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Home My WebLink AboutContract 41428• CITY SECRETARY I I CONTRACT NO. :ti 'j J8 ~ CITY OF FORT WORTH, TEXAS 2010 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR LAKE WORTH MAINTENANCE "HAZARD STUMP REMOVAL" PROJECT NUMBER: WTR-2010-560040 UNIT I -SEARCH WITH DRAG-BAR & MANUAL RAKE THE GENERAL BOATING USE AREA "A" INCLUDING THE PLACEMENT OF TEMPORARY MARKER BUOYS AND RECORD THE GPS LOCATIONS OF ALL DISCOVERED BOATING HAZARDS TO WITHIN ONE (1) FOOT OF THE LAKE BOTTOM UNIT II -REMOVAL OF DESIGNATED DISCOVERED BOATING HAZARDS FOUND BY UNIT I'S SEARCH EFFORTS , UNIT III -REMOVAL OF DESIGNATED STUMPS THAT ARE NOW KNOWN TO EXIST IN AREA'S : Bl,B2,C,D,F,G,Hl,H2,J,K PROJECT NUMBER: WTR-2010-560040 MIKE MONCRIEF MAYOR DALE FISSELER, P.E. CITY MANAGER FRANK CRUMB, P.E. DIRECTOR, WATER DEPARTMENT '\-') \-1 \ ) . OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX M&CRev ie w Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORTWORTH ~ COUNCIL ACTION: Approved on 11/9/2010 -Ord. No. 19425-11-2010 & 19426-11-2010 DATE: 111912010 REFERENCE NO.: C-24582 LOG NAME: 60LW MAINTENANCE HAZARD STUMP REMOVAL CODE: NO C TYPE: NON-PUBLIC CONSENT HEARING: SUBJECT: Authorize a Contract in the Amount of $281 ,625.00 with Apeck Construction , Inc., for the Lake Worth Hazard Stump Removal Project, Authorize the Transfer of $307 ,027.00 from Lake Worth Capital Improvement Fund (Gas Wells) to the Lake Worth Trust Fund and Adopt Appropriation Ordinances (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council : 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Lake Worth Capital Improvement Fund (Gas Wells) by $307 ,027.00 ; 2 . Authorize the transfer of $307 ,027.00 from the Lake Worth Capital Improvement Fund (Gas Wells) to the Lake Worth Trust Fund ; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Lake Worth Trust Fund by $307 ,027.00 ; and 4. Authorize the City Manager to execute a contract with Apeck Construction, Inc., for the Lake Worth Hazard Stump Removal Project in an amount of $281 ,625 .00 . DISCUSSION: This project is designed to enhance boat safety and recreational opportunities at Lake Worth by removing hazardous stumps and logs from the general recreational use area of Lake Worth . This project will involve the removal of 42 hazards found in potential dredge areas during the recent Lake Worth Dredging Design Project. It will also include a detailed stump hazard survey of the general recreational use area of Lake Worth and removal of additional hazardous stumps found during this survey. The project was advertised for bid on June 3 , 2010 and June 10 , 2010 . On July 8 , 2010 the following bids were received: BIDDER AMOUNT Apeck Construction, Inc. $281,625.00 ~============ Boyer, Inc. .00 Ark Contracting Services A peck Construction , Inc ., has been determined to be the lowest and best-qualified bidder. In addition to the contract amount of $281 ,625.00 , $25,402.00 will be appropriated for possible change orders and contingencies. The total amount requested for this project is $307,027.00. Apeck Construction , Inc., is in compliance with the City's M/WBE Ordinance by committing to 31 percent M/WBE participation . The City's goal on this project is 10 percent. This project is located in COUNCIL DISTRICT 7. http ://apps .cfwnet.org/council_packet/m c _rev iew.asp ?I D= 14 007 &councildate= 11 /9/2010 1/20/2011 M&CReview Page 2 of2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations , and the adoption of the attached appropriation ordinances , funds will be available in current capital budgets , as appropriated , of the Lake Worth Capital Improvement Fund (Gas Wells) and the Lake Worth Trust Fund . TO Fund/Account/Centers FROM Fund/Account/Centers 1) C246 446200 601159990100 $307.027 .00 1) C246 538070 601159990100 $307. 027. 00 3) FE70 539120 060001002000 $307.027 .00 2) C246 538070 601159990100 $307.027 .00 4) FE70 539120 060001002000 $281.625.00 2&3) FE70 472246 060001002000 $307.027 .00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATIACHMENTS Fernando Costa (6122) S. Frank Crumb (8207) Paul Bounds (8567) 60LW MAINTENANCE HAZARD STUMP REM Rec 1.doc 60LW MAINTENANCE HAZARD STUMP REM Rec 3.doc LakeWorthRecUseArea .pdf http://apps.cfwnet.org/ council _packet/me _ review.asp ?ID= 14007 &councildate= 11 /9/2010 1/20/2011 SPECIAL CONTRACT DOCUMENTS FOR LAKE WORTH MAINTENANCE "HAZARD STUMP REMOVAL" PROJECT NUMBER : WTR-2010-560040 UNIT I -SEARCH & TEMP. MARKER BUOY HAZARDS FOUND IN THE GENERAL BOATING USE AREA "A" UNIT II -REMOVAL OF DESIGNATED DISCOVERED BOATING HAZARDS FOUND BY UNIT l's SEARCH EFFORTS UNIT III -REMOVAL OF DESIGNATED LISTED STUMPS THAT ARE NOW l(NOWN TO EXIST IN AREAS; Bl,B2,C,D,F,G,IU,H2,J,K 2010 DALE FISSELER, P.E. CITY MANAGER FRANK CRUMB, P.E. DIRECTOR, WATER DEPARTMENT RECOMMENDED ------------------- ANDY CRONBERG, P.E. -ASSIST AN CT DIRECTOR, WATER DEPARTMENT APPROVED ---------------------- S. FRANK CRUMB, P.E. -DIRECTOR OF WATER DEPARTMENT SPECIAL CONTRACT DOCUMENTS FOR LAKE WORTH MAINTENANCE "HAZARD STUMP REMOVAL" PROJECT NUMBER : WTR-2010-560040 UNIT I -SEARCH & TEMP. MARKER BUOY HAZARDS FOUND IN THE GENERAL BOATING USE AREA "A" UNIT II -REMOVAL OF DESIGNATED DISCOVERED BOATING HAZARDS FOUND BY UNIT l's SEARCH EFFORTS UNIT III -REMOVAL OF DESIGNATED LISTED STUMPS THAT ARE NOW KNOWN TO EXIST IN AREAS: Bl,B2,C,D,F,G,Hl,H2,J,K DALE FISSELER, P.E. CITY MANAGER FRANK CRUMB, P.E. DIRECTOR, WATER DEPARTMENT ANDY CRONBERG, P.E. --ASSISTANT DIRECTOR, WATER DEPARTMENT CITY OF FORT WORTH, TEXAS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR LAKE WORTH MAINTENANCE "HAZARD STUMP REMOVAL " PROJECT NUMBER : WTR-2010-560040 TABLE OF CONTENTS PART "A" Notice to Bidders Special Instructions to Bidders PART "B" Proposal (Bid) MWBE Bid Specifications PART "C" General Conditions PART "CS" Supplementary Conditions PART "D" Special Conditions PART "E" Technical Specifications PART "F" Bonds and Insurance PART "G" Contract PART "H" Area Locations ( Units I, II, III ) Project Sign Detail PART "A" NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed Proposals for the furnishing of all labor, materials , and equipment for the: Lake Worth Maintenance "Hazard Stump Removal" (Units I, II, & III) Project Number WTR-2010-560040 addressed to the City of Fort Worth Purchasing Division will be received at the Purchasing Office , Lower Lev el , Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102 , until 1:30 P.M . July 8th , 2010. Bids will be publicly opened and read aloud at 2 :00 P .M . the same day, in the Fort Worth City Council Chambers. Special Contract Documents, including plans and detailed specifications , have been prepared for the project and may be obtained from the City of Fort Worth Water Department "Lake Worth Management Office " at no cost located at 7601 Cahoba Dr., Fort Worth, Texas 76135 A pre-bid conference will be held at 10:30 a.m. Wednesday, June 16th, 2010 at the Lake Worth Management Office ( 7601 Cahoba Drive -Mapsco 59H ). Engineer will transmit to all prospective bidders of record such Addenda, as Engineer considers necessary in response to questions arising at the pre-bid conference . Prequalification according to the Fort Worth Water Department Contract Specifications (as listed in the Special Instructions to Bidders) is required . All bidders must submit prequalification documents with the City of Fort Worth Water Department a minimum of seven (7) days prior to the bid opening. The City reserves the right to reject any and all bids and waive any or all irregularities . No Bid may be withdrawn until the expiration of ninety (90) days from the date the Bids are opened. For additional information, please contact Walter W. Hardin, Jr., P .E. at 682-432-4075 or email: walter.hardin(a),fortworthgov.org Publication Dates: June 3rd, 2010 June 10th, 2010 Dale Fisseler City Manager Marty Hendrix City Secretary SPECIAL INSTRUCTIONS TO BIDDERS (February 15, 2006) 1. PREQUALIFICATION REQUIREMENTS. All contractors submitting bids, are required to be pre-qualified by the Fort Worth Water Department prior to submitting bids. This pre-qualification process will establish a bid limit based on technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable equipment schedule, names and addresses of each individual or business entity owning 10% or more of the bidding entity, and any other documents the Depaiiment may deem necessary, to the Director of the Water Department or his designated representative, at least seven (7) calendar days prior to the date of the opening of bids. a) COVER LETTER. The cover letter provided by the prospective bidder with the pre-qualification information must include the following information: • Contact person (for additional information) if other than individual who signed the cover letter • If the bidder intends to submit a bid within thirty (30) days from the date that the pre-qualification request is submitted to the City, a statement as to the project to be bid and the date that the bids are scheduled to be opened. b) FINANCIAL STATEMENT. The financial statement required shall have been prepared by an independent certified public accountant or independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status of the submitting company. This statement must be current and not more than one ( 1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. c) EXPERIENCE RECORD. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in the work of both the same nature and technical level as that of the project for which bids are to be received. Experience must be on projects that were completed no more than 5 years prior to the date on which bids will be received. A minimum of three references must be included. References must include a contact person name, telephone number, project name and total cost, and type of work done (Utility contractor shall list pipe size and pipe linear footage). d) EQUIPMENT SCHEDULE. The prospective bidder shall list the equipment that the Contractor has available for the project and list the equipment that Contractor will rent as may be required to complete the project on which the Contractor submits a bid. A-2 The Water Department will re v iew each pre-qualifi cati on submitta l. From th e fin anc ia l statement, the max imum bid limit w ill be based on amount of liquid assets times 10. The expiration date for pre -qualification will be establi shed as 15 months after the date of the financial statement. The exper ience record will be rev iewed and verified at the sam e time . The following condition~ w ill appl y : a) The Director of the Water Department shall be the sole judge as to the accepta bility for financial and ex p eri enc e qualific ation to bid on any F ort Worth Water D epartment project. b) Bids recei ved in exce ss of the bid limit s hall be co nsid ered no n-res pon s ive and will be r ejecte d a s such. c) The City , in its sole discretion, may r eject a bid for failure to demonstrate experience and/or expertise. d) Any proposals submitted by a non pre-qualified bidder shall be returned unopened , and if inadvertently opened, shall not be considered . e) The City will attempt to notify prospective bidd ers w hose qu alific ations (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 wavier of any necessary pre-qualification. For additional information contact John Kasavich , Fort Worth Water D e partment at (817) 392-8480 (FAX 817-392-8195). Pre-qualification submittal should be sent to: John Kasavich Fort Worth Water Department 1000 Throckmorton Fort Worth , TX 76102-6212 2. BID SECURITY. A cashier's check, or an acceptabl e bidder's bond , payable to the City of Fort Worth, in the 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 bid bond, the surety must be licensed to do business in the State of Texas . In addition , the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100 ,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the Untied States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City , in its sole discretion , will determine the adequacy of the proof required herein. A-6 3. CONFLICT OF INTEREST DISCLOSURE REQUIREMENT. Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property , goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law , the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ can be found in the contract documents . The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. 4. BONDS. A performance bond, a payment bond, and a maintenance bond each for one hundred (100%) percent of the contract price will be required . Reference C3-3.7. 5. WAGE RA TES. Not less that 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. 6. 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. 7. BIDDER LICENSE: Prior to the award of contract to an out-of-state bidder, the bidder shall be licensed to do business in the State of Texas. For licensing procedures, contact the Texas Secretary of State Offices (Telephone Number 1-512-463-5555 or 1-900-263-0060) 8. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statues, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower that the lowest bid submitted by a Texas resident bidder by the same amount that a Texas resident would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has a place of business in the State of Texas. This provision does not apply if this contract involves federal funds. A-6 The appropriate blanks of the Proposal must be filled out by all nomesident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the contract amount is $25,000 or less , the contract amount shall be paid within forty-five (45) days after the completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers , members, agents , employees, subcontractors, program participants , or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this 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 pa1iies or subcontractors against the City arising out of the Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of the contract. 10. DISABILITY: In accordance with 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 the Contractor or any of its subcontractors. Contract warrants it will fully comply with ADA 's provision and any other applicable Federal, State, and local laws concerning disability and will defend, indemnify and hold harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of the Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning disability discrimination in the performance of this contract. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530 , 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 SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the A-6 GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p .m, five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City . Failure to comply shall render the bid non -responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts ( other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and /or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts ( other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three (3) years . 12. ADDENDA: Bidders wanting further information, interpretation or clarification of the contract documents must make their request in writing to the Fort Worth Water Department Engineering Services, at least 96 hours prior to bid opening. Answers to all such requests will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding . Should a bidder find discrepancies in, or omissions from, the Contract Documents, or should the bidder be in doubt as to their meaning, the bidder should at once notify the Fort Worth Water Department Engineering Services, in order that a written addendum may be sent to all bidders. Any addenda issued will be mailed or be delivered to each prospective bidder. The bid proposal as submitted by the bidder must be so constructed as to include any addenda issued by the Fort Worth Water Department, prior to 24 hours of the opening of bids with appropriate recognition of addenda so noted in the bid proposal. A-6 PART "B" PROPOSAL (BID) MWBE BID SPECIFICATIONS "\ TO: Mr. Dale Fisseler City Manager Fort Worth, Texas PART "B" -PROPOSAL PROPOSAL FOR: furnishing of all material and equipment and labor and all necessary appurtenances and incidental work to provide an operable project designated as: LAKE WORTH MAINTENANCE " HAZARD STUMP REMOVAL" PROJECT NUMBER: WTR-2010-560040 UNIT I -SEARCH & TEMP. MARKER BUOY HAZARDS FOUND IN THE GENERAL BOATING USE AREA "A" UNIT II -REMOVAL OF DESIGNATED DISCOVERED BOATING HAZARDS FOUND BY UNIT l's SEARCH EFFORTS UNIT III-REMOVAL OF DESIGNATED LISTED STUMPS THAT ARE NOW KNOWN TO EXIST IN AREAS: Bl,B2,C,D,F,G,Hl,H2,J,K Pursuant to the foregoing Notice to Bidders, the undersigned Bidder having thoroughly examined the Contract Documents, including plans, special contract documents and the 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 the labor, equipment and material , except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the plans and contract Documents and subject to the inspection and approval of the Director of the City Water Department of the City of Fort Worth, Texas: and binds himself upon acceptance of this proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any , as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to d the work within the time stated and for the following sums: B-1 I.·, I PART "B" -PROPOSAL ITEM APPROX. DESCRIPTION OF ITEM UNIT PRICE TOTAL AMOUNT BID NO . QUANTITY WITH BID PRICES · WRITTEN IN WORDS UNITI A. LS SEARCH WITH ADJUSTABLE FLOATING DRAG-BAR & MANUAL RAKE THE GENERAL BOATING USE AREA "A" INCLUDING THE PLACEMENT OF (UP TO 170) TEMPORARY MARKER BUOYS AND RECORD THE GPS LOCATIONS OF ALL DISCOVERED BOATING HAZARDS IN LAKE DEPTHS DOWN TO ELEVATION 584 (BASED UPON FULL LAKE LEVEL BEING 594) -INCLUDING JOB SET-UP AND MOBILIZATION. IN AREAS MORE SHALWW THAN ELEVATION THAN 584 SET THE ADJUSTABLE FLOATING DRAG-BAR ONE (l}FOOT MORE SHALLOW THAN THE LAKE BOTTOM DEPTH WHICH WILL VARY. One.. hl-lndre o( 40.....--\-)e.',5ht fho<As.and ~t~ -:D·y< ~c.:.. I ,u., ,c.\r ed +~e..itt ~ -.flu.a DOLLARS Afo CENTS $ l 'i $ 32,5 ~ LUMP SUM TOTAL BID FOR UNIT I $ I '-\ 8 "3 "2..S 00 B-2 n PART "B" -PROPOSAL ITEM APPROX. DE SCRIP TION OF ITEM UNIT TOTA L N O. QUANTIT Y WITH BID PRICES PRICE AMOUNT BID WRITTEN IN WORD S UNIT II-REMOVAL OF DESIGNATED DISCOVERED BOATING HAZARDS FOUND B Y UNIT I'S SEARCH EFFORTS-INCLUDE JOB SET UP AND M OBILIZAT ION: A. 3 0 B. 30 C. 30 CUT AND REMOVE STUMPS IN WATER DEPTHS NOT TO EXCEED SIX (6) FEET & DIAMETERS UP TO TE N (10) INCHES @ NOT HI GHER THAN TWELVE (12) INCHES ABOVE THE LAKE B OTIOM (B ID PRICE PE R EACH). ~UIM. ~&AJNr, · llM DOL LARS ...,l'.W CENTS $ oo Do 5(p5 ~ EACH $ I lD qso :....-FOR THIRTY (30) CUT AND REMOVE STUMPS IN WATER DEPTHS NOT TO EXCEED EIGHT (8) FEET & DIAMETERS UP TO TEN {l 0) INCHES @NOT IITGHER THAN TWELVE (12) INCHES ABOVE THE LAKE BOTTOM (BID PRICE PER EACH) . . 4UUL ik,dnJAi,~·f> DOLLARS ~ CENTS 0 () $ 5fo5 6.!. EACH $ He 'l5 Q -FOR THIRTY (30) CUT AND REMOVE STUMPS IN WATER DEPTHS NOT TO EXCEED TEN (10) FEET & DIAMETERS UP TO TEN (10) INCHES @ NOT IITGHER THAN TWELVE (12) INCHES ABOVE THE LAKE BOTIOM (BID PRICE PER EACH). 4 :/!,,,,dA.,)j[p, DOLLARS ~ CENTS 0 dO $ fo 50 o_ EACH $ lq 500 _,. F OR THIRTY (30) B -3 D. 30 E. 30 F. 30 CUT AND REMOVE STUMPS IN WATER DEPTHS NOT TO EXCEED SIX (6) FEET & DIAMETERS UP TO TWENTY FOUR (24) INCHES @ NOT HIGHER THAN TWELVE (12) INCHES ABOVE T HE LAKE BOTTOM (BID PRICE PER EACH) . ..Ju,,., ~ DOLLARS VJ.vO CENTS -oo $ 5 4 5 EACH $ I 42 9 S' () -FOR THIRTY (30) CUT AND REMOVE STUMPS IN WATER DEPTHS NOT TO EXCEED EIGHT (8) FEET & DIAMETERS UP TO TWENTY F OUR (24) INCHES @ NOT HIGHER THAN TWELVE (12) INCHES ABOVE THE LAKE BOTTOM (BID PRICE PER EACH) . .j~ ~clw.D~-/~DOLLARS {J v)\-0 CENTS- $ a o!,. 51.o5° EACH $ /'2 '15t) FOR THIRTY (30) CUT AND REMOVE STUMPS IN WATER DEPTHS NOT TO EXCEED TEN (10) FEET & DIAMETERS UP TO TWENTY FOUR(24) INCHES@NOT HIGHER THAN TWELVE (12) INCHES ABOVE THE LAKE BOTTOM (BID PRICE PER EACH). v?:ta CENTS oo oo $ (p 50 EACH $ f 9 5CJCJ -FOR THIRTY (30) ... c,O TOTAL BID FOR UNIT II $_ ..... 1-=0~(.,._c, _2'-=eJ ...... Q ___ _ ~-4 ITEM NO. EST. OUANITY PART "8" -PROPOSAL DESCRIPTION OF ITEM WITH BID PRICES WRITTEN IN WORDS UNIT PRICE TOTAL AMOUNT BID UNIT Ill -REMOVAL OF DESIGNATED STUMPS/PILINGS/BARRELS THAT ARE KNOWN TO EXIST VIA GPS IN THE FOLLOWING AREAS- INCLUDE JOB SET UP AND MOBILIZATION: AREA-Bl,B2 #34S I LS AREA-C #76S 1 #77S 1 #80B 1 #82B I #85S 1 #86S 1 #87S 1 #88S 1 #101S 1 #I02S 1 #l 16S 1 #126S 1 LS stump 1.3 feet diameter with 1.3 feet height above bottom REMOVE FROM LAKE THESE LISTED HAZARDS 4 ~tlAuf' DOLLARS V)lt.A) CENTS _______ __;:'--'------- "°-loOO -.-LUMP SUM $ rf) $ 4,00 - stump cluster 6.6 feet X 3.3 feet with 3.0 feet height above bottom stump cluster 4.6 feet X 3.3 feet with 1.6 feet height above bottom barrel 2.3 feet X 1.6 feet with 2.0 feet height above bottom barrel 2.3 feet X 2.3 feet with 2.0 feet height above bottom stump cluster 3.3 feet X 2.3 feet with 1.3 feet height above bottom stump cluster 3.3 feet X 1.6 feet with 3.3 feet height above bottom stump cluster 3.3 feet X 3.3 feet with 2.6 feet height above bottom stump cluster 5.6 feet X 2.3 feet with 3.0 feet height above bottom stump cluster 3.9 feet X 2.0 feet with 2.3 feet height above bottom stump cluster 3.0 feet X 2.0 feet with 3.0 feet height above bottom stump cluster 9.2 feet X 3.0 feet with 3.0 feet height above bottom stump cluster 3.9 feet X 3.6 feet with 1.6 feet height above bottom REMOVE FROM LAKE THESE LISTED HAZARDS G 1jU ~JU<.>..,~OLLARS (.Av) CENTS oO ~ $ ~ 500 --LUMP SUM $ 9 500 B-5 AREA-D #145B I barrel 2 .6 feet X J .3 feet with 2.3 feet height above bottom LS REMOVE F ROM LAKE THESE LISTED HAZARDS ~ CENTS $ (II} vt) ~O() -LUMP SUM $ ~ 00 - AREA -E NOTE ONLY LOGS FOUND TO EXIST-NO BIB ITEM AREA-F #1 66S AREA-G #173S #180S #183S #187S #188S 1 stump cl us ter 2.6 fee t X 2.3 feet with 2.6 feet height a bove bottom LS REMOVE FROM LAKE THESE LISTED HAZARDS ______ .._.//__,_-L-0.cc...=.. _______ CEN TS o..!-oo $ __ 7_otJ ___ LUMP SUM $ 700 - 1 stump cluster 4.9 feet X 2.0 feet with 3.3 feet height above bottom 1 stump cluster 4.6 feet X 3.0 fee t with 3.9 feet height above bottom 1 stump cluster 6.2 feet X 4.3 feet with 3 .3 feet height above bottom 1 stump cluster 4.6 feet X 2.6 feet wi th 2.6 feet height above bottom 1 stump cluster 4 .6 feet X 2.6 fee t with 2.6 feet height above bo tt om LS REMOVE FROM LAKE THESE LISTED HAZARDS ~'' cA_IYwa~~ }t;,dtvJ DOLLARS Y'i1&? CEN TS 60 oO $3500 -LUMPSUM $3500 B-6 • I AREA-Hl,H2 #197 S l #204S 1 #205B I #209S I #211 S 1 #212S 1 #217S 1 #218T I #2 12S I #227S 1 #228S 1 LS stump cluster 2.3 feet X 2.3 feet with 1.3 feet height above bottom stump cluster 2.6 feet X 2.3 feet with 2.0 feet height above bottom barrel 2.3 feet X 2.0 feet with 1.3 feet height above bottom stump cluster 3.3 feet X 2.3 feet with 2.6 feet height above bottom stump cluster 2.3 feet X 2.3 feet with 1.6 feet height above bottom stump cluster 3.0 feet X 1.6 feet with 1.3 feet height above bottom stump cluster 3 .0 feet X 1.6 feet with 1.6 feet height above bottom trees 2.3 feet X 1.6 feet with 2.0 feet height above bottom stump cluster 5.9 feet X 4.3 feet with 2.3 feet height above bottom stump cluster 3.3 feet X 1.0 feet with 2.3 feet height above bottom stump cluster 4.3 feet X 2.3 feet with 2.0 feet height above bottom REMOVE FROM LAKE TIIESE LISTED HAZARDS ~ a'mv.mI>.JWIM-SfZncLJ>oLLARS ~ CENTS . <.,_g_ 00 $ 7 7CXJ LUMP SUM $ 7 7 CJO c-- AREA -I NOTE MOSTLY LOGS WI NO STUMPS HIGHER-NO BID ITEM AREA -J #301S #312S 1 stump cluster 4.3 feet X 2.0 feet with 2.0 feet height above bottom 1 stump cluster 2.6 feet X 2.0 feet with 1. 0 feet height above bottom?? LS REMOVE FROM LAKE THESE LISTED HAZARDS ~ ~...g;_.,,~ DOLLARS t.Av0....-::::::' CENTS ,, $ o" oo /500 -LUMP SUM $ 1500 - B-7 AREA-K #335S #343S #348S #351S 1 stump cluster 7.2 feet X 3 .0 feet with 2.6 feet height above bottom 1 stump 1.3 feet X 1.3 feet with 2.6 feet height above bottom 1 stump 3.0 feet X 3 .0 feet with 1.6 feet height above bottom 1 stump cluster 3.3 feet X 2 .0 feet with 3 .0 feet height above bottom LS REMOVE FROM LAKE THESE LISTED HAZARDS .._,'.144..,~~ ~ DOLLARS 4('}tAJ CENTS $ 3 LfQO ~ LUMP SUM $ 3 L/:00 l(!!.. AREA -L NOTE NO HAZARD PROBLEMS NEAR DAM-NO BID ITEM . tit:?. TOTAL BID FOR UNIT III $ Z. G, 5()() /"" The City reserves the right to award the Contract to the Low, Responsive , Responsible Bidder for either UNIT I or UNIT II or UNIT III or total combined Bid. The Low Bidder will be determined based upon the selected altemative(s). Within ten days after acceptance of this Proposal, the undersigned will execute the formal Contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% of the total amount bid is to become the Property of the City of Fort Worth, Texas , in the event the contract and bond or bonds are not executed and delivered within the time set forth, as liquidated damages for the Ethically and additional work caused thereby. If the total bid is less than $25,000 dollars, the bid bond is waived: The undersigned bidder certifies that he has been furnished at least one set of General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978 and all addendum thereto, 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 it's Employees and applicants for employment and those of any labor organization, subcontractor, and employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by the City Ordinance No. 7400. Cont. next page B-9 The Bidder agrees to begin construction within 10 calendar days after issue of the Wo rk Order, and to complete the contract within 120 calendar days after beginning construction as set forth in the written Work Order to be furnished by the Owner. State of Residency: ( Complete A or B below, as applicable: ) A. The principal place qf business of our company is in The State of Lc,u\'o th na Non resident bidders in the State of /...