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Contract 26963
CITY SECRETARY • D.O.E. FILE CONTRACTOR'S BONDING CO. CONSTRUCTION'S COPY CITY SECRETARY KHA No. 061018011 CONTRACT NO. A to Qg CLIENT DEPARTMENT A- SPECIFICATIONS AND ,. CONTRACT DOCUMENTS FOR THE CONSTRUCTION OF FORT WORTH RICHARDSON SLOUGH SANITARY SEWER LIFT STATION •. PROJECT NO. PS58-070580280010 D.O.E. NO. 3276 Prepared for C0ff 23m,ly Tel. Fort Worth Water Departmen D April 2001 Kimlev-Horn __ and Associates Inc. City of Fort Worth, Texas 4velvor And 4:ouncil communication DATE REFERENCE NUMBER LOG NAME PAGE 7/17/01 **C-18655 60RED 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO RED RIVER CONSTRUCTION COMPANY FOR CONSTRUCTION OF RICHARDSON SLOUGH SANITARY SEWER LIFT STATION IMPROVEMENTS RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $617,034 from the Sewer Capital Project Fund, Retail Sewer Impact Fee to the Commercial Paper-Sewer Fund; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Commercial Paper-Sewer Fund in the amount of$617,034 from available funds; and 3. Authorize the City Manager to accept $361,856 from a developer to participate on the additional load contributed to Richardson Slough sanitary sewer lift station improvements; and 4. Approve the withdrawal of the bid received from G. P. Cooper Industries, Inc. due to a material mistake contained in its bid without recourse to the bid bond; and 5. Authorize the City Manager to execute a contract with Red River Construction Company in the amount of $889,900 for the construction of Richardson Slough sanitary sewer lift station improvements. DISCUSSION: The Richardson Slough lift station has a proposed sewer service basin bounded by Altamesa Boulevard to the north, Hulen Street +to the east, Old Granbury Road to the west, and Steward Feltz Road to the south. The lift station has three construction phases planned to increase the existing sewer service for the entire basin. Approval of this Mayor and Council Communication will allow for the completion of the first phase, which will provide 5 MGD (million gallons per day) of pumping capacity, with 7 MGD of wet well capacity. As development in the area increases, the second phase will upgrade the pumping capacity to 7 MGD. Ultimately, a duplicate lift station and parallel force main will be built to take the total capacity of the lift station to 14 MGD. In order to increase the service area, an additional load from the Summer Creek Ranch development is to be lifted to the Richardson Slough lift station to provide the developer of the Summer Creek Ranch to participate in the upgrading of pumps, motor equipment and other costs in the amount of$361,856. This project was advertised for bid on April 19 and 26, 2001. On May 10, 2001, the following bids were received: f City of Fort Worth, Texas 4IDelyor And 4:0u"Cit 4zommu"icatio" DATE REFERENCE NUMBER LOG NAME PAGE 7/17/01 **C-18655 60RED 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO RED RIVER CONSTRUCTION COMPANY FOR CONSTRUCTION OF RICHARDSON SLOUGH SANITARY SEWER LIFT STATION IMPROVEMENTS BIDDER TOTAL BID *G. P. Cooper Industries, Inc. $ 717,000 Red River Construction Company $ 889,900 North Texas Municipal Construction Company $ 896,000 Linder-Stahl Construction Company, Inc. $ 967,427 Earth Builders $1,046,008 S. L. Siebert Company $1,199,659 A.U.I. Contractors, Inc. $1,260,000 *On May 11, 2001, Mr. Gene Cooper, President of G. P. Cooper Industries, Inc. submitted a written request to withdraw its bid due to a material mistake. The Water Department, the City's consulting engineer, and the City's Law Department staff reviewed the request, the bid, and the supporting information provided by the bidder and concluded that a material mistake had been made. Therefore, City staff recommends the bid of G. P. Cooper Industries, Inc. be withdrawn without recourse to the bid bond. City staff recommends the contract be awarded to the Red River Construction Company, the second lowest bidder. Time of completion of the project is 210 calendar days. The Red River Construction Company is in compliance with the City's M/WBE Ordinance by committing to 23% M/WBE participation. The City's goal on this project is 22%. This project is located in COUNCIL DISTRICT 6, Mapsco 102Q. In addition to the contract cost, $88,990 is required for inspection/survey and project contingencies for sewer improvements. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendation No. 1, and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Commercial Paper-Sewer Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 1&2)PS46 472058 070460280020 $617,034.00 Mike Groomer 6140 2) PS46 541200 070460280020 $528,044.00 Originating Department Head: 2)PS46 531350 030460280020 $ 88,990.00 Dale Fisseler 8207 (from) APPROVED 7/17/01 ORDINANCE NO. 14707 3&5)PS46 541200 070460280020 $889,900.00 Additional Information Contact: 1)PS58 538040 070580200050 $617,034.00 Dale Fisseler 8207 MAY 08 '01 03:30PM KIMLEY—HORN FT WORTH P.1✓3 ADDENDUM NO. 1 3 Pages Fort Worth Richardson slough Sanitary Sewer Lift Station 061018011 Red River Construction Co, 'Linder-Stahl Construction Co.,Inc. 1506 Capital Avenue Suite 200 3200 Cantnell Sansom Rd. Plano,TX 75074 Fort Worth,TX 76131-1606 972-578-0127 917-232-5555 Fax: 972-578-1043 Fax: 817-232-3338 G P Cooper Industries Inc. G.P. Cooper Industries,Inc. �. 