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HomeMy WebLinkAboutContract 31690 31L�0 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF: CIVIL WORK ASSOCIATED WITH ENTRANCE SECURITY IMPROVEMENTS AT NORTH HOLLY, SOUTH HOLLY, AND ROLLING HILLS WATER TREATMENT PLANTS PROJECT NO. PW 164-060164050001 PREPARED FOR: VO, T WOR 1 H CITY OF FORT WORTH WATER DEPARTMENT PREPARED BY: ru . '' CP&Y PROJECT NO. CFW0332 AUGUST 30, 2004 JAO7 4 0 4-15-0 ,l R C V u ORIGINAL 1 7 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/9/2004 DATE: Tuesday, November 09, 2004 LOG NAME: 60SECURITY REFERENCE NO.: **C-20398 SUBJECT: Award of Contract to AUI Contractors, L.P. for Civil Construction Work Associated with Entrance Security Improvements at North Holly, South Holly and Rolling Hills Water Treatment Plants RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with AUI Contractors, L.P. in the amount of$497,780.00 for civil construction work associated with entrance security improvements at North Holly, South Holly and Rolling Hills Water Treatment Plants. DISCUSSION: In 2002 CH2M Hill completed a Vulnerability Assessment of Water Department facilities. In the study it identified the need to increase security and access control at the main entrances of the Fort Worth Water Department treatment plants. Since Chiang, Patel & Yerby (CP&Y) were already under contract to design alert notification and access control improvements, the additional security upgrades identified in the CH2M Hill study were incorporated into the final CP&Y gate designs. The proposed contract with AUI Contractors, L.P. will include final site grading, base stabilization, building foundation, pavement and curb and gutter installation at the entrance gates at the North Holly, South Holly, and Rolling Hills water treatment plants. Rough grading and utility work will be performed in house by the Fort Worth Water Department. Gates and controllers will be installed by ADT under a previously approved contract. The project was advertised for bid on September 13 and September 23, 2004. On September 30, 2004, the following bids were received: BIDDERS BASE BID ALTERNATIVE BID ALTERNATIVE BID TRAFFIC BARRIERS PAVEMENT STRIPING AUI Contractors, L.P. $486,280.00 $10,730.00 $770.00 Ed A. Wilson, Inc. $742,000.00 $7,000.00 $4,600.00 The contract award amount will include alternative bids for traffic barriers in the amount of $10,730 and pavement striping in the amount of$770. In addition to the contract amount, $24,889 in contingency funds are required for possible change orders. AUI Contractors, L.P. is in compliance with the City's M/WBE Ordinance by committing to19% M/WBE participation. The City's goal on this project is 19%. Logname: 60SECURITY Page 1 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/AccounVCenters FROM Fund/Account/Centers P163 541300 060163050002 $497,780.00 Submitted for City Manager's Office by_ Marc Ott (8476) Originating Department Head: S. Frank Crumb (Acting) (8207) Additional Information Contact: S. Frank Crumb (Acting) (8207) Logname: 60SECURITY Paae 2 of 2 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF: r CIVIL WORK ASSOCIATED WITH ENTRANCE SECURITY IMPROVEMENTS ` AT NORTH HOLLY, SOUTH HOLLY, AND ROLLING HILLS WATER TREATMENT PLANTS PROJECT NO. PW 164-060164050001 PREPARED FOR: r t,0RT' � TH CITY OF FORT WORTH WATER DEPARTMENT PREPARED BY: tiff L CP&Y PROJECT NO. CFW0332 AUGUST 30, 2004 Lo NOTICE TO BIDDERS Sealed Proposals for the Entrance Security Improvements at North Holly, South Holly and Rolling Hills Water Treatment Plants, Department Project Number PW164-060164050001, addressed to Charles Boswell, Interim City Manager, will be received until 1:30 p.m. on the date of the bid opening, at the Office of the Purchasing Division, located on.the lower level of the Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. The bids will be publicly opened and read aloud in the City Council Chambers at: 2:00 p.m., September 16, 2004 n % Special Contract Documents, including plans and detailed specifications, have been prepared for this project and may be obtained from Chiang, Patel and Yerby. Inc. located at 15100 Trinity Blvd. Suite 200, Fort Worth, Texas 76155 (PH: 817-354-0189). The documents will be available for a non-refundable fee of $150 per set. Prequalification according to the Fort Worth Water Department Contract Specifications (as listed in Special Instructions to Bidders) is required. All bidders must submit prequalification documentation with the city of Fort Worth Water Department a minimum of seven (7) days prior to the bid opening. A pre-bid conference will be held at 10:OOA.M., Thursday, September 9, 2004 at the Fort Worth Water Department North Holly Training Room, 921 Fournier St. Fort Worth , TX. Attendance is not mandatory for prospective bidders. Representatives of the Owner and Engineer will be present to discuss the project. Engineer will transmit to all prospective bidders of record such Addenda, as Engineer considers necessary in response to questions arising at the conference. A site visit will be held after the pre-bid conference. Please contact Michael Graves at 817-354-0189 no later than close of business on Tuesday September 7, 2004 and provide a list of attendees for the purpose of access to the Pre-Bid Conference. The City reserves the right to reject any or all bids and waive any or all irregularities. No Bid may be withdrawn until the expiration of ninety (90) days from the date the Bids are opened. Charles Boswell Interim City Manager Marty Hendrix City Secretary Publication Dates: September 2, 2004 September 9, 2004 City of Fort Worth Table of Contents Entrance Security Improvements TABLE OF CONTENTS NOTICE TO BIDDERS PART A SPECIAL INSTRUCTIONS TO BIDDERS PART A PROPOSAL PART B MINORITY AND WOMEN BUSSINESS ENTREPRISE SPECIFICATIONS PART B GENERAL CONDITIONS PART C SUPPLEMENTARY CONDITIONS PART CS SPECIAL CONDITIONS PART D TECHNICAL SPECIFICATIONS PART E DIVISION 1 GENERAL REQUIREMENTS 01010 Summary of Work 01200 Project Meetings 01300 Submittals 01310 Construction Schedule 01370 Schedule of Values 01410 Independent Testing Services 01720 Project Record Documents DIVISION 2 SITE WORK 02000 Mobilization 02200 Earthwork 02225 Flowable Fill -' DIVISION 3 CONCRETE 03100 Concrete Formwork 03200 Concrete Reinforcement 03250 Concrete Joints and Embedded Items 03300 Cast-in-Place Concrete 03345 Concrete Finishing 03450 Precast Traffic Barriers CERTIFICATE OF INSURANCE/BONDS/ CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATION LAWS PART F CONTRACT PART G CONSTRUCTION DETAILS PART H CFW0332 i ISSUE:0 ENTRANCE SECURITY IMPROVEMENTS 5/28/04 ACE TABLE OF CONTENTS SPECIAL INSTRUCTIONS TO BIDDERS (August 4,2003) 1. PREOUALIFICATION REQUIREMENTS. All contractors submitting bids are require to be pre-qualified by the Fort Worth Water Department prior to submitting bids. This pre-qualification process will establish a bid limit based on technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable equipment schedule, names and addresses of each individual or business entity owning 10% or more of the bidding entity, and any other documents the Department may deem necessary, to the Director of the Water Department or his designated representative, at least seven(7) calendar days prior to the date of the opening of bids. a) COVER LETTER. The cover letter provided by the prospective bidder with the pre-qualification information must include the following information: • Contact person (for additional information) if other than individual who signed the cover letter • If the bidder intends to submit a bid within thirty (30) days from the date that the pre-qualification request is submitted to the City, a statement as to the project to be bid and the date that the bids are scheduled to be opened. b) FINANCIAL STATEMENT. The financial statement required shall have r} been prepared by an independent certified public accountant or independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status of the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. C) EXPERIENCE RECORD. For an experience record to be considered acceptable for a given project, it must reflect the experience of the firm seeking qualification in the work of both the same nature and technical level as that of the project for which bids are to be received. Experience must be on projects that were completed no more than 5 years prior to the date on which bids will be received. A minimum of three references must be included. References must include a contact person name, telephone number, project name and total cost, and type of work done (Utility contractor shall list pipe size and pipe linear footage). d) EQUIPMENT SCHEDULE. The prospective bidder shall list the equipment that the Contractor has available for the project and list the equipment that Contractor will rent as may be required to complete the project on which the Contractor submits a bid. - A-1 1-l t i'J :C' 3. BONDS. A performance bond, a payment bond, and a maintenance bond each for one hundred(100%)percent of the contract price will be required. Reference C3-3.7. 4. WAGE RATES. Not less than the prevailing wage rates established by the City of Fort Worth, Texas, and as set forth in the Contract Documents. Must be paid on this project. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Prior to the award of contract to an out-of-state bidder, the bidder shall be licensed to do business in the State of Texas. For licensing procedures, contact the Texas Secretary of State Offices (Telephone Number 1-512-463-5555 or 1-900-263-0060) 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statues, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower that the lowest bid submitted by a Texas resident bidder by the same amount that a Texas resident would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident `s principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has a place of business in the State of Texas. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be paid within forty-five (45) days after the completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this A-3 and barred from participating in City work for a period of time of not less that three (3) years. 12. ADDENDA: Bidders wanting further information, interpretation or clarification of the contract documents must make their request in writing to the Fort Worth Water Department Engineering Services, at least 96 hours prior to bid opening. Answers to all such requests will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in or omissions from, the Contract Documents, or should the bidder be in doubt as to their meaning, the bidder should at once notify the Fort Worth Water Department Engineering Services, in order that a written addendum may be sent to all bidders. Any addenda issued will be mailed or be delivered to each prospective bidder. The bid proposal as submitted by the bidder must be so constructed as to include any addenda issued by the Fort Worth Water Department, prior to 24 hours of the opening of bids with appropriate recognition of addenda so noted in the bid proposal. A-5 PART B-PROPOSAL (This proposal must not be removed from this book of Contact Documents) TO: CHARLES BOSWELL INTERIM CITY MANAGER FORT WORTH, TEXAS PROPOSAL FOR: furnishing of all materials and equipment and labor, and all necessary appurtenances and incidental work to provide a complete and operable project designated as: City of Fort Worth Water Department Civil Work Associated with Entrance Security Improvements at North Holly, South Holly, and Rolling Hills Water Treatment Plants Project Number PW164-060164050001 Pursuant to the foregoing "Notice to Bidders," the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material, except as specified to be furnished by the city, which is necessary to fully complete the work as provided in the plans and Contract Documents and subject to the inspection and approval of the Director of the City Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, -- Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completion of the said work. Contractor proposes to do the work within the time stated and for the following sums: PAY APPROX DESCRIPTION OF ITEMS UNIT PRICE AMOUNT ITEM QTY. WITH BID PRICES WRITTEN IN WORDS BID 1 GENERAL CONSTRUCTION—BASE BID 1 1.1 LS Civil work associated with entrance security improvements at North Holly Water Treatment 5 Plant -r rDollars n ',--cents/LS $ � -/)So`— $ -Z3� o ;t B-1 1.2 LS Civil work associated with entrance security improvements at South Holly Water.Treatment Plant......... � Dollars and ti 1�7 cents/LS 0 ao y'- 1.3 LS Civil work associated with entrance security improvements at Rolling Hills Water Treatment Plant Main Entrance .. �-0- :Z FV& � a'=r-jt� � `Dollars.... and cents/LS $ ' �f' v �- � sob 2.1 LS Civil work associated with entrance security improvements at Rolling Hills Water Treatment Plant Rear Entrance. Dollars _ and 1K"i'- cents/LS T BASE BID i STJUXXAD BASE BID 1 TOTAL Bid Items 1.1 through 1.4 PAY APPROX DESCRIPTION OF ITEMS UNIT PRICE AMOUNT ITEM QTY. WITH BID PRICES BID WRITTEN IN WORDS 2. GENERAL CONSTRUCTION—BASE BID 2 2.1 LS Civil work associated with entrance security improvements at North Holly Water Treatment Plant. .............................. Dollars and l cents/LS $ 75 � `= $ 75 6v 4 = B-2 _ 2.2 LS Civil work associated with entrance security improvements at South Holly Water Treatment Plant......... > E d a EiDollars and � cents/LS $24- /7,7eC' $ 2-C%°s ' 2.3 LS Civil work associated with entrance security. improvements at Rolling Hills Water Treatment Plant Main Entrance . ........Dollars.... and Od,---° cents/LS $ ae o $ ov A BASE BID 2 SUMMARY r BASE BID 2 TOTAL (Bid Items 2.1 through 2.3) $ 4.� PAY APPROX DESCRIPTION OF ITEMS UNIT PRICE AMOUNT ITEM QTY. WITH BID PRICES BID WRITTEN IN WORDS 3. ALTERNATIVE BID ITEMS 3.1 60,056 SF Asphalt pavement at South and North Holly Water Treatment Plants. Dollars and .� 11a� cents/LS $ $ 1031 - c)_- 3.2 200 LF Traffic Barriers at all entrances .. "Dollars and �; cents/LS $ S�. $ �- 3.3 2300 LF Striping at all entrances 'Dollars and 41 cents/LS $ % $ Ro ' B-3 Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents,for the faithful performance of the Contract. The attached bid security in the amount of 5% of the total amount bid is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certifies that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and all addenda thereto, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the Special Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractor, and employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No 7278 as amended by City Ordinance No 7400. This contract is issued by an organization, which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise, and Use Tax Act. All equipment and materials not consumed by or incorporated into the project construction are subject to State sales taxes under house Bill 11, enacted August 15, 1992. City will issue separate work orders for each of the four entrances. The Bidder agrees to begin work with ten (10) calendar days after issue of each work order, and be substantially complete on the within fifty (50) days after issue of each work order and have final completion by seventy(70) days after issue of each work order. State of Residency: (complete A or B below, as applicable) ----A. The principal place of business of our company is in the State of Non resident bidders in the State of our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statue is attached. Non-resident bidders in the State ofour principal place of business, are not required to underbid resident bidders. -"--B. The principal place of business of our company or ourarent company majority holder is in the State of Texas. p or 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 in preparation of the foregoing bid: B-4 Addendum No. 1 (Initials) Addendum No. 2 (Initials) Addendum No. 3 (Initials) E. Doug Al ,tbauoh Si e of Principal Executive ice President Title or Position AUI Contractors, L.P. By: 1 i-iana erLent, L General Partner Contractor 4775 North Freeway (Seal) Street If Bidder is Corporation Fort North, TX 76106 City, State,Zip Date: Sept. 23,2004 817/926-4377 Telephone Number B-5 CPay--) CHIANG, PATEL & YERBY, INC. ADDENDUM NO. 1 SEPTEMBER 13, 2004 FOR CITY OF FORT WORTH CML WORK ASSOCIATED WITH ENTRANCE .SECURITY IMPROVEMENTS AT NORTH HOLLY, SOUTH HOLLY AND DOLLING HILLS WATER TREATMENT PLANTS PROJECT NO.: PW164-060164050001 ORIGINAL DID DATE: September 16, 2004 2:00 P.M. TO: ALL DOCUMENT HOLDERS OF RECORDS This Addendum forms a part of the Contract Documents and modifies the original Contract Documents dated August 6,2004. Acknowledge receipt of this Addendum in the space provided in the Bid Form. Failure to do so may subject Bidder to disqualification. This Addendum consists of: three (3) items, including a Revised Notice to Bidders, and Bid Proposal. A total of seven (7) pages are included in ADDENDUM NO. 1. CFW0332 Addendum No.1 Page 1 Of 2 September 13,2004 J • � � y i Q LC1 � r eroy 1 81 73544935 ; 09/21 /2004 7:09PPA; #20; P a a e -a p O G Q1 CRY) CHIANG, PATEL & YERBY, INC, U z 0 ADDENDUM No. 2 SEPTEMBER 21, 2004 r 7n FOR �. r b c CITY OF FORT WORTH CIVIL WORK ASSOCIATED � �JU WITH ENTRANCE SECURITY IMPROVEMENTS 1 AT yy NORTH HOLLY, SOUTH HOLLY AND ROLLING HILLS WATER TREATMENT PLANTS PROJECT No.: PW164-060164050001 ORIGINAL RID DATE: September 16, 2004 2:00 P.M. TO: ALL DOCUMENT HOLDERS OF RECORDS This Addendum forms a part of the Contract Documents and modifies the original Contract Documents dated August 6,2004. Acknowledge receipt of this Addendum in the space provided in the Bid Form. Failure to do so may subject Bidder to disqualification. This Addendum consists of: twelve (12) items. A total of three (3) pages are included in ADDENDUM NO. 2. CFW0332 Page 1 of 3 Addendum No.2 September 21,2004 IJy 18173544935• 09/21 /2004 7:10PM; #20; P,-i pay-) CHIANG, PATEL & YERBY, INC. SPECIFICATIONS 1. This Addendum modifies the bid date to Septe�nb®r 30 24134. 2, Change Specification 01010, 1.03 B. 2,, to read: "Ali concrete and form work." Owner will install anchorage for the building, g. Add to Specification 01010, 1.03 B., the following: 6. Relocate guard rails 7. Pour concrete for light piers 4. Change Specification 01010, 1.03 C. 6., to read: "Set proposed guard station building with anchorages." 5. Add to Specification 0 10 10, 1.03 C., the following: 9. Drill for light piers, set pier form, and install electrical conduit. DRAWINGS 6, Sheet RH C2—change the scale from 1'°=5' to 1-=1 0,. 7. Sheet RH C7, Section 12 — change the V-6" dimension to "VARIES". Elevations are shown on Sheet RH C4. Finished floor elevations should drain toward street. 8. Sheet RH C7, Section 10 — change the dimensions as indicated below: a. Change 64'-0"to "VARIES" b. Change 24'-0"to 6" c. Change 48'-0" to 1'-0" d. Change 15'-11"to 6" 9, Sheet RH C7, Section 11 —change the dimensions as indicated below: a. Change 66'-11" to "VARIES" b. Change 15'-2" to 6" c. Change 32'-3"to 1'-0" d. Change 16'-0"to 6" 10, Sheet RH C12, Section 10 —change the dimensions as indicated below: a. Change 544'-0" and 544'-1" to 17'-0" b. Change 79'-5"to "VARIES" c. Change 79'-4" to "VARIES" d. Change 15'-11"to 6" e. Change 16'-0" to 6- 11. Sheet RH C12, Section 11 —change the dimensions as indicated below: a. Change 544'-1"to 17'-0" b. Change 79'-10" to "VARIES" CF W 0332 Addendum No.2 Page 2 O#3 SOP;ember 21,2004 y c1 C' r'y 18173544935; -- ' 09/21 /2004 7:10PM; #20; Page NYCHIANG, PATEL & YERBY, INC. e. Change 79'-3" to "VARIES' d. Change 16'-0"to 6" e. Change 16'-2" to 61, 12. Sheet RH C12, Section 12. This section should be similar to Section 12 on Sheet RH C7. Change the V-6" dimension to "VARIES". Circles shown indicate drainage outlets. Use a single 3" diameter PVC pipe as a drainage outlet. Finished floor elevations should drain away from street. CF W 0332 Addendum No.2 Page 3 of 3 SePtMber 21,2004 RV-)- CHIANG, PATEL & YERBY, INC. SPECIFICATIONS 1. This Addendum modifies the bid date to September 23 2004. 2. Pre-bid meeting is rescheduled to be held at 10:00 A.M., Thursday, September 16, 2004, at the South Holly Water Treatment Plant Water SCADA Conference Room, 1500 11th Ave., Fort Worth, TX. A site visit will be held after the pre-bid conference. Please contact Michael Graves at 817-354-0189 no later than close of business on Wednesday, September 15, 2004, and provide a list of attendees for the purpose of access to the Pre-Bid Conference. 3. Base Bids on Part B— Proposal have been changed. See Part B attached. CFW0332 Addendum No.1 Page 2 Of 2 September 13,2004 CPa ` CHIANG, PATEL tic YERBY, INC. yt - ADDENDUM NO. 2 SEPTEMBER 21, 2004 FOR CITY OF FORT WORTH CIVIL WORD ASSOCIATED WITH ENTRANCE SECURITY IMPROVEMENTS AT NORTH HOLLY, SOUTH HOLLY AND ROLLING HILLS WATER TREATMENT PLANTS PROJECT No.: PWI64-06016405000'1 ORIGINAL BID DATE: September 16, 2004 2:00 P.M. TO: ALL DOCUMENT HOLDERS OF RECORDS This Addendum forms a part of the Contract Documents and modifies the original Contract Documents dated August 6,2004. Acknowledge receipt of this Addendum in the space provided in the Bid Form. Failure to do so may subject Bidder to disqualification. This Addendum consists of. twelve (12) items. A total of three (3) pages are included in ADDENDUM NO. 2. CFW0332 Addendum No.2 Page 1 Of 3 September 21,2004 ("72 R Y. "'4CHIANG, Pie T EL & YERBV, INC. SPECIFICATIONS 1. This Addendum modifies the bid date to September 30 2004. 2. Change Specification 01010, 1.03 B. 2., to read: "All concrete and form work." Owner will install anchorage for the building. 3. Add to Specification 01010, 1.03 B., the following: 6. Relocate guard rails 7. Pour concrete for light piers 4. Change Specification 01010, 1.03 C. 6., to read: "Set proposed guard station building with anchorages." 5. Add to Specification 01010, 1.03 C., the following: 9. Drill for light piers, set pier form, and install electrical conduit. DRAWINGS 6. Sheet RH C2—change the scale from V=5'to 1"=10'. 7. Sheet RH C7, Section 12— change the V-6" dimension to "VARIES". Elevations are shown on Sheet RH C4. Finished floor elevations should drain toward street. 8. Sheet RH C7, Section 10 — change the dimensions as indicated below: a. Change 64'-0" to "VARIES" b. Change 24'-0"to 6" c. Change 48'-0"to 1'-0" d. Change 15'-11"to 6" 9. Sheet RH C7, Section 11 — change the dimensions as indicated below: a. Change 66'-11"to "VARIES" b. Change 15'-2"to 6" c. Change 32'-3"to 1'-0" d. Change 16'-0"to 6,, 10. Sheet RH C12, Section 10 —change the dimensions as indicated below: a. Change 544'-0" and 544'-1"to 17'-0" b. Change 79'-5" to "VARIES" c. Change 79'-4" to "VARIES" d. Change 15'-11" to 6,, e. Change 16'-0"to 6" 11. Sheet RH C12, Section 11 —change the dimensions as indicated below: a. Change 544'-1"to 17'-0" b. Change 79'-10"to "VARIES" CFW0332 Page 2 Of 3 Addendum 2004 September,2l, f i(;r cpc .,,Y V CNy. �')11 CHIANG, ISA T E L & `7°ERBY, INC. c. Change 79'-3"to "VARIES" d. Change 16'-0"to 6" e. Change 16'-2"to 6" 12. Sheet RH C12, Section 12. This section should be similar to Section 12 on Sheet RH C7. Change the V-6" dimension to "VARIES". Circles shown indicate drainage outlets. Use a single 3" diameter PVC pipe as a drainage outlet. Finished floor elevations should drain away from street. CFW0332 Addendum No.2 Page 3 Of 3 September 21,2004 ]JEC-)R,T WORTH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the M/WBE goal is applicable. If the total dollar value of the contract is less than $25,000, the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. MNVBE PROJECT GOALS The City's MBE/WBE goal on this project is 19 % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE.participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817) 871-6104. Rev.5/30/03 ATTACHMENT 1A F� O RTH Page 1 of City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime AUI Contractors, L.P. PROJECT NAME: M/W/DBE n NON-M/W/DBE Entrance Security Irlproveanents and North Holly, South dolly & Rolling bills Water Treatment Plants BD DATE City's M/WBE Project Goal: -------- 9/30/04 Prime s M/WBE Project Utilization: ° PROJECT NUMBER 19 /° 19.76 % P164--060164050001 Identify all subcontractors/suppliers you will use on this project Failure,to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firms) listed in this utilization schedule, ,conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation'of facts isgrounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications 10 I WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant,Parker,Johnson, Collin,Dallas, Denton,Ellis,Kaufman and Rockwall counties. [Identifyeach Tier level. Tier is the level of subcontracting below the prime contractor i.e. a direct payment frome e contractor to a subcontractor is considered ls`tier, a payment by a subcontractor to its supplier is considered 2na ALL M/WBEs MUST BE CERTIFIED)BEFORE CONTRACT AWARD. Certification means those firms, 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 Minority/-Women Business Enterprise(MIWBE). In f hauling services'are utilized,the prime will be given credit as long as the M/WBE listed owns and operates at least ne fully licensed and operational truck to be used on the contract. The M/WBE may lease-trucks from another /WBE firm,including M/WBE owner-operators,and receive full M/WBE credit. The M/WBE may lease trucks from on-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the /WBE as outlined in the lease agreement. Rev.5/30/03 FORTWORTH ATTACHMENT 1A Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. WWX N SUBCONTRACTOR/SUPPLIER n Company Name Detail Detail Address M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax W BE Cowtown Redi Mix Con 3400 Bethlehem Fort Worth, TX 76111 Concrete $85,000.00 817/759-1919 817/759-1716 l5� 6 Rev.5/30/03 FORTWORTH ATTACHMENT 1A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification t (check one) C SUBCONTRACTOR/SUPPLIER T r Company Name i N T Detail Detail Address e M W C X P Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D E E R O E C T E A Rev.5/30/03 FORT I VORT i-1 ATTACHMENT 1A Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 85,000.00 Total Dollar Amount of Non-M/%"E Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 85,000.00 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request far Approval o Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord With the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted,it will affect the final compliance determination. By affixing a signature to this form,the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including submitted with the bid. The Offeror also agrees to allow an audiarrangements t and/or examination of any books, and files held by their company. The bidder agrees to allow the transmission of interviews with owners,principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract,by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an - irresponsible Offeror and barred from participatin in City work for a period of time not less than one(1)year. ' k Authorized Signati{re , B. Doug Aluiabaugh l t> Printed Signature Executive Vice Pres?cient Title kicky Graves — Project li?nager Contact Name,1 itle Of different) AYJi Contractors, L.P. 817/926-4377, Fax 817/926-4387 Company Name Telephone and/or Fax 4775 Borth Freeway Address rgraves@auigc.com E-mail Address Fort Worth, TX 76106 October 6 City/State/Zip , 2004 Date -., , aILA M. ATTACHMENT 1C Page 1 of 3 FORT WORT '��---- City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe rime PROJECT NAME: MAW/DBE NON-M/W/DBE BID DATE City's M/WBE Project Goal: PROJECT NUMBER If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunityl for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FSS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Ro., nsnnim ATTACHMENT 1C Page 2 of 3 2.) Obtain a current(not more than three(3) months old from the bid open date) list of MIWBE subcontractors and/or suppliers from the City's MJWBE Office. Yes Date of Listing J J No 3.) Did you solicit bids from MJWBE firms,within the subcontracting and/or supplier areas previously *< listed, at least ten calendar days prior to bid opening by mail,exclusive of the day the bids are opened? Yes (If yes,attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from MIWBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes (If yes,attach list to include name of MIWBE firm,person contacted,phone number and date and time of contact.) No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of MJWBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? Yes No 6.) Submit documentation if MJWBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MJWBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection '^ of any relevant documentation by City personnel. (Pie se use additional sheets, if necessary,and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection Po nrmnrnz ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain MIWBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title Contact Name and Title(if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date � 9 PAW , knim I��Pib Ill�p^ 1 �� t��� �u 1��`j l ,i `�1�+� N Ul1V �i���,r u � �i �,9, l�j� il " 1 ' � �, �,,��, t"m � �II rt �i�!I�lw�P �ie°5 "I yrs r� p�p��� ��' d 4�� dPi�;at� lif��Y„�� �ij���l � �r�II�� i�.� �ad�ti. (l� 'Sd ,�� � s� {�l '�\u �,J�iv��l �� � i � � �Ip Nh �)oll ,��. �,�(�u ���� , ,uru���'��ll)u, ��o�, .v �k� .I, ���F � �s �;�� i �Jt �I !i '�� III��;, h1�4`� i r;�"(�fur,4s 11t ��GI�„ �� ,�,��,. ���i �� „, � ���� ��� �!yJ�' ����!o N�L�U t��,' _��q, il�� �,, ii .' ��i �� r��� �h��v py, ii u � ii, q �� r„ �� ��i i r� if «hld f,�o ii ,mw � 'r 9�P,. i U n� J �� f'� �; ��1 I'� its �h°p. � ���� ,��l�� I �����„} !''� S � �'i�i ���Ilil �i'�fi wl�i q �� �h �' � �: � a i ` �+,�� �� � �` I � � �, ,f ,, �, (, z� ��� �, ��1}�ilslf �,i °����� �,� i �, „��� ;� �7 � !i�1 ,,�t ,,,�N,' MR FORT ATTACHMENT 1B �R�� Page 1 of 1 City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAME: Check applicable block to describe rime PROJECT NAME: MAV/DBE NON-M/W/DBE BID DATE City's M/WBE Project Goal: PROJECT NUMBER If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if bah answers are yes. Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m.,five(5)City business days after bid opening, exclusive of the bid opening date,will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, NO this is your normal business practice and Erovide an operational profile of Xour business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/ BE(s) on this contract, the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of x-11 the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1)year. I I �AIi11Al��l 111■ Authorized Signature Printed Signature Title Contact Name(if different) Company Name Phone Number Fax Number �z Address Email Address City/State2ip Date Rev.5/30/03 � � t �� ���� � k �'� ���I�"� f V "w� �!�' i rV`„ ff I� d�Ni�� rt4 �i�� r j(( r ��`n��144 1`� f A �,<< �, i� 1` �� ui ��! �i� .�� 4 m� � �� ,yl����� ���� � ��y�l t��4f4 U�,�� �tit��. i+ ;L,,,� "�' f� P' � � � i �,4�i�' is ii � 7y�: i�IIS,( 'J `r�i "' �i�l� i';, ''�� qu,p �t� ,�+ ��� V ��� �Nf i �i�I I}y� � i��(N) P �� i, in � ���uu � � '�, 1 ',��I yu�,,�. 't � � ������Id ��� � �w;, I�� ���„ ,�, �; � �z ��,� ,hn , �� �� i� �ur�, , 1�' ��,� ���r � ,� (, �� rs � ", u ��. dU � ° niti � M� ,!�( Joint Venture Page 1 of 3 17(3%RT WO RT„�- CITY OF FORT WORTH Joint Venture EhLyibility Form A11 questions must be answered;use"NA"if applicable. Name of City project: A joint venture form must be completed on each project RFP/Bid/Purchasing Number: 1.Joint venture information: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: Facsimile: E-mail address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the joint venture M/WBE firm Non-M/WBE name firm name: Business Address: Business Address: City,State,Zip: City,State,Zip: Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certification Status: E-mail address Name of Certifying Agency: 2. Scope of work performed by the Joint Venture: P„ Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE: Ro„ C;rznrnz Joint Venture Page 2 of 3 3.What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward ' meeting the project goal? 4.Attach a copy of the joint venture agreement. 5.List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement) Profit and loss sharing: Capital contributions,including equipment: Other applicable ownership interests: 6. Identify by name,race,sex and firm those individuals(with titles)who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating ----------------------------------------------- b. Marketing and Sales ----------------------------------------------- c. Hiring and Firing of management personnel ---------------------------------------------- �. d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the M/WBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's ` M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's M/WBE Ordinance. ao., rmnina VM Joint Venture Page 3 of AFFIDAVIT OW The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint ,. venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books,records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false e• statements or willful misrepresentation of facts_`--_ --------- --------------------------------------------- Name of M/WBE firm Name of non-M/WBE firm Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title Date Date a 00 Notarization PM State of County of On this day of ,20 ,before me appeared PP and to me personally known and who,being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public Signature Commission Expires (S-4 Po rnn/n,� /»/ ~ r ° \ �}� ( § � <y , \ \ \\ 2« �a � } � � y{ � \ � � \` \� , 2� \ \ � y \ , � i\� � \ :j � y '/ \ �{ « ° } \ \y: : « �\, \ \ \ . © � / � \ 2 , � \ \ � »\ ` < 2\ / � `/ \\ � \ ° ~ � � } � \��ƒ} \ \} \ \� \ . \ ? , � ~2) ,� /� { � ' 2:\ 2) : } { \ � / 3. j \\ i \ \\ \ \ �\(: \ ^ \ � \ \ }\ ) � � L } . \: \. �2t� ) � � « \ /� � � \ � ^ � ( } \ � � � . \\ /) \ ^» / .� \ � ? ( } .\ \� : .) \ \ } . §w/ ) ©° \ 9 , ATTACHMENT 1 TABLE OF CONTENTS Subject Page No. I. DEFINITIONS ....................................................................... 1 II. PURPOSE ........................................................................... 4 III. CERTIFICATION ................................................................... 4 IV. PROGRAM GOAL SETTING ................................................... 4 V. APPLICABLE CONTRACTS 1. CONSTRUCTION ............................................................... 5 M/WBE UTILIZATION REQUIREMENTS COUNTING PARTICIPATION PAYMENTS RETAINAGE 2. PROFESSIONAL SERVICES ................................................. 8 M/WBE UTILIZATION REQUIREMENTS COUNTING PARTICIPATION PAYMENTS 3. PURCHASES10 ...................................................................... MIWBE UTILIZATION REQUIREMENTS COUNTING PARTICIPATION PAYMENTS BEST VALUE CRITERIA VI. POST AWARD COMPLIANCE .................................................... 13 VII. CONTRACT MONITORING AND REPORTING .............................. 15 VIII. EXCEPTIONS AND WAIVERS .................................................... 16 IX. PROGRAM ADMINISTRATION ................................................... 16 X. SANCTIONS ............................................................................ 18 XI. SEVERABILITY ........................................................................ 19 N�; ; � °ti � ,� �`` �II� q, ,n�,,,r, ���'�' �1 �,i dI �1�.,, �� j. �i�!` �. „� 9 �('iJ( 'I it I .�,�� i ��, �u� i ��. ��� � yI� �,lrGii���y 5� ��� d t ,5 �r v ,U ',I �i �I ' ,i "' i ' i �i �� '�� ���^ DilIl zl ����1 'I A .; �'� 'C ��, �� 'f,i '!1 9� 1 ,I °i �� i � i f�. �,u ,� �I ii�" t ,� ti ' �� � �� �� ,m Minority and Women Business Enterprise Ordinance Attachment 1 �^ ATTACHMENT I 1. DEFINITIONS: 1. Applicable Contract means any contract of $25,000 or more for construction projects and professional services and $25,000 or more for purchase agreements, as well as any other contracts that the City Council or City Manager deem appropriate. 2. Certified means those firms, located or doing business at the time of bid/proposal opening within the Marketplace, that have been determined to be a bonafide minority or women business enterprise by either the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation OM (TxDOT), highway division. 3. City means the City of Fort Worth, Texas. 4. City business day means Monday through Friday, inclusive, excluding legal holidays. Legal holidays shall be observed as prescribed by the City Council for observance as follows: New Year's Day January 1 M. L. King, Jr. Birthday Third Monday in January Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November .. Thanksgiving Friday Fourth Friday in November Christmas Day December 25 When one of the above named holidays falls on a Saturday, the holiday shall be observed on the preceding Friday. When one of the above named holidays falls on a Sunday, the holiday shall be observed on the following Monday. 5. Combined Projects means a construction contract, which includes paving and/or drainage elements of construction and water and/or sanitary sewer construction elements, but does not include a standard water and/or sanitary sewer contract where the pavement is temporarily or permanently repaired and that repair is not a separate unit. 6. Construction means the erection, rehabilitation, alteration, conversion, extension, demolition, improvement, remodeling or repair to any real property, including streets, storm drains and facilities providing utility service owned by the City. 7. Contract means a binding agreement whereby the City either grants a privilege or is committed to expend or .� does expend its funds or other resources for or in connection with a) construction of any public improvement, and b) purchase of any services (including professional services). The term includes"purchase order". 8. Contract Officer means the person employed by the City to oversee the performance of the contract. 9. Contracting Department means the department responsible for payment of contract obligations. ^� 10. Contractor means the business entity with whom the City has entered into an agreement. Includes the terms 'Vendor', "Prime Contractor' and "Prime Consultant'. 11 Goal means the percentage of minority business enterprise and/or women business enterprise participation on an applicable project as determined by the City, based on the availability of such businesses in the marketplace and the subcontracting/supplier opportunities of the project. E�l CITY ��i�� Minority and Women Business Enterprise Ordinance Attachment 1 12. Good Faith Effort means an honest and conscientious effort by the Offeror to meet the City's goal for M/WBE participation. Compliance with each of the following steps shall satisfy the Good Faith Effort requirement absent proof of fraud, misrepresentation, or intentional discrimination by the Offeror: 12.1. List each and every subcontracting and/or supplier opportunity for the completion of this project. On combined projects list each subcontracting and/or supplying opportunity through the 2nd tier. 12.2. Obtain a current (not more than three (3) months old from the bid open date) list of MM/BE subcontractors and/or suppliers from the City's M/WBE Office. 12.3. Solicit bids from M/ BEs, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened. 12.4. Solicit bids from M/ BEs, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened.. Note: A facsimile may be used to comply with either 12.3 or 12.4,but may not be used for both. Note: If the list of M/ BEs for a particular subcontracting/supplier opportunity is ten or less, the Contractor must contact the entire list within such area of opportunity to be in compliance with 12.3 and 12.4. If the list of M/ BEs for a particular subcontracting/supplier opportunity is ten or more,the Contractor must contact at least two-thirds of the list within such area of opportunity, but not less than ten,to be in compliance with 12.3 and 12.4. 12.5. Provide plans and specifications or information regarding the location of plans and specification to , M/WBEs. 12.6. Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the form of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the Offeror wishes to be considered by the City In the event of a bona fide dispute concerning quotes, the Offeror will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. 13. Horizontal Construction means construction of highways, roads, streets, bridges, utilities, water supply projects, water plans, wastewater plants, water and wastewater distribution or conveyance facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of projects associated with civil engineering construction as referenced in this ordinance. 14. Joint Venture means an association of two or more businesses, one of which must be a certified M/WBE firm. The M/WBE firm must be responsible for a clearly defined portion of the work to be performed, equal to a share in the ownership, control, knowledge, management, responsibility, risks, and profits of the joint venture. 15. Lease Agreement means a written agreement to transfer control and use of truck(s) from one business entity to another, which outlines fees and/or commissions. 16. Lease Trucks means trucks that are leased from another M/WBE firm, including M/WBE owner-operators. Trucks leased from non-MANBE firms will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. 17. Manager means the administrator of the M/WBE Office of the City of Fort Worth. 18. Managing Department means the department responsible for overseeing the day-to-day completion of the —• contract. 19. Manufacturer means one that manufactures a product by hand or machinery suitable for uses; the process of making wares. 20. Marketplace means the geographic market area as defined in the Availability and Disparity Study represented by the counties of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall. 2 Minority and Women Business Enterprise Ordinance Attachment 1 21. Minority means a citizen of the United States or lawfully admitted permanent resident that is Asian American, American Indian, Black or Hispanic. 22. Minority Business Enterprise is defined as a qualified business concern located in the Marketplace or providing proof of doing business in the Marketplace at the time of bid opening or the opening of responses to requests for proposals, meeting the following criteria: a. is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more minority persons; and b. management and daily business operations are controlled by one or more minority persons who own it. 23. MWBEAC means the Minority and Women Business Enterprise Advisory Committee appointed by the City Council to review the findings of Availability and Disparity Studies conducted for the City and present recommendations, in concurrence with the City Manager, on any amendments to the M/WBE Ordinance. 