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Home My WebLink AboutContract 41823CITY SECRETA~ 1 ?) CONTRACT NO. rt\~ SPECIFICATION AND FORM S OF CONTRACT AND BONDS FOR Cleaning of Digesters No 9, 10, 11, 12, and 14 At Village Creek Wastewater Treatment Plant Project No. WTR-2011-300002 JANUARY, 2011 FORT WORTH . WATER Prepared By CITY OF FORT WORTH, WATER DEPARTMENT Project No. WTR-2011-300002 · Water Department 1000 Throckmorton Street Fort Worth TX 76102 OFFICIAL RECORD CITY SECRETARY ".WORTH, TX M&L Kev1ew Page 1 ot l. Offic,al site of the City of Fort Worth, Texas CITY COUNCIL AGENDA DATE: CODE: COUNCIL ACTION: Approved on 5/3/2011 5/3/2011 REFERENCE NO.: **C-24891 LOG NAME: C TYPE: CONSENT PUBLIC HEARING: 60CLEANING OF DIGESTERS AT VC NO SUBJECT: Authorize Execution of a Contract in the Amount of $621 ,000 .00 w ith Synagro of Texas- CDR , Inc., for the Cleaning of Digesters No . 9 , 10 , 11 , 12 and 14 at Village Creek Wastewater Treatment Plant (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract in the amount of $621 ,000 .00 with Synagro of Texas-CDR, Inc ., for the C leaning of Digesters No . 9 , 10 , 11 , 12 and 14 at Village Creek Wastewater Treatment Plant. DISCUSSION: The Village Creek Wastewater Treatment Plant (VCWWTP) D igesters 9 and 1 O have been in operation since 1980 and were cleaned i n 1998 , Digesters 11 , 12 and 14 have been i n service since 1986 and never been cleaned. The digesters need to be taken out of service and cleaned to improve operations and restore capacity. In addition , this will allow inspection to determine if any structural rehabilitat ion or modifications are required for installation for the new digester m ixers as a part of the JCI contract. This project was advertised for bid in the Fort Worth Star-Telegram on January 28 , 2011 and February 04 , 2011 . On March 3 , 2011 , the following bids were received . Bidder Synagro of Texas-CDR, Inc. Terra Renewal , LLC Merrell Bros, Inc. ACE Pipe Clean i ng , Inc. Cactus Environmental Sems , Inc. Bid Contract Time $ 621 ,000 .00 200 Calendar Days $ 933 ,921 .18 $ 934 ,350 .00 $1 ,067 ,100 .00 $1,072,104.00 $1,680,000.00 In addition to the contract cost, $37 ,260 .00 is provided for project contingencies , $10 ,000 .00 is required for staff support and inspection by the Water Department. Funds were not specifically budgeted for this project in the Fiscal Year 2011 Adopted Budget; however, the department has identified current year savings to offset the full cost. A waiver of the goal for M/WBE subcontracting requirements was requested by the Water Department by the M/WBE office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible . This project is located in COUNCIL DISTRICT 5. file://H:\PROJECT FILE\VCWWTP\Digester 9 ,10 ,11 ,12 ,14\APPROVED M&C.htm 5/4/2011 M&C Re view Page 2 of2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated , of the Water and Sewer Fund. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS Dig est e rs No .i gg_ FROM Fund/Account/Centers PE45 539120 0705006 $621 ,000 .00 Fernando Costa (6122) S . Frank Crumb (8207) Seiavash Mir (8404) file://H:\PROJECT FILE\VCWWTP\Digester 9 ,10 ,11 ,12 ,14\APPROVED M&C.htm 5/4 /2011 SPECIFICATION AND FORM S OF CONTRACT AND BONDS FOR Cleaning of Digesters No 9, 10, 11, 12, and 14 at Village Creek Wastewater Treatment Plant Project No. WTR-2011-300002 JANUARY, 2011 FORT WORTH WATER Prepared By CITY OF FORT WORTH, WATER DEPARTMENT Project No. WTR-2011-300002 Water Department 1000 Throckmorton Street Fort Worth TX 76102 Cleaning of Digesters No 9,10,11,12,and ,14 VCWWTP Notice to Bidders Special Instruction to Bidders. Proposal Minority & Business Enterprise Specification General Condition Supplementary Condition Special Condition Technical Specification Insurance & Bonds Contract Table of Content A A B B C cs D E F G NOTICE TO BIDDERS Sealed proposals for the Cleaning of Digester No . 9 , 10 , 11 , 12 , and 14 at The Village Creek WWTP, will be received at the office of the Purchasing Manager until 1:30 P.M ., Thursday, February 17, 2011, and then publicly-opened and read aloud at 2:00 P.M. Plans and specifications may be obtained at Water Department, 1000 Throckmorton Street, 2nd FL City Hall, Fort Worth, Texas, 76102, phone 817-392-8240, at No cost to the contractor. General Contract Documents and General Specifications for Water Department projects, dated January 1, 1978 , with the latest revisions , also compromise a part of the Contract Documents for this project and may be obtained by paying a non-refundable fee of $50.00 for each set, at the office of Water Department, 2nd FL , 1000 Throckmorton Street, Fort Worth, Texas. All bidders submitting bids are required to be pre-qualified in accordance with the requirements of the special instructions to bidders. A pre-bid conference will be held at 10:00 AM on February 14, 2011 at Village Creek Wastewater Treatment Plant Conference Room , 4500 Wilma Lane, Arlington Texas 76012. The Engineer will transmit to all prospective bidders of record such Addenda as he considers necessary in response to questions arising at the pre-bid conference. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Water Department at 817-392-8404. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be withdrawn until the expiration of ninety (90) days from the date the bids are received. For additional information regarding the project, contact Mr. Seiavash, Mir, at 817-392-8404. Advertising Dates: January 28, 2011 February 04, 2011 SPECIAL INSTRUCTIONS TO BIDDERS 1. PREOUALIFICATION 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 Department may deem necessary, to the Director of the Water Department or his designated representative, at least seven (7) calendar days prior to the date of the opening of bids. a) COVER LETTER. The cover letter provided by the prospective bidder with the pre-qualification information must include the following information: • Contact person (for additional information) if other than individual who signed the cover letter • If the bidder intends to submit a bid within thirty (30) days from the date that the pre-qualification request is submitted to the City, a statement as to the project to be bid and the date that the bids are scheduled to be opened. b) FINANCIAL STATEMENT. The financial statement required shall have 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) EXPERJENCE 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 . . • t '"' .. The Water Department will review each pre-qualification submittal. From the financial statement, the maximum bid limit will be based on amount of liquid assets times 10 . The expiration date for pre-qualification will be established as 15 months after the date of the financial statement. The experience record will be reviewed and verified at the same time. The following condition§. will apply: a) The Director of the Water Department shall be the sole judge as to the acceptability for financial and experience qualification to bid on any Fort Worth Water Department project. b) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. c) The City, in its sole discretion, may reject 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 bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a wavier of any necessary pre-qualification. For additional information contact John Kasavich, Fort Worth Water Department 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 SECURJTY. A cashier's check, or an acceptable 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 se ven 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. The form is also available at htt p://www .eth ics .state.tx.us/fo rms/CIQ.p df. 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 RATES. 