1614 south Broadway, Suite 100 1614 South Broadway,Suite 100 { Carrollton,TX 75006 Carrollton,TX 75006 972-245-7960 972.245.7960 Fac: 972-2454970 Fax: 972-245.7970 Smith Pump Company S.L. Sibert Co. 7437 Tower Street 5000 Martin St. Fort Worth,TX 76118 Fort Worth,TX 76116 { 817-589-2060 817446-0009 ` Fax:817-595-4900 Fax; 817-446-0008 Faith Builders, Inc 134 FM 2264 Decatur,TX 76234 940-627.0686 'Fax: 940-627-0687 Architectural Utilities,Inc. n P.O. Box 11586 1 fort Worth,TX 76110 917.926-4377 Fax:817-926-4387 Jackson Construction 5112 Sunt Valley Drive Fort Worth,TX 76119 817-572-3303 Fax:817-478-0443 TNG/North Texas Municipal Construction 6532 Lafayette Way Dallas,TX 75230 972-490-0711 Fax; 972-866-7571 TRC Construction 109 Goliad Benbrook,TX 76126 817-249-1090 Fax: 817-249-9201 U. 8, Filter Co. 4333 Irving Blvd. Dallas,TX 75247 214.631-9410 Fax: 214-905-0768 Pump Station 10506 Mills Walk Houston,TX 77070 281.469-6230 -- I Fax: 281-469-6240 61018,011UtrBiddM likdoa 05/08/01 TUE 14:32 [TX/RX NO 92181 MAY 08 '01 03:30PM KIMLEY-HORN FT WORTH P.2i3 KHA NO.061018011 ADDENDUM NO. 1 RICHARDSON SLOUGH SANITARY SEWER LIFT STATION for the CITY OF FORT'WORTH,TEXAS Date Issued:May 8,2001 The following revisions and clarifications are hereby made to the bid documents for this project: I. Technical Specification SECTION 11100 Non-Clog Submersible Sewage Pumps: Revise Section 2.01 Conditions of Operation to read' "Each motor shall be rated 100 H.P. or less,460 volts,3 phase,60 Hertz, 1750 R.P,M. or less. - Three pumps operating in parallel shall produce 4,862 GPM(7.0 MGD)at 110 feet TDH and two pumps operating in parallel shall produce at least 3,473 GPM(5.0 MGD)at 89 feet TDH,with a minimum pump efficiency of 70%.The pump shall be capable of handling a 3" spherical solid.The pump shall be non-overloading throughout the entire range of operation without employing a service factor. The motor skull reserve a minimum service factor of 1.15," Revise Section 2.02 General Construction,Part A to read: "Pumps shall be manufactured by Flygt,Fairbanks Morse,or KSB." 2. Technical Specification SECTION 11700 Plug Valves: .Revise Section 2.01 Plug Valves Part A Requirements to read: "The contractor shall furnish and install four (4) 10" Series 100 eccentric plug valves as manufactured by De Zurik Corporation or approved equal. Plug valves shall be 1/4 tum, eccentric, non-lubricated type, serviceable under full line pressure, and capable of sealing in both directions at the rated pressure. Plug valves shall have a minimum port area of 80%of the nominal pipe size." w Revise Section 2.01 Plug Valves Part CActuators to read: "Plug valves shall be equipped with totally enclosed handwheel actuators. Actuator shall clearly a indicate valve position and an adjustable stop shall be provided. Hardware on actuators shall be of the same materials as the valves. The valve shall be opened by turning the handwheel in the counter-clockwise direction." 3. Special Provision D-124 Description of Pay Items,Bid Item 9—Sanitary Sewcr Lift Station, The following clarification is provided: n The Bid Item 9 pay item description includes the description of two sanitary sewer manholes to be lined with the lining/coating system: The first manhole is located at Station 0+12 of the sanitary sewer main(the first manhole immediately upstream of the wet well structure). The second manhole to be lined(not shown on the plans)is a 5' diameter manhole,approximately 11' deep, located at the end of the existing sanitary sewer force main approximately 3,100 feet from the project site. 05/08/01 TUE 14:32 [TX/RX NO 92181 MAY 08 '01 03:31PM KIMLEY-HORN FT WORTH P.3i3 4. Technical Specification SECTION 01340 Shop Drawings,Product Data, and Samples: The following clarification is provided: -� Section 1,02E requires project photographs.•These photographs will only be required as necessary to demonstrate project progress when requested by the owner. If requested,digital copies of the photographs will be required. ~ 5. Technical Specification SECTION 16220 Portable Generator: The following clarification is provided: Approved equal ergines are allowed as described in the referenced specification. 6. Construction Plans Sheet 10 of 14,Construction Details: Revise the General Notes as follows; Delete General Note 5 in its entirety. No rain gutter will be included in this project. Revise Front Section 2/10 as follows: Delete the note referring to the rain gutter. No rain gutter will be included in this project. The back plate shall be constructed of Galvalum 26 Gauge corrugated metal roofing as used on the roof, instead of 1/4"thick aluminum plate. - Revise Roof Plan 1/10 as follows, Delete the reference to TS4x3x1/4"along the front of the roof. A C3x6 member shall be used as indicated. 7. Construction Plans Sheet 12 of 14, One Line Diagram and Schematics: The following clarification is provided: Starter No.4 will be provided in the future and is not to be provided in this contract. Space for Starter No.4 shall be provided on the electrical equipment rack. All other provisions of the contract documents,plans and specifications shall remain the same. Bidders shall acknowledge receipt of this addendum in the space provided on the Bid Form. Any bids received without acknowledgement may be disqualified by the City. CITY OF FORT WORTH,TEXAS By: Bob!well City Manager Addendum Prepared by: Kimley-Horn and Associates, Inc. rwe 1019.01 1\D0C\ADDENDr,DOC 05/08/01 TUE 14:32 [TX/RX NO 92181 - MAY 08 '01 03:31PM KIMLEY-HORN FT WORTH14 w P.1/4 /J PRE-BID CONFERENCE-ATTENDANCE SHEET T CITY OF FORT NORTH WATER DEPARTMENT RICHARDSOIN SLOUGH SANITARY SEWER LIFT STATION PROJECT No. PS58-070580280010 DOE No. 3276 May 4, 2001 9:30 a.m. CHECK IF NAME PHONE & FAX COMPANY MWBE 1. �i7 ''�i`�iS'(wS�I� ❑ r rj 2. Gar Y 3. - 417- ¢Lb,e470,? ❑ 4. 7 z-578,-OV7 n &,V.3 Fog:-,f-e c)-Tz-S18.f0Pvl. T ❑ 5- V 7-cizc- 93-7 7 ❑ J` f �E' DA kC 371�-9 7 G 1(3 d' � u, � �[7E(,�71�'i� 6. v l7, 7. G'flRrS ftnRn� �'�1- fo,j (4,1.,, f(. 8. (29 ()+GHQ-102,lp �ir< ��otztl. PUMP So rluk-&,i��, n 9. J- /vPIZ- - i0. p s 77 05/08/01 TUE 14:32 (TX/RX NO 92181 MAY 08 '01 03:31PM KIMLEY-HORN FT WORTH P.2i4 12. 4t/o -62'�-66W, 2.-• h ug fd,� X7�- �� r ti A4 vs �� 9 yo��z�-v6ss� ❑ �Cr l` q 72 1aa� 07� 7t1 G /VO r ❑ 977`�(k7�-7j /Ii aP/QfAc. ��d�. Cu. -- la6t!>t� c neat z-us-?�i6� 4- �, cep ousrn► 15. 16. 17. Q 18. 19. Q 20. 21. 22. _s ❑ pAN1018.01 i\IWprcbi43$tWa.Aoc .v r 05/08/01 TUE 14:32 (TX/RX NO 92181 MAY 08 '01 03:31PM KIMLEY-HORN FT WORTH P.3i4 MEETING MINUTES FOR MANDATORY PRE-BID CONFERENCE CITY OF FORT WORTH WATER DEPARTMENT RICHARDSON SLOUGH SANITARY SEWER LIFT STATION PROJECT No. PS58-070580280010 DOE No. 3276 Date: Friday, May 4, 2001 Place: Water Department Administrative Conference Room#225 City of Fort Worth Municipal Office Building 1. Meeting commenced at 9:30 a.m. 2. The bid opening time and date, as per the Notice to Bidders and Prebid Agenda, was discussed. 