed not more than five(5) years prior to the date on which bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any For Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 MTERPRETATION OF [QUANTITIES: The quantities of work and materials to - - - be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials famished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the Owner supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Fort Worth Water Dg3artrnent C-7 General Conditions Bidders are required, prior to filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions,to inform themselves by their own independent research and investigations, tests,borings,and by such other means as may be necessary to gain a complete knowledge of the conditions which may be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing work or the time required for its completion, „y and obtain all information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto,shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation,research, tests,explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations, examinations, and tests herein required. Claims for additional compensation due to variations between the conditions encountered in construction and as indicated in the Contract Documents will not be allowed, .� The logs of Soil Borings,if any, showing on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data •,f shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do the work contemplated or furnish the materials required_ All such prices shall be written legibly. In case of discrepancy between the price written words and the price written in numerals, the price most advantageous to the City shall govern. -� If a proposal is submitted by an individual,his or her name must be signed by him(her) or his(her)duly authorized agent. If a proposal is submitted by a firm, association, or partnership,the name and address of each member must be given,and the proposal must be signed by a member of the firm, association, or partnership,or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed- Power of Attorney authorizing agents or others to sign the proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration or words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures,or irregularities of any kind,or contain unbalanced value of any items. Proposal tendered or delivered after the official time ~ designated for receipt of proposal shall be returned to the Bidder unopened. Fort worth Water Department C-8 General Conditions C2-2.5 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security"of the character and in the amount indicated in the"Notice to Bidders"and the"Proposal". The Bid security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will,within the required time, execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security,to the City Manager or his representative in the official place of business as set forth in the"Notice to Bidders". It is the Bidders sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the work"PROPOSAL", and the name or description of the project as designated in the"Notice to Bidders". The envelope shall be addressed to the City Manager, City Hall,Fort Worth,Texas- C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening the proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud,the proposals for which non-consideration requests have been properly filed may, at the option of the Owner,be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the written signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within the forty-eight(48)hours after the proposal opening time,no further consideration will be given to the proposal. Y C2-2.14 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no"Non-consideration Request"has been received will be publicly opened and read aloud by the City Manager or his duly authorized representative at the time and place indicated in the"Notice to Bidders". All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular"if they show any omissions, alterations of form, additions,or conditions not Fort Worth Water Department C-9 General Conditions I" called for,unauthorized alternate bids,or irregularities of any kind. However, the Owner reserves the right to waive any and all irregularities and to make the award of the contract AW to the best interest of the City. Tendering of a proposal after the closing hour is an irregularity which cannot be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of,but not limited to ,the following reason: A. Reasons for believing that collusion exists among bidders B. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. •» C. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. D. The bidder being in arrears on any existing contract or having defaulted on a previous contract. E. The bidder having performed a prior contract in an unsatisfactory mariner. elm F. Lack of competency as revealed by the financial statement, experience of record, equipment schedule,and such inquiries as the Owner may see fit to make. G. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. H. The bidder not filing with the Owner,one week in advance of the hour of the opening of proposals the following: I, 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 MR the requirements stated herein, shall be set aside and not opened. M" dift Fort worth water Deparanent G 10 General Conditions r SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS PIP C3-3.1 CONSIDERATION OF PROPOSALS: Amer the proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner,the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to P0 proceed with the work in any manner as may be considered for the best interest of the Owner- C3-3.2 MINORITY BUSINESS ENTERPRISEIWOMEN OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner,upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise(MBE)and or a Woman-Owned Business Enterprise (WBE)on the contract and the payment therefore. Contractor further agrees,upon request by the Owner,to allow and audit and/or an examination of any books, records, or files in the 'r possession of Contractor that will substantiate the actual work performed by the MBE or WISE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal,state,or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time not less than six(6)months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 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 Pa which the proposals were opened. C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final on action on the proposals for a reasonable time,not to exceed forty-five(45) days after the date of opening proposals,and in no event will an award be made until after investigations have been made at to the responsibility of the proposed awardee_ WM If �� Fort Worth Water Department C- 11 General Conditions The award of the contract,if an award is made,will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids,the Owner may, at its discretion,return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities,usually those of the three