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 nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be paid within forty-five (45) days after the completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Governrnent, 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 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 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 iri 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 GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT A-6 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 TO: Tom Higgins Interim City Manager Fort worth, Texas PART B -PROPOSAL PROPOSAL FOR furnishing of all materials and e q_uipment and labor and all necessary appurtenances and incidental work to remove all accumulated material from 5 digesters designated as: City of Fort Worth Water Department Cleaning of Digesters Number 9, 10, 11, 12 and 14 at VCWWTP Project Number WTR-2011-300002 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 t o 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 do the work within the time stated and for the following sums: ITEM NO. l. APPROX QUANTITY SEA Addendum#2 DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN IN WORDS Mobilization and demobilization for material removal at each digesters for total amount: of Forty-one thousand DoUars and~_z_e_ro~~~~-Cents UNITPRICE TOTAL AMOUNT BID $ 8,200.00 EA $ 41,000.00 ITEM APPROX_ DESCRIPTION OF ITEMS WITH BID PRJCE WRITTEN IN WORDS NO OUANillY 2 10,000 Wet Ton Removal of all material from digesters dewatering ofMaterial using belt press transporting dewatered material to municipal landfill and disposal of dewatered material at the municipal landfill cost for a total amount: Five hundred eighty UNITPRJCE TOTAL AMOUNT BID of thousand Dollars $ 58 .00 WetTon $ 580 ,000.00 and __ z_e_r_o ____ Cents TOTAL BID: Six hundred twenty-one · of thousand Dollars $ 621,000 .00 and zero Cents 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 ethically and additional work caused thereby. If the total bid is less than $25,000, the bid bond is waived. The undersigned bidder certifies th.at he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978 and all 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 its employees and applicants for employment and those of any labor organization, subcontractors, and employment agency in either fu."llishing of referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No 7278 as amended by City Ordinance No 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to Complete the contract within 200 calendar days after beginning construction as set forth in the written. work order to be furnished by the Owner. Addendum#l State of Residency: (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Texas ---------- Non resident bidders in the State of , our principal place of Business, are required to be __ percent lower than resident bidders by !>iate law. A copy of the statute is attached. Non resident bidders in the State of ________ , our principal place ofb~iness, are not required 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 follovving 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: AddendumNo. 1 (Initials)~ Addendum No. 2 (Initials) '?J_.w--- Addendum No. 3 ~ Seal If Bidder is Corporation Date: 0 3 /01/2011 Addendum #2 1Zx0: 77£lx:- Signa.Mre of Principal u Roger Mendelovitz Assistant Secretary Title or Position Synagro of Texas-CDR, Inc. Contractor 1002 Village Sq., Suite C Street Tomball, TX 77375 City, State Zip (281) 516-1427 Telephone Number Corporations Section P .O.Box 13697 Austin, Texas 78711 -3697 Office of the Secretary of State Certificate of Fact Phil Wilson Secretary of State The undersigned , as Secretary of State of Texas , does hereby certify that the document , Articles Of Incorporation for SYNAGRO OF TEXAS-CDR, INC . (file number 124816500), a Domestic For-Profit Corporation, was filed in this office on October 28 , 1992 . It is further certified that the entity status in Texas is in existence . Phone : (512) 463-5555 Prepared by: SOS-WEB In testimony whereof, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on August 30 , 2007. Phil Wilson Secretary of State Come visit us on the internet at http://www .sos.state.tx.us/ Fax: (512) 463 -5709 Dial : 7-1-1 for Relay Services TID : 10264 Document: 184231200008 City of Fort Worth Departmental Request for Waiver Of MBE/WBE Subcontracting/Supplier Goal WATER $ 400 ,000 -------- DEPARTMENT NAME: ESTIMATED COST Clean.1:ng ofDigesters No . 9, 10 , 11, 12 , and 14 t1± v'C,~VJ f{) 2/14/2011 / PROPOSAL DATE WTR-2011-30002 :Z:;:k: _8_40_4 __ _ DOE/PROJECT NO . 1/1 l/11 SIGNATURE OF /PROJECT MANAGER EXTENSION DATE NIGP CODE If the contracting/managing depar'"LIDent and the Manager are in conflict over the granting of a waiver, either may appeal to the City Manager, or designee, and bis/her decision is final. Please Check Applicable Reason: __ A. A public or administrative emergency exists which requires the goods or services to be provided with unusual immediacy; or __ B . Purchase of goods or services from source(s) where subcontracting or supplier opportunities are negligible; or __ c. The application of the provisions of this ordinance will impose an economic risk on the City or unduly delay acquisition of the goods or services; or _{_n . Other (explain) · Justify Commodity or Service Waiver Request: Contractor is require to clean and removal of all the accumulated hazardous martial inside the digesters and transport it to a a proper pl ace for disposal. Due to the sensitivity and proper equipment, pump and Sludge dewatering machine that is requiring a special contractor to perform this job. Contractor also must be a special license contractor to remove the hazardous material in. compliance with City, county, State and Federal overnment ordinance as well. Due to most of these ristriction prime contractor will perform the iob by themseli I M/WBE PFF1CE USE ONLY: \/ . Approved Not Approved Please use additional sheets, if needed \.JY1LeaJ]£, 1'JU)Jlf\l{U} Signature of M/WBE Authorized Personnel 4!$J- Date ~.2123/04 T FORT WORTH ..... w .,, City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY POLICY STATEMENT It is .the policy of the City of Fort_ Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis . All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid . M/WBE PROJECT GOALS The City's M/WBE goal on th is project is --=Q=-__ % of the total bid (Base bid applies to Park; and Community Services}. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25;ooo or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following : 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department within the following times allocated, in order for the entire bid to be considered 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: opening date, exclusive of the bid opening date . 2. Good Faith Effort and Subcontractor received by 5:00 p.m ., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date . stated goal: 3. Good Faith Effort and Subcontractor received .by 5:00 p.m ., five (5) City business days after the bid Utilization Form, 1f no M/WBE participation: opening date, exclusive of the bid opening date . 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid · perform all subcontractinq/supplier work: opening date , exclusive ofthe bid opening date . 5. Joint-Venture Form, if utilize a joint venture · received by 5:00 p.m ., five (5) City business days after the bid to met or exceed goal. opening date , exclusive of the bid opening date. Any questions, please contact the M/WBE Office at (817) 392-6104. Rev. 11/1/05 - PART C -GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS -Cl-I DEFINITIONS Cl -I (1) Cl-I.I D efinition of Terms Cl -I (1) Cl -1.2 Contract Documents Cl -I (2) Cl -1.3 Notice to Bidders Cl -I (2) Cl -1.4 Proposal Cl -I (2) Cl -1.5 Bidder Cl -1 (2) ,_ Cl -1.6 General Conditions Cl -I (2) Cl-1.7 Special Conditions Cl-I (2) Cl-1.8 Specifications Cl -I (2) Cl-1.9 Bonds Cl -I (2) Cl -I.IO Contract Cl -I (3) Cl-1.1 1 Plans Cl -I (3) Cl -1.12 City Cl -I (3) C l-1.13 City Council Cl -I (3) -C l-1.14 Mayor Cl -I (3) C l-1.15 City Manager Cl -I (3) Cl-1.16 City Attorney Cl -I (3) Cl -1.1 7 Director of Public Works Cl -I (3) Cl-1.18 D irector, City Water Department Cl -I (3) Cl -1.19 Engineer Cl -I (3) Cl -1.20 Contractor Cl -I (3) Cl -1.21 Sureties Cl -I (4) Cl -1.22 The Work or Project Cl -I (4) -Cl -1.23 Working Day Cl -I (4) Cl-1.24 Calendar Days Cl -I (4) Cl -1.25 Legal Holidays Cl-I (4) Cl -1.26 Abbreviations Cl -I (4) Cl -1.2 7 Change Order Cl -I (5) .... C l -1.28 Paved Streets and Alleys Cl -I (5) C l-1.29 Unpaved Streets or Alleys Cl -1 (6) Cl -1.30 City Street Cl -I (6) -Cl-1.31 Roadway Cl -1 (6) Cl-1.32 Gravel Street Cl-I (6) -C2 -2 INTERPRETATION AND P REPARATION OF PR OPOSAL C2 -2.1 Proposal Form C2 -2 (1) C2-2.2 Interpretation of Quantities C2 -2 (1) C2-2.3 Examination of Contract Documents and Site of Project C2 -2 (2) -C2-2.4 Su bmitting of Proposal C2-2 (2) -(1) C2-2 .5 C2-2.6 C2-2.7 C2-2 .8 C2 -2 .9 C2-2.10 C2-2.11 C2-2.12 C3-3 C3-3 .l C3-3.2 C3-3 .3 C3-3.4 C3-3.5 C3-3 .6 C3-3.7 C3-3 .8 C3-3.9 C-3-3.10 C3-3 .l 1 C3-3.12 C3-3.13 C3-3 .14 C3-3 .15 C4-4 C4-4.1 C4-4 .2 C4-4.3 C4-4.4 C4-4 .5 C4 -4 .6 C4-4.7 C5-5 C5-5.1 C5-5.2 C5-5.3 C5-5.4 C5-5 .5 C5 -5.6 C5-5.7 Rejection of Proposals Bid Security Delivery 6f Proposal Withdrawing Proposals Telegraphic Modifications of Proposals Public Opening of Proposal Irregular Proposals Disqualification of Bidders AW ARD AND EXECUTION OF DOCUMENTS: Consideration of Proposals Minority Business Enterprise/Women Business Enterprise Compliance Equal Employment Provisions Withdrawal of Proposals Award of Contract Return of Proposal Securities Bonds Execution of Contract Failure to · Execute Contract Beginning Work Insurance Contractor's Obligations Weekly Payrolls Contractor's Contract Administration Venue SCOPE OF WORK Intent of Contract Documents Special Provisions Increased or Decreased Quantities Alteration of Contract Documents Extra Work Schedule of Operation Progress Schedules for Water and Sewer Plant Facilities CONTROL OF WORK AND MATERIALS 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) C5-5 (1) C5-5 (1) C5-5 (2) C5 -5 (2) C5 -5 (3) C5 -5 (3) - - -.. - - -. - C5-5 .8 C5 -5 .9 C5 -5.10 C5 -5.ll C5 -5 .1 2 C5-5.13 C5 -5 .14 C5 -5.15 C5-5.16 C5-5. l 7 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 .1 0 C6 .6 .1 1 C6 -6.12 C6-6.13 C6 -6.14 C6 -6.15 C6 -6.16 C6-6.l 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 Utilities Interruption of Service Mutual R esponsibility of Contractors Clean-Up Final Inspection LEGAL RELATIONS AND PU BLIC RESPONSIBILITY Laws to be Observed Permits and Licenses P atented D evices , Material s, and Processes Sanitary Provisions Public Safety and Convenience Pr ivileges f Contractor in Streets , Alleys, and Right-of-Way Rai!way Crossings Barricades , Warnings and Flagmen Use of Explosives, Drop Weight, Etc . Work Within Easements Independent Contractor Contract or's Responsib il ity for D amage Claims Contractor's Claim for D amages Adjustment or Relocation of Pub lic 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 fo r Water Furnished by the City C6 -6 (9) Use of a Section or P ortion of the Work C6-6 (9) Contractor 's Respons ibility fo r the Work C6-6 (9) N o Waiver of Legal Rights C6 -6 (9) Personal Liability of Public Officials C6 -6 (10) State Sales Tax C6-6 (10) PROSECUTION AND PROGRESS Subl etting C7 -7 (1) Assignment of Contract C7-7 (1) Prosecution of The Work C7 -7 (1) Limitation of Operations C7 -7 (2) Character of W orkmen and Equipment C7 -7 (2) Work Schedule C7 -7 (3) Time of Commencement and Completion C7 -7 (3) Extension of Time Completion C7 -7(3) (3) C7 -7.9 C7-7 .10 C7-7.11 C7-7.12 C7-7 .13 C7-7.14 C7-7 .15 C7-7.16 C7-7.17 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.ll C8-8.12 C8-8.13 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 Unit Prices Lump Sum Scope of Payment Partial Estimates and Retainage Withholding Payment Final Acceptance Final Payment Adequacy of Design General Guaranty Subsidiary Work Miscellaneous Placement of Material Record Documents (4) .:, ~ ' ' > r 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 (11) 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) ', r, ,. ' ., < - - - - - - - - - - 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 deli vered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURJTY : 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 arid 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 hav e 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 propo~al 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 nQt called for , unauthorized alternate bids , or irregularities of any kind. However, the Owner reserves the right to waive any all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which can not be waived. C2-2 .12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to , the following reasons: a) Reasons for believing that collusion exists among bidders. b) Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. c) The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d) The bidder being in arrears on any existing contract or having defaulted on a previous contract. e) The bidder having performed a prior contract in an unsatisfactory manner. f) Lack of competency as revealed by financial statement, experience statement, equipment schedule , and such inquiries as the Owner may see fit to make. g) Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h) The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A " -Special Instructions 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has 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 A WARD AND EXECUTION OF DOCUMENTS: C3-3:l CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal , and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents . The total obtained by taking the sum of the products of the unit prices quoted and the estimated quantities plus any lump sum items aJid 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 Enterpris·e (MBE) and/or a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees , upon request by the Owner, to allow and audit and /or an examination of any books, records , or files in the possession of the Contractor that will substantiate the actual work performed by an MWE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six ( 6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinances prohibiting discrimination in employment practices . The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner, it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3 (1) C 3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time , not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if award is made , will be to the lowest and best responsive bidder . The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids , the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities , usually those of the three lowest bidders , will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids , after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents , the Contractor shall furnish to, and file with the owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or use of inferior materials. This performance bond shall guarantee the payment for all labor, materials , equipment, supplies , and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10 . c. PAYMENT BOND: A good and sufficient payment bond , in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article C3-3 (2) - - - d. 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959, effective April 27 , 1959 , and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made . OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the Owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner , notice will be given the Contractor to that effect ai;id the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner, the Contract and such bonds as may be required in the Contract Documents. No Contract shall be binding upon the Owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney , and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to . execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the owner as an abandonment of his proposal, and the owner may annual the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days , the proposal security accompanying the proposal shall be the agreed amount of damages which the Owner will C3-3 (3) suffer by reason of such failure on the p8:f1: 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.l 1 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required under the Contract Documents , and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub-contractor's certificate of insurance for approval. The prime Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. . COMPENSATION INSURANCE: The Contractor shall maintain , during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Worker's Compensation Statute , the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. b. C. 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) - - 2 . Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation .(if ex cavation are performed adjacent to same). 4. Damage to underground utilities for $500 ,000. 5. Builder's risk (where above-ground structures are involved). 6. Contractual Liability ( covers all indemnification requirements of Contract). d. AUTOMOBILE INSURANCE -BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain during the life of this Contract, Comprehensive Automobile Liability Insurance in an amount not less than $250 ,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100 ,000. e. f. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors , respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub-contractors , should the Prime Contractor's insurance not cover the sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and C3-3 (5) performance, payment , maintenance and all such other bonds are written, shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth. Tarrant County, Texas. Each such agent shall be a duly qualified , one upon whom authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth , or any other claimant, and claims that the City of Fort Worth or other claimant or any property owner who has been damaged , may have against the Contractor , insurance, and /or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth- Dallas area. The name of the agent, or agents shall be set forth on all such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due . C3-3 .13 WEEKLY PAYROLLS: A certified copy of each payroll covering payment of wages to all persons engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company , firm , association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office ( or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or other wise and as such shall be empowered , thus delegated and directed, to settle all material , 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, Te x as. C3-3 (7) - - ·- - , .. - - - SECTION C4-4 SCOPE OF WORK PART C -GENERAL CONDITIONS C4-4 SCOPE OF WORK C4-4.l INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to pro vide 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. Unit bid price previously approved. b. An agreed lump sum. c. The actual reasonable cost of (1) labor , (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates , (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10 percent of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owner by him and used for extra work. The fee shall be full and complete compensation to cover the cost of superintendence , overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method suggested by the Owner and shall give the Owner access to all accounts , bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting Parties . No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. C4-4 (2) - - •I - - - .... - .. 