3. Prequalification requirements for the project were discussed. 4. MWDE requirements for the project were discussed. 5. Addendum No. 1 is scheduled for release on Tuesday,May 8, 2001. 6. The floor was opened for contractor questions. a. Is Raven 405 the only coating allowed? Yes. b. Which Sanitary Sewer Manholes are required to be lined? KHA will provide clarification in Addendum,No. 1. C. Can the top 4' of the existing wetwell and drypit structures (to be removed) be buried with the structure? Yes. d. What brand of Autodialer is required for the pump controls? The contractor/supplier was directed to the specifications. e. If there is a contradiction between the Special Conditions (Part D) and the Technical Specifications (Part E), which governs? In case of conflict, the Technical Specifications(Part E)will govem. f. How many project photos will be required? KHA will clarify in Addendum No. 1. Regarding the generator specification, will Caterpillar be accepted? KRA will clarify in Addendum No. 1 7. Meeting Concluded at 9:48 am. and KHA went to the project site for a facility tour. 05/08/01 TUE 14:32 [TX/RX NO 92181 MAY 08 '01 03:31PM KIMLEY—HORN FT WORTH P.4i4 S. The following questions were asked at the project site: a. Can a temporary fence be installed from the east side of the gate along the access road and around the site in order to protect cattle and allow the gate to remain open? Temporary fencing used to protect livestock is the sole responsibility of the contractor. The contractor must contact the property owner(s) to obtain permission for the erection of temporary fencing. No additional payment will be made for temporary fencing. b. Can excavated material be used to build up the access road? No. Excess excavated material cannot be used to build up the access road. C. Do you have the name of the property owner so that we may contact them? KHA will provide. [Mr. Felix Chen is the property owner for the property - adjacent to the project site. His real estate agent is Mr_ Shane Jordan. Mr. Jordan may be reached at (972) 231-8600. TXU is the property owner for the property in which the easement is located. The contact person for this property - is Mr. Jerry Rider. He may be reached at (214) 875-3092.) 9. The following people were in attendance for the mandatory prebid meeting: a. Michael DeMotte Kimlcy-Horn and Associates, Inc. b. Glenn Gary,P.E. Kimley-Horn and Associates, Inc. t c. Bill Harrison S.L. Sibert d. Dean,Porter Red River Construction e. Steve Dake A.U.I. Contractors L Vern Franklin Linder-Stahl Construction g. Chris Harder,P.E. Fort Worth Water Department h. Phil Korenek Pump Solutions,Inc. = i. Tom Smith A-E-1 j. Ken Peichel Darr Equipment k. Linda McClellen A-E-1 1. Dale Moser Earth Builders M. Mike Daigre TNG/North Texas Municipal Construction Co. n. Gene Cooper G.P. Cooper Industries __ P•�ooioie.au�u�taKa�ammuKc,aoc 05/08/01 TUE 14:32 [TX/RX NO 92181 RICHARDSON SLOUGH SANITARY SEWER LIFT STATION APRIL 2001 ® FWWD PROJECT NO. PS58-070580280010 D.O.E. PROJECT NO. 3276 c,�P�E•OF•TF-ry��� Glenn A. Gary, P.E. %* •~•`'*'� Kimley-Horn& Associates, Inc. ••°•••••••••••••••• :tjl 801 Cherry Street, Suite 1100 �•. GLENN A. GARY Fort Worth, TX 76102-6803 i 9 80598 Q of �`�N` � .-Pd•� OF r�� G. Brad Tribble, P.E. e4 Kimley-Horn& Associates, Inc. yt 801 Cherry Street, Suite 1100 OL 8L Fort Worth, TX 76102-6803 ; :00 Al, e Joseph J. Kotrla 0 Gojer-McCreary, Inc. h -1-S, Zo .al 6310 LBJ Freeway, Suite 217 Dallas, TX 75240 JOSU"J.KOTRMA ., •0 56361' • t S10N L �� M► TABLE OF CONTENTS Part Notice to Bidders A Special Instructions to Bidders A Proposal B Minority and Women Business Enterprises Specifications B General Conditions C Supplementary Conditions CS Special Conditions D Special Specifications E Division 1 - General Requirements 01210 Pre-Construction Conference 01220 Project Meetings 01310 Schedules, Reports, Payments 01340 Shop Drawings, Product Data and Samples 01410 Testing and Laboratory Services 01500 Construction Facilities and Controls 01630 Substitutions and Project Options 01720 Project Record Documents 01730 Operation and Maintenance Data Division 2 - Site Work 02070 Lift Station Demolition 02831 Chain Link Fencing 02936 Seeding of Disturbed Areas Division 9 - Finishes 09900 General Painting 09910 Wet Well Coating System Division 11 - Equipment 11100 Non-Clog Submersible Sewage Pumps 11200 Guide Rail Station 11300 Access Hatches 11400 Valve Vault Grating 11620 Ductile Iron Pipe and Fittings 11643 Air Release Valves 11660 Check Valves 11700 Plug Valves 11800 Gate Valves Part E Division 16 - Electrical 16010 Electrical General Provisions 16110 Raceways 16120 Wire and Cable 16191 Dry Type Transformers 16199 Miscellaneous 16210 Electric Service 16220 Portable Generator 16310 Motor Control 16410 Underground 16450 Grounding 16910 Instrumentation Geotechnical Report E Building Permit, Sanitary Sewer Easement Record, and Project Site Deed Record E Certificate of Insurance/Bonds/Contractor Compliance With Worker's Compensation Law F Contract G NOTICE TO BIDDERS Sealed proposals for the following: FORT WORTH RICHARDSON SLOUGH SANITARY SEWER LIFT STATION PROJECT NUMBER(S): PS58-070580280010 DOE NO. 3276 Addressed to Mr. Gary Jackson, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 P.M., Thursday,May 10, 2001 and then �- publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Contract Documents for this project may be obtained at the office of Kimley-Horn and Associates, Inc., 801 Cherry Street, Suite 1100, Fort Worth, Texas for a non-refundable deposit of $50.00 per set. Plans will be available on Monday, April 23`d 2001. Prequalification according to Fort Worth Water Department Contract Specifications (as listed in the Special Instruction to Bidders) is required; General Contract Documents and General Specifications for Water Department projects, dated January 1, 1978, with the latest revisions, also comprise a part of the Contract Documents for this project and may be obtained by paying a non-refundable fee of$50.00 for each set, at the office of Water Department, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. .. In addition, the Standard Specifications for Street and Storm Drain Construction of the City of Fort Worth Transportation and Public Works Department form part of this project, and a copy of this document may be obtained by paying a non-refundable fee of$30.00 at .,. the TPW office in the Municipal Building. Bid security is required in accordance with the Special Instructions to Bidders. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within forty-nine(49) days after this documentation is received,but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. A pre-bid conference will be held at 9:30am on Friday, May 4, 2001 at the Water Administrative Conference Room # 225, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. Attendance is 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. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at(817) 871- 7910. In accord with City of Fort Worth Ordinance No. 11923, as amended, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation") as appropriate. The Documentation must be received 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 your bid non- responsive. For additional information, contact Kimley-Horn and Associates,Inc. at(817) 335-6511. GARY JACKSON GLORIA PEARSON CITY MANAGER CITY SECRETARY Department of Engineering A. Douglas Rademaker, Director Advertising Dates: By April 19, 2001 Rick Trice, P.E. April 26, 2001 Manager, Consultant Services SPECIAL INSTRUCTIONS TO BIDDERS 1) PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement,an acceptable experience record,an acceptable equipment schedule and any other documents the Department may deem necessary,to the Director of the Water Department at least seven(7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one(1)year old. In the case that a bidding date falls within the time a new statement is being prepared,the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project,it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City,in its sole discretion,may reject any bid for failure to demonstrate experience and/or expertise. n. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened,and if inadvertently opened,shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications(financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check,or an acceptable bidder's bond,payable to the City of Fort Worth,in an amount of not less than five(5%)percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the bond,(1)the name of the surety shall be included on the current U.S.Treasury List,or(2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth(1/10)the total capital and surplus. 3. BONDS: A performance bond,a payment bond,and a maintenance bond each for one hundred (100%)percent of the contract price will be required,Reference C 3-3.7. 4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth,Texas, and as set forth in the Contract Documents must be paid on this project. 5. AMBIGI TY: In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the .. lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder"means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. , The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is$25,000.00 or less,the contract amount shall be paid within forty- five(45)calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy("Policy")of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers,members,agents employees,program participants or subcontractors,while engaged in performing this contract,shall, in connection with the employment,advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against persons because of their age except on the bases of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,employees, subcontractors,program participants,or persons acting on their behalf,shall specify, in solicitations or advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend,indemnify and hold City — harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal,state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND VV OMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 11923,as amended,the City of fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary.The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation")as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. 12. Upon request,Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise(MBE)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 than three(3)years. Revised 1/27/99 an r.. PART B - PROPOSAL (This proposal must not be removed from this book of Contract Documents.) TO: Gary Jackson City Manager Fort Worth, Texas PROPOSAL FOR: The furnishing of all materials, equipment and labor for the installation of a sanitary sewer system and all necessary appurtenances and incidental work to provide a complete and serviceable project designed as: FORT WORTH RICHARDSON SLOUGH SANITARY SEWER LIFT STATION PROJECT NO. PS58-070580280010 T D.O.E. NO. 3276 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, 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: Furnish and install, including all appurtenances work, complete in place, for the following items as described by the "Fort Worth Water Department Technical Specifications," the "Fort Worth Transportation and Public Works Department Standard Specifications for Street and Storm Drain Construction," and in Special Condition D-124: r B1 Item Spec. Estimated Name of Pay Item with Unit Bid Amount No. Item Quantity Unit Unit Price in Words Price Bid ] BASE BID- FORT WORTH RICHARDSON SLOUGH SANITARY SEWER LIFT STATION 1. D4,34,65,124 1 LS Mobilization Q $ Y60 o° Dollars And Cents Per Unit 2. D-20,31,55, 6 EA 6' Dia.Sanitary w r Manhole 102,124 b1 1 WS t9N 1 Qo E1-14,20 — Dollars $ E2-14,20 Detail 4/9 And Cents Detail 5/9 Per Unit 3. D-8,102,124 86.3 VF Extra Depth for 6' Dia. Sanitary Sewer E1-14 Manhole 7U0 14u Nb yet ?