24. Mediation means an alternate dispute resolution method as authorized by the state law 25. Nepotism means the state or fact of showing favoritism to a relative on the basis of a relationship. 26. Non-compliance means failure of a prime contractor to comply with the Ordinance's requirements during the contract and/or at completion of the contract. 27. Non-responsive means failure of an Offeror to respond to the Ordinance's requirements upon submission of a bid or proposal; herein specifically defined by either 1) meet or exceed the stated project goal, or 2) make a good and honest faith effort to meet the project goal or 3) submit the prime contractor waiver or 4) submit the joint venture form. 28. Offeror means any person, firm, corporation, or partnership that submits a bid or proposal to provide labor, goods or services to the City where funds are expended. The term includes bidder and proposer. 29. Payment Dispute means a bonafide disagreement of payment. 30. Procurement means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services. 31. Professional Services means services, which require predominantly mental or intellectual labor and skills, includes, but is not necessarily limited to, architects, engineers, surveyors, doctors, attorneys, and accountants. 32. Project Manager see Contract Officer. 33. Purchasing means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services excluding construction and professional services previously defined. 34. Qualified means an individual or business entity having previously performed or received training in the work, industry or profession required. 35. Regular Dealer is defined as a firm that owns, operates, or maintains a store, a warehouse, or other establishments in which the materials or supplies required for the contract are bought, kept in stock, and are regularly sold retail or wholesale. 36. Subcontract means an agreement between the contractor and another business entity for the performance of work. 37. Subcontract/Supplier Opportunity means an area where there is more than one MANBE subcontractor/subconsultant/supplier in the market place. 3 Minority and Women Business Enterprise Ordinance Attachment 1 -R 38. Tier means the level of subcontracting below the prime contractor/consultant, i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2"d tier. 39. Vertical Construction means construction of a facility. Facility means buildings the design and construction of which are governed by accepted building codes. The term does not include: (A) highways, roads, streets, bridges, utilities, water supply projects, water plans, wastewater plants, water and wastewater distribution or conveyance facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of projects associated with civil engineering construction or (B) builds or structures that are incidental to projects that are primarily civil engineering construction projects. 40. Women Business Enterprise is defined as a qualified business concern located in the Marketplace or provide proof of doing business in the Marketplace at the time of bid opening or the opening of responses to requests for proposals, meeting the following criteria: a. is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more women; and b. management and daily business operations are controlled by one or more women who own it. II. PURPOSE: The ultimate goal of this ordinance is to remedy the effects of past underutilization in the Marketplace by increasing the utilization of minority and women business enterprises above the present low level to one more comparable to their availability in the Fort Worth Marketplace. Specific goals shall be established in the areas of construction, professional services, and purchases of other goods and services. A goal may be set on individual projects based on the type of work or services to be performed, or goods to be acquired and the availability of minority and women businesses in the City's Marketplace. The City Manager shall recommend an annual goal for M/WBE participation in City procurement activities, based upon the availability within the Marketplace. The provisions of this ordinance shall apply to all contracts awarded by the City, except as may be hereafter specifically exempted. Where contracts involve the expenditure of federal or state funds, the state or federal policy related to M/WBE or DBE participation may take precedence over this ordinance. Award of a contract shall be recommended when the Offeror has complied with the requirements of this ordinance via meeting the goal, demonstrating a Good Faith Effort to meet the goal or meeting the requirements for a Prime Contractor Waiver. Failure to comply with the Ordinance by any of the required methods shall result in an Offeror being deemed non-responsive. , III. CERTIFICATION: The City will recognize M/WBE firms that are certified by the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TX DOT), highway division. The firms shall be located in or doing business in the Marketplace at the time of bid/proposal opening. IV. PROGRAM GOAL: „ A. A Citywide goal for the utilization of minority business enterprises (MBE) and women business enterprises (WBE) shall be reviewed and approved annually by the City Council. 1. The City Manager shall conduct an analysis of the availability of M/WBEs and present to the City Council �. an annual report on M/WBE availability and utilization by the end of the first quarter of the new fiscal year. 4 ,,. Minority and Women Business Enterprise Ordinance Attachment 1 ., 2. Based on the availability of M/WBEs in the Marketplace and the City's most recent goal attainment and with the advice and counsel of the, the City Manager shall recommend to the City Council a reasonable goal for the remainder of the current fiscal year. 3. The goal shall be expressed in terms of a percentage of the total dollar value of all applicable contracts awarded by the City. Goals shall be established separately for categories of construction, professional services, and purchasing, as well as, any other categories that the City Council or City Manager deems �.. appropriate. B. An individual project goal shall be set by the M/WBE Office in collaboration with the Contract Officer and Risk Management (where appropriate) prior to solicitation. The project goal shall be reasonable and shall be based upon: 1. Specific subcontracting and/or materials opportunities required to complete the project, and 2. The availability of M/WBE in the identified subcontracting and/or materials opportunities in the Marketplace. V. APPLICABLE CONTRACTS: A. CONSTRUCTION PROJECTS 1. M/WBE UTILIZATION REQUIREMENTS a. In addition to the requirements set forth elsewhere, bid conditions shall include a statement of the M/WBE goal established for the project. The requirements below also apply to circumstances where change orders or extra work gives rise to new trade or vendor opportunities outside the original scope of work. b. Bid conditions and all other specifications for applicable contracts to be awarded by the City shall require that Offerors make a good faith effort (GFE) to subcontract with or purchase supplies from M/WBE firms. Such specifications shall require the Offeror to meet or exceed the stated goal or submit documentation of GFE for all applicable contracts to permit a determination of compliance with • the specifications. C. Construction contracts (estimated cost of $25,000 or more) shall be awarded and administered in accordance with the following standards and procedures: 01. Competitive bids for applicable contracts shall include the M/WBE requirements and documentation in the bid specifications. M/WBE documentation consists of the SPECIAL ^*� INSTRUCTIONS Tp BIDDERS, the SUBCONTRACTOR UTILIZATION FORM, the PRIME CONTRACTOR WAIVER FORM, the GOOD FAITH EFFORT FORM, and the JOINT VENTURE FORM. a) Competitive bids where the Offeror equals or exceeds the project goal must submit the SUBCONTRACTOR UTILIZATION FORM or the JOINT VENTURE FORM. b) Competitive bids where the Offeror does not have subcontracting and/or supplier opportunities must submit the PRIME CONTRACTOR WAIVER FORM. c) Competitive bids where the Offeror has subcontracting and/or supplier opportunities but does not include M/WBE participation in an amount, which equals or exceeds the project goal, must submit the SUBCONTRACTOR UTILIZATION FORM and the GOOD FAITH EFFORT FORM (GFE) and documentation. d) Competitive bids where the Offeror has subcontracting and/or supplier opportunities but do not include any M/WBE participation must submit the SUBCONTRACTOR UTILIZATION FORM and the GOOD FAITH EFFORT FORM and documentation. 5 Minority and Women Business Enterprise Ordinance Attachment 1 02. The Offeror shall submit the SUBCONTRACTOR UTILIZATION FORM and/or the GOOD FAITH EFFORT FORM or the PRIME CONTRACTOR WAIVER FORM, or the JOINT VENTURE FORM ("and documentation") as appropriate. The Managing Department must receive the documentation no later than 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. The Offeror shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the City received the documentation. The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid. Failure to comply with the bid specifications, inclusive of the MMBE requirements and documentation, shall render the Offeror non-responsive. 03. The GFE documentation shall demonstrate the Offeror's commitment and honest efforts to utilize M/WBE(s). The burden of preparing and submitting the GFE information is on the Offeror and will be evaluated as part of the responsiveness to the bid/proposal. An Offeror who intentionally and/or knowingly misrepresents facts on the documentation submitted will constitute a basis for classification as non-responsive and possible debarment. 04. The contracting department may request the M/WBE Office to waive the goal requirements of this subsection, or to reduce the amount of the goal, in accordance with the provisions of the Exceptions and Waivers section. 2. COUNTING MMBE PARTICIPATION M/WBE participation shall be counted toward meeting the goal in accordance with the following provisions: a. For the purpose of determining compliance with the goal requirements established in this ordinance, businesses will be counted as M/WBE only when they have been certified as such prior to a recommendation for award being made to the City Council. 01. Any business listed by an Offeror that is not certified at the time of bid opening must file an application for certification to a city authorized certification agency within a reasonable time for the City to consider the business and dollar amount towards meeting the goal. 02. If a business described in the subparagraph immediately above fails to submit an application for certification within a reasonable time, or if the business is denied certification, the Offeror shall be afforded five (5) City business days to secure additional certified/certifiable M/WBE participation, starting the next City business day following the day the written notification was received from the Managing Department. 03. Evidence of the additional certified/certifiable M/WBE participation shall be delivered to and received by the Managing Department within five (5) City business days after the notification was received by the Offeror, exclusive of the date that the notification was received. b. Except as provided for in paragraph C below, if the Offeror is ruled non-responsive to for failure to comply with the requirements of this ordinance, the Managing Department will provide written notification to the Offeror stating the specific basis for the ruling. The Offeror may then submit documentation that it will either meet or exceed the stated goal and if the documentation satisfies this ordinance, the Offeror may then be considered for an award of contract. C. If the Offeror is ruled non-responsive solely for its failure to identify a subcontract/supplier opportunity and that opportunity is less than three (3%) percent of the total bid, the Offeror may submit documentation that an M/WBE will be utilized for that subcontract/supplier opportunity, and may be considered for an award of contract. d. Documentation required under either paragraph 2 or 3 above must be received by the Managing Department within five (5) City business days, exclusive of the date that the Offeror was notified that it was non-responsive. If the documentation is not received within the stated time, the Offeror shall be deemed to have withdrawn its bid. The City will not communicate with another Offeror regarding award of the contract until five (5) City business days after the original Offeror has been notified that it is non-responsive. 6 Minority and Women Business Enterprise Ordinance Attachment 1 e. The Offeror may count toward the goal any tier of M/WBE subcontractors and/or suppliers f. The Offeror will be given credit toward the goal only when the M/WBE subcontractor performs a commercially useful function. A M/WBE subcontractor is considered to have performed a commercially useful function when. 01. It is responsible for the execution of a distinct element of the work by actually performing, managing and supervising the work involved in accordance with normal business practice; and 02. When the firm receives due compensation as agreed upon for the work performed. g. The Offeror will be given credit toward the M/WBE goal only when the M/WBE supplier performs a commercially useful function. A M/WBE supplier is considered to have performed a commercially useful function when the M/WBE supplier is a manufacturer or a regular dealer. h. The Offeror will be given credit for utilizing a M/WBE hauling firm as long as the M/WBE owns and operates at least one fully licensed and operational truck used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators and receive full M/WBE credit. The M/WBE may lease trucks from non-MM/BEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. i. Regardless of whether an arrangement between the contractor and the M/WBE represents standard industry practice, if the arrangement erodes the ownership, control or independence of the M/WBE or does not meet the commercially useful function requirement, the Offeror shall receive no credit toward the goal. j. An Offeror may count toward its goal a portion of the total dollar value of a contract with a joint venture equal to the percentage of M/WBE participation in the joint venture. 01. The Managing Department must receive the documentation no later than 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. The Offeror shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the City received the documentation. The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid. Failure to comply with the bid specifications, inclusive of the M/WBE requirements and documentation, shall render the Offeror non-responsive. 02. The M/WBE involved in the joint venture must be responsible for a clearly defined portion of the work to be performed, equal to a share in the .ownership, control, knowledge, management, responsibility, risks, and profits of the joint venture. �. k. Except for joint ventures, the prime contractor (regardless of their M/WBE status) and any work performed by the prime contractor is not counted toward meeting the M/WBE contract goal and is not considered when determining compliance with this ordinance. I. An Offeror may not count toward its goal any arrangement with an M/WBE that is nepotism or where a M/WBE has been a recent employee (less than one year) of the Offeror. m. The Offeror may not count toward the goal any agreement with a MNVBE that does not meet the requirements of this ordinance. 3. PAYMENTS The City Manager shall implement procedures to comply with the following: 7 Minority and Women Business Enterprise Ordinance Attachment 1 a. For vertical construction contracts, procedures will be established to ensure that the prime shall submit an invoice at least monthly and the City will pay the invoice as required by the Texas Prompt Payment Act (Tex. Gov't. Code, chap. 2251) or any successor statute. The prime shall pay subcontractors as required by the Texas Prompt Payment Act or any successor statute. The prime contractor's failure to make payments as provided by state law shall, in addition to any other remedies provided by law, authorize the City to withhold future payments and/or reject future bids from the contractor until compliance with this ordinance is attained. b. For horizontal construction contracts, procedures will be established to ensure that all progress payments are made twice a month and that subcontractors are paid in accordance with the provisions of the Texas Prompt Payment Act or any successor statute. A contractor's failure to make payments as required by state law shall, in addition to any other remedies provided by state law, authorize the City to withhold future payments and/or reject future bids from the contractor until compliance with this ordinance is attained. C. Whenever there is a dispute over payment due between the prime and subcontractor and/or supplier, the City shall strongly encourage the parties to seek mediation before the City takes any action under this ordinance. 4. RETAINAGE a. If the prime withholds additional monies or a fee in excess of the retainage amount required by the City, and if there is no dispute about payment to the subcontractor, the prime shall release the additional monies after the completion of the subcontractor's scope of work, or as otherwise required by law, but may retain the required retainage monies until project completion, acceptance and final payment by the City. b. Where contracts involve the expenditure of federal or state funds, the state or federal policy related to M/WBE or DBE retainage may take precedence over this ordinance. B. PROFESSIONAL SERVICES 1. M/WBE UTILIZATION REQUIREMENTS a. In addition to the requirements set forth elsewhere, requests for proposals shall include a statement " of the MNVBE goal established for the project. The requirements below shall also apply to circumstances where amendments or extra work gives rise to new subconsulting/supplier opportunities. b. Requests for proposals and all other specifications for applicable contracts to be awarded by the City shall require that Offeror make a good faith effort(GFE)to sub-consult with or purchase supplies from MNVBE firms. Such specifications shall require the Offeror to meet or exceed the stated goal or submit documentation of GFE for all applicable contracts to permit a determination of compliance with the specifications. C. Professional Services contracts and such other contracts which may be competed for under sealed proposal procedures (estimated cost of $25,000 or more) shall be awarded and administered in accordance with the following standards and procedures: 01. Other than responses to Requests for Proposals for those professional services defined in Chapter 2254 of the Texas Government Code, responses to Request for Proposals shall be submitted by the proposal deadline date and include a section, which identifies the particular MNVBE utilization plan in performing the contract. a) The proposal shall specify the estimated percentage of the MNVBE participation, the type of work to be performed by the M/WBE, and such other information as may reasonably be mm required to determine the responsiveness to the Request for Proposal. 8 Minority and Women Business Enterprise Ordinance Attachment 1 b) Proposals that do not meet or exceed the utilization goal, as required by the Request for Proposal, must submit a GFE explanation. Failure to include such GFE explanation shall render the proposal non-responsive. 02. Initial responses to requests for proposals for those professional services defined in Chapter 2254 of the Texas Government Code shall not include a response to the requirements of this ordinance. The City shall comply with the requirements of said Chapter and rank the professional on the basis of demonstrated competence and qualifications. During negotiations, -- the proposer shall respond to this ordinance in the manner specified in paragraph 01(a) above. 03. The GFE documentation shall demonstrate the Offeror's commitment and honest efforts to utilize M/WBEs. The burden of preparing and submitting the GFE information is on the Offeror and will be evaluated as part of the responsiveness to the proposal. An Offeror who intentionally and/or knowingly misrepresents facts on the documentation submitted may be classified as non- responsive and be subject to possible debarment. 04. The contracting department may request the M/WBE Office to waive the goal requirements of this subsection, or to reduce the amount of the goal, in accordance with the provisions of the Exceptions and Waivers section. 2. COUNTING M/WBE PARTICIPATION M/WBE participation shall be counted toward meeting the goal in accordance with the following provisions: a. For the purpose of determining compliance with the goal requirements established in this ordinance, businesses will be counted as M/WBEs only when they have been certified as such prior to a "s recommendation for award being made to the City Council. 01. Any business listed by an Offeror that is not certified at the time of response opening must file an application for certification to a city authorized certification agency within a reasonable time for the City to consider the business and dollar amount towards meeting the goal. 02. If a business described in the subparagraph immediately above fails to submit an application for certification within a reasonable time, or if the business is denied certification, the Offeror shall be afforded five (5) City business days to secure additional certified/certifiable M/WBE participation, starting the next City business day following the day the written notification was received from the Managing Department. 03. Evidence of the additional certified/certifiable M/WBE participation shall be delivered to and received by the Managing Department within five (5) City business days after the notification was received by the Offeror, exclusive of the date that the notification was received. b. The Offeror may count toward the goal any tier of M/WBE sub-consultants and/or suppliers. C. The Offeror will be given credit toward the goal only when the M/WBE sub-consultant performs a commercially useful function. A M/WBE sub-consultant is considered to have performed a commercially useful function when: 01. It is responsible for the execution of a distinct element of the work by actually performing, managing and supervising the work involved in accordance with normal business practice; and 02. When the firm receives due compensation as agreed upon for the work performed. d. The Offeror will be given credit toward the M/WBE contract goal only when the M/WBE supplier performs a commercially useful function. A M/WBE supplier is considered to have performed a commercially useful function when the M/WBE supplier is a manufacturer or a regular dealer. e. Regardless of whether an arrangement between the consultant and the M/WBE represents standard industry practice, if the arrangement erodes the ownership, control or independene., „ 7 — ,J Minority and Women Business Enterprise Ordinance Attachment 1 •b does not meet the commercially useful function requirement, the Offeror shall receive no credit toward the goal. f. An Offeror may count toward its goal a portion of the total dollar value of a contract with a joint venture equal to the percentage of M/WBE participation in the joint venture. 01. The Joint Venture Form must be submitted to the Managing Department with the proposal when determining the responsiveness of the proposal by the M/WBE Office. Failure to comply with the proposal scope of services, inclusive of the M/WBE requirements, shall render the Offeror non- responsive. 02. The M/WBE involved in the joint venture must be responsible for a clearly defined portion of the work to be performed, equal to a share in the ownership, control, knowledge, management, responsibility, risks, and profits of the joint venture. g. Except for joint ventures, the prime consultant (regardless of their MIWBE status) and any work performed by the prime consultant is not counted toward meeting the M/WBE contract goal and is not considered when determining compliance with this ordinance. h. An Offeror may not count toward its goal any arrangement with an M/WBE that is nepotism or where an M/WBE has been a recent employee (less than one year) of the Offeror. i. The Offeror may not count toward the goal any agreement with a MANBE that does not meet the requirements of this ordinance. 3. PAYMENTS The City Manager shall implement procedures to comply with the following: a. The prime shall submit an invoice at least monthly or as designated by the contract documents and the City will pay the invoice as required by the Texas Prompt Payment Act or any successor statute. The prime shall pay sub-consultants as required by the Texas Prompt Payment Act or any successor statute. A consultant's failure to make payments in accordance with state law shall, in addition to any other remedies provided by law, authorize the City to withhold future payments and/or reject future proposals from the consultant until compliance with this ordinance is attained. b. Whenever there is a dispute over payment due between the prime and sub-consultant and/or supplier, the City shall strongly encourage the parties to seek mediation before the City initiates a stop payment order. C. PURCHASES 1. M/WBE UTILIZATION REQUIREMENTS a. In addition to the requirements set forth elsewhere, bid conditions shall include a statement of the M/WBE goal established for the project. The requirements below also apply to circumstances where purchase orders or extra work cause new subcontracting/supplier opportunities. b. Bid conditions and all other specifications for applicable contracts to be awarded by the City shall require that Offeror make a good faith effort (GFE) to subcontract with or purchase supplies from M/WBE firms. Such specifications shall require the Offeror to meet or exceed the stated goal or submit documentation of GFE for all applicable contracts to permit a determination of compliance with the specifications. C. Purchase contracts and such other contracts which may be competed for under sealed proposal procedures (estimated cost of $25,000 or more) shall be awarded and administered in accordance with the following standards and procedures: 10 Am Minority and Women Business Enterprise Ordinance Attachment 1 01. Competitive bids for applicable contracts shall include the M/WBE requirements and 00 documentation in the bid specifications. M/WBE documentation consists of the SPECIAL INSTRUCTIONS TO BIDDERS, the SUBCONTRACTOR UTILIZATION FORM, the PRIME CONTRACTOR WAIVER FORM, the GOOD FAITH EFFORT FORM, and, the JOINT VENTURE FORM. a) Competitive bids where the Offeror equals or exceeds the project goal must submit the SUBCONTRACTOR UTILIZATION FORM. b) Competitive bids where the Offeror does not have subcontracting and/or supplier opportunities must submit the PRIME CONTRACTOR WAIVER FORM. c) Competitive bids where the Offeror has subcontracting and/or supplier opportunities but does not include M/WBE participation in an amount, which equals or exceeds the project goal, must submit the SUBCONTRACTOR UTILIZATION FORM and the GOOD FAITH EFFORT FORM and documentation. d) Competitive bids where the Offeror has subcontracting and/or supplier opportunities but do not include any M/WBE participation must submit the GOOD FAITH EFFORT FORM and documentation. 02. The Offeror shall submit the SUBCONTRACTOR UTILIZATION FORM and/or the GOOD FAITH EFFORT FORM or the PRIME CONTRACTOR WAIVER FORM, or the JOINT VENTURE FORM ("and documentation") as appropriate. The Managing Department must receive the documentation no later than 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. The Offeror shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the City received the documentation. The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid. Failure to comply with the bid specifications, inclusive of the M/WBE requirements and documentation, shall render the Offeror non-responsive. 03. The GFE documentation shall demonstrate the Offeror's commitment and honest efforts to utilize MNVBE(s). The burden of preparing and submitting the GFE information is on the Offeror and will be evaluated as part of the responsiveness to the bid/proposal. An Offeror who intentionally and/or knowingly misrepresents facts on the documentation submitted will constitute a basis for classification as non-responsive and possible debarment. 04. The contracting department may request the MI BE Office to waive the goal requirements of this subsection, or to reduce the amount of the goal, in accordance with the provisions of the Exceptions and Waivers section. 2. COUNTING M/WBE PARTICIPATION M/WBE participation shall be counted toward meeting Goal in accordance with the following provisions: a. For the purpose of determining compliance with the goal requirements established in this ordinance, �• businesses will be counted as M/WBEs only when they have been certified as such prior to a recommendation for award being made to the City Council. 01. Any business listed by an Offeror that is not certified at the time of bid/response opening must file an application for certification within a reasonable time for the City to consider the business towards meeting the goal. 02. If a business described in the subparagraph immediately above fails to submit an application for certification within a reasonable time, or if the business is denied certification, the Offeror shall be afforded five (5) City business days to secure additional certified/certifiable M/WBE participation, starting the next City business day following the day the written notification was �" received from the Managing Department Minority and Women Business Enterprise Ordinance Attachment 1 03. Evidence of the additional certified/certifiable M/WBE participation shall be delivered to and received by the Managing Department within five (5) City business days after the notification was received by the Offeror, exclusive of the date that the notification was received. b. Except as provided for in paragraph c below, if the Offeror is ruled non-responsive for failure to comply with the requirements of this ordinance, the Managing Department will provide written notification to the Offeror stating the specific basis for the ruling. The Offeror may submit documentation that it will either meet or exceed the stated goal, and if the documentation satisfies this ordinance, the Offeror may then be considered for an award of contract. C. If the Offeror is ruled non-responsive solely for its failure to identify a subcontract/supplier opportunity and that opportunity is less than three (3%) percent of the total bid, the Offeror may submit documentation that an M/WBE will be utilized for that subcontract/supplier opportunity, and may be considered for an award of contract. d. Documentation required under either paragraph b or c above must be received by the Managing Department within five (5) City business days, exclusive of the date that the Offeror was notified that it was non-responsive. If the documentation is not received within the stated time, the Offeror shall be deemed to have withdrawn its bid. The City will not communicate with another Offeror regarding award of the contract until five (5) City business days after the original Offeror has been notified that it is non-responsive. e. The Offeror may count toward the goal any tier of M/WBE subcontractors and/or suppliers. It is the sole responsibility of the Offeror to report and document all subcontracting and/or supplier participation dollars counted towards the goal, irrespective of tier level. Failure to submit documentation as required in this subparagraph, shall entitle the City to withhold payments and/or reject future purchasing orders until compliance is attained. f. The Offeror will be given credit toward the goal only when the M/WBE subcontractor performs a commercially useful function. A M/WBE subcontractor is considered to have performed a •.� commercially useful function when: 01. It is responsible for the execution of a distinct element of the work by actually performing, managing and supervising the work involved in accordance with normal business practice; and 02. When the firm receives due compensation as agreed upon for the work performed. g. The Offeror will be given credit toward the M/WBE contract goal only when the M/WBE supplier performs a commercially useful function. A M/WBE supplier is considered to have performed a commercially useful function when the M/WBE supplier is a manufacturer or a regular dealer. h. The Offeror will be given credit for utilizing a M/WBE hauling firm as long as the M/WBE own and operate at least one fully licensed, insured and operational truck used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators and receive 100% .� M/WBE credit. The MANBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. i. Regardless of whether an arrangement between the contractor and the M/WBE represents standard industry practice, if the arrangement erodes the ownership, control or independence of the M/WBE or does not meet the commercially useful function requirement, the Offeror shall receive no credit - toward the goal. j. An Offeror may count toward its goal a portion of the total dollar value of a contract with a joint venture equal to the percentage of M/WBE participation in the joint venture. 01. The Managing Department must receive the Joint Venture form from the Offeror within five (5) City business days after the date of bid opening, exclusive of the day of the bid opening, for certification by the M/WBE Office. 12 am Minority and Women Business Enterprise Ordinance Attachment 1 02. The M/WBE involved in the joint venture must be responsible for a clearly defined portion of the work to be performed, equal to a share in the ownership, control, knowledge, management, responsibility, risks, and profits of the joint venture. k. Except for joint ventures, the prime contractor (regardless of their M/WBE status) and any work performed by the prime contractor is not counted toward meeting the M/WBE contract goal and is not considered when determining compliance with this ordinance. I. An Offeror may not count toward its goal any arrangement with an M/WBE that is nepotism or where an M/WBE has been a recent employee (less than one year) of the Offeror. m. The Offeror may not count toward the goal any agreement with an M/WBE that does not meet the requirements of this ordinance. 3. PAYMENTS The City Manager shall implement procedures to comply with the following: a. Establish procedures to ensure that purchase orders for all vendors' invoices be paid as required by the Texas Prompt Payment Act or any successor statute and that subcontractors are paid as required by state law. A vendor's failure to make payments as required by law shall, in addition to any other �. remedies provided by law, authorize the City to withhold future payments from the vendor until compliance with this ordinance is attained. b. Whenever there is a dispute concerning payment due between the prime and subcontractor and/or supplier, the City shall strongly encourage the parties to seek mediation before the City initiates a stop payment order. 4. BEST VALUE CRITERIA a. In order to increase M/WBE primes in direct purchases, the City will apply the best value criteria codified in State law(Tex. Local Gov't Code, sec. 252.043 or any successor statute) to all purchasing activities as outlined in the state legislation. b. The City Manager, with the advice and counsel of the MWBEAC in accord with City of Fort Worth Resolution No. 1148, shall implement procedures the purchase of goods and services under the formal bid amount to emphasize the inclusion of M/WBEs. VI. POST-AWARD COMPLIANCE: A. In addition to such other requirements as may be set forth elsewhere, the following shall apply to applicable contracts awarded by the City: 1. Contracts shall incorporate this ordinance by reference, and shall provide that the contractor's violation of this ordinance shall constitute a breach of such contract and may result in debarment in accord with the procedures outlined in this ordinance. 2. Following the date and time of bid/proposal opening, any proposed change or deletion in M/WBE participation identified in the bid, proposal or contract shall be reviewed by the M/WBE Office to determine whether such change or deletion is justified in accord with paragraphs 3 and 4 immediately below. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in this ordinance. 3. Following the date and time of bid/proposal opening, the contractor shall: a. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with the bid, proposal or during negotiation, without prior submission of the proper documentation for review and approval by the M/WBE Office. 13 Minority and Women Business Enterprise Ordinance Attachment 1 b. Shall submit a detailed explanation of how the requested change or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. c. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the contractor represented in its bid to the City that it alone would perform the subcontracting/supplier opportunity work, the contractor shall notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with subsections 12.3 and 12.4 of this Attachment 1, exclusive of the time requirements stated in such subsections; d. Maintain records reasonably necessary for monitoring their compliance with the provisions of this ordinance; e. After the first payment and beginning with the second application for payment, submit the required MM/BE Periodic Payment Reports, including copies of M/WBE subcontractor's /subconsultant's /supplier applications for payment /invoices (as appropriate), and proof of payment documentation, to the M/WBE Office. Additionally, upon request of the M/WBE Office, the contractor shall submit such other documentation as may be reasonably required to verify proof of payments. Failure to submit these reports and other requested information, if any, as required shall authorize the City to withhold payment and/or reject future bids from the contractor until compliance with this ordinance is attained. 4. The contractor shall submit to the M/WBE Office for approval a M/WBE REQUEST FOR APPROVAL OF CHANGE FORM if, during the term of any contract, a contractor wishes to change or delete one or more . . M/WBE subcontractor(s), subconsultant(s)or supplier(s). a. Within three (3) City business days after receipt by the M/WBE Office, exclusive of the date of receipt, the Request shall be reviewed. The Request shall be approved if the change or deletion is justified. The following shall constitute justification for the requested change or deletion: 01. A M/WBE's failure to provide workers' compensation insurance evidence as required by state law; or 02. A M/WBE's failure to provide evidence of general liability or other insurance under the same or similar terms as contained in the contract documents with limits of coverage no greater than the lower of 1) the limits required of the contractor by the City; or 2) the limits contained in the contractor's standard subcontract or supply agreements used on other projects of similar size and scope and within the contractor's normal business practice with non-M/WBE subcontractor's/subconsultant's or suppliers; or 03. A M/WBE's failure to execute the contractor's standard subcontract form, if entering a subcontract is required by the contractor in its normal course of business, unless such failure is due to: a) A change in the amount of the previously agreed to bid or scope of work; or b) The contract presented provides for payment once a month or longer and the contractor is receiving payment from the City twice a month; or c) Any limitation being placed on the ability of the MANBE to report violations of this Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of any claim to the contractor's surety company or insurance company. d) Mediation shall be a consideration before the request for change is approved. 04. A M/WBE defaults in the performance of the executed subcontract. In this event, the contractor shall: a) Request bids from all MMBE subcontractors previously submitting bids for the work, 14 ,. Minority and Women Business Enterprise Ordinance Attachment 1 b) If reasonably practicable, request bids from previously non-bidding M/WBEs, and c) Provide to the M/WBE office documentation of compliance with (a) and (b) above. 05. Any other reason found to be acceptable by the M/WBE Office in its sole discretion. NOTE: The contractor shall submit such documentation as may reasonably be requested by the M/WBE Office to support the contractor's request. The time between the request by the M/WBE Office for additional documentation and the delivery of such documentation shall not be included within the time period that the MIWBE Office is required to respond as stated in subparagraph (a)above. b. If the M/WBE Office approves the deletion of a M/WBE and replacement by a non-MNVBE, such approval shall constitute a post award waiver to the extent of the value of the deleted subcontract. c. If the MNVBE Office denies the request for change or deletion, the contractor may appeal the denial to the City Manager whose decision will be final. 5. Whenever contract amendments, change orders, purchase orders or extra work orders are made individually or in the aggregate, the contractor shall comply with the provisions of this ordinance with respect to the alternates, amendments, change orders, or extra work orders. a. If the amendment, change order, purchase order or extra work affects the subcontract of a MNVBE, such MNVBE shall be given the opportunity to perform such amendment, change order, purchase order or extra work. b. If the amendment, change order, purchase order or extra work is or is not covered by any subcontractor performing like or similar work, and the amount of such amendment, change order, purchase order or extra work is $50,000.00 or more, of the original contract amount, the contractor shall comply with Article 1, subsections 12.3 and 12.4 of this Attachment 1 (exclusive of the time requirements stated therein) with respect to such amendment, change order purchase order or extra work. 6. If the contractor/consultant in its bid/proposal included any second or lower tier subcontractor/subconsultanVsupplier towards meeting the goal, it is the sole responsibility of the Offeror to report and document all subcontracting/subconsulting and/or supplier participation dollars counted towards the goal, irrespective of tier level. Failure to comply with the City's request to provide the required documentation shall entitle the City to withhold payments and/or to reject future bids/proposals from the Offeror until compliance with this ordinance is attained. 