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HomeMy WebLinkAboutContract 27024 r, CITY SECRETARY .. D.O.E. FILE SPECIFICATIONS CITY SECRETARY CONTRACT Np. CONTRACTOR'S BONDING CO. AND CONSTRUCTION'S COPY CONTRACT DOCUMENTS CLIENT DEPARTMENT FOR r WATER REPLACEMENT CONTRACT 99FF FAIRFAX AVENUE FROM KELLIS TO SHACKLEFORD, DOE#2725 GRAYSON STREET FROM FOARD TO NOLAN, DOE#2726 ROSELANE STREET EAST FROM WINNIE TO CUL-DE-SAC, DOE #2727 ROSELANE STREET SOUTH FROM OLD HANDLEY TO ROSELANE E., DOE#2728 .. WHARTON DRIVE FROM COLUSA TO WESTCREEK, DOE #2729 WATER PROJECT NO.: PW53-060530175740 .. SEWER PROJECT NO.:PS58-070580174910 KENNETH L. BARR BOB TERRELL �• MAYOR CITY MANAGER Alm A. DOUGLAS RADEMAKER, P.E., DIRECTOR DEPARTMENT OF ENGINEERING PREPARED BY DEPARTMENT OF ENGINEERING 3-1�217-01 0FFr CI A k FclCu0PD City of Fort Worth, Texas "agorr And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/9/01 **C-18706 30REPLACE 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO S.H.U.C., INC. FOR WATER REPLACEMENT CONTRACT 99FF: FAIRFAX AVENUE (KELLIS TO SHACKLEFORD), GRAYSON STREET (FOARD TO NOLAN), ROSELANE STREET EAST (WINNIE TO CUL-DE-SAC), ROSELANE STREET SOUTH (OLD HANDLEY TO ROSELANE EAST), AND WHARTON DRIVE COLUSA TO WESTCREEK RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to transfer $361,941.40 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $283,298.90, and the Sewer Capital Projects Fund in the amount of$78,642.50; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $283,298.90, and the Sewer Capital Projects Fund in the amount of$78,642.50 from available funds; and 3. Authorize the City Manager to execute a contract with S.H.U.C., Inc. (formerly Sherman Hudson Utility Construction) in the amount of $323,162.40 and fifty working days for Water Replacement Contract 99FF in Fairfax Avenue (from Kellis to Shackleford), Grayson Street (from Foard to Nolan), Roselane Street East (from Winnie to cul-de-sac), Roselane Street South (from Old Handley to Roselane East), and Wharton Drive (from Colusa to Westcreek). DISCUSSION: The Water Department has determined that the water lines in Fairfax Avenue, Grayson Street, Roselane Street East, Roselane Street South, and Wharton Drive need to be replaced prior to paving improvements. The paving improvements will be done under one of the Transportation and Public Works Department street maintenance contracts. This project was advertised for bid on March 29 and April 5, 2001. On April 26, 2001, the following bids were received: BIDDERS AMOUNT TIME OF COMPLETION Rhino Utility Construction, Inc. $323,153.00 S.H.U.C., Inc. $323,162.40 50 Working Days S. L. Siebert Company, Inc. $329,306.00 Burleson Utilities, Inc. $341,903.35 M. E. Burns Construction, Inc. $347,559.50 Long Construction and Engineering, Inc. $410,481.70 D. R. Utilities, Inc. $427,240.00 City of Fort Worth, Texas "Agar And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 8/9/01 **C-18706 30REPLACE 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO S.H.U.C., INC. FOR WATER REPLACEMENT CONTRACT 99FF: FAIRFAX AVENUE (KELLIS TO SHACKLEFORD), GRAYSON STREET (FOARD TO NOLAN), ROSELANE STREET EAST (WINNIE TO CUL-DE-SAC), ROSELANE STREET SOUTH (OLD HANDLEY TO ROSELANE EAST), AND WHARTON DRIVE COLUSA TO WESTCREEK The apparent low bidder, Rhino Utility Construction, Inc. was not read as the low bidder at the bid opening due to an error in its bid preparation, and as a result did not submit the required M/WBE documentation within five business days. For this reason, it is considered non-responsive to the bid specifications and staff is recommending award to S.H.U.C., Inc. S.H.U.C., Inc. is in compliance with the City's M/WBE Ordinance by committing to 19% M/WBE participation. The City's goal on this project is 19%. Water contingencies for change orders are $12,647.00, and $17,706.00 for associated construction inspections and survey. Sewer contingencies for change orders are $3,511.00, and $4,915.00 for associated construction inspections and survey. 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 budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. MG:n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 1&2) PW53 472045 060530175740 $283,298.90 Mike Groomer 6140 1&2) PS58 472045 070580174910 $ 78,642.50 Originating Department Head: 2) PW53 541200 060530175740 $265,592.90 2) PW53 531350 030530175740 $ 17,706.00 2) PS58 541200 070580174910 $ 73,727.50 2) PS58 531350 030580174910 $ 4,915.00 A.Douglas Rademaker 6157 (from) APPROVED 8/9/01 ORDINANCE NO. 14743 1) PE45 538070 0609020 $283,298.90 Additional Information Contact: 1)PE45 538070 0709020 $ 78,642.50 3) PW53 541200 060530175740 $252,945.90 A.Douglas Rademaker 6157 3) PS58 641200 070580174910 $ 70,216.50 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ENGINEERING SERVICES DIVISION ADDENDUM NO. 1 WATER REPLACEMENT CONTRACT 99FF FAIRFAX AVENUE FROM KELLIS TO SHACKLEFORD,DOE#2725 GRAYSON STREET FROM FOARD TO NOLAN,DOE#2726 ROSELANE STREET EAST FROM WINNIE TO CUL-DE-SAC,DOE#2727 ROSELANE STREET SOUTH FROM OLD HANDLEY TO ROSELANE E.,DOE#2728 WHARTON DRIVE FROM COLUSA TO WESTCREEK,DOE#2729 RELEASE DATE:April 20,2001 INFORMATION TO BIDDERS: The Specifications and Contract Documents for the above mentioned project are revised and amended as follows: s 1. On page B-5 pay item 21 shall be revised to read: 21. 3337 L.F. Min 2-Inch HMAC on 2:27 Concrete Base,Fig.4, D-16;Per Linear Foot: Thi Y�1/ Dollars $ 8O•� and ►U b Cents 2. On page B-5 add the following pay item: 22. 1155 L.F. 2-Inch Hot Mix Temporary Pavement Repair;Per Linear Foot: ::5 ey e-n Dollars and _Cents $ S� $ Q . /_'_a ,Sa 3. On page B-8 pay item 17 shall be revised to read: 17. 310 L.F. Min 2-Inch HMAC on 2:27 Concrete Base,Fig.4, D-16;Per Linear Foot: -rb; r 4-u-One Dollars $ 31-p0 o $ 9 10as and IJ4 Cents 4. On page B-9 add the following pay item: (I (i i e c °0 �1��UU� III�N10 19. 1390 L.F. 2-Inch Hot Mix Temporary Pavement Repair;Per Linear Foot: Sev en Dollars and L44-14 Cents $ ri $ ) Z5.0- Add the following item to Part D-Special Conditions: D-51 Temporary Pavement Repair: The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2-inch hot mix asphalt over a minimum of 6 inches of compacted flex base. This temporary repair shall be rolled to provide a smooth transition between the existing pavement and the temporary repair. The unit price bid under the appropriate bid item of the proposal shall cover all cost for providing temporary pavement repair for all streets cuts prior to street reconstruction. Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. RE IPT ACKNOWLEDGED: A.DOUGLAS RADEMAKER,P.E. rt' DIRECTO DEPARTMENT OF ENGINEERING By: John Fir' g, Manager,Engineering Services TABLE OF CONTENTS 1. Notice to Bidders 2. Special Instructions to Bidders 3. Part B-Proposal 4. Minority and Women Business Enterprises Specifications 5. Part C-General Conditions 6. Part D-Special Conditions 7. Section E-Specifications 8. Certificate of Insurance 9. Contractor Compliance With Worker's Compensation Law 10. Performance Bond 11. Payment Bond 12. Maintenance Bond 13. Part G-Contract NOTICE TO BIDDERS Sealed proposals for the following: WATER REPLACEMENT CONTRACT 99FF FAIRFAX AVENUE FROM KELLIS TO SHACKLEFORD, DOE#2725 GRAYSON STREET FROM FOARD TO NOLAN, DOE#2726 ROSELANE STREET EAST FROM WINNIE TO CUL-DE-SAC,DOE#2727 ROSELANE STREET SOUTH FROM OLD HANDLEY TO ROSELANE E.,DOE#2728 WHARTON DRIVE FROM COLUSA TO WESTCREEK, DOE#2729 WATER PROJECT NO.:PW53-060530175740 SEWER PROJECT NO.:PS58-070580174910 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 P.M., Thursday, April 26, 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 the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of documents will be provided to prospective bidders for a deposit of$20.00; such deposit will be refunded if the document is returned in good condition within 10 days after bids are opened. Additional sets may be purchased on a non-refundable basis for twenty dollars($20.00)per set. 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. 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-Jim Deeter @ 871-871-7803 BOB TERRELL GLORIA PEARSON — CITY MANAGER CITY SECRETARY Department of Engineering A. Dou demaker, Director Advertising Dates: By March 29, 2001 John Firing, P.E. April 5, 2001 Manager, Engineering Services SPECIAL INSTRUCTIONS TO BIDDERS 1) PREOUALMCATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation:a current financial statement,an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary,to the Director of the Water Department at least seven(7)calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one(1)year old. In the case that a bidding date falls within the time a new statement is being prepared,the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project,it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial -. qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City,in its sole discretion,may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened,and if inadvertently opened,shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications(financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. 