— 1j Dollars $ 00 $ ?3jR2� And Cents Per Unit 4. D-8,15,19,26, 54 LF 36" F 679 T-IA PVC Sanitary Sewer 31,55,70,89, Line @ ,,__ • 92,102 �ff � BTU N l7�2tf- E1-2,3,28 U t N £ = E2-2,3,9 � Dollars $ I� ©o $ -429 And N Cents Per Unit �. 5. D-8,15,19,26, 235 LF 27" F 679 T-IA PVC Sanitary Sewer 31,55,70,89, Line 92,102 -lb 1-x(.1 17. X 67 E1-2,3,28 -5t OF�'T�/ Dollars E2-2,3,9 Cents And All? Cents 7 - OD $� Per Unit 6. D-19 330 LF Trench Safety Dollars And No Cents $ pp $) +(o5 j, Per Unit — 7. D-92 289 LF Post Construction Television Inspection of SaniqU Sewer Line @ Dollars $ And N O Cents Per Unit B2 a.r Item Spec. Estimated Name of Pay Item with Unit Bid Amount W" No. Item Quantity Unit Unit Price in Words Price Bid 'ft 8. D-23,31,124 1 LS Connection to Existing Sanitary Sewer Lines @ L ( 7-IOtos o-n1 i r-- Dollars And N 0 Cents r. Per Unit yon oo Ocx� os 9. D-8,25,47, 1 LS Sanitary Sewer Lift Station @ 110,124b E1-2,3,6,16, $ �r 20-22,28 p\n E2-2,3,9, 16,20-22 09910,09900 02620,02643 LkS`q)'6 Dollars 02660,02700 Item 400,406, And Cents 410,424,428, Per Unit 430,432 10. D-124 1 LS Pumps, Controls, and Electrical Ccs .. 11100 '.- 11200 ©���N17#Ce-A A/l - $ 9 &0, $mac) A 11300 �j �( E' us "bpoiiars �• 11400 Division 16 And /V 0 Cents Per Unit 11. D-124 1 LS Diesel Generator Ccs 16220 �• 0\),S Pll� 7 Dollars --.--And K'10 Cents Per Unit .. 12. D-19,25,26, 35 LF 16" C-905 DR-18 PVC Sanitary Sewer 31,70,89,102 For Main Pipe @ ©p do E1-2,3 \N� '� -}�� . — $ 3 $1)i56. .. E2-2,3 Dollars 02620 And ASO Cents Per Unit 13. E1-10 3 EA 16" C-509 Gate Valve @ E2-10 ,,. D-124 \IN C, ).A nus gioz ooto Figure 4 Dollars $$V 01 And Cents an Per Unit B3 a Item Spec. Estimated Name of Pay Item with Unit Bid Amount Lam No. Item Quantity Unit Unit Price in Words Price Bid ..r 14. D-25,124 0.5 TON Ductile Iron Fittings @ $ �( 7 U 5 8-A!`1� f_ko <4UN oie� Dollars $ �� $.� And 03 Cents Per Unit 15. D-23,124 1 LS Salvage and Demolition @ 02070 $-30 Dollars 09 '" = And Pic) Cents Per Unit 16. D-41,57,110,124 1 LS Sitework @ 02200 � 02831 1 Q ff7 ):06 US P 1� — Dollars $�t �v $gi�fla And NQ Cents Per Unit 17. Item 314,504 350 SY Concrete Pavement @ .�Q Detail 6/9 Detail 3/10 Detail 8/10 — Dollars y` And TSO Cents Per Unit 18. Item 210 350 SY Lime Treatment @ Detail 8/10 Dollars $$ $ �� And Cents Per Unit 19. Item 212 4.2 TON Hydrated Lime(@ 24 lbs/SY)@ Detail 8/10 -(-N Dollars $ —`�— And Cents Per Unit 20. Item 208 400 SY Flexible Base @ D-124 -�- , .. ._-- $ 10 0o $ p Dollars And \-I L> Cents �• Per Unit B4 Item Spec. Estimated Name of Pay Item with Unit Bid Amount No. Item Quantity Unit Unit Price in Words Price Bid 21. 02831 492 LF Chain Link Fencing @ Detail 1/9 El r 7-&:451v -� �— Dollars $ �d $� 0• And �j L-) Cents Per Unit TOTAL AMOUNT BID BASE BID �1 0,11- 14 (i �►�'� N �C,1 '�1 1`t CCi I uS11'V� DOLLARS And �� CENTS $ �� ATTACH NAME OF MANUFACTURER AND MODEL OF PROPOSED PUMPS r� rr� B5 Within ten (10) days after receipt 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% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certifies that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and .� conditions of those General Documents and these specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by the City Ordinance No. 7400. (Complete A or B below, as applicable) _ A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business are required to be percent lower than resident bidders by state law. A copy of the statue is attached. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. XB. The principal place of business of our company or our parent company or majority owner is in the State of Texas. 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. .w 136 The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within the number of working days listed below after beginning construction as set forth in the written work order to be furnished by the Owner: 210 calendar days 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: too Addendum No. 1 (initials) DP 1�r Addendum No. 2 (initials) Addendum No. 3 (initials) Respectfully submitted, (SEAL) If Bidder is Corporation Red River Construction Co. ® By Title Dean Porter, Chairman Address 1506 Capital Avenue, Suite 200 Plano, Texas 75074 Telephone 972/578-0127 B7 - OtI.12/01 01:08 FAX 972 578 1049 Red River Construction Z001 RED RIVER CONSTRUCTION CO. a GENERAL CONTRACTOR a e WATER TREATMENT FACILITIES• June 12,2001 FAX TO: 817-871.-6185 City of Fort Worth M/WBE Office 1000 Throckmorton, Room 245A Fort Worth,TX 76102-6311 Attn: Rachel Ortega Re: Richardson Slough Sanitary Sewer Lift Station Ms. Ortega, Attached is revised documentation concerning our M/WBE utilization for the above project. As per our June 8"letter, we were waiting on pricing from M/WBE electrical subcontractors. if awarded the project, we will subcontract the complete electrical system to Twisted J. This will give us a total M/WBE participation of 24.2%which exceeds your goal of 22%. We still disagree with your comments concerning the 10 day notice. We contacted several suppliers and subcontractors only two or three days before the project and they were able to provide quotes. The joke in the industry is that Contractors and Suppliers don't even start looking at a project until the night before. We feel the City should review this policy. Should you have any questions, please feel free to contact us. Thank You, Red,River Construction Co- Dean aDean porter Chairman/Treasurer xc: Wendy Chit-Babulai, Water Engineering Services- 817-871-8195 1506 Capital Avenue,Suite 200 Phone: (972)578-0127 Plano,Texas 75074 Fax: (972)578-1043 06/12/01 01:08 FAX 972 578 1043 Red..River Construction (x002 ATTACHMENT t A PAGE t oI City of Fort Worth Minority and Women Business Enterprise Specifications MBEMBE UTILIZATION FORM Red River Construccion Co. liar 10, 2001 