7. Upon completion of the contract and within ten (10) City business days after receipt of final payment from the City, exclusive of the date the contractor receives payment, the contractor shall provide the MNVBE Office with the MNVBE FINAL SUMMARY PAYMENT REPORT FORM to reflect the final participation of each subcontractor/subconsultant and/or supplier (including non-MNVBEs) used on the project. Failure to comply with the City's request to provide the required documentation shall entitle the City to reject future bids from the contractor until compliance with this ordinance is attained. 8. In the event, a contractor is in non-compliance and is a subcontractor/subconsultant on a new quote; the contractor will be required to comply with this ordinance prior to a recommendation for award being made to the City Council. VII. CONTRACT MONITORING, AND REPORTING: A. The MNVBE Office shall monitor compliance with these requirements during the term of the contract. If it is determined that there is cause to believe that a contractor or subcontractor has failed to comply with any of the requirements of this ordinance, or the contract provisions pertaining to MNVBE utilization, the MNVBE Office 15 ow Minority and Women Business Enterprise Ordinance Attachment 1 MW shall notify the contracting department and the contractor. The M/WBE Office shall attempt to resolve the non- compliance through conciliation. If the non-compliance cannot be resolved, the Manager and the contracting department shall submit written recommendations to the City Manager or designee, and if the City Manager concurs with the findings, sanctions shall be imposed as stated in ordinance. B. Whenever the Mf BE Office finds, after investigation, that a contracting department has failed to comply with the provisions of this ordinance, a written finding specifying the nature of the non-compliance shall be transmitted to the contracting department, and the M/WBE Office shall attempt to resolve any non-compliance through conference and conciliation. Should such attempt fail to resolve the non-compliance, the Manager shall transmit a copy of the findings of non-compliance, with a statement that conciliation was attempted and failed, to the City Manager who shall take appropriate action to secure compliance. C. The Mf BE Office may require such reports, information, and documentation from contractors, Offerors, contracting agencies, and the head of any department, division, or office of the City of Fort Worth, as are reasonably necessary to determine compliance with the requirements of this ordinance. D. Contracting departments shall maintain accurate records for each contract awarded, including the names of contractors providing quotes, dollar value, the nature of the goods or services to be provided, the name of the contractor awarded the contract, the efforts it employed to solicit quotes from M/WBEs, identifying for each its dollar value, the nature of the goods or services provided, and the name of the subcontractors/suppliers. E. The City Manager, with the advice and counsel of the MWBEAC in accord with City of Fort Worth Resolution No. 1148, shall submit an annual report to the City Council on the progress of the City toward the utilization goal established by this ordinance, together with an identification of problems and specific recommendations for improving the City's performance. VIII. EXCEPTIONS AND WAIVERS: A. If an Offeror is unable to comply with the M/WBE goal requirements established in the Program Goal section of this ordinance, such Offeror shall submit one of the two forms listed below within the allotted time. 1. A Prime Contractor Waiver Form (Attachment 1 B) is submitted if the Offeror will perform the entire contract without subcontractors or suppliers. 2. A Good Faith Effort Form (Attachment 1C) is submitted if the Offeror has a subcontracting and/or supplier opportunity but was unable to meet or exceed the project goal. The Offeror will submit requested documentation that demonstrates a good faith effort to comply with the goal requirements as described in the Program Goal section above. B. A contracting department may request the M/WBE Office to waive or modify the goal requirements for M/WBEs by submitting a Departmental Waiver Form, in writing, prior to solicitation of bids or proposals. The M/WBE Office may grant such a waiver or reduction upon determination that: 1. The reasonable and necessary requirements of the contract render subcontracting or other participation of business other than the Offeror infeasible; or 2. A public or administrative emergency exists which requires the goods or services to be provided with • unusual immediacy; or 3. Lack of sufficient M/WBE subcontracting/subconsulting/suppliers providing the services required by the �* contract are unavailable in the marketplace of the project, despite attempts to locate them; or 4. The application of the provisions of this ordinance will impose an unwarranted risk on the City or unduly delay acquisition of the goods or services. C. Whenever the M/WBE Office denies a request to waive a goal; the contracting department may appeal that denial to the City Manager whose decision on the request shall be final. -� 16 Minority and Women Business Enterprise Ordinance Attachment 1 IX. PROGRAM ADMINISTRATION: A. The City Manager, with the advice and counsel of the MWBEAC in accord with City of Fort Worth Resolution No. 1148, is authorized to establish and implement the regulations set forth in this ordinance. The M/WBE Office shall be responsible for the overall administration of the City's M/WBE Program, and its duties and responsibilities shall include: �• 1. Recommending rules and regulations to effectuate this ordinance; 2. Maintaining a current listing of certified M/WBE firms for distribution internally and externally on contracts; 3. Providing information, outreach (to include workshops, seminars, etc.) and needed assistance to M/WBEs to increase their ability to compete effectively for the award of City contracts; 4. Investigating alleged violations of this ordinance and making written recommendations to appropriate City authorities for remedial action when appropriate; 5. Developing and distributing all necessary forms, applications, and documents necessary to comply with this ordinance; 6. Reviewing, on a regular basis, the progress of departments toward achieving the category goals for the utilization of minority and women business enterprises; 7. Making recommendations to appropriate City staff regarding methods to further the policies and goals of this ordinance; 8. Determining M/WBE compliance on bids and proposals before they are submitted to the City Council for award; 9. Maintaining an accurate contract performance reporting system; and 10. Compiling a report reflecting the progress in attaining the City's annual goal, quarterly and annually. B. It shall be the responsibility of the contracting department to ensure that bids or proposals for the department's projects adhere to the procedures and provisions set forth in this ordinance. A•- 1. The department director or designee shall assume primary responsibility for achieving the goals of this program and shall review, on a continuing basis, all aspects of the program's operations to assure that the purpose is being attained. 2. The contracting department shall take the following action to ensure that MMBEs have the maximum opportunity to participate-on City contracts: a. A written notification shall be sent to minority and women trade associations, contractors associations, and minority and women chambers of commerce about the availability of formally advertised • contracting opportunities no less than 28 days before bids are due; b. All applicable contract solicitations shall include the requirements contained in this ordinance; c. All contracting opportunities shall be evaluated in an effort to divide the total requirements of a contract to provide reasonable opportunities for M/WBE; d. Establish procedures to ensure that all contractors' invoices are paid on construction, professional services and purchases as follows: 01. Vertical and horizontal construction shall be paid twice monthly, 02. Professional Services shall be paid within ten City business days after receipt of and approved invoice and 03. Purchases shall be paid within ten City business days after receipt of an approved invoice. 17 Minority and Women Business Enterprise Ordinance Attachment 1 04. Subcontractors shall be paid within five (5) City business days after receipt of payment of the prime contractor by one of the methods stated above. e. Establish guidelines to ensure that a notice to proceed is not issued until signed letters of intent evidencing receipt by the M/ BE or executed agreements with the MNVBE have been submitted along with the project work schedule, if applicable; f. Ensure that all required statistics and documentation are submitted to the M/ BE Office as requested,- and equested;and g. If circumstances prevent the contracting department from meeting the 28-day advertising and notification requirements, the contracting department shall perform extensive outreach to MI BE associations or other relevant organizations to inform them of the contracting opportunity. X. SANCTIONS: A. The GFE documentation shall demonstrate the Offeror's commitment and honest efforts to utilize M/WBE_ The burden of preparing and submitting the GFE information is on the Offeror and will be evaluated as part of the responsiveness to the bid/proposal. An Offeror who intentionally and/or knowingly misrepresents facts in the documentation submitted will be classified as non-responsive and be subject to possible debarment. B. A contractor's failure to make payments within five (5) City business days shall authorize the City to withhold payment from the contractor until compliance with this ordinance is attained. C. Debarment: 1. An Offeror who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible Offeror and barred from participating in City work for a period of not less than three (3) years. 2. The failure of an Offeror to comply with this ordinance where such non-compliance constitutes a material breach of contract as stated herein, may result in the Offeror being determined to be an irresponsible Offeror and barred from participating in City work for a period of time of not less than one(1)year. 3. The M/WBE Office will send a written statement of facts and a recommendation for debarment to the City -^ Manager. The City Manager, after consultation with the Department of Law, will make the decision regarding debarment and send a certified notice to the Offeror. 4. An Offeror that receives notification of debarment may appeal to an Appeal Board, hereinafter created, by giving written notice within ten (10) days from the date of receipt of the debarment notice, to the City Manager of its request for appeal. 5. An Appeal Board, consisting of not less than three members appointed by the City Manager with the approval of the City Council, will meet within thirty (30) days from the date of receipt of the request for appeal of debarment, unless Offeror requests an extension of time. The Offeror will be notified of the meeting time and location. 6. The Offeror will be afforded an opportunity to appear with Counsel if they so desire, submit documentary evidence, and confront any witness that the City presents. 7. The Appeal Board will render its decision not more than thirty (30) days of the hearing and send a certified notice to the Offeror. 8. If the Appeal Board upholds the original debarment, the Offeror may appeal to the City Council within ten (10) days from the date of receipt of the Appeal Board's decision by giving written notice to the City Manager. -x 18 Minority and Women Business Enterprise Ordinance Attachment 1 9. The appeal will be placed on the City Council agenda within thirty (30) days from receipt of written notice, unless Offeror requests an extension in writing. 10. From the date of notification of debarment and during the pendency of any appeal, the City will not consider offers from, award contracts to, renew or otherwise extend contracts with, or contract directly or indirectly through subcontracts with the Offeror pending the Appeal Board's decision. 11. Any Mf BE subcontractor or supplier who intentionally and/or knowingly misrepresents facts or otherwise violates the provisions of this ordinance may be determined to be irresponsible for a period not to exceed one (1) year, and if deemed irresponsible, such M/WBE shall not be included in calculating an Offeror's responsiveness and barred from bidding on City work. XI. SEVERABILITY: If any provision of this attachment or ordinance, the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, such invalidity shall not affect the other provisions of any other application of this attachment or ordinance which can be given effect without the invalid provision or application, and to this end, all the provisions of this attachment or ordinance are hereby declared to be severable. 19 t as iy�� i��� d6"� �� �'��� p�1 � li� i� ��' �i', ",jr� �� ' � � + @��� q�., i )I�� �, 1 II � s lr�l�� �� o�m���jf�f �� � 'i � �! i��t�}�1 t .ti, ��i i N y, � i; �� I i '� �� �1S�fj( i1'('� ' � �'��I �� � Q�{ i�i� i.. ��Il� ��� I �`^ '4411��'h`, ���14�lrui�� � Il�d�� I�k�,�io� � � ����HS o� �,, t�p SPI�i� .r s .o. ,i r, G � ' 'd� �;;���J � I�p� il���� "��1°�`, :t��4r s Ji�S 'h,��� ,,R p�� w1 ��i�T it u'� ",, �t ti �a� I����� ���,,� � �iil o�i« � � � � ��S�Y ill��w i � i� ��iPh�il�����ff(b�n iV� m� �` � Inti �o �� ����dih�` �� �I � �s �� �7r� a1y� `� V�' ft��� , v ����� i� � ���Ni�(����m IIS '` '� � W�', � ��?,' ilii `'� ������ „�i��o ��"�� a �hU " .� s I('� '`j {� ?°til ��i"�;'°., o rs � �,.� ��� �,. ro� i„ I�I { ( ,,id(44'� t r��i i�� � irTn.+, ��!� II � �����. ',i7 0 �� �,i� �� i I ����`i Wrairyq,n� ��,7���1 ° is r �� °� e�J�1 �� IN� i 'iu�r��u � " ���� � �a ���� t a ��Y�i �ht I��� '� r�l�,ll`,�"�''�� i �,r�.� � (io; ,�, �� � �,,,,„ ui�� � r�'rr�� �P� ' i�� �� i t��'� � ��No t,�i�� iUP��'dU;l���� � � p,';.i�,.,A Y��� {{iii �w � �° ��i S �d a II �� ��� � ti� '' vwae;�� PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1 (1) C1-1.1 Definition of Terms C1-1 (1) C1-1.2 Contract Documents C1-1 (2) Cl-1.3 Notice to Bidders CI-1 (2) C1-1.4 Proposal C1-1 (2) C1-1.5 Bidder C1-1 (2) CI-1.6 General Conditions CI-1 (2) CI-1.7 Special Conditions Cl-1 (2) C1-1.8 Specifications C1-1 (2) C1-1.9 Bonds C1-1 (2) C1-1.10 Contract C1-1 (3) C1-1.11 Plans C1-1 (3) C1-1.12 City C1-1 (3) C1-1.13 City Council C1-1 (3) C1-1.14 Mayor C1-1 (3) C1-1.15 City Manager C1-1 (3) C1-1.16 City Attorney C1-1 (3) CI-1.17 Director of Public Works CI-1 (3) CI-1.18 Director, City Water Department Cl-1 (3) C1-1.19 Engineer C1-1 (3) C1-1.20 Contractor CI-1 (3) C1-1.21 Sureties C1-1 (4) C1-1.22 The Work or Project C1-1 (4) C1-1.23 Working Day C1-1 (4) CI-1.24 Calendar Days Cl-1 (4) Cl-1.25 Legal Holidays Cl-1 (4) CI-1.26 Abbreviations CI-1 (4) C1-1.27 Change Order C1-1 (5) C1-1.28 Paved Streets and Alleys C1-1 (5) Cl-1.29 Unpaved Streets or Alleys CI-1 (6) C1-1.30 City Street CI-I (6) C1-1.31 Roadway C1-1 (6) C1-1.32 Gravel Street C1-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site of Project C2-2 (2) C2-2.4 Submitting of Proposal G2-2 9D C2-2.5 Rejection of Proposals C2-2 (3) . C2-2.6 Bid Security C2-2 (3) C2-2.7 Delivery of Proposal C2-2 (3) C2-2.8 Withdrawing Proposals C2-2 (3) C2-2.9 Telegraphic Modifications of Proposals C2-2 (3) C2-2.10 Public Opening of Proposal C2-2 (4) C2-2.11 Irregular Proposals C2-2 (4) C2-2.12 Disqualification of Bidders C2-2 (4) C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 Consideration of Proposals C3-3 (1) C3-3.2 Minority Business Enterprise/Women Business C3-3 (1) Enterprise Compliance C3-3.3 Equal Employment Provisions C3-3 (1) - C3-3.4 Withdrawal of Proposals C3-3 (1) C3-3.5 Award of Contract C3-3 (2) C3-3.6 Return of Proposal Securities C3-3 (2) .-. C3-3.7 Bonds C3-3 (2) C3-3.8 Execution of Contract C3-3 (3) C3-3.9 Failure to Execute Contract C3-3 (3) -- C-3-3.10 Beginning Work C3-3 (4) C3-3.11 Insurance C3-3 (4) C3-3.12 Contractor's Obligations C3-3 (6) C3-3.13 Weekly Payrolls C3-3 (6) C3-3.14 Contractor's Contract Administration C3-3 (6) C3-3.15 Venue C3-3 (7) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4.2 Special Provisions C4-4 (1) C4-4.3 Increased or Decreased Quantities C4-4 (1� C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4.6 Schedule of Operation C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (1) C5-5.4 Cooperation of Contractor C5-5 (2) - 05-5.5 Emergency and/or Rectification Work C5-5 (2) C5-5.6 Field Office C5-5 (3) C5-5.7 Construction Stakes C5-5 (3) (2) C5-5.8 Authority and Duties of City Inspector C5-5 (3) C5-5.9 Inspection C5-5 (4) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (4) C5-5.11 Substitute Materials or Equipment C5-5 (4) C5-5..12 Samples and Tests of Materials C5-5 (5) C5-5.13 Storage of Materials C5-5 (5) C5-5.14 Existing Structures and Utilities C5-5 (5) C5-5.15 Interruption of Service C5-5 (6) C5-5.16 Mutual Responsibility of Contractors C5-5 (7) C5-5.17 Clean-Up C5-5 (7) C5-5.18 Final Inspection C5-5 (8) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C6-6 (1) C6-6.2 Permits and Licenses C6-6 (1) C6-6.3 Patented Devices, Materials, and Processes C6-6(1) C6-6.4 Sanitary Provisions C6-6 (1) C6-6.5 Public Safety and Convenience C6-6 (2) C6-6.6 Privileges f Contractor in Streets, Alleys, C6-6 (3) and Right-of-Way C6-6.7 Railway Crossings C6-6 (3) C6-6.8 Barricades, Warnings and Flagmen C6-6 (3) - C6-6.9 Use of Explosives, Drop Weight, Etc. C6-6 (4) C6-6.10 Work Within Easements C6-6 (5) C6.6.11 Independent Contractor C6-6 (6) v C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (6) C6-6.13 Contractor's Claim for Damages C6-6 (8) C6-6.14 Adjustment or Relocation of Public Utilities, Etc. C6-6 (8) C6-6.15 Temporary Sewer and Drain Connections C6-6(8) C6-6.16 Arrangement and Charges for Water Furnished by the City C6-6 (9) C6-6.17 Use of a Section or Portion of the Work C6-6 (9) C6-6.18 Contractor's Responsibility for the Work C6-6 (9) C6-6.19 No Waiver of Legal Rights C6-6 (9) C6-6.20 Personal Liability of Public Officials C6-6 (10) C6-6.21 State Sales Tax C6-6 (10) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1) C7-7.2 Assignment of Contract C7-7 (1) C7-7.3 Prosecution of The Work C7-7 (1) C7-7.4 Limitation of Operations C7-7 (2) C7-7.5 Character of Workmen and Equipment C7-7 (2) C7-7.6 Work Schedule C7-7 (3) C7-7.7 Time of Commencement and Completion C7-7 (3) C7-7.8 Extension of Time Completion C7-7 (3) (3) C7-7.9 Delays C7-7(4) MR C7-7.10 Time of Completion C7-7 (4) C7-7.11 Suspension by Court Order C7-7 (5) C7-7.12 Temporary Suspension C7-7 (5) C7-7.13 Termination of Contract due to National Emergency C7-7 (6) C7-7.14 Suspension or Abandonment of the Work C7-7 (6) and Annulment of the Contract: C7-7.15 Fulfillment of Contract C7-7 (8) C7-7.16 Termination for Convenience of the Owner C7-7 (8) C7-7.17 Safety Methods and Practices C7-7 (11) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement Of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) C8-8.3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment C8-8 (1) C8-8.5 Partial Estimates and Retainage C8-8 (2) C8-8.6 Withholding Payment C8-8 (3) C8-8.7 Final Acceptance C8-8 (3) C8-8.8 Final Payment C8-8 (3) C8-8.9 Adequacy of Design C8-8 (4) C8-8.10 General Guaranty C8-8 (4) C8-8.11 Subsidiary Work C8-8 (4) C8-8.12 Miscellaneous Placement of Material C8-8 (4) C8-8.13 Record Documents C8-8 (4) (4) PART C - GENERAL CONDITIONS C 1-1 DEFINITIONS SECTION C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: op C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are in all of the written - and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained on the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and Include the following Items PART A -NOTICE TO BIDDERS (Sample) White - PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS El-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A-NOTICE TO BIDDERS (Advertisement) same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E- SPECIFICATIONS ,�. PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT " PART H - PLANS (Usually bound separately) Cl-1 (1) ow CI-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or fiunished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. , C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner,has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be . carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Whenever there may be a conflict between the General Conditions and the Special Conditions, the latter shall take precedence. . C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements -� which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information, ^^ which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which set forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed an dW 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. CI-1.9 BONDS: The bond or bonds are the written guarantee or security furnished by the Contractor for prompt and faithful performance of the contract and include the following: a. Performance Bond(see paragraph C3-3.7) b. Payment Bond(see paragraph C3-3.7) C. Maintenance Bond(see paragraph C3-3.7) - d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) C1-1 (2) C1-1.10 CONTRACT: The Contract is a formal signed agreement between the owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from the other parts of the Contract Documents, but they are part of the Contract Documents just as though they were bound therein. C 1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of the Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. Cl-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. C 1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. C 1-1.17 DIRECTOR OF PUBLIC WORKS: The officially appointed official of the City of Fort Worth, Texas, referred to in the charter as the City Engineer, or his duly authorized representative. C1-1.18 DIRECTOR. CITY WATER DEPARTMENT: The officially appointed ». Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. C1-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person,person's, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of work, acting C1-1 (3) wo W directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, supplying labor and materials or only labor, for the work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds as are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. Cl-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6 C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25: LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. New Year's day January 1 2. M.L. King, Jr. Birthday Third Monday in January 3. Memorial Day Last Monday in May 4. Independence Day July 4 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Forth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is declared by the City Council, falls on a Saturday,the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar as the holiday. C1-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the Contract Documents,the intent and meaning shall be as follows: C1-1 (4) AASHTO - American Association of State MGD - Million Gallons Highway Transportation Officials per Day ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second JAW - In Accordance With Min. - Minimum ASTM - American Society of Testing Mono. - Monolithic Materials % - Percentum - AWWA - American Water Works R - Radius Association I.D. - Inside Diameter ASA - American Standards Association O.D. - Outside Diameter HI - Hydraulic Institute Elev. - Elevation Asph. - Asphalt F - Fahrenheit n Ave. - Avenue C - Centigrade Blvd. - Boulevard In. - Inch CI - Cast Iron Ft. - Foot u CL - Center Line St. - Street GI - Galvanized Iron CY - Cubic Yard Lin. - Linear or Lineal Yd. - Yard lb. - Pound SY - Square yard MH - Manhole L.F. - Linear Foot Max. - Maximum D.I. - Ductile Iron C1-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary fi mished by the Contractor. C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment,not including an oiled surface,with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1 (5) CI-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined for"Paved Streets and Alleys." C1-1.30 CITY STREET: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2') back of the curb lines or four (`4) feet back of the average edge of pavement where no curb exists. C1-1.32 GRAVEL STREET: A gravel street is an unimproved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. MR C1-1 (6) SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with Proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience R.ecord," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and no more than one (1) year old. In the case that bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten(10)percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been completed not more than five (5) years prior to the date on which Bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. Q an,WO G pr fa OU��, U�6� C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the Owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests,boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima- facie evidence that the bidder has made the investigation, examinations, and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantees that the data shown is representative of conditions, which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or paYtnership, the name and address of each member of the firm, association, or partnership, or by person duly authorized. If a proposal is submitted by a company or corporation, the company or corporation name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power C2-2(2) of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, erasures, or irregularities of any kind, or contain unbalanced value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnishes the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marker with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration must be made in writing, addressed to the City Manager, and filed with him prior to the time set for opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non- consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAHIC MODIFICATIONS OF PROPOSALS: Any Bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening * time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2(3) C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals that have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity, which can not be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of,but not limited to, the following reasons: a) Reasons for believing that collusion exist 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 bidders having performed a prior contract in an unsatisfactory manner. f) Lack of competency as revealed by financial statement, experience statement, equipment schedule, and such inquiries as the Owner may see fit to make. g) Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h) The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder -. as specified in Part"A"- Special Instructions 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of the bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside, and not opened. C2-2(4) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS .. SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of the unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the ward of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as may be considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by the Owner, to allow and audit and/or an examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be �. grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6)months. - C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinances prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided assistance by 'the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner, it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3 (1) C 3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if award is made, will be to the lowest and best responsive bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or use of inferior materials. This performance bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as - evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. - C. PAYMENT BOND: A good and sufficient payment bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil C3-3 (2) , Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner, which are at the time in default, or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved Mow surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the Owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as require,have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner, the Contract and such bonds as may be required in the Contract Documents. No Contract shall be binding upon the Owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the owner as an abandonment of his • proposal, and the owner may annual the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which the Owner will C3-3 (3) suffer by reason of such failure on the part of the Awardee and shall thereupon immediately by forfeited to the Owner. The filing of a proposal will be considered as acceptance of this provision by the Bidder. C-3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub-contractor's certificate of insurance for approval. The prime Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Worker's Compensation Insurance on all of - his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Worker's Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, "" Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in the amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. , C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage,the following'insurance; 1. Contingent Liability(covers General Contractor's Liability for acts of sub-contractors). C3-3 (4) VM WN 2. Blasting,prior to any blasting being done. ow 3. Collapse of buildings or structures adjacent to excavation L excavation are performed adjacent to same). MM 4. Damage to underground utilities for$500,000. 5. Builder's risk(where above-ground structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain during the life of this Contract, Comprehensive Automobile Liability Insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Prime Contractor's insurance not cover the sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and C3-3 (5) performance, payment, maintenance and all such other bonds are written, shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth. Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, and claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth- Dallas area. The name of the agent, or agents shall be set forth on all such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLLS: A certified copy of each payroll covering payment of wages to all persons engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or other wise and as such shall be empowered, thus delegated and directed, to settle all material, .w labor or other expenditure, all claims against work or any other mater associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for the administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth- Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all C3-3 (6) appropriately signed and sealed, as applicable, by the Contractor's responsible offices with the understanding that this written assignment of authority to the local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of the Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be allowed for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (7) i f'Yly fNRY�4 17 ofmyu,"uIIN'if+1NrYIIV UI ur 1 (;f,r+,(IIrv111 ,„, �„ � I''! I 0 "+i+�"}i." fi��i")ill("", ' �II�I +u(44}YII""IIly ITl1N!`I NU11171( 1 {(U i. I II '�'N ,� � I � d�,„CI` ( d,;, �I,ItI ;�'"" Y��.( f Yll�4ll'�I ., ,+ 'VIII? ` s,� 44 (( ( 111::. `11,1111 �U �, rt,,l.n u,lil„s, rl 'I" , ( e 1) y,. (. 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(11 i 11111 ,1Y(1�� �i(r''1'1� , � 1 S tl �� » �� �� ( ,1�,1�,in 1,+, I ! / / �I�Q1('I' HlJfi «�, I ' (� 1 P11 7A II ",Itlr"I� '11 t 1)" (� (I° I'i��i4�1�'`�,�I � 11�' � J�1' � (t � � ��{f111((^ )/ ��� 1���11� �lh(�f(� h 411, o,�l;� (�w41��,1 I h� 1 � �' tt�I it �� , 11,��;1��,�'�{ ,�a(�><AII� ,, s,,,�1i , , I � �,� , ;� t" I ,,,, 1 �, �,,I� � a,� 11) �I�l l� YI 1��1 ,�� �,, � �l ,� � � �� J � 1 ���, Wyl I( I I�ii� ;,� I ' � 14r1 i � � I ) (1`I(1(�V1��i�„ ' � 1)' (11��1 ���� g �( i ,,� ,,��1 I��III �'� !1 11 S'T 1(��V I(?loll �, � r{� �" � })i� �{ ���� i 111 {Nle, � 1� 1` O7«„yl ,x(,111 ���� ��,�1 4� �� ul �, sv,�f4 ; � ,7;YI� / ��� y � r� I. 1V,i ( l( � �1���1i�'.,,,� a« I I ly, i'IG�(II�41 1�?(d�7; �� yy 1f' � � l41 III 1 I '; ',II IV I(�, (�1 1(l 1lI1{,I 1 � I°(„ �,n� �GI+ '...� �1,1'� �h '�t; +p'y II�II� �ll�� i � { 11��� I t l(� �f(11"t�u �ul f>V ��; ���))'P�'pll���()V��I � �'y �' "I �� �1�1{V� x(1114 � �(�� 1� { f s p t(t�111t�.�Nl lll��,� � III}; ,,;l d 2 PART C - GENERAL CONDITIONS C44 SCOPE OF WORK SECTION C44 SCOPE OF WORK C44.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to' provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C44.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, the "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for any such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be part of the Contract Documents just as though they were originally written therein. C44.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than twenty-five (25) percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but not to " the various depth categories. C4-4 (1) C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change order, the owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that before any extra work is begun a "Change order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. . . C. The actual reasonable cost of(1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates, (3) materials entering permanently into the project, and(4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10 percent of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owner by him and used for extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts,bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting Parties. _. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor - to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work,prior to beginning such work. C4-4(2) Should a difference arise as to what does or dose not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof as provided under method (Item Q. Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for "Extra Work" whether or not initiated by a "Change Order" shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or extra work. C4-4.6 SCHEDULE OF OPERATION: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner's approval thereof, a "Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the Contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at �. least five black or blue line prints shall be furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of the first monthly progress payment, the Contractor shall prepare and submit to the owner for approval six copies of the schedule in which the Contractor proposes to carry on activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Engineer. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. �. C4-4 (3) Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to the time constraints, sequencing requirements and completion time. b. The construction progress shall be divided into activities with time durations of approximately fourteen days (14) days and construction values not to exceed$50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction ^^ schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum, be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen(14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals 2. Submittal review periods. C4-4 (4) • 3. Shop fabrication and delivery. 4. Erection or installation. 5. Transmittal of manufacturer's operation and maintenance instructions. 6. Installed equipment and materials testing. 7. Owner's operator instruction(if applicable). 8. Final inspection. 9. Operational testing. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with diligence as will insure its completion within the time specified. 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I ,s I �I �I �� i � I' I� 11' a1�1�1i��)� � ��I{I' I �1 rlu 4,1ti1 �4��,44t1� htrt,�(�� �� l� �;, 7)1` {�, ,r j Y� n{) , I, )Ilu } 10 �a 4' '�aii'�,I jjl ( � t �� � ��j11 pfJlhy!�;;�;�i�� ir(N��,1 � 1 III IUI I '�II!'����1J� 1 1 � (1���1�i'�fS11111 111�1�i )I ,1,(u � �I l� w � 11 ���f�l����i J �i I ��III"'{��� ul)sell ll,+�tl1� � }r(4i)�f� �� � III I��llllll,� {�.;I �-�, 111 ii!� I ii �,;��II� 1 ,� ,.55 l,�I( ��51 l�;I�„ i Hf�i ,}I, I L; I'!�,..� � III'I�, I,I h(Q��I;�I I rl i 1�1}i;fs�{� �� SII ,,'I if� ��� 1�� �" "Illi � i{t- °'(IDI(11«)li'{�,�(������ I,�� �� "1) I ( �j�'' 111111!'1 �I i�(it ) „1i ��,� 11)U��11 d)1{i� � � r„ , � Ilr 1,111 l� 11� ,;,I�rf ;, i,l ;,!, 1111!�(i�11�_;� { i � ' � ���li1 ;;13�51,1��i) i! �filll !u�>,�1��� I'�Flo Irl II �� }j 's �)j �( ai�l��,�1 � n pp �� � ( t i�ul( i � � » "f uuuul I� ifi �q ,,1(jl "I I rl� ° ��1 0 1 � � tq„! � 11 1,1,1 � I 1'`i'�11f�� ,{liil�,��111� {'ll�� ��� ���, 1 � I�� 'i�1 �` �° ('f ;(q�'���� !Ulla r., �� 1, i I I ��} ;;„+is I I !( ou0° +'" 17, I � I{(,(( ,,r, f � I f U� dtt y,f}��y ����{it;IM/(Jl�i����l )�I ! 17y ( ,' I �ll� I� ��� 1� �I P, >s ti�h�1�)I 11 h 1( ( I (�� I,,�y �� �� �I(Q'1�l ��1 � ��� ��� �. �, f„ �%, � �1r,i(��u!hl�h�,��I��I��1�1"t� i' p (f1,;1,1 U 1�1 � I l � � I � � I(Illb�I�lu,� ,111, 1 I j�1� V l 1 � 1 ,IN 1��,�1��II,11il�J(I��j011iu���'711(ji�a�,l� 1 1;,�!!�ylb ��I�U,, ,{� ,�p ,I f 1 i���1!����� li)�� ' �`v1���1 'II ,� , (6,t u ) � ���Z,s� ;7�1 ''.l 1. (,i(lir ) q ) +I � u�}� �� r �iI!1� U � ��"' I a ��� h� I uls4}III� � �� 4 ,1 (�1 u I � I� 1���1 i 1 `��U 117 l� � �. )I � ����ui(�� ���lil{1,� ��'� �il� �� �I f���� t. X14', �� (' � �>� , 1 ��b 4� Hi1 �1�,, �)N J �t i l�� I I'1�1 l¢}�)soii����h�14�4!�r��� u'� r,1 I i ���` �„ ���114Ih1� �Vlo� �'' b, I� 1�) PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. The Engineer shall decide all questions which arise as to the quality and acceptability of the materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the Contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequence or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. The Engineer shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross-sections, finish, and dimensions shown on the plans or any other requirements other wise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specification, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the C5-5 (1) T 'x;10! FY. M. Contract Documents, and the owner shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in drawings, specifications, or other portions of the Contract Documents, which were not reported prior to the award of Contract, the Contractor should be deemed to have quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of Contract Documents and shall have available on the site of the project at all times, one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other -„ Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas, and shall be subject to call, as is the project superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of the property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond •�, with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar-day or a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the C5-5 (2) am 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 shoe just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds ' due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 x 14 feet in floor area, substantially constructed, well heated, air conditioned, lighted, and weather proof, so that documents will not be damaged by the elements. C5-5.7 CONTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted under these Contract Documents, and lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have the authority to reject materials or equipment, and/or to suspend work until the question at issue can be referred to and decided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary tot he requirement s of the �.. C5-5 (3) Contract Documents. The City Inspector will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents of the Contract Documents, provided, however, should the Contractor object to any orders or instructions or the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in Controversy. C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work,remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work,but should Work so exposed or examined prove to be unacceptable, the uncovering .,. or removing and replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. C5-5.10 REMOVAL OF EDEFCTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at this expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specially provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer-made under the provisions of iP this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due tot he Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such work. C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the preconstruction conference, make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the function called for by the general design, be similar and of equal substance to that specified and be suited to the same use and C5-5 (4) capable of performing the same function as that specified ; and identifying all variations of the proposed substitute from that specified and indicating available maintenance - service. No substitute shall be ordered or installed without written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute, as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner, Engineer, and anyone directly or indirectly employees by either of them from and against the claims, damage, losses, and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless other wise specifically provided. The failure of the Owner to make any tests of materials shall in no way relieve the contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing ^^* Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction contract shall be stored so as to insure the preservation of quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the plans relative to the existing utilities are based on the best information available. Omission from, the inclusion of utility locations on the Plans is not to be considered as nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for C5-5 (5) all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever,unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision of which is not made in these Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor's responsibility to verify locations of the adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate- clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures, and service lines. Verification of existing utilities, structures, and service lines shall include notification of all utility companies at least forty-eight(48) hours in advance of construction including exploratory excavation if necessary. All verification of utilities and their adjustment shall be considered subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosecution of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division as to location,time, and schedule of service interruption. 