lowest �. bidders,will be retained by the Owner until the required contract has been executed and bond furnished by the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. •., C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required,the following bonds: A. Performance Bond: A good and sufficient performance bond in an *� amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against the damage by reason of negligence of the Contractor,or improper execution of the work or the use of inferior materials. This performance bond shall guarantee the payment for all labor,materials, equipment,supplies, and services used in the construction of the work, and shall remain in full force and effect until the provisions as above stipulated are accomplished and final payment is made on the project by the city. B. Maintenance Bond: A gond 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 56d' Legislature, Regular Session, 1959, effective April 27, 1954, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contact being constructed under these specifications. Payment bond shall remain in full force until all payments as above stipulated are made. D. Other Bonds: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. Fort Worth Water Department G 12 General Conditions r 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 r to the Owner. In order to be acceptable, the name of the surety shall be included on the current U.S.Treasury list of acceptable sureties,and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and the Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the{Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required,have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten(10)days after the Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute Pand file with the Owner the Contract and other such bonds as may be required in the Contract Documents. PI No contract shall be binding upon the Owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten(10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the Owner by reason of said Awardee's failure to execute said bonds and contract within ten(10)days,the proposal security accompanying the proposal shall be the agreed amount of damages which the Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. P" C3-3.10 BEGINNING WORK.: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the"Work Order"or"Proceed Order", it is agreed that the Surety Company will,within ten(10) days after the commencement date set forth in such +� written authorization, commence the physical execution of the contract. Fort Worth Wates Deparuncnt C- 13 General Conditions 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-contractor's certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. A. Compensation Insurance: The Contractor shall maintain,during the life of d" 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. Carnprehensive General Liability Insurance: The Contractor shall procure �. and shall maintain during the life of this contract Contractor's Comprehensive General Liability Insurance(Public Liability and Property Damage Insurance)in the amount not less than$500,000 covering each occurrence on account of bodily injury, including death, and in an amount. not less than$500,000 covering each occurrence on account of property damage with$2,000,000 umbrella policy coverage. -* C. Additional Liabili The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability(covers General Contractor's Liability for acts of sub-contractors,) 2. Blasting,prior to any blasting being done. 3. Collapse of building or structures adjacent to excavation(if 1 excavations are to be performed adjacent to same). 4. Damage to underground utilities for$500,400. 5. Builders risk(where above-ground structures are involved) 6. Contractual Liability(covers all indemnification requirements of Contract). Fort Worth Water Department C- 14 General Conditions • D. Automobile Insurance—Bodily Iniury and PEoperty Dama e: The Contractor shall procure and maintain, during the life of the Contract,. Comprehensive Automobile Liability insurance in an amount not less than ' $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than$500,000 on account on one accident,and automobile property damage insurance in r 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. 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 Bonding: The insurance and bonding companies with whom the Contractor's insurance and performance, payment, maintenance and all such other bonds as written shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth,Tarrant County,Texas. Each such agent shall be a duly qualified one upon whom service of process may be had, and must have the authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth,or any other claimant, any claims that the City of Fort Worth or other claimant,or any property owner who has been damaged, rnay 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. i C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all persons engaged in work on the project at the site of the project shall be Fort Worth Witter Department C- 15 General Conditions furnished to the Owner's representative within seven(7)days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posed in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor,by the Owner; however,posting and protection of the wage rates shall be ,,, the responsibility of the Contractor. C3-3.14 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 -a performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise,and as such shall be empowered, thus delegated and directed, to settle all material,labor, or other expenditures, all claims against the work or any other matter associated with such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth- Dallas metropolitan: area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable,by the Contractor's responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project MR documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in ft rthering the work, or other,be governed directly by local authority. This same requirement is imposed on insurance surety coverage. Should the Contractor's local representative fail to perforin to the satisfaction of the Engineer, the Engineer, at his sole discretion,may demand that such local representative be replaced and the Engineer may, at his discretion, stop all work MR until a new local authority satisfactory to the Engineer,is assigned. No credit of working time sill be for periods in which work stoppages are in effect for this reason. AIR C3-3.15 VENUE: Venue of any action hereinunder shall be exclusivcly in Tarrant County,Texas. i Fort Worth Water Department C- 16 General Conditions ?I, SECTION C4-4 SCOPE OF WORK Pk 0441 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish,all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall,unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special " services, and incidentals necessary to the prosecution and completion of the project. C44.