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. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of f 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 fiuther 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 y 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. NIINORITY AND WOMEN 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 PART B -PROPOSAL This proposal must not be removed from this book of Contract Documents. TO: Bob Terrell Fort Worth, Texas City Manager Fort Worth, Texas PROPOSAL FOR: The furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of approximately 3500 L.F. of 8-Inch Water Pipe and 1000 L.F. of 8-Inch Sanitary Sewer Pipe and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: WATER REPLACEMENT CONTRACT 99FF FAIRFAX AVENUE FROM KELLIS TO SHACKLEFORD, DOE #2725 GRAYSON STREET FROM FOARD TO NOLAN, DOE #2726 ROSELANE STREET EAST FROM WINNIE TO CUL-DE-SAC, DOE #2727 ROSELANE STREET SOUTH FROM OLD HANDLEY TO ROSELANE E., DOE #2728 WHARTON DRIVE FROM COLUSA TO WESTCREE&DOE #2729 WATER PROJECT NO.: PW53-060530175740 SEWER PROJECT NO.: PS58-070580174910 Pursuant to the foregoing Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the City Engineering Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: B-1 UNIT I: WATER ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) 1. 55 L.F. 6-Inch Water Pipe *, D-29;Per Linear Foot: ern--k, Dollars S 0 and Cents $ a 0 S% $11.2 7, — 2. 3510 L.F. 8-Inch Water Pipe *, D-29;Per Linear Foot: ,wen-/— fir, Dollars qo and N 1 a Cents , $ .Z;z �� $ 535, 3. 5 EA. 6-Inch Gate Valve w/Cast Iron Box and Lid, D-23; Per Each: FAY NU„A Dollars $ 5 °--C' $ ,).j17 ` and Cents 4. 10 EA. 8-Inch Gate Valve w/Cast Iron Box and Lid, D-23;Per Each Siar &,j red A'1(4-j Dollars $ (SSD °°— $ s©O 60 and &o Cents 5. 4 Tons Cast Iron/Ductile Iron Fittings, D-23; Per Ton :11 ree !/Cou s&n d Dollars 00 and Cents B-2 6. 5 EA. Standard Fire Hydrant, Y-6" Bury Depth;Per Each -7'wPIVR gundred r.-TDollars ea o 0 and /V D Cents $ aSD.— $ .2 SO . 7. 10 L.F. Fire Hydrant Bbl. Extension; Per Linear Foot: I cn Dollars and Ne Cents $ t0 .g= $ loo . ao 8. 4 EA. Remove Existing Fire Hydrant, a. D-28; Per Each TwpLju a d re-j Dollars ao and N o Cents $ .2 0 0 $ 60 •°� 9. 53 EA. 1-Inch Service Taps to main, D-20;Per Each 0 YZ r. du a a re Thi 1-h-S+'y Dollars and fd0 Cents $ /31Q $ .ZDP ,°o 10. 936 L.F. Install 1-Inch Copper Service From Main to Five (5) Feet Behind the Meter, D-20;Per Linear Foot: �we/v Dollars $ /,2,so $ /l,,?Do.00 and ,r��T— Cents 11. 20 EA. Relocate 3/4-Inch Service Meters and Meter Boxes, D-20;Per Each (2e 4Idred, F TDollars $ /50.02 $ .3A01) and ala Cents 12. 34 EA. Install Multiple Service Branches For 1-Inch Copper Service, D-20;Per Each - a --I,irju- Dollars $ 00 and Cents B-3 13. 53 EA. Furnish and Set Class'A', B', and 'C'Meter Boxes, D-20; Per Each EI'O-„�-Y” Eti P Dollars $ �SopO $ "505 .4'- and /V'O Cents 14. 1 L.S. Furnish and Lay 2-Inch Pipe and Fittings for Temporary Service, D-28;Per Lump Sum Dollars $ 3, S-10.0 $ 3,57/0,°0 7h i rht F'v� acrd real T,� and Ab Cents 15. 159 L.F. Concrete Curb and Gutter Replacement D-16;Per Linear Foot: 0 Dollars $ 30°� $ 7 70 of and /yam Cents 16. 30 C.Y. Crushed Limestone, D-14;Per Cubic Yard ©n o Dollars o and Cents $ $ -3o . 17. 10 C.Y. Class'B' Concrete (25004); Per Cubic Yard Da 4 Dollars d and Cents 18. 10 C.Y. Class'E' Concrete (15004); Per Cubic Yard nh :e Dollars and Wo Cents $ $ 19. 200 L.F. Trench Safety System, D-17;Per Linear Foot: n n Dollars �f and ry o Cents $ /, �� $ ZOO, B-4 20. 100 L.F. Extra Depth of Water Mains; Per Linear Foot: Dollars '` o • ao and Cents $ Y a $ 21. -449T L.F. Min 2-Inch HMAC on 2:27 3 33� Concrete Base, Fig. 4, D-16;Per Linear Foot: aI Dollars $ .30 aJ $ Mod/O. and A& Cents No+ m, Tcr.�o-Ojr 1, ^Y7,S� —sp f�a Jcmne.�r Per I.i near '�o"f Rtecd rS •2 �J W C7� �e�k1rS i �d CC�ttS TOT AMOUNT BID $ 5.2 *Type of Pipe Used PVC DR-14: DIP Class 51: B-5 UNIT II: SEWER ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following s items) (D-No. refers to related items in the Part D Special Conditions:) 1. 161 L.F. 8-Inch Sanitary Sewer Pipe *, 0 Ft. - 6 Ft. Trench Depth, D-24; Per Linear Foot: 410-e uz&d-:rh rt �, Dollars $ ,231. $ , and er - Cents 2. 779 L.F. 8-Inch Sanitary Sewer Pipe *, 6 Ft. - 8 Ft. Trench Depth, D-24;Per Linear Foot: Dollars $.02 s•21T- $ 19�:�e�q'^M and :�n -F,°vr Cents 3. 54 L.F. 8-Inch Ductile Iron Pipe, 6 Ft. - 8 Ft. Trench Depth, D-23;Per Linear Foot: �i�en Seveh Dollars $ �� and JP&„-1-u - Tr�P Cents 4. 4 EA. Standard 4-Foot Diameter Manhole to 6 feet depth D-18;Per Each: bo A5jeye N un ied Mn -ffiN�Dollars $ $ J.7Q6 .Do and O Cents B-6 5. 2 L.F. Additional Depth Over 6 Foot of Standard 4 Foot Diameter Manhole; D-18;Linear Foot: Dollars $ ,so $ /93 ,010. and Cents 6. 4 EA. Concrete Collar for Manhole, Per Fig. 121. D-18;Per Each: Ej2p 11g,nd rpd ry Dollars $ W6 $ and Gj 0 Cents 7. 4- EA. Watertight Manhole Inserts D-18;Per Each: MW Dollars and Alr) Cents $ S-D $ Zoo•� 8. 3 EA. Remove Existing Sewer Manhole, D-18;Per Each: o Hicn 'eO A Dollars 00 and U10 `T—Cents $ ZDO $ OD, 9. 24 EA. 4-Inch Sanitary Sewer Service Tap, _. D-19;Per Each: D n e Pu n d ad Dollars ®� � and iII o Cents $ AOU,— $ DO• ` 10. 224 L.F. 4-Inch Sanitary Sewer Service Line Replacement, D-19;Per Linear Foot: - .Si k 'ten Dollars $ /(o .°� $ S� and A LI Cents B-7 11. 480 L.F. 4-Inch Sanitary Sewer Service Line Replacement w/SDR26, D-9;Per Linear Foot: S', yce Dollars $ $ Z900 °a and ���� Cents 12. 30 C.Y. Crushed Limestone, D-14; Per Cubic Yard: vP Dollars and Ain' Cents $ �_ $ /SO Boa 13. 10 C.Y. Class 'B' Concrete (25004); Per Cubic Yard: 0 a Dollars o and �9 r, Cents $ � Do $ /D 14. 10 C.Y. Class 'E' Concrete (15004); Per Cubic Yard: One Dollars o 0 and /yo Cents $ $ /0' 15. 994 L.F. Trench Safety System, D-17;Per Linear Foot: r, Dollars as and Na Cents 16. 72 L.F. Concrete Curb and Gutter Replacement D-16;Per Linear Foot: Zh i Dn Dollars $_,3�,00 $ 2 Z 05- and Cents 17. L78Q' L.F. Min 2-Inch HMAC on 2:27 310 Concrete Base,Fig. 4, D-16;Per Linear Foot: 0 8n Dollars $ 31 , $ lD and 010 Cents B-8 I� 18. 994 L.F. Post-Construction Television Inspection of Sanitary Sewer Lines D-37;Per Linear Foot: S`. DO ©n a Dollars $ / ► $ _-` and ICC fhj Cents (Q, 1390 I, F, �--finch No+ m`.x l�ta+lporary 1�ava+�eit Rtfa<< ") ;'t* 1.t n ea Fob an z .S trr,, p,1 10-Is ,Lha, I"1 d44 Ce*d 5 �-=— y TOTAL AMOUNT BID $ 7D .A 1 S� * Type of Pipe Used: PVC Pipe (SDR-35,Per E1-25, 6 - 15 inch) PVC Pipe (PS-46,Per E1-27, 6 - 15 inch) PVC Pipe (Composite Pipe,Per E1-29, 8 - 15 inch) _ PVC Pipe (Corrugated Pipe,Per E1-31, 6 - 15 inch) TOTAL AMOUNT BID WATER $ 52 a�C s TOTAL AMOUNT BID SEWER $ rl 0 , A 1 1, , GRAND TOTAL AMOUNT BID $ B-9 PART B - PROPOSAL (Cont.) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the'amount of 5% 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 certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and — conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or -referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract 'within 50 working dayS after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. B-10 I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials) s.1, Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Respectfully submitted, y <.A U. .� -i-1'LC�roDr�C� r F- 5he-r mar` �us�s�rL Title '-prem i den Address X10 Lee_ ane We-oJher - ,d-, -f)( 176091 Telephone: g 17- (Seal) Date: R o r i( a a001 B-11 City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contractis $25,000 or more,the MIWBE goal is.applicable. If the total dollar, value of the contract is less than$25,000,the M/WBE oal is not a licable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises(M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is 1 %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS ® On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or; 2. Good Faith Effort documentation,or; 3. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. w 1. M/WBE Utilization Form, if goal received by 5:00 p.m.,five(5)City business days after the is met or exceeded: bid opening date,exclusive of the bid opening date. 2. Good Faith Effort Form and M/WBE received by 5:00 p.m.,five(5)City business days after the Utilization Form, if participation is bid opening date,exclusive of the bid opening date. less than stated goal: 3. Good Faith Effort Form if no received by 5:00 p.m.,five(5)City business days after the participation: bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form: received by 5:00 p.m.,five (5)City business days after the bid opening date,exclusive of the bid opening date. .. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. Any questions, please contact the M/WBE Office at(817)871-6104. Rev.6/19/00 on ATTACHMENT 1A Page 1 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION PRIME COMPANY NAME BID DATE — Ocder 1ZeQlaLCemer' ac g3FF M.53-OW53o/7s74a FPss-B-67059017!'71Q PROJECT NAME PROJECT NUMBER CITY'5 M/VYBE PROJECT GOAL: M/WBE PERCENTAGE ACHIEVED; Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, wil,,. result in the bid being considered non-responsive to bid specifications. The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this 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. Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address, and Telephone No. Scope of Work(*} Supplied(*) Nt- 'z _-50-rtd 40.m en 5 Aa_i_ r,o so t o II i s m t,a h l 30)S-00.✓ 917- S S i- 6 53 ll ConerJe-('u.,4 c,G-fAe- Co rlC.,rcVt L. b3 A' 1� z ConX I ltcCoL14{s r¢sphalt F11�4�1� Pasi�� 31 pa� 'D 81 -x'39- ggy6 MN1/BEs must be located in the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid. w (r) Specify all areas In which MVLVBE's are to be utilized and/or items to be supplied; (") A complete listing-of items to be supplied is required In orderto.receive credit toward the M/WBE goal. (•`j identify each T1erlevel. - Tier:Means the isvel of subcontracting below the prime contractor/consultant,I.e.,a direct payment from the.prime contractor to a subcontractor Is considered l"tier,a payment by a aubcon.ctor'to its suppi'rer-is considered 3n°tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.612198� ATTACHMENT 1A •. Page 2 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION Company Name,Contact Name, $ Specify All Contracting Specify;Atl-items to be 'Dollar Amount Address,and Telephone No. a Scope of Work(*) Supplled(*) V 0_ Lq7 r ® The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and •• creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1)year. M E and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD Authorized Signature Printed Signature Title Contact Name and Title (if different) ,x'1'7- a'9 °=' 3 qY Company Name" Telephone Number(s) Address Fax Number 4)ect4-hee4cd . —a 17LU Alrr'l -2,� —2a©,j City/State/Zip Code Date �— THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID Cm OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.612198 ATTACHMENT 1B .. City of Fort Worth Page 1 of 1 Minority and Women Business Enterprise Specifications Prime Contractor Waiver Prime Company Name Project Name Bid Opening Date Project Number .. If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only .. applicable if both answers are yes. F complete this form in its entirety and be received by the iManaging Department on or'before:five(5)City business days after bid opening, exclusive of the bid opening date,;will result ineing considered non-responsive to bid specifications. '- - Will you perform this entire contract without subcontractors? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project,this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s)and/or WBE(s)on this contract, the payment therefore and any proposed changes to the original MBE(s) and/or WBE (s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one(1)year. Authorized Signature Printed Signature Title Contact Name(if different) Company Name Contact Telephone Number(s) Address Fax Number Rev.6/2/98 PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1.1 Definition of Terms C1-1 (1) C1-1.2 Contract Documents C1-1 (1) C1-1..3 Notice to Bidders C1-1 (2) C1-1.4 Proposal C1-1 (2) C1-1.5 Bidder C1-1 (2) C1-1.6 General Conditions C1-1 (2) C1-1.7 Special Conditions C1-1 (2) C1-1.8 Specifications C1-1 (2) C1-1.9 Bond C1-1 (2) C1-1.10 Contract C1-1 (3 ) C1-1.11 Plans C1-1 (3) C1-1.12 City C1-1 (3) C1-1.13 City Council C1-1 (3) C1-1.14 Mayor C1-1 (3) C1-1.15 City Manager - C1-1 (3) C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works C1-1 (4 ) C1-1.18 Director, City Water Department C1-1 (4 ) C1-1.19 Engineer CI-1 (4 ) C1-1.20 Contractor C1-1 (4 ) C1-1.21 Sureties C1-1 (4 ) C1-1.22 The Work or Project C1-1 (4 ) C1-1.23 Working Day C1-1 (4 ) C1-1.24 Calendar Day C1-1 (4) C1-1.25 Legal Boliday C1-1 (4 ) C1-1.26 Abbreviations C1-1 (5) C1-1.27 Change Order Cl-1 (6 ) C1-1.28 Paved Streets and Alleys C1-1 (6 ) C1-1.29 Unpaved Streets and Alleys Cl-1 (6 ) C1-1.30 City Streets C1-1 (6 ) C1-1.31 Roadway Cl-1 ('6 ) C1-1.32 Gravel Street C1-1 (6 ) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site C2-2 (2) C2-2.4 Submitting of Proposal C2-2 (3) C2-2.5 Rejection of Proposals C2-2 (3) C2-2.6 aid Security C2-2 (3) (1) C2-2.7 Delivery of Proposal C2-2 (4 ) C2-2.8 Withdrawing Proposals C2-2 (4 ) C2-2. 9 Telegraphic Modification of Proposals C2-2 (4 ) C2-2.10 Public Opening of Proposal C2-2 (4 ) C2-2.11 Irregular Proposals C2-2 (4 ) C2-2.12 Disqualification of Bidders C2-2 (5 ) C3-3 AWARD AND EXECUTION OF DOCUMENTS , C3-3.1 Consideration of Proposals C3-3 (1) C3-3.2 Minority Business Enterpise Women-Owned Business Enterprise • compliance C3-3 (1) -. C3-3.3 Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (2) C3-3.5 Award of Contract C3-3 (2) C3-3.6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds C3-3 (2) C3-3.8 Execution of Contract C3-3 (4 ) ' C3-3.9 Failure to Execute Contract C3-3 (4 ) C3-3.10 Beginning Work C3-3 (4 ) C3-3.11 Insurance C3-3 (4 ) C3-3.12 Contractor's Obligations C3-3 (7) C3-3.13 weekly Payroll C3-3 (7) C3-3.14 Contractor's Contract Administration C3-3 (7 ) C3-3.15 Venue C3-3 (8 ) ' C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4.2 Special Provisions C4-4 (1) C4-4.3 Increased or Decreased Ouantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) - C4-4.6 Schedule of Operations C4-4 (3 ) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4 ) C5-5 CONTROL OF WORK AND MATERIALS CS-5.1 Authority of Engineer C5-5 (1) CS-5.2 Conformity with Plans C5-5 (1) - CS-5.3 Coordination of Contract Documents CS-5 (2) C5-5.4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work C5-5 (3 ) m CS-5. 6 Field Office CS-5 (3) C5-5.7 Construction -Stakes CS-5 (3) C5-5. 8 Authority and Duties of Inspectors C5-5 (4 ) C5-5. 9 Inspection C5-5 (5) CS-5.10 Removal of Defective and Unauthorised Work C5-5 (5) CS-5.11 Substitute Materials or Pquipment C5-5 (5) ' C5-5.12 Samples and Tests of Materials C5-5 (6) CS-5.13 Storage of Materials CS-5 (6) CS-5.14 Existing Structures and Utilities C5-5 (7) CS-5.15 Interruption of Service C5-5 (7) CS-5.16 Mutual Responsibility of Contractors C5-5 (8) CS-5.17 Cleanup C5-5 (a) C5-5.18 Final Inspection C5-5 (9) - (2) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C6-6 (1) C6-6.2 Permits and Licenses C6-6 (1 ) C6-6.3 Patented Devices, Materials and Processes C6-6 (1) C6-6.4 Sanitary Provisions C6-6 (2) C6-6.5 Public Safety and Convenience C6-6 (2) C6-6.6 Privileges of Contractor in Streets, Alleys, and Right-of-Way C6-6 (3) C6-6.7 Railway Crossings C6-6 (4 ) C6-6.8 Barricades, Warnings and Watchmen C6-6 (4 ) C6-6. 9 Use of Explosives, Drop Weight, etc. C6-6 (5) _ C6-6.10 Work Within Easements C6-6 (6 ) C6-6.11 Independent Contractor C6-6 (8 ) C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (8 ) C6-6.13 Contractor 's Claim for Damages C6-6 (10) C6-6.14 Adjustment of Relocation of Public Utilities, etc. C6-6 (10) C6-6.15 Temporary Sewer Drain Connections C6-6 (10) C6-6.16 Arrangement and Charges of Water Furnished by City C6-6 (11) .. C6-6.17 Use of a Section of Portion of the Work C6-6 (11) C6-6.18 Contractor's Responsibility for Work C6-6 (11) C6-6.19 No Waiver of Legal Rights C6-6 (12) C6-6.20 Personal Liability of Public Officials C6-6 (12) C6-6.21 State Sales Tax C6-6 (12) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1) C7-7.2 Assignment of Contract C7-7 (1) C7-7.3 Prosecution of the Work C7-7 (1) C7-7.4 Limitations of Operations C7-7 (2) C7-7.5 Character of Workman and Equipment C7-7 (2) C7-7.6 Work Schedule C7-7 (3 ) C7-7.7 Time of Commencement and Completion C7-7 (4 ) C7-7. 8. Extension of time of Completion C7-7 (4 ) C7-7.9 Delays C7-7 (4 ) C7-7.10 Time of Completion C7-7 (5) C7-7.11 Suspension by Court Order C7-7 (-6) C7-7.12 Temporary Suspension C7-7 (6 ) C7-7.13 Termination of Contract due to National Emergency C7-7 (7) C7-7.14 Suspension of Abandonment of the work and Annulment of Contract C7-7 (7) C7-7.15 Fulfillment of Contract C7-7 (9 ) C7-7.16 Termination for Convenience of the Onwer C7-7 (10) C7-7.17 Safety Methods and Practices C7-7 (13 ) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) (3) C8-8.3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment C8-8 (1) C8-8.5 Partial Estimates and Retainage C8-8 (2) _ C8-8.6 Withholding Payment C8-8 (3 ) C8-8.7 Final Acceptance C8-8 (3 ) C8-8. 