2. Notify each customer personally through responsible personnel as to the time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's doorknob. The tag shall be durable in composition, and in large bold letters shall say: C5-5 (6) "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be interrupted on between the hours of and This inconvenience will be as short as possible. Thank You, Contractor Address Phone b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through act or neglect on the part of the Contractor, or any other Contractor or any sub-contractor shall suffer loss or damage of the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub- contractor shall assert any claim against the owner on account of damage alleged to have been sustained, the owner will notify the Contractor, who shall indemnify and save harmless the owner against any such claim. C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the satisfaction of the Engineer. Twenty-four (24) hours after written notice is given the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. OP. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean up required on the project. C5-5 (7) C5-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final clean-up performed, the Engineer will notify the proper officials of the Owner and request that a Final Inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work, materials, and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. C5-5 (8) PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea, 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 go claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6.3 PATENTED DEVICES. MATERIALS, AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract price shall include all royalties or cost arising from patents, trademarks, and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such trade-mark or copyright in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be VOW infringed upon the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on.any property either public,or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed, and maintained by the Contractor and their use shall be strictly enforce Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be placed and used, and the work shall at all times be so conducted, as to �+ cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to the property contiguous tot he work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement or crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer, If diversion of traffic is approved by the Engineer at any location, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes,police call boxes, water valves, gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work or materials furnished by the Owner or by the City shall be deducted from the monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. C6-6(2) The Contractor shall at all times conduct his operation and use of construction machinery so as not to damage or destroy trees and scrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS ALLEYS AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or staked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railroad tracks, the work shall be carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his ! use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railroad, the City will secure the necessary easement for the work. Where the railroad tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railroad company as to the methods of performing the work and take all precautions for the safety of property and the public. Negotiations with the railway companies for the permits shall be done by and through the City. The Contractor shall give the City Notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights, and danger signals, shall provide such watchman, and shall take all such other precautionary measures for the �- protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them .. C6-6(3) at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statues, pertinent section being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871-8075), to remove the sign. In case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referred manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re- installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible foe all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been - completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the Work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES. DROP WEIGHT ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in advance of the use of any C6-6(4) activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Conditions Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges, as the City may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the Contractor should be provided by him at his expense. Such additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights-of-way or easements of obstructions, which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to, all tress, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the work. 4W The Contractor shall notify the proper representatives of the owners or occupants of the public or private lands of interest in lands, which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work,material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of non-execution thereof on the part of the Contractor, he shall restore or have restored as his cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise C6-6(5) replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross brace posts on either side of the permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross-braced posts at the point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits,before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore,no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due to or to become due to the Contractor under this contract. C6.6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that the Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the Owner. Contractor shall have exclusive control of and exclusive right to control the details of all a` work and services performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractor, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in apart, by alleged negligence on the part of officers, agents, employees, contractors, subcontractors, licensees or invitees of the C6-6(6) Mw M- Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers, agents, servants, and employees for property damage 4 or loss, and/or personal injuries, including death, to any and all person of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the Contractor, its MW officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in apart, by alleged negligence of officers, agents, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise W* covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries, loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in apart, any and all alleged acts of omission of officers, agents, employees, contractors, subcontractors, licensees, or invitees w of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended to the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claims concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in the amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory tot he Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that final payment to the Contractor be made. At the expiration of the six month period, the C6-6(7) Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation foe any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 250' day of the month succeeding that in which ant such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and the amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES ETC.: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to the property that may be necessary by the performance of this Contract. C6-6.15 TEMPORARY SEWER.AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage, which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or divisions. The Contractor, at his own cost and expense, shall construct such troughs,pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service -M and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6(8) C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction ®^ work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be made at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City ordinance, or where no ordinances applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C 6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the • opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written notice of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or deficient operations on the part of the Contractor, shall be performed by the Contractor at his expense. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. • C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. re The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6(9) MW C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representative of the Owner, either personally or other wise as they are agents and representatives of the City. C6-6.21 STATE SALES, TAX: On a contract awarded by the City of Fort Worth, and organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor may purchase, rent - or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other *, applicable State Comptroller's rulings pertaining to the Texas Limited Sales, Excise. and Use Tax Act. On a contract awarded by a developer for the construction of a publicly-owner improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act,the Contractor can probably be exempted in the same manner stated above. Texas Limited Sales, Excise, and Use Tax Act permits and information can be obtained from: Comptroller of Public Accounts Sales Tax Division Capitol Station " Austin, TX C6-6(10) o. PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workmen under his immediate superintendence, work of a value of not less than fifty (50%) percent of the value embraced on the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not, under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject to the same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented; either in person or by a superintendent or other designated representatives. C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any states, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operations, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. C7-7(1) MR The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any Deviation from such sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 EXTENSION OF TIME OF COMPLETION of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATION OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for proper execution of the work, the Engineer may require the Contractor to , finish the section on which operations are in progress before the work is commenced on any additional section or street. C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor when it is available. The Contractor may bring from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties and tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or to be found to be incompetent, disrespectful, intemperate, dishonest, or otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglect or refuses to comply with or carry out the direction of the owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work. Workmen or adjacent property will result from its use. C7-7(2) C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of the work completed as defined in C 1-1.23 "WORKING DAYS" or the date stipulated in the "WORK ORDER"for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later that the preceding Thursday. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in C1-1.24 and the Contractor may work, as he so desires. C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time - as may be properly authorized. C7-7.$ EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall occurred. Should an extension of the time of completion be requested such request would be forwarded to the City Council for approval. In adjusting the contract time for completion of work, consideration will be given to unforeseen causes beyond the control of and without the fault or negligence of the Contractor, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, embargoes, or delays of sub-contractors due to such causes. C7-7(3) When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by the Engineer found correct, shall be approved and referred by the Engineer to the City Council for final approval or disapproval; and the action thereon by the City Council shall be final and binding. If delay is caused by specific orders given by the Engineer to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for shall, however, be subject to the -- approval of the City Council: and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the Contract. Each bidder shall indicate in the appropriate place on the last page of the proposal, the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the proposal section of the Contract Documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City would become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. C7-7(4) AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES PER DAY Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15,000 inclusive $ 45.00 $ 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclusive $ 105.00 $ 50,001 to $ 100,000 inclusive $ 154.00 $ 100,001 to $ 500,000 inclusive $ 210.00 $ 500,001 to $ 1,000,000 inclusive $ 315.00 $ 1,000,001 to $ 2,000,000 inclusive $ 420.00 $ 2,000,000 and over $ 630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult to calculate due to lack of accurate information, and that the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the vent the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unsuitable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of the work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THETIME OF COMPLETION, and should it be rz C7-7(5) CITti' G°? ��!�'�r determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the president of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made - and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contractor, than if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty days, the Contractor my request the owner to terminate the contract and the owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include; but not be limited to the payment for all work executed but not anticipated profits on work,which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF THE CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared canceled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure .of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. b. Substantial evidence that progress of the work operations by the Contractor is insufficient to complete the work within the specified time. C7-7(6) C. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. �^ h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. j. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A Copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is canceled, the Contractor shall discontinue the work or such part thereof as the owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with written consent of the owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. C7-7(7) In case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which 'the Owner has ordered the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such work thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials, labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual ®, cost of the owner of such work In case such expenses shall exceed the amount which would have been payable under the �. Contract if the same had been completed by the Contract, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with the performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. A. NOTICE OF TERMINATION: Any Termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any C7-7(8) claim, demand or suit shall be required of the Owner regarding such discretionary action B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by notice of termination; 4. transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer: a. the fabricated or unfabricated parts, work in progress, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of the termination; and b. The completed or partially completed plans, drawings, information, and other property, which if the contract had been completed, would have been required to be furnished to the Owner. 5. complete performance of such work as shall not have been terminated by the notice of termination; and 6. Take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract, which is in the possession of the Contractor, and in which the owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of C7-7(9) which has been directed or authorized by Engineer, Not later than 15 days thereafter, the owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. mm C. TERMINATION CLAIM: Within 60 days after the notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. D. AMOUNTS: Subject to the provisions of Item C7-7.1(C), the Contractor and the Owner may agree upon the whole or any part of the - amount or amounts to be paid to the Contractor by reason of the total or partial termination of the work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price reduced by the amount of payments otherwise made and as further reduced by the contract price work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No x` amount shall be due for lost or anticipated profits. Nothing in C7-7.16(E) hereafter, prescribing the amount to be paid to the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16(D) upon the whole amount to be paid to the Contractor by reason of the termination of the work pursuant to this section, the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the Contractor under this section there shall be deducted; 1. all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; C7-7(10) - 2. any claim which the Owner may have against the Contractor in connection with this contract; and 3. the agreed price for, or the proceeds of the sale of, any materials, supplies or other things kept by the Contractor or *" sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. ADJUSTMENT: If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract, the Contractor may file with the Engineer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; noting contained herein, however, shall limit the right of the owner and the Contractor to agree upon the amount or amounts to be paid tot he Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. H. NO LIMITATION OF RIGHTS: Noting contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT" or any other right which the Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible �. for initiating, maintaining and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. C7-7(11) I ( 4 ( I��11�)iii „j���11�,,,! 1 p 4�13��'� � 4 1 D,;,nl(I it t ,rt,;,,1 e°, '7�� I• n !,n tl1 ry ,D,} f{i h� I ,( � fI li 1 a+ �I, i it ( 1! o t' ,. ttf t •(, 1 �I 1 iio,7y,r)lt u' � » �)n yt p(1f•, ((�.'�y ! f11114t, �l, � 1 � } �� ,( �(' 11%� ��, } 1 I � 11 � i rt 1 U i j� 1�,�� , 14���`'�� � !,� Ir, 1� ��itj i},+j1/l( jt�il�•va1��l, � I NY r) �(1f1111r ii ,V ws i ii �yY t1, !Z �� 1 �'°iI��11�1( illi lulfl�� il� 11111)ruil'ui, 1� „� PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and item installed. C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finishing costs, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other clauses, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8-8.3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidiary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. �. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract �. Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, C8-8(1) and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the "~ Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the one year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the 1St and the 5th day of each month, the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 10th day of the month, the Engineer shall verify such estimate, and if it is found to be acceptable and the value of the work performed since the last partial payment was made exceeds one hundred dollars ($100.00) inn amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000.00, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000:00 or greater, within twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimates may include acceptable nonperishable materials delivered to the work, which are to be incorporated into the work as a permanent part thereof, but which at the time of the estimate have not been installed (such payment will be allowed on a basis of 85% of the net invoice value thereof). The - Contractor shall furnish the Engineer such information as he may request to aid him as a guide in the verification or the preparation of partial estimates. It is understood that partial estimates from month to month will be approximate only, all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quantity of sufficiency, or as an acceptance of the work done or the release -. of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the Contractor fails to perform the work strictly in accordance with the specifications or provisions of this Contract. C8-8(2) C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment thereof as ,p outlines in paragraph C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the .. Contract Documents and all approved modifications thereof shall have been completed a and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. The amount of the final estimate, less previous payments and any sums that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after the final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the owner satisfactory evidence of compliance as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit as furnished by the City, certifying that; A. all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, B. that the wage scale established by the City Council in the City of Fort Worth has been paid, and C. that there are no claims pending for personal injury and/or property damages. Y The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of said City relating to or connected with the Contract. , , C8-8(3) The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents, which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project,provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereof approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the Contract Documents, approved modifications thereof, and all alterations thereof. C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of the work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to the other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation, and cleanup are general items of work, which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one- tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the Project. C8-8.13 RECORD DOCUMENTS: The Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the site, in C8-8(4) r�• good order and annotated to show all changes made during the construction process. These shall be delivered to the Engineer upon completion of the work. C8-8(5) :j; V, ' ,i i ,� i, r. Y i b a OW SUPPLEMENTARY CONDITIONS �. FORT WORTH, WATER DEPARTMENT WATER AND WASTEWATER TREATMENT PLANT PROJECTS September 2, 2003 1. CONTRACT DOCUMENTS: In Section C1-1.2 CONTRACT DOCUMENTS delete Paragraph C1-1.2b SPECIAL CONTRACT DOCUMENTS and add the following: "b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) White SPECIAL INSTRUCTION TO BIDDERS White PART B - PROPOSAL (Bid) White .. M/WBE BID SPECIFICATIONS Golden Rod PART C - GENERAL CONDITIONS Canary Yellow PART CS- SUPPLEMENTARY CONDITIONS Green PART D - SPECIAL CONDITIONS Green PART E - TECHNICAL SPECIFICATIONS White PERMITS/EASEMENTS (Some Permits are Multicolored) White PART F - BONDS AND INSURANCE White PART G - CONTRACT White PART H - PLANS/FIGURES (may be bound separately) White" 2. DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: Delete entire Paragraph C 1-1.17, and replace with the following: C1-1.17 DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: The officially appointed Director of the Transportation and Public Works Department of the City of Fort Worth, or his duly authorized representative, assistant, or agents. 3. DIRECTOR OF ENGINEERING: Add the following paragraph after C1-1.17 and before C1-1.18: C1-1.17A DIRECTOR OF ENGINEERING: The officially appointed Director of the Department of Engineering of the City of Fort Worth, referred to in the charter as the City Engineer, or his duly authorized representative assistant, or agents. 4. ENGINEER: Delete entire Paragraph C1-1.19, and replace with the following: The Director of the Fort Worth Department of Engineering, the Director of Fort Worth Transportation and Public Works Department, the Director of the Fort Worth Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. CS-1 5. PROPOSAL FORM: In Section C2-2.1, Paragraph 1, revise last sentence to read as follows: "The Bidder shall furnish a Financial Statement, Equipment Schedule, and Experience Record, all of which must be properly executed and filed with the Director of the Water Department one week prior to the hour for opening of bids. Information shall be on forms provided by the Bidder and acceptable to the City. " 6. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: In Section C2-2.3, Paragraph 2, add the following to the last sentence: "except for changes " in the site conditions caused by factors outside of the control of the Contractor which occur after the Contractor's inspection and prior to installation." 0 7. INTERPRETATIONS AND PREPARATION OF PROPOSAL: Part C - General Conditions, Section C2-2, exchange paragraphs C2-2.7, C2-2.8, and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security and other required material, to the Purchasing Manager or his representative at the official location and stated time set forth in the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal. actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL" and the name or description of the project designated in the "Notice To Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box 17027, Fort Worth, Texas 76102." C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for the opening of proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to , the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. CS-2 8. MINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE r COMPLIANCE: Delete entire Paragraph C3-3.2, and replace with the following: C3-3.2 MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of FortWorth Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,.five (5) City business days after the bid {- opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be .• grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three (3)years. 9. C3-3.5 AWARD OF CONTRACT is modified to read as follows: "The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed the period stated for the duration of the Bid Security *" stated in the Notice to Bidders or 90 days, whichever is shorter." 10. C3-3.7 BONDS. For the Paragraph after Paragraph C3-3.7d OTHER BONDS, which begins with "No sureties", change the entire paragraph to read as follows: "In order for a surety to be acceptable to the City, the surety must(1)hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations'permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance CS-3 shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. Each bond shall be properly executed by both the Contractor and the Bonding Company." 11.0 INSURANCE. Delete entire Paragraph C3-3.11 INSURANCE, and replace with the following:: C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required under the Contract Documents, and such insurance has been approved by the Owner and certificates of Insurance shall be delivered to the Owner (City of Fort Worth, Contract Administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, Texas 76102) prior to commencement of work on the contract project. The prime Contractor shall be responsible for delivering to the Owner the sub- contractor's certificate of insurance for approval. The prime Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not ., . his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. The General Contractor may require all subcontractors to be insured and submit �. documentation ensuring that the requirements of C3-3.11 are met for all subcontractors. Failure of the Owner to request required documentation, shall not constitute a waiver of the insurance requirements specified herein. The Contractor's liability shall not be limited to the specified amounts of insurance required herein. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Worker's Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. Worker's compensation insurance covering employees in the project site shall be indorsed with a waiver of subrogation providing rights of recovery in favor of the OWNER. b. COMMERICAL GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, General Liability Insurance (Public Liability and Property Damage Insurance) in the amount not less than $500,000 covering each occurrence/aggregate on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence/aggregate on account of property damage with $2,000,000 umbrella policy coverage. Certificates of -* insurance shall state that Insurance is on an "occurrence" basis. Certificate shall also contain a statement that no exclusions by endorsement have been made to the Commercial General Liability Policy. CS-4 C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a ' separate policies or by additional endorsement to one of the above- mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability (covers General Contractor's Liability for acts of sub-contractors). 2. Blasting,prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation Lif excavation are performed adjacent to same). 4. Damage to underground utilities for$500,000. 5. Builder's risk(where above-ground structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). The City, its offices, employees, and servants shall be endorsed as additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers compensation insurance policy. Contractor's insurance policies shall be indorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by the OWNER shall not be called upon to contribute to loss recovery. 7. When required by the Contract Documents, Environmental Impairment Liability Coverage must be provided in the limits of $1,000,000 per occurrence and $2,000,000 annual aggregate. The Environmental Impairment Liability (EIL) must contain coverage for sudden and accidental contamination or pollution, liability for gradual emissions, and clean-up costs. The EIL coverage shall include two year completed operations coverage on a per Project basis. A separate insurance policy may be needed to fulfill this requirement. EIL for damages incurred in the course of transporting sludge shall be covered under the contractor's insurance policy(s). d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain during the life of this Contract, Comprehensive Automobile Liability Insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 aggregate on account of one accident, and automobile property damage insurance in an amount not less than $100,000 aggregate. CS-5 e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached.) Other than Worker's Compensation Insurance, in lieu of specified insurance, the City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Prime Contractor's insurance not cover the sub-contractor's work operations. " g. DEDUCTIBLE LIMITS. The deductible limits or self-funded retention limits, on each policy must not exceed $10,000 per occurrence unless otherwise approved by the City. h. INSURANCE COMPANY: The insurance company with whom the Contractor's insurance is written shall be authorized to do business in the State of Texas and shall have a current A.M. Best Rating of"A:VII" or equivalent measure of financial strength and solvency. i. NOTIFICATION. During the lifetime of this contract, the Contractor shall notify the ENGINEER in writing, of any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. - j. CANCELLATION: Insurance shall be endorsed to provide the City with a minimum of thirty days notice of cancellation, non-renewal and/or material change in insurance policy terms or coverage. A minimum 10 day notice shall be acceptable in the event of non-payment of insurance premium to insurance company. CITY RESPONSIBILITIES. The City shall not be responsible for direct payment of insurance premium costs for Contractor's Insurance. " 12. LIMITATION OF INCIDENTAL CHARGES (Reference C4-4.5c): The Contractor agrees that should any change in the work of extra work be ordered, the following applicable percentage shall be added to Material and Labor Costs to cover overhead and profit: CS-6 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed 15%. 2. Allowance to the Contractor for overhead and profit for extra work performed by a subcontractor and supervised by the Contractor shall not exceed 10%. Contractor shall be reimbursed for direct field overhead when the change requires an extension of the Contract period. Contractor shall not be reimbursed for indirect overhead or indirect costs related to changes to this contract. 13. TESTING COSTS: Section 5-5.12, revise the first sentence to read as follows: "Where, as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for by the Contractor unless otherwise specifically provided for in the Technical Specifications." 14. LAWS TO BE OBSERVED: Section C6-6.1, delete "or which may be enacted later". After the word "exist," add "at the time of the Contract or may be hereafter exist during the performance of the Contract." 15. BUILDING PERMITS: Paragraph C6-6.2 Insert the following at the end of the P; paragraph; "Contractors are responsible for obtaining all construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Department in accordance with the permit requirements and submit copy of updated schedule to the Engineer weekly. Building, plumbing, electrical and mechanical building permits are issued without charge. Water and sewer access fees will be paid by the Water Department. Any other permit fees are the responsibility of the Contractor." 16. BARRICADES, WARNINGS AND FLAGMEN: In Paragraph C6-6.8, replace the word "watchmen" wherever in appears with the word "flagmen". In the first paragraph, lines five (5) and six (6), replace "take all such other precautionary measures" with "take all reasonable necessary measures". 17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Delete entire Paragraph C6-6.12, and replace with the following: "C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to indemnify the City' Engineer and .Architect, and their personnel at the project site for the Contractor's sole negligence. In addition, the Contractor covenants and agrees to indemnify, hold harmless and'defend at its own expense, the Owner, its officers, agents, servants, and employees, from and against all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise of, the work and services to be performed hereunder by the Contractor, its officers, agents, employees subcontractors, licensees or invitees, CS-7 whether or not any such iniury, damage or death is caused, in whole or in Part, by the negligence or alleged negligence of the Owner, its officers, agents, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless Owner from and against any and all injuries to the Owner's officers, agents, servants, and employees, loss or destruction of property of the Owner arising form the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused, in whole or in Part, by the negligence or alleged negligence of the Owner, its officers, agents, servants, or employees In the event the Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until the Contractor either (a) submits to the Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides the Owner , with a letter from the Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract." 18. STATE SALES TAX: A. Delete Paragraph C6-6.21 STATE SALES TAX in its entirety. B. This contract is issued by an organization, which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise, and Use Tax -Act. All equipment and materials not consumed by or incorporated into the project construction are subject to State Sales Tax under House Bill 11, enacted August 15, "" 1991. All such taxes shall be included in the various amounts on the Proposal Form. The successful Bidder shall be required to submit a breakdown between costs of labor, consumable material and other construction costs and costs of material incorporated into the project construction prior to execution of this contract. B. At the time of execution of the Contract Documents by the Contractor, the Contractor shall complete the "Statement of Materials and Other Charges" which identifies the project costs anticipated in the Project into "Materials Incorporated into the Project" and "All Other Charges". The Contract shall be a"Separated Contract". C. The City of Fort Worth will issue appropriate Certificates of Resalc to the Contractor. D. All Change Orders to the Contract will separate charges for materials and labor and will contain the following statement: "For purposes of complying with Texas Tax Code, the Contractor agrees that the charges for material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor." CS-8 IM 19 AIR POLLUTION WATCH DAYS: Add the following to Section C7-7: C7-7.18 AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. - 10:00 a.m. being critical BECAUSE.EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. . The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 VP a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. d" If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. 20 C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4 SCOPE OF PAYMENT in its �o entirety and replace with the following: "The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the 10 obligations of the Contractor to repair, correct, renew, or replace at his own and CS-9 proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein." 21. PARTIAL PAYMENTS: Change Paragraph C8-8.5 to read as follows: "Partial pay estimates shall be submitted by the Contractor 5th day and the 20th day of the month that work has been is in progress. The estimate shall be processed by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place, which are to be incorporated into the work as a permanent part thereof, but which at the time of pay estimate have not been so installed. If such materials are included within a pay estimate,payment shall be based upon 85% of the net invoice value thereof. The Contractor will furnish the engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000.00 at the execution, retainage shall be ten percent (10%). For contracts of$400,000.00 or more at the time of execution, retainage shall be five percent(5%). Contractor shall pay subcontractors in accord with subcontract agreement, within five (5) business days after receipt by the Contractor of the payment by the City. Contractor's failure to make the required payment to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of the same will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate. Payment of any partial pay estimate shall not, in any respect,be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the �. Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract." 22. GENERAL GUARANTY. Delete C8-8.10 GENERAL GUARANTY in its entirety and replace with the following: CS-10 Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of the work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to.the other work resulting therefore which shall appear within a period of two (2) years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specification, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. 23. RIGHT TO AUDIT: Add the following to Section C8-8: C-8-8.14 RIGHT TO AUDIT: "(a) The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c) hereof. The City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse contractor for the cost of the copies as follows: 1. 