Matsu:CUA PANY N AN Bit)VATr: _ Ft. Worth Richardson Slough PS58-070580280010 PROJECT NAME PROJECT NUMBER — 22Z 24.2% CITT•S M/WBE PROJECT GOAL M/WBE PERCENTAGE ACHIIEVED - Failure to complete this form, In Its entirely with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days atter the bid opening, exclusive of the bid opening date, Will result it) the bid being considered non-responsive to bid specifications. The undersigned bidder agrees to enter Into a formal agreement with the MISE and/or WBE firms for work listed In this schedule, conditioned upon execution of a contract with the City of Fort Worth. The Intentional and/or knowing misrepresentation of facts Is grounds for consideration of disqualification and will result In the bid being.considered non-responsive to specifications. t ;G�n1p ijY b A� a�noF Y 11Ce►�illddr 'S otilyr'�I,1 Caj�lydc Irl i7 I e ". � �� ' , oil -Amourn i r� 'cTr o"t{o—"No'f' 6Y >+ h Scop'o'D(_VVprk(tj:,1� pt t�9, '� �r''+" ( �Y �:'' v1 �►` .)% :ti, yet ', f J• orf� r•4�''��;1J, � , r 1 �,I��"~;��1 � , t •i:r �',� r;+�"�L .r�,►��{� �,����,�1F.y l.��,��,t r• , ,�' � ..p ��� S . ' t '�� t� ? v .��; �.. a 'r��• � ,1+ e ( ��l�'.t,;._•11:.�r:•t�_`!{'.;;�' 'M��{,1�f.�►tbt( �" 17 (4• �.. i����'�'::•. dtry �� +� f { ..� , (,�t}t,_`,i (�f�t ► r t�rS: �� 1�� ,Jf,'`i!`• 4 fI ��J 11 �1 _, �Y �j, �iJ�+,1S.,ly`.A7„'r�11;. nl. �.� it� 1��1 )M M�.�•:�1�•,r ,l'�� 4 trvF� r. Spelunker Pipeline unknowi CCTV Inspection Ist $600.00 Services of 289 if 27" PO Box 173367 post constructio 4 hrs @ $150 00 ArLington, TX 1603 pipe 81,71516-7391 Joe Hernandez Enterprisei unkno 7805 Wanebe MBE trucking 1st $12,000.00 Dallas. TX 75235 400 hrs @ $30 972/869-1694 hr, Joe Hernandez -.,backfill material, 1st 13,388.00 Rebar Services WBE rebar 1st $23,500.00 1390 Gilman Road Ft, Worth, TX 76140 811/483-4603 MMSEs must be located in 9(nine)county marketplace or currently doing business in the n,aeketplace at the time of bid. (')Spedly all areas In which MAYBEs we to be utiAt:ed and/or hems to be supplied. 1 (')A Complete fistiN of items to be supplied is required In order to received credit toward the M(WBE Goal. I (")Identity each Tier level. Tier. Means the level of subcontracting below the prime contractor/consultant.i•e. a direct payment from the prime contractor to subcontractor Is considered t" liar. payment by a subcontractor to Its supplier is ccrsidared z"r tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m.,FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING.EXCLUSIVE OF 010 OPENING DATEOPENING 06/12/01 01:09 FAX 972 578 1043 Red River Construction Z003 ATTACHMENT I A PAGE 2 of City of Fon Worth Minority and Women Business Enterprise Specifications llnl CA �8�1�%� �� t� : t? c NO AY • � Wtt�f(Od q � Cdntr6Ct1(� UOILW AYtto ; ylld J"'°' r] pe;tif�Wg ° :. . 'Jog'• en 11, :�-,::,K >J,'. �o... .•t ,', 1T.3�. ;�, . :vF.: nt: �� l,.�: ;S ��D.:� VIUI'6 ., JL, Steel, LP MBE tie re ar _ _ s $13,869.00 PO Box 1910 - i koanoke, TX 76262 817/430-2410 Noel Guajar La Fer Associates VIBE -_ miscellaneous 1st $15,120.00 601 White Rock Trail, 12LZ metals Dallas, TX 75238 214/148-9814 arry Fergus Dn V Twisted J WBE electrical 1st $116,910.00 t PO Box 2012 subcontract ` Arlington, TX 76004 8171478-1186 BRJ Paving M/WBE Paving st $21,149.00 12448 Rendon Rd 'Burleson, 817/478-0927 Larrie Pitts. .' The bidder further agrees to provide, directly to the City upon request, complete and accurate Information regardim actual work performed by all subcontractors, Including MBE (s) and/or WBE(s) arrangements submitted with this bill The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate (tic actual work performed by the MSE(s) and/or WSE(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 terminaling thrl contract or debarment from City work for s period of not less than three (7)years and for initialing 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 fur a period of time not less than one(1)year. ALL MBEs and Waco MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD ` Dean Porter Authorized Signature Printed Signature Chairman Dean Pgrtgr, Chairman __• Title Contact Name and Title(If different) Red River Construction Co. 972/578-0127 _. Company Name Telephone Number(s) 1506 Capital Avenue, Suite 200 972/578-1043 Address Fax Number Plano, Texas 75074 June 12, 2001 CitylStatelZip Code Data Ti1lS FUR}I MUST BE KECEI ED BY THE%NtA--ACt-%G DEI'.%RTSIE\T BY s:att pare FIVE to CITY BUSINFSS DAYS,AFTER B1U OPENI\G,EXCLUSIVE OF BID OPE\I�G DATEOVENISC o_ 6;.7 Qj .. PART C MIVA .. 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 Cl-1 (2) Cl-1.3 Notice to Bidders Cl-1 (2) Cl-1.4 Proposal Cl-1 (2) C1-1.5 Bidder Cl-1 (2) C1-1.6 General Conditions Cl-1 (2) C1-1.7 Special Conditions Cl-1 (2) Cl-1.8 Specifications Cl-1 (2) Cl-1.91 Bonds Cl-1 (2) C1-1.10 Contract C1-1 (3) .. C1-1.11 Plans C1-1 (3) C1-1.12 City Cl-1 (3) C1-1.13 City Council Cl-1 (3) C1-1.14 Mayor Cl-1 (3) C1-1.15 City Manager C1-1 (3) ® C1-1.16 City Attorney Cl-1 (3) C1-1.17 Director of Public Works Cl-1 (3) C1-1.18 Director, City Water Department Cl-1 (3) .. C1-1.19 Engineer Cl-1 (3) C1-1.20 Contractor Cl-1 (3) C1-1.21 Sureties Cl-1 (4) CI-1.22 The Work or Project C1-1 (4) C1-1.23 Working Day CI-1 (4) C1-1.24 Calendar Days Cl-1 (4) C1-1.25 Legal Holidays C1-1 (4) C1-1.26 Abbreviations Cl-1 (4) Cl-1.27 Change Order Cl-1 (5) Cl-1.28 Paved Streets and Alleys Cl-1 (5) C1-1.29 Unpaved Streets or Alleys Cl-1 (6) C1-1.30 City Street C1-1 (6) C1-1.31 Roadway Cl-1 (6) Cl-1.32 Gravel Street Cl-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) r. C2-2.3 Examination of Contract Documents and Site of Project C2-2 (2) C2-2.4 Submitting of Proposal C2-2(2) 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 C44 (2) C4-4.5 Extra Work C44 (2) C4-4.6 Schedule of Operation C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C44 (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) C5-5.5 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) 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) i 