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. Shop fabrication and delivery. 4. Erection or installation. 5 . Transmittal of manufacturer's operation and maintenance instructions. 6. Installed equipment and materials testing. 7. 8. Owner's operator instruction (if applicable). Final inspection. 9. Operational testing. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force , the construction plant and equipment, the number of work shifts or overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with diligence as will insure its completion within the time specified. 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 fulfillment of the intent of the Contract Documents. In the event the Contractor disco v ers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in drawings, specifications , or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of Contract Documents and shall have available on the site of the project at all times , one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner , the Engineer, or his authorized representativ es. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor 's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas , and shall be subject to call , as is the project superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of the property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative , shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar-day or a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the C5-5 (2) .- - - - - - discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not shoe just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 x 14 feet in floor area, substantially constructed, well heated, air conditioned, lighted, and weather proof, so that documents will not be damaged by the elements. 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 . C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work , the City Inspector will have the authority to reject materials or equipment, and/or to suspend work until the question at issue can be referred to and decided by the Engineer . The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to issue any instructions contrary tot he requirement s of the 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 Contro versy. C5 -5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests , the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed . After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable , the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should Work so exposed or examined prove to be unacceptable , the uncovering or removing and replacing of all adjacent defective or damaged parts shall be at the Contractor 's expense. No work shall be done or materials used without suitable supervision or inspection. C5-5. l O REMOVAL OF EDEFCTIVE AND UNAUTHORIZED WORK:All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at this expense . Work done beyond the lines and grades given or as shown on the plans, except as herein specially provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense . Upon the fc:t.ilure 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. l 1 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. CS-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. CS-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. CS-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 ~xact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision of which is not made in these Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor's responsibility to verify locations of the adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures, and service lines. Verification of existing utilities, structures, and service lines shall include notification of all utility companies at least forty-eight ( 48) hours in advance of construction including exploratory excavation if necessary. All verification of utilities and their adjustment shall be considered subsidiary work. C5-5 .15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosecution of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. 2. Notify each customer personally through responsible personnel as to the time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's door knob. The tag shall be durable in composition, and in large bold letters shall say: C5-5 (6) - - - - - - "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 ex isted. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean-up required on the project. C5-5 (7) C5-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final clean-up performed, the Engineer will notify the proper officials of the Owner and request that a Final Inspection be made . Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work . '' r > .. > I .. C5-5 (8) / - - -- -- ' ' '. -, ,. - -r PART C -GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6 .l LAWS TO BE OBSERVED:The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations , and shall observe and comply with all orders , laws , ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea or misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers , agents , and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance , regulation, or order , whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses , pay all charges , costs and fees , and give all notices necessary and incident to the due and lawful prosecution of the work. 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 ob struction 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 conv enience of the public , including, but not limited to , safe and convenient in gress 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 ac cess 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) .- - - - . , ,- r - 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 pro x imity 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 and prevent accident or damage . All installations and procedures shall be consistent with provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statues, pertinent section being Section Nos. 27, 29, 30 and 31. The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works Department, Signs and Markings Division (phone number 871-8075), to remove the sign. In case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referred manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re- installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible foe all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the Work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in advance of the use of any C6-6(4) '"I ' ,. J - ' 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 proj ect. 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 de t ails 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. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to , and does hereby indemnify , hold harmless and defend Owner, its officers , agents, servants , and employees from and against any and all claims or suits for property damage or loss and/or personal injury , including death, to any and all persons, of whatsoever kind or character, whether real or asserted , arising out of or in connection with , directly or indirectly, the work and services to be performed hereunder by the Contractor, its officers, agents, employees , contractors, subcontractors , licensees or invitees , whether or not caused, in whole or in apart, by alleged negligence on the part of officers , agents , employees , contractors , subcontractors , licensees or invitees of the C6-6(6) ., ,, -- I' ' .... ..... 