50 Copies and Under- 10 cents per page. 2. More than 50 copies - 85 cents for the first page plus fifteen cents for each page CS-11 thereafter." (5/25/93) 24. SCHEDULE OF COSTS: Add the following to Section C8-8: C8-8.15 SCHEDULE OF COSTS: Following the completion of all work on the Project and prior to submittal of a request for final payment, the Contractor shall provide a Schedule of Costs to City for approval which lists all equipment systems, structures, building electrical and HVAC systems, overhead and project related costs. The items will be grouped into categories using the Owner's list of category codes which will be provided by the Owner at the Preconstruction Conference. The Schedule of Costs will be used by the City as input to the Capital Assets System, and will not be considered in preparation of modifications to the Contract. Costs associated with the preparation and processing of this schedule of costs shall be subsidiary to the price bid. The Contractor will also provide a projected payment schedule tied to the project schedule and the schedule of values, which projects the monthly payments through the end of the Project. The Payment schedule must be submitted along with the first request for payment. This information is necessary to arrange financing of the Project by the City. END OF SECTION CS-12 PART D— SPECIAL CONDITIONS TABLE OF CONTENTS ITEM TABLE OF CONTENTS D-1 General D-2 Project Designation D-3 NOT USED D-4 Project Signs D-5 NOT USED D-6 Wage Rates D-7 NOT USED D-8 NOT USED D-9 NOT USED D-10 Existing Utilities D-11 Exploratory Excavations D-12 NOT USED D-13 Substitutions D-14 NOT USED D-15 NOT USED D-16 NOT USED D-17 NOT USED D-18 NOT USED D-19 NOT USED D-20 NOT USED D-21 NOT USED D-22 NOT USED D-23 NOT USED D-24 NOT USED D-25 NOT USED D-26 NOT USED D-27 NOT USED D-28 NOT USED D-29 NOT USED D-30 NOT USED D-31 NOT USED D-32 NOT USED D-33 Deholes D-34 Easement and Permits D-35 NOT USED D-36 NOT USED D-37 NOT USED D-38 NOT USED D-39 NOT USED D-40 NOT USED D-41 NOT USED D-42 NOT USED Qgsfl ION 88-a aasfl ION L8-Q oouainsul uopesuoduuo:) s,iojiorn 98-Q QgSfl ION S8-Q Qgsfi ION t8-Q G9srl ION £8-Q ooue.znsul Z8-Q casri ION I8-Q Gasfl ION 08-C juauzaned oloiouoo uo gznD 6L-Q Qgsfl ION 8L-(l aasfl ION LL-Q Qasfl,LON 9L-Q aasfl ION 9L-Q Gasfl ION tL-Q QgS1l ION £L-Q aasfl ION ZL-Q do-uuol0 I L-Q casfl ION OL-Q QgSfl ION 69-Q GRsfl ION 89-C Qasfl ION L9-Q QgSfl ION 99-Q Gasfl ION 99-G QgSfl ION t9-Q QgSfl ION £9-Q QgSfl ION Z9-Q aasfl ION 19-Q Gasfl ION 09-Q Qgsfl ION 6S-Q GUM ION 89-C fuipoos pine `futpaos `golnuz o.zp�H L9-Q QgSfl ION 99-Q QgSfl ION 9S-Q ieual,ew llg/Ilods jo IesodslQ t,9-(i C9sfl ION £S-Q c9sfl ION z9-Q aasfl ION I S-Q QgSfl ION 09-Q QgSfl ION 6t,-Q GRsfl ION 8t,-Q QgSfl ION Lt-Q Gasfl ION 9t,-Q QgSfl ION St-Q JOUAUoa Jo ajt-1 teti-Q satiilueno pig Et-(i SINgINOD 30 91MVIL SNOIIIGNIOO livIOgds —CIIWVJ PART D— SPECIAL CONDITIONS TABLE OF CONTENTS D-89 NOT USED D-90 NOT USED D-91 NOT USED D-92 NOT USED D-93 NOT USED D-94 NOT USED D-95 NOT USED D-96 NOT USED D-97 NOT USED D-98 NOT USED D-99 NOT USED D-100 NOT USED D-101 Testing D-102 Subsidiary work D-103 Addenda D-104 OSHA Standards D-105 Project Superintendents D-106 Resident Engineer D-107 Progress Photographs D-108 Termination D-109 Hazardous and Toxic Materials D-110 Spoil and fill material D-111 Age D-112 Disability D-113 Indemnification D-114 Construction Administration D-115 Air Pollution Watch Days D-1 GENERAL: Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and General Specifications, effective July 1, 1978, are made part of the Contract Documents for this Project. The Plans, Special conditions and Provisions Documents, and the rules, regulations, requirements, instructions, drawings and details referred to by manufacturer's name, number or 'identification included therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the Contractor. The Specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: 1. Plans 2. Special Contract Documents 3. General Contract Documents and General Specifications The following Special Conditions shall be applicable to this project and shall govern any conflicts with the General Contract documents under the provisions stated above. D-2 PROJECT DESIGNATION: Construction under these Special Documents shall be performed under the Fort Worth Water Department Project Designations: Water Project Number PW164-060164050001 D-4 PROJECT SIGNS: Project Signs are required at all locations which will be under construction for more than thirty (30) calendar days as indicated in Part B Proposal. Project Signs shall be in accordance with Figure 30A (dated 8-28-89) in Part H of the General Contract Documents. The signs may be mounted on skids or on posts. The exact locations and methods of mounting shall be approved by the engineer. Any and all costs for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed. D-6 WAGE RATES: The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Documents. In no event shall less that the following rates will be paid. (see attached wage rates) When two or more wage rate scales are shown and wage rates shown in specific classifications are in conflict, the higher wage will be used. u o luui of noutoug aqj jo uoissiuLuod ua:gum pantaoa.z s-eg lojoul uo0 agl Itjun paltu lod oq Iitm suoiInIllsgns oN •loofold fiZojougstlEs u Oinoozd of fa-ess000u sanaiiaq X11D otp gotgm `,�jtlunb jo pl-epuuIs uznurtuiw agj Ino jos sluuojLw zoj suo[Teoutoods Qq j :SNOI,LILLL safis EI-C •s0zn40ruIs pOTutoossE oqj to outl jotAos/101um jo futlon4suoo ioj ptq Ooud 1tun aip ui popnlout oq of pojoptsuoo oq IIEgs suotWAEoxo faojE.zoldxo out}lEut ui lojoLuluoO Oql Xq paztnoul sisoo ilV •,KuiaP wnunuurt gjtm Opm oq of uotjEoolaz fxessooau �uu Ituuad ol aouunpu ui gfnouO zuj •moon hugs suotIuAEoxa faol-eloldxa IIV •sOtjtitotj lomos jo/puu low'm Oql jo uotlotl4suoo loagE �uuz gotgm `soIjIltin fuistxo Oluool puu ajunuoxo of X.liltgtsuodsa.z s jolmlluoo oqj oq hugs 11 `sfutmE.zQ oqj uo pO;uuatsop oq Xuui su sua•tu osogi of uotltppu ul SNOIIVAVDX9 A"'JO,LV'dO'IdXg I I-Q •jou.4uoo stgj jo aouuuzzojzad�q,�Zuss000u opuur oq , uut juqj X;lodold jtagl jo `sjiudol to safuugo eons Dut}luutIo osodtnd oqj Ioj 100 fold oqj jo silurtl oqj uodn ioluo ol sopiltin oilgnd jo zaumo aqj of po uosoi sl igf u aq j •.iaautpug oqj Xq os op of pazapzo Il un gjtm polo] a}ut zo panouz oq fou hugs X�zadold eons `,�jtiqn otlgnd u jo •taumo Xuu jo X4.tadold Ogg anouz zo aauugo of ftussooau si it OsEo ul luoural, put, soptuf ut slotlluoo �m jo oouo ju nouffug Oqj Xjtjou puE soggToul punolflopun DuIIstxa aIuool o1 satTtitjrt 11t, .Io szaumo oqj gjtm o utad000 hugs aH •autl aotAlQS to X1111�n paDuurep aqj Io zaum0 Otp �jtjou �Iajujpouttui hugs zojouj uo:) ally •asuodxo pie Isoo umo si q ju `smld aqj uo polou zo umogs OsiAuoq;o ssolun `za:4aq io `uototugsuoo pine JEU0172ut luutauo Jo Odf, amus oqj gjtm sautl OOIA.zas .to s011111in oqj ltedoj zo Oouldol imus lolouz;uoD oqj `panEump .to uojozq `Ino olt, souil Oowos to somiRn 5uustxO QlQgrn •QH A10'I'IV gg TIM NOL VSNgdWOo 'IVNOIIIQQV ON •Paiiuisut odtd jo jooj moutl .tad ptq Isoo.oqj ui popnlout oq hugs saptltouj tions Io uotluoolol fauzodwol zo pue uotloolold oql ioI pa.unoui isoo Ilu puE Xue pine suolit'lodo si .q Io }Insal u se sattitoul �?utstxo tions o; Ouop so-ump lit? Ioj algEtl si lojouz;uo0 oqj •uol on4suoo futmp punoif moloq pine OAoqu gjoq s;)jmon.4s puu solITIlin logjo IiE Pie `sadtd aREutEjp `salgEo IEo 400lo `soutl lomos XMpxes `sm to nitm `sooulos Xjtltjn `solquo ouogdojoj `souil sEa `solod tit;n iiE ,Io uotWooloi �ZEzoduzoj to put? `uoiWoojai `uotloo old `�poddns oqj ioj suotstnold f zuss000u iIu a3luuz imus lojoux;uoo •suogUjodo uotion-4suoo stg Xq posodxo .to possozo S-lZOdold lotpo io `soutl ootntas `saptlt}n futistxo iiu DutloOlold pine jo suotWool oqj 2utxuaA JOJ olgtsuodsoi oq Ilugs loco 4wo oqj •zanaosjugm.iauuuuz XuE ui sog1 umb dud Otp futs'ealout.zoj zo Niom Ez4xo ioj uotlEsuodwoo luuotltppu ioj sunulo ioj ststq ;uototjjns pojoptsuoo oq jou Ilugs azngej gons jugj paa:ffu XIlun;nuz si 11 •uoiWool jouxo lioqj ut utatp molls of zo `suuld oq} uo som4oruls osogj jo Ilu to �uu mops of aingej ioj f4titgtsuodsaz ou soumssu loumO oq} `IQAQ&OH •sammon.tas Oovj-insgns puu ootj ns umou3l Iiu jo suotWool oqj molls sueld oqZ Sali'llifl DNILSIXR 01-Q substitution for the material, which has been specified. Where the term "or equal," or " or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the proposed substitute is procured by the Contractor. Where the term "or equal," or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related to "Substitutions" shall be applicable to all sections of these specifications. D-33 DEHOLES (MISC. EXT.) The Contractor excavates for existing water and/or sanitary sewer main as detailed by work order together with a sketch. The location and dimensions shown on the plans relative to other 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. It shall be the Contractor's responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the dehole process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all services encountered. Any damage to utilities resulting from the Contractor's operations, shall be restored at his expense. Payment for work such as backfill and all other associated appurtenants required shall be included in the price of the appropriate bid item. D-34 EASEMENTS AND PERMITS: Easements and permits, both temporary and permanent, have been secured for this project at this time and made a part thereto. Any easements and/or permits, both temporary and permanent that have not been obtained by the time of publication shall be secured before construction starts. No work is to be done in areas requiring easements and/or permits until the necessary easements are obtained. The Contractor's attention is directed to the easement description and permit requirements, as contained herein, along with any special conditions that may have been imposed on these easements and permits. Where the pipeline crosses privately owned property, the easements and construction areas are shown on the plans. The easements shall be cleaned up after use and restored to their original conditions or better. In the event additional workroom or access is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission 'OZI pue 811 uzalz suotl.eoToodS pnpuejs iuom) LdaQ gmAA, otlgnd glIoAk fol gl.tm aouepi000e u1 ouop ag Iltm pa.zlnbaz 2utgolnuz olpSq to fulPpos �uv :JNIQQOS (INV JNIGaaS HO IIIW OUGAH LS-(I •u01100s stgj pue X1t0 oqj jo saoueutplo oqj gJtm oouepj000e ut sleuajeuz eons Io asodsip pie asuadxa s;t it, Ituo;tuz Ilg/I?ods aqj anouzaz imus 1010e4uo0 `gioAk otlgnd pue uogR:podsuezL Io .zoloaztQ oqj Sq uogtotjjllou uodn `ails IesodslP agl autnwdde iojv4smTTupV oqj uto4 nuol L zo iluuod IIg e }nogjtm ails U Te leuaTeuz i UMOds Io sosodstp ioloe4wo oql JUgj Juana aqj ul asuadxa ,sjojo,-quoo Ie ag Ileus `salPnjs nuuaaut5ua ILtss000u Xue Dutpnlout `�luuad IIU agl futumlgo gjIm paletoosse sosuodxo SuV mreld poojl oqj uttmm Ilu �?utzt.zotRne Ituuad IIt3 uiUld pooi3 e Xg io ureld pooll umo" e ut jou sl oils oqj Iegj futltels joj-e-4slutiupV oqj Xg pouats .iopol u Xg paouaptna ag Ilugs salts lesodstp s.101oe4uoo ag} Io IenoiddV. -uteld poolr v ut jou on, sails lesodstp It poiinbai st_ l.tuuad IIg oN •satpnis 'Ouuaauffuo Xiess000u Io I'eAwdde uodn pansst ag ueo ltuuod ureld pooll V •Iluuod e jnogjtm ureld pooll e uigllm fuuzn000 jou st fuilltd lEg} omsuo of iol'ezl.stutuzpV aqj rig panoidde ag Isnuz soils lesodslp IIV (9S00I 'oX ooueutpz0) WOAA, liod jo XIt0 aqI Io aoueutpzO ureld poold oql jo sluouta.itnba.z oqj loom of.zol 4siunupV agl Xg poutuualap uaag aneg salts posodozd aqj I1jun leualem Bons Io osodslP jou IILgs ioloe4wo -ILualeut eons Io osodsip of spuajut .zojoe4uoo oqj azagm sails 11V Io uol;cool oqj Io `(,,.zol-eustiutupV„) IO ezlsmRUpv uteld poo13 s,gazoAk lto,I Io X41O oql se 'Outoe `s�lioA, le� otlgnd pie uotzodsutuL jo joloattQ oql oslnpe IILgs colo 4mo oql `l molLmz 11g/hods Xue Io fuisodstp oqj o} loud Iivma,Lvw III3/11IOdS do IVSOdSIQ tis-Q •aoud ptg aql Io Ituul oql of papuaixo ag)eui looF61d agl `omomouoo s,zojm, uo0 oqj pine uotldo s,,110 oqj IL, `pound Xep mpuop3o 081 agl Io puo oql it, aoud ptg agl Io mull oqj uegj ssol st l.oe4uo0 stgl iopun pauuolzad 4.iom oqj jo Isoo agl.II -uotleutuual Io mp 1egj.zaje paILep uotlnooxo joj zap.zo 31iom Xue id000e of pojinba.z ag jou Ilam Ing uoljeutuual Io alep wqi of .loud pansst tapio 31zorn t, Xg pa.zanoo 31zom t�UP ajaldum ol paztnbat ag iiegs .zojo84uo0 aq j •lsztg In000 pinogs zanagoigm `aoud ptg o-qj jo haul oql paaoxa of lou ioe4uo0 atP Io alep oqj futmollo.I seep mpualeo 081 paaoxa ol lou ioj jn4uo0 s1gj iopun pauuoj.Iad ag of 4jom ioj zol.oe4wo oqj of pansst ag Iltm szap.z0 �IzoAA, jegj palelduzaluoo st 1I IXa 'OSIW ZOV21,LN00 30 93I l St-(I •pouuoj.iad sotltlumb 1wpov pine umogs satlliuenb polmr!1so o-qj uaamlag sumU-Bn aqj uo 11uttl ou ag of si azagl e. `zanoa.IOW •(£-1,-{,0 pine Z'Z-ZD suotltpuo0 le.zauag ooS) saplluenb Ienioe aql Ioallaz jou keut pie XIuo uosuedutoo ptg zoj on, Iesodoij o-qj ut suzall snou-BA otp Io sopliuenb P1g ,LXa 'OSIW S9I111NVI1 QIR £t-(I •uzall stgl ioj pomolIt, ag Illm juatu�ed 1-cumppu oN -paimbai S-ltado.zd lieuotltppe Io osn agj ioj panlonut s.zaumo f4jodo.zd oLD uzozl If in the opinion of the Engineer, additional seeding and/or sodding is required due to the Contractor's construction, this will be seeded and sodded at the expense of the Contractor. Payment for work and all associated appurtenants required, shall be included in the appropriate bid item(s). D-71 CLEAN-UP: Final clean up work shall be done for this project as soon as the paving and curb and gutter has been constructed. Contractor shall remove all excess cold mix, washed rock and debris from the street in the area of the repair. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. Refer also to Page C5-5 (8) Section C5-5.17 Clean Up of Part C General Conditions. D-79 CURB ON CONCRETE PAVEMENT: Standard Specification Item 502 shall apply except as herein modified. INTEGRAL CURB: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty (30) minutes after the concrete in the slab. SUPERIMPOSED CURB: Concrete shall have a minimum compressive strength of three thousand (3,000) pounds per square inch at twenty-eight (28) days. The quantity of mixing water shall not exceed seven (7) U.S. gallons per sack (94 lbs.) of Portland Cement. The slump of the concrete shall not exceed three (3) inches. A minimum cement content of five (5) sacks of cement per cubic yard of concrete is required. PAYMENT: Payment shall be made for cutting and replacing curbs and gutters required in this Project under the appropriate bid item and shall be in compliance with Public Works Department standard requirement Item 502. D-82 INSURANCE: Within ten (10) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury - $250,000 each person, $500,000 each occurrence; Property Damage - $300,000 each occurrence). The City reserves the right to request any other Insurance coverage as may be required by each individual project. D-86 WORKER'S COMPENSATION INSURANCE: A. Contractor's Worker's Compensation Insurance. Contractor agrees to provide the Owner (City) a certificate showing that it has obtained a policy of worker's compensation insurance covering each of its employees employed on •iopziuoo aqi popzpm-eDutaq of loud XitD aui of app.zanoo Jo aiporJiizao p apinozd isnui i0imiluoD auZ £ •ioofozd aui jo uotipznp aui ioj `ioafozd aui uo saoinzas fuiptnozd iojoL'4uoo agi,io sooXoiduio lit, zoi (tt)i 10.1ot uotiooS `opoo iogp-1 spxo L jo siuoutazmbaz Xioinims aui siaaui uotum `sivautaazap a.5pzanoo yup jo futiij pup siunouzu iio.L -ed pie sapoo uotipotUlmlo jo futizodaz zadazd uo pospq `alopzanoo apinozd iipus zoiou4uoo oqi •Z •siaiioi aigpizodjo Kzaniiap pine `sauantiap Xiddns aoUJo `szopuan aApzanaqipooJ su uons `ioofozd all of paipiazun sautntiop opnioui jou scop ,sooinzas, •ioofozd p of paipiaz ootnzas zauio io `uotipizodsupzi `zogpi futpinozd zo `sipuaipuz io iuouidinbo fuuaAtiap zo `futinpu `5uipinozd `umipiiuui inouitm opnioui ,sootnzaS,, •ioafozd aui uo saornzas apinozd of suosiod sogsruznj uoium ,Siiiuo Xup jo sooXoiduio `szoipzado-zaumo `szaumo zoioui `satupduioo Duispai `szoiopziuoogns `szoiopziuoo ivapuadapur `uotipiiuzri inouitm `papnioui stgj •sooXoiduma suq uosiod ipui zauiaum jo ssaipm,o., pine zojopziuoo aui uiim Xpoouip paiopziuoo uoszad ipui zaipaum jo ssaipzpaaz `ioofozd aip uo uuojzad of fuMapopun spu iojop4uoo aui saotnzas aui jo izpd zo iip Auiuuojzad saiitiuo zo suoszad iip sapniout - (960.90p uotioaS opoo zogpZ spxo L ut «zolop4uoogns„) ioofozd aui uo sootnzas 2uiptnazd suoszad •Xi?D aui Xq paid000p pup paiaiduzoo uaaq seq ioofozd aui uo xzom s,uoszad/s,zoio-e4uoo aui itiun ioafozd aui uo xzom aui Jo Dutuutaaq au uro4 ouill aui sapniout - ioofozd aui jo uofliema •ioolozd aip jo uotipznp aui zoj `loo fold p uo sootnzas Dutpinozd saaXoiduza s,fiiiuo zo suosiod zoJ aaplaAoo aoupznsur uotipsuoduzoo s,zaxzom �zoinipis f?utmous `(i,8-ODMJ, zo `£8'DDtY1I `Z8'DOr1c1L `i8';Do111L) ivauiaaz`op aapzaAoo p zo `uorssr=O:) uoiipsuoduioD ,siogiorn suxo j aui Xq ponssi aznsui-jigs of Aiuogimp jo aipogtizao L, ooueinsm jo olLmUtizao p jo fidoo y («aipot�tizao„) a2pzanoo •jo aipogiizao :suotituuo(j •i •aJ3pzano'j oouuznsul uotipsuoduzoD s,zaxzorn •D -ioump aui of soluoUlVoo uons 1113 jo Xdoo p apinoid ileus iojopz4uoD •pazinbou uaaq spit aipogilloo uons itiun ioofozd aui uo uzom uuojzad of zoiopziuoogns Xuie irmod jou llim zoiopziuoD •ioofond aui uo aa,�olduio uopa i?uuanoo aoupznsut uotipsuodwoo s joajiom jo Koilod p seq .ioiopziuoogns aui ipui 2uiWjs zoio-e4uoogns uons uioij aipoptizao p iI of apinozd of ioolaid aui uo xzom uuojzad lltm oum zoiopziuoogns KIaAa pup uopa azinbaz of sow2v zoiopziuoo aoupznsui uotpsuadro� s� xs,zoiopzuoogns gm •uoiioos srgi uitm poiiduioo spu zoiopziuoD aui i?iun ponssi oq lllm paaoozd of oopoN oN •mel oipis uitm oouptldmoo ui ioafozd aui 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing the coverage has been extended. 5. The contractor shall obtain from each person providing services on a project, and provide to the City: (a) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by Texas Worker's Compensation Commission, informing all persons providing services on the projects that they are required to be covered and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage,based on proper reporting on the classification codes and payroll amounts and filling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor. prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor. prior to the end of the coverage period a new certificate jogjo jo joV uoTTesuodwo; sixilorn sexo L auj Xq posoduTT sjuauzannbaz Duijsod zaujo 4siTes IOU saop 3011ou sTTl1 -Q ezanoo apTnold of a-inlltj 1-zodoi puL, aDe.zanoo Iua.T.Tno XjT.Tan XeuT uosiad u mou DuT}ejs pine `pazanoo oq ol ponnbol alE Xauj Imp loofold auj uo sooTnzas DuTptno.id suoslod Ije Dutuuojui ails loofold uvea uo oopou u }sod jj'eus lojot4wo au.L aD1e10noD uoplasuodwoo s,lo�jzorn polinbo21 jo Dutlsod •Q •tC410 auk woo uo oiq jo oopou jo idl000l iaUu seep ual ujTjm uo oiq auj �powoj jou saop Jolo'JIUoo Qqj Jt pion J0t4uo0 auj azejoap 01 X41D auk SOIII ua uotum lojoel uoo au;Xq pLuTuoo jo uotojq e si suoisinozd osauj jo X-ue gjIm Xjdwoo of ojnjrej s,-Ioj0e.I;uo0 auZ •i I •suoTIoe IIA1010gjO.To soliltmod ITnTo `soll[euod Ieutuzuo `solileuod anT�Ex�sTUTTup7a of �o�o�- uoo o joafgns XeuT uoiTeuziojui DuipeajsTUT .io oslej Duiptnold •uoT�elnDa-j aouLe.Insuj-JIaS Jo uoTSTniQ syoissTuiwoo uoptsuodwoD sza}jioAk stxol au} uJtm `po.znsul-jlos u Jo asto QLP uT `zo lowuo oouainsuT ajeudo•Tddte auj Tljim po[Ij oq Ijim sjuaT.UoQJ&' aDt'zanoo 11P It,up pine `sjunouze jjo.T,�ud pue sopoo uoptlogIss-ejo jo Duillodaz lodozd auu uo paseq oq jjtm aDezanoo auk Iain `loofold auk jo uoijainp au1 IOJ aDe.zanoo uoTIesuodwoo s,loa jzom Xq pa.zanoo aq Illm loofold a-ql uo sa0TA3as apznozd Ilam oum .1oT3e4uo0 oqj jo saa,�ojdwo Ij-e Itgj f4TD aul of DuTluosazdol ST zojoezluoo auj `aDe.Ianoo �o 01'eoU11-100 e PaPTnozd aq of Duisneo.zo Duipinozd Io�oezluoo siTl�Duniofs �g •01 •saoTtlhIas Dutptnozd olt, Xauj woum ioj uoszad auj 01 papTnold oq of a51e.zano0 Jo sajeoLjjjoo aul ullm (e) sudL.TDuzed �q pallnba•T se uuojiod of `slo two 11 woum Lplm uosj;)d uoeo omnbaz Xjjenjoe.uuoo (D) pue `.loofold auk uo sooinzas Ouipuozd uoslod Xue jo 02MOn00 Jo uoTsinoid auj sloogt, xiit,uajieLu Itgj ofu qo Xue jo `umoml anew pjnous io mo" uoszad auj zaije sfiep 0 j UMlIm `XIanTlap Ieuos.zad.zo jteuz poglt oo ,�q Durum uT STD au1411ou (.I) -101juazauI zeal QUO.10i pine}oafold jo uogump ioj ajjj uo QfU.zanoo JO saJLOTgj�100 pa.nnba.z 1172 UIL3101 (a) :joaCozd aTlj jo uoilemp auk Duunp spua QfRIQnoo Jo 0jV0gtjza0 juo mo auj uo umous pouad ofulanoo auj jt `pouad 3fU.z3no0 auj Jo pua auk of joud `aDe.zanoo jo uoisuaixo DuTmous aDezanoo Jo 31LIOgt1.100 mau U (Z) pine `loafozd aul uo DuTuuTDaq uos.zad.Taub aul of zoud`aDezanoo Jo al lOgl:Tao t, (j) :1010'elluo0 auj 01 aptnold pine `sloe.4wo 11 gjIm uoslad to leo uoea uzo4 T-elgo (p) `.�oafozd au��o uotItemp aTl� Duunp spua aDezanoo Jo QJVOIJI�POO jua.rmo auj uo umous pouad aDe.zanoo auj JI `aDezanoo Jo uotsuajxa auj DuTmous aDe.10n00 Jo Texas Workers' Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 10 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. D-101 TESTING: a. The Contractor shall furnish, at his own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. b. Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement, and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. c. Quality control testing of in-place material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of his responsibility to furnish materials and equipment conforming to the requirements of the contract. d. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested, and any work effort involved is deemed to be included in the unit price for the item being tested. X217 � ':'J JU• V�tip �LSyo ;uopuo;uuadns oq; loutmezpq;im o; zoud zaumO oq; Sq panozdde aq llegs pue ;uopuo;uuodns oq; jo ;uautanldaz zoj opeuz si ;sonbaz 7a uogm poulutgns oq Ilegs ;uauuooeldaz posodozd L, jo suot;eoutivnb `soouv;suunorto tiueuipio uIxo zapun ;dooxo zaumO oq; utog ;uosuoo pue o; oogou ua;Ium Inogltm poonldaz oq jou IIeLIs `algeld000e oq o;punoj jt `;uopua;uuadns Iuoplsaz siq L •;oez;uoo jo pmm e o; ioud zaumO aq; o; poliltugns oq llegs s;oafozd.zeltuuts uuog saouazajaz se Ilam se `;uopuo;uuadns luoplsaz posodozd oql jo pzooaz oououodxo pue suot;eoutlenb oql louilstl autnsaz V •�Izom aq;jo ssazloozd aq; louunp SOWT4 IIE ;v o;is loofozd oq; Iu ;uopuo;uuadns Iuoptsaz ;uo;oduuoo L, daa:l IIL'gs IoloezluoD oqL :S.LXHGX9lNRI9df1S IDHfO2Id 901-Q •uuojzad os o;aznlrej s,zo;oui;uoO a p utozj lout;lnsau satllLmod due uto4 X1I0 oq; ssoluueq ones put, �Jtumopul o; pule suntWInloaz VHSO q;im oouepz000e ut pa;onz;suoo st loofozd oqI Itq; aas of fItltgisuodsaz s,zoloez;uoD aq; st II •zapunazaq; sat;tltgisuodsaz oq; iI-e uuojzad of pue zalsifoX Iezapa3 oq; ut -THSO aqI Xq pogstlgnd suot;elnloaz aq; Jo suoistnozd all q;im mi lami autooaq o; zo;oez;uoD oq; jo XItligisuodsaz oq; st II WHSO) uol;ez;siutuupV LIIIPaH PuL' X40PS leuot;ednooO oq;jo sluaumztnbaz oql laauu llegs ;oez;uoo sill; iopun pouuojzad Atom IIV :SCFdVGNV.LS VHSO t,01-Q •Iesodozd pig all;ut po;ou os epuoppE jo uot;tul000az a;eudozdde Ll;tm sptq jo Qoutuodo all;jo sznoq tZ of zoud `;uouulzmdaQ zal'eAA,gporn Izo j all;�q pansst epuoppe ue apnlout of su po;onzlsuoo os oq ;snuu zapplq alp �q poj; uWgns se Iesodozd pig oq j •.zapptg anuoodsozd go-eo o; pazantlap oq zo pollen oq Illm pansst epuoppe f,u V •szapplq lle o; lugs oq Xeui utnpuoppe uallum U 113q; zapzo ut `saotnzaS louuaautloug ;uounpudaQ zo;ern q�toM uo j aq; Xjtlou oouo ;u pinogs zapplq all; `loutu oui ztagl o; se ;gnop ut oq zapplq all; pinogs zo `s;uautnoo(I ;oLezluoa oq; `uiog suotsstuzo zo `ut satouedazosip putt zapptg e pinogSloutpulq zo Ietoujo pazaplsuoo aq Illm uotle;azdza;ut zo uot;eueldxo zaq;o oN •s;uoumooQ Iou4uoa oq; jo :ted L, opum put, punoq oq Iltm s;sonbaz Bons Ile o; szamsuy •loutuado piq o;zoud sznoq 96 ;seal le `saotnzaS 10 00 ;uouLlztedaQ zo;utic1 Ll;zoAA, Izo3 all; o; lout;um ut ;sonbaz ztaq; xIeuu ;snw s;uoumoop ;oez;uoo oql jo not;Uouuelo zo uot;elazdza;ut `uot;euuojut iog4nj lout;uem szapplg :Vaxaa(ly 01-Q •)Izom Xzetpisgns jo fzoloa;eo all;ut IIn.I goigm `3Izom jo suua;t lezaualo are dnuealo pule uozlezo;sou oo jmS -utalt piq goeo zoj Iesodozd oq; ut piq ootid Oq; ut popnlout oq Ilugs gotgm jo ;soo oql `�Izom jo uta;t faetptsgns 7a se pazaptsuoo oq Iltgs `I-esodozd oq; ut zoj papinozd uaaq svq piq zoj uta;t outoods ou gotgm ui `s;uoumoo(I ;oezluoO letoodS osoq; zo s;uaumooQ ;ov.4uo0 Iezauoo oq; `sueld Xq posoduut suot;lpuoo se Bons `;oafozd oTI; zoj s;uautazmbaz Xnluoumoop Xq pauzanolo Xgotgtoods Azom Ile pine Xuv = Ot1c1 ,&X (IISgf1S ZOI-C •Retia;euu iI?I oLl;loutxlddns Itd all;jo auueu aLI; Xjtoods Ilegs ;a�ioq oql •alts qof all; o;pazanilap Ieua;eui IIu jo peol Llovo zoj ;wIot; du; all jo Xdoo -c apinozd IIPLIs zo;oe4uo:) oql •o During the construction of the project, the resident superintendent shall demonstrate an ability to properly execute the work outlined in the contract documents in a timely manner and shall consistently produce work of an acceptable quality and in accordance with the contract documents. If the Owner shall have a reasonable objection to the performance of the resident superintendent, the Contractor shall replace the resident superintendent upon written notice from the Owner. The resident superintendent is to be replaced with a superintendent acceptable to the Owner. No extension of time will be allowed for delays caused by the replacement of a resident representative. D-106 RESIDENT ENGINEER: The General Conditions, Section C1-1.19 ENGINEER, define various persons who may be designated as the Engineer. For the prosecution of this contract, the Term Engineer shall mean the Resident Engineer as designated by the Director of the Fort Worth Water Department together with members of the staff of the Engineer who are assigned to the Project. Any contacts the contractor may wish to make with any City personnel, including the Water Production Supervisor, members of the plant operating staff, members of the City Administration, or Consulting Engineers, shall be arranged through the Engineer. The Contractor shall not act upon requests or instructions he may receive from any City personnel or Consulting Engineers nor shall he give instructions or directions to such persons without the approval or consent of the Engineer. D-107 PROGRESS PHOTOGRAPHS: The Contractor shall take photographs of the project site prior to construction, monthly during construction of the project and after completion of the project. Photographs may be taken with a quality 35mm or better camera, equipped to photograph either interior or exterior exposures, with lenses ranging from wide angle to 135mm. Photographs shall be taken at locations as designated by the Engineer. Contractor shall videotape all roads and work areas to be affected prior to starting construction and furnish a copy of the videotape to the Engineer. Two glossy color 3" x 5" prints and the negative shall be provided for each photograph taken. Each print shall be marked on the reserve side to indicate project name, date and time, location, direction of exposure, and description of what is being photographed. Prints shall be clear and sharp with proper exposure. If prints of adequate quality are not produced from exposures, additional photographs shall be taken. D-108 TERMINATION: It is understood and agreed that this contract may be terminated by the City without obligation to the Contractor, in whole or from time to time in part, whenever such termination is determined by the City to be in the best interests of the City. Termination may be effected by delivering to the Contractor or his designated representative a notice of termination, specifying to what extent performance of the work under the contract is being terminated and the effective date of termination. After receipt of notice of termination Contractor shall: •uoiloas sigl put,A,lr:) agI jo saaueutp.z0 agl gljm oout,pi000t, ui slt,ualt,uz Bons jo osodsjp put, asuadxa sJj Jt, It,ualt,Lu IIl/Ilods agI OnouzaI Ilt,gs ioloziluoo agl `s3liorn oilgnd put, uoilt4zodsut"11 Jo .ioloa.T(I agJ �g uojJt,ogjlou uodn `alts It,sodsjp agl fuiAwddt, zolu,4siuRUPV agl uzo.z•I .zallal L, io Jjuuad IIU t, Inogllm alts v It, It,ualum llg/Bods jo sosodsip.10l0t,_1luoo agI Juana agI UI •asuadxa s jolou4mo agl Jt, ag Ilt,gs `sarpr4s .2uuaauiDuo�xess000u Rut,auipnlout `ljuziod IIU agI .2ujujt,lgo gljm polt,ioosst, sasuadxa XuV •uit,ld pooh agI ujgljm II3 DuizuoLllne Iluuad IIj3 uiUld PooI3 t, Xg jo uield pooh umou}I t, uj lou si alis agl 2uilt,ls .zolt,zlsraimpy all Xg pouajs npol t, Xq paouapina ag Ilt,gs salts It,sodsip s,iolouiluoo agI Jo It,noiddV •ureld pooh e ui Iou apt, salts It,sodsjp jj pOlinba.I si liuuod IIg oN •saipnls auuaaui�ua �t,ssaoau�o It,noiddt, uodn ponssj ag ueo Ijuuod umId pooU V •ljuuad t,lnogljm uield pooh t, ujilljm 2uiun000 Iou si DuTIIg It,LIJ ainsuo of iolt,.4sjujuipy agl Xg pano.zddt, ag lsnuz sails It,sodsjp iii' '(MOI ON aout,uipz0) gliorn UOJ Jo X411 agl Jo aoueujp10 ujt,id PooI3 agl jo sluouiojinbaz agl loam of sole.1lsjujiupV agl Xg pouiuualap uaag ant,g sails posodozd agl Ijlun It,ualmi Bons jo osodsip jou Ilt,gs iolo-miuoD •It,ualeui Bons jo osodsjp of spuolui iolotuluoo agJ ajagm sails IIt,jo uoilt,00l agl jo `(,,.iolt,zlsiuiLupV„) iol'e.4sTuluxpV uit,id Poold s,glzoAk :po j jo ,41D agI st, 2mlot, `sAioAA, oilgnd put, uojlelzodsut,.1Z jo ioloouG agI osinpt, Ilt,gs iojot,zluoo agl `It,ualeur 119/liods Rut, uo Duisodsip of ioud :'I`dMHIVW'I'IId QNV'IIOdS •011-Q •suorsino.id It,uoilnljlsuoD put, solnit,ls olt,lS algt,oilddt, zaglo put, opo0 posiAOd SIMI `6I-ZSZ9 aiojliV uj pagsilgt,lso lt,gl of poljuzjl Og Iit,gs XIjljgt,il [Slid agI lt,gl `zanamog `papinozd `oout,lsgns orxol io snopjtzt,g Xut, of `asimUaglo io painful YSl odwd jo uosiod agl of zaglagm `osimuaglo .io pomfuj XI-iodozd jo uoszad agl of ioglagm `omsodxa io `jo ost,ala-i jo oouosaid Ogl of onp `posnt,o ianarnog `auzjl Rut, Jt, `Xliijgt,jl Sliodord `glt,ap aujpnloui `,Smfui It,uosiod uioij Dulllnsoi f-ljijgt,jl IIt, Put, Xut, `ol paljuzil lou ing `2ujpnloui `zojOe4uo:) agl jo Iozluoo IoO.zip agl zapun jou o.zt, gojgm ails snum0 agJ It, sleualt,ui agl jo osn jo Ino aujsut, `sasuadxa put, saat,ump `lsoo `sassol `sajliljqull IIt, Put, Xut, Isuit,ft,put, U104 jolou4mD agl ssoluueg PIoLi put, 4jumopul Ilt,gs iaum0 agl `mt,I �g pallluuod st, jujosul :S'IVMaIVW DIXO L QNV SIlOGdVZVH '601-Q •uoilt,uiuuaZ jo oogoN agI Xg polt,uiuzial�jiom agl jo ooueuuojzad agI of olt,iai Xogl Jt,gl lualxa agJ of slot,.4wo put, s.zap.zo IIt, alt,u luuol £ •Xt,m.upun ,Sge jt,:I.iom alaldmoo of Xnss000u st,ldooxo lou4uoogns zo iopio zaglmj ou aot,id 'Z •uojlt,ujLuzal Jo Ooilou agl ui paujoods lualxa agl of pue alt,p agI uo aojlou agl ul paujoods Tom dolS -1 D-111 AGE: In accordance with the policy "(Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plant or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. D-112 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to comply with the above-referenced law concerning disability discrimination in the performance of this agreement. D-113 INDEMNIFICATION: To clarify Section C6-6.12 of the General Conditions of the Contract, it is the intent of the Owner that the Contractor indemnify, hold harmless and defend the Owner, and the Owner's officers, agents, servants, and employees from and against any and all claims as listed herein, even though causes by the Owner's sole negligence. With respect to the last sentence of the first paragraph of Section C6-6.12, it is the Owner's intent that the language be site specific to the general area where the work to be performed under the Contract is being performed. 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Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. . The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. CITY OF FORT WORTH BUILDING & CONSTRUCTION TRADE PREVAILING WAGE RATES FOR 2000 HOURLY HOURLY CLASSIFICATION RATE CLASSIFICATION RATE AIR CONDITIONING MECHANIC $15.98 LABORER-COMMON $7.85 AIR CONDITIONING MECHANIC $10.75 LABORER-SKILLED $10.35 HELPER LATHER $14.00 ACOUSTIC CEILING INSTALLER $14.02 LATHER HELPER $11.00 ACOUSTIC CEILING INSTALLER $10.88 METAL BUILDING ASSEMBLER $10.00 HELPER METAL BLDG ASSEMBLER HELPER $8.70 ASBESTOS WORKER $10.50 PAINTER $12.83 BRICKLAYER/STONE MASON $17.21 PAINTER HELPER $8.35 BRICKLAYER/STONE MASON $10.16 PIPEFITTER $17.60 HELPER PIPEFITTER HELPER $10.18 CARPENTER $13.92 PLASTERER $16.00 CARPENTER HELPER $10.38 PLASTERER HELPER $11.00 CONCRETE FINISHER $12.68 PLUMBER $16.91 CONCRETE FINISHER HELPER $9.73 PLUMBER HELPER $9.75 CONCRETE FORM BUILDER $11.97 REINFORCING STEEL SETTER $10.40 CONCRETE FORM BUILDER HELPER $9.42 ROOFER $11.87 DRYWALL TAPER $11.33 ROOFER HELPER $8.33 n" DRYWALL TAPER HELPER $8.00 SHEET METAL WORKER $14.45 ELECTRICIAN JOURNEYMAN $17.46 SHEET METAL WORKER HELPER $9.57 ELECTRICIAN HELPER $11.30 SHEETROCK HANGER $12.45 ELECTRONIC TECHNICIAN $12.50 SHEETROCK HANGER HELPER $9.64 ELECTRONIC TECHNICIAN HELPER $8.50 SPRINKLER SYSTEM INSTALLER $16.87 FLOOR LAYER(CARPET) $17.00 SPRINKLER SYSTEM INSTALLER $10.13 FLOOR LAYER(RESILIENT) $16.00 HELPER ^� FLOOR LAYER HELPER $13.50 STEEL WORKER STRUCTURAL $11.36 GLAZIER $15.02 STEEL WORKER STRUCTURAL $8.80 GLAZIER HELPER $10.90 HELPER INSULATOR $12.04 WELDER $14.70 INSULATOR HELPER $9.40 WELDER HELPER $11.74 HEAVY EQUIPMENT OPERATORS ^� CRANE,CLAMSHELL,BACKHOE, $12.50 FOUNDATION DRILL OPERATOR $13.00 DERRICK,DRAGLINE, SHOVEL FRONT END LOADER OPERATOR $11.22 FORKLIFT OPERATOR $9.63 TRUCK DRIVER $10.31 CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 HOURLY HOURLY CLASSIFICATION RATE CLASSIFICATION RATE ASPHALT RAKER $10.32 OPERATOR(Continued) ASPHALT SHOVELER $9.75 FRONT END LOADER(2-1/2 CY&Less) $9.94 BATCHING PLANT WEIGHER $9.65 FRONT END LOADER(Over 2-1/2 CY) $9.32 CARPENTER(ROUGH) $13.64 MILLING MACHINE $8.00 CONCRETE FINISHER-PAVING $10.16 MDCER $11.00 CONCRETE FINISHER-PAVING $9.70 MOTOR GRADER,FINE GRADE $12.31 HEPLER MOTOR GRADER,OTHER $13.75 CONCRETE FINISHER- $13.44 PAVEMENT MARKING MACHINE $11.00 STRUCTURES ROLLER, STEEL WHEEL PLANT- $9.88 FLAGGER $7.00 MIX PAVEMENTS FORM BUILDER-STRUCTURES $13.44 ROLLER, STEEL WHEEL,OTHER $12.12 FORM LINER-PAVING&CURB $10.25 FLATWHEEL OR TAMPING FORM SETTER-PAVING&CURB $9.24 TRAVELING MIXER $10.00 ° FORM SETTING-STRUCTURES $9.75 SETTER,REINFORCING STEEL, $9.75 LABORER-COMMON $7.64 TRUCK DRIVER LABORER-UTILITY $8.64 LOWBOY-FLOAT $10.54 �. MECHANIC $13.25 SINGLE AXLE.LIGHT $8.00 SEVICER $10.13 TANDEM AXLE SEMI-TRAILER $10.22 OPERATOR TRANSIT MIX $10.63 ASPHALT DISTRIBUTOR $11.45 WINCH $9.80 ASPHALT PAVING MACHINE $11.09 CONCRETE PAVING SAW $10.53 CRANE,CLAMSHELL, $10.00 BACKHOE,DERRICK, DRAGLINE,SHOVEL (< 1-1/2 CY) CRANE,CLAMSHELL, $11.52 BACKHOE,DERRICK, DRAGLINE,SHOVEL (> 1-1/2 CY) SECTION- E TECHNICAL SPECIFICATIONS Technical Specifications For the construction of: Civil work associated with Entrance Security Improvements at North Holly, South Holly, and Rolling Hills Water Treatment Plants Project No. PW164-060164050001 Prepared by: Chiang, Patel & Yerby, Inc. August, 2004 TECHNICAL SPECIFICATIONS TABLE OF CONTENTS DIVISION 1 GENERAL REQUIREMENTS 01010 Summary of Work 01200 Project Meetings 01300 Submittals 01310 Construction Schedule 01370 Schedule of Values 01410 Independent Testing Services 01720 Project Record Documents DIVISION 2 SITE WORK 02000 Mobilization 02200 Earthwork 02225 Flowable Fill 02505 Pavement DIVISION 3 CONCRETE 03100 Concrete Formwork 03200 Concrete Reinforcement 03250 Concrete Joints and Embedded Items 03300 Cast-in-Place Concrete 03450 Precast Traffic Barriers DIVISION 5 METALS 05500 Guardrails CFW0332 i ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES AUGUST 3,2004 ACE TABLE OF CONTENTS SECTION 01010 SUMMARY OF WORK PART1 GENERAL 1.01 SCOPE A. This section generally describes the project and provides an overview of the extent of the work to be performed. Detailed requirements and extent of work is stated in the applicable specification sections and is shown on the Drawings. The Contractor shall, except as otherwise specifically stated herein or in any applicable parts of these Contract Documents, provide and pay all labor, materials, equipment, tools, construction equipment, and other facilities and services necessary for proper execution, testing, and completion of the work as specified therein and shown on the Drawings. 1.02 CONTRACT DESCRIPTION A. It is the intent to award contract work for the construction of the civil work associated with entrance security improvements based on a fixed price lump sum proposal. 1.03 DESCRIPTION OF THE PROJECT A. The work covered by these Contract Documents comprises the construction of civil work associated with entrance security improvements of the City of Fort Worth North Holly, South Holly, and Rolling Hills Water Treatment Plants. The scope of work to be completed is defined by the specifications and drawings. In general terms, the work consists of furnishing all labor, materials, equipment, tools, appurtenances, and related items as required to complete the work. B. Work by Contractor generally includes the following: 1. Final grading 2. All concrete and form work,jincluding anchorage for proposed buildings. 3. Asphalt pavement, traffic barriers, and striping pavement (alternative bid items). 4. Close coordination with Owner, Engineer and Contractors on other work to be performed simultaneously by the City and others at the site. 5. Close coordination with Owner and Engineer on City inspections. C. Owner to perform the following work: 1. Demolition and rough grading 2. Traffic control 3. Electrical 4. Plumbing (water and sewer) 5. Obtain building permits and call for inspections 6. Set proposed guard station buildingy 7. Rough-in work for gates and equipment 8. Establish benchmarks and set construction lines , 1.04 DEFINITIONS A. Owner: City of Fort Worth, Texas B. Owner's Representative: An authorized representative of Owner assigned to make detailed supervision of any or all portions of the Work included in the Contract and performed by the Contractor. Owner's Representative will assume all duties and CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES Sep.2,04 ACE 01010 - 1 SUMMARY OF WORK responsibilities and have all rights and authority assigned to the Owner's Representative in the Contract Documents in connection with the completion of the work in accordance with Contract Document. C. Engineer's Representative: An authorized representative of Engineer assigned to assist the Owner's Representative make detailed supervision of any or all portions of the Work included in the Contract and performed by the Contractor. Engineer's Representative will assume all duties and responsibilities and have all rights and authority assigned to the Engineer's Representative in the Contract Documents in connection with the completion of the work in accordance with Contract Document. 1.05 CONTRACTS A. The work of this project will be executed in a single contract with multiple phases. Construction at each entrance is considered a separate construction phase. B. The Contractor shall thoroughly familiarize himself with all of the Contract Documents in order to fully understand the extent of this work and be aware of any "cross references". The delineation noted between the various sections of the Specifications and contracts are for a general overview of the work. The work to be executed is not necessarily limited to those descriptions. C. For Instructions to Bidders and Award and execution of contract information, refer to Items 2 and 3 of the City of Fort Worth Standard Specifications. 1.06 WORK SEQUENCE A. Construct work in stages to accommodate the Owner's use of the premises during the construction period; coordinate the construction schedule and operations with the Owner's representative and as specified in Section 01310. B. For any additional demolition work required, the Contractor shall coordinate with the Owner. C. Contractor shall be flexible on the time period between completion of one entrance and starting the next entrance. Up to a maximum of 60 days shall be allowed in order for Owner and others to prepare the next site for use by Contractor. Owner will determine exact starting date and issue separate work orders for each entrance site. 1.07 QUALITY CONTROL A. The Contractor is responsible for quality control throughout the project. B. All Contractor's operations shall be under the quality control of the Contractor's General Superintendent. The General Superintendent shall be experienced in all aspects of the project. The General Superintendent's experience and diligence will be the key to maintain proper quality control during the project. C. Dimensions and elevations indicated on the drawings for existing facilities were obtained by the Owner solely for use as reference by the Engineer in establishing design criteria for this project. The accuracy of the information is not guaranteed, and it is not to be construed as part of the project specifications governing construction of the project. Neither the Owner, the Engineer, nor the Owner's and/or Engineer's Representative accept any responsibility for any deviation in dimensions and/or elevations shown on the drawings. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES Sep.2,04 ACE 01010 - 2 SUMMARY OF WORK D. Daily records for quality control purposes shall be maintained for all aspects of the work and all tests performed throughout construction. E. One (1) copy of daily records and all tests performed shall be maintained by the Contractor, with one (1) copy given to the Engineer and two (2) copies to the Owner. F. The Contractor shall keep all records of the work available for the Engineer or the Owner at any time. G. A specific plan and a checklist shall be made between the Contractor, the Engineer, and the Owner for observation and inspection to assure that all work requirements have been met. 1.08 CONTRACTOR'S DUTIES AND RESPONSIBILITIES A. Designate required delivery data for each product as specified in Section 01310. B. Serve as an overall coordinator among all subcontractors. C. Handle material and equipment at site including uncrating, storage, and security. D. Protect Owner's operations and facilities from being interrupted and damaged as a result of the Contractor's operations. E. Repair or replace items damaged as a result of the Contractor's operations. F. Assume full responsibility for executing all work required by this Contract. G. Fully understand and fulfill his duties and responsibilities regarding coordination and cooperation with other contractors working on the project. H. Replace all temporary fencing necessary to secure the site before leaving each day. Owner will supply temporary fencing. I. Prepare record documents as specified in Section 01720. 1.09 CONTRACTOR'S USE OF PREMISES A. The temporary facilities shall be in accordance with Section 02000. B. Coordinate use of premises with the Owner's Representative. C. Assume full responsibility for the protection and safekeeping of products under this contract, which are stored at the site. D. Move any stored materials or products that interfere with operations of the Owner or ` other contractors. E. The contractor shall restore all surrounding properties to their original condition. 1.10 OWNER OCCUPANCY A. Owner will occupy the premises during the entire period of construction for the conduct of his normal operations. Cooperate with Owner's Representative in all construction operations to minimize conflict and to facilitate Owner's usage. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES Sep.2, 04 ACE 01010 - 3 SUMMARY OF WORK B. The facilities' sites on which the work is to be completed are operating facilities, which are critical components of the Owner's system. Except as specified in Section 01310, the Contractor shall conduct his work such that capacity of the Owner's facilities is not adversely impacted. 