8 Final Payment C8-8 (3 ) C8-8.9 Adquacy of Design C8-8 (4 ) C8-8.10 General Guaranty C8-8 (4 ) _ C8-8.11 Subsidiary Work C8-8 (5 ) C8-8 .12 Miscellaneous Placement of Material C8-8 (5) C8-8.13 Record Documents C8-8 (5 ) PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION C1-1 DEFINITIONS C1-1 . 1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used , the intent and meaning shall be understood and interpreted as follows: _ C1-1 . 2 CONTRACT DOCUMENTS: The Contract Documents are all of the written .and drawn documents , such as specifications , bonds , addenda , plans , etc . , which govern the terms and performance of the contract . These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS : The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS El-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS 3 PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) Cl-1 (1) ti t C1-1 . 3 NOTICE TO BIDDERS : All of the legal publications ". either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the • notice to bidders. C1-1 . 4 PROPOSAL: The completed written and signed offer or • tender of a bidder to perform the work Which the Owner desires to have done, together with the bid security, constitutes the . Proposal , which becomes binding upon the Bidder when it is Officially received by the Owner, has been publicly opened and ' read and not rejected by the Owner. C1-1 . 5 BIDDER : Any person , persons , firm, partnership , company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for Performing the work contemplated under the Contract Documents , constitutes a bidder. Cl-1 - 6- GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the ' performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes , and requirements of the City of Fort Worth' s charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions , the latter shall take precedence and shall govern. C1-1 . 7 SPECIAL CONDITIONS : Special conditions are the • specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions . When considered with the , General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. • C1-1 . 8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must tie met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to • standard specifications, regulations, requirements, statutes , etc. , such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. • C1-1 . 9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and C1-1 (2) M 0 faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3.7) b. Payment Bond (see paragraph C3-3.7) C. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6 ) ' C1-1 . 10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project _ to be completed under the Contract Documents. C1-1 . 11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project , including such profiles , typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner: The Plans are usually bound separately from other parts of the Contract Documents , but they are a part of the Contract Documents just as though they were bound therein. -- C1-1 .12 CITY : The City of Fort Worth, Texas , a municipal corporation, authorized and chartered under the Texas State Statutes , acting by and through its governing body or its City Manger , each of which is required by charter to perform specific duties . Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1 . 13 CITY COUNCIL: The duly elected and qualified governing bRy of the City of Fort Worth, Texas. C1-1 . 14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C1-1 . 15 CITY MANAGER: The officially appointed and authorized City Manager 01 the City of Fort Worth, Texas , or his duly authorized representative. C1-1 . 16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas , or his duly authorized representative. Cl-1 (3 ) 0 ■ C1-1 . 17 DIRECTOR OF PUBLIC WORKS: The duly appointed official o the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1 . 18 DIRECTOR , CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort i Worth , Texas , or his duly authorized representative , ; assistant, or agents. C1-1 . 19 ENGINEER: The Director of Public Works, the Director Of the Fort Worth City Water Department ,, or., th.zi= drily authorized assistants , agents , engineers , inspectors , or superintendents , acting within the scope of the particular ■ duties entrusted to them. C1 -1 . 20 CONTRACTOR: The person , persons , partnership , company, firm, association, or corporation , entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. 'A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor , supplying labor and materials or only labor, for work at the site of the project. C1-1 . 21 SURETIES: The Corporate bodies which are bound by such on s are required with and for the Contractor . The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1 . 22 TEE 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 kv day, not including Saturdays, Sundays, and legal holidays , in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7 ) hours bre-tween 7 : 00 a .m., and 6 : 00 p.m. , with exceptions as permitted in paragraph C7-7.6. -C1-1 . 24 CALENDAR DAYS : A calendar day is any day of the week or month, no days being excepted. C1-1 . 25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for - observance by City employees as follows: Cl-1 (4) t 1. New Year 's Day January 1 i 2. M. L. Ring, Jr. Birthday. Third Monday in January 3. Memorial Day Last Monday in May 4 . Independence Day July 4 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in November S. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1. 26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents , the intent and meaning shall be as follows: AASETO - American Association of MGD - Million Gallons Per State Eighway Transportation Day Officials ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second LAW - In Accordance With ASTM - American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works • - Percentum Association R - Radius ASA - American Standards Association I.D. - Inside Diameter EI - Hydraulic Institute O. D. - Outside Diameter Asph. - Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. - Boulevard C - Centigrade CI - Cast Iron In. - Inch CL - Center Line Ft. - Foot GI - Galvanized Iron St. - Street Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard ME - Manhole SY - Square Yard Max. - Maximum L.F. - Linear Foot D.I. - Ductile Iron C1-1 (5) C1-1 . 27 CHANGE ORDER : A " Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders • shall be prepared by the City from information as necessary furnished by the Contractor. T C1-1 . 28 PAVED STREETS AND ALLEYS : A paved street or alley shall be de fined 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. S. Any combination of the above. - C1-1 . 29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys. • C1-1. 30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1. 31 ROADWAY: The roadway is defined as the area between parallel ines two ( 21 ) feet 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 any unpaved street to which as been -R-J-e-a-R--e-aone or more applications of gravel or . similar material other than the natural material found on the street surface before any improvement was made. T C1-1 (6 ) t i� SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL �j 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 she current financial status. TLis statement must be current and not more than one (1 ) year old. In the case that a bidding date falls within the time anew 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 firs► seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received , and such experience must have been on projects completed not more than five (S) years prior to the date on which are to be received . The Director of the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2 . 2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal C2-2 (1) �e 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 t decreased as hereinafter provided , without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. ` It 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 t addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read - and become familiar with the Contract Documents , to visit the site of the project and examine carefully all local t conditions , to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project . They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time requi;ed 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 s bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the C2-2(2) Owner nor the Engineer guarantee that the data shown is representative of conditions Which actually exist. C2-2. 