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by the General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents,the"Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such"Special Provisions"shall be considered to be a part of the Contract Documents just ras though they were originally written therein. C4-4.3 INCREASED OR DECREASED UANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when as found to be necessary, and the Contractor shall r perform the work as altered,increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items or work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other part be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for"Extra Work". No allowance will be made for any changes in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to the overall quantities of sanitary sewer pipe in each pipe size,but not to the various depth categories. C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable t insure completion in the most satisfactory manner,provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract PM Documents. FM Fart Worth Water Department C- 17 General Conditions C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as"Extra Work"and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto;provided however,that before any extra work is begun a"Change Order"shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: A. Unit bid price previously approved B. An agreed lump sum C. The actual reasonable cost of(1)labor, (2)rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates; (3)materials entering permanently into the project, and(4)actual cost of insurance,bonds, and social security as determined by the Owner,plus a fixed fee to be agreed upon but not to exceed 10%of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be full and complete compensation,to cover the cost of superintendence, overhead, other pro fit,general and all other expense not included in(1), (2),(3), and(4)above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts,bills,vouchers, and records relating to "Extra Work". No"Change Order"shall become effective until it has been approved and signed by each of the contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions,either oral or written,appear to the Contractor to involve"Extra Work" for which he should receive compensatiorx, he shall make written request to the Engineer for written orders authorizing such"Extra Work",prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work,or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual and reasonable cost thereof as provided under method (Item Q. Claims for"Extra Work"will not be paid unless the Contractor shall file his claim with the Owner within five(5)before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon said Extra Work, Fort Worth water Department C- 18 General Conditions 1 1 FL The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for"Extra Work" whether or not initiated by a"Change Order" shall be a full, complete and final payment for all costs Contractor incurs as a r• result or relating to the change or extra work,whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost,or any other effect on changed or unchanged work as a result of the change or extra work. C44.6 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. Vere shall be also shown the estimated monthly cost of work for which estimates are to be expected. There shall be presented also a composite graph showing the anticipated progress of construction within the time being plotted horizontally and the percentage of completion 1� plotted vertically. The progress charts shall be prepared on 8 %:" x I I"sheets and at least five black or blue prints shall b e furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITES: Within ten(1 0)days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities(including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method(CPM)network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in the contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. i 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 fallowing guidelines shall be adhered to in preparing the construction schedule: Fort Worth water Department C- 19 General Conditions A_ Milestone dates and final project completion dates shall be developed to conform to time constraints,sequencing requirements,and completion ., time. B. The construction process shall be divided into activities with time durations of approximately fourteen(14)days and construction values not to exceed $50,000. Fabrication,delivery and submittal activities are exceptions to this guideline. .., C. Durations shall he in calendar days and normal holidays and weather conditions over the duration of the Contract shall not be accounted for , within the duration of each activity. D. One critical path shall be shown on the construction schedule. �► E. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. F. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum be divided into general categories as '*► indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen(14)days duration. " For each general category,the construction schedule shall be identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this section. For each of the trades or subcontracts,the construction schedule shall indicate the following procurements, construction and pre-acceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals 2. Submittal review periods 3. Shop fabrication and delivery 4. Erection or installation 5. Transmittal of manufacturer's operation and maintenance manuals „4 6. Installed equipment and materials testing 7. Owner's operation instruction(if applicable) 8. Operational testing 9. Final inspection Fort Worth Water Department C-20 General Conditions r I If,in the opinion of the Owner, work accomplished falls behind that scheduled, the P Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in schedule progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment,the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. Fart Worth Water Department C-21 General Conditions 4 SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER. The worm shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished,work performed, rate of progress of the work,overall sequence of construction, interpretation of the Contract Documents, acceptable fulfillment of the contract,compensation, mutual rights between the Contractor and Owner under the Contract Documents, supervision of the work,resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction,or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the Contract Documents. He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition of the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with the lines, grades, cross-sections,finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all M% cases be determined by the Engineer and authorized by the Owner by Change Order. i C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents 04 are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project,and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimensions shall govern over scaled dimensions,plans shall govern over specifications, special conditions shall govern over general conditions, and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event that the Contractor discovers an apparent error or discrepancy,he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract,the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. Fort Worth water Department C-22 General Conditions '1 ,. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will he furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer,his inspector, and other Mk Contractors in every way possible. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English—speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such +� superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner,the Engineer, or his authorized representatives. Pursuant to this responsibility of the t" Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be a subject to call, as is the project r superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of rthe 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. CS-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor,or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is r 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 PM 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. Port worth water Department G 23 General Conditions C5-5.6 FIELD OFFICE: The Contractor shall provide,at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed,well heated, air conditioned, lighed and weather-proof, so that documents will not be damaged by the elements. C5-5.7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor will all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines grade, and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. These stakes or markings shall be set suff=iciently 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 stapes or marks plus 25%will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. �r C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR: City inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents,and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the material or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials or equipment and to suspend work until the question at issue can be referred to and be decided by the Engineer. The City Inspector will not,however, be authorized to revoke, alter,enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work,not to issue any instructions contrary to the requirements of the Contract Documents. He will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents, provided, however, should the Contractor object to any orders or instructions of the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. Fort Worth Waren Department C-24 General Conditions C5-5.9 INSPECTOR: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall,at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. P 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 .PE work,but should the work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent, defective, or damaged parts shall be at the Contractor's expense_ No work shall be done or materials used without * suitable supervision or inspection. C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials,or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or any Extra Work done without written authority,will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause the defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective work or unauthorized P, work shall not constitute acceptance of such works. C5-5,11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications,law, ordinance, codes or regulations permit the Contractor to furnish or use a substitute that is i equal to any material or equipment specified,and if the Contractor wishes to famish or use a proposed substitute, he shall, prior to the preconstruction conference, make written application to Engineer for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design,be similar and of the equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of the Engineer who will be the judge of the equality and may require the Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against the claims,damages, losses Fort worth water Department C-25 General Conditions dit and expenses (including attorney's fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents,tests of materials or equipment are necessary,such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall in no way relieve the Contractor of his responsibility of g furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of the materials,unless otherwise specified,will be made in accordance with the latest methods prescribed by the American Society for ., Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer,use the materials represented by the samples until the tests have beenn made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete,the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the •+ requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete,using samples from the aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials. 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 ground, and shall be MR 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 pians or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation, for Extra Work, or for increasing the pay quantities in any manner whatsoever,unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. Fort Worth Water Department C-26 General Conditions It shall be the Contractors responsibility to verify the locations of adjacent anchor conflicting utilities sufficiently in advance of construction in order that he may negotiate j such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures, and service lines. Verification of existing utilities, structures, and service lines shall include notification of all existing utility companies at least forty- eight(48)hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. C5-5.15 INTERRUPTI©N OF SERVICE: A. Normal Prosecution: In the normal prosecution of work where the interruption of service is necessary,the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department as to location, time, and schedule of service interruption. 2. Notify each customer personally through responsible personnel as to time and schedule of interruption of their service,or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's entrance door knob. The tag shall be durable in composition, an in large bold type shall say: NOTICE Due to Utility Improvement in Your neighborhood, your(water) (sewer) service will be interrupted on between the hours of and This inconvenience will be as short As possible. Thank You, Contractor Address Phone Fort Worth Water Department C-27 General Conditions B. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above,but immediate. CS-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If,through acts or neglect on the part of the Contractor,any other Contractor or any sub-contractor shall suffer loss or damage on the work,the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub- contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against such claim. C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the satisfaction of the +, Engineer. Twenty-four(24)hours after written notice is given to the Contractor that the clean-up on the job site is proceeding-in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the unsatisfactory procedure,the City may take such direct •r, 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. -. 'I Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus or discarded materials, temporary structures,and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials 'ter 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 94 new appearing condition. No extra compensation will be made to the contactor for any clean-up required on the project. C5-5.18 FINAL ACCEPTANCE: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final cleanup performed, the Engineer will notify the proper officials of the Owner and request that the Final inspection be made. Such inspection will be made within ten(10)days after such notification. After such final inspection,if the work anis materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. 7 Fort worth water Department C-28 Genera!Conditions r r 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 aten letter, or copyrighted design. It is mutually agreed and P P '� Pyrite Sn• y understood that without exception the contract prices shall include all royalties or cost arising from the patents, trade-marks, and copyrights in any way involved in the work. i The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such patented design,device, material, or process,or any trade-mark or copyright in connection with the work agreed to be perforated under these Contract Documents, and shall indemnify the Owner for any cost, expense,or damage which it may be obliged to pay for reason of such infringement at any time during the prosecution of the work,provided, however, that the Owner will assume the responsibility to defend any and all suits brought for infringement of any patent claimed to be infringed upon by the design,type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. r C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among j his employees such regulations in regard to the cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation or a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for r use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor. All such facilities shall be kept free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. A Fort Werth Water Depa[unent C-29 Genera!Conditions Y C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used,and the work shall at all times be son conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be , absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including,but not limited to,safe and convenient ingress and egress to properly contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operation,at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel, or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve .� as appropriate_ Such other means may include the diversion of driveway traffic,with specific approval by the Engineer. If diversion of traffic is approved by the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer for the *� diversion of traffic,and shall, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of � the Engineer. The materials excavated and the construction materials such as pipe used in the "► construction of the work, shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes,police call boxes,water valves, gas valves,or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to the attention, after twenty-four(24)hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case,the cost of such work done or materials furnished by the Owner, or by the City, shall be deducted from the monies due or to become due to the Contractor. The Contractor, after approval of the Engineer,shall notify the Fire Department Headquarters, Traffic Engineer,and Police Department, when a street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and, when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets,alleys, or hydrants are again placed back into service. Where the Contractor is required to construct temporary bridges,or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the 04 structures or such crossings. i The Contractor shall at all times conduct his operation and the use of construction ..� machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Whenever any such damage may be done, the Contractor shall immediately satisfy all claims of the property owners, and no payment will be made by moo Fort Worth Water Department C-30 Genera!Conditions r the Owner in settlement of the claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. .t C6-6.6 PRIVELEGES OF CONTRACTOR rN STREETS. ALLEYS, ARID RIGHT OF WAY: For performance o f the contract,the Contractor shall be permitted to use and a occupy such portions of the public streets and alleys, or other public places or other right- of-ways as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials,and equipment-for construction purposes may be stored in such space,but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property, if the street is occupied by railway tracks,the work shall be carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars,etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor, and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. p C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway,the City shall secure the necessary easement for the work_ Where the railway tracks are to be crossed,the Contractor shall observe all the regulations and instructions of the railway company as to the method of performing the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less than five(5)days prior to the time of his intentions to begin the work on that portion of the project which is related to the railway properties, The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS, AND WATCHMEN: Where the work is carried on in or adjacent to any street,alley,or public place, the Contractor shall at his own expense furnish,erect, and maintain such barricades, fences,lights and danger signals, I 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. i provisions forth in he All installations and procedures shall be consistent with the proves n set o h t 1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways", Fort Worth Water Department C-31 General Conditions +14 .q issued under the authority of the"State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d V'eron's Civil Statutes,pertinent sections being Nos. 27,29, 30,and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction,the Contractor shall contact the Transportation and Public Works Department, Signs and.Markings Division, to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. It the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign ti shall be left in place until the temporary sign requirements are net. 