1.11 PERMITS A. The Owner shall obtain and pay for all building and trade permits relevant to Contractor's work. It is the Contractor's responsibility to closely coordinate with Owner for permitting and inspections. END OF SECTION CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES Sep.2, 04 ACE 01010 -4 SUMMARY OF WORK SECTION 01200 PROJECT MEETINGS PART1 GENERAL 1.01 PRE-CONSTRUCTION CONFERENCE A. A Pre-construction Conference shall be held at locations designated by Owner after award of Contract and prior to the start of construction activities for each site. Owner's Representative shall notify the Contractor as to the dates and times of the conferences one (1) week in advance of each proposed date. Owner's Representative, Engineer's Representative, Contractor's Project Manager and Project Superintendent, as well as Contractor's Subcontractor Representatives and major suppliers shall attend. B. Contractor shall be prepared to discuss the following items as a minimum: 1. Distribution and discussion of:. a. List of major subcontractors and suppliers b. Projected construction schedules 2. Construction Plan and Progress Schedule according to General Conditions 3. Liquidated damages 4. Major equipment deliveries and priorities 5. Project coordination: a. Designation of responsible personnel b. Communication plan 6. Procedures and processing of: a. Field decisions b. RFIs c. Proposal requests d. Submittals/Shop Drawings e. Change Orders f. Applications for Payment 7. Adequacy of distribution of Contract Documents 8. Procedures for maintaining record documents 9. Use of premises: a. Office, work, and storage areas b. Owner's requirements 10. Construction facilities, controls, and construction aids 11. Temporary utilities 12. Safety Plan according to General Conditions 13. Security procedures 14. Housekeeping procedures 15. Submittal schedule 16. Quality control 17. Planned outages 18. Laboratory testing 19. Factory and Field Testing C. The Owner shall preside at the conference, prepare the minutes of the meetings, and distribute copies to all participants who so request by fully completing the attendance form to be circulated at the beginning of each conference. 1.02 PROJECT MEETINGS A. The Owner shall conduct construction meetings involving: CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 01200 - 1 AUGUST 3,2004 ACE PROJECT MEETINGS 1. Contractor's Project Manager 2. Contractor's Project Superintendent 3. Owner's designated Representative(s) 4. Engineer's designated Representative(s) 5. Contractor's subcontractors and major manufacturers and/or suppliers as appropriate to the work in progress B. Conduct meetings every two weeks at the Contractor's project field office or location determined by Owner. C. The Owner's Representative shall take meeting minutes and submit copies of meeting minutes to participants and designated recipients identified at the Pre-construction Conferences. Corrections, additions, or deletions to the minutes shall be noted and addressed at the following meeting. D. The Owner's Representative shall schedule meetings for the most convenient time frame. E. The Contractor shall update record drawings, schedule of payments, and construction schedule prior to submittal of application for each progress payment. Contractor shall also have available at each meeting an updated list of record drawing notes and an updated progress schedule. F. Suggested Agenda: 1. Review work progress 2. Field observations, problems, and conflicts 3. Problems that impede construction schedules 4. Review off-site fabrication and delivery schedules 5. Corrective measures and procedures to regain projected schedules 6. Revisions to construction schedules 7. Plan progress schedules during succeeding work period 8. Coordination of schedules 9. Review submittal schedules; expedite as required 10. Maintenance of quality standards 11. Review proposed changes for effect on construction schedules and completion dates 12. Safety issues 13. Other business END OF SECTION CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 01200 - 2 AUGUST 3,2004 ACE PROJECT MEETINGS SECTION 01300 SUBMITTALS PART1 GENERAL 1.01 REQUIREMENTS A. Product Submittals and Shop Drawings: 1. Submit shop drawings, product data and samples for all equipment, material and products. 2. Shop drawings, product data, and samples are not considered a part of Contract Documents. 3. Review of shop drawings by the Engineer shall not relieve the Contractor of the responsibility from meeting all contract requirements as defined by the Contract Documents. 1.02 TYPES OF PRODUCT AND SHOP DRAWING SUBMITTAL DATA A. As applicable, the following types of data are required: 1. Fabrication, erection, or placement data including dimensioned drawings, lists, and schedules 2. Catalog sheets 3. Specification sheets 4. Certifications 5. Laboratory, shop or mill test reports 6. Basis of design and design calculations, test procedures and related information as required per various sections of these specifications 7. Anchor bolt layouts 8. Lifting device drawings 9. Experience and facilities brochures 10. Samples 11. Parts lists 12. Recommended normal wear and tear spare parts for one year of operation 13. Short and long term maintenance procedures 14. Shipping procedures and details of ocean container 15. Short and long term storage procedures 16. Operation and Maintenance manuals 17. Manufacturer's certification of proper installation 18. Warranties 19. Other submittals required to complete the Contract 1.03 INFORMATION TO BE INCLUDED IN PRODUCT SUBMITTALS AND SHOP DRAWINGS A. All data needed to determine the following items shall be submitted: 1. Compliance with specifications, including kind, type, size, arrangement, finishes, and operation of component materials, and devices. 2. Compliance with drawings, including dimensions, orientation, appearance, external connections and anchorages, installation clearances. 3. Specific purpose or design conditions, and adequacy to meet same weights, dynamic, loads, supports required, operating characteristics. 4. Coordination with other work, including items needed by this trade, but furnished by others, and information needed by others to perform their part. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 01300 - 1 AUGUST 3,2004 ACE SUBMITTALS 5. Exceptions to or deviations from specified requirements, if any, and reasons for same. Mark deviations in a separate color in submittals and specifically identify deviations in the shop drawing transmittal. 6. Delivery Date: a. This should be stated as a firm date of delivery, not measured from approval of drawings to date of shipping. For this purpose, a period longer than thirty (30) calendar days, exclusive of mailing days, may be taken for review and approval of the submittal by the Engineer after the submittal has been received by the Engineer. The Engineer does not assume responsibility for correctness or completeness of the data, however. b. The Contractor should ensure that proposed delivery dates will not cause delay or result in failure to complete the project on time. c. No extension of time or waiver of liquidated damages will be granted due to failure to deliver on time. 7. All submittal data shall be written in English unless specified in other sections. All dimensions and units shall be in accordance with the following table: Linear measures Feet Power Horsepower Weight Pounds Volumes U.S. Gallons Bolt Sizes Inches or fractions thereof Stresses Pounds per square inch Forces Pounds, kips PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 PREPARATION OF SUBMITTALS A. All documents and markings in the submittal shall be clearly legible. Documents considered not clearly legible by the Engineer shall be rejected. B. Shop Drawings: 1. Preparation by a qualified detailer is required. 2. Identify details by reference to sheet, detail numbers, and specification section, schedule or other identifying system as shown on the Contract Drawings. 3. Include all information required for submission. 4. Submit the number of copies, which is specified in paragraph 3.03. C. Product Data: 1. Modify the manufacturer's standard schematic drawings to delete or supplement information as applicable. 2. For manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations and other descriptive data: a. Clearly mark each copy to identify pertinent materials, products or models. b. Show dimensions and clearances required. CFW0332 ISSUE: 0 SECURITY IMPROVEMENTS AT ENTRANCES 01300 -2 AUGUST 3,2004 ACE SUBMITTALS c. Show performance characteristics and capacities. d. Show wiring diagrams and controls. 3. Include all information required for submission. D. Submission Requirements: 1. Accompany submittals with a transmittal letter in duplicate. 2. Include the following information for each submittal: a. Submittal number, date, and revision dates b. Project title and number c. The names, addresses, and phone numbers of: (i) Engineer (ii) Supplier (iii) Contractor d. Identification of product or material e. Relation to adjacent structure or materials f. Field dimensions clearly identified as such g. Specification section number h. Applicable standards, such as ASTM Number or Federal Specification i. A blank space on each shop drawing, approximately 5" x 5", for the Engineer's stamp j. Identification of deviations from Contract Documents k. Contractor's stamp, complete with his signature, certifying that he has reviewed the submittal, verified field measurements and that the submittal complies with all requirements of the Contract Documents I. List of each deviation from Contract Documents and a discussion of the reason for each m. List of each deviation from applicable codes and standards and a discussion of the reason for each 3. Submit all required shop drawings, product data and samples for each item of work at one time. Suitably organize and index 8-1/2" x 11", 11" x 17" and other compatibly sized materials in a 3-ring binder. Larger shop drawings may be submitted together either rolled or folded. Include an index. 4. Lists and discussions of deviations from Contract Documents, applicable codes, and/or standards shall be placed together in a clearly labeled section called "Deviations". If no deviations are requested, the "Deviations" section shall state that no deviations are included in the submittal. 5. In addition to the paper copies, Contractor shall submit information in Adobe PDF format. Contractor shall submit this information on two CDs. 3.02 ROUTING OF SUBMITTALS A. Submittal data and routine correspondence shall be routed as follows: 1. Supplier (or subcontractor) to Contractor (through representative if applicable) for review process 2. Contractor to Owner's Representative 3. Owner's Representative to Engineer for review and approval or comment 4. Engineer to Contractor 5. Contractor to Owner's Representative 6. Contractor to Supplier (or subcontractor) 3.03 NUMBER OF COPIES REQUIRED A. The Supplier shall submit all of the required number of copies in the original submittal. The number of copies required is: CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 01300 - 3 AUGUST 3,2004 ACE SUBMITTALS Contractor 2 Engineer's File 2 Supplier's Copy 1 Owner's Copies 3 Electronic Version on CD 2 Total (Minimum) 10 B. All copies shall be submitted to the Owner's Representative to be distributed as necessary. 3.04 DISPOSITION OF SUBMITTALS A. The Engineer will first review the submittal contents for completeness and compliance with this section. Partial or incomplete submittals or submittals made not in accordance with the requirements of this section will be returned without any further review. B. After review, the Engineer shall mark each item with one of the following: 1. No exceptions taken —furnish item as submitted. 2. Make corrections—furnish item with changes as noted. 3. Amend and Resubmit— revise and resubmit to incorporate Engineer's comments. 4. Rejected — item is not acceptable, resubmit alternative item conforming to the project requirements. C. Owner's Representative will distribute reviewed copies as noted in paragraph 3.03. 3.05 RESUBMISSION REQUIREMENTS A. Shop Drawings: 1. Revise initial drawings as required and resubmit as specified for initial submittal. 2. Indicate on drawings any changes, which have been made, including those requested by the Engineer. B. Product Data and Samples: Submit new data and samples as required for initial submission. 3.06 REPETITIVE REVIEW A. Submittals for each item will be reviewed not more than two times at the Engineer's expense. All subsequent reviews will be performed at times convenient to the Engineer and at no additional expense to the Owner. The Contractor shall pay the Engineer based on the Engineer's then prevailing rates. B. The need for more than one resubmission or any other delay in obtaining Engineer's review of submittals, will not entitle the Contractor to an extension of Contract Time. 3.07 ENGINEER DUTIES A. The submittal schedule shall allow sufficient time for the Engineer to adequately complete his review. A minimum of seven (7) calendar days exclusive of mailing days CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 01300 -4 AUGUST 3,2004 ACE SUBMITTALS shall be allotted for the review of each submittal. Allow more time for large, voluminous, or complex submittals. The Contractor assumes all responsibility for delays due to incomplete or incorrect submission. B. Affix stamp and signature, and indicate results of his review as specified in paragraph 3.04. Review of submittals shall not constitute approval of any deviation from the requirements of these specifications and drawings, unless those deviations are clearly noted on the submittal as specified in Paragraph 3.01. C. Return submittals to Owner's Representative for distribution to the Contractor and Owner. END OF SECTION CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 01300 - 5 AUGUST 3,2004 ACE SUBMITTALS SECTION 01310 CONSTRUCTION SCHEDULE PART1 GENERAL 1.01 SCOPE A. Prepare and submit a construction schedule for each entrance site that reflects payment schedule and accomplishes the work within the allotted time and adheres to the overall schedule and project specific constraints listed herein. B. Complete the work in accordance with the schedule. C. Update the schedules as necessary, and at least monthly, to reflect changes in the work and actual site conditions. In no case shall the contract completion date be altered unless specifically approved by Change Order. D. Prepare and submit monthly progress reports. E. Coordinate the work with activities of the Owner and other contractors. F. The Construction Schedule is a tool for the Contractor's and Owner's and/or Engineer's Representative's use in executing and monitoring the progress of the work. Failure to include any items of work in the schedule does not relieve the Contractor of his responsibility to complete the work as specified in the Contract Documents. 1.02 RELATED WORK A. General Provisions B. Section 01300— Submittals C. Section 01370—Schedule of Values 1.03 SIGNIFICANCE OF CONSTRUCTION SCHEDULING DOCUMENTS A. The percentage completion reported for each activity as listed in the monthly progress report and the prices of those activities, as stated in Section 01370, will be used in part to determine the amount of each monthly payment to the Contractor. B. The CPM network diagram, bar charts and monthly progress reports will be primary references in evaluating claims for delay and requests for time extensions. C. No monthly progress payments will be made to the Contractor until all required scheduling reports and documents have been received and accepted by the Owner. 1.04 PROJECT SCHEDULING CONSTRAINTS A. The submittals schedule shall allow sufficient time for the Engineer to adequately complete his review. A minimum of seven (7) calendar days exclusive of mailing days shall be allowed for the Engineer's review of each submittal. A minimum of five (5) calendar days shall be allowed for the Owner to review and transmit the Engineer's comments to the Contractor. Allow more time for large, voluminous, or complex submittals. Delays caused by resubmittal and subsequent reviews shall be the responsibility of the Contractor. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 01310 - 1 AUGUST 3,2004 ACE CONSTRUCTION SCHEDULE B. The work must be completed in such a manner to allow the existing treatment plant to operate throughout the duration of the project, except as provided in this Section. C. No regular work shall be done between 6:00 p.m. and 7:00 a.m., or on Sundays or legal holidays, except with the written permission of the Owner. The Contractor shall submit a request to the Owner two weeks in advance of such work. The Owner shall be notified 48 hours prior to any work planned for Sundays. Emergency work may be accomplished without obtaining prior permission. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 SCHEDULE DOCUMENTATION A. Prepare and submit the following construction scheduling documents in accordance with the terms of this section: 1. Construction Schedule a. Shall be submitted within seven (7) days of the date of effective date of the agreement. b. Shall schedule all proposed activities (in bar chart format). c. Owner may require more detailed scheduling. 2. Monthly Progress Report and Schedule Updates a. Submit a revised schedule each month with progress payment request. b. Shall identify all activities commenced during the preceding month. c. Shall identify all activities completed during this month. d. Shall identify any activities that are behind schedule. e. Shall include a detailed plan to bring any activities that are behind schedule up to schedule and to maintain the overall completion schedule. f. Shall include an updated submittal schedule. g. Summary of the overall status of the work. h. A list of the number of days in the month, week days in the month, days and hours worked, man hours worked, number of week days not worked and reason why, number of weekend days worked and why. B. Execute the work in a manner consistent with the proposed schedule. Revise the schedule monthly as necessary to reflect the actual conduct of work. C. Contractor shall coordinate his work to prevent damages or delays to concurrent work completed by others under other construction contracts. D. Except as specified herein, the Owner shall have continuous use of all facilities without impediment or interference from the Contractor's operation. END OF SECTION CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 01310 -2 AUGUST 3,2004 ACE CONSTRUCTION SCHEDULE SECTION 01370 SCHEDULE OF VALUES PART1 GENERAL 1.01 SCOPE A. The Contractor shall develop and submit to the Engineer a schedule of values for approval. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 SCHEDULE OF VALUES A. Within seven (7) calendar days following the effective date of the Contract, the Contractor shall submit to the Engineer, in triplicate, a tentative Schedule of Values (a breakdown of each lump sum bid), which in turn shall be used to determine partial payment estimates and may be used to verify costs of credits, change orders, etc. 1. The tentative Schedule of Values will be reviewed by the Engineer to determine whether, in his judgement, the Schedule of Values is of sufficient detail and if the prices included are "unbalanced" or "front-end loaded", in an effort to inflate the prices of those items of work to be completed in the early stages of the work. 2. The Engineer will provide comments to the Contractor, and/or may request additional information from the Contractor to justify certain item quantities and prices. On the basis of the Engineer's comments, the Contractor shall revise and resubmit the tentative schedule for further review and/or approval. 3. Once the tentative schedule is accepted by the Owner and Engineer, it shall become the Schedule of Values to be used in determining partial payment estimates. Six (6) copies of this schedule shall be submitted to the Engineer for distribution and use. 4. No partial payment request (including the first) shall be approved until the Schedule of Values has been approved by the Owner and the Engineer. B. Each partial payment request by the Contractor shall include the approved Schedule of Values, modified to indicate the total quantity and price of the work completed to the date of the request. After acceptance of the Schedule of Values submittal, no modifications will be made to the schedule of values, except as required by approved change orders. C. In so far as possible, total quantities and unit prices shall be shown for all items of work, separating for each item the materials and labor and such other sub-items as required to define the work. "Lump sum", "miscellaneous", and other such general entries in the schedule shall be avoided whenever possible. Such items as bond premiums, insurance, temporary facilities and equipment storage may be listed separately in the Schedule of Values, provided the costs can be substantiated. Overhead and profit shall not be listed as separate items. D. The sum of the items listed on the Schedule of Values shall equal the contract lump sum price. The value for mobilization costs listed in the Schedule of Values shall not exceed 3% of the total Contract Price. No additional payment will be allowed if the quantities shown on the schedule are less than those actually required to accomplish the work, unless the quantities are altered by a change order. CFW0332 SECURITY IMPROVEMENTS AT ENTRANCES 01370 - 1 AUGUST 3;-2-004 ACE SCHEDULE of VALuEs _ � iY1Y }�J �J' 'tn •� r r�� :,u Ing, �L.-�t� 3.02 FORECASTS OF PAYMENTS A. Within seven (7) days after the award of the Contract, prepare and submit to the Engineer and Owner a chart estimating the monthly partial payment amounts that are anticipated for this project. During progress of the job, mark this chart to show actual payments to date and revise the estimate of payments whenever the actual payment varies by more than 10 percent from the estimate. Submit the revised chart to the Engineer and Owner monthly. END OF SECTION CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 01370 -2 AUGUST 3,2004 ACE SCHEDULE OF VALUES SECTION 01410 INDEPENDENT TESTING SERVICES PART1 GENERAL 1.01 REQUIREMENTS A. The Owner will utilize independent testing companies to perform specified testing, except for testing required for equipment and materials. Unless otherwise specified, the Contractor shall pay for all testing required by the Contract Documents. B. When initial tests indicate non-compliance with the Contract Documents, subsequent retesting occasioned by the non-compliance shall be performed by the same testing company at the sole expense of the Contractor. C. Inspection or testing performed exclusively for the Contractor's convenience shall be financed by the Contractor. D. The Contractor shall furnish concrete batch designs, properties of materials, and conformation cylinders made from batch design at the Contractor's expense. E. Employment of a testing company by the Owner in no way relieves the Contractor of his obligation to perform the work according to the Contract Documents. 1.02 RELATED WORK A. General Conditions of the Contract for Construction. Inspections and testing required by laws, ordinances, rules and regulations, or orders of public authorities are the responsibility of the Contractor. B. Specification Sections. Contained in the various specification sections are requirements for certification of products, testing, adjusting, and balancing of equipment, and other tests and standards. C. Section 02200— Earthwork. D. Division 3 —Concrete. 1.03 TESTING SERVICES FURNISHED BY CONTRACTOR A. Unless otherwise specified, the Contractor shall provide testing for the following items of work: 1. Equipment field testing 2. Concrete reinforcement 3. Concrete materials and mix design 4. Concrete field controls for air content, slump, and temperature 5. Embedment, fill, and backfill materials 6. All other tests and engineering data required for Engineer's review of materials and equipment proposed for use in the work B. Contractor's Responsibilities: 1. Obtain Engineer's acceptance of Contractor's qualified personnel and/or independent testing company before having testing services performed. 2. Cooperate with testing company personnel; provide access to the work or to manufacturer's operations. 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Perform specified inspections, sampling, and testing of materials and methods of construction: 1. Comply with specified standards, such as ASTM and other recognized authorities, as specified. 2. Complete duties within a reasonable time consistent with the specified standards. 3. Ascertain compliance with requirements of the Contract Documents. C. Promptly notify the Engineer and Contractor of irregularities or deficiencies of work that are observed during performance of services. D. Prepare and distribute four (4) copies of written report of each inspection and/or test within three (3) days of test completion or weekly for continuous work as follows: 1. Engineer and/or Engineer's Representative: one (1) copy 2. Contractor: one (1) copy 3. Owner and/or Owner's Representative: two (2) copies E. Include the following information for each test as well as additional data specified in the applicable sections: 1. Date of test 2. Location of test 3. Specified standards 4. Test results 5. Remarks F. The testing company is not authorized to: 1. Release, revoke, alter, or enlarge the requirements of the Contract Documents. 2. Approve or accept any portion of the work. 3. Perform any duties of the Contractor. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 CONCRETE TESTING A. The Contractor shall furnish the concrete and concrete materials to be used for test purposes entirely at no cost to the Owner. B. In the presence of the Owner's Representative, Engineer, or Engineer's Representative, the concrete samples for air content, slump, and temperature testing shall be obtained by the Contractor's qualified personnel at the site of placement. C. In the presence of the Owner's Representative, Engineer, or Engineer's Representative, the concrete cylinders for strength testing shall be prepared by the testing company's personnel at the site of placement. The delivery of concrete cylinders to the off-site testing laboratory shall be arranged by the Owner's Representative, Engineer, or Engineer's Representative. Testing on the concrete cylinders shall be performed by an independent testing company and paid by the Owner. D. If tested on-site, concrete samples shall be promptly removed from the site and disposed of by the Contractor after they are tested. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 01410 - 3 AUGUST 3,2004 DRH INDEPENDENT TESTING SERVICES 3.02 EMBEDMENT, FILL, AND BACKFILL TESTING A. Testing and control of moisture-density and relative density on embedment, fill, and backfill materials submitted by the Contractor shall be performed by an independent testing company and paid by the Contractor. B. In-place field density testing on embedment, fill, and backfill shall be performed by an independent testing company and paid by the Owner. C. The Contractor shall furnish embedment, fill, and backfill materials for testing from each source. END OF SECTION CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 01410 -4 AUGUST 3,2004 DRH INDEPENDENT TESTING SERVICES SECTION 01720 PROJECT RECORD DOCUMENTS PART1 GENERAL 1.01 RECORD DOCUMENTS A. Prepare and maintain record documents to accurately reflect any and all changes to the project equipment, materials, process, alignments, profiles, etc., from the Bid definition of the work. Documents must be submitted at completion of the work as a condition of Final Acceptance. 1.02 MAINTENANCE OF RECORD DOCUMENTS A. Store record documents in an approved location apart from documents used for manufacture and installation. Maintain documents in clean, dry, legible condition. Make record documents available at all times for inspection by the Owner's and/or Engineer's Representative, and turn over to the Engineer upon written request. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 MARKING DEVICES A. Mark all changes clearly on record documents with red pencil. 3.02 RECORDING A. Keep record documents current. B. Stamp each document "PROJECT RECORD" in neat, large, printed letters. Legibly mark drawings to record actual conditions: 1. Field changes of dimension and detail 2. Changes made by change order or field order 3. Details not on original contract drawings 4. Request for Information (RFI) C. Legibly mark specifications and addenda to record: 1. Manufacturer, trade name, catalog number, and supplier of each product and item of equipment actually installed 2. Changes made by change order or field order 3. Other matters not originally specified 4. Request for Information (RFI) 3.03 SUBMITTALS A. At project completion, deliver eight (8) clean sets of record documents and as-built drawings, one of which must be in reproducible form on mylar paper, to the Owner's and/or Engineer's Representative per requirements in the General Conditions. Place all letter-sized material in a 3-ring binder, neatly indexed. Bind drawings and shop drawings in rolls of convenient size for ease of handling. All markings by the Contractor shall be clearly legible on all record documents submitted to the Owner's and/or Engineer's Representative. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 01720- 1 AUGUST 3,2004 ACE PROJECT RECORD DOCUMENTS B. Accompany the submittal with a transmittal letter in duplicate containing: 1. Date 2. Project title and number 3. Supplier's name and address 4. Title and number of each record document 5. Certification that each document as submitted is complete and accurate 6. Signature of Contractor END OF SECTION. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 01720 -2 AUGUST 3,2004 ACE PROJECT RECORD DOCUMENTS SECTION 02000 MOBILIZATION PART1 GENERAL 1.01 SCOPE OF WORK A. Mobilization shall include the movement of equipment, personnel, materials, supplies, etc., to the project site and the establishment of an office and other facilities necessary prior to beginning the work. 1.02 TEMPORARY UTILITIES A. Contractor shall provide and pay for power service required from the utility source, and power outlets for construction operations. B. Contractor shall provide, maintain, and pay for lighting, as required, to maintain specified conditions for construction. C. Contractor shall provide, maintain, and pay for telephone service to the field office and Engineer's field office at the time of mobilization, when a field office is required. D. Contractor shall provide, maintain, and pay for suitable drinking water for service to the field office, when a field office is required. E. Contractor shall provide, and maintain, required sanitary facilities and enclosures. 1.03 EQUIPMENT A. The contractor shall have available for use, when needed, all necessary construction machinery and equipment. Such machinery and equipment shall comply with applicable federal, state and local safety requirements and be in good working condition, adequate for the task, and in the numbers needed to maintain a rate of progress sufficient to complete the Work within the Contract time and milestones. B. Whenever an operation is undertaken which must be accomplished without any slowdown or stoppage, or to avoid an inferior product, the Contractor shall provide standby equipment capability so that an equipment breakdown does not disrupt that activity. 1.04 BARRIERS A. Owner shall provide traffic barriers to prevent unauthorized entry to construction areas. B. Contractor shall provide barriers to protect existing facilities and adjacent properties from damage from construction operations. 1.05 PARKING A. Contractor personnel will park in areas designated by the Owner. 1.06 PROJECT IDENTIFICATION A. Project sign shall meet local codes, ordinances and general conditions for size and location. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02000 - 1 August 3,2004 ACE MOBILIZATION 1.07 CLEANING A. Contractor personnel shall maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition daily. B. Contractor shall clean and repair damage caused by construction activities and/or installation and use of temporary work. C. Contractor shall restore existing facilities used by construction to original conditions. END OF SECTION CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02000 - 2 August 3,2004 ACE MOBILIZATION SECTION 02200 EARTHWORK PART1 GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, materials, equipment, and incidentals required. Perform all operations in connection with excavation and grading for all structures including dewatering and other drainage work as necessary for construction. In addition, place and compact backfill around completed structures; fill vapor barrier membranes under slabs on grade as required for completion of the work; and dispose of unsuitable waste and surplus excavated materials as shown on the drawings and as specified herein. B. Furnish and install temporary excavation support and safety systems, including sheeting, shoring, and bracing, to ensure the safety of personnel and protect adjacent structures, piping, etc., and meet appropriate requirements established in the Occupational Safety and Health Administration (OSHA) Safety and Health Regulations, Part 1926, Subpart P — Excavations, Trenching and Shoring, and other applicable regulations. Where conflict between OSHA and other applicable regulations exists, the most stringent requirements shall apply. C. Excavation shall include the removal of all earth, rock, and materials of any nature, including water, to the extent necessary to construct structures. D. Backfill shall include refilling and consolidation of fill in excavations up to the existing ground surface or finished grade as shown on the drawings. E. Dewatering shall include installing, maintaining, operating, and removing pump systems, culverts, channels, and other necessary devices for removal of standing water, surface drainage, and seepage from excavation or other work. F. No classification of excavated material will be made. Excavation work shall include the removal and subsequent handling of all materials executed or otherwise removed in performance of the contract work, regardless of the type, character, composition, or condition thereof. 1.02 CONTRACTOR'S RESPONSIBILITY A. The Contractor shall be responsible for design and implementation of adequate support, safety, dewatering, and drainage systems, and for all loss or damage resulting from partial or complete failure of protective measures. B. The Contractor shall prepare and maintain a trench excavation safety plan prepared by a licensed Professional Engineer registered in the State of Texas. Contractor shall also furnish and install trench safety system to protect the adjoining existing structures that are shown on the drawings. Contractor will be solely responsible for the design and construction of all safety systems. C. A signed, dated, and sealed copy of the trench safety plan shall be maintained at the project site for the Contractor's use during construction. In addition, a signed, dated, and sealed copy of the trench safety plan shall be maintained at the project site in the Contractor's records. The Contractor shall not deviate from the trench safety plan without written authorization from the Engineer who prepared the trench safety plan. This written authorization shall be signed, dated, and sealed by the Engineer. Any CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02200 - 1 AUGUST 3,2004 ACE EARTHWORK changes in the trench safety plan after initiation of construction will not be cause for extension of time or change order. The Contractor accepts sole responsibility for compliance with all applicable safety requirements. The trench safety plan does not relieve the Contractor from responsibility for any or all construction means, methods, techniques, and procedures. Furthermore, the Contractor shall indemnify the Owner and Engineer from any and all claims due to any property damage or bodily injury (including death) that arises from use or misuse of the trench safety plan, or from Contractor's negligence in performance of the contract work. D. The Contractor shall be responsible for dewatering of seepage and leakage past any existing valve, wall, or gate. E. The Contractor shall protect the existing utilities during excavation work, including that of test pits. The Contractor shall be fully responsible for any damages that might be occasioned by the Contractor's failure to protect the existing utilities. F. Unless otherwise specified, the Contractor is responsible for removal and disposal of waste material in accordance with applicable regulations. G. Any submittals required for trench safety plan, dewatering and drainage plans, and similar temporary facilities, will be for reference purposes only and maintained for record purposes in the Owner's and Engineer's files. Submittal of these items will not relieve the Contractor of any responsibility for the adequacy of support, safety, dewatering and drainage systems. 1.03 RELATED WORK A. Section 01410 —Testing Laboratory Services. B. Section 03300 —Cast-in-Place Concrete. 1.04 REFERENCED STANDARDS A. American .National Standards Institute/American Society for Testing and Materials (ANSI/ASTM) latest version. 1. ASTM C33 —Standard Specification for Concrete Aggregate 2. ASTM C40—Standard Test Method for Organic Impurities in Sands for Concrete 3. ASTM C136 — Standard Test Method for Sieve or Screen Analysis of Fine and Coarse Aggregate 4. ASTM C150 —Standard Specification for Portland Cement 5. ASTM D75— Sampling Aggregates 6. ASTM D698 — Standard Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures Using 5.5 Ib Rammer and 12" Drop 7. ASTM D1557 — Standard Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures Using 10 Ib Rammer and 18" Drop 8. ASTM D2487 — Classification of Soils for Engineering Purposes (Unified Soils Classification System) 9. ASTM D2922 — Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth) 10. ASTM D4253 — Maximum Index Density of Soils Using a Vibratory Table 11. ASTM D4254 — Minimum Index Density of Soils and Calculation of Relative Density 12. ASTM D4318 — Standard Test Method for Liquid Limit, Plastic Limit and Plasticity Index of Soils CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02200 - 2 AUGUST 3,2004 ACE EARTHWORK B. City of Fort Worth Standard Specifications— Items 102, 116, and 204. C. Where reference is made to one of the preceding standards, the revision in effect at the time of bid opening shall apply. 1.05 MEASUREMENT AND PAYMENT A. No separate payment will be made for designing, installation, and operation of excavation support, safety, dewatering and drainage control systems; and handling or disposing waste materials. All these costs of work shall be included in the lump sum contract bid prices for the entire project. 1.06 SUBMITTALS A. Submit the following in accordance with the requirements in Division 1: 1. Testing laboratory reports, as specified or required, to show compliance with specifications for material from off-site locations. The specified tests shall be performed by a certified independent testing laboratory retained and paid by the Contractor. 2. Details of temporary excavation support system plans for all trench excavations, where an existing structure or utility falls within a 2 horizontal to 1 vertical (2:1) slope from the bottom of the excavation, or where considerations dictate a plan. Plans shall be developed by the Contractor's licensed Professional Engineer who is registered in the State of Texas and has experience in trench safety analysis. The plans shall be submitted to the Owner and Engineer for record purposes prior to proceeding with any excavation work. 1.07 QUALITY ASSURANCE A. All field testing and inspection services shall be provided by the Contractor's independent testing laboratory. The cost of such work, unless specifically stated otherwise, will be paid by the Contractor. Testing methods shall comply with the latest applicable ASTM Standards. B. Materials shall be tested and observed as described in the following paragraphs. Cooperate by allowing free access to the work for selection of materials and observation. 1. Prior to placement of select fill, bedding material, concrete working mats, crushed stone base, or concrete fill, the Owner's geotechnical engineer shall inspect the foundation and observe the prepared subgrade at all structures to confirm its suitability for supporting the work to be placed thereon. Such observation shall include visual review and in-place soil density tests, as required. For major structures such as the sludge thickener, foundation soils will be proof rolled using a heavily loaded dump truck or a minimum 20-ton smooth vibratory roller making a minimum of six (6) passes over the foundation. 2. Before and during placement of fill and backfill, the soils testing laboratory shall provide at least one density and moisture content test for each 232m2 (2,500 ft2) of surface area for each compacted lift of fill. C. The Contractor shall retain a dewatering specialist to evaluate groundwater conditions, design, and operate an appropriate dewatering system. Dewatering specialist shall be a licensed Professional Engineer registered in the State of Texas. D. Test pits for the purpose of locating underground utilities or structures in advance of the construction excavated by the Contractor shall be backfilled immediately after the CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02200 - 3 AUGUST 3,2004 ACE EARTHWORK desired information has been obtained, and shall be performed in a manner consistent with trench backfill requirements. The backfilled surface shall be restored and maintained in a manner consistent with the original conditions. 1.08 PROTECTION OF FACILITIES A. Before the start of earthwork operations, adequately protect utilities, trees, shrubs, and other permanent objects. Repair costs resulting from damage to permanent facilities due to negligence or lack of adequate protection will be charged to the Contractor. B. Provide surface drainage during the period of construction to protect the work and to avoid nuisance to adjoining property. C. The Contractor shall conduct operations in such fashion that trucks and other vehicles do not create a dirt nuisance in the streets. The truck beds shall be sufficiently tight, and shall be loaded in such a manner that objectionable materials will not be spilled onto the streets. Any dirt, mud, or other materials that are spilled onto the streets or deposited onto the streets by the tires of vehicles shall be promptly cleared away by the Contractor. 1.09 INSPECTION OF EXCAVATIONS A. Do not place reinforcing steel or concrete in the excavation prior to inspection unless the Owner's and/or Engineer's Representative has given approval to proceed without inspection. 