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 1s 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 the performance of this Contract. C6-6 .15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall , at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense , adequate pumping facilities and temporary outlets or divisions. The Contractor , at his own cost and expense , shall construct such troughs , pipes , or other structures necessary, and be prepared at all times to dispose of drainage and sewage received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service 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) '. I - .,P ( 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 deli very shall be installed by the Contractor at his own expense. The Contractor 's responsibility in the use of all existing fire hydrant and/or val ves 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 r,erformed by the Contractor at his expense. C6-6 . l 8 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 pro vision 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 carrymg 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) ' ';JI • PART C-GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.l SUBLETTING : The Contractor shall perform with his own organization, and with the assistance of workmen under his immediate superintendence , work of a value of not less than fifty (50%) percent of the value embraced on the contract. If the Contractor sublets any part of the work to be done under these Contract Documents, he will not under any circumstances be relieved of the responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject 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 ofthis 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 ~nconvenience 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 : Elapsed 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 , pro v iding that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later that the preceding Thursday. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer 's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in Cl-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 incr~ased by Change Order. C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by the Engineer found correct, shall be approved and referred by the Engineer to the City Council for final approval or disapproval; and the action thereon by the City Council shall be final and binding. If delay is caused by specific orders given by the Engineer to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for shall, however, be subj ect 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 inclusive $ 105 .00 $ 50 ,001 to $ 100 ,000 inclusive $ 154.00 $ 100,001 to $ 500,000 inclusive $ 210.00 $ 500 ,001 to $ 1,000,000 inclusive $ 315.00 $ 1,000 ,001 to $2,000 ,000 inclusive $ 420 .00 $2,000 ,000 and over $ 630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor 's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult to calculate due to lack of accurate information, and that the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the vent the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7 .12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unsuitable conditions which in the opinion of the .Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of the work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work , and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THETIME OF COMPLETION , and should it be 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 ~onditioned 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 sect ion 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 walking operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A Copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is canceled, the Contractor shall discontinue the work or such part thereof as the owner shall designate, whereupon the Sureties may, at their option, assume the contract or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with written consent of the owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents . The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses , subject to all of the terms of the Contract Documents. C7-7(7) In case the Sureties do not , within the hereinabove specified time , exercise their right and option to assume the contract responsibilities , or that portion thereof which the Owner has ordered the Contractor to discontinue , then the Owner shall have the power to complete , by contract or otherwise, as it may determine, the work herein described or such work thereof as it may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of and use any materials , plants , tools , equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools , equipment, materials , labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials , tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contract, then the Contractor and his Sureties shall pay the amount of such excess to the City on notice from the Owner of the excess due. When any particular part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with the performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT:The Contract will be considered as having been fulfilled , save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. A. NOTICE OF TERMINATION : Any Termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any C7-7(8) claim, demand or suit shall be required of the Owner regarding such discretionary action B. CONTRACTOR ACTION: After receipt of a notice of termination , and except as otherwise directed by the Engineer , the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials , services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated ; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by notice of termination; 4. transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any , directed by the Engineer : a. the fabricated or unfabricated parts , work in progress, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of the termination; and b. The completed, or partially completed plans, drawings , information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. 5. complete performance of such work as shall not have been terminated by the notice of termination; and 6. Take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list , certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of C7-7(9) which has been directed or authorized by Engineer , Not later than 15 days thereafter , the owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. C. TERMINATION CLAIM: Within 60 days after the notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60-day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. D. AMOUNTS: Subject to the pro v1s10ns of Item C7-7.l(C), the Contractor and the Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of the work pursuant hereto ; provided, that such agreed amount or amounts shall never exceed the total contract price reduced by the amount of payments otherwise made and as further reduced by the contract price work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits> Nothing in C7-7.l 6(E) hereafter, prescribing the amount to be paid to the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit , restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. FAIL URE TO AGREE : In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16(D) upon the whole amount to be paid to the Contractor by reason of the termination of the work pursuant to this section, the Owner shall determine, on the basis of information available to it, the amount, if any , due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS : In arriving at the amount due the Contractor under this section there shall be deducted ; 1. all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; C7-7(10) - 2. any claim which the Owner may have against the Contractor in connection with this contract; and 3. the agreed price for, or the proceeds of the sale of, any materials , supplies or other things kept by the Contractor or sold , pursuant to the provisions of this clause , and not otherwise recovered by or credited to the Owner. G. ADJUSTMENT: If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract , the Contractor may file with the Engineer a request in writing for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices ; noting contained herein, howe ver , 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 -GE NERAL CONDITIONS C8 -8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF QUANTITIES : The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and item installed. C8-8 .2 UNIT PRICES: When in the Proposal a "Unit Price " is set forth , the said "Unit Price " shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price " shall include all permanent and temporary protection of overhead , surface, and underground structures , cleanup , finishing costs , overhead expense , bond , insurance, patent fees , royalties, risk due to the elements and other clauses, delays, profits, injuries , damages claims, taxes , and all other items not specifically mentioned that may be required to fully construct each item of the work complete in place and in a satisfactory condition for operation. C8-8.3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth , the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor , tools , materials , machinery, equipment, appurtenances, and all subsidiary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials , and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner , ( except as provided in paragraph C5-5 .14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents , trademarks , copyrights , or other legal reservations , C8-8(1) and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work , materials , or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances , or any damage due or attributed to such defects, which defects , imperfections , or damage shall have been discovered on or before the final inspection and acceptance of the work or during the one year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects , imperfections , or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein . C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the 1st and the 5th day of each month, the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 10th day of the month, the Engineer shall verify such estimate, and if it is found to be acceptable and the value of the work performed since the last partial payment was made exceeds one hundred dollars ($100 .00) inn amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000 .00, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is $400 ,000 .00 or greater, within twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimates may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the time of the estimate have not been installed (such payment will be allowed on a basis of 85% of the net invoice value thereof). The Contractor shall furnish the Engineer such information as he may request to aid him as a guide in the verification or the preparation of partial estimates . It is understood that partial estimates from month to month will be approximate only, all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quantity of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the Contractor fails to perform the work strictly in accordance with the specifications or provisions of this Contract. C8-8(2) C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall hav e 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 appro v ed 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 appro ved 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 .l 1 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. I , '. C8-8(5) SUPPLEMENTARY C OND ITIONS F ORT W ORTH, WATER DEPARTMENT WATER AND WASTEWATER TREATMENT PLANT PROJECTS October 1, 2008 1. CONTRACT DOCUMENTS : In Section Cl-1.2 CONTRACT DOCUMENTS , delete Paragraph Cl -1.2b SPECIAL CONTRACT DOCUMENTS and add the following: "b . SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are 2. prepared for each specific project as a supplement to the General Contract Documents and include the following items : PART A -NOTICE TO BIDDERS (Advertisement) White SPECIAL INSTRUCTION TO BIDDERS White PART B -PROPOSAL (Bid) White M/WBE BID SPECIFICATIONS Golden Rod PART C -GENERAL CONDITIONS Canary Ye ll ow PART CS-SUPPLEMENTARY CONDITIONS Green PART D -SPECIAL CONDITIONS Green PART E-TECHNICAL SPECIFICATIONS White PERMITS/EASEMENTS (Some Permits are Multicolored) White PART F -BONDS AND INSURANCE White PART G -CONTRACT White PART H -PLANS/FIGURES (may be bound separately) White" DIRECTOR OF TRANSPORATION AND PUBLIC WORKS : D elete entire Paragraph C 1-1.17 , and replace with the following: Cl -1.17 DIRECTOR OF TRANSPORATION AND PUBLIC WORKS : The officially appointe d Director of the Transportation and Public Works Department of the City of Fort Worth, or his d uly authorized representative , assistant, or agents. 3. ENGINEER: D elete 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 . PRO P OSAL 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 \ -- 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: 7. 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. 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 W AIYER 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 corrunission 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 AW ARD 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 C3-3.11 INSURANCE, and replace with the following :: C3-3.1 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 here in shall include the coverage of all sul:rcontractors. The General Contractor may require all subcontractors to be insured and submit documentation ensuring that the requirements of C3-3.11 are met for all subcontractors. Failure of the Owner to request required documentation, shall not constitute a waiver of the insurance requirements specified herein. The Contractor's liability shall not be limited to the specified amounts of insurance required herein. a. 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. Worker 's compensation insurance covering employees in the project site shall be indorsed with a waiv er of subrogation providing rights of recovery in favor of the OWNER. 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. 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 excav ation fil 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 policx. 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 coITipleted 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 - - ... - - f . 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. 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 insur~nce requirements made upon the Contractor shall apply to the sub-contractors, should the Prime Contractor's insurance not cover the sub-contractor's work operations. g. DEDUCTIBLE LIMITS. The deductible limits or self-funded retention limits , on each policy must not exceed $10 ,000 per occurrence unless otherwise approved by the City. h. l. J. 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 minimumlO 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 RATES 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 , RIGHT 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 CHARGES (Reference C4-4.5c): The Contractor agrees that should any change in the work of extra work be ordered, the following applicable percentage shall be added to Material and Labor Costs to cover overhead and profit: 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.l, 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 payment shall not be made until the Contractor either (a) submits to the Owner satisfactory evidence that the claim has been settled and /or a release from the claimant involved, or (b) provides the -Owner with a letter from the Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract." 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 - - - - - - - - - PERIOD HA VE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION .. The Tex as 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 I 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 in 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 role 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 und~r 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 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 WTR-2011-300002, Sewer Project Number , and/or Other D-4 PROJECT SIGNS: Not required 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 DEW ATERING: NOT USED D-9 CROSSING OF EXISTING UTILITIES: D-10 EXISTING UTILTIES: D-11 EXPLORATORY EXCAVATIONS: D-12 TEST HOLES: D-13 SUBSTITUTIONS: D-39 BID ALTERNATIVES: NA 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 part of this project construction operation. 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. D-86 WORKER'S COMPENSATION INSURANCE: A. Contractor's Worker's Compensation Insurance. Contractor agrees to provide the Owner (City) a certificate showing that it has obtained a policy of worker's compensation insurance covering each of its employees employed on 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 c.ertificate has been acquired. Contractor 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 prior 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 writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by Texas Worker's Compensation Commission, informing all persons providing services on the projects that they are required to be covered and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) Provide coverage, based on proper reporting on the classification codes and payroll amounts and filling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) Provide to the contractor. Prior to that person beginning work on the project, a Certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) Provide the contractor. Prior to the end of the coverage period a new Certificate 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. 3. Address for Submittals -The submittals shall be addressed to the Chief Design Engineer: David R. Townsend, P.E. Fort Worth Water Department Engineering Division P.O. Box 870 Fort Worth, TX 76101 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 there under. 