(2 u ,s ,a Y]..a , our principal place o f business, are re quired to be a _percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of Lou ,~qnc;: , our principal place of business, are no t requi red to underbid resident bidders. B. The principal place of business of our company or our parent company or majority holder is in the State of Texas. I (We), acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 ( Initials) ____ _ Addendum No. 2 (Initials) ____ _ Addendum No. 3 (Initials)----- Seal If Bidder is Corporation Date: 7 -g ~ 2o &'t) itle or Position Re E<L\s.. ~,..,sT 8-u.c.T10,v, ltJc Contractor Street City, State, Zip Code Telephone Number B-10 ST ATE OF LOUISIANA PA RISH OF VERNON ;........, RESOLUTION At a specially called meeting of the Board of Directors of Apeck Construction, Inc ., held this 29 51 day of A ugust, 2 002 , at Anacoco , Louisiana, due notice having been given and the entire Board of Directors being present, it was moved, se conded and unanimously carried: BE IT RESOLVED Joseph E . Williams , President, Charles T. Williams, and Charles S. Williams , Vice Pres id ent, of A peck Construction , Inc ., be and each is , hereby authorized , for and on behalf of Apeck Construction , Inc., to ente r into contracts and agreements , to purchase, lease or acquire in any manner, for such price and on such terms and co ndition s as t hey deem proper, any type of property (movable or immovable) as th ey might deem proper and nece ssary for the conduction of the affairs of this Corporation . Each is further authorized, for and on behalf of this Corporation , to fully b in d the sa id Corporation in all tran sactions , and to further sell , lease, transfer , mortgage, assign, or, in any manner , alienate and encumb er any and all properties of this Corporation , both movable or immovable, for such price and on such terms and co nd it io ns as th ey might deem proper; such authority extending to property now owned, or any property which the Co rp o ration m ig ht own in the future. BE IT FURTHER RESOLVED THAT Joseph E. W illiams , President, Charles T. Williams, and Charles S. Wi ll iams, Vice Presid ent, be, and each is , hereby authorized to execute and sign any and all deeds , conveyances, mortgages, leases , no te s, or an y contracts of any sort necessary to carry into effect the authority herein vested in him ; that each of the above person s is furth er authori zed for and on behalf of the said Corporation to enter into an y and all agre ements and contracts and t o full y bind and obligate th e said Corporation in all lawful manner. BE IT FURTHER RESOLVED that it is the intention of this Corporation , by this resolution , to give Joseph E. Willi ams , C ha r les T . William s, and Charles S. Williams power to purchase, alien ate , encumber, mortgage , sell property (on •. MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS @oll' FORT WORTH ----·w· ,,..... -City of Fort Worth - - - - - - Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable. If the total dollar value of the contract is less than $25 ,000, the M/WBE goal is not applicable . POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minor ity and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis . All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ord inance apply to this bid . M/WBE PROJECT GOALS T he City's M/WBE goal on this project is 1 ().()% of the total bid (Base bid applies to Parks a nd Community Services). 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 fillowing : 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; ,-3. Waiver documentation , or; 4. Joint Venture . - -·. -- - - - SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the followin for the entire bid to be considered res onsive to the s ecifications . ,;- 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded : openinq date , exclusive of the bid ooeninq date . 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form , if participation is less than opening date, exclusive of the bid opening date . stated Qoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City bus iness days after the bid Utilization Form , if no M/WBE participation : opening date, exclusive of the bid opening date . 4. Prime Contractor Waiver Form , if you wi ll received by 5:00 p.m., five (5) City business days after the bid perform all subcontractinQ/supplier work : openinQ date, exclusive of the bid openinq date . 5. Joint Venture Form , if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date , exclusive of the b id 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) 392-6104 . Rev . I 1/1 /05 - ... - liill - .... liil - ATIACHMENT 1A Page 1 of 4 fORTWORTH -~ City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME : EC.. Cor-Js R.u.c.., O L. PROJECT NAME : LA K.1! \.t.Jc)Y'+ h ma. i f\t-e" Q f\C <. "Hau.i,J She my, Pro~cc.\ \\lo·. l;JTfl..· lO JO-s~oo-4 0 City's M/WBE Project Goal : % Prime's M/WBE Project Utilization: 30 % Check applicable block to describe prime -)~• ~-MNV-/O_B_E...J.~--N..:O:N-=MN:J)J=/=DB:..E.:._-J ID DATE 7-S-2.o/D PROJECT NUMBER Identify all subcontractors/suppliers you will use on this project Fa ilure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m . five (5) City business days after bid opening, exclusive of bid opening date, will result in the b id being considered non-responsive to bid specifications. The unders igned Offerer agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule , conditioned upon execution of a contract with the City of Fort Worth. The intentional I and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non:-responsive to bid specifications M/WBEs listed toward meet ing the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant , Parke r, Johnson , Coll in, Dallas , Denton, Ellis, Kaufman and Rockwall counties . Identify each T ier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct ] payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to it s supplier is considered 2 nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification mea ns those firms , located or doing business at the time of bid opening within the Marketplace , that have been det ermined to be bona fi de minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA ), or the Te xas Department of Transportation (TX DOT), highway division . Disadvantaged Business Enterprise (DBE ) is synonymous with Minori ty/Women Business Enterprise (M/WBE) . If hauling services are utilized , the prime will be given credit as long as the M/WBE listed owns an d I ope rates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lea se trucks from another M/WBE firm, including M/WBE owner-operators i and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs , including owner-operators, but will only receive credit for the fees and commissions earned b the M/WBE as outlined in the lease a reement. __J Rev . 5/30/03 fORTWORTH ATIACHMENT 1A P ag e 2 of 4 ~ lliiil Primes are requi re d to ide nt ify ALL su bcontractors/s uppliers , regard less of status ; i.e., Mi nori ty , Women and no n-MNvBE s. Pl ease list MM/BE fir ms first , use additional sheets if necessary . Certifi cation N 1111 (c heck one) 0 SUBCONTRACTOruSUPPUER T n - Company Name i N T Detail Detail C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D w -Tel e phone/Fax r B B R 0 ·s E E C T E A .T;$, l,1c..d6f.4 P>ronc.hw~t-t(' Sc-c-u ,ccs, Su.n.1 e.'> q ~o \ \1Je5i-l{~\ll>O~ z~ I "f Gieor~e. t<>11J I\ 'f'I. 7 g(. z i rJ7) 1...~,<~ ~3 500 --Pho"CIL. Sl2.•2SGf-~O'-IO fZ s,z. z.sq <oo6 \ o-'f-.. C N'f'ltE l),s,oS4 l LTD (~Uf>) 5BO I St.tn \(,die~ D~1v1L f ... f T I.lb tl.T" H T"f. De~r ~c., '-I ooo ,oo ~h•fl~ 811 · ~1g·1Z i S Rem o\lA \ .. F~;. g J?· qg5. O S IZ- Ro I')~(\ Buo~s F I C)Q. t-.s -17livc.hot 8~~ aG IJ)~gJJ/5 8 €ue"S'ceo 81c.o\ G,._'o le. 2. 7 000 Ce.dQ.~ bl>.<''S u.J\ v Af\c..ho tt.. ... 53012.. - Iii - - -Rev . 5/30/03 PART "C" GENERAL CONDITIONS - - - - - - ~· Cl-1 Cl-1.1 Cl-1.2 C 1-1.3 Cl-1.4 C 1-1.5 Cl-1.6 Cl-1.7 Cl-1.8 Cl-1.9 Cl-1.10 Cl-1.11 Cl-1.12 Cl-1.13 Cl-1.14 Cl-1.15 Cl-1.16 Cl-1.17 Cl-1.18 Cl-1.19 Cl-1.20 Cl-1.21 Cl-1.22 Cl-1.23 Cl-1.24 Cl-1.25 Cl-1.26 Cl-1.27 Cl-1.28 Cl-1.29 Cl-1.30 Cl-1.31 Cl-1.32 PART C-GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specifications Bonds Contract Plans City City Council Mayor City Manager City Attorney Director of Public Works Director, City Water Department Engineer Contractor Sureties The Work or Project Working Day Calendar Days Legal Holidays Abbreviations Change Order Paved Streets and Alleys Unpaved Streets or Alleys City Street Roadway Gravel Street Cl-1 (1) Cl-1 (1) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) Cl-1 (2) C 1-1 (2) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1(3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (3) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 (4) Cl-1 (5) Cl-1 (5) Cl-1 (6) C 1-1 (6) Cl-1 (6) Cl-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 C2-2.2 C2-2 .3 C2-2.4 Proposal Form Interpretation of Quantities Examination of Contract Documents and Site of Project Submitting of Proposal (1) C2-2 (1) C2-2 (1) C2-2 (2) C2-2 (2) -" ,, ... I'~ - - - - - - - - C2-2.5 Rejection of Proposals C2-2 .6 Bid Security C2-2.7 Delivery of Proposal C2-2.8 Withdrawing Proposals C2 -2.9 Telegraphic Modifications of Proposals C2 -2.10 Public Opening of Proposal C2-2 . l l Irregular Proposals C2-2 .12 Disqualification of Bidders C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3 -3.1 Consideration of Proposal s C3 -3.2 Minority Bus iness Enterprise/Women Business Enterprise Compliance C3-3.3 Equal Employment Provisions C3-3.4 Withdrawal of Proposals C3-3 .5 A ward of Contract C3-3 .6 Return of Proposal Securities C3-3 .7 Bonds C3-3.8 Execution of Contract C3 -3.9 Fai lure to Execute Contract C-3-3.10 Beginning Work C3 -3.1 1 Insurance C3-3.12 Contractor's Obligations C3 -3.13 Weekly Payro ll s C3 -3.14 Contractor's Contract Administration C3 -3.15 Venue C4-4 SCOPE OF WORK C4 -4 .1 Intent of Contract Documents C4-4 .2 Special Provisions C4-4.3 Increased or Decreased Quantities C4-4.4 Alteration of Contract Documents C4-4.5 Extra Work C4 -4 .6 Schedule of Operation C4-4 .7 Progress Schedules for Water and Sewer Plant Facilities CS -5 CONTROL OF WORK AND MATERIALS CS-5 .1 CS-5 .2 CS-5 .3 CS -5.4 CS-5.5 CS -5.6 C5-5 .7 Authority of Engineer Conformity with Plans Coordination of Contract Documents Cooperation of Contractor Emergency and/or Rectification Work Field Office Construction Stakes (2) C2-2 (3) C2 -2 (3) C2 -2 (3) C2 -2 (3) C2 -2 (3) C2-2 (4) C2-2(4) C2 -2(4) C3-3 (1) C3-3 (1) C3-3 (1) C3-3 (1) C3 -3 (2) C3 -3 (2) C3 -3 (2) C3 -3 (3) C3 -3 (3) C3-3 (4) C3 -3 (4) C3-3 (6) C3-3 (6) C3 -3 (6) C3-3 (7) C4-4 (1) C4 -4 (1) C4 -4 (1) C4-4 (2) C4 -4 (2) C4-4 (3) C4-4 (4) C5-5 (1) CS-5 (1) C5-5 (1) C5 -5 (2) C5-5 (2) C5-5 (3) CS-5 (3) .... - - - - ... - - -. ~ C5-5.8 C5-5 .9 C5-5.10 C5 -5.11 C5-5.12 C5-5 .13 C5-5 .14 C5-5.15 C5 -5.16 C5-5.17 C5-5.18 C6-6 C6-6.1 C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 C6-6.7 C6-6.8 C6-6.9 C6-6.10 C6.6 .11 C6-6.12 C6-6 .13 C6-6.14 C6-6.15 C6-6.16 C6-6 .1 7 C6-6.18 C6-6.19 C6-6.20 C6-6.21 C7-7 C7-7.1 C7-7.2 C7 -7.3 C7-7.4 C7-7.5 C7-7.6 C7-7.7 C7-7.8 Authority and Duties of City Inspector Inspection Removal of Defective and Unauthorized Work Substitute Materials or Equipment Samples and Tests of Materials Storage of Materials Existing Structures and Uti l ities Interruption of Service Mutual Responsibility of Contractors Clean-Up Final Inspection LEGAL RELATIONS AND PUBLIC RESPONSIBILITY Laws to be Observed Permits and Licenses Patented Devices, Materials, and Processes Sanitary Provisions Public Safety and Convenience Privileges f Contractor in Streets, Alleys, and Right-of-Way Railway Crossings Barricades, Warnings and Flagmen Use of Explosives, Drop Weight, Etc. Work Within Easements Independent Contractor Contractor's Responsibility for Damage Claims Contractor's Claim for Damages Adjustment or Relocation of Public Utilities, Etc . Temporary Sewer and Drain Connections C5 -5 (3) C5-5 (4) C5-5 (4) C5-5 (4) C5-5 (5) C5-5 (5) C5-5 (5) C5 -5 (6) C5-5 (7) C5-5 (7) C5 -5 (8) C6-6 (1) C6-6 (1) C6-6 (1) C6-6 (1) C6-6 (2) C6-6 (3) C6-6 (3) C6-6 (3) C6-6 (4) C6-6 (5) C6-6 (6) C6-6 (6) C6 -6 (8) C6 -6 (8) C6 -6 (8) Arrangement and Charges for Water Furnished by the City C6-6 (9) Use of a Section or Portion of the Work C6-6 (9) Contractor's Responsibility for the Work C6-6 (9) No Waiver of Legal Rights C6-6 (9) Personal Liability of Public Officials C6-6 (10) State Sales Tax C6-6 (10) PROSECUTION AND PROGRESS Subletting C7-7 (1) Assignment of Contract C7-7 (1) Prosecution of The Work C7-7 (1) Limitation of Operations C7-7 (2) Character of Workmen and Equipment C7-7 (2) Work Schedul e C7-7 (3) Time of Commencement and Completion C7-7 (3) Extension of Time Completion C7 -7 (3) (3) " ' . " C7-7.9 C 7-7 .1 0 C 7-7 . I I C7-7 .12 C 7-7 .1 3 C7-7.14 C7-7.15 C7-7.16 C7 -7 .l 7 C8-8 C8 -8.l C8 -8 .2 C8-8 .3 C8-8.4 C8 -8.5 C8 -8.6 C8 -8.7 C8 -8 .8 C8 -8.9 C8 -8.10 C8 -8 .l 1 C8 -8 .1 2 C8 -8.I3 Delays Time of Completion Suspension by Court Order Temporary Suspension Termination of Contract due to National Emergency Suspension or Abandonment of the Work and Annulment of the Contract: Fulfillment of Contract Termination for Convenience of the Owner Safety Methods and Practices MEASUREMENT AND PAYMENT Measurement Of Quantities U ni t Prices Lump Sum Scope of Payment Partial Estimates and Retainage Withho lding Payment F inal Acceptance F inal Payment Adequacy of Design General Guaranty Subsidiary Work M iscell aneo us P lacement of Material Record D ocuments (4) C7 -7 (4) C7-7 (4) C7 -7 (5) C7-7 (5) C7 -7 (6) C7-7 (6) C7 -7 (8) C7 -7 (8) C7-7(1I) C8-8 (1) C8 -8 (1) C8-8 (1) C8 -8 (1) C8 -8 (2) C8 -8 (3) C8 -8 (3) C8 -8 (3) C8 -8 (4) C8 -8 ( 4) C8 -8(4) C8 -8 ( 4) C8 -8(4) • ..... . - . _,. - - - ,i,lt I ' .... - PART C-GENERAL CONDITIONS Cl -I DEFINITIONS SECTION Cl-I DEFINITIONS Cl -I.I 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: Cl-1.2 CONTRACT DOCUMENTS: The Contract Documents are in all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained on the General Contract Documents and the Special Contract Documents. a . GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and Include the following Items b. PART A-NOTICE TO BIDDERS PART B -PROPOSAL PART C -GENERAL CONDITIONS PART D-SPECIAL CONDITIONS PART E -SPECIFICATIONS PERMITS/EASEMENTS PART F -BONDS PART G -CONTRACT (Sample) (Sample) (CITY) (Developer) (Sample) (Sample) White White Canary Yellow Brown Green El-White E2-Golden Rod E2A-White Blue White White SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A -NOTICE TO BIDDERS (Advertisement) same as above PART B -PROPOSAL (Bid) PART C-GENERAL CONDITIONS PART D-SPECIAL CONDITIONS PART E-SPECIFICATIONS PERMITS /EASEMENTS PART F-BONDS PART G -CONTRACT PART H -PLANS (Usually bound separately) Cl-I (1) - - Ji'-, C 1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders . C 1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. Cl-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. Whenever there may be a conflict between the General Conditions and the Special Conditions, the latter shall take precedence .. Cl-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. Cl-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which set forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed an useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. Cl-1.9 BONDS: The bond or bonds are the written guarantee or security furnished by the Contractor for prompt and faithful performance of the contract and include the following : a. Performance Bond (see paragraph C3-3.7) b. Payment Bond (see paragraph C3-3 .7) c. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) Cl-1 (2) ,.. .... C 1-1 .10 CONTRACT: The Contract is a formal signed agreement between the owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. Cl-1.11 PLANS : The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross -sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from the other parts of the Contract Documents, but they are part of the Contract Documents just as though they were bound therein. Cl-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of the Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. Cl-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. C 1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tern of the City of Fort Worth, Texas. C 1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. Cl-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative . C 1-1.17 DIRECTOR OF PUBLIC WORKS: The officially appointed official of the City of Fort Worth, Texas, referred to in the charter as the City Engineer, or his duly authorized representative. Cl-1.18 DIRECTOR, CITY WATER DEPARTMENT: The officially appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. Cl-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. Cl-1.20 CONTRACTOR: The person , person's, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of work, acting Cl-I (3) directly or through a duly authorized representative . A sub-contractor is a p erson, firm , corporation, supplying labor and materials or only labor, for the work at the site of the project. Cl-1.21 SURETIES: The Corporate bodies which are bound by such bonds as are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and s atisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. Cl-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. Cl-1.23 WORKING DAY: A working day is defined as a calendar day , not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m . and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6 Cl-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. Cl-1.25: LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. New Year's day M.L . King, Jr. Birthday Memorial Day Independence Day Labor Day Thanksgiving Day Thanksgiving Friday Christmas Day Such other days in lieu of holidays as the City Council may determine January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Forth Friday in November December 25 When one of the above named holidays or a special holiday is declared by the City Council, falls on a Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar as the holiday. Cl-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the Contract Documents, the intent and meaning shall be as follows: Cl-1 (4) ..... . .a. - AASHTO -American Association of State MOD Million Gallons Highway Transporta tion Officials per D ay ASCE America n Society of Ci v il CFS Cubic Foot p e r Engineers Second IAW In Accordance With Min . Minimum ASTM America n Soci e ty of Testing Mono . Monolithic Material s % P ercentum AWWA American Water Works R Radius Association I.D . Inside Diamet er ASA American Standards Association O.D. Out sid e Di ameter HI Hydraulic Institute Elev. Elevation Asph. Asphalt F Fahrenheit Ave. Avenue C Centigrade Blvd. Boulevard In. In c h CI Cast Iron Ft. Foot CL Center Line St. Stree t GI Galvanized Iron CY Cubic Yard Lin. Linear or Lineal Yd. Yard lb. Pound SY Square yard MH Manhole L.F. Linear Foot Max. Maximum D.I . Ductile Iron Cl-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C 1-1 .28 PAVED STREETS AND ALLEYS : A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. 2. 3. 4. 5. Any type of asphaltic concrete with or without separate base material. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. Brick, with or without separate base material. Concrete , with or without separate base material. Any combination of the above. Cl -1 (5) - ' ' C 1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined for "Paved Streets and Alleys." Cl-1.30 CITY STREET: A city street is defined as that area between the right-of-way lines as the street is dedicated. Cl-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2') back of the curb lines or four ('4) feet back of the average edge of pavement where no curb exists. C 1-1.32 GRAVEL STREET: A gravel street is an unimproved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. Cl-1 (6) - - SECTION C -GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with Proposal form , which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder 's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule ," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and no more than one (1) year old. In the case that bidding date falls within the time a new statement is being prepared , the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been completed not more than five (5) years prior to the date on which Bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans . The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents . C2-2(1) - - -. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the Owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations , tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member of the firm, association, or partnership, or by person duly authorized. If a proposal is submitted by a company or corporation, the company or corporation name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power C2-2(2) - - -- - - .- - of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, erasures, or irregularities of any kind, or contain unbalanced value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened . C2-2 .6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2 .7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marker with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration must be made in writing, addressed to the City Manager, and filed with him prior to the time set for opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non- consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAHIC MODIFICATIONS OF PROPOSALS: Any Bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight ( 48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2(3) - - - - C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which can not be waived. C2-2 .12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reasons: a) Reasons for believing that collusion exists among bidders. b) Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. c) The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d) e) f) g) h) The bidder being in arrears on any existing contract or having defaulted on a previous contract. The bidder having performed a prior contract in an unsatisfactory manner. Lack of competency as revealed by financial statement, experience statement, equipment schedule, and such inquiries as the Owner may see fit to make. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. 2. 3. Financial Statement showing the financial condition of the bidder as specified in Part "A" -Special Instructions 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. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of the bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(4) -- - - - - - PART C -GENERAL CONDITIONS C3-3 A WARD 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 formula s or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of the unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid . Until the ward of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as may be considered for the best interest of the Owner. C3-3 .2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request , complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by the Owner, to allow and audit and/or an examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWE or WBE . Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six ( 6) months. C3-3 .3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinances prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site , and at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner, it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3 (1) - - - - / - - C 3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time , not to exceed forty-five ( 45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if award is made, will be to the lowest and best responsive bidder . The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders , will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids , after which they will be returned by the City Secretary . C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the owner in the amounts herein required, the following bonds: a. b. C. PERFORMANCE BOND: A good and sufficient performance bond in the amount of not less than l 00 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or use of inferior materials . This performance bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City . MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8 .10. PAYMENT BOND: A good and sufficient payment bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article C3-3 (2) -· _, r. - ,._. , . - d. 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56 1 h 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. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort W01ih, Texas, and which is acceptable to the Owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner, the Contract and such bonds as may be required in the Contract Documents. No Contract shall be binding upon the Owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3 .9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the owner as an abandonment of his proposal, and the owner may annual the A ward. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which the Owner will C3-3 (3) -•. - ,, .. - suffer by reason of such failure on the part of the Awardee and shall thereupon immediately by forfeited to the Owner. The filing of a proposal will be considered as acceptance of this provision by the Bidder. C-3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3. ll INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub-contractor's certificate of insurance for approval. The prime Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. b. C. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Worker's Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in the amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability (covers General Contractor's Liability for acts of sub-contractors). C3-3 (4) - d. e . - ,. f. .- g. - 2. Blasting, prior to any blasting be ing done . 3. Collapse of buildings or structures adjacent to ex cavation .(if excavation are performed adjacent to same). 4. Damage to underground utilities for $500 ,000. 5. 6. Builder 's risk (wh ere above-ground structures are invol v ed). Contractual Liability ( covers all indemnifi cation requirements of Contract). AUTOMOBILE INSURANCE -BODILY INJURY AND PROPERTY DAMAGE : The Contractor shall procure and m a intain during the life of this Contract, Comprehensive Automobile Liability Insurance in an amount not less than $250 ,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100 ,000 . SCOPE OF INSURANCE AND SPECIAL HAZARD: The msurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors , respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employ ed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Prime Contractor's insurance not cover the sub-contractor's work operations . LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor 's insurance and C3-3 (5) -' ,, 1 - -· - performance, payment, maintenance and all such other bonds are written, shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth. Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, and claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth- Dallas area. The name of the agent, or agents shall be set forth on all such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLLS: A certified copy of each payroll covering payment of wages to all persons engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period . A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3 .14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth -Dallas metropo litan area. The Contractor shall charge, delegate, or assign this office ( or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or other wise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditure, all claims against work or any other mater associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for the administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth- Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all C3 -3 (6) - . ' appropriately signed and sealed, as applicable, by the Contractor's responsible offices with the understanding that this written assignment of authority to the local representative shall become part of the project Contract as though bound directly into the project documents . The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work , or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of the Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion , stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be allowed for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas . C3-3 (7) ... ...... - f ,,-. SECTION C4-4 SCOPE OF WORK PART C -GENERAL CONDITIONS C4-4 SCOPE OF WORK C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor , tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, the "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for any such work and furnished to the Bidder in the form of Addenda . All such "Special Provisions" shall be considered to be part of the Contract Documents just as though they were originally written therein. C4-4 .3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary , and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than twenty-five (25) percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work." No allowance will be made for any changes in anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but not to the various depth categories. C4 -4 (1) - -' - C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change order, the owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole . Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that before any extra work is begun a "Change order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. b . C. Unit bid price previously approved. An agreed lump sum. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates, (3) materials entering permanently into the project, and ( 4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10 percent of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owner by him and used for extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and ( 4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting Parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. C4-4 (2) -. - - Should a difference arise as to what does or dose not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof as provided under method (Item 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 said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for "Extra Work" whether or not initiated by a "Change Order" shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or extra work. C4-4.6 SCHEDULE OF OPERATION: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner's approval thereof, a "Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the Contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of the first monthly progress payment, the Contractor shall prepare and submit to the owner for approval six copies of the schedule in which the Contractor proposes to carry on activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Engineer. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. C4-4 (3) - Prior to the final drafting of the detailed construction schedule , the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to the time constraints, sequencing requirements and completion time. b. The construction progress shall be divided into activities with time durations of approximately fourteen days (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline . c. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum, be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen (14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals 2. Submittal review periods. C4-4 (4) ~ .. - ' ' - 3. 4. 5. 6. 7. 8. 9. Shop fabrication and delivery. Erection or installation. Transmittal of manufacturer's operation and maintenance instructions. Installed equipment and materials testing. Owner's operator instruction (if applicable). Final inspection. Operational testing. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with diligence as will insure its completion within the time specified. C4-4 (5) -- PART C -GENERAL CONDITIONS CS-5 CONTROL OF WORK AND MATERIALS SECTION CS-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. The Engineer shall decide all questions which arise as to the quality and acceptability of the materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the Contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequence or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents . The Engineer shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the owner and Contractor, a written decision on the matter in controversy. CS-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross-sections, finish, and dimensions shown on the plans or any other requirements other wise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. CS-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is · as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general conditions and standard specification, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the CS-5 (1) Contract Documents, and the owner shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillm ent of the intent of the Contract Documents . In the event the Contractor discovers an apparent error or discrepancy , he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in drawings , specifications , or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. CS-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of Contract Documents and shall have available on the site of the project at all times , one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work . Such assistant project superintendent shall be a resident of Tarrant County , Texas, and shall be subject to call, as is the project superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of the property contiguous to the project routing . The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work . CS -5.5 EMERGENCY AND /OR RECTIFICATION WORK: When , in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar-day or a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the C5-5 (2) discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not shoe just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. 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 x 14 feet in floor area, substantially constructed, well heated , air conditioned, lighted, and weather proof, so that documents will not be damaged by the elements. CS-5 .7 CONTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted under these Contract Documents, and lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed , or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. CS-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed . A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have the authority to reject materials or equipment, and/or to suspend work until the question at issue can be referred to and decided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary tot he requirement s of the CS-5 (3) Contract Documents. The City Inspector will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management or operation of the . work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents of the Contract Documents, provided , however, should the Contractor object to any orders or instructions or the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in Controversy. C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed . After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should Work so exposed or examined prove to be unacceptable, the uncovering or removing and replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. CS-5.10 REMOVAL OF EDEFCTIVEAND UNAUTHORIZED WORK:All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at this expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specially provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due tot he Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such work. C5-5 .11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, he shall, prior to the preconstruction conference, make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the function called for by the general design, be similar and of equal substance to that specified and be suited to the same use and C5 -5 (4) capable of performing the same function as that specified ; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employees by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless other wise specifically provided. The failure of the Owner to make any tests of materials shall in no way relieve the contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents . Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction contract shall be stored so as to insure the preservation of quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the plans relative to the existing utilities are based on the best information available. Omission from, the inclusion of utility locations on the Plans is not to be considered as nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for C5-5 (5) - all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location . It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works , provision of which is not made in these Contract Documents , in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor's responsibility to verify locations of the adjacent and /or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances . The Contractor shall take all necessary precautions in order to protect all existing utilities , structures, and service lines. Verification of existing utilities, structures , and service lines shall include notification of all utility companies at least forty-eight ( 48) hours in advance of construction including exploratory excavation if necessary. All verification of utilities and their adjustment shall be considered subsidiary work. CS -5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosecution of work where the interruption of service is necessary , the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption . 2 . Notify each customer personally through responsible personnel as to the time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's door knob . The tag shall be durable in composition, and in large bold letters shall say: CS -5 (6) .. "NOTICE " Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be interrupted on ____ _ between the hours of and ---- This inconvenience will be as short as possible . Thank You, Contractor Address Phone b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above, but immediate. CS-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through act or neglect on the part of the Contractor, or any other Contractor or any sub-contractor shall suffer loss or damage of the work, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration . If such other Contractor or sub- contractor shall assert any claim against the owner on account of damage alleged to have been sustained, the owner will notify the Contractor, who shall indemnify and save harmless the owner against any such claim. CS-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the satisfaction of the Engineer. Twenty-four (24) hours after written notice is given the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean-up required on the project. C5-5 (7) ...... .... - ... '" . "., CS-5.18 FINAL INSP ECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final clean-up performed , the Engineer will notify the proper officials of the Owner and request that a Final Inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper re solution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. C5-5 (8) ..... .... ..... PART C -GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED:The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders , laws, ordinances and regulations which exist or which may be en acted later by bodies having jurisdiction or authority for such enactment. No plea or misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance , regulation , or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES : The Contractor shall procure all permits and licenses, pay all charges, costs and fees , and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6 .3 PATENTED DEVICES, MATERIALS, AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract price shall include all royalties or cost arising from patents, trademarks, and copyrights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such trade-mark or copyright in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by C6-6(1) - --... - the Contractor. All such facilities shall be kept in a clean and sanitary condition , free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with . C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to the property contiguous tot he work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings . Such provisions may include bridging, placement or crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer, If diversion of traffic is approved by the Engineer at any location, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work or materials furnished by the Owner or by the City shall be deducted from the monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or streams, his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. C6-6(2) - - -- - - - The Contractor shall at all times conduct his operation and use of construction machinery so as not to damage or destroy trees and scrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or staked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railroad tracks, the work shall be carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railroad, the City will secure the necessary easement for the work. Where the railroad tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railroad company as to the methods of performing the work and take all precautions for the safety of property and the public. Negotiations with the railway companies for the permits shall be done by and through the City. The Contractor shall give the City Notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights, and danger signals, shall provide such watchman, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary . Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under C6-6(3) ·- - ..... - - - ...... - - construction or being maintained . The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work a nd preve nt accident or damage. All installations and procedures shall be consistent with provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statues, pertinent section being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign , or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction , the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871-8075), to remove the sign. In case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referred manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re- installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible foe all damage to the work or the public due to failure of barricades, signs, fences, lights , or watchmen to protect them . Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents , will be paid to the Contractor for the Work and materials involved in the constructing, providing , and maintaining of barricades , signs, fences, and lights or salaries of watchmen, for the subsequent removal and disposal of such barricades, signs , or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in advance of the use of any C6-6(4) - - - - - activity which might damage or endanger their or his property along or adjacent to the work . Where the use of explosives is to be permitted on the project, as specified in the Special Conditions Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges, as the City may deem necessary for the prosecution of the work . Any additional rights-of-way or work area considered necessary by the Contractor shall be provided by him at his expense. Such additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Unless specifically provided otherwise, the Contractor shall clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations . The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to, all tress, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the work. The Contractor shall notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of non-execution thereof on the part of the Contractor, he shall restore or have restored as his cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise C6-6(5) - - - ,,. - - - ... . - - - replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross brace posts on either side of the permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross-braced posts at the point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due to or to become due to the Contractor under this contract. C6.6. l 1 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that the Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the Owner. Contractor shall have exclusive control of and exclusive right to control the details of all work and services performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractor, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. C6 -6 .1 2 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in apart, by alleged negligence on the part of officers, agents, employees, contractors, subcontractors, licensees or invitees of the C6-6(6) - - - - - Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers, agents, servants, and employees for property damage or loss, and/or personal injuries, including death, to any and all person of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in apart, by alleged negligence of officers, agents, employees, contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries, loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in apart, any and all alleged acts of omission of officers, agents, employees, contractors, subcontractors, licensees, or invitees of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended to the Director of the Water Department for a period of 30 days after the· date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claims concerned remains unsettled as of the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in the amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory tot he Director that: 1. 2. The claim has been settled and a release has been obtained from the claimant involved, or Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that final payment to the Contractor be made. At the expiration of the six month period, the C6 -6(7) - - - - - ....... - - Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation foe any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th day of the month succeeding that in which ant such damage is claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and the amount of such alleged damage and, upon request, shall give the Engineer access to all books of account, receipts, vouchers, bills of lading, and other books or papers containing any evidence as to the amount of such alleged damage. Unless such statements shall be filed as hereinabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to the property that may be necessary by 1he performance of this Contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or divisions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service . The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6(8) ' ...... - - -, -- C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing . City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents . When meters are used to measure the water, the charges, if any, for water will be made at the regular established rates. When meters are not used, the charges, if any, will be as prescribed by the City ordinance, or where no ordinances applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water Department. C 6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, m the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written notice of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or deficient operations on the part of the Contractor, shall be performed by the Contractor at his expense . C6 -6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6(9) -, ..... - - - C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representative of the Owner, either personally or other wise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, and organization which qualifies for exemption pursuant the provisions of Article 20 .04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable State Comptroller's rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly-owner improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. Texas Limited Sales, Excise, and Use Tax Act permits and information can be obtained from: Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX C6-6(10) ..... - - - - - - PART C-GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and with the assistance of workmen under his immediate superintendance, work of a value of not less than fifty (50%) percent of the value embraced on the contract. If the Contractor sublets any part of the work to be done under these Contract Documents , he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents . All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject tot he same requirements as to character and competency. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times, when the work is in operation, be represented either in person or by a superintendent or other designated representatives. C7-7 .2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, sublet, or otherwise dispose of the contract or his rights, title, or interest in or to the same or any part thereof without the previous consent of the Owner expressed by resolution of the City Council and concurred in by the Sureties. If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any states, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages . C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operations, the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contractor shall commence the work to be performed under this contract within the time limit stated in these Contract Documents and shall conduct the work in a continuous manner and with sufficient equipment, materials, and labor as is necessary to insure its completion within the time limit. C7-7(1) - - ,.- - - - - ..... The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any Deviation from such sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 EXTENSION OF TIME OF COMPLETION of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 LIMITATION OF OPERATIONS: The working operations shall at all times be conducted by the Contractor so as to create a minimum amount of inconvenience to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for proper execution of the work, the Engineer may require the Contractor to finish the section on which operations are in progress before the work is commenced on any additional section or street. C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor when it is available. The Contractor may bring from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties and tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or to be found to be incompetent, disrespectful, intemperate, dishonest, or otherwise objectionable or neglectful in the proper performance of his or their duties, or who neglect or refuses to comply with or carry out the direction of the owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work. Workmen or adjacent property will result from its use. C7 -7(2) - - ·- - ...... -- - - - C7-7.6 WORK SCHEDULE : E lapsed working days shall be computed starting with the first day of the work completed as defined in Cl-1.23 "WORKING DAYS" or the date stipulated in the "WORK ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday , Sunday or Legal Holidays, providing that the followin g requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later that the preceding Thursday. b. Any work to be done on the project on such a specific Saturday , Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday , Sunday or Legal Holiday , and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday . Calendar Days shall be defined in C 1-1.24 and the Contractor may work as he so desires . C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized . C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval. In adjusting the contract time for completion of work, consideration will be given to unforeseen causes beyond the control of and without the fault or negligence of the Contractor, fire, flood, tornadoes, epidemics, quarantine restrictions , strikes, embargoes, or delays of sub-contractors due to such causes . C7-7(3) - - - - ·- - -· - - - When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents , then the contract time mat be increased by Change Order. C7-7 .9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material , if any, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by the Engineer found correct, shall be approved and refened by the Engineer to the City Council for final approval or disapproval; and the action thereon by the City Council shall be final and binding . If delay is caused by specific orders given by the Engineer to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for shall, however, be subject to the approval of the City Council: and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7 .10 TIME OF COMPLETION: The time of completion is an essential element of the Contract. Each bidder shall indicate in the appropriate place on the last page of the proposal, the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the proposal section of the Contract Documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. C7 -7(4) - - - - - - - - - - -- AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES PER DAY Less than $ 5,000 inclusive $ 35.00 $ 5,001 to $ 15 ,000 inclusive $ 45.00 $ 15,001 to $ 25,000 inclusive $ 63.00 $ 25,001 to $ 50,000 inclu sive $ 105.00 $ 50 ,001 to $ 100,000 inclusive $ 154 .00 $ 100 ,001 to $ 500 ,000 inclusive $ 210 .00 $ 500 ,001 to $ 1,000 ,000 inclusive $ 315.00 $1,000,001 to $2,000,000 inclusive $ 420 .00 $2,000,000 and over $ 630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult to calculate due to lack of accurate information, and that the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order . Neither will he be liable to the City in the vent the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7 -7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unsuitable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of the work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews . If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THETIME OF COMPLETION, and should it be C7-7(5) - - - - - -· - determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer that construction may be resumed . Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the president of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contractor, than if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty days, the Contractor my request the owner to terminate the contract and the owner may comply with the request, and the termination shall be conditioned and based upon a final . settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include. But not be limited to the payment for all work executed but not anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF THE CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared canceled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. b. Substantial evidence that progress of the work operations by the Contractor is insufficient to complete the work within the specified time. C7-7(6) - - - - -- - c. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. d. Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. 1. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. J. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A Copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is canceled, the Contractor shall discontinue the work or such part thereof as the owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with written consent of the owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. C7 -7(7) - ,,, . -,_ - - In case the Sureties do not, within the hereinabove specified time, exercise their right and option to assume the contract responsibilities, or that portion thereof which the Owner has ordered the Contractor to discontinue, then the Owner shall have the power to complete, by contract or otherwise, as it may determine, the work herein described or such work thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment, materials , labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contract, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not .hinder or interfere with the performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT:The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF 1HE OWNER: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. A. NOTICE OF TERMINATION: Any Termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any C7-7(8) .- - claim, demand or suit shall be required of the Owner regarding such discretionary action B. CONTRACTOR ACTION: After receipt of a notice of termination , and except as otherwise directed by the Engineer, the Contractor shall : 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials , services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 3 . terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by notice of termination; 4. transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer: a. b. the fabricated or unfabricated parts, work in progress, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of the termination; and The completed, or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. 5. complete performance of such work as shall not have been terminated by the notice of termination; and 6. Take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of C7-7(9) - R . - . ' - C. D . E . which has been directed or authorized by Engineer, Not later than 15 days thereafter, the owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored , within 45 days from the date of submission of the list, and any neces s ary adjustments to correct the li st as submitted , shall be made prior to final settlement. TERMINATION CLAIM: Within 60 days aft e r the notice of t ermination , the Contractor shall submit his termination claim to th e Engineer in the form and with the certification prescribed by the Eng ineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60 -day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived . AMOUNTS : Subject to the prov1s1ons of Item C7-7.1 (C), the Contractor and the Owner may agree upon the w hole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of the work pursuant hereto ; provided, that such agreed amount or amounts shall never exceed the total contract price reduced by the amount of payments otherwise made and as further reduced by the contract price work not terminated. The contract shall be amended accordingly , and the Contractor sha ll be paid the agreed amount. No amount shall be due for lost or anticipated profits> Nothing in C7-7.16(E) hereafter, prescribing the amount to be paid to the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which m ay be agreed upon to be paid to the Contractor pursuant to this paragraph . FAIL URE TO AGREE: In the ev ent of the failure of the Contractor and the Owner to agree as provided in C7-7 . l 6(D) upon the whole amount to be paid to the Contractor by reason of the termination of the work pursuant to this section, the Owner shall determine , on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined . No amount shall be due for lost or anticipated profits . F . DEDUCTIONS: In arriving at the amount due the Contractor under this section there shall be deducted; 1. all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; C?-7(10) - G. 2. any claim which the Owner may have against the Contractor in connection with this contract; and 3 . the agreed price for, or the proceeds of the sale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. ADJUSTMENT: If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract, the Contractor may file with the Engineer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; noting contained herein, however, shall limit the right of the owner and the Contractor to agree upon the amount or amounts to be paid tot he Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. H. NO LIMITATION OF RIGHTS: Noting contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT" or any other right which the Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND ,PRACTICES: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. C7-7(11) -- - ,. .. - PART C -GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and item installed. C8-8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, finishing costs, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other clauses, delays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8-8.3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidiary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, ( except as provided in paragraph C5-5 .14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, C8-8(1) ,-...... ' and for completing the work m an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material u sed or equipment or machinery furnished in or about the construction of the work under contract and its appmienances, or any damage due or attributed to such defects, which defects , imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the one year guaranty period after the final acceptance . The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the 1st and the 5th day of each month, the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 10 th day of the month, the Engineer shall verify such estimate, and if it is found to be acceptable and the value of the work performed since the last partial payment was made exceeds one hundred dollars ($100 .00) inn amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000 .00, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400,000.00 or greater, within twenty-five (25) days after the regular estimate period . The City will have the option of preparing estimates on forms furnished by the City. The partial estimates may include acceptable nonperishab le material s delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the time of the estimate have not been installed (such payment will be allowed on a basis of 85% of the net invoice value thereof). The Contractor shall furnish the Engineer such information as he may request to aid him as a guide in the verification or the preparation of partial estimates. It is understood that partial estimates from month to month will be approximate only , all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quantity of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the Contractor fails to perform the work strictly in accordance with the specifications or provisions of this Contract. C8-8(2) C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment thereof as outlines in paragraph C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. The amount of the final estimate, less previous payments and any sums that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after the final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the owner satisfactory evidence of compliance as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit as furnished by the City, certifying that; A. all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, B. that the wage scale established by the City Council in the City of Fort Worth has been paid, and C. that there are no claims pending for personal mJury and/or property damages. The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of said City relating to or connected with the Contract. C8-8(3) The making of the final payment by the Owner shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereof approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the Contract Documents, approved modifications thereof, and all alterations thereof. C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of the work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to the other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one- tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the Project. C8-8.13 RECORD DOCUMENTS: The Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the C8-8(4) site, in good order and annotated to show all changes made during the construction process. These shall be delivered to the Engineer upon completion of the work. C8 -8(5) l • PART "CS" SUPPLEMENTARY CONDITIONS - - - SUPPLEMENTARY CONDITIONS FORT WORTH, WATER DEPARTMENT WATER AND WASTEWATER TREATMENT PLANT PROJECTS October 1, 2008 1. CONTRACT DOCUMENTS: In Section Cl-1.2 CONTRACT DOCUMENTS, delete Paragraph Cl-l .2b SPECIAL CONTRACT DOCUMENTS and add the following: "b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A -NOTICE TO BIDDERS (Advertisement) SPECIAL INSTRUCTION TO BIDDERS PART B -PROPOSAL (Bid) M/WBE BID SPECIFICATIONS PART C -GENERAL CONDITIONS PART CS-SUPPLEMENTARY CONDITIONS PART D -SPECIAL CONDITIONS PART E -TECHNICAL SPECIFICATIONS PERMITS/EASEMENTS (Some Permits are Multicolored) PART F -BONDS AND INSURANCE PART G -CONTRACT PART H -PLANS/FIGURES (may be bound separately) White White White Golden Rod Canary Yellow Green Green White White White White White" 2. DIRECTOR OF TRANSPORA TION AND PUBLIC WORKS: Delete entire Paragraph C 1-1.17, and replace with the following: Cl-1.17 DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: The officially appointed Director of the Transportation and Public Works Department of the City of Fort Worth, or his duly authorized representative, assistant, or agents. 3. ENGINEER: Delete entire Paragraph C 1-1.19, and replace with the following: The Director of Fort Worth Transportation and Public Works Department, the Director of the Fort Worth Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. 4. PROPOSAL FORM: In Section C2-2.1, Paragraph 1, revise last sentence to read as follows: "The Bidder shall furnish a Financial Statement, Equipment Schedule, and Experience Record, all of which must be properly executed and filed with the Director of the Water Department one week prior to the hour for opening of bids. Information shall be on forms provided by the Bidder and acceptable to the City. CS-1 liiiiil 5. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: In Section C2-2.3, Paragraph 2, add the following to the last sentence: "except for changes in the site conditions caused by factors outside of the control of the Contractor which occur after the Contractor's inspection and prior to installation." 6. INTERPRETATION AND PREPARATION OF PROPOSAL: Part C-General Conditions, Section C2-2, exchange Paragraphs C2-2.7, C2-2.8, and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security and other required material, to the Purchasing Manager or his representative at the official location and stated time set forth in the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL" and the name or description of the project designated in the "Notice To Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box 17027, Fort Worth, Texas 76102." C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for the opening of proposals. A request for non consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for · which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight ( 48) hours after the proposal opening time, no further consideration will be given to the proposal. 7. MINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Delete entire Paragraph C3-3.2, and replace with the following: C3-3.2 MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of 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 SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the CS-2 GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m, five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts ( other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts ( other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three (3) years. 8. C3-3.5 A WARD OF CONTRACT is modified to read as follows: "The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed the period stated for the duration of the Bid Security stated in the Notice to Bidders or 90 days, whichever is shorter." 9. C3-3.7 BONDS. For the Paragraph after Paragraph C3-3 .7d OTHER BONDS, which begins with "No sureties", change the entire paragraph to read as follows: "In order for a surety to be acceptable to the City, the surety must ( 1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. Each bond shall be properly executed by both the Contractor and the Bonding Company ." CS-3 -10. INSURANCE. Delete entire Paragraph C3-3 . l l INSURANCE, and replace with the following:: C3-3. l l INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required under the Contract Documents, and such insurance has been approved by the Owner and certificates of Insurance shall be delivered to the Owner (City of Fort Worth, Contract Administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, Texas 76102) prior to commencement of work on the contract project. The prime Contractor shall be responsible for delivering to the Owner the sub- contractor's certificate of insurance for approval. The prime Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. The General Contractor may require all subcontractors to be insured and submit documentation ensuring that the requirements of C3-3. l l are met for all subcontractors. Failure of the Owner to request required documentation, shall not constitute a waiver of the insurance requirements specified herein. The Contractor 's liability shall not be limited to the specified amounts of insurance required herein. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Worker's Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. Worker's compensation insurance covering employees in the project site shall be indorsed with a waiver of subrogation providing rights ofrecovery in favor of the OWNER. b. COMMERICAL GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, General Liability Insurance (Public Liability and Property Damage Insurance) in the amount not less than $500,000 covering each occurrence/aggregate on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence/aggregate on account of property damage with $2,000,000 umbrella policy coverage. Certificates of insurance shall state that Insurance is on an "occurrence" basis. Certificate shall also contain a statement that no exclusions by endorsement have been made to the Commercial General Liability Policy. C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: CS-4 1. Contingent Liability ( covers General Contractor's Liability for acts of sub-contractors). 2. Blasting, prior to any blasting being done . 3. Collapse of buildings or structures adjacent to excavation ill excavation are performed adjacent to same). 4. Damage to underground utilities for $500,000. 5. Builder's risk (where above-ground structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). The City, its offices, employees and servants shall be endorsed as additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's worker's compensation insurance policy . Contractor's insurance policies shall be indorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by the OWNER shall not be called upon to contribute to loss recovery. 7. When required by the Contract Documents, Environmental Impairment Liability Coverage must be provided in the limits of $1,000,000 per occurrence and $2,000,000 annual aggregate. The Environmental Impairment Liability (EIL) must contain coverage for sudden and accidental contamination or pollution, liability for gradual emissions, and clean-up costs. The EIL coverage shall include two year completed operations coverage on a per Project basis. A separate insurance policy may be needed to fulfill this requirement. EIL for damages incurred in the course of transporting sludge shall be covered under the contractor's insurance policy(s). d. AUTOMOBILE INSURANCE -BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain during the life of this Contract, Comprehensive Automobile Liability Insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 aggregate on account of one accident, and automobile property damage insurance in an amount not less than $100,000 aggregate. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage CS-5 claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached.) Other than Worker's Compensation Insurance, in lieu of specified insurance, the City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Prime Contractor's insurance not cover the sub-contractor's work operations. g. h. 1. J. DEDUCTIBLE LIMITS . The deductible limits or self-funded retention limits, on each policy must not exceed $10,000 per occurrence unless otherwise approved by the City. INSURANCE COMP ANY: The insurance company with whom the Contractor's insurance is written shall be authorized to do business in the State of Texas and shall have a current A.M. Best Rating of "A:VII" or equivalent measure of financial strength and solvency. NOTIFICATION. During the lifetime of this contract, the Contractor shall notify the ENGINEER in writing, of any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. CANCELLATION: Insurance shall be endorsed to provide the City with a minimum of thirty days notice of cancellation, non-renewal and/or material change in insurance policy terms or coverage. A minimum 10 day notice shall be acceptable in the event of non-payment of insurance premium to insurance company. CITY RESPONSIBILITIES. The City shall not be responsible for direct payment of insurance premium costs for Contractor's Insurance. 11 C3-3.13 WAGE RATES: Delete Paragraph C3-3 -13 WEEKLY PAYROLLS in its entirety and replace with C3-3-13 WAGE RA TES as shown below: "The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. CS -6 The Contractor, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) that name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; (ii) the actual per diem wages paid to each worker. These records shall be open, all reasonable hours, for inspection by the City. The provisions of Section C8-8- 14, RJGHT TO AUDIT, pertain to this inspection. The Contractor shall include in its subcontract's and/or shall otherwise require all of its subcontractors to comply with paragraphs above. With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times." 12. INCREASED OR DECREASED QUANTITIES: Revise Paragraph C4-4.3 to read as follows: 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 established in the contract documents. No allowance will be made for any changes in lost or anticipated profits not shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but not to the various depth categories. 13. LIMITATION OF INCIDENTAL GIARGES (Reference C4-4.5c): The Contractor agrees that should any change in the work of extra work be ordered, the following applicable percentage shall be added to Material and Labor Costs to cover overhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed 15%. 2. Allowance to the Contractor for overhead and profit for extra work performed by a subcontractor and supervised by the Contractor shall not exceed 10%. Contractor shall be reimbursed for direct field overhead when the change requires an extension of the Contract period. Contractor shall not be reimbursed for indirect overhead or indirect costs related to changes to this contract. CS-7 14. TESTING COSTS: Paragraph 5-5 .12, revise the first sentence to read as follows: "Where , as called for in the Contract Documents, tests of materials or equipment are necessary , such tests will be made at the expense of and paid for by the Contractor unless otherwise specifically provided for in the Technical Specifications." 15. LAWS TO BE OBSERVED: Paragraph C6-6.1, delete "or which may be enacted later". After the word "exist," add "at the time of the Contract or may be hereafter exist during the performance of the Contract." 16. BUILDING PERMITS: Paragraph C6-6.2 Insert the following at the end of the paragraph; "Contractors are responsible for obtaining all construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Department in accordance with the permit requirements and submit copy of updated schedule to the Engineer weekly. Building , plumbing, electrical and mechanical building permits are issued without charge. Water and sewer access fees will be paid by the Water Department. Any other permit fees are the responsibility of the Contractor." 17. BARRICADES, WARNINGS AND FLAGMEN: In Paragraph C6-6.8, replace the word "watchmen" wherever in appears with the word "flagmen". In the first paragraph, lines five (5) and six (6), replace "take all such other precautionary measures" with "take all reasonable necessary measures". 18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Delete entire Paragraph C6-6.12, and replace with the following: "C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to indemnify the City' Engineer and Architect, and their personnel at the project site for the Contractor's sole negligence . In addition, the Contractor covenants and agrees to indemnify, hold harmless and defend at its own expense, the Owner, its officers, agents, servants, and employees, from and against all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise of, the work and services to be performed hereunder by the Contractor, its officers, agents, employees subcontractors, licensees or invitees, whether or not any such iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of the Owner, its officers, agents, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless Owner from and against any and all injuries to the Owner's officers, agents , servants, and employees, loss or destruction of property of the Owner arising form the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused, in whole or in part, by the negligence or alleged negligence of the Owner, its officers, agents, servants, or employees CS-8 In the event the Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final pay ment shall not be made until the Contractor either (a) submits to the Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides the Owner with a letter from the Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate , refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract." 19 . STATE SALES TAX: A. Delete Paragraph C6-6.21 ST A TE SALES TAX in its entirety . B. This contract is issued by an organization, which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise , and Use Tax Act. All equipment and materials not consumed by or incorporated into the project construction are subject to State Sales Tax under House Bill 11, enacted August 15, 1991. All such taxes shall be included in the various amounts on the Proposal Form. The successful Bidder shall be required to submit a breakdown between costs of labor, consumable material and other construction costs and costs of material incorporated into the project construction prior to execution of this contract. B. At the time of execution of the Contract Documents by the Contractor, the Contractor shall complete the "Statement of Materials and Other Charges" which identifies the project costs anticipated in the Project into "Materials Incorporated into the Project" and "All Other Charges''. The Contract shall be a "Separated Contract". C. The City of Fort Worth will issue appropriate Certificates of Resale to the Contractor. D. All Change Orders to the Contract will separate charges for materials and labor and will contain the following statement: "For purposes of complying with Texas Tax Code, the Contractor agrees that the charges for material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor." 20 AIR POLLUTION WATCH DAYS: Add the following to Section C7-7 : C7-7.18 AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. -10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME CS-9 PERlOD HA VE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION .. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3 :00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. -6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. 21. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4 SCOPE OF PAYMENT m its entirety and replace with the following: "The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, ( except as provided in paragraph CS-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole CS-10 judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein." 22. PARTIAL PAYMENTS: Change Paragraph C8-8.5 to read as follows: "Partial pay estimates shall be submitted by the Contractor 5th day and the 20th day of the month that work has been is in progress. The estimate shall be processed by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of pay estimate have not been so installed. If such materials are included within a pay estimate , payment shall be based upon 85% of the net invoice value thereof. The Contractor will furnish the engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000.00 at the execution, retainage shall be ten percent (10%). For contracts of $400,000.00 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with subcontract agreement, within five (5) business days after receipt by the Contractor of the payment by the City . Contractor's failure to make the required payment to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of the same will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate. Payment of any partial pay estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract." 23. GENERAL GUARANTY. Delete Paragraph C8-8.10 GENERAL GUARANTY in its entirety and replace with the following: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of the work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or CS-11 damages in the work and pay for any damage to the other work resulting therefrom which shall appear within a period of two (2) years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness . Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specification, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. 24 . RIGHT TO AUDIT: Add the following to Section C8-8: C8-8.14 RIGHT TO AUDIT: "(a) The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section . The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection ( c) hereof. The City shall give subcontractor reasonable advance notice of intended audits . ( c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse contractor for the cost of the copies as follows: 1. 50 Copies and Under -10 cents per page. 2. More than 50 copies -85 cents for the first page plus fifteen cents for each page thereafter." (5 /25 /93) CS-12 25. SCHEDULE OF COSTS: Add the following to Section C8-8: C8-8.15 SCHEDULE OF COSTS: Following the completion of all work on the Project and prior to submittal of a request for final payment, the Contractor shall provide a Schedule of Costs to City for approval which lists all equipment sy stems, structures, building electrical and HV AC systems, overhead and project related costs . The items will be grouped into categories using the Owner's list of category codes which will be provided by the Owner at the Preconstruction Conference. The Schedule of Costs will be used by the City as input to the Capital Assets System, and will not be considered in preparation of modifications to the Contract. Costs associated with the preparation and processing of this schedule of costs shall be subsidiary to the price bid. The Contractor will also provide a projected payment schedule tied to the project schedule and the schedule of values which projects the monthly payments through the end of the Project. The Payment schedule must be submitted along with the first request for payment. This information is necessary to arrange financing of the Project by the City . END OF SECTION CS-13 PART "D" SPECIAL CONDITIONS - - - - D-1 GENERAL: Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and General Specifications. effective July 1, 1978, are made part of the Contract Documents for this Project. The Plans, Special conditions and Provisions Documents, and the rules, regulations, requirements, instructions, drawings and details referred to by manufacturer's name, number or identification included therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the Contractor. The Specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: 1. Plans 2. Special Contract Documents 3. General Contract Documents and General Specifications The following Special Conditions shall be applicable to this project and shall govern any conflicts with the General Contract documents under the provisions stated above. D-2 PROJECT DESIGNATION: Construction under these Special Documents shall be performed under the Fort Worth Water Department Project Designations: Water Project Number _____ _ Sewer Project Number , and/or Other D-4 PROJECT SIGNS: Project Signs are required at all locations which will be under construction for more than thirty (30) calendar days as indicated in Part B Proposal. Project Signs shall be in accordance with Figure 30 (dated 8-28-89) of the General Contract Documents. The signs may be mounted on skids or on posts. The exact locations and methods of mounting shall be approved by the engineer. Any and all costs for the required materials, labor, and equipment necessary for the furnishing of Project Signs shall be considered as a subsidiary cost of the project and no additional compensation will be allowed . D-5 CITY FURNISHED MATERIALS: For water projects, the City will furnish "pipe cleaning pigs," chlorine gas or chlorinated lime (HTH) and all water for initial cleaning and sterilization of water lines. All other materials for construction of the project, including water for compaction, shall be furnished by the Contractor. D-6 WAGE RATES: - - - The labor classifications and mm1mum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Documents. In no event shall less that the following rates be paid. (see attached wage rates) When two or more wage rate scales are shown and wage rates shown in specific classifications are in conflict, the higher wage will be used. D-8 DEWATERING: The Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the existing mains and ground water. The Contractor shall be responsible for damage of any nature resulting from the dewatering operations. The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer. Ground water shall not be discharged into sanitary sewers. Dewatering shall be considered as incidental to a construction and all costs incurred will be considered to be included in the linear foot bid price of the pipe. D-9 CROSSING OF EXISTING UTILITIES: Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line and/or a proposed sewer line crosses over a water line and the clear vertical distance is less than 9 feet barrel to barrel, the sanitary sewer or sanitary sewer service line shall be made water tight or be constructed of ductile iron pipe. The required length of replacement shall be determined by the Engineer. The material for sanitary sewer mains and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene wrapping as specified in Material Standard E 1-6 contained in the General Contract Documents. The material for sanitary sewer service lines shall be extra strength cast iron soil pipe with polyethylene wrapping as specified in the General Contract Documents. Adaptor fittings shall be a urethane or neoprene coupling A.S.T.M. C.-425 with series 300 Stainless Steel compression straps. Payment for work such as backfill, fittings, tie-ins and all other associated appurtenances required, shall be included in the linear foot price of appropriate bid item. D-10 EXISTING UTILTIES: The plans show the locations of all known surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all existing utilities, service lines, or other property crossed or exposed by his construction operations. Contractor shall make all necessary provisions for the support, protection, 2009 Prevailing Wage Rates for City-Awarded Public-Works Projects Health/ Total ,\vg. Hrly Classlftcation Rate Welfare Pension Vacation Package AC Mechanic $25.92 s1.01 $0.19 S0.83 $27.91 AC Mechanic Helper S15 .81 SO ;OC $0.0C $0.30 S16.n Acoustica l Ceiling Mechanic $15 .SE $0 .Si $0.03 $0.1~ S16 .2~ Acoustical Ceiling Helper $12.2i S0.1S so.oo so.oc S12 .4E Abestos Worker $0 .0C $0 .0C $0.0C so.oc $0 .(X: Bricklayer/Stone Mason S18.54 $0 .24 so.oc $0 .00 S18.7! Bricklayer/Stone Mason Helper S10 .39 so.oc so .oo $0.00 $10.39 Carpenter S17.0S $1 .62 S0.17 S0.81 S19.69 Carpenter Helper S13.45 S0 .75 $0.08 $0.71 S14.99 Concrete Finisher $13 .97 S0.41 $0.04 $0 .1 4 $14.55 Concrete Finisher Helper $12.14 S0.43 $0 .04 S0 .11 $12.72 Concrete Form Builder $14.03 $0.6i $0.03 $0 .15 $14 .88 Concrete Form Builder Helper S11. 72 S0.54 $0.03 S0 .10 S12 .39 Drywall Mechanic S16.10 S0 .56 $0 .02 S0 .30 S16 .98 Drywall Helper S12.43 S0 .33 $0.00 $0.28 $13.05 Drywall Taper $15.00 $0 .07 $0.00 $0.00 $15 .0i Drywall Taper Helper $11.50 $0 .07 $0 .00 $0.00 $11 .Si Electrician (Journeyman) $21. 77 S1.08 $0.05 S0.38 S23.2~ El ectrician Helper S15 .3 2 $1 .09 $0.05 $0.2i S16.73 Electronic Technician $20 .0C $0.0C so.ex so .ex S20.0C Electronic Technician Helper so.oc so.oc so.oc so.oc so.oc Floor Layer (Carpet) $0 .0C so.ex so.ex SO.QC $0.0C Floor Layer (Resilient) S18 .ex so.oc $0.0C $0.0C $18.0C Floor layer Helper S10.0C $0 .0C $0.0C $0.0C s10.oc Glazi er $18 .53 $1 .92 S0 .3 E $0.71 $21 . 5'1 Glazier Helper $13.4S $1.2( $0 .1C S0.35 S15.13 Insulator S16.5S S0.2S $0.12 SO.OS SH.OE Insulator Helper $11 .21 S0 .3E so.11 S0 .1 3 $11.81 laborer Common $10.4i $0 .7C $0 .06 $0.0S $11 .3( Laborer Skilled $13.24 $0 .9E $0 .06 $0.1l S14.41 Lather $17.00 $0.0C $0 .0C $0 .0C $17.0C Lather Helper $15 .0C SO .QC $0.0C $0.0C $15 .0C 2009 Prevailing Wage Rates for City-Awarded Public-Works Projects Metal Building Assemb l er $16.00 $1.56 S0.63 $0 .00 $18 .19 Metal Bu ilding Assemb l er Helper $12.00 $1.56 $0 .63 so.oo $14.19 Painter $12 .57 $0 .69 S0.02 $0 .09 $13.37 Painter Helper $9.98 $0 .61 so.02 $0.09 $10.70 Pi pefitter $21 .14 $0 .90 $0 .13 $0.45 $22 .59 Pipefitter He l per $14.92 $0 .58 $0 .11 S0.23 $15 .82 Plaste rer $17.24 $0 .05 $0 .00 SO .QC $17.3C Plasterer Helper $12.85 $0 .05 S0.12 $0.43 S12 .9C Plumber $20 .33 $0 .69 so.12 S0.43 $21 .5E Plumber Helper $14.95 $0.95 $0.11 $0.00 S16.42 Reinforcing Steel Setter $13.01 S0.36 S0.07 $0.23 S13.67 Reinforcing Steel Setter Helper $11 .19 $0 .25 $0.05 $0 .16 S11 .64 Roofer $16 .78 S1 .25 $0 .23 $0.17 S18.43 Roofer He lper S12 .33 S1 .25 S0.23 $0.17 $13.98 Sheet Metal Worker S17.49 S0 .97 S0.10 S0.51 S19 .06 Sheet Metal Worker Helper $14 .16 $1.40 $0.17 S0 .44 $16.15 Sprinkler System Installer $19.17 $1.68 $0 .33 $0.33 $21 .52 Sprinkler System Installer Helper $14.15 $1.50 $0 .00 $0.50 $16.07 Steel Worker Structural $19 .28 $1.37 $0.55 $0.12 $21 .32 Steel Worker Structural Helper $13.74 $1.37 $0.39 $0.09 $15 .5~ Concrete Pump $18 .50 $0.00 $0.00 SO .QC S18 .5C Crane, Clamsheel , Backhoe, Derrick, D'Line Shovel S17.81 S1.30 $0.12 S0 .2~ S19.4E Forklift $12 .96 S0.42 S0 .04 S0 .08 S13.5C Foundation Drill Operator $22 .50 $0.0C $0 .0C $0 .0C S22.5C Front End Loader $13 .21 S0.36 SO .OE $0.17 $13. 79 Truck Driver $15 .21 $0 .65 $0 .06 $0 .19 $16 .11 Welder $17 .81 S0 .92 S0.12 S0 .30 $19.15 Welder Helper $12.55 $0.75 $0.00 $0 .33 $13 .64 - - - - - - - - - - relocation, and or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage pipes, and all other utilities and structures both above and below ground during construction. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and or temporary relocation of such facilities shall be included in the cost bid per linear foot of pipe installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. Where existing utilities or service lines are cut, broken or damaged, the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the owners of all utilities to locate existing underground facilities and notify the Engineer at once of any conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs, of their property that may be made necessary by performance of this contract. D-11 EXPLORATORY EXCAVATIONS: In addition to those areas as may be designated on the Drawings, it shall be the Contractor's responsibility to excavate and locate existing utilities which may affect construction of the water and/or sewer facilities. All exploratory excavations shall occur far enough in advance to permit any necessary relocation to be made with minimum delay. All costs incurred by the Contractor in making exploratory excavations shall be considered to be included in the unit price bid for constructing of water/sewer line or the associated structures. D-12 TEST HOLES: The matter of subsurface exploration to ascertain the nature of the soils, including the amount of rock, if any, through which this pipeline installation is to be made is the responsibility of any and all prospective bidders, and any bidder on this project shall submit his bid under the condition. Whether prospective bidders perform this subsurface exploration jointly or independently, and whether they make such determinations by the use of test holes or other means, shall be left to the discretion of such prospective bidders. The cost of the rock removal and other associated appurtenances, if required, shall be included in the linear foot bid price of the pipe. D-13 SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a ,.. - - - - - - - substitution for the material which has been specified. Where the term "or equal," or " or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the proposed substitute is procured by the Contractor. Where the term "or equal," or "or approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of this sub-section as related to "Substitutions" shall be applicable to all sections of these specifications. D-14 CONCRETE DRAINAGE CHANNEL/ CURB AND GUTTER REPLACEMENT: At locations in the project where mains are required to be placed under the existing drainage channel, the channel shall be completely replaced for the full existing width with 3000# concrete and reinforcing steel on a sand cushion as shown on the plan detail. At locations where the mains are required to be placed under existing curb and gutter, such curb and gutter shall be replaced to match type and geometry of the removed curb and gutter and shall be installed in accordance with City of Fort Worth Public Works Department Standard Specification for Construction, Item 502. Payment for cutting, backfill, concrete, forming materials and all other associated appurtenants required, shall be included in the bid price. D-15 CRUSHED LIMESTONE BACKFILL: Where specified on the plans or directed by the Engineer, crushed limestone shall be used for trench backfill on this project. The material shall be conform to the Transportation and Public Works Standard Specifications for Street and Storm drain Construction Division 2, Item 208.2 Materials and Division 2 Item 208.3 Material Sources. Trench Backfill and compaction shall meet the requirements of E2-2 Excavation and Backfill of the General Contract Documents. Payment for crushed limestone backfill in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used measured in accordance with E2- 2.16 Measurement of Backfill Materials of the General Contract Documents and Specifications. D-16 2:27 CONCRETE: Transportation and Public Works Department typical Sections for Pavement and Trench Repair for Utility Cuts Figures 1 through 5 refer to using 2:27 Concrete as base repair. Since this call-out includes the word "concrete", the consistent interpretation of the Transportation Public Works Department is that this ratio specifies two (2) sacks of - - - cement per cubic yard of concrete. With the exception of the cement content, all other requirements shall meet or exceed Transportation and Public Works Department Standard Specification Item 406 Class D Concrete. D-17 PAVEMENT REP AIR: The unit price bid under the appropriate bid item in the proposal shall cover all the cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement as detailed in the Public Works Department typical pavement sections for Pavement and Trench Repair for Utility Cuts, Figures 1 through 5. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All resident's driveways shall be accessible at night and over weekends. It has been determined by the Transportation and Public Works Department that the strip of existing HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width. Therefore, at the locations in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible date. A permit must be obtained from the Department of Engineering's Permit Desk by the Contractor in conformation with Ordinance No. 3449 and/or Ordinance No. 792 to make utility cut in the street. City Inspectors will inspect the paving repair after construction of each water and/or sanitary sewer main replacement. D-18 PAVEMENT REP AIR IN PARKING AREA: The contract cost shall cover all cost for providing pavement repair equal to or superior in composition, thickness, etc., to existing pavement. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with crushed limestone base material, compacted and level - with the finished adjacent surface. This finished grade shall be maintained m a serviceable condition until the paving has been replaced. D-19 TRENCH SAFETY: 1. GENERAL: This specification covers the trench safety requirements for all trench excavations in order to protect workers from cave-ins. The requirements of this item govern all trenches for mains, manholes, vaults, service lines, and all other appurtenances. 2. STANDARDS: The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Subpart P- Excavations, are hereby made a part of this specification and shall be the minimum governing requirements for trench safety. 3. DEFINITIONS: A. TRENCHES: A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where the width measured at the bottom is not greater than fifteen ( 15) feet. If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to fifteen (15) feet or less at the bottom of the excavation, the excavation is also considered to be a trench. B. BENCHING SYSTEM: Benching means excavating the sides of a trench to form one or a series of horizontal levels or steps, usually with vertical or near- vertical surfaces between levels. C. SLOPING SYSTEM: Sloping means excavating to form sides of a trench that are inclined away from the excavation. D. SHIELD SYSTEM: Shields used in trenches are generally referred to as "trench boxes" or "trench shields." Shield means a structure that is able to withstand the forces imposed on it by a cave-in and protect workers within the structure. Shields can be permanent structures or can be designed to be portable and move along as the work progresses. Shields can be either premanufactured or job-built in accordance with OSHA standards. E. SHORING SYSTEM: Shoring means a structure such as a metal hydraulic, mechanical or timber system that supports the sides of a trench and which is designed to prevent cave-ins. Shoring systems are generally comprised of crossbraces, vertical rails (uprights), horizontal rails (wales) and/or sheeting. 4. MEASUREMENT: Trench depth is the vertical measurement from the top of the existing ground to the bottom of the pipe or structures. The quantity of trench safety systems shall be based on the linear foot amount of trench depth greater than five (5) feet. 5. PAYMENT: Separate payment will be made only when trench excavations exceed a depth of five (5) feet and shall be full compensation for safety system design, labor, tools, materials, equipment and incidentals necessary for the installation and removal of trench safety systems. D-20 SANITARY SEWER MANHOLES: The installation, replacement, and/or rehabilitation of sanitary sewer manholes will be required as shown on the plans, and/or as described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. All manholes shall be in accordance with sections El-14 Materials for Sanitary Sewer Manholes, Valve Vaults, Etc., and E2-14 Vault and Manhole Construction of the General Contract Documents and Specifications, unless amended or superseded by requirements of this Special Condition. 1. Concrete Collars: Concrete collars when indicated on the plans will be required as per Fig. 121. 2. Watertight Manhole Inserts: Watertight gasketed manhole inserts shall be installed in sanitary sewer manholes when indicated on the plans. Inserts shall be constructed in accordance with Fort Worth Water Department Standard El00-4 and shall be fitted and installed according to the manufacturer's recommendations. 3. Lift-Holes: All lift holes shall be plugged with a precast concrete plug. The lift hole shall be sealed on the outside of the manhole with Ram-Nek or an approved equal sealant. The lift hole shall be sealed on the inside of the manhole with quick setting cement grout. 4. Final Rim Elevations: A. Manhole rims in parkways, lawns, alleys, and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regraded near the manhole. B. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation shown on the drawings or minimum of 6 inches above grade. 5. Manhole Covers: All lids shall have pick slots in lieu of pick holes. Manhole frames and covers shall be McKinley, Type N, with indented top design, or equal, with pick slots. Covers shall be flush with the rim of the frame and shall have no larger than 1/8- inch gap between the frame and cover. Bearing surfaces shall be machine finished. Locking manhole lids and frames will be restricted to locations within the 100 year flood plain and areas specifically designated on the plans. Certaninteed Ductile Iron Manhole Lids and Frames are acceptable for use where Locking lids are specified. 6. Shallow Manholes: Shallow manhole construction will be used when manhole depth is four ( 4) feet or less. All shallow manholes shall be built in accordance with Fig. 106 or per Fig. 103 but with a flat slab top (no cones sections will be allowed). All shallow manholes shall have a 24" x 40" cast iron lid and frame with pick slots. NOTE: MANHOLES PER FIG. 105 WILL NOT BE ALLOWED. 7. Manhole Steps: No Manhole steps are to be installed on any Sanitary Sewer Manhole. 8. Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy paint, Koppers "Bitumastic Super Service Black", Tnemec, "46-450 Heavy Tnemecol", or equal to a minimum of 14 mils dry film thickness. 9. Manhole Joint Sealing: A. General: All interior and/or exterior joints on concrete manhole sections constructed for the City of Fort Worth Water Department, excluding only the joints using a trapped type performed 0-ring rubber gasket shall require bitumastic joint sealant as per attached Figure M. B. Materials: This sealant shall be performed and trowelable bitumastic as manufactured by Kent-Seal, Ram-Nek, E-Z Stick or equal. The joint sealer shall be supplied in either extruded rope-form of suitable cross-sectional area or flat-tape form and shall be sized as recommended by the manufacturer and approved by the Engineer. The joint sealer shall be protected by a suitable removable wrapper and shall not in any way depend on oxidation, evaporation, or any other chemical action for either its adhesive properties or cohesive strength. The joint sealer shall remain totally flexible without shrinking, hardening, or oxidizing regardless of the length of time it is exposed to the elements. The manufacturer shall furnish an affidavit attesting to the successful use of the product as a preformed flexible joint sealant on concrete pipe and manhole sections for a period of at least five years. C. Installation of Joint Sealant: Each grade adjustment ring and manhole frame shall be sealed with the above specified materials. All surfaces to be in contact with the joint sealant shall be thoroughly clean of dirt, sand, mud or other foreign matter. A primer shall be applied to all surfaces prior to installing the joint sealant in accordance with the recommendations by the manufacturer. The protective wrapper shall remain on the joint sealant until immediately prior to placement of the pipe in the trench. After removal of the protective wrapper, the joint sealant shall be kept clean. Install frames and cover over manhole opening with the bottom of the rings resting on bitumastic joint sealer. Frames and grade rings shall rest on two (2) rows (inside and outside) ofbitumastic joint sealer. 10: Sealing and/or Adjusting Existing Manholes: Excavate (rectangular full depth saw cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a minimum of 6 inches of the manhole wall keeping the sides of the trench nearly ve1iical. A. Remove manhole frame from the manhole structure and observe the condition of the frame and grade rings. Any frame or grade ring that is not suitable for use as determined by the Engineer shall be replaced. Grade rings that are constructed of brick, block, or materials other than precast concrete shall be replaced with precast concrete rings, or where necessary and approved by the Engineer, a precast flattop section. Precast concrete rings, or precast concrete flattop section will be the only adjustments allowed. B . In brick or block manholes replace the upper portion of the manhole to a point 24 inches below the frame . If the walls or cone section below this level are structurally unsound, notify the Engineer prior to replacement of the grade rings and manhole frame. Existing brickwork, if damaged by the Contractor, shall be replaced at the Contractor's expense. C. Wire brush manhole frame and exposed manhole surfaces to remove dirt and loose debris. Coat exposed manhole surfaces with an approved bonding agent followed with an application of a quick setting hydraulic cement to provide a smooth working surface. D. If the inside diameter of the manhole is too large to safely support new adjustment rings or frame, a flattop section shall be installed. E. Joint surfaces between the frame, adjustment rings, and cone section shall be free of dirt, stones, debris, and voids to ensure a watertight seal. Place a flexible gasket joint material in two concentric rings along the inside and outside edge of each joint, or use trowelable material in lieu of preformed gasket material. Position the butt joint for each length of joint material on opposite sides of the manhole. No steel shims, wood, stones, or any material not specifically accepted by the Engineer may be used to obtain final surface elevation of the manhole frame. F. In paved areas or future paved areas, castings shall be installed by using a straight edge not less than ten (10) feet long so that the top of casting will conform to the slope and finish elevation of the paved surface. The top of the casting shall be 1/8 inch below the finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. G. All exposed exterior surfaces shall be coated with two mop coats of coal tar epoxy paint, Koppers "Bitumastic Super Service Black\ Tnemec, "46-450 Heavy Tnemecol", or equal to a minimum of 14 mils dry film thickness .. - - 11. Measurement and Payment: A. The price bid for new/replacement manhole installations shall include all labor, equipment, and materials necessary for construction of the manhole including but not limited to joint sealing, lift hole sealing and exterior surface coating. B. The price bid for adjusting and/or sealing of existing manholes shall include all labor , equipment, and materials necessary for adjusting and/or sealing the manhole including but not limited to joint sealing, lifthole sealing and exterior surface coating. C. Payment for concrete collars and watertight manhole inserts , if required , will be made separately, based on the appropriate bid items. D. D-23 REMOVAL, SALVAGE AND ABANDONMENT OF EXISTING FACILITIES: Any removal, salvaging and/or abandonment of existing facilities will necessarily be required as shown on the plans, and/or described in these Special Contract Documents in addition to those located in the field and identified by the Engineer. This work shall be done in accordance with Section E2-1.5 Salvaging of Material and E2-27 Removing Pipe, of the General Contract Documents and Specifications unless amended or superseded by requirements of this Special Condition. 