1.10 DEFINITIONS A. Common Fill: Refers to backfill placed outside the compacted select fill zone. B. Compaction (or Relative Compaction): Refers to the in-place dry density of soil, expressed as a percentage of the maximum dry density of the same material. C. Embankment: Refers to fill surrounding structures, which is placed during mass earthwork operations. D. In-the Dry: A soil condition such that the in-place moisture content of the soil is no more than 2 percentage points above the optimum moisture content of that soil. E. Maximum Dry Density (or Density): Refers to the maximum density defined by ASTM D698, unless otherwise specified. Determination of the density of backfill in-place shall be in accordance with the requirements of ASTM D2922. Density test intervals are defined in paragraph 1.07 of this specification. F. Optimum Moisture Content: The moisture density relationship appropriate to the specified level of compaction. This is determined by laboratory tests in accordance with the procedures specified in ASTM D698. G. Select Fill: Refers to compacted fill placed under slabs or placed as backfill immediately outside the exterior of structure walls. H. Structure: Refers to all buildings, wet wells, manholes, and below grade vaults. Stormwater structures and duct banks are not considered structures in these specifications. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02200 -4 AUGUST 3,2004 ACE EARTHWORK PART 2 PRODUCTS 2.01 CRUSHED ROCK A. Crushed rock shall consist of sound and durable particles free from injurious amounts of salt, alkali, vegetable matter, or other material, either free or as adherent coating. Its quality shall be reasonably uniform throughout. B. Gradation shall meet the following requirements for percentage by weight when tested in accordance with ASTM C136: 1. Standard Crushed Rock Passing 1-1/2" sieve 100% Passing 1" sieve 95-100% Passing 1/2" sieve 25-60% Passing No. 4 sieve 0-10% Passing No. 8 sieve 0-5% 2. Fine Crushed Rock Passing 1/2" sieve 100% Passing 3/8" sieve 95-100% Passing No. 4 sieve 40-65% Passing No. 8 sieve 0-10% 3. Coarse Crushed Rock Passing 1-1/2" sieve 100% Retained on 3/4" sieve 100% 2.02 GRAVEL A. Gravel shall consist of uncrushed stones and shall not have by weight more than one percent organic matter, clays, or loam, and not more than five percent by weight of any one or combination of slate, shale, schist, or soft particles of sandstone. B. Gradation shall meet the following requirements for percentage by weight when tested in accordance with ASTM C136: Passing 1-1/2" sieve 100% Retained on 3/4" sieve 95% 2.03 SAND A. Sand shall consist of clean, hard, durable, uncoated grains, free from lumps- and organic material. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02200 - 5 AUGUST 3,2004 ACE EARTHWORK B. Gradation shall meet the following requirements for percentage by weight when tested in accordance with ASTM C136: Passing No. 4 sieve 80-100% Passing No. 8 sieve 65-100% Passing No. 16 sieve 40-80% Passing No. 50 sieve 7=40% Passing No. 100 sieve 2-20% Passing No. 200 sieve 0-10% 2.04 GRANULAR MATERIAL A. Granular material shall be free flowing, such as sand or hydraulically graded crushed stone fines, or mixed sand and gravel. Material shall have no more than 10 percent fines and shall be free from lumps, stones over two inches in diameter, and organic matter. 2.05 SELECT MATERIAL A. Structure: Where select material is shown or specified, use an approved material, free of organic matter and foreign substances, obtained from an approved off-site source. The material shall be gravel, fine rock cuttings, sand, or loam free from excessive clay. Rock cuttings shall have no dimension greater than 2 inches. The material shall have a plasticity index (PI) between four and twelve and a maximum liquid limit of less than 35 as determined by ASTM D4318. The material shall retain a minimum of 50 percent on the No. 200 sieve. Prior to bringing any of the proposed material to the site, submit, for review by the Engineer, an analysis of the proposed material, including a moisture- density relationship curve prepared in accordance with ASTM D698 by a certified independent testing laboratory employed and paid by the Contractor. 2.06 CONCRETE BACKFILL A. Concrete backfill shall conform to Section 03300. 2.07 VAPOR BARRIER MEMBRANE A. Polyethylene sheeting conforming to U.S. Department of Commerce, National Bureau of Standards (NBS), Product Standard PS-17, not less than 6-mil nominal thickness. 2.08 FILTER MATERIAL A. Where indicated on the drawings or required in the work, use a mixture of coarse aggregate or fine aggregate for filter material. Proportion the mixture with two parts coarse aggregate to one part fine aggregate by volume. B. Coarse aggregate shall consist of gravel, crushed gravel or crushed stone and shall have a gradation limit of 3/4-inch to No. 4 complying with ASTM C33 (Type 7). C. Fine aggregate shall consist of natural sand and shall comply with the requirements of ASTM C33 for fine aggregate. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02200 - 6 AUGUST 3,2004 ACE EARTHWORK 2.09 STOCKPILES TOPSOIL FOR FINISH GRADING A. Natural friable soil of the region, free from lumps, clay, toxic substances, roots, debris, vegetation, stones over 1-inch in maximum diameter or length, and containing no salt or alkali. 2.10 MATERIALS AND EQUIPMENT FOR DEWATERING AND DRAINAGE A. Selected materials and equipment as appropriate for the intended use. PART 3 EXECUTION 3.01 PREPARATION A. Clearing and grubbing shall comply with City of Fort Worth Standard Specifications — Item 102. B. Test Pits: 1. Perform exploratory excavation work (test pits) to verify the location of underground utilities and structures and to check for unknown utilities and structures prior to commencing excavation work. 2. Backfill test pits as soon as the desired information has been obtained. Backfilled surface shall be stabilized in accordance with approved erosion and sedimentation control plans. 3.02 EXCAVATION SUPPORT SYSTEMS A. Protection of the excavation against caving or settling of the banks shall be the sole responsibility of the Contractor. The Contractor shall protect the sides of the excavation by sheeting and bracing as may be necessary. No actions or instructions by the Engineer shall be regarded as the responsibility for security of the trench, structural excavation or the surrounding areas. Furnish, put in place, and maintain sheeting and bracing required to support the sides of the excavation and prevent loss of ground, which could damage or delay the work or endanger workers, adjacent structures or vehicular traffic. If the Engineer is of the opinion that at any points, sufficient or proper supports have not been provided, he may order additional supports put in, and compliance with such order shall not relieve or release the Contractor from the responsibility for the sufficiency of such supports. Care shall be taken to prevent voids outside of the sheeting, but if voids are formed, they shall be immediately filled and compacted. 3.03 DEWATERING AND DRAINAGE SYSTEMS A. Dewatering: 1. Furnish, install, operate, and maintain all necessary,pumping for dewatering the various parts of the work and for keeping the parts of the work free of water, as required for construction operations. Also, as required for inspections and safety. 2. Continue dewatering in all required areas, until the area has been completed and accepted by the Owner. 3. Temporary dewatering and drainage systems shall be in place and operational prior to beginning excavation work. Maintain dewatered condition of excavation while work is in progress. 4. Provide sufficient pumping equipment, in good working order, available at all times to remove any water that accumulates in the excavations. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02200 - 7 AUGUST 3,2004 ACE EARTHWORK 5. In all cases, accumulated water in trenches shall be removed before laying pipe, placing concrete, or backfilling. 6. Provide satisfactory means of disposal of pumped water to prevent damage to surrounding structures, equipment, embankments, and adjoining properties. B. Specific Requirements: Groundwater levels may exist above the required excavation level at all locations. Such a condition can result in an unstable excavation and inadequate foundation. Therefore, the Contractor must take whatever means are necessary to control groundwater inflow and protect the foundation material. Groundwater shall be lowered and the level maintained 0.6 meters below foundation grade until the work has been completed and accepted by the owner. C. Repair of Damage: Assume full responsibility for all loss and damage due to flood, rising water, or seepage in any part of the work. Repair any damage to partially completed work from these or other causes by failure or lack of adequate dewatering or drainage facilities. 3.04 EXCAVATION A. General: 1. Excavation work shall be unclassified and includes removal of all types of materials encountered, without exception, including unsatisfactory foundation. material. Make excavations to lines and grades indicated on the drawings. Complete excavations within the tolerances specified. 2. Excavations for structures shall be suitably wide for construction of the structures, including excavation supports, dewatering and drainage systems, and working clearances. 3. Excavation shall be performed in-the-dry, and shall be accomplished by methods which preserve the undisturbed state of subgrade soils. Drainage and dewatering systems shall be in place and operational prior to beginning excavation work. In no case shall the earth be plowed, scraped, or excavated by any means that would disturb the finished subgrade. Hand excavation of the final 3 inches to 6 inches may be required to obtain a satisfactory, undisturbed subgrade. Subgrade soils which become soft, loose, "quick", or otherwise unsatisfactory for support of structures as a result of inadequate excavation, dewatering, or other construction methods shall be removed and replaced with Class C concrete fill at no additional cost to the Owner. 4. Subgrade Preparation: Excavate materials as required to place a 4-inch concrete fill seal slab where indicated on the drawings. 5. When excavations have reached the required subgrade, including any allowances for working mats or base materials, but before the placement of working mats or base materials, notify the soils testing laboratory to verify the suitability of the existing subgrade soils for the anticipated foundation and structural loadings. If the existing subgrade soils are determined to be unsuitable, direction will be provided by the Engineer regarding removal and replacement with suitable materials. If Contractor believes that such direction would increase Contractor's cost and would, thereby, entitle the Contractor to a change in contract cost, the Contractor shall notify the Owner's and/or Engineer's Representative in accordance with the applicable article(s) in the General Conditions pertaining to changes in the work. 6. Over-excavation beyond the limits and depths required by the Contract Documents shall be replaced by Class C concrete or other material acceptable to the Engineer. Such replacement shall be at no additional cost to the Owner. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02200 - 8 AUGUST 3,2004 ACE EARTHWORK B. Structures: 1. Wherever practicable, cut all footing excavations to neat lines with a tolerance of? —1-inch to 0-inch, and place concrete to bear against earth sides. Where beams are shown to be monolithic with slabs on ground, shape soil to the profile shown. Excavate a sufficient distance from walls, shafts or similar elements of structures to allow for placing and removing forms, and for inspection. 2. Excavate to the elevations shown on the drawings, forming a level, undisturbed surface, free of mud or other soft material. When the bottom of the excavation, at the elevation shown, is not within the foundation bearing material shown on the drawings, or is unsuitable for foundation bearing, notify the Engineer. Remove all pockets of soft or otherwise unstable soils and replace with Class C concrete or with suitable, well-compacted soil as directed by the Engineer. 3. Protect all open excavations from rainfall or excessive drying so as to maintain the foundation subgrade in a satisfactory, undisturbed condition. Keep excavations reasonably free of water at all times and completely free of water during placement of concrete. Soils below foundation, which become soft, loose or otherwise unsatisfactory for dewatering or other construction methods shall be removed and replaced with Class C concrete. 4. For footings founded on rock, hard shale or similar material, remove all material. Clean and cut to a firm surface, either level, stepped, or serrated as shown on the drawings. Clean out seams and fill with concrete at the time footing concrete is placed. 3.05 SLABS ON GRADE A. Slabs at Grade: 1. Subgrade. Scarify to a depth of 6 inches below the cleared depth. Adjust moisture content within a range of optimum to optimum + 4 percentage points and recompact within a range of 95 to 100 percent maximum density as determined by ASTM D698. The recompacted subgrade shall be proof-rolled with a pneumatic tired roller in order to detect any soft areas. Soft or wet areas will require removal and replacement with select material of at least 12 inches compacted thickness (2 lifts). Depressions from stump removal shall be cleaned of all organic matter and filled with select material. 2. Fill. Upon completion of subgrade preparation, place select material in uniform layers of loose material, 6 inches in depth, within the moisture and density range specified in A.1 above. Previous lifts and/or subgrade should be protected from moisture loss. 3. Final Grade. Conform to lines and grades shown on the drawings. B. Slabs Below Grade: Excavate to 12 inches above final subgrade. In order to preserve the in situ moisture of the subgrade, do not excavate the final 12 inches until immediately prior to the floor slab construction or seal slab, where specified. If the soil at the time of final exposure and concrete placement is not within zero to four percent above optimum moisture content as determined by the Engineer's testing laboratory, the top 6 inches shall be recompacted at the proper moisture level. Soft and wet areas not achieving compaction will require removal and replacement with select material of at least 12 inches compacted thickness (2 lifts). C. Compaction: 1. The subgrade and fill material shall be compacted to a minimum of 95 percent and maximum of 100 percent of maximum density at 0 to 4% above optimum moisture as determined by ASTM D698. The methods used to secure the specified compaction and moisture content shall be the Contractor's responsibility. Wet CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02200 - 9 AUGUST 3,2004 ACE EARTHWORK soils shall be worked by plowing, disking, or scarifying and air-drying as required to reduce the moisture content to optimum levels. 2. The compacting equipment and method of compaction shall be such that uniform density will be obtained over the entire area and depth of material being compacted. All fill materials deposited in place by scrapers, dump trucks, draglines or similar equipment shall be thoroughly broken up before being spread into uniform layers. 3. Moisten layers between lifts to achieve bonding. 4. Field density tests shall be performed at a rate of one test per each 500 cy of material placed with a minimum of three tests per lift. D. Vapor Barrier Membrane: 1. As soon as practical after final grading, while the base material is still at its optimum moisture content, install a vapor barrier membrane over the prepared surface at all locations. Provide membrane in the widest practical seamless widths. 2. Lay the membrane material continuous with the joints, lapped 6 inches in the direction of the concrete placement. Carefully fit the membrane tight around all penetrations. 3. Before placing concrete, patch all holes and tears in membrane with patches cemented in place with adhesive. Seal around penetrations for conduit, piping, etc., with cold mastic. E. Mud slabs (lean concrete seal slabs), if required, shall be placed after final grading or within 4 hours of the removal of the last 12 inches of an excavation, while the base material is at its optimum moisture content. 3.06 SUBGRADE PREPARATION A. Subgrade preparation for concrete pavement shall comply with City of Fort Worth Standard Specifications— Item 204. 3.07 FINAL BACKFILL PROCEDURES A. Backfill at Structure: 1. Complete backfill to the surface of natural ground or to the lines and grades shown on the drawings. Use final material except where special materials are shown on the drawings or specified for all structural excavation. Deposit backfill in uniform layers not to exceed 8 inches in loose thickness, and compact each layer as specified. 2. Place backfill as promptly as practicable after completion of each structure or portion of a structure. The bottom 1/4 of wall height may be backfilled when the walls attain 75 percent of the specified 28-day compressive strength. The remaining wall height may be backfilled when the specified 28-day compressive strength is attained. Remove concrete forms before starting backfill and remove shoring and bracing as the work progresses. Take care to prevent any wedging action of backfill against the structure. Step-cut the slopes at 3 feet intervals bounding the excavation as required to prevent wedging. B. Compacting Backfill: Place materials in uniform layers of prescribed maximum thickness and wet or dry the material to 0 to 4 percent above optimum moisture content. Compact with power-driven hand tampers to the prescribed density. 1. Regular and Select Material. Place in 8 inch maximum layers, loose measure. Compact to at least 95 percent of maximum soil density as determined by ASTM D698. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02200 - 10 AUGUST 3,2004 ACE EARTHWORK 2. Sand and Filter Material. Place in 8 inch maximum layers, loose measure. Compact to not less than 70 percent of maximum soil density as determined by ASTM 4253 and 4254. C. Protection: Guardrails, curbing, signs, lighting, and fencing etc., in the vicinity of the Contractor's operations shall be adequately protected and, if necessary, removed and restored after backfilling. Curbing, fencing, or guardrails that are damaged during construction shall be replaced with material fully equal to that existing prior to construction. 3.08 EXCAVATED MATERIALS A. Excavated material to be used for backfilling and finish grading shall be placed adjacent to the work, without excessive surcharge on the trench bank, and separate from stockpiled topsoil and grass. Material shall not obstruct free access to valves and hydrants and not obstruct the operation of other contractors working at the site. Obstructing traffic with excavated material will not be allowed. B. Excess material and material which is unsuitable for backfilling shall be removed from the site by the Contractor. C. Should conditions make it impracticable or unsafe to stack material adjacent to the trench, the material shall be hauled and stored at a location provided by the Contractor at no additional cost to the Owner. 3.09 DISPOSAL OF EXCESS MATERIAL A. Tree trunks, limbs, roots, stumps, brush, foliage, other vegetation and objectionable material shall be disposed of in accordance with applicable regulations. B. Off-Site Disposal Area: Waste material, which must be removed from the work site, shall be disposed of in accordance with applicable regulations and laws, and in a manner as not to damage the Owner or other persons. C. On-Site Temporary Stockpile Area: Material may be temporarily stockpiled at a designated area approved by Owner. Grade and slope stockpile for drainage with a maximum 4:1 slope (horizontal to vertical). D. No burning is permitted. E. Equipment Fluids: The Contractor's equipment fluids shall be collected during servicing and removed from the site and disposed off-site and in accordance with environmental regulations. Flammable or toxic waste shall be contained and not allowed to be spill on the ground. Used filters, batteries, machine parts, tires, and other waste material shall also be removed from the site and disposed off-site in accordance with environmental regulations. 3.10 GRADING A. Finish Grading: 1. Rough grade compacted fill, allowing for a maximum amount of natural settlement and compact. Eliminate uneven areas and low spots. Remove debris, roots, branches, stones, etc., in excess of three inches in size. Remove fill material that has been contaminated with petroleum products. 2. Compact areas that are to receive paving or a stabilizing base to subgrade elevation, and to at least 95 percent and not more than 98 percent maximum dry CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02200 - 11 AUGUST 3,2004 ACE EARTHWORK density as determined by ASTM D698. Moisture shall be between optimum and 4 percent above optimum. 3. Bring compacted fill to required levels, profiles and contours. Make changes in grade gradually. Blend slopes into level areas. 4. Slope grade away from structures a minimum of 6 inches over 6 feet, unless otherwise indicated on the drawings. 5. Where fill to required subgrade elevation is less than 6 inches, scarify to a depth of 6 inches and compact. 6. Cultivate subgrade to a depth of 6 inches where topsoil is to be placed. Repeat cultivation in areas where equipment used for hauling and spreading topsoil has compacted subgrades. B. Placing Topsoil: Topsoil shall comply with City of Fort Worth Standard Specifications— Item 116. C. Protection: 1. Protect newly graded areas from traffic and erosion; keep free of trash and rubbish. 2. Repair settled, eroded or rutted areas, using additional topsoil upon final acceptance of the facilities. PART 4 MEASUREMENT AND PAYMENT 4.01 GENERAL A. The cost of earthwork in accordance with the drawings and specifications shall be included in the lump sum base bid. No separate bid will be allowed for this work. END OF SECTION CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02200 - 12 AUGUST 3,2004 ACE EARTHWORK SECTION 02225 FLOWABLE FILL PART1 GENERAL 1.01 DESCRIPTION A. Scope of Work: The work under this section of the specifications consists of furnishing all labor, equipment, and materials, and performing all operations in connection with the placement of flowable fill backfill as shown on the drawings and as specified. Backfill shall include refilling trenches and excavations with flowable fill to the lines and grades shown on the drawings, or as specified. 1.02 RELATED WORK A. Section 02220— Earthwork B. Section 03300 —Cast-in-place Concrete 1.03 QUALITY ASSURANCE A. Sources and Evaluation Testing: Materials to be used for flowable fill shall be obtained in accordance with a sampling plan and ASTM D75, Sampling Aggregates. Materials testing to certify conformance with the specification requirements shall be performed by an independent testing laboratory paid by the Contractor. Contractor's testing agency shall perform tests upon change of source and at sufficient intervals to certify conformance of all select material furnished for use on this project. 1.04 FLOWABLE FILL BACKFILL A. Flowable fill backfill material shall be a controlled density material consisting of cement and/or fly ash, sand, and water meeting the following requirements: Weights Volume Min. 50 lbs Cement .25 Min. 600 lbs Fly Ash 4.24 SSD 2500 lbs Sand 15.17 55 Gal 458 lbs Water 7.34 Total Cubic Feet 27 B. Above values are based on specific gravity as follows: 1. Cement—3.13 2. Fly Ash —2.27 3. Sand—2.64 4. Water— 1.00 C. Unconfined compressive strength shall be 80 psi at 28 days and 150 psi at 56 days. D. Any materials used shall be primarily granular with a plasticity index less than 12, and 100% passing a %-inch sieve. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02225 - 1 AUGUST 3,2004 ACE FLOWABLE FILL PART 2 EXECUTION 2.01 EMBEDMENT AND STRUCTURAL FILL A. Provide flowable fill material for structural backfill at locations shown in the drawings or as specified. B. Depth of flowable fill shall be as shown on the drawings or as specified. 2.02 PLACEMENT A. Flowable fill shall be discharged directly from the truck into the space to be filled, or by other methods approved by the Engineer. B. Flowable fill shall be placed at full depth or, if site conditions dictate, part depth with approval of the Engineer. C. Formed walls or bulkheads shall be constructed to withstand the hydrostatic pressure exerted by the flowable fill. D. Flowable fill is self-consolidating. The use of a vibrator shall not be necessary. E. Provisions shall be made for the flowable fill's "bleed water" to run off or be removed. F. Backfilling shall be done in a careful manner and no less than 24 hours after flowable fill embedment, fill, or encasement has been placed. END OF SECTION CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02225 -2 AUGUST 3,2004 ACE FLOWABLE FILL SECTION 02505 PAVEMENT PART1 GENERAL 1.01 DESCRIPTION A. Scope: This section includes specifications for the construction of asphalt pavements and concrete paving in locations indicated on the drawings. B. Paving includes the furnishing and installation of all materials necessary for the construction of aggregate base, asphaltic concrete paving, and concrete paving at the locations indicated on the drawings. 1.02 RELATED WORK A. Section 02200: Earthwork B. City of Forth Worth Standard Specifications— Division 3 1.03 SUBMITTALS A. Submit proposed mix design for asphalt concrete and concrete pavement in accordance with Division 1. 1.04 QUALITY CONTROL A. Soil Compaction Testing: Soil compaction testing shall be in accordance with this section and Section 02200. B. Observation and field compaction tests will be conducted during grading as directed by the Engineer in order to provide a basis for quality control and compliance with the specified degree of compaction and proper moisture content. C. Degree of compaction as set forth herein is the ratio, expressed as a percentage of the density of the fill material in the field to the maximum laboratory density of the same material, determined by ASTM D1557. D. The Contractor shall be responsible for providing the required compaction of base course to avoid settlement of pavement. In the event of pavement failure and/or settlement, the Contractor will be required to replace the damaged pavement at no additional cost to the Owner. PART 2 PRODUCTS 2.01 MATERIALS A. Asphaltic Concrete Paving 1. Asphaltic concrete materials shall comply with the City of Fort Worth Standard Specifications Items 300, 302, 304, 306, 308, 310, 312, and 313. 2. Concrete Base shall be Flowable Fill, as specified in Section 02225. 3. Asphaltic Concrete Mix: Mixing and proportioning shall comply with the City of Fort Worth Standard Specifications. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02505 - 1 AUGUST 3,2004 ACE PAVEMENT B. Portland Cement Concrete: 1. Portland cement concrete required in access road construction shall conform to Section 03300. Concrete shall be Class B, 3000 psi. 2. Portland Cement Concrete: Mixing and proportioning shall be as specified in Section 03300. 3. Reinforcing Steel: Reinforcing steel shall conform to Section 03200. PART 3 EXECUTION 3.01 INSTALLATION A. General: Roadways and parking areas shall be constructed to the widths, grades and lines shown. The base course shall be approved prior to the final surfacing operation. Maximum variations in finished grade of base course shall be plus or minus 0.05 feet. B. Pavement: 1. Subgrade: All areas to be paved shall be graded in accordance with Section 02200. The prepared subgrade shall be scarified to a depth of at least 12 inches and recompacted to at least 95 percent of the maximum density. 2. Aggregate Base: The Contractor may elect to use any method of placing and compacting that will provide a uniformly dense material of a relatively compaction of not less than 95 percent as determined by ASTM Test Method D1557. 3. Prime Coat: Prime coat shall be applied as specified on Item 304.3 of the City of Forth Worth Standard Specifications. 3.02 PORTLAND CEMENT CONCRETE PAVEMENT A. Prepare subgrade as specified in Paragraph 3.01. B. Install reinforcing as indicated on drawings. C. Set forms and place concrete. New pavement thickness shall be as shown on the drawings. D. Formwork shall be as specified in Section 03100. 3.03 REPLACEMENT OF EXISTING ASPHALT PAVEMENT A. Designated existing asphalt pavement shall be removed. B. Installation of new asphalt pavement shall be in accordance with paragraph 3.01 B. New aggregate base material shall be added as required to achieve the overall thickness of material indicated on the drawings. END OF SECTION CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 02505 - 2 AUGUST 3,2004 ACE PAVEMENT SECTION 03100 CONCRETE FORMWORK PART1 GENERAL 1.01 SCOPE OF WORK A. This section defines requirements for design, construction, erection, and removal of concrete formwork. 1.02 RELATED WORK A. Division 3 — Concrete 1.03 REFERENCE STANDARD A. City of Fort Worth Standard Specifications — Item 410.8 B. American Concrete Institute: ACI 347 — Recommended Practice for Concrete Formwork. PART 2 PRODUCTS 2.01 FORM MATERIAL A. Form material shall comply with City of Fort Worth Standard Specifications — Item 410.8 (l). 2.02 FORM ACCESSORIES A. Form ties shall comply with City of Fort Worth Standard Specifications — Item 410.8 (3). B. Coating for Plastic Forms: Alkali-resistant gel coat. C. Chamfers: Provide a chamfer on all exposed edges by using either wooden or plastic chamfer strips. Chamfer strips shall be a forty-five degree right triangle in section with the two shorter sides measuring 3/4-inch. 2.03 DESIGN OF FORMWORK A. Form Design: The design and engineering of all concrete formwork, including all shoring, bracing and reshoring, shall be the responsibility of the Contractor. Design formwork for loads, lateral pressure, and allowable stresses as described in ACI 347. Allow for design consideration, wind loads, allowable stresses, and other applicable requirements of controlling local building codes. Camber formwork to compensate for anticipated deflection during placement of concrete when required to maintain specified tolerances. Design formwork to be readily removed without impact, shock, or damage to concrete surfaces and adjacent materials. B. Slip Forming: Not permitted. CFW0332 ISSUE:-0 SECURITY IMPROVEMENTS AT ENTRANCES 03100 - 1 AUGUST 3;2004 !�? ACE CONCRETE FORMWORK PART 3 EXECUTION 3.01 FORMWORK CONSTRUCTION A. General: 1. All formwork, scaffolds, and work platforms shall be safe and conform to OSHA requirements. 2. Construct and maintain formwork, complying with ACI 347 and these specifications so that it will maintain correct sizes of members, shape, alignment, elevation, and position during concrete placement and until concrete has gained sufficient strength. Provide for openings, offsets, keyways, recesses, moldings, anchorages, and inserts as required. 3. Construct forms for easy removal without damage to concrete surfaces. 4. Formwork shall be sufficiently tight to prevent leakage of cement paste during concrete placement. Solidly butt joints and provide backup material at joints as required to prevent leakage and fins. 5. Chamfer strips shall be placed in forms to bevel all edges and corners permanently exposed to view, except the top edges of walls and slabs, which are shown to be tooled. Edges of formed joints and interior corners shall not be beveled unless shown or specified otherwise. Equipment bases shall have formed beveled edges for all vertical and horizontal corners. Unless otherwise noted, bevels shall be 3/4-inch wide. 6. Provide temporary openings, at least 2 ft. x 2 ft., at the base of column and wall forms and at other points as required to facilitate observation and cleaning immediately before concrete is placed. 7. If runways are required for moving equipment, provide for support of runways with struts or legs resting directly on the formwork or structural member. Do not allow runways or supports to rest on reinforcing steel. 8. No form supports shall be cast-in-place or removed during or after placement of concrete. B. Forms for Surfaces Exposed to View or Liquid: 1. Drill forms to suit ties used and to prevent leakage of concrete mortar around tie holes. Form ties shall be uniformly spaced and aligned in horizontal and vertical rows. Form ties shall not displace or interfere with reinforcing steel or other embedment placement. 2. Provide sharp, clean corners at intersecting planes without visible edges or offsets. Back joints with extra studs or girts to maintain true, square intersections. 3. Form molding shapes, recesses, and projections with smooth-finish materials and install in forms with sealed joints to prevent displacement. 4. Form exposed corners of beams and columns to produce square, smooth, solid, unbroken lines. Provide all exterior exposed corners with 3/4-inch chamfer. 5. Arrange facing material in an orderly and symmetrical fashion. Keep the number of seams to a practical minimum. Support facing material adequately to prevent deflection in excess of allowable tolerances. 6. For flush surfaces exposed to view in the completed structure, overlap previously placed, hardened concrete with form sheathing by approximately 1-inch. Hold forms against hardened concrete to maintain true surfaces, preventing offsets or loss of mortar. C. Edge Forms and Screed Strips for Slabs: Set edge forms or bulkheads and intermediate screed strips for slabs to obtain required elevations and contours in the finish slab surface. Provide and secure units to support types of screeds required. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03100 - 2 AUGUST 3,2004 ACE CONCRETE FORMWORK D. Surface to Receive Membrane Waterproofing: Provide chamfers for external corners in concrete surfaces that will be covered with membrane waterproofing. Provide a continuous reglet at line of top of membrane waterproofing on vertical surfaces. Coordinate location with waterproofing applicators. 3.02 TOLERANCES A. Construct formwork so that concrete surfaces will conform to tolerance limits as listed in the table at the end of this section. B. Establish sufficient control points and benchmarks as references for tolerance checks. Maintain these references in undisturbed condition until final completion and acceptance of the project. 3.03 ADJUSTMENTS OF FORMWORK A. Use wedges or jacks to provide positive adjustment of shores and struts. Wedges used for final adjustment of forms should be fastened in position after final inspection and before concrete placement. B. Securely brace forms against lateral deflections. Prepare to compensate for settling during concrete placement. C. For wall openings, construct wood forms that facilitate any necessary loosening to counteract swelling of forms. 3.04 PREPARATION OF FORM SURFACES A. Before placing concrete, clean surfaces of forms and embedded materials. Remove accumulated mortar, grout, rust, and other foreign matter. B. Coat forms for exposed or painted concrete surfaces with form oil or form-release agent compatible with concrete finish coating before placing reinforcement. Cover form surfaces with coating material used in strict accordance with the manufacturer's printed instructions. Do not allow excess coating material to accumulate in forms or to contact hardened concrete against which fresh concrete will be placed. Remove coating material from reinforcement before placing concrete. C. Other than retained-in-place metal forms, forms for unexposed surfaces may be moistened with water immediately before concrete placement in lieu of coating. 3.05 REMOVAL OF FORMS A. Forms on vertical surfaces, when repair of surface defects or finishing is required before concrete is aged, may be removed as soon as concrete has hardened sufficiently to resist damage from removal operations. B. Remove top forms on sloping surfaces of concrete as soon as concrete has attained sufficient stiffness to prevent sagging. Loosen wood forms for wall openings as soon as this can be accomplished without damage to concrete. Formwork for columns, walls, sides of beams, and other parts not supporting weight of concrete may be removed after 12 hours provided that concrete has hardened sufficiently to resist damage from removal operations, and provided the removal of these forms will not disturb members supporting the weight of the concrete. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03100 - 3 AUGUST 3,2004 ACE CONCRETE FORMWORK C. All forms and shoring used to support weight of concrete or any construction loads shall remain in place until concrete has reached the minimum strength specified for removal of forms and shoring. In no case shall support forms be removed in less than four (4) days. 3.06 REMOVAL STRENGTH A. Control Tests: Suitable strength control tests will be used as evidence that concrete has attained specified strength for removal of formwork or shoring supporting the weight of concrete in beams, slabs, and other structural members. 1. Field-Cured Test Cylinders: When field-cured test cylinders reach the specified removal strength, formwork or shoring may be removed from the respective concrete placements. Strength data from field-cured test cylinders shall be furnished by the Contractor. 2. Laboratory-Cured Test Cylinders: When concrete has been cured as specified for cast-in-place concrete for the same time period required by laboratory-cured cylinders to reach specified strength, the formwork or shoring may be removed from respective concrete placements. Determine the length of time that the concrete placement has been cured by totaling the number of days or fraction of days, not necessarily consecutive, during which the air temperature surrounding the concrete is above 50°F and the concrete has been damp or thoroughly sealed against evaporation and loss of moisture. B. Compressive Strengths: The minimum concrete compressive strengths for removal of all formwork supporting the weight of concrete shall be 75 percent of the specified minimum 28-day strength of the class of concrete involved. 3.07 RESHORING A. When reshoring is permitted or required, plan operations in advance and secure approval of such operations. While reshoring is under way, keep live load off the new construction. Do not permit concrete beams, slab, column, or other structural member to be subjected to combined dead and construction loads in excess of loads permitted for developed concrete strength at the time of reshoring. B. Place reshores as soon as practicable after stripping operations are complete, but in no case later than the end of the working day on which stripping occurs. Tighten reshores to carry the required loads without overstressing construction. Leave reshores in place until tests representative of concrete being supported have reached specified strength at time of removal of formwork supporting the weight of concrete. C. Floors supporting shores under newly placed concrete shall have their original supporting shores left in place or shall be reshored. The reshores shall be located directly under a shore position above, unless other locations are permitted. Extend reshoring over a sufficient number of stories to distribute weight of newly placed concrete, forms, and construction live loads in such a manner that the design superimposed the loads of floors supporting shores are not exceeded. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03100 -4 AUGUST 3,2004 ACE CONCRETE FORMWORK 3.08 FORM REUSE A. Do not reuse forms that are worn or damaged beyond repair. Thoroughly clean and recoat forms before reuse. For wood and plywood forms to be used for exposed smooth finish, sand or otherwise dress concrete contact surface to original condition or provide form liner facing material. For metal forms, straighten, remove dents, and clean to return to original condition. END OF SECTION CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03100 - 5 AUGUST 3,2004 ACE CONCRETE FORMWORK SECTION 03200 CONCRETE REINFORCEMENT PART1 GENERAL 1.01 SCOPE OF WORK A. This section specifies requirements for all concrete reinforcement. Also included is grouting of reinforcement dowel bars. 1.02 RELATED WORK A. Coordinate the requirements of this section with all other sections of Division 3 — Concrete. 1.03 REFERENCE STANDARDS A. City of Fort Worth Standard Specifications — Item 424 B. American Society for Testing and Materials (ANSI/ASTM): 1. ANSI/ASTM A 36—Standard Specification for Structural Steel 2. ANSI/ASTM A 82 — Standard Specification for Cold-Drawn Steel Wire for Concrete Reinforcement 3. ANSI/ASTM A 185 — Standard Specification for Welded Steel Wire Fabric for Concrete Reinforcement 4. ANSI/ASTM A 497 — Standard Specification for Welded Deformed Steel Wire Fabric for Concrete Reinforcement 5. ANSI/ASTM A 615 — Standard Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement 6. ANSI/ASTM A 675 — Standard Specification for Steel Bars and Bar Size Shapes, Carbon, Hot-Rolled Special Quality, Subject to Mechanical Property Requirements C. American Concrete Institute (ACI): 1. ACI 315 — Manual of Standard Practice for Detailing Reinforced Concrete Structures 2. ACI 318 — Building Code Requirements for Reinforced Concrete D. Concrete Reinforcing Steel Institute (CRSI): CRSI Manual of Standard Practice 1.04 SUBMITTALS A. Submittals shall conform to Section 01300. B. Certificates: 1. Submit the manufacturer's mill certificates, giving the properties of steel proposed for use. List the manufacturer's test number and heat number, chemical analysis, yield point, tensile strength, and percent elongation. Also identify on the certificates the proposed location of the steel in the work. 2. When foreign manufactured reinforcing bars are proposed for use, the material shall be tested for conformance to ANSI/ASTM requirements by a certified independent testing laboratory located in the United States. Certification from any other source is not acceptable. Furnish copies of the test reports to the Engineer for review. Do not begin fabrication of reinforcement until the material has been approved. The cost of testing shall be borne by the supplier. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03200 - 1 AUGUST 3,2004 - ACE CONCRETE REINFORCEMENT C. Bill of Materials: Submit bills of materials to be reviewed with shop drawings. D. Shop Drawings: 1. Submit shop drawings in accordance with Section 01300. Show reinforcement fabrication, bar placement location, splices, spacing and bar designation, bar type, length, size, bending, number of bars, bar support-type, and other pertinent information, including dimensions. Information must correspond directly to data listed on the bill of materials. 2. Provide sufficient detail to permit placement of reinforcement without use of design drawings. Reproduction of design drawings for use as shop drawings will not be allowed. Do not begin fabrication of reinforcing steel until after shop drawings have been reviewed by the Engineer. 3. Detail shop drawings in accordance with ACI 315. 