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 SUPERINTENDENTS: 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 Qonstruction of the project, the resident superintendent shall demonstrate an ability to properly execute the work outlined in the contract documents in a timely manner and shall consistently produce work of an acceptable quality and in accordance with the contract documents. If the Owner shall have a reasonable objection to the performance of the resident superintendent, the Contractor shall replace the resident superintendent upon written notice from the Owner. The resident superintendent is to be replaced with a superintendent acceptable to the Owner. No extension of time will be allowed for delays caused by the replacement of a resident representative. D-106 RESIDENT ENGINEER: The General Conditions, Section 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: NOT USED 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 prov1S1ons of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to comply with the above-referenced law concerning disability discrimination in the performance of this agreement. D-113 INDEMNIFICATION: To clarify Section C6-6.12 of the General Conditions of the Contract, it is the intent of the Owner that the Contractor indemnify, hold harmless and defend the Owner, and the Owner's officers, agents, servants, and employees from and against any and all claims as listed herein, even though causes by the Owner's sole negligence. With respect to the last sentence of the first paragraph of Section C6-6.12, it is the Owner's intent that the language be site specific to the general area where the work to be performed under the Contract is being performed. 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/replacement or change is to be stated in the request 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. HEAVY & ffiGHW A Y CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator Asphalt Distributo r Operator Asphalt Paving Machine Operator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Broom or Sweeper Operator Bulldozer Operator Carpenter , Concrete Finisher, Paving Concrete Finisher, Structures Concrete Paving Curbing Machine Operator Concrete Paving Finishing Machine Operator Concrete Paving Joint Sealer Operator Concrete paving Saw Operator Concrete Paving Spreader Operator Concrete Rubber Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator Electrician Flagger Form Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator Laborer, Common Laborer, Utility Mechanic Milling Machine Operator, F ine Grade Mixer Operator Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Oiler Painter, Structures Pavement Marking Machine Operator Pipe layer Reinforcing Steel Setter, Paving Reinforcing Steel Setter, Structure Roller Operator, Pneumatic, Self-Propelled Roller Operator, Ste el Wheel, Flat Wheel/Tamping Roller Operator, Steel Wheel, Plant Mix Pavement Scraper Operator Servicer Slip Form Machine Operator Spreader Box Operator Tractor Operator, Crawler Type Tractor Operator, Pneumatic Traveling Mixer Operator Truck Driver, Lowboy-Float Truck Driver, Single Axle, Heavy Truck Driver, Single Axle, Light Truck Driver, Tandem Axle, Semi-Trailer Truck Driver, Transit-Mix Wai:>:on Drill , Boring Machine, Post Hole Driller Operator Welder Work Zone Barricade Servicer $10 .06 $13 .99 $12.78 $11.01 $ 8.80 $14.15 I $ 9.88 $13.22 I $12.80 $12 .85 $13.27 $12.00 $13.63 $12.50 $13.56 $14.50 $10.61 $14.12 $18.12 $ 8.43 $11.63 $11.83 $13 .67 $16.30 $12.62 $ 9.18 $10 .65 $16:97 $11.83 $11.58 $15 .20 $14.50 $14.98 $13 .17 $10 .04 $11.04 $14.86 $16.29 $11.07 $10.92 $11.28 $11.42 $12.32 I $12.33 $10.92 $12.60 $12.91 $12.03 $14.93 $11.47 $10.91 $11.75 $12.08 $14.00 $13.57 $10 .09 Classification AC Mechanic AC Mechanic Helper Acous tical Ceiling Mechanic Bricklayer /Stone Mason Bricklayer /Stone Mason He lper Carpenter Carpenter Helper Conc rete Finisher Concrete Form Builder Drywall Mechanic Drywall Helper Drywall Taper Drywa ll Taper Helper Electrician (Journeyman) Electricia n Helper Electronic Technici an Electronic Technician Helpe r Floor Layer (Resilient) Floor Layer Helper Glazier Glazier Helper Insulator Insulator He l per Laborer Common Laborer Skilled Lather Painter Painter Helper Pipefitter Pipefitter Helper Plasterer Plasterer Helper 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY Hrly Rate Classification $21.69 Plumber $12.00 Plumber Helper $15.24 Reinforcing Steel Setter $19.12 Roofer $10.10 Roofer Helper $16.23 Sheet Metal Worker $ 11. 91 Sheet Metal Worker Helper $13.49 Sprinkler System Installer $13 .1 2 Spr inkler System Installer Helper $14.62 Steel Worker Structural $10.91 Concrete Pump Crane, Clamsheel, Backhoe, Derrick, D'Line $13.00 Shovel $9 .00 Forklift $20.20 Front End Loader $14.43 Truck Driver $19.86 Welder $12.00 Welder Helper $20.00 $13.00 $18.00 $13.00 $14.78 $11 .25 $10.27 $13.18 I $16.10 $14 .83 $8 .00 $18 .85 $12 .83 $17.25 $12.25 Hrly Rate $20.4 3 $14. 90 $10 .00 $14.00 $10 .00 $16 .96 $12 . 31 $18.00 $9 .00 $17.43 $20.50 $17.76 $12.63 $10.50 $14 . 91 $16.06 $9 .75 01005 DEFINITIONS AND TERMINOLOGY 1.00 GENERAL 1.01 SPECIFICATION SENTENCE STRUCTURE A. Specifications are written in modified brief style. Requirements indicated and specified apply to all work of same kind , class , and type even though word "all" is not stated. B. Simple imperative mood of sentence structure is used in specific ation sections which places verb as first word in sentence. Where such words as "perform", "provide", "install", "erect", "furnish", "connect", "test", or words of similar import are used, it shall be understood that such words include meanings of phrase "The Contractor shall ... " before such words. C. Standard paragraph titles and other identifications of subject matter in specifications are intended as aid in locating and recognizing various requirements in specifications. Titles do not define , limit, or otherwise restrict specification text. Capitalizing of words in text does not signify or mean that such words convey special or unique meanings having precedence over other parts of Contract Documents. Specification text shall govern over titling and shall be understood to be interpreted as a whole. '1.02 SPECIFICATION TERMINOLOGY A. Terms such as "directed", "designated", "requested", "authorized", appro ved", "selected, or words of similar value shall mean by the Engineer unless otherwise stated. Use of these terms does not extend the Engineer's responsibility for construction supervision or responsibilities defined in the General Conditions. B. "Require" and words of similar value shall mean as required to complete the work , unless otherwise stated. C. "Perform" shall mean Contractor, at his own ex pense, shall perform operations necessary to complete work. D. "Provide" shall mean Contractor, at his own expense , shall furnish and install work complete in place and ready for use. E. "Other acceptable manufacturer", "appro ved equal", or words of similar meaning shall be understood to be follo wed by expression "in sole opinion of the Owner " even though such words may not appear in print, unless otherwise stated. F. "Acceptance", "acceptable", or words of similar meaning shall mean acceptable to the _Engineer or the Owner. Owner shall have jurisdiction and may override decisions of others. G. "At no extra cost to Owner", "With no extra compensation to Contractor ", "At Contractor's own expense", or words of similar meaning shall be understood to mean that the Contractor shall perform or provide specified operation of work at no increase to Contract Sum stated in ex ecuted Contract. H . "Accepted" where used in conjunction with Engineer's action on Contractor's submittals , and requests , is limited to responsibilities and duties of Engineer. Such approval does not release Contractor from responsibility to fulfill Contract Document requirements . I. "Regulation" includes laws, statutes , ordinances , and lawful orders issued by authorities having jurisdiction, as well as , rules , conventions , and agreements within construction industry that control performance of work, whether they are lawfully imposed by authorities having jurisdiction or not. J. "Furnish" is used to mean to supply and deliver to project site , read y for · unloading , unpacking , assembly, installation , and similar operations. K. "Install" is used to describe operations at project site including actual unloading , unpacking , assembly , erection, placing, anchoring, applying, working to dimension, finishing , curing , protecting, cleaning , and similar operations. L. "Installer" is an entity engaged by the Contractor, either as an employee , subcontractor, or sub-subcontractor for performance of particular construction activ ity, including installation, erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform. The term "experienced," when used with the term "installer," means - M . having minimum five (5) previous projects similar in size and scope to this project, and familiar with precautions required , and has complied w ith requirements of authority having jurisdiction. N. "Project site" is the space available to the Contractor for performance of w ork, either exclusively or in conjunction with others performing construction as part of the project. Extent of project site is shown on Contract Drawings, and may or may not be identical with description of land upon which the project is to be built. 