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) 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) i 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: i 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 EI-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) i PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS i, PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G -CONTRACT PART H - PLANS (Usually bound separately) ., C1-1 (1) i C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C 1-1.4 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. a` 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. . CI-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which set forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed an useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C 1-1.9 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) .r 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. C1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of the Contracts involving the City of Fort Worth is by Charter vested in the City Manager.The terms City and Owner are synonymous. C 1-1.13 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. i C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort i Worth, Texas, or his duly authorized representative. C1-1.17 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. i 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. C 1-1.20 CONTRACTOR: The person, person's, partnership,company, firm, association, or corporation, entering into a contract with the Owner for the execution of work, acting Cl-1 (3) ow 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. 4 C1-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all } labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6 C 1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. 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 i 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: Cl-1 (4) AASHTO - American Association of State MGD - Million Gallons Highway Transportation Officials per Day ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second IAW - In Accordance With Min. - Minimum ASTM - American Society of Testing Mono. - Monolithic Materials % - Percentum AWWA - American Water Works R - Radius Association I.D. - Inside Diameter ASA - American Standards Association O.D. - Outside Diameter HI - Hydraulic Institute Elev. - Elevation Asph. - Asphalt F - Fahrenheit Ave. - Avenue C - Centigrade Blvd. - Boulevard In. - Inch Cl - Cast Iron Ft. - Foot -� CL - Center Line St. - Street GI - Galvanized Iron CY - Cubic Yard Lin. - Linear or Lineal Yd. - Yard lb. - Pound SY - Square yard MH - Manhole L.F. - Linear Foot Max. - Maximum D.I. - Ductile Iron Cl-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25%of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. 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. CIA (5) C1-1.29 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. i CIA (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 Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and 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. .. C2-2(1) C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the Owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be 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 which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown 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 partnership,.the name and address of each member of the firm, association, or partnership, or by person duly authorized. If a proposal is submitted by a company or corporation, the company or corporation name and business address must be given. and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power C2-2(2) "'~ r r of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. 00 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 furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually 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. i 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. r 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. i C2-2(3) OR C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as "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 exists among bidders. b) Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. _. C) The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. -� d) The bidder being in arrears on any existing contract or having defaulted on a previous contract. e) The bidder having performed a prior contract in an unsatisfactory manner. f) Lack of competency as revealed by 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 i available for use on the project. The Bid Proposal of the bidder who, in the judgment of the Engineer, is disqualified i 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 MR 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 i 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 MR 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 i 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 i 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 alt claimants as defined in Article C3-3 (2) as 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56' Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved —' surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the Owner. In order to be acceptable, the name of the surety shall be included on the current 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 required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. -- C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner, the Contract and such bonds as may be required in the Contract Documents. No Contract shall be binding upon the Owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days .� after the contract is awarded shall be considered by the owner as an abandonment of his proposal, and the owner may annual the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which the Owner will C3-3 (3) Mo 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) wa so MM 2. Blasting,prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation �f .. excavation are performed adjacent to same). 