4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be 4 correctly filled in and the Bidder shall state the prices , written in ink in both words and numerals , for which he proposes to do the work contemplated or furnishe the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association , or partnership, the name and address of each member must be given , and the proposal must be signed by a member of the firm, association , or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation , the company or corporate name and business address must be given, and the proposal signed by an official or duly autborir.id agent. The corporate sal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2. 5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not - called for , conditional or uncalled for alternate bids , incomplete bids, erasures, or irregularities of any kind, or contain unbalance value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2 . 6 BID SECURITY: No proposal will be considered unless it is accompanied y a 'Proposal Security" of the character and in the amount indicated in the "Notice to Bidders' and the "Proposal . • The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if .awarded the contract, the Bidder will within the required time execute -a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2(3) i 4 4 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 onsidered.The Bidder must have the proposal actually delivered. Each proposal shall be in .a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders. " The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2 . 8 WITHDRAWING PROPOSALS : Proposals actually filed with ' the City Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a proposal must be made in writing , addressed to the City Manager , and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed m, at the option of the owner , -be returned unopened. C2-2 . 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may mo i y his proposal by telegraphic communication at any time T 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 r proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2 . 1D 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. P C2-2. 11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions , alterations of j form, additions , or conditions not called for , unauthorized alternate bids, or irregularities of any kind. However, the C2-2(4) r, Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. r, C2-2 . 12 DISQUALIFICATION OF BIDDERS : Bidders may be disqualified and their proposals not considered for any of , but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C. The bidder being interested in any litigation, against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. _ d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the financial statement, experience record, equipment schedule , and Guch inquiries as the Wner may see fit to make. g. Uncompleted work which , in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder not filing with the Owner , one week in advance of the hour of the opening of proposals the - following: 1. Financial Statement showing the financial condition of the bidder as specified in Part 'A' - Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration , which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer , is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(5) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3 . 1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices , the quantities shown in the proposal , and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3 . 2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request , complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman-owned Business Enterprise ME) on the contract and the payment therefor. Contractor further agrees , upon request by Owner , to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal , state or local laws and ordinances relating to false statements ; further , any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of .�; time of not less than six (6 ) months. C3-3 . 3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. �. C3-3 (1) L r The Contractor shall post the required notice to that effect Le on the project site , and, at his request , will be provided assistance by the City of Fort Worth ' s Equal Employment Officer who will refer any qualified applicant he may have on +- file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3 . 4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot withdrawn by the Bidder within forty-five ( 45 ) days after the date on Which the proposals were opened. C3-3 . 5 AWARD OF CONTRACT: The Owner reserves the right to withhol inn action on the proposals for a reasonable time, not to exceed forty-five ( 45 ) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. . . The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3 . 6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids , the - Own er 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. furnisb to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND : A good and sufficient - per ormance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , - guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or the use of inferior materials . This performance f C3-3 (2) i 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 CS-8.10. C. PAYMENT BOND: A good and sufficient payment bond, —f in an amount not less than 100 percent of the amount of the contract , as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas , 1925 , as amended by House Bill 344 Acts 56th Legislature, Regular Session , 1959 , effective April 27 , 1959 , and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required y 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. A11 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 Port 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 ^i acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3) i new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties , as required, have qualified and have been accepted by the Owner. " The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3 . 8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. No contract shall be binding upon the owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3 . 9 FAILURE TO EXECUTE CONTRACT: The failure of the Avardee to execute the required bond or bonds or to sign the required contract within ten (10 ) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occuring to the Owner by reason of said awardee ' s failure to execute said bonds and contract within ten (10 ) days , the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall 'thereupon immediately be forfeited to the (honer. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3 .10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner . ` Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the 'Work Order' or 'Proceed Order' , it is agreed that the Surety Company will , within ten ( 10 ) days- after the commencement date set forth in such written authorization,, commence the physical execution of the �- --ontract. s3-3 . 11 INSURANCE: The Contractor shall not commence work ander this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has Seen approved by the Owner. The prime Contractor shall be -esponsible for delivering to the Owner the sub-contractors' C3-3 (4) - certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors . It is the intention of the Owner that the insurance coverage required herein shall include the coverage Of all sub-contractors. a. a. COMPENSATION INSURANCE : The Contractor shall maintain , during the life of this contract , Workers ' Compensation Insurance on all of his - employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers ' Compensation Statute, the Contractor shall provide adequate employer ' s general liability insurance for the protection of such of his employees not so protected. b. COMPREEENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contractor ' s Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance ) in an amount not less than $ 500 , 000 covering each occurrence on account of bodily injury, .including death, and in an amount not less than $500 , 000 .. covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage,. the following insurance: 1. Contingent Liability ( covers !General Contractor ' s Liability for acts of sub-contractors) . i 2. Blasting, prior -to any blasting being% done. 3. Collapse of buildings or structures adjacent to excavatiosi ( if excavations are to be performed adiacent to same) . 