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 sof 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 Contractor elect to use explosives, drop weight, etc.,in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four(24)hours in advance of the use of any activity which might damage or endanger their or his property along or adjacent to the work. ~` Where the use of explosives is to be permitted on the project, as specified in the Special Construction Documents, or the use of explosives is requested, the Contractor shall �` submit notice to the Engineer in writing twenty-four(24)hours prior to commencing and Fort Worth Water Dcpartment C-32 General Conditions shall furnish evidence that he has insurance coverage to protect against any damages OL and/or injuries arising out of such use of explosives. All claims arising out of the use of explosives shall be investigated and a written report !� made by the Contractor's insurers to the Engineer within ten (10) days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The City shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed. Whenever explosives are stored, or kept, they shall be stored in a safe and secure manner f and all storage places shall be plainly marked "DANGEROUS EXPLOS1VE5"and shall be under the care of a competent watchmen at all times. All vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible, not use heavy traffic routes. C6-6,1.0 WORK W1TH1N EASEMENTS: Where the work passes over, through,or into private property,the Owner will provide such right-of-way easement privileges as the City may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary b the Contractor shall be provided b him at his own r aTY y P y expense. Such additional rights-of-way or work are shall be acquired for the benefit of r the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise,the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and �. shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts,_ curbing, and all other types of structures or improvements, to all water, sewer, and gas tines, and to all conduits, overhead pole lines,or appurtenances thereof, including the construction of temporary fences,and to all other public or private property along or adjacent to the work. The Contractor shall notify the proper representatives of owners or occupants of public or private lands or interest in lands which might be affected by the work. Such notice shall be made at least forty-eight(4$)hours in advance of the beginning of the work. Notices s� shall be applicable to both public and private utility companies or any corporation, company, individual,or other,either as owners or occupants, whose land or interest in land might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act,omission,neglect,or N misconduct in the manner or method or execution of the work,or at any time due to defective work, material, or equipment. Fort worth water Department C-33 General Conditions When and where any direct or indirect injury is don to public or private property on account of any act,omission, neglect,or misconduct of the execution of the work, or in .„ consequence of the non-execution thereof on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done,by repairing,rebuilding,or otherwise replacing and restoring as may be directed by the Owner,or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. •� All fences encountered and removed during construction of this project shall be restored to the original condition or a better than original condition upon completion of this •., project. When wire fencing,either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts provided at the permanent easement limits,before the fence is cut. v "Temporary fencing shall be erected in place of fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal,temporary closures, and replacement shall be subsidiary to the various items bid in the project proposal. �+ Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property to make good such ' damage or injury,the Owner may,upon forty-eight(48)hours written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results,proceed to repair,rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due or to become due to the Contractor under this Contract. ~" Q6-6-11 fNDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that the Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer,agent, servant or employee of the Owner. Contractor shall have exclusive control of and the exclusive right to control the details of all the work and services performed hereunder,and all persons performing same,and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees,and invitees. The doctrine of respondeat superior shall not apply as between the Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between the Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers,agents, servants and employees, from and against any and a all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons,of whatever kind or character,whether real or asserted, arising out of �4 Fort Worth water Department C-34 General Conditions or in connection with, directly or indirectly,the work and services to be performed �* hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART BY THE ALLEGED NEGLIGENCE OF ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LISCENSEES, AND INVITEES OF THE CITY; and said Contractor does hereby covenant and agree to assume all liability and responsibility of City, its officers, agents, servants and employees + for any and all claims or suits for property loss or damage and/or personal injury, including death,to any and all persons, of whatsoever kind of character,whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees and invitees, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, AGENTS, SERVANTS, "F EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES AND INVITEES OF THE CITY. Contractor likewise covenants and agrees to, and does hereby indemnify and hold harmless the City from and against any and all injuries, damage, loss or destruction to property of the City during the performance of any of the t terms and conditions of the Contract, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES r OR INVITEES OF THE OWNER. In the event a written claire for damages against the contractor or subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department,as evidenced by a Final inspection, final payment to the Contractor shall not be recommended to the Director of the Water Department for a period of thirty(30)days after the date of such final inspection,unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. w y If the claims concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in the amount equal to the dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of performance of such work, and such semi-final payment may be recommended by the r, Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: A. The claim has been settled and a release has been obtained from the claimant involved,or k Fort Worth water Department C-35 General Conditions