0 . "Testing laboratory" is an independent entity is engaged to perform specific inspections or tests, either at the project site or elsewhere , and to report on, to interpret results of those inspections or tests as required. P. Equipment is "listed" if of a kind mentioned in a list which: 1. Is published by a nationally recognized laboratory, which makes periodic inspection of production of such equipment. 2. States' that such equipment meets nationally recognized standards or has been tested and found safe for use in a specified manner. Q . Equipment is "labeled" if: 1. It embodies a valid label , symbol, or other identifying mark of a nationally recognized testing laboratory such as Underwriters Laboratories , Inc . 2. Production is periodically inspected in accordance with nationally recognized standards or tests to determine safe use in a specified manner. R. Equipment is "certified" if: 1. Equipment has been tested and found by a nationally recognized testing laboratory to meet nationally recognized standards or to be safe for use in a specified manner. 2 . Production is periodically inspected by a nationally recognized testing laboratory. 3. It bears a label, tag , or other record of certification. S. "To Structure" means closely fitting and sealed to underside of floor or roof deck. 1.03 DOCUMENT ORGANIZATION A. Organization of Contract Documents are not intended to control or to lessen the responsibility of Contractor in dividing work among his subcontractors, or in establishing extent of work to be performed by any trade. 1.04 REFERENCE STANDARDS A . Applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents regardless of lack of reference within the Contract Documents. Where Contract Documents include more stringent requirements than the reference standards, the Contract Documents shall apply. 1. Standards referenced directly in the Contract Documents take precedence over standards that are not referenced but recognized in the construction industry as applicable. 2. Except as otherwise limited by the Contract Documents, enforce standards not referenced but recognized in industry as applicable for performance of the work. The Engineer shall decide whether code or standard is applicable, or which of several are applicable. B. Consider a reference standard to be the latest edition with supplements or amendments when standard is referred to in an individual Specification Section but is not listed by title and date. C. Maintain copies of reference standards at project site throughout construction period : Make copies of reference standards available as requested by Engineer or Owner. D. Enforce the most stringent requirements where compliance with two (2) or more standards is specified, and they establish different or conflicting requirements for minimum quantities or quality levels, unless Contract Documents indicate otherwise. 1. Quantity or quality level shown or indicated shall be the minimum to be provided or performed in every instance. 2. Actual installation may comply exactly with minimum quality indicated, or it may exceed that minimum within reasonable limits. 3. In complying with these requirements, indicated numeric values are minimum or maximum values, as noted, or appropriate for context of requirements. - 4. Refer instances of uncertainty to the Engineer for decision before proceeding. E. Trade association names and title of general standards are frequently abbreviated. Where acronyms or abbreviations are used in specifications or other Contract Documents they mean recognized name of trade association, standards generating organization, authority having jurisdiction, or other entity applicable to context of text provision. Refer to "Encyclopedia of Associations," published by Gale Research Company. 1.05 SCHEDULES Schedules where they appear in the specifications, are not to be considered all- inclusive. Schedules are included only as a supplement to help clarify the plans. END OF SECTION - 01010 SUMMARY OF WORK 1.0 SCOPE OF WORK This information relates to work required to clean and remove and disposal of all accumulated grit and "rags" from digesters 9, 10, 11, 12, and 14 at the City of Fort Worth Village Creek Wastewater Treatment Plant. Special Conditions 1. Safety care should be taken to monitor the air in the work area for methane and hydrogen sulfide gas. The Contractor will submit a written safety plan which will include the use of a triple gas (H2 S, LEL and 0 2 deficiency) detection device. The digester will be open to atmosphere, but may contain a gas mixture including ammonia, hydrogen sulfide and/or methane. 2. At any time that high flow or other operational conditions require, the contractor may be required to immediately remove personnel and equipment from the work area. 3. Contractor will be responsible for lock-out/tag-out of equipment; plant staff will assist in designating which equipment will need to be locked-out/tagged-out. 4. Contractor will attend a plant evacuation/orientation class for employees assigned to the Village Creek job. 5. Location: City of Fort Worth Village Creek Wastewater Treatment Plant; 4500 Wilma Lane; Arlington, Texas 76012. 6. The City is tax exempt from Sales and from Use Tax. 7. The City will provide service water and sufficient length of fire hose; contractor will be responsible for providing nozzles required for cleaning the digester. 8. Digester 9 and 10 is 90 feet in diameter with a 28' deep, cone -weld 7'-4" and put in service in 1980 and cleaned in 1998. 9. Digester 11, 12, and 14 were put in operation in 1986. 10. Digester 11, 12, and 14 is 90 feet in diameter with a 27 feet side water depth and an additional 6.8 feet of cone bottom with a 2' deep sump in the center. Attention is directed to discharge piping which runs along the floor inside the digester. 11. At this time, the digester contains approximately 7 feet of material consisting of liquid, "rags" and grit. The total volume is estimated to be approximately 4,000 cubic yards; the volume of grit is estimated to be approximately one thousand cubic yards. Liquid material ( excluding slurries grit and/or "rags") that can be pumped can be returned to the plant. For the purpose of bidding, no differentiation is made concerning composition of digester material. - - Work Required 1. The contractor will submit a bid based on 22 ,000 cubic yards of material in each single digester. 2 . Solid material and liquid which is removed from the digester will be transported to the designated landfill for disposal. Warranty 1. The contractor warrants that work will be completed in a workmanlike manner and that the job site will be returned to the original appearance and state of neatness. 2. Work will be considered acceptable after a final visual inspection. 1.01 WORK INCLUDED A. Construct work as described in the Contract Documents. 1. Provide the materials, equipment, and incidentals required to make the project completely operable. 2. Provide the labor, equipment, tools , and consumable supplies required for a complete project. 3. Contractor is required and responsible provide license and permit form City, county and federal government if is required to transport the material to disposal area. 4. Contractor required to coordinate per Johnson Control Phase V digester modification work project schedule. 5. Only 2 digesters could be out of service at anytime and will including digester being cleaned and modified. 1.02 JOB CONDITIONS A. The General Conditions , the Supplementary Conditions , and Division One specifications apply to each specification sections. B. G_omply with all applicable state and local codes and regulations pertaining to the nature and character of the work being performed. - 1.03 DESCRIPTION OF WORK This Project consists of Removal of all accumulated material from the digesters number 9, 10, 11 , 12, and 14. Contractor shall provide labor equipment and transportation to remove and transport all the material to designated area for disposal. Contractor is responsible for transporting the material in a safe manor to the deposal facility area. Contractor is required to transport the material in a closed containment or tanker for safety purpose. 1.04 OCCUPANCY A. As soon as all the material removed and broom clean the digester, the Owner shall have the right to accept it form the contractor. B. Owner may accept the facility for continued use after cleaned up and testing at the option of the Owner. If acceptance is delayed at the option of the Owner, shut down facilities per approved Operation and Maintenance procedures . C. The execution of bonds is understood to indicate the consent of the surety . D. Conduct operations to insure the least inconvenience to the Owner and general public. 1.05 CONTRACTOR'S USE OF PROJECT SITE A. Limit the use of project site for work and storage to the areas at a site approved by the Owner. B. Coordinate the use of the premises with the Engineer. C. Assume full responsibility for the protection and safekeeping of products stored at the site . D. Store products such that owner