4. Damage to underground utilities for- $500,000. C3-3 (5) i i So Builder's risk (where above-ground structures are involved) . 6. Contractual Liability ( covers all indemnification requirements of Contract) . i d. AUTOMOBILE 'INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and _maintain, Tu-71—ng 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 A than $5008000 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 a ove paragraphs shall provide adequate protection for the Contractor and his sub-contractors , respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured ^� or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. { f. PROOF OF CARRIAGE OF INSURANCE: The Contractor ` shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner . ( Sample attached. ) All insurance requirements made upon the Contractor shall apply to the sub- contractor , should the Prime Contractor ' s insurance not cover the sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING : The insurance and bonding companies with whom the - Contractor ' s insurance and performance, payment, maintenance and all such other bonds are written ' shall be represented by an agent or agents having { an office located within the city limits of the C3-3 (6 ) City of Fort Worth, Tarrant County, Texas . - Each such agent shall be a duly qualified, one upon whom service of process may be had , and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and y` settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged , may have against the Contractor , insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth-Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3. 12 CONTRACTOR' S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials , labor and services when due. C3-3 . 13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the Project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the i 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 ,m] 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 �I business with and enters into a contract With the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area . The Contractor shall charge, delegate , or assign this office ( or he may delegate his Project Superintendent ) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other C3-3 (7) _ 1 0 1 matter associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. i Should the Contractor ' s principal base of operations be other . than in the Fort Worth-Dallas metropolitan area, notification of the Contractor 's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable, ` by the Contractor ' s responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract 'Ib as though bound directly into the project documents . The intent of these requirements is that all matters associated with the Contractor ' s administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative Fail to perform to the satisfaction of Engineer, the Engineer, at his sole discretion , may demand that such local representative be replaced and the Engineer may, at his sole discretion , stop all work until a new local authority ►- satisfactory to the Engineer is assigned . No credit of working time will be for periods in which work stoppages are in effect for this reason. C3-3 . 15 VENUE: Venue -of any action hereinunder shall be exclusively in Tarrant County, Texas. s C3-3 (8 ) ` 1 PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4 . 1 INTENT OF CONTRACT DOCUMENTS : It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish , all in full compliance with the requirements and intent of the Contract Documents . It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment , special services , and incidentals necessary to the prosecution and completion of the project. C4-4 . 2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by Gener:±7, or Spe fal Cond?.¢ions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then •Special Provisions' covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such 'Special Provisions' shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4 . 3 INCREASED OR DECREASED UANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal ; such revised consideration to be - determined by special agreement or as hereinafter provided for 'Extra Work. ' No allowance will be made for any changes in anticipated profits nor shall such changes be considered as C4-4 (1) i i waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in d-epth categories , shall be interpreted herein as applying to. the overall quantities or sanitary sewer pipe in each pipe size, -" but not to the various depth categories. C4-4 . 4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to snake 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 az waiving or invalidating any condition or provision of the Contract Documents. C4-4 . 5 EXTRA WORK: Additional work made necessary by changes _ and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as 'Extra Work' and shall be performed by the Contractor in accordance with these r. Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a `Change Order' shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. c. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America - current equipment rental rates ; ( 3 ) materials entering permanently into the project, and (4 ) actual cost of insurance , bonds , and social security as determined by the owner, plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost -of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1 ) , ( 2 ) , ( 3 ) , and ( 4 ) above. The Contractor shall keep accurate cost records on the form and in the method C4-4 (2) suggested by the Owner and shall give the Owner access to all accounts , bills , vouchers , and records relating to the Extra Work. No "Change Order" shall become effective until it has been �. approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner . In case any orders or instructions , either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation , he shall make written request to the Engineer for written orders authorizing such Extza Work, prior to beginning such Work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method ( Item C ) . Claims for extra work will not be' paid unless the Contractor shall file his claim with the Owner within five ( 5 ) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for 'extra work' whether or not iniitiated by a ' change order ' shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost-, or any other effect on changed or unchanged work as a result or the change or extra work. C4-4 . 5 SCEEDULE OF OPERATIONS: Before commencing any work �! under this contract, the Contractor shall submit to the Owner and receive the Owner ' s approval thereof, a 'Schedule of Operations , ' showing by a straight line method the date of commencing and finishing each of the major elements of the contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There C 4-4 (3 ) shall be presented also a composite graph showing the { anticipated progress of construction with the time being ;lotted horizontally and the percentage of completion plotted -rertically. The progress charts shall be prepared on 8-1/2" x + 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4 . 7 PROGRESS SCEEDULES FOR WATER AND SEWER PLANT FACILITIES : Within ten ( 10 ) days prior to submission o first monthly progress• payment , the Contractor shall prepare and submit to the Owner for approval six copies of , the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities ( including procurement of materials, plans, and equipment ) and the contemplated dates for completing the same . The schedule shall be in the form of a time schedule Critical Path Method ICPM) 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 th•e Engineer . Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule ., with the Engineer to ensure the Contractor's understanding �- of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints , sequencing requirements and completion time. b. The construction process shall be divided into activities with time durations of approximately fourteen (14 ) days and construction values not to a exceed $50 , 000 . Fabrication , delivery and submittal activities are exceptions to this guideline. C4-4 (4 ) r C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. one critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the owner. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum be divided into general categories as indicated in the Proposal and .. Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen' (14 ) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts , the construction schedule shall indicate the following procurements , construction and preacceptance activities and events in their logical sequence for equipment and materials. 1 . Preparation and transmittal of submittals. 2. Submittal review periods. 3 . Shop fabrication and delivery. 4 . Erection or installation. 5. Transmittal of .manufacturer ' s operation and maintenance instructions. 6 . Installed equipment and materials testing. 7. owner's operator instruction (if applicable) . S. Final inspection. C4-4 (5) i 9. Operational testing. 10. Final inspection. If , in the opinion of the Owner , work accomplished falls behind that scheduled , the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to . make up lag in scheduled progress and to insure completion Of the work within the contract time . If the Owner finds the proposed plan not acceptable , he may require the Contractor to increase the work force , the construction Plant and equipment, the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these regairements shall be considered grounds for determination, by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. C4-4 (5 ) i PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS CS-5 .1 AUTHORITY OF ENGINEER: The work shall be performed to - the satisfaction of the Engineer and in strict compliance with the Contract Documents . Be shall decide all questions which arise as to the quality and acceptability of materials furnished , work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents , acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents , supervision of the work, resumption of operations, and all other questions or disputes which may arise . Engineer will not be responsible for Contractor ' s means , methods , t6chniques , sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor ' s failure to perform the work in accordance with the contract documents. Ee 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. CS-5 . 2 CONFORMITY wITE PLANS: The finished project in all j cases shall conform with lirnes , grades , cross-sections , finish , and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents . Any deviation from the approved- Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorised by the Owner by Change Order. CS-5 (1) L L 4 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, 'onditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error { � or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this k condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. 4 � CS-5 . 4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. ti The Contract shall give to the work the constant attention s necessary to facilitate the progress thereof and shall ti cooperate with the Engineer, his inspector , and other Contractors in every possible way. r 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 t superintendent and an assistant who are fully authorised to act as the Contractor ' s agent on the work . Such superintendent and his assistant shall be capable of reading t 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 t 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 _ i C5-5 (2) adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5 . 5 EMERGENCY AND/OR RECTIFICATION 'WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative , shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition . Such a response shall occur day or night, whether the project is scheduled on a calendar-day or on a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies , omissions , or corrections necessary to conform with the requirements of the project specifications or plans , the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the ^` Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours , the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 251 , from any funds due the Contractor on the project. CS-5 . 6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed., well heated, air conditioned, lighted, and —p weather-proof , so that documents will not be damaged by the j elements. C5-5 . 7 CONSTRUCTION STARES: The City, through its Engineer, will furnish the Contractor with all lines , grades , and measurements necessary tothe proper prosecution and control of the work contracted for under these Contract Documents, and lines , grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. C5-5 (3 ) 1 ` t i These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay . Such stakes or t markings as may be established for the Contractor ' s use or guidance shall be preserved by the Contractor until he is i 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. CS -5 . 8 AUTHORITY AND DUTIES OF CITY INSPECTORS : City Inspectors will be authorize 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 i 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 i 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 T_ have authority to reject materials or equipment to suspend work until the question at issue can be referred to and be decided by the Engineer . The City Inspector will not , however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary to the requirements of * the Contract - Documents. Re 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. Re will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey-- the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents , provided, however, should the Contractor object to any orders or instructions of the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. C5--S (4) F r CS-5 . 9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not j the work as performed is in accordance with the requirements Of the Contract Documents. Ifthe Engineer so requests , the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the • Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but Should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor ' s expense. No work shall be done or materials used without suitable supervision or inspection. C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTEORIZED WORK: All work, materials, or equipment which has been rejected shall be - remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work dome beyond the lines and grades given or as shown on the plans , except as herein specifically provided, or 'any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid f or by the Owner . Work so done may be -ordered removed at the Contractor ' s expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Contractor . Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. C5 - 5 . 11 SUBSTITUTE MATERIALS OR EQUIPMENT : If the Specifications , law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material.-or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, be shall, prior to the preconstruction conference , make written applicati-on to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the proposed C5-5 (5) :substitute from that specified and indicating available - maintenance service . No substitute shall be ordered or L installed without the written .approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent . No substitute shall be ordered or L 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 s and Engineer and anyone directly or indirectly employed by either of them from and against the claims , damages, losses and expenses ( including attorneys fees) arising out of the use Of substituted materials or equipment. CS-5 . 12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion of the Engineer, or as called or in the Contract Documents , tests of materials or equipment are necessary, such tests will be made at the expense of and paid f or direct to the testing agency by the Owner unless otherwise specifically provided. :he failure of the Owner to make any tests of materials shall :e in no way relieve the Contractor of his responsibility of _ :urnishing 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 m Society for Testing Materials or specific requirements of the p Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and - shall not , without specific written permission of the , Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the r Owner. In case of concrete, the aggregates , design minimum, and the mixing and transporting equipment shall be approved by the ■ Engineer before any concrete is placed, and the Contactor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days .prior to the placing of concrete , using samples from the same aggregate, cement, and mortar. which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials. CS-5 . 