4. Rebar submittal shall include following information: a. Grade of bars. b. Table of bending dimensions, bar size, bar length, number of bars, and spacing. c. The rebar shall be listed separately for each structural element (wall, slab, footing, beam, etc.). Each element shall be labeled on the rebar list and clearly identified on the shop drawings. d. Each bar shall be identified such as corner bars, tie bars, vertical bars, etc. E. Manufacturer's Technical Literature: Epoxy Grout. Submit manufacturer's technical literature on the epoxy grout proposed for anchoring reinforcing dowels to hardened concrete. Information shall include manufacturer's recommended application procedures. 1.05 HANDLING AND STORAGE A. Store steel reinforcement above the ground on platforms, skids, or other supports. Protect reinforcing, as far as practicable, from mechanical injury, surface deterioration, and rusting caused by exposure to the weather. PART 2 PRODUCTS 2.01 REINFORCEMENT A. All bar reinforcement shall comply with the City of Fort Worth Standard Specifications — Item 424.2. B. Marking: Clearly mark bar bundles with waterproof tags showing the number of bars, size, length, and yield strength. Mark steel with the same designation as the member in which it occurs. Key marks to the concrete placement number as designated on the concrete place sequence shop drawings. C. Welded Wire Fabric: 1. Welded Smooth Wire Fabric: Conform to ANSI/ASTM A 185. 2. Welded Deformed Wire Fabric: Conform to ANSI/ASTM A 497. 3. Provide wire size, spacing and type as shown. Where type is not shown on the drawings, use welded smooth wire fabric. 2.02 TIE WIRE A. Use 18-gage annealed steel for tie wire. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03200 - 2 AUGUST 3,2004 ACE CONCRETE REINFORCEMENT 2.03 BAR SUPPORTS A. Provide chairs, riser bars, ties, and other accessories made of plastic or metal, except as otherwise specified. Bar supports and accessories shall be of the sizes required to provide concrete cover as specified. Where concrete surfaces are exposed to the weather or liquid in liquid-containing structures in finished work, provide stainless steel chairs or plastic-tipped metal chairs. Metal bar supports and accessories shall be Class 1 or 2 conforming to the requirements of the CRSI Manual of Standard Practice. 2.04 EPDXY GROUT A. Epoxy grout shall be a high-strength rigid epoxy adhesive manufactured for the purpose of anchoring dowels into hardened concrete. Acceptable products are: 1. Horizontal or Overhead Dowels: Sika's "SIKADUR Hi-Mod Gel No. 390" or approved equivalent. 2. Vertical Dowels: Sika's "SIKADUR Hi-Mod No. 370" or equivalent. 2.05 FABRICATION A. Bending: Fabricate bars to the shapes shown on the drawings by cold bending. Bends shall conform to the minimum bend diameters specified in ACI 318. Do not straighten or rebend bars without specific approval. B. Splices: Locate splices as shown on the drawings. Where it is necessary to splice reinforcement at locations other than shown on the drawings, the splices shall be approved by the Engineer. Use a minimum number of splices located at points of minimum stress. Stagger splices in adjacent bars. Length of lap splices shall be in accordance with the table on the structural standard detail sheet in the contract drawings. C. Construction Joints: Reinforcing shall be continuous through construction joints. D. Fabrication Tolerances: Bars must conform to the following fabrication tolerances: Measurement Tolerance in Inches Sheared length ±1 Depth of truss bars to 8-inch depth +0, -1/4 Depth of truss bars over 8-inch depth +0, -1/2 Stirrups, ties and spirals ±1/4 All other bends ±1 PART 3 EXECUTION 3.01 CLEANING A. Clean reinforcement of all scale, loose or flaky rust, or other foreign material, including oil, mud, or coating that will reduce the bond to concrete. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03200 - 3 AUGUST 3,2004 "' ACE CONCRETE REINFORCEMENT 3.02 PLACEMENT A. Placement Tolerances shall be in accordance to the City of Fort Worth Standard Specifications— Item 424.7. B. Interferences: If reinforcing interferes with the location of other reinforcing steel, conduits or embedded items, bars may be moved within specified tolerances or one bar diameter, whichever is greater. If greater movement of bars is required to avoid interference, notify the Engineer. Do not cut reinforcement to install inserts, conduits, mechanical openings, or other items without approval of the Engineer. C. Concrete Cover: Except as otherwise shown, provide a clear cover measured from reinforcement to the face of the concrete as listed: Surfaces Minimum Cover in Inches Unformed surfaces adjacent to excavation 3 Formed or top surfaces exposed to weather or saturated air, submerged, or in contact with earth # 6 or larger bars 2 # 5 or smaller bars 1-1/2 Beams, girders and columns 2 Other locations Bars in beams or girders, including 1-1/2 stirrups and columns spirals or ties Slab, walls, and joists# 14 and # 18 1-1/2 # 11 or smaller 3/4 Cover for reinforcing steel shall not be less than the minimum given above (no minus tolerance) and shall not exceed the minimum by more than 1/4-inch where the thickness is 24 inches or less, or more than 1/2-inch where the concrete thickness is more than 24 inches. D. Placement in Forms: Use spacers, chairs, wire ties, and other accessory items necessary to properly assemble, space, and support reinforcing. Wire ties through forms and temporary spacers will not be allowed. Provide accessories of sufficient number, size, and strength to adequately prevent deflection or displacement of reinforcement due to construction loads or concrete placement. Use appropriate accessories to position and support bolts, anchors, and other embedded items. Tie reinforcing bars at each intersection and to accessories. Blocking reinforcement with concrete or masonry is prohibited. E. Placement for Concrete on Ground: Support reinforcement on precast concrete blocks spaced at approximately 3 feet on centers each way. Use a minimum of one block for each 9 square feet. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03200 -4 AUGUST 3,2004 ACE CONCRETE REINFORCEMENT F. Splices: 1. Do not splice bars, except at locations shown on the drawings or the reviewed shop drawings, without approval of the Engineer. 2. Lap Splices: Tie securely with wire to prevent displacement of splices during placement of concrete. G. Construction Joints: Place reinforcing continuous through construction joints. H. Welded Wire Fabric: Install wire fabric in as long lengths as practicable. Lap adjoining pieces at least one full mesh plus 2 inches or 6 inches, whichever is larger, and lace splices with wire. Do not make end-laps midway between supporting beams or directly over beams of continuous structures. Offset end laps in adjacent widths to prevent continuous laps. I. Field Bending: Shape reinforcing bent during construction operations to conform to the drawings. Bars shall be cold-bent; do not heat bars. Closely inspect the reinforcing for breaks. If reinforcing is damaged, replace or otherwise repair as directed by the Engineer. J. Field Cutting: Reinforcing bars cut on the job shall be cut by shearing or sawing. Do not cut bars with a cutting torch unless approved by the Engineer. 3.03 GROUTING OF REINFORCING BARS A. Use specified epoxy for anchoring reinforcing steel in existing concrete. If diameter of hole is not specifically dimensioned on the drawings, drill hole in existing concrete that is at least one-inch larger than the diameter of the reinforcing bar. Immediately prior to installation of the reinforcing bar, blow the hole clean of all debris using compressed dry air. Partially fill the hole with epoxy. Use enough epoxy so that when the bar is inserted, the epoxy grout will completely fill the hole around the dowel. Dip the end of the reinforcing bar in epoxy and install into the partially filled hole. Follow manufacturer's instructions in the use of epoxy. END OF SECTION CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03200 - 5 AUGUST 3,2004 ACE CONCRETE REINFORCEMENT SECTION 03250 CONCRETE JOINTS AND EMBEDDED ITEMS PART1 GENERAL 1.01 SCOPE OF WORK A. This section specifies requirements for all concrete joints, sealed, and embedded items for all cast-in-place concrete. 1.02 RELATED WORK A. Division 3 — Concrete B. Coordinate work of this section with all other sections to obtain a proper installation. Review all drawings and specifications for additional requirements for joints, sealed, and embedded items. 1.03 REFERENCE STANDARDS A. City of Fort Worth Standard Specifications — Items 410.5 and 410.6 B. American Society for Testing and Materials (ANSI/ASTM): 1. ANSI/ASTM A120 — Standard Specification for Pipe, Steel, Black and Hot-Dipped Zinc-Coated (Galvanized) Welded and Seamless, for Ordinary Uses 2. ANSI/ASTM C881 — Standard Specifications for Epoxy-Resin-Base Bonding Systems for Concrete 3. ANSI/ASTM D994 — Standard Specification for Preformed Expansion Joint Filler for Concrete (Bituminous Type) 4. ANSI/ASTM D1190 — Standard Specification for Concrete Joint Sealer, Hot- Poured Elastic Type 5. ANSI/ASTM D1751 — Standard Specification for Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types) 6. ANSI/ASTM D1752 — Standard Specification for Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction 7. ANSI/ASTM D1850 — Standard Specification for Concrete Joint Sealer, Cold- Application Type 8. ANSI/ASTM D2628 — Standard Specification for Preformed Polychloroprene Elastomeric Joint Seals for Concrete Pavements 9. ANSI/ASTM C920 — Elastomeric Joint Sealants C. U.S. Army Corps of Engineers (CRD): CRD-0572 — Corps of Engineers specifications for Polyvinyl Chloride Waterstops. D. American Concrete Institute (ACI): ACI 503.2 — Standard Specification for Bonding Plastic Concrete to Hardened Concrete with a Multi-Component Epoxy Adhesive. 1.04 SUBMITTALS A. Submittals shall be made in accordance with Section 01300. Submit the following items: 1. Shop Drawings: Submit shop drawings showing all concrete joints, proposed sequences for concrete placement, and type of concrete specified. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03250 - 1 AUGUST 3,2004 ACE CONCRETE JOINTS AND EMBEDDED ITEMS 2. Product Data: a. When substitutions are proposed by the Contractor for acceptable brands of materials specified herein, submit brochures, data, and samples of proposed substitutions to the Engineer for approval. b. Submit manufacturer's technical literature on product brands, proposed for use by the Contractor, to the Engineer for review. The submittal shall include the manufacturer's installation and/or application instructions. Submittals shall be made on the following products: (i) Joint sealing compound and primer (ii) Bonding agent PART 2 PRODUCTS 2.01 EXPANSION JOINT FILLERS, NON-BITUMINOUS A. Preformed Type III self-expanding cork filler conforming to ANSI/ASTM D1752. Use non-bituminous for interior slabs. 2.02 JOINT SEALING COMPOUNDS (NON-BITUMINOUS JOINT FILLER) A. Single or multi-component cold-applied elastomeric-type joint sealants conforming to ANSI/ASTM C920. Sealant shall be gray in color. Provide joint primer according to manufacturer's recommendation. 2.03 CONCRETE BONDING AGENT A. Concrete bonding agent shall permanently bond fresh wet concrete to cured concrete and shall conform to ANSI/ASTM C881, Type II. Grade and class shall be as required for the project application. A field service representative of the manufacturer shall be available during initial application to instruct the Contractor in the proper use of the product when so requested by the Engineer or the Contractor. PART 3 EXECUTION 3.01 CONSTRUCTION JOINTS A. Construction joints shall comply with City of Fort Worth Standard Specifications — Item 410.6. 3.02 EXPANSION JOINTS A. Expansion joints shall comply with City of Fort Worth Standard Specifications — Item 410.5. 3.03 SEALING JOINTS A. Thoroughly clean and prime joints to be sealed before applying sealant. Joints to be sealed are identified on the drawings. B. Apply sealants in accordance with manufacturer's recommendations. C. Sealant shall be applied when the ambient temperature is between 40°F and 90°F, unless recommended otherwise by the sealant manufacturer. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03250 - 2 AUGUST 3,2004 ACE CONCRETE JOINTS AND EMBEDDED ITEMS D. During pouring operations, exercise care to prevent sealant from spilling onto surfaces adjacent to grooves. END OF SECTION CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03250 - 3 AUGUST 3,2004 ACE CONCRETE JOINTS AND EMBEDDED ITEMS SECTION 03300 CAST-IN-PLACE CONCRETE PART1 GENERAL 1.01 SCOPE A. This section gives requirements for all cast-in-place concrete. 1.02 REFERENCE STANDARDS A. City of Fort Worth Standard Specifications— Items 406 and 422 B. American Society for Testing and Materials (ASTM). 1. ASTM C33—Standard Specification for Concrete Aggregate 2. ASTM C40—Standard Test Method for Organic Impurities in Sands for Concrete 3. ASTM C136 — Standard Test Method for Sieve or Screen Analysis of Fine and Coarse Aggregate 4. ASTM C150 —Standard Specification for Portland Cement 5. Other ASTM specifications as listed herein C. American Concrete Institute (ACI). 1. ACI 613— Recommended Practice for Selecting Proportions for Concrete. 2. ACI 318— Building Code Requirements for Reinforced Concrete. 3. Other ACI specifications as listed herein. D. Mixer Manufacturer's Bureau of the Associated General Contractors of America 1.03 SUBMITTALS A. All submittals of drawings and data shall be in accordance with Section 01300 — Submittals. 1.04 CONTROL OF CONCRETE MIXTURES A. Consistency: Test for slump shall be performed at the job site immediately prior to placing in accordance with Method of Slump Test for Consistency of Portland Cement Concrete (ASTM C143). If the slump is greater than that specified, the concrete should be rejected. Concrete showing either poor cohesion or poor coating of the coarse aggregate with paste shall be remixed. If the slump is within the allowable limit, but excessive bleeding, poor workability, or poor finishability are observed, changes in the concrete mix shall be obtained only by an adjustment of one or more of the following: 1. The gradation of aggregate. 2. The proportion of fine and coarse aggregate. 3. The percentage of entrained air, within the allowable limits. B. Air Content: Test for air content shall be made on a fresh concrete sample. Air content for concrete made of ordinary aggregates having low absorption shall be made in accordance with either Method of Test for Air Content of Freshly Mixed Concrete by the Pressure Method (ASTM C231), or Method of Test for Air Content of Freshly Mixed Concrete by the Volumetric Method (ASTM C173). If light-weight aggregates or aggregates with high absorptions are used, the latter test method shall be used. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03300 - 1 AUGUST 3,2004 ACE CAST-IN-PLACE CONCRETE C. Unit Weight: Test in accordance with Method of Test for Weight per Cubic Foot, Yield, and Air Content (Gravimetric) of Concrete (ASTM C138), may be used in lieu of the air content test, provided the relationship between air content and unit weight has been established for the materials being used. D. Strength: Compression test specimens shall be made and cured in accordance with Method of Making and Curing Concrete Compression and Flexural Test Specimens in the Field (ASTM C31) and Strength of Molded Concrete Cylinders (ASTM C39). E. Number of Specimens: Number of sets of concrete test cylinders to be cast for each concrete pour shall be as follows: No. C.Y. Concrete Poured Minimum No. Sets of Cylinders 0-25 1 25- 75 2 75- 150 3 150 - 550 4 A "set" of test cylinders consists of six cylinders, two of which are to be broken at seven days and strengths averaged; and two broken at 28 days and strengths averaged. Two cylinders will remain unbroken so that they will be available to be broken upon unforeseen circumstances, or upon the option of the Engineer to break cylinders at different times. F. Quality of concrete and minimum compression strength at 28 days shall be in accordance City of Fort Worth Standard Specifications— Item 406.9. PART 2 PRODUCTS 2.01 MATERIALS A. Products: Shall comply with City of Fort Worth Standard Specifications— Item 406. B. Admixtures: Shall comply with City of Fort Worth Standard Specifications— Item 406. C. Mixing water shall be fresh, clean, and drinkable. 2.02 CONCRETE MIX AND DESIGN CONTROL A. Objective: Select proportion of ingredients to produce concrete having proper placeability, durability, strength, appearance, and other required properties. Proportion ingredients to produce a homogenous mixture, which will work readily into corners and angles of forms and around reinforcement by methods of placing and consolidation employed on the work, but without permitting materials to segregate or allowing excessive free water to collect on the surface. B. Concrete mix shall be in accordance to City of Fort Worth Standard Specifications — Item 406.7, 406.8 and 406.10. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03300 - 2 AUGUST 3,2004 ACE CAST-IN-PLACE CONCRETE 2.03 MIXING NORMAL WEIGHT CONCRETE A. Ready-Mixed Concrete: Mix and transport ready-mixed concrete according to ASTM C94, Specifications for Ready-Mixed Concrete. In addition to normal batch plant procedures as outlined in ASTM C94, provisions must be made at the batch plant for the following items: 1. Arrangement: Provide separate bins or compartments for different-sized aggregates and for bulk cement. Compartments of ample size are required to be constructed so that materials will be kept separate under all working conditions. 2. Weighing of Materials: Aggregates may be weighed in separate weigh batchers with individual scales. Weigh bulk cement on a separate scale in a separate weigh batcher. Observe the following limits of accuracy when weighing or measuring materials: Materials Percent Accuracy Cement 1 Water 1 Aggregates 2 Admixtures 3 3. Water Meter or Batcher: Provide a suitable measuring device capable of measuring mixing water within the specified accuracy for each batch. Note the number of gallons of water as batched on printed batching tickets. 4. Moisture Control: Provide a moisture meter to measure the amount of free water in fine aggregates within 0.3 of a percent. Compensate for varying moisture contents of fine aggregates and change batch weights of materials if necessary before batching. 5. Scales: Provide adequate facilities for accurate measurement and control of each material entering each batch of concrete. Accuracy of weighing equipment must conform to applicable requirements of ASTM and NRMCA for such equipment. 6. Recorders or Printers: Provide recorders/printers to produce tickets. Each ticket will provide a printed record of volume of water and weights for cement as batched and for separate aggregates as batched individually. Use the type of indicator that returns for zero punch or to zero after a batch is discharged. Clearly indicate by stamped letters or numerals the difference between aggregates and cement as batched. Show the time of day stamped or printed at intervals of not more than six minutes. The delivery ticket shall also show the volume of water, in gallons, added at the batch plant. Deliver recorded ticket copies with concrete. The testing agency will keep one copy. 7. Protection: Protect weighing, indicating, recording or printing, and control equipment against exposure to dust and weather. B. Transit Mix Truck Requirements: 1. Clean each transit mix truck drum and reverse drum rotation before the truck proceeds under the batching plant. 2. Keep the water tank valve on each transit truck locked at all times that the truck is in use. Added water must be incorporated by additional mixing of at least 35 revolutions. 3. Equip each transit-mix truck with a continuous, nonreversible, revolution counter showing the number of revolutions at mixing speeds. Counter shall be reset to zero at the batch plant. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03300 - 3 AUGUST 3,2004 ACE CAST-IN-PLACE CONCRETE 4. Transmit mix trucks are to be in good working condition. Trucks that are not mechanically sound, have worn or obstructed mixing fins, have non-functioning drum counters, or have leaking water valves shall not be used. C. Admixtures: 1. Charge air-entraining and chemical admixtures into the mixer as a solution using an automatic dispenser or similar metering device. Measure admixture to within ±three percent accuracy. Do not use admixtures in powdered form. 2. Two or more admixtures may be used in the same concrete, provided that the admixtures in combination retain full efficiency and have no deleterious effect on the concrete or on the properties of each other. Inject the admixtures separately during the batching sequence. 3. Add retarding admixtures as soon as practicable after the addition of cement. PART 3 EXECUTION 3.01 PREPARATION A. Coordination: Mix concrete only in quantities for immediate use. Discard concrete that has set. Retempering of set concrete isnot permitted. Completely discharge concrete at the site within one-hour and 30 minutes after adding cement to aggregate. In hot weather, reduce this time to one hour or less to prevent stiffening of concrete before it is placed. B. Protection from Adverse Weather: Do not permit rainwater to increase mixing water or to damage the surface finish. If rainfall occurs after placing operations begin, provide adequate covering to protect the work. C. Placing Temperature: 1. Hot Weather Concreting. Except as modified herein, hot weather concreting shall comply with ACI 305. At air temperature of 90°F or above, concrete shall be kept as cool as possible during placement and curing. The temperature of the concrete when placed in the work shall not exceed 90°F. 2. Plastic shrinkage cracking, due to rapid evaporation of moisture, shall be prevented. Concrete shall not be placed when the evaporation rate (actual or anticipated) equals or exceeds 0.2 pound per square foot per hour, as determined by Figure 2.1.5 in ACI 305. D. Adjusting Slump. If concrete arrives at the project with slump below that specified, water may be added. Indiscriminate addition of water to increase slump is prohibited. Do not exceed either the maximum permissible water-cement ratio or maximum slump. Mix adjustments to obtain specified slump must be approved and directed by the Engineer. 3.02 REPAIRING SURFACE DEFECTS A. Defective Areas: Repair defective areas immediately after the removal of forms and inspection by the Construction Manager. B. Tie Holes: Patch tie holes immediately after removal of forms. After cleaning and thoroughly dampening the tie hole, fill solid with grout. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03300 -4 AUGUST 3,2004 ACE CAST-IN-PLACE CONCRETE 3.03 FINISHING SLABS AND SIMILAR FLAT SURFACES A. Finishing shall comply with City of Fort Worth Standard Specifications — Item 4010.16 and 410.17. 3.04 CURING PROCEDURES A. Curing shall comply with City of Fort Worth Standard Specifications— Item 4010.18. END OF SECTION CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03300 - 5 AUGUST 3,2004 ACE CAST-IN-PLACE CONCRETE SECTION 03450 PRECAST CONCRETE TRAFFIC BARRIERS PART1 GENERAL 1.01 SCOPE A. This section gives requirements for precast concrete traffic barriers. 1.02 REFERENCE STANDARDS A. Texas Department of Transportation — Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, June 1, 2004. B. American Society for Testing and Materials (ASTM): A36, A108, A153, A185, and A307. C. Prestressed Concrete Institute (PCI): Manual for Quality Control for Plants and Production of Precast Prestressed Concrete Products, MNL116. 1.03 SUBMITTALS A. All submittals of drawings and data shall be in accordance with Section 01300 — Submittals. 1.04 QUALIFICATIONS A. Precast work to be performed by a PCI certified plant regularly engaged in design and construction of structural precast concrete members with a minimum of five years experience. B. Submit name, qualifications, and evidence of five years experience on work comparable to that specified. C. Do not commence work until fabricator (precaster) has been approved. 1.05 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Store and handle basic materials in accordance with Section 03300. Avoid damaging surfaces, edges and corners, and creating stresses within members. 1. Handle and store precast structural members in upright position with points of support in approximately the same position as designated for final position in the structure. 2. Lift members with lifting devices as approved on shop drawings or by other methods approved by the manufacturer in writing. 3. Do not lift and do not transport precast structural members until concrete has attained proper compressive strength as shown on the plans. 4. Mark all structural precast members with correct erection mark corresponding to that shown on the approved erection drawings. 5. Store precast structural members with adequate blocking so that warpage or cracking will not occur. Support fully across the width of the member on battens not less than 4 inches wide. 6. Do not stack members in storage. CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03450 - 1 AUGUST 3,2004 ACE PRECAST CONCRETE TRAFFIC BARRIERS 3.03 HANDLING, STORING, AND HAULING A. Handle members in accordance with details, and at points as shown on the approved shop drawings and erection plans. B. Move no member from casting yard until all requirements for curing and strength have been attained. END OF SECTION CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 03450 - 3 AUGUST 3,2004 ACE PRECAST CONCRETE TRAFFIC BARRIERS SECTION 05500 GUARDRAILS PART1 GENERAL 1.01 SCOPE OF WORK A. Work shall include all labor, materials, equipment, and services necessary to furnish and install steel guardrails as indicated or specified. 1.02 QUALITY ASSURANCE A. Comply with the provisions of the following codes, standards, and specifications, except as otherwise shown and specified. B. ASTM A6 — General Requirements for Delivery of Rolled Steel Plates, Shapes, Sheet Piping, and Bars for Structural Use. C. Field Measurements: Take field measurements prior to preparation of shop drawings and fabrication, where possible, to ensure proper fitting of the work. However, do not delay job progress. Allow time for trimming and fitting when taking field measurements before fabrication, which might delay the work. 1.03 RELATED WORK A. Section 02505— Pavement B. City of Fort Worth Standard Specifications — Item 506 PART 2 PRODUCTS 2.01 MATERIALS A. Metal surfaces, general: For the fabrication of miscellaneous metal work which will be exposed to view, use only materials which are smooth and free of surface blemishes including pitting, seam marks, roller marks, rolled trade names, and roughness. Remove such blemishes by grinding or by welding and grinding, prior to cleaning, treating and application of surface finishes. B. Materials shall be in accordance to City of Fort Worth Standard Specifications, Item 506.2. PART 3 EXECUTION 3.01 CONSTRUCTION A. Construction methods shall be in accordance to City of Fort Worth Standard Specifications, Item 506.3. END OF SECTION CFW0332 ISSUE:0 SECURITY IMPROVEMENTS AT ENTRANCES 05500 - 1 AUGUST 3,2004 ACE GUARDRAILS PART G - CONTRACT THE STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT, made and entered into November l l 2004 by and between the City of Fort Worth, a home-rule municipal corporation located in Tarrant County. Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed "OWNER" and AUI Contractors. L.P. of the City of Fort Worth County of Tarrant and State of Texas Party of the Second Part. Hereinafter termed "CONTRACTOR" WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said Party of the First Part (Owner) to commence and complete certain improvements described as follows: Civil Work Associated with Entrance Security Improvements at North Holly, South Holly and Rolling Hills Water Treatment Plants - Water Project No. PW164-060164050001 and all extra work connected therewith, under the terms as stated in the Contract Documents, and at his (their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, bonds, insurance, and other accessories and services necessary to complete the said construction, in accordance with all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and printed or other written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been identified by the endorsement of the' Contractor and the Engineers thereon, together with the Contractor's Written Proposal and other parts of the Contract Documents hereto attached, including the Fort Worth Water Department General Contract Documents and General Specifications, all of which are made a part hereof and collectively evidence and constitute the entire contract. G-1 The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete same within the time stated in the Proposal. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents and all approved modifications therefor, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in quadruplicate the year and the day first above written. ATTEST: City of Fort Worth Texas Owner Party o the First Part ,Y/jfpy Marc O , Assista t City Manager Marty Hendrix,lCity,Secretary Cortrac A thorition (SEAL) ' 01 — Date WITNESSES: ALTI Contractors, L.P. By: AUI Management,LLC, Gen. Partner i p1/GtPf� By B. Doug Alu baug ,E ec. S. kPproved for the Fort Worth City Water Department: 1-ol a '5�" ;UAMA) S. Frank Crumb, PE, Acting, Water Director Approved as to Form and Legality: Gary Steinbalger, Assistant City Attorney alit�i''l ai ��,� G-2 PERFORMANCE BOND THE STATE OF TEXAS § Bond #8195-64-79 COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1)An Contractors, L.P. , a (2) Limited Partnership of Tarrant County hereinafter called Principal, and (3) Federal Insurance Company a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: Four Hundred Ninety Seven Thousand Seven Hundred Eighty and 00/100 ($ 497,780.00 ) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the day of A.D. 19 a copy of which is hereto attached and made a part hereof, for the construction of Entrance Security Improvements at North Holly, South Holly and Rolling Hills Water Treatment Plants designated as Project No.(s) PW164-060164050001 a copy of which contract is hereby attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the"work". NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, ,., with or without notice to the Surety, and he shall satisfy all claims and demands incurred under the contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. F-1 PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall he in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WIIEREOF, this instrument is executed in six counterparts each one of which shall be deemed an original, this the' day of - A.D. 19 AUI Contractors, L.P. AUI Management, LLC General P tner ATTEST: C AL (4) BY: B. Doug umbaugh, Exe t e Vice President (Principle) Secretary 4775 _North Freeway (SEAL) .-, Fort Worth, Texas 76106 (Address) 9OWitness as to P al Address Federa nsur nee. Com an "jac ATTEST: B : (ADavid' C. (Surety) Secretary 9400 N Central Expwy #950, Dallas, TX 75231 (Address) (SEAL) NOTE: Date of Bond must not be prior to, date of Contract '1 (1) Correct Name of Contractor Z (2) A Corporation, a Partnership or an Witness as Surety - Individual, as the case may be 9400 N Central Expwy #950 (3) Correct name of Surety Dallas, TX 75231 (4) If Contractor is Partnership, all Partners (Address) should execute Bond (5) A True copy of Power of Attorney shall be attached to Bond by Attorney-in-fact F-2 PAYMENT BOND THE STATE OF TEXAS § Bond X8195-64-79 COUNTY OF TA.,RRANT § KNOW ALL BY THESES PRESENTS: That we, (1) An Contractors, L.P. a (2) Limited Partnership of Tarrant County, hereinafter called Principal and (3) Federal Insurance Company , a corporation organized and existing under the laws of the State Indiana and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to in the penal sum of Four Hundred Ninety Seven Thousand Seven Hundred Eighty and 00/100. Dollars ($,497,780.00 ) in lawful money of the United States to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the day of 20_, a copy of which is hereto attached and made a part hereof, for the consideration of: Entrance Security Improvements at North Holly, South Holly and Rolling Hills Water Treatment Plants designated as Project Number PW164-060164050001 a copy of which contract_ is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Chapter 2253, Texas Government Code, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Chapter 2253, and all such claimants shall have a direct right of action under the bond as provided in Chapter 2253, Texas Government Code. � F-3 PROVIDE FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas, State of Texas, and that the said Surety, for value received, hereby stipulates and agrees that no change extension of time, alteration or addition to the terms of the contract or to the work be performed thereunder or the specification accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six counterparts, each one of which shall be deemed an original, this day of , 20 AUI Contractors, L.P. AUI Management, LLC, General Partner Princip 1 ATTEST: BY: B. Doug Alumbaugh, Executive Vice President (Principal) Secretary (Printed Name/Title) (SEAL) 4775 North Freeway Address Fort Worth, TX 76106 ( ness as to Prin ' ) City/State/Zip Federal Insurance Company (Address) (Surety) R ATTEST: / (Surety) Secretary ttorn y-in-Fac (5) David C Oxford 9400 N Central Ex / Address (SEAL) Dallas, TX 75231 i City/State/Zip Note: Date of bond must not be before the date of award of contract Witness as to Sure (1) Correct name of Contractor 9400 N Central xpwy #950, (2) A corporation,partnership,or individual as the case may be Dallas, TX 75231 (3) Correct name of Surety Address (4) If Contractor is a partnership,the Contract must be executed by the managing or general partner of the partnership F-4 MAINTENANCE BOND THE STATE OF TEXAS § Bond #8195-64-79 COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1): UI Contractors, L.P. as Principal, acting herein by and through (2) Limited Partnership its duly authorized and (3) Federal Insurance Company a corporation organized and existing under the laws of the State of Indiana as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort Worth, in Tarrant County, Texas, the sum of Four Hundred Ninety Seven Thousand Seven Hundred Eighty and 00/100 ---Dollars ($497,780.00X lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves, their heirs, executors, administrators, and assigns and successors, jointly and severally. This obligation is conditioned, however; that, ,.. WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth, the Owner, dated for the performance of the following described public work and the construction of the following described public improvements: Entrance Security Improvements at North Holly, South Holly and Rolling Hills Water Treatment Plants all of the same being referred to herein and in said contract as the Work and being designated as Project No.(s) PW164-060164050001 and said contract, including all of the specifications, conditions and written instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof, the same as if set out verbatim herein; and, WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during the period of 2 Years after the date of the final acceptance of the work by the City; and, WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of 2 years ; and, WHEREAS, sad Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it is necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need thereof to repair or reconstruct said work as herein provided. NOW THEREFORE, if said Contractor shall keep its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said �, F-5 contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall remain in full force and effect, and said City shall have and recover from the said Contractor and its surety damages in the premises as prescribed by said contract. This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS, all parties covenant and agree that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas; and, IN WITNESS WHEREOF, this instrument is executed in 4 counterparts, each one of which shall be deemed an original, dated AUI Contractors, L.P. AUI Management LLC General Partner ATTEST: P C1 AL (4) BY: B. oug Al mba g , xauH4 e President 4775 North Freeway (Principle) Secretary Fort worth, Tx 76106 (S E A L) (Address) Witness as to i cipal Address F dera Ins ante Co*�) Su ' t r ATTEST: Byl �,avid C. Oxfod (Attorney-in-f 9400 N Central Ex pwy ��950, Dallas, TX 75231 (Surety) Secretary (Address) (S E A L) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor CL1 (2) A Corporation, a Partnership or an Witness as 6 Surety Individual as the case may be 9400 N Central Expwy #950 (3) Correct name of Surety Dallas, Tx 75231 (4) If Contractor is Partnership, all (Address) Partners should execute Bond (5) A True copy of Power of Attorney shall be attached to Bond by Attorney-in-fact F-6 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 cNues Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Steve RickenbaCher, David C. Oxford, Charles K. Miller, Clinton " Norris,Sophinie Kheang,Sherrel M. Owston, Steven Murphy Lott and Peggy Gradel Hogan Of Dallas,Texas each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 19th day of October,2004 Zn`neth .Wendel, ssistant Secretary (/ John P.Smith,Vice President �✓ STATE OF NEW JERSEY County of Somerset ss. On this 19th day of October, 2004 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted with John P.Smith,and knows him to be Vice President of said Companies;and that the signature of John P.Smith,subscribed to said Power of Attorney is in the genuine handwriting of John P.Smith,and was thereto subscribed by authority of said By-Laws and in deponents presence. KATHERINE KALBACHER Notarial Seal NOTARY PUBLIC OF NEW JERSEY Q. No.2316685 NOTAR Commission Expires July 8,2009 PUBO Notary Public JE CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my=hand and seals of said Companies at Warren,NJ this day of �t1�M,� _ y,pt%xrtr� \as`►MMOF P; 3'�Ko�FO Ov * u 2 �aIANP Kenneth C.Wendel,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 -- e-mail: surety@chubb.com Form 15-10-0225B-U (Ed.5-03) CONSENT This Notice pertains to the following Surety Send issued by a member insurer of the Chubb Group of Insurance Companies,including Federal Insurance Company,Vigilant Insurance Company and Pack indemnity Company. Bond Number. 8195-64-79 POLICYHOLDER DISCLOSURE NOTICE TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that pursuant to the Terrorism Risk Insurance Act of 2002 (the "Act) effective November 26, 2002, we are making available to you coverage for losses arising out of certain, acts of international te certified by the Secretary of rrorism. Terrorism is defined as any act the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure, to have resulted in. damage Within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any'foreign person or foreign interest,as part ,- of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Coverage for acts of terrorism is already included in the captioned Surety Bond. You should know that, effective November 26, 2002, any .losses caused,by acts of terrorism covered by your Surety Bond will be partially reimbursed by the United States under the formula,set forth in the Act Under this formula, the United States of America Pays.90% of covered terrorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage. The portion of your premium that is attributable to coverage for such acts of terrorism is zero, because we could not t distinguish (and separately charge for) acts of terrorism from other causes of loss when we calculated your premium. If you have any questions about this notice,please contact your agent or broker. 4--" JBE3 CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: March 30, 2005 NAME OF PROJECT: North Holly,South Holly and Robina'Hills Water Treatment Plants PROJECT NUMBER: PW164-060164050001 IS TO CERTIFY THAT: AUX CONTRAC 01M L.P. IS,AT THE DATE OF THIS CERTIFICATE,Insured by this Company with respect to the business operations hereinafter described,for the type of insurance and accordance with provisions of the standard policies used by this Company,and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Effective Expires Limits of Liability Workers'Compensation WC3391018-01 5/1/04 5/1/05 $1,000,000/$I,000,000/$1,000,000 Carrier:B Comprehensive General CP03991019-01 5/l/04 5/l/05 Bodily Injury: Liability Insurance(Public Ea. Occurrence:$ 1,000,000 Liability) Property Damage: Carrier: A Ea. Occurrence:$1,000,000 Collapse of Building or CP03991019-01 5/1/04 5/1/05 structures adjacent to Ea. Occurrence:$1,000,000 excavations Damage to Underground CP03991019-01 5/1/04 5/1/05 Utilities Ea.Occurrence: $1,000,000 Comprehensive TAP3991020-01 5/1/04 5/1/05 Bodily Injury: Automobile Liability Ea. Person:$1,000,000 Ea. Occurrence: $1,000,000 Property Damage: Carrier: B Ea. Occurrence:$1,000,000 CP03991019-01 5/l/04 5/1/05 Bodily Injury: Contractual Liability Ea. Occurrence:$1,000,000 Property Damage: Ea. Occurrence: $1,000,000 Other—Umbrella AUC3807872-00 5/l/04 5/l/05 $10,000,000 Each Occurrence Carrier B I 1 1 $10,000,000 Aggregate Limit Locations covered:All iobs Iocations where the named insured is performing work. Description of operations covered:All work performed by the named insured. The above policies either in the body thereof or appropriate endorsement provide that they may not be changed or canceled by the insurer in less than five(5)days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five (5)days actual notice of cancellation to be assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. Agency K&S Group,Inc. 9400 N. nent E 9 allaa TX 23 Fort Worth Agent BELU",�IZ I — C. Address Title Vice-President Carriers: A—Zurich American Insurance Co. B-American Guarantee&Liability Insurance Company "CITY OF FORT WORTH NAMED ADDITIONAL INSURED EXCEPT ON WORKERS COMP WITH GEN LIAB BEING PRIMARY&NONCONTRIBUTORY WITH WAIVER OF SUBROGATION ON ALL POLICIES AS REQIRED BY WRITTEN CONTRACT." CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Veron's Annotated Civil Statues, Contractor Certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth Project Number PW164-060164050001 ATA Contractors L.P. By: AM Management, LLC, Gen. Part er C RACTOR By B. oug Alu augh Executive Vice President Title 0200.E Date STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared B. Doug Alumbaugh. known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of AUI Contractors L.P. for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3 of 20 05 . NOPMUG IEMS TAW LqMVC0WLLV.&ei1,2W ATLFF STAN Public in and fo e State of Texas Page 1 Of 1