1. SALVAGING OR EXISTING WATER METER AND METER BOX. Existing water meter and meter box shall be removed and returned to the Water Department Warehouse by the contractor in accordance with Section E2-1.5 Salvaging of Materials. Backfill material for the void meter box shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding surface and grade. If water main is to remain active, the contractor will be required to plug service line at the main. 2. SALVAGING OF EXISTING WATER METER AND CONCRETE VAULT LID . Existing water meter and concrete vault lid shall be removed and returned to the Water Department Warehouse by the contractor in accordance with Section E2-1.5 Salvaging of Materials. The void shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding surface and grade. 3. SALVAGE OFF EXISTING FIRE HYDRANTS. Existing fire hydrants shall be removed and returned to the Water Department Warehouse by the contractor in accordance with Section E2-1.5 Salvaging of Materials. The void shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding surface and grade. - 4. SALVAGE OF EXISTING GA TE VAL VE. Existing gate valve and valve box and lid shall be removed and returned to the Water Department Warehouse by the contractor in accordance with Section E2-1.5 Salvaging of Materials. The void area caused by the valve removal shall be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding surface and grade. If the valve is in a concrete vault, the vault shall be demolished in place, to a point no less than 18 inches below the final grade. 5. ABANDONMENT OF EXISTING GATE VALVES . Existing gate valve and box lid shall be abandoned by first closing the valve to fully closed position and demolishing the valve box in place to a point not less than 18 inches below the final grade. Concrete shall then be used as backfill material to match existing grade. 6. ABANDONMENT OF EXISTING VAULTS. Vaults to be demolished in place shall have the top slab and lid removed and vault walls demolished to a point no less than 18 inches below the final grade. The void area caused shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material shall be suitable excavated material approved by the Engineer. Surface restoration shall be compatible with the existing surrounding surface and grade. 7. ABANDONMENT OF MANHOLES. Manholes to be demolished in place shall have all pipes entering and exiting the structure plugged with lean concrete. Manhole tops or cone section shall be removed to the top of the full barrel diameter section or to a point no less than 18 inches below the final grade. The structure then shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be either clean washed sand or clean, suitable excavated material approved by the Engineer. Surface restoration shall be compatible with surrounding surface. Payment for work involved in backfilling, plugging of pipe and all other appurtenant required, shall be included in the appropriate bid items. 8. REMOVAL OF MANHOLES. Manholes to be removed shall have all pipes entering or exiting the structure disconnected. The complete manhole, including top or cone section, all full barrel diameter sections and base section shall be removed. The excavation shall then be backfilled and compacted in accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill material may be Type C Backfill or Type B Backfill as approved by the Engineer. Surface restoration shall be compatible with surrounding surface. 9. CUTTING AND PLUGGING OF EXISTING MAINS. At various location on this project, it may be required to cut, plug and block existing water mains/services or sanitary sewer mains/services in order to abandon these lines. Cutting and plugging existing mains and/or services shall be considered incidental and all costs incurred will be considered to be included in the linear foot bid price of pipe, unless separate trenching is required. - 10. REMOVAL OF EXISTING PIPE. Where removal of existing pipe is required, it shall be the Contractor's responsibility to properly dispose of all removed pipe. All removed valves, fire hydrants, and meter boxes shall be delivered to Water Department Field Operations Storage Yard. 11. PAYMENT. Payment for all work and material involved in salvaging, abandoning and/or removing of existing facilities shall be included in the linear foot bid price of the pipe except as follows: Separate Payment will be made for removal of all Fire Hydrants, Gate Valves 16-inch and larger, and Sanitary Sewer Manholes regardless of location. Payment will be made for salvaging, abandoning and/or removing of all other facilities when said facility is not being replaced in the same trench, i.e. when removal requires a separate trenching operation. D-24 VALVE BLOCKING: All valves shall have concrete blocking for support. Valves shall have polyethylene wrapping per Material Specification E 1-13 and Construction Specification E2-13 installed prior to concrete blocking. No separate payment will be made for any of the work involved for this item and all costs incurred will be considered to be included in the bid price of the valve. D-25 DUCTILE IRON PIPE AND GRAY-IRON FITTINGS: Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, Fittings, and Specials, Sub Section E2-7 .11 Cast Iron Fittings: the first Paragraph shall be revised to read as follows: "E2-7.11 DUCTILE-IRON AND GRAY-IRON FITTINGS: All ductile-iron and gray- iron fittings shall be furnished with cement mortar lining as stated in Section E 1-7. The price bid per ton of fittings shall be payment in full for all fittings, joint accessories, polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle necessary for construction as designed. All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification El-13 and Construction Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle. Payment for the polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle shall be included in bid items for valves and fittings and no other payment will be allowed." D-26 DETECTABLE WARNING TAPES: Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic water or sanitary sewer pipe. The detectable tape shall be "Detect Tape" manufactured by Allen Systems Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the - tape shall be 5.5 mils. and the width shall not be less than 2" inches with a minimum unit weight of 2-1/2 pounds/1"/1000'. The tape shall be color coded and imprinted with the message as follows: Type of UtilityColor Code Water Sewer Safety Blue Safety Green Legends Caution Buried Water Line Below Caution Buried Sewer Line Below Installation of detectable tapes shall be per manufacturer's recommendations and shall be as close to the grade as is practical for optimum protection and detectability. Allow a minimum of 18" inches between the tape and the pipe. Payment for work such as backfill, bedding, blocking, detectable tapes and all other associated appurtenances required shall be included in the subsidiary to the cost of pipe installation. D-30 VALVE CUT-INS: It may be necessary to cut-in gate valves to isolate the water main from which the extension and/or replacement is to be connected. This may require closing valves in other lines and putting consumers out of service for that period of time necessary to cut in the new valve; the work must be expedited to the utmost and all such cut-ins must be coordinated with the engineer in charge of inspection. All consumers shall be individually advised prior to the shut out and advised of the approximate length of time they may be without service. Payment for work such as backfill, bedding, fittings, blocking and all other associated appurtenances required, shall be included in the price of the appropriate bid items. D-31 CONNECTION OF EXISTING MAINS: The Contractor shall determine the exact location, elevation, configuration and angulation of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. Any differences in locations, elevation, configuration, and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction. Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the Engineer, and all efforts shall be made to keep this down time to a minimum. In case of shutting down an existing main, the Contractor shall notify the Engineering Construction Services Manager or Superintendent, Phone 817-871-8306, at least 48-hours prior to the required shut down time. The Contractor's attention is directed to Paragraph CS-5.15 INTERRUPTION OF SERVICE, Page C5-5(5), PART C -GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENERAL SPECIFICATIONS. The Contractor shall notify customer, both personally and in writing, as to the location, time, and schedule of the service interruption. The cost of removing any existing concrete blocking shall be included in the cost of connection. Unless bid separately all cost incurred shall be included in the linear foot price for the appropriate pipe size. D-34 EASEMENTS AND PERMITS: Easements and permits, both temporary and permanent, have been secured for this project at this time and made a part thereto. Any easements and/or permits, both temporary and permanent, that have not been obtained by the time of publication shall be secured before construction starts. No work is to be done in areas requiring easements and/or permits until the necessary easements are obtained. The Contractor's attention is directed to the easement description and permit requirements, as contained herein, along with any special conditions that may have been imposed on these easements and permits. Where the pipeline crosses privately owned property, the easements and construction areas are shown on the plans. The easements shall be cleaned up after use and restored to their original conditions or better. In the event additional work room or access is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment will be allowed for this item. D-37 CONCRETE ENCASEMENT: Concrete encasement shall be Class E (1500 psi) concrete and for sewer line encasements shall conform to Fig. 113; for water line encasements it shall conform to Fig. 20 of the General Contract Documents. Requirements for such encasement are specified in Sections El-20 and E2-20 of the General Contract Documents. Payment for work such as forming, placing, and finishing including all labor, tools, equipment and material necessary to complete the v,;ork shall be included in the linear foot price bid for Concrete Encasement. D-38 CONNECTION TO EXISTING STRUCTURES: All connections between proposed and existing facilities, shall consist of a watertight seal. Concrete used in the connection shall be Class A (3000 psi) concrete and meet the requirements of Section El-20 and E2-20 of the General Contract Documents. Prior to concrete placement, a gasket, RAM-Nek or approved equal, shall be installed around penetrating pipe. Payment for such work as connecting to ex1stmg facilities including all labor, tools, equipment, and material necessary to complete the work shall be included in the linear price of the appropriate pipe size. D-39 BID ALTERNATIVES: The Proposal section of this documents is arranged to allow the Contractor to base his bid on either ductile iron pipe or polyvinyl chloride plastic pipe. Contractor shall indicate type of pipe to be used. However, regardless of the general type pipe specified by the Contractor at certain locations, a specific type pipe has been specified on the plans. All cost for this shall be considered as subsidiary and no additional compensation will be allowed. D-41 SITE PREPARATION: The Contractor shall clear rights-of-way or easements of obstruction which must be removed to make possible proper prosecution of the work as a paii of this project construction operations. The contractor's attention is directed to Paragraph C6-6.10 Work Within Easements, Page 6-6(4), Part C -General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be included in the Linear Foot price of the pipe. D-47 CONCRETE AND ASSESSORIES: 1. SCOPE: The requirements of this section shall govern for all materials used and for the storage, handling, measuring, proportioning, and mixing or combining such materials in producing concrete for special manholes and incidental pier construction. All other concrete construction shall be governed by the General Contract Document Specifications. All materials shall be in accordance with requirements of ACI 301, unless amended or superseded by requirements of following articles or general notes on the Plans. Concrete shall be composed of normal Portland cement or high early strength cement, coarse aggregate, fine aggregate, and water proportioned and mixed as hereinafter provided in these specifications. When not specifically shown on the plans or stated in the Special Contract Documents, all concrete shall be 3000 psi Type II, unless otherwise directed by the Engineer. "Central Plant", or "Transit Mixed" concrete may be permitted, but only with Engineer's approval. 2. TESTING AGENCY: All testing shall be done by an approved testing laboratory selected and paid by the Contractor. Three (3 )cylinder samples should be performed at each 20-yard interval of concrete that is placed. 3. CEMENT (ACI 301 2.1): Only one brand of cement shall be used in any one structure, except by written permission of the Engineer. When such permission is granted and more than one brand is used in one structure, the resulting concrete shall be uniform in color. Portland cement shall meet the requirements of ASTM C150, Type II with a maximum of 5% tricalcium aluminate for exposure to sewage. All cement shall be sampled and tested in accordance with ASTM C183, C184, C187, C188, C190, and C191, "Sampling and Testing Portland Cement". 4. WATER (ACI 301 2.3): The water used in all concrete shall be free from objectionable quantities of silt, organic matter, alkali, salts, and other impurities. 5. COARSE AGGREGATE (ACI 301 2.4): Coarse aggregate shall consist of gravel or crushed stone meeting the requirements of ASTM C33. When tested by ASTM Cl 31 procedures, coarse aggregate shall have a percentage of wear of not more than fo1iy ( 40). Coarse aggregate for Class F concrete shall have a minimum of fifty (50%) percent calcium carbonate equivalent. 6. FINE AGGREGATE (ACI 301 2.4): Fine aggregate shall consist of natural sand, manufactured sand, or a combination thereof conforming to ASTM C-33. When tested in accordance with ASTM 40, "Test of Organic Impurities in Sands for Concrete", the fine aggregate shall not show a color darker than the standard color. When the fine aggregate, to be used on the job, is mixed with High Early Strength Portland Cement in the proportion of one to three, the average tensile strength of not less than three standard mortar briquets shall be equal to or greater than the tensile strength of Ottawa sand mortar briquets of the same consistency when tested at the age of three days. 7. ADMIXTURES (ACI 301 2.2): A. General: Unless specified, no admixtures may be used without specific approval of the Engineer. Admixtures containing more than 1 % chloride ions may not be used. B. Air Entraining Agent: Conform to ASTM C260. Add air entraining agent as indicated in ACI 301, Table 3.4.1. C. Water Reducing Admixtures: Conform to ASTM C494, Type A; Euclid Chemical Co. Eucon WR-75, Master Builders Pozzolith 200N, Protex PDA or approved equal. (At Contractor's option, water reducing admixture may be used to reduce cement content and improve workability.) Use according to manufacturer's recommendations. D. High Range Water Reducing Admixture (Super Plasticizer): Conform to ASTM C494, Type F or Type G; Euclid Chemical Co. Euco n37, Sike Chemical Corp. Sikament or approved equal. 8. STORAGE OF CEMENT (ACI 301 2.5): Unless otherwise provided, all cement shall be stored in well ventilated weatherproof buildings which will protect the cement from dampness. The floor supporting the cement shall clear the ground a sufficient distance to prevent the absorption of moisture by the cement. Provisions for storage shall be ample in capacity, and the shipments shall be segregated in such a manner as to provide easy access for identification and inspection of each shipment. - - - - - - - - - - - - - - - - - - The Engineer may permit small quantities of cement to be stored in the open for a short period of time, (maximum 48 hours) if a raised storage platform and adequate waterproof covering are provided. No cement shall be used which has become lumped, caked or hardened. 9. STORAGE OF AGGREGATES(ACI 301 2.5): The handling and storage of aggregate to be used in making concrete shall be such as to prevent the admixture of foreign materials. If the aggregates are stored on the ground, the site of the stock piles shall be grubbed, cleared of all weeds, grass and other vegetation, and leveled off so that the entire area will be properly drained. The bottom layer of aggregate shall not be disturbed or used. When the contract requires the use of two (2) or more sizes of aggregates, the different sizes shall be stored in such a manner as to prevent intermixing. Materials in stock piles shall be handled and placed in such a manner that segregation of materials within the pile will be avoided, and each pile shall be built up in horizontal layers of not more than three (3) feet in depth. 10. CONSTRUCTION JOINT BONDING (ACI 301 6.1.4.1): Polyvinyl acetate type bonding compound. Euclid Chemical Co. Euco Weld, Larsen Welacrete or approved equal. Omit 6.1.4.2 and 6.1.4.3 11. ACCESSORIES FOR FORMS (ACI 301, Chapter 4): A. Cone Ties: 11/16" diameter, 1" depth, plastic cone and neoprene waterstop ring with suitable snap tie. B. Chamfer Strips: 3/4" 45 degree job cut wood. 12. STRUCTURAL REPAIR MATERIALS (ACI 301 9.4): With prior approval of the Engineer as to methods and procedures, make structural repairs with Euclid Chemical Co. Euco Epoxy 456, 400, 463 or Sika Chemical Corp. Culma Dur Mortar, Sikadur Hi-Mod L.V. ,or Sikadur Hi-Mod or approved equal. 13. MIXING OF CONCRETE: A. Central Mixing Plant: A central mixing plant will be allowed provided the method of mixing and handling has first been approved by the Engineer, and concrete produced is in conformity with the specification requirements. Concrete: 1. Hauling Time: Discharge all concrete transmitted in a truck mixer, agitator or other transportation device within 1-1/2 hours after the mixing water has been added. 2. Extra Water: Deliver concrete to the job in exact quantities required by the design mix. Should extra water be required before depositing the concrete, the Engineer shall have sole authority to authorize the addition of water. Any additional water added to - - - - - - - - - - - - the mix after leaving the batch plant shall be indicated on the truck ticket and signed by the person responsible. Where extra water is added to the concrete it shall be mixed thoroughly for 40 revolutions of the drum or 3-1/2 minutes at mixing speed, whichever is greater. B. Transit Mixing: When transit m1xmg is used, the transit mixer shall be of an approved revolving drum or revolving blade type so constructed as to produce a thoroughly mixed concrete with a uniform distribution of the materials throughout the mass and shall be equipped with a discharge mechanism which will insure the discharging of the mixed concrete without segregation. The mixer drum shall be water-tight when closed and shall be equipped with a locking device which will automatically prevent the discharging of the mixer prior to receiving the required number of revolutions. The entire quantity of mixing water shall be accurately measured and controlled. Each batch shall be mixed to the consistency as described herein. Any additional mixing shall be done at a slower speed specified by the manufacturer for agitation and shall be continuous until the batch is discharged. 14. CONSTRUCTION JOINTS: Construction joints shall be placed as shown on the plans unless otherwise specifically authorized by the Engineer. All construction joint shall be made on horizontal and vertical planes and formed with mortises or keys made in the concrete unless shown otherwise on the plans. A. Construction Joint Bonding (ACI 302 6.1.4.1) Polyvinyl Acetate type bonding compound. Euclid Chemical Co., Euco Weld, Larsen Welacrete or approved equal and applied as recommended. Omit 6.1.4.1 and 6.1.4.3. 15. FORMS: A. FORMWORK (ACI 301, CHAPTER 4) 1. Earth Cuts (ACI 301 4.1.3): Shall not be used as forms for vertical surfaces unless approved by the Engineer. 2. Chamfer Strips (ACI 301 4.2.4): Install 45 degrees chamfer strips at exposed outside corners. B. FORM REMOVAL (ACI 301 4.5) 1. Form Removal: Remove formwork supporting weight of concrete only after notifying Engineer and in a manner to insure safety of the structure. Under normal conditions. Formwork may be removed when concrete is at least 14 days old and has reached 90 percent of specified strength. When temperature is below 45 degrees F, leave formwork in place an additional period of the equaling time structure was exposed to lower temperature. No live load permitted on new construction after form removal until concrete is at least 28 days old and has reached full specified strength. - - - - - - - - - - - - -- - - 2. Form Facing Material Removal: Form facing material which is removable without disturbing shores may be removed when concrete is at least 7 days old. Facing may be removed earlier if specifically approved by the Engineer and acceptable cunng compound is applied to all surfaces immediately after form removal. C. RESHORING (ACI 301 4.6) Reshoring permitted only after prior review by Engineer. D. FORM REUSE Clean all form material suitable for reuse before erection. No form material will be acceptable for reuse if, in the opinion of the Engineer it will not produce a finished surface required by these Specifications or called for on the drawings. 16. PLACING CONCRETE (ACI 301): On vertical formwork, use approved bar chairs or spacer as required to maintain proper concrete cover and bar position. 17. REPAIR OF SURFACE DEFECTS (ACI 309 9.1): Allow Engineer to inspect concrete surfaces immediately upon removal of forms. Modify or replace concrete not conforming to required lines, detail and elevations. Repair or replace concrete not properly placed resulting in excessive honeycombing and other defects. Do not patch, repair or replace exposed architectural finished concrete except upon express directions of Engineer. Patching of tie holes and defects is required. 18. FORMED SURFACE FINISHED (ACI 301 10.4): Formed surface finished per ACI 301 10.4. 19. CURING (ACI 301 12.1): A. Impervious Coating: Applied specified curing compounds immediately after final finishing of slabs. Apply in quantities recommended by the manufacturer. B. Wet Covering: Curing shall be continued for at least four curing days after the concrete is placed. 20. MISCELLANEOUS FINISH REQUIREMENTS: All other concrete finish work not indicated on the plans shall be provided herein, even though not specifically mentioned, as follows: 1. Finishing Exposed Surfaces: All tie wires shall be cut below surface then pointed over. All imperfections such as fins shall be removed and local surface depressions pointed over. 21. PAYMENT FOR CONCRETE: The concrete quantities for the various structures will be paid for at the lump sum for the construction of the special manhole and piers. Price will be full compensation for furnishing, hauling, and mixing all concrete materials; placing, curing and finishing all concrete; all grouting and pointing; cost of concrete mix - - - - - - - - - - - - - - - - - design except as provided in Special Contract Documents; furnishing and placing metal flashing strips; and for all forms and formwork, labor, tools, equipment, and incidentals necessary to complete the work. D-48 TEMPORARY PAVEMENT REP AIR: The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of I-inch cold mix asphalt. 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. D-55 TEMPORARY SOIL EROSION SEDIMENT AND WATER POLLUTION CONTROL: 1. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices. 2. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible- earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution-control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right of way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil-erosion-control measures shall be performed as directed by the Engineer. The amount of surface area of erodible-earth material exposed at one time shall not exceed 750,000 square feet for each excavation operation, 750,000 square feet for each material source operation (other - - - - - - - - - - -- - - than from commercially operated sources), 750,000 square feet for each preparing of right-of-way operation or 750,000 square feet for each clearing and grubbing operation, unless otherwise shown on the plans or with prior approval by the Engineer in writing. The CONTRACTOR shall also conform to the following practices and controls. All labor, tools, equipment and incidentals to complete the work will not be paid for directly but shall be considered as subsidiary work to the various items included in the contract. (a). Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. (b ). Frequent fording of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossings are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. (c). When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. ( d). All waterways shall be cleared as soon as practicable of falsework, piling, debris or other obstructions placed during construction operations that are not a part of the finished work. ( e ). The CONTRACTOR shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. 3. SUBMITTAL: Prior to the start of the applicable construction, the CONTRACTOR shall submit for approval his schedules for accomplishment of soil-erosion-control work and his plan to keep the area of erodible-earth material to a minimum. He shall also submit for acceptance his proposed method of soil-erosion control on construction and haul roads and material sources and his plan for disposal of waste materials. No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. 4. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. D-57 HYDRO MULCH SEEDING AND SODDING: - - - - Any sodding or hydro mulching required will be done in accordance with Fort Worth Public Works Department Standard Specifications item 118 and 120. If in the opinion of the Engineer, additional seeding and/or sodding is required due to the Contractor's construction, this will be seeded and sodded at the expense of the Contractor. Payment for work and all associated appurtenants required, shall be included in the appropriate bid item(s). D-65 TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31. The Contractor shall execute this work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. Barricades, warning and detour signs shall conform to be the Standard Specifications for street and storm drain construction, "Barriers and Warning and/or Detour Signs", Item 524, and/or as directed by Engineer. fhe Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements or 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. D-70 TRENCH BACKFILL (UTIL. CUT): The Water Department shall place the pipe embedment and backfill with washed rock per the following specification. Washed Rock: All washed rock used for embedrnent or as otherwise directed by the engineer shall be washed gravel or washed crushed stone or washed crushed gravel and shall meet the following gradation and abrasion: Sieve Percent Sieve Size Retained Size 1-1/2" 0-2 3/8" l" 7-55 #4 %" 23-100 Los Angeles abrasion test: 50% Maximum wear per AS1M. D-79 CURB ON CONCRETE PAVEMENT: Percent Retained 85-100 95-100 Standard Specification Item 502 shall apply except as herein modified. INTEGRAL CURB: Integral curb shall be constructed along the edge of the pavement as an integral part of the slab and of the same concrete as the slab. The concrete for the curb shall be deposited not more than thirty (30) minutes after the concrete in the slab. SUPERIMPOSED CURB: Concrete shall have a minimum compressive strength of three thousand (3,000) pounds per square inch at twenty-eight (28) days. The quantity of mixing water shall not exceed seven (7) U.S. gallons per sack (94 lbs.) of Portland Cement The slump of the concrete shall not exceed three (3) inches. A minimum cement content of five (5) sacks of cement per cubic yard of concrete is required. PAYMENT: Payment shall be made for cutting and replacing curbs and gutters required in this Project under the apprqpriate bid item and shall be in compliance with Public Works Department standard requirement Item 502. D-80 .