13 STORAGE OF MATERIALS: All materials which are to be ■ used in the construction operation shall be stored so as to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden � platforms or other hard, clean durable surfaces and not on the CS-5 (6 ) • ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5 . 14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains , water mains, conduits , sewer lines and service lines for all utilities , etc. , is unknown to the Owner , and the Owner assumes no responsibility for failure to show any or -all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the Pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents , in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractors responsibility to .verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances . The Contractor shall take all necessary precautions in order to protect all existing utilities , structures and service lines . Verification of existing utilities, structures and service lines shall include notification of all utility companies at least forty eight (48 ) hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. CS-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosectuion of work where the interruption of service is necessary, the Contractor , at least 24 hours in advance, shall be required to: e 1. Notify the Water Department ' s Distribution . Division as to location, time, and schedule of service interruption. C5-5 (7) 1 1 7 2. Notify each customer personally through responsible personnel as to time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer ' s entrance door knob . The tag shall be durable in composition, and in large bold type shall say: "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be inter- rupted on between the hours of and �- This inconvenience will be as short as possible. �. Thank you, Contractor Address Phone b. Emergency: In the event that an unforeseen service interruption occurs , notice shall be as above,but immediate. C5-5 . 16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part of the Contractor , any other Contractor or any sub-contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub-contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor , who shall indemnify and save harmless the Owner against any such claim. C5-5 . 17 CLEAN-IIP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the the satisfaction of the Engineer . Twenty-fours fours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer , if the Contractor fails to correct the CS-5 (8 ) unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25% of such costs , rI shall be deducted from monies due or to become due to the Contractor. Dpon the completion of the project as a Whole as covered by r these Contract Documents , and before final ,a.c c-eptance and •n final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded Ir materials , temporary structures, and debris of every kind. Be shall leave the site of all work in a neat_ and orderly condition equal to that Which originally existed. Surplus and r 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 I Contractor for any clean-up required on the project. C5-5. 18 FINAL INSPECTION: Whenever the work provided for in and - contemplated under the Contract Documents has been satisfactorily completed and final cleanup performed, the Engineer will notify the proper officials of the Owner and request that the Final inspection be made. Such inspection will be made within, 10 days after such notification. After r 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. r C5-5 (9 ) I ON 3 PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY 4 SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe an3 comply with all Federal and State Laws and City ordinances and regulations which in any way affect the C.gndz ct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or- authority for such enactment. No plea of misunderstanding-or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers , agents, and employees against any and ILII 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. L C6-6 . 2 PERMITS AND LICENSES: ' The Contractor shall procure all permits an licenses, pay all charges , costs and feet, -and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6 . 3 PATENTED DEVICES MATERIALS AND PROCESSES: If the Contractor is require or desires to use any design , device , material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from patents, trade-marks; and copy rights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such patented design , device , material or process , 'or any trade-mark or copy right in connection with the 'work agreed to ► be performed under these Contract Documents , and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that -the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by-. the design , type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6 (1) r. gas valves , or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the past of the Contractor as regards to public convenience and safety which may come to its attention , after twenty-four hours notice in writing to the Contractor , save in cases of emergency when it shall have the right to remedy any neglect without notice; and in either .. case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor. The Contractor , after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer , and Police Department, when any street or alley is requested to be closed .. or obstructed or any fire hydrant is to be made inaccessible,, and, when so -directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire .� apparatus . The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets , alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make otber arrangements for crossing over ditches or streams , his responsibility for accidents in connection with such -crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done , the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6 . 6 PRIVILEGES OF CONTRACTOR IN STREETS , ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such 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 authorised in writing by the Engineer . 1, reasonable amount of * tools, materials , and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or stacked in such a Way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railway tracks, the work shall be a C6-6 (3) J 1 I The Contractor will not remove any regulatory sign , instructional sign, street mame 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 8780-8075 ) , to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a } - temporary sign meeting the requirements of the above - referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the T required specifications, the permanent sign shall be left in Place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent 'sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the Permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor Will be held responsible for all damage to the work or the public due to failure of barricades , signs , fences , lights , or watchmen to protect them. whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor ' s own expense . The Contractor ' s responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation , except as specifically provided in these Contract Documents , will be paid to the Contractor for the J' work and materials involved in the constructing, providing, and maintaining of barricades, signs , fences, and lights or for salaries of watchmen , for the subsequent removal "and disposal of such barricades , signs , or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6 . 9 USE or 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 - C6_6 (5) z' every precaution to prevent damage to all trees , shrubbery, .. plants, lawns, fences, culverts, curbing , and all other types of structures or improvements , to all water , sewer, and gas lines, to all conduits, overhead pole lines , or appurtenances thereof , including the construction of temporary fences, and to all other public or private property along adjacent to the work. r" The Contractor shall notify the proper representatives of owners or occupants of public or private lands or interest in lands which might be affected by the work. Such notice shall ., be made at least 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 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 the non-execution thereof on the part of the Contractor , be shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner , or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better .. than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on either side of permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project C6-6 (7)