4. Damage to underground utilities for$500,000. 5. Builder's risk(where above-ground structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). 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. C3-3 (5) g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and performance, payment, maintenance and all such other bonds are written, shall be represented by an agent or agents having an office located within the city limits of the 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, 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. 0-3 (6) Should the Contractor's principal base of operations be other than in the Fort Worth- via Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable, by the Contractor's responsible 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. MW C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (7) PART C -GENERAL CONDITIONS C44 SCOPE OF WORK i 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 i 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 i 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 i 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. i C4-4 (2) Should a difference arise as to what does or dose not constitute Extra Work, or as to the i 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. i 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 dEp 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 ONE the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: ,ftm 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 i 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 woiic 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 �. Submittal review periods. C4-4 (4) 3. Shop fabrication and delivery. i 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 i 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. C-4-4 (5 ANA 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 C5-5 (1) proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the owner shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a = conflict in drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. 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. i 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 C5-5 (2) .r i project specifications or plans, the Engineer shall give the Contractor written notice that _ such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not 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 i 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 AN C5-5 (3) 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 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 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 C5-5 (4) i 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 i capable of performing the same function as that specified ; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be .. ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employees by either of them from and against the claims, damages, losses and expenses (including attorneys fees)arising out of the use of substituted materials or equipment. C5-5.12 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 i samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. i In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of new materials. .. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction contract shall be stored so as to insure the preservation of quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or +• other hard, clean durable surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the plans relative to the existing utilities are based on the best information i available. Omission from, the inclusion of utility locations on the Plans is not to be "' C5-5 (5) 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 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 door knob. The tag shall be durable in composition, and in large bold letters shall say: -_ C5-5 (6) .o "NOTICE" i 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 i Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in 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 and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. i i i C5-5 (8) PART C -GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC i RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea or misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. dW C6-6.3 PATENTED DEVICES, MATERIALS, AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract price shall include all royalties or cost arising from patents, trademarks, and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such trade-mark or copyright in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by C6-6(1) the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to the property contiguous tot he work area. The Contractor shall make adequate — provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe 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 i 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. Me 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 i C6-6(3) under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with 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 MP 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 MM arising out of such use of explosives. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into M, 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 shall be provided by him at his expense. Such additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights-of-way or easements of obstructions which _ must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to, all tress, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the work. The Contractor shall notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of non-execution thereof on the part of the Contractor, he shall restore or have restored as his cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise C6-6(5)