@JUST WATER VAL VE BOX, MANffOLES, AND VAULTS (UTIL. CU]): Contractor will be responsible for adjusting water valve boxes, manholes and vaults to match new pavement grade. The unit price bid will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. D-86 WORKER'S COMPENSATION INSURANCE: A. Contractor's Worker's Coblpensation Insurance. Contractor agrees to provide the Owner (City) a certificate showing that it has obtained a policy of worker's compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. B. Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of worker's compensation insurance covering each employee on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Co!)tractor shall provide a copy of all such certificates to the Owner(City). -C. Worker's Compensation Insurance Coverage. 1. Definitions: Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81 , TWCC-82, TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for person's or entity's employees providing services on a project, for the duration of the project. Duration of the Project -includes the time from he beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the City. Persons providing services on the project ("subcontractor" in Texas Labor Code Section 406 .096) -includes all persons or entities performing all or part of the services the contractor has undertaking to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees . This included, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any entity which furnishes persons to provide services on the project. "Services" include without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food /beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 ( 44) for all employees of the contractor providing services on the project, for the duration of the project. 3 . The Contractor must provide a certificate of coverage to the City pnor to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing the coverage has been extended . 5. The contractor shall obtain from each person providing services on a project, and provide to the City: - - (a) a certificate of coverage, prior to that person beginning work on the project, so the City will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the City in wntmg by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by Texas Worker's Compensation Commission, informing all persons providing services on the projects that they are required to be covered and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting on the classification codes and payroll amounts and filling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 ( 44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor. prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; ( c) provide the contractor. pnor to the end of the coverage period a new certificate of coverage showing the extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ( d) obtain from each other person with it contracts, and provide to the contractor: ( 1) a certificate of coverage, prior to the other person beginning on the project; and -(2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; ( e) retain all required certificates of coverage on file for duration of project and for one year thereafter. (f) notify the City in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts, to perform as required by paragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the City that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on the proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Texas Workers' Compensation Commission's Division of Self-Insurance Regulation. providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. D. Posting of Required Worker's Compensation Coverage. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Workers' Compensation Act or other Texas Workers' Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 10 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee . "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. D-89 TRENCH EXCAVATION, BACKFILL AND COMPACTION: Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within easements, and within existing or future R.O.W. shall be in accordance with Sections El-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein. 1. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and Backfill, if the stated maximum trench widths are exceeded, either through accident or otherwise, and if the Engineer determines that the design loading of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be confined to the width of permanent rights-of-way, permanent easements, and any temporary construction easements. All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. 2. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See El-2.3, Type "C" or "D" Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" back- fill material is not suitable, at the direction of the Engineer, Type "B" backfill material shall be used. In general, all backfill material for trenches in existing paved streets shall be in accordance with Figure A. Sand material specified in Figure A shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces, lumps of clay, soil, loam or vegetable matter and shall meet the following gradation: -· .. Size Sieve #4 #16 % Retained 0-5 0-20 (P.I. = 8 or less) Size Sieve #50 #100 #200 % Retained 0-50 60-95 90-100 3. TRENCH COMPACTION: All trench backfill shall be placed in lifts per E2-2.9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of 90% Standard Proctor Density (A.S.T.M. D698) by means of tamping only. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by jetting, mechanical tamping, or a combination of methods. Backfill material to be mechanically tamped must be within +-4% of its optimum moisture content. The top two (2) feet of sewer line trenches and the top eighteen (18) inches of water line may be rolled in with heavy equipment tires, provided it is placed in lifts appropriate to the material being used and the operation can be performed without damage to the installed pipe. The Contractor shall obtain the services of an independent testing laboratory to perform trench compaction tests per A.S.T.M. standards on all trench backfill. Any retesting required as a result of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City. These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the City. 4. MEASUREMENT AND PAYMENT: All material, including any and all Type "B" backfill, and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe. All costs involved in performing the trench compaction tests made by independent laboratories shall be subsidiary to the cost of the contract. D-91 SHOP DRAWINGS: 1. Submit seven (7) copies of shop drawings, layouts, manufacturer's data and material schedules as may be required by the Engineer for his review. Submittals may be checked by and stamped with the approval of the Contractor and identified as the Engineer may require. Such review by the Engineer shall include checking for general conformance with the design concept of the project and general compliance with information given in the General Contract Documents. Indicated actions by the Engineer, which may result from his review, shall not constitute concurrence with any deviation from the plans and specifications unless such deviations are specifically identified by the method described below, and further shall not relieve the Contractor of responsibility for errors or omissions in the submitted data. Processed shop drawing submittals are not change orders. The purpose of submittals by the Contractor is to demonstrate that the Contractor understands the design concept, and that he demonstrates his understanding by indicating which equipment and materials he intends to furnish and install, and by detailing the fabrication and installation methods he intends to use. If deviations, discrepancies or conflicts between submittals and the design drawings and/or specifications are discovered, either prior to or after submittals are processed, the design drawings and specifications shall govern. The Contractor shall be responsible for dimensions which are to be confirmed and correlated at the job site, fabrication processes and techniques of constriction, coordination of his work with that of other trades and satisfactory performance his work. The Contractor shall check and verify all measurements and review submittals prior to being submitted, and sign or initial a statement included with the submittal, which signifies compliance with plans and specifications and dimensions suitable for the application. Any deviation from the specified criteria shall be expressly stated in writing in the submittal. Three (3) copies of the approved submittals shall be retained by the Contractor until completion of the project and presented to the City in bound form. 2. Shop drawings shall be submitted for the following items prior to installation: ***List the required submittals here*** Additional shop drawing requirements are described m some of the material specifications. 3. Address for Submittals -The submittals shall be addressed to the Chief Design Engineer: D-101 TESTING: David R. Townsend, P.E. Fort Worth Water Department Engineering Division P.O. Box 870 Fort Worth, TX 76101 a. The Contractor shall furnish, at his own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. b. Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement, and mortar which are to be used later in the concrete . The Contractor shall provide a certified copy of the test results to the City. c. Quality control testing of in-place material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of his responsibility to furnish materials and equipment conforming to the requirements of the contract. d. Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required) for the site to be tested, and any work effort involved is deemed to be included in the unit price for the item being tested. e. The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. D-102 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal for each bid item. Surface restoration and cleanup are general items of work which fall in the category of subsidiary work. D-103 ADDENDA: Bidders wanting further information, interpretation or clarification of the contract documents must make their request in writing to the Fort Worth Water Department Engineering Services, at least 96 hours prior to bid opening. Answers to all such requests will be bound and made a part of the Contract Documents. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from, the Contract Documents, or should the bidder be in doubt as to their meaning, the bidder should at once notify the Fort Worth Water Department Engineering Services, in order that a written addendum may be sent to all bidders. Any addenda issued will be mailed or be delivered to each prospective bidder. The bid proposal as submitted by the bidder must be so constructed as to include anyaddenda issued by the Fort Worth Water Department, prior to 24 hours of the opening of bids with appropriate recognition of addenda so noted in the bid proposal. D-104 OSHA STANDARDS: All work performed under this contract shall meet the requirements of the Occupational Safety and Health Administration (OSHA).It is the responsibility of the Contractor to become familiar with the provisions of the regulations published by the OSHA in the Federal Register and to perform all the responsibilities thereunder. It is the Contractor's responsibility to see that the project is constructed in accordance with OSHA regulations and to indemnify and save harmless the City from any penalties resulting from the Contractor's failure to so perform. D-105 PROJECT SUPERJNTENDENTS: The Contractor shall keep a competent resident superintendent at the project site at all times during the progress of the work. A resume listing the qualifications and experience record of the proposed resident superintendent, as well as references from similar projects shall be submitted to the Owner prior to award of contract. This resident superintendent, if found to be acceptable, shall not be replaced without written notice to and consent from the Owner except under extraordinary circumstances, Qualifications of a proposed replacement shall be submitted when a request is made for replacement of the superintendent and shall be approved by the Owner prior to withdrawing the superintendent. During the construction of the project, the resident superintendent shall demonstrate an ability to properly execute the work outlined in the contract documents in a timely manner and shall consistently produce work of an acceptable quality and in accordance with the contract docum'3nts. If the Owner shall have a reasonable objection to the performance of the resident superintendent, the Contractor shall replace the resident superintendent upon written notice from the Owner. The resident superintendent is to be replaced with a superintendent acceptable to the Owner. No extension of time will be allowed for delays caused by the replacement of a resident representative. D-106 RESIDENT ENGINEER: The General Conditions, Section C 1-1.19 ENGINEER, defines various persons who may be designated as the Engineer. For the prosecution of this contract, the Term Engineer shall mean the Resident Engineer as designated by the Director of the Fort Worth Water Department together with members of the staff of the Engineer who are assigned to the Project. Any contacts the contractor may wish to make with any City personnel, including the Water Production Supervisor, members of the plant operating staff, members of the City Administration, or Consulting Engineers, shall be arranged through the Engineer. The Contractor shall not act upon requests or instructions he may receive from any City personnel or Consulting Engineers nor shall he give instructions or directions to such persons without the approval or consent of the Engineer. D-107 PROGRESS PHOTOGRAPHS: The Contractor shall take photographs of the project site prior to construction, monthly during construction of the project and after completion of the project. Photographs may be taken with a quality 35mm or better camera, equipped to photograph either interior or exterior exposures, with lenses ranging from wide angle to 135mm. Photographs shall be taken at locations as designated by the Engineer. Contractor shall video tape all roads and work areas to be affected prior to starting construction and furnish a copy of the video tape to the Engineer. Two glossy color 3" x 5" prints and the negative shall be provided for each photograph taken. Each print shall be marked on the reserve side to indicate project name, date and time, location, direction of exposure, and description of what is being photographed. Prints shall be clear and sharp with proper exposure. If prints of adequate quality are not produced from exposures, additional photographs shall be taken. D-108 TERMINATION: It is understood and agreed that this contract may be terminated by the City without obligation to the Contractor, in whole or from time to time in part, whenever such termination is determined by the City to be in the best interests of the City. Termination may be effected by delivering to the Contractor or his designated representative a notice of termination, specifying to what extent performance of the work under the contract is being terminated and the effective date of termination. After receipt of notice of termination Contractor shall: 1. Stop work specified in the notice on the date and to the extent specified in the notice of termination. 2. Place no further order or subcontract except as necessary to complete work already underway. 3. Terminate all orders and contracts to the extent that they relate to the performance of the work terminated by the Notice of Termination. D-109. HAZARDOUS AND TOXIC MATERIALS: Insofar as permitted by law, the Owner shall indemnify and hold harmless the Contractor from and against any and all liabilities, losses, cost, damages and expenses, arising out of use of the materials at the Owners site which are not under the direct control of the Contractor, including, but not limited to, any and all liability resulting from personal injury, including death, property liability, at any time, however caused, due to the presence or release of, or exposure, whether to the person of property injured or otherwise, whether to the person of property injured or otherwise, to any hazardous or toxic substance, provided, however, that the City liability shall be limited to that established in Article 6252-19, Texas Revised Code and other applicable State statutes and Constitutional provisions. D-110. SPOIL AND FILL MATERIAL: - - - - - - Prior to disposing on any spoil/fill material, the contractor shall advise the Director of Transportation and Public Works, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Wmih (Ordinance No 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating the site is not in a known flood plain of by a Flood Plain Fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the contractor's expense . In the event the contractor disposes of spoil/fill material at a site without a fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of Transportation and Public Works, the contractor shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinances of the City and this section . D-111 AGE: In accordance with the policy "(Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plant or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. D-112 DISABILITY: - - - - - In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor wan-ants that it any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to comply with the above-referenced law concerning disability discrimination in the performance of this agreement. D-113 INDEMNIFICATION: To clarify Section C6-6.12 of the General Conditions of the Contract, it is the intent of the Owner that the Contractor indemnify, hold harmless and defend the Owner, and the Owner's officers, agents, servants, and employees from and against any and all claims as listed herein, even though causes by the Owner's sole negligence. With respect to the last sentence of the first paragraph of Section C6-6.12, it is the Owner's intent that the language be site specific to the general area where the work to be performed under the Contract is being performed. It is not the Owner's intent that the Contractor be required to indemnify the Owner for damages to property other than that caused to property located in close proximity to this project, unless such damage is caused wholly or in part by the Contractor's negligence. D-114 CONSTRUCTION ADMINISTRATION A. CONTRACTOR MODIFICATION REQUEST(CMR)/PROPOSED CONTRACT MODIFICATION(PCM): Any Change in the Contract Documents will be initiated either by the Contractor issuing a Contractor's Modification request (CMR) or by the Owner issuing a Proposed Contract Modification (PCM) on forms provided by the Owner. Proposals will be reviewed by the Owner and if found acceptable, will be incorporated in a Change Order or a Field Order in accordance with Section C4-4 of the Contract Documents. The Contractor's Modification request (CMR) shall fully identify and describe the deviations and associated costs, time factors and impacts, and state the reason the change is requested. Any savings in costs related to the substitution/repalcement or change is to be stated in th erequest for consideration. Cost of the Engineer's evaluation of any substitution or deviation requested by the Contractor shall be charged to the Contractor by the Owner. B.PROJECT INFORMATION REQUEST - - - When necessary, the Contractor shall request additional information, clarification or interpretation of the contract documents or when the Contractor believes there is a conflict between the contract drawings and specification, the Contractor shall identify the conflict and/or request clarification/additional information using the Project Information Request (PIR) form provided by the Owner. Sufficient information shall be attached to permit a written response without further information. The Owner will log each request and will review the request. If review of the Project information request (PIR) indicates that a change to the contract documents is required, the Owner will issue either a Field Order(FO) or Proposed Contract Modification (PCM). C. RECORD DRAWINGS The Contractor shall keep on record at the site a copy of all Contract Specifications, Plans, Addenda, modifications, record and shop drawings and samples, in good condition and annotated in erasable red pencil to show all changes made during the construction process. These shall be delivered to the Engineer upon completion of the work and before final payment is made. The Contractor shall retain for record purposes only, all designs and plans prepared for construction which are prepared and sealed by a State of Texas Registered Professional Engineer. Said design and plans shall include, but not be limited to. paving, buildings, mechanical and electrical systems, foundation, etc. PART "E" TECHNICAL SPECIFICATIONS - PART "E" -TECHNICAL SPECIFICATIONS UNIT I -SEARCH & PLACE TEMPORARY MARKER BUOYS AT HAZARDS FOUND IN THE GENERAL BOATING USE AREA "A" 1. Contractor to purchase /provide/ furnish One Hundred and Seventy (170) Marker Buoy Float Unit Assemblies complete with Cable and Concrete Anchors as supplied by Rolyan Manufactured Products ( or Engineer Approved Equal) as follows per Rolyan Catalog Item #'s : 170 -B1600AO Orange Floats 170 -B21620 Concrete Anchors 5 -B1936 Spools of Y.i" Cable 340 -B2312 Cable Thimbles Y.i" 680 -B2332 Cable Clamps ~" 2. Contractor to Search with Adjustable Floating Drag-Bar/ Manual Rake the General Boating Use Area "A" for the purpose of finding Stump Hazards within a Hazard Zone of 10 feet deep (based upon a Full Lake Level of 594 feet above Sea Level). Where the existing bottom is more shallow than 10 feet deep @ Full Lake Level, then the Contractor is to Search a Hazard Zone down to a bottom depth of 584 feet above Sea Level. Contractor is to locate and record the GPS positions of all found Boating Hazards and place Temporary Marker Buoy Float Unit Assemblies at each found Boating Hazard. The Marker Buoy Float Unit Assemblies shall all be removed at the end of the Contract and remain the Property of the Owner. Contractor to disassemble the Float Unit Assemblies prior to their return to the Owner and deliver all components to the Lake Worth Management Office Area as determined by the Project Engineer. 3. Contractor to Search Area "A" a distance from Shore to be determined by the length of the Existing Docks encountered (i.e. search on a bearing line as will vary from the end of one existing dock to the end of the next adjacent existing dock). Some locations will not have any existing docks and the Contractor is to Search a distance from Shore of 100 feet in those circumstances (with the exceptions of Goat and Willow Islands where all stumps are to be removed to the Shore Line) Continued next Page E-1 - - UNIT II-REMOVAL OF DESIGNATED DISCOVERED BOATING HAZARDS FOUND BY UNIT l's SEARCH EFFORTS 1. Contractor to physically remove from the Lake all designated Stump Hazards found within the Hazard Zone and properly dispose of all such debris at an off-site private facility. 2. Contractor has the option to use any type of Stump Removal Process that doesn't contaminate the Lake Water with Grease/ Oil/ Gasoline/ Diesel Fuel. Possible methods of stump removal include Underwater Stump Grinder/ Chainsaw / Backhoe Bucket/ Shear equipment designed for this purpose. 3. Contractor to remove each stump at or near the Lake Bottom -but not higher than one (1) foot off the Lake Bottom. UNIT III -REMOVAL OF DESIGNATED LISTED STUMPS THAT ARE NOW KNOWN TO EXIST IN AREAS: Bl,B2,C,D,F,G,Hl,H2,J,K 1. Barrel(s) have been found I listed in some of these Areas that will need to be physically removed from the Lake at or near level with the Lake Bottom and properly disposed of at an off-site private facility. 2 .. Stump(s) have been found/ listed in some of these Areas that will need to be Physically removed from the Lake per the Technical Specs. provide above for UNIT II paragraphs 1,2,3 E-2 PART "F" BONDS AND INSURANCE THE STATE OF TEXAS COUNTY OF TARRANT !?WQB.MANCB BOND § § Bond No. 09002897 KNOW ALL MEN BY.THESE PRESENTS: That we (1) Apeck caostwctioo, lac . ___ ...._, a (2) Corooratjon of Anacoco, LA hereinafter called Principal, .and (3) Qol9nial American Casualty and Surety Company a corporation organized and existing under the laws of the State and f\.tlly authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Wo1th, a municipal coxporation organized and existing under the laws of the State of Texas, hereinafter called Owne1•, in the penal sum of: Two Hundred Eighty One Thousand Six Hundred Twenty Five Dollars and No/100----- ($2a1 625 oo ) Dollars in lawful money of the United States, to be paid fo Fort Wo1th, T~rraJ_1t County, Texas, fo1· the payment of which sum well and truly be made, we hereby bind om·selves, our heirs, executors, administrators, and succe$SO~·s, jointly c1nd severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is sue~ that Whereas, the Principal entered jnto a certain contract with the City of Fort Worth, the Owner, dated the ___ . day of A.D. .......:.-., a copy of which is hereto attached cmd made a part hereof, for the construction of: Lake Worth Haz~rd Stullilp Removal Project designated as Project No.(s)_WI.....,__,_~R'-"-2=0~1 o,c...-_,._56...,0...,.0'"-'-4.,._0 _______ , a copy of which contract is hereby attached, referred to, and made a part hereof as fully and to the same extent as if copied at le.llgth herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original tern) thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and he shall $atisfy all claims and demands inc\m,ed under the oontraot, and shall fnlly indemnify and sa-ve harmless the Owner from all costs and damages whioh it may suffer by reason of failure to do ·so, and shall relmbUrse and repay the owner all outlay and expense which the Owner may incut in making· good any default, then this obligation shall bo void; otherwise to n,main in full force and effect. PROVII?ED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no charge, extension of tin1e, alteration or addifion to the tenns of the contract or to the work to be performed' there\utder, or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, exten.sion of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is ex~ed in six counteIP.arts each one of which shall be deemed an odglnal 1 this the 1 day of !1/ht'-zrJ&.A .n., :;iOJQ. ATTEST: (SEAL) Witness as to Principal . fO ~O'f. &.40 ~ ~ l)/C/63 Address ATIEST: (Surety) Secretary (SEAL) 700 W Prien I ake Bd I ake Cbacles I 8 70601 (Address) Colonial American Casualty and Surety Company Surety (Add1·ess) NOTE: Date of Bond must not be priot to date of Contract (1) Correct Name of Contractor (2) A Corporation, a Fartncrship or an Individual, as the case may be (3) Correct name of Surety ( 4) If Contractor is Partnership, all Partners should execute Bond (5) A True copy of Power of Attorney shall be attached to Bond by Attorney-in-fact F-2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL_AME~CAN CASUALTY AND SURETY ~OMPANY, co~orations of the S~~aryland, by ~LLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary, m purz~n~ ~~ranted by Article VI, Section 2, of the By-Laws of said Companies, which are _set forth on_ ~ffi"@ati0~ a._;-~~reby certified to ?e ~ full force and effect on the date hereof, does hereby nomma ·1t~~~po . &~VEEN, JR., Bmme STEVISON, Douglas N. MCELVEEN and Ca~ . ~ is;it,U, pt:_~-', ouisiana, EACH its true and lawful agent and Attomey-in-Fact:_!~~~rexecw,\ooa . d dffiV ~~l:llts behalf as surety, and as its act and deed : any an~ a_ll bonds an_d und O t~i~~~~~\:h'l.borrds or undertaking_s in pursuance of these presents, shall be as bmdmg upon 1~, as zyll~ an<Ytn'i~~~intents and purposes, as 1fthey had been duly executed and acknowledged by th1-arl e~~r~the Company at its office in Baltimore, Md., in their own proper persons. This power of attom h.Wi~ued on behalf of George A.MCELVEEN, JR., Ray A. TODD, JR., Binnie STEVISON, Dougla . v LVEEN, Catherine Sue MOSS, dated May 16, 2007 . The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2 , of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 9th day of June, A .D . 2008. ATTEST: Stat~ of Maryland }ss: Baltimore County FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY By: I Gerald F. Haley Assistant Secretary William J Mills Vice President On this 9th day of June, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Dennis R. Hayden Notary Public My Commission Expires: February 15, 2013 POA-F 056-4449 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2 . The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee , shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require , or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances , stipulations, policies, contracts, agreements , deeds , and releases and assignments of judgements, decrees , mortgages and instruments in the nature ofmortgages, ... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY "Article VI , Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents , Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require , or to authorize any person or persons to execute on behalf of the Company any bonds , undertaking, recognizances , stipulations , policies , contracts, agreements , deeds , and releases and assignments of judgements , decrees , mortgages and instruments in the nature ofmortgages, ... and to affix the seal of the Company thereto ." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND , and the COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate ; and I do further certify that the Vice-Pre sident who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND , and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May , 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May , 1994 . RESOLVED : "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary , or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company , shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies , this ______ day of ___________ _, ____ _ Assistant Secreta ry Bond No . 09002897 THE STA'1'B OF TEXAS § COUNTY OF TARRANT § PA'.t'MENT.BOND KNOW ALL BY THESES PRESENTS : That we, (1) hoeck Con~truction. Inc . a hereinafter (2) Corporation . called Prb1clpal Anacoco LA Pa rish of Vernon and of (3) Colonial American Casualty and Surety Company , a corporation organized and existing under the lnws of the State MP and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto ·1he City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, fim1s, and corporations who may furnish materials for. or perl'orm labor upon, the building or Two Hundred Eighty One Thousand Six improvements hereinafter rofened to In the penal sum of Hynd red Twenty.five Qolla~ aod No/1 ao--- -~Dollars($ 281 ,625 .00 ) in lawful money of the United States to be paid in Fort Worth, Tarrant County, Texas, for the payn1ent of which siim well ttnd truly be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. TIIB CONDITION OF THIS OBLIGATION is such that whe;e~, the Prinoipal eutexed into a certain contraot with the City of Fort Worth, the Owner, dated the ___ day of _____ _, 20 __, a copy of which is hereto attached and made a part hereof, for the considerntion of: Lake W9[th Hazard Stqmp Removal Project designated as Project Number WTR-2010-560040 • a copy of which contract is hereto attached, teferred to, and made a part hereof as fully and to the same extent as if copied at length herein, such projeot and construction being herehiafter r~ferred to as the "work". NOW THEREFORE, the condition of fuls obllgation is such that, if the Principal shall promptly make payment to all· claimants as defined in Chapter 2253, Texas Oovol'JlllUmt Code, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force fll_'ld effect. THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and n1aterial in the prosecution of the work provided for in said Contract, as claimants are defined in· said Chapter 2253, and all such claimants shall have a direct J.ight of action under the bond as provided in Chapter 2253, Texas Government Code. PRqVIDB FURTHER, that if nny legal action be filed upon this bond, venue shall lie in Tarrant County, Texas, State of Texas,· and that the said Surety, for value received, hereby stipulates and agrees that no change extension of time, alteration or addition to the tern1s of the contrac~ or to the work be performed thereunder or the specification accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or nddiU01'l to the terms of the contract or to the work or the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contract~r shall abridge the right of any beneficiary hereunder whose claim shall b~ Up.Satisfied. IN WITNESS WHEREOF, this instrument is executed hl six counterparts, ea.ch one of which shall be deemed an original, this tf/ ~ay of ~2,~1~ ATIEST: ~· (SEAL) (Witness as to Principal) · Po~ ~f& /J1<N:; (Addr s) . · ATTEST: (Surety) Secretary (SEAL) ~.~s~lfetg.., 700 W. Prien Lake Rd ., Lake Charles , LA 70601 Address Address ~ ~ ]/C/63 City/State/Zip Colonial American Casualty and Surety Company (Surety) BY: ~ (v,.___ A (5) Douglas N. McElveen ZOO w ecieo Lake Rd . · Address Lake Charles. LA 70601 City/State/Zip Note; Da\t of bond must not be b;to1e: tho d.\te of award of tortr•ot (I) COire<1I n11111; or contractor (2) A corpOrAtlon, pai1nonhlp. or Indiv idu al as th~ cma m1'y bG (3) Correct nam; of Surety (4) If Co11tmetor I, a parln~shfp, lho Contract must ba cxci;ut~ by lhc m1r1aglng or geMral pllllll er oflhe partne rs hip Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S~~aryland, by WILLIAM J. MILLS, Vice President, and GERALD F . HALEY, Assistant Secretary, in~urs n~ ~hl>\\i~ranted by Article VI , Section 2 , of the By-Laws of said Companies, which are _set forth on_~\ ~ s . fw~ a~ Mlereby certified to ?e ~ full force and effect on the date hereof, does hereby nomma · t t ~ po · & • ill VEEN, JR., Bmme STEVISON, Do ug las N. MCELVEEN and Ca~ . , a,U, , ouisiana, EACH its true and lawful agent and Attorney-in-Fact, to I cW, nd dgi,v , ; , trits behalf as surety, and as its act and deed : any and a ll bon ds a-d und t 1 •· ex~w"~~o s or undertakings in pursuance of these presents, shall be as binding upon · -0 i , as~ afjq)fm ~¥intents and purposes, as if they had been duly executed and acknowledged by th ae ar elctl<?d&}~r~t e Company at its office in Baltimore, Md ., in their own proper persons. This power of attom h ~i};Jired on behalf of George A. MCELVEEN, JR., Ray A. TODD, JR., Binnie STEVISON, Dougla . LVEEN, Catherine Sue MOSS, dated May 16 , 2007. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI , Section 2 , of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUAL TY AND SURETY COMP ANY, this 9th day of June, A .D . 2008 . ATTEST: Stat: of Maryland } ss: Baltimore County FIDELITY AND DEPOSIT COMPANY OF MARYL AND COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY By : Gerald F. Haley Assistant Secretary William J Mills Vic e President On this 9th day of June, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F . HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Dennis R. Hayden Notary Public My Commission Expires: February 15, 2013 POA-F 056-444 9 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2 . The Chairman of the Board, or the Pres ident, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require , or to authorize any person or persons to execute on behalf of the Company any bonds , undertaking, recognizances , stipulations , policies, contracts , agreements , deeds, and releases and assignments of judgements, decrees , mortgages and instruments in the nature ofmortgages, ... and to affix the seal of the Company thereto ." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2 . The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require , or to authorize any person or persons to execute on behalf of the Company any bonds , undertaking, recognizances , stipulations , policies , contracts , agreements , deeds , and releases and assignments of judgements, decrees , mortgages and instruments in the nature ofmortgage:,···and to affix the seal of the Company thereto ." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND , and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY , do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI , Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I 0th day of May , 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUAL TY AND SURETY. COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company , whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company , shall be valid and binding upon th~ Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF , I have hereunto subscribed my name and affixed the corporate seals of the said Companie s, this ______ day of ___________ _ Assistant Secre tary THE STATE OF TEXAS COUNTY OF TARRANT MAIN1'ENANCJ} BQNl) § § KNOW ALL MEN BY THESE PRESENTS: That we (1) .Apeck constructioo lac . as Frlncipal, acting he1·ein by and through (2) ____________ ~ its duly authorized and (3)golonial American Casualty and Surety Company a corporation organized and existing under the laws of the Stato of MD as surety, do hereby acknowledge themselves to be held and bound to pay unto tho City of Fort Worth, a Municipal Corporation, chartered by virtue of Constitution and laws of the State ofTc>_e.as, at Fort Wo1·th1 in Tarrant County, Texas, the sum of: Two Hundred Eighty One Thousand Dollars and Six Hundred Twenty Five Dollars($ 281.625.00 ), )awful money of the Ullited States, for the payment of which s1µn well and truly be made \UltO said City of Fort Worth and its successo1:s, said Contractor and surety do hereby bind themselves, their heirs, executors, administrntors, and assigns and successors, jointly and severally . This obligation Js condi!ioned, however; that, WHEREAS, the Principal has entered Jnto a certain contra.ct with the City of Fort Worth, the Ownei·, dated for the performance of the following described publio work and the constnlctlon of the following described public improvements: Lak~ 'N.Qrth ~ard Stump Removal Project P.roject No . WTR-2010-560040 all of the same being referred to herein and in said contract as the Work and being designated as Project No.(s) WTR-2010-560040 ; and said contract> including all of the specifications, conditions and written Instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made n part hereof, the same ft:9 if set out verbathn herein; and> WHEREAS, in said Contract, Contractor binds itself to use such materials ai1d to so construct the work tl1at it will remain in good repair and condition for and during the period £1) one year after the date of the flnal acceptance of the work by the City; and, WHEREAS, said Contractor binds itself to m~intain said WOl'k in good repafr and condition for said term of (1-) one year ; and, · WHEREAS, sad Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it is necessary; and, WHEREAS, said Contractor binds itself, upon recef ving notice of the need thereof to repair or 1·econstruct saiq work as herein provlded. · NOW THEREFORE, if said Contractor shall keep it.s said agreement to n1aintain, rep_air or reconstruct said work in accordanoe with all the te1+i11s and conditions of said F"S contract> these presents shall be iltlll and void> a11d have no force or effect. Otherwise, this Bond shall remah1 in full force and effect, and sajd City shall have and recover from the said Contractor and its surety damages In the premises as prescribed by said contract . . This obligation shall be continuing one and successive_ recoveries inay be had hereon · for successive breaches until the full amount hereof is exhausted. WHEREAS, all parties covenant and agree that if any legal action be filed upon tM~ bond, venue shall lie in Tarrant County, Texas; and, · IN WITNESS WHEREOF, this insh:Untent is executed In 3. counterparts, each one of which shall be deemed an 01iginal, dated J'Y:rz!en~ q . 0 tJ / 0 . AITEST: WAtf~~. (Pdncjple) Secrewy (SEAL) !SQ\\; ~t= A1TEST: 7 700 W . Prien Lake Rd ., Lake Charles 6 LA 70601 (Address) (Surety) Secretary (SEAL) NOTE: Date of Bond must not be prior to _..rWitness~~ ~ (I) (2) c=A , Ai ,.,~~L,., (3) 700 w Prjen LakeBd l,.aki;i Charles LA 70601 (4) (Address) (5) F-6 date of Contract Correct Name of Contractor A Corporation, a Partnership or a.it Individual, as the case may be Cox-rect name of Surety If Contra¢tor is Partnership, all Partners should execute Bond A Tnie copy of Power of Attorney shall be attached to Bond by Attomey-inMfact ..: Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY, corporations of~he S~ aryland , by WILLIAM J . MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary,~· purs Ir~ :()l · anted by Article VI , Section 2 , of the By-Laws of said Companies, which are set forth on C h0reo n reby certified to be in full force and effect on the date hereof, does hereby nomina f t po · 1 , · & • VEEN, JR., Binnie STEVISON, Douglas N. MCELVEEN and Ca~. !VF\ ~Jf ~~ , ouisiana, EACH its true and lawful agent and Attorney-in-Fact, tom cW, ruid pe,n,v ~ ~hYts behalf as surety, and as its act and deed: any and all bonds and und t fil I exe~~ fi f£!1\.borrds or undertakings in pursuance of these presents, shall be as binding upon · ' 0 i' , as ~ aijql~ , ' a intents and purposes , as if they had been duly executed and acknowledged by th-~! e~~r~t e Company at its office in Baltimore, Md., in their own proper persons. This power of attorn , h ~i~tred on behalf of George A.MCELVEEN, JR., Ray A. TODD, JR., Binnie STEVISON, Dougla . LVEEN, Catherine Sue MOSS, dated May 16, 2007. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and th e COLONIAL AMERJCAN CASUALTY AND SURETY COMPANY, this 9th day of June, A .D . 2008. ATTEST: State of Maryland } ss· Baltimore County · FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY By : Gerald F. Haley Assistant Secretary William J Mills Vic e President On this 9th day of June, A .O . 2008 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J . MILLS , Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn , severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations . IN TESTIMONY WHEREOF , I have hereunto set my hand and affixed my Official Seal the day and year first above written. Dennis R . Hayden Notary Public My Commission Expires : February 15, 2013 POA-F 056-4449 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOS IT COMPAN Y OF MARYLAND "Article VI, Section 2 . The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents , Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require , or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking , recognizances , stipulations , policies , contracts, agreements , deeds , and releases and assignments of judgements, decrees, mortgages and instruments in the nature ofmortgages, ... and to affix the seal of the Company thereto ." EXTRACT FROM BY-LAWS OF COLONIAL AMER ICAN CASUAL TY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents , Assistant Vice-Presidents and Attorneys -in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations , policies , contracts , agreements , deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature ofmortgages, ... and to affix the sea l of the Company thereto ." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND , and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY , do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate ; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2 , of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting du ly called and held on the 10th day of May , 1990 and of the Board of Directors of the rOLONIAL AMERICAN CASUAL TY AND SURETY COMPANY at a meeting du ly called and held on the 5th day of May , 1994 . RESOLVED : "That the facsim ile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary , or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as thou gh manually affixed." IN TESTIMONY WHEREOF , I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this ______ day of ___________ _, ____ _ Assistant Secre tary CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 ofVeron's Annotated Civil Statues, Contractor Certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Port Worth Project Number ------------------ STATE OF 1'ffiEAS § COUNTY OF TART<ANT § A fE l!,K, fa /II s rt.uehn );, c . CONTRAC OR /-0--J/ • Date BEFORE M ,. the µndersigned authority. on this day personally appeared ___ _ E h . known to me to be the person whose name is subscribed t the regoing instnrTent, 11 and Aic_!mowledged to me that he executed the same as the act and deed of~ ~. ~c... for the purpose and consideration therein expressed and in the capacity therein stated. . GIVEN UNDER MY HAND AND SEAL OF OFFICE this -11._ of ~ , 1-9.2..6/1 ~ .. : -. : ,,... -- Pagel Of I ~ " - PART "G" CONTRACT J CITY OF FORT WORTH, TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT This Contract made and entered into this the 9th day of November, 2010 by and between the City of Fort Worth , a home-rul e municipal corporation situated in Tarrant, Denton , Parker, and Wise Counties, Texas, by and through its duly authorized Assistant City Manager, ("Owner"), and Apeck Construction, Inc. ("Contractor"). Owner and Contractor may be referred to herein individually as a "Party" or Collectively as the "Parties". WITNESS ETH: That said Parties have agreed as follows: 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to Commence and complete the construction of certain improvements described as follows: FOR: LAKE WORTH MAINTENANCE "HAZARD STUMP REMOVAL" PROJECT NUMBER: WTR-2010-560040 2. That the work herein contemplated shall consist of the Contractor furnishing as an independent contractor all labor, tools, appliances and materials, necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by or on behalf of the City of Fort Worth for the Water Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this Contract the same as if written herein . 3. The Contractor hereby agrees and binds itself to commence the construction of said work Within ten (10) days after being notified in writing to do so by the Water Department of The City of Fort Worth . 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish same ready for the inspection and approval of the Water Department of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 120 Calendar Days. G-1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX If the Contractor should fai l to complete the work as set fotth in the Plans and Specifications and Contract Documents within the time so stipu lated, p lus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, th e sum of$ 210 dollars per ca len dar day, not as a penalty but as liqui date d damages , th e Contractor and its Surety shall be liable to the Owner for such deficiency. 5. Sho uld the Contractor fail to begin the work here in provid e d for within the time herein fi xed or to carry on and complete the same according to th e true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then th e Owner shall have the right to e ither demand the Surety to take over the work and compl ete same in accordance with the Contract Docume nts or take charge of and complete the work in such manner as it may deem proper, and if in the completion th ereof, the cost to the Owner shall exceed the contract price or prices set forth in the Plans and Specifications made a part hereof, the Contractor and/or its Surety shall pay Owner on demand in writing, setting forth and specifying and itemized statement of the total cost thereof, said excess cost. 6. Contractor Covenants and agrees to indemnify the Owner, Owner 's Engineer and Architect, and their personnel at the project site for Contractor's sole negligence. In addition Contractor covenants and agrees to indemnify, hold harmless and defend , at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for the property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents , employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's Officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contract or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate , refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damage s is outstanding as a result of work performed under a City of Fort Worth contract. G-2 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 7. The Contractor agrees, upon the execution of this Contract, and before beginning work, to make, execute and deliver to the City of Fort Worth the following bonds in the name of the City of Fort Worth in a sum equal to the amount of the Contract. The form of the bond shall be as herein provided and the surety must first be acceptab le to the City of Fort Worth . All bonds furnished hereunder sha ll meet the requirements of Chapter 2253 of the Texas Government Code, as amended. A. If the contract amo unt is in excess of$25,000 dollars, a Payment Bond shall be executed, in th e amount of the Contract, solely for the protection of all cl aimants supplying labor and mat erial in the prosecution of the work. B. If the Contract is in excess of $100,000 dollars, a Performance Bond shall be executed, in the amount of the Contract conditioned on the faithful performance of the work in accordance with the Plans , Specifications, and Contract Documents . Said bond shall solely be for the protection of the Owner. C. A One-year Maintenance Bond in the name of the Owner is required for this specific contract due to the general scope of work being for the removal of stumps and logs from Lake Worth with no major capitalized improvements. 8. The Owner agrees and binds itself to pay, and the Contractor agrees to receive , for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by Contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total Contract amount including Units I, II, Ill, IV shall be: Two Hundred Eighty One Thousand Six Hundred Twenty Five dollars, $281,625.00 9. It is further agreed that the performance of this Contract, wither in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Owner. Any request for any sublease or assignment shall be made in writing and submitted to the Director of the Water Department. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this Contract is made and entered into by th e Parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with a ll the provision s of the same. G-3 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its du ly authorized officers in Three (3) counterparts w ith its corporate seal attached. Done in Fort Worth, Texas, t his the 9th day of N ovember, A.D., 2010 A PPROVAL RECOMMENDE D : DIRECTOR, W ATE R DEPA RTMENT A{)ef!..K Co r..Jsr &ue.-11 01u /;vc. CONTRACTOR 1 CITY OF FORT WORTH BY: _22..L......IL1~~~!'!!!#-!!t·~Q~~~ ASS ISTANT CITY MANAGER ATTEST: ITY SECRETARY (SEAL) 2ontr ac t Authorizatioa h: \J '1 \ l!L G-4 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX PART "H" AREA LOCATIONS ( UNITS l,II,III ) & PROJECT SIGN DETAIL .. .: .. f�,�r:� 5cale = 0.48 miles per inch. =rn,,,��,��,_�K,� � {�.u�,;,,.,�,�,� , ��n�'ec�erate Par4c= F.��i v�� y L�ike�it�� . �,t '�arTx� �� , �. ,� � � � r - - -� - • x�� .a��c��o�rt�« _�=��"�`�,� ��isl�+ii� � � -�� :�----��sincw � � f `}� ��1�� --_ ��,��S�e�cl� ��k �-. ��s e � *4��r k,� I �'i'ark,.f_ ..�-�. �. �,+ �'��k�i s� � . 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UNIT III _ KNOWN HAZARDS TO BE REMOVED AS DESIGNATED 34S 32.816667 I -97.449617 76S 32 .808833 I -97.463200 77S 32.808950 I -97.462967 80B 32.808967 I -97.460250 82B 32.810917 /-97.460267 85S 32.810167 / -97.461017 86S . 32.808233 / -97.462583 87S 32.808300 I -97.462667 88S 32.808683 I -97.462583 lOlS 32.808317 /-97.458633 102S 32.808633 I -97.463000 l 16S 32.809617 I -97.452867 126S 32.813683 / -97.455467 145B 32.815050/-97.469517 166S 32 .810300 / -97.475550 173S 32.812717 / -97.487283 180S 32 .812300 I -97.486417 183S 32.812250 I ~97.486183 187S 32.812767 I -97.487050 188S 32.811050 I -97.487683 197S 32.802400 I -97.480483 204S 32.802883 / -97.484200 205B 32.803600 I -97.484000 209S 32.803717 / -97.484500 21 lS 32.805000 / -97.484250 212S 32.804017 /-97.483100 217S 32.804417 /-97.484617 218T 32.803983 / -97.484567 221 S 32.804400 / -97.484667 227S 32.803667 I -97.485217 228S 32.802467 / -97.484883 301S 32.798317 /-97.468717 312S . 32.793933 / -97.463300 335S 32.791917 I -97.432700 343S 32.792017 I -97.432633 348S 32.793167 I -97.427967 351S 32.793783 I -97.425900 2.''" 2.,s .. I <" 1.5" JS' (Blue-~ I I 0 ·, I ;· 1------3•.1.s"·-----.--.1.·------ Yoitr ITTater Ful1-ds Irz Actiorz White ---Background 4'. o· ·---+-- 3" Radius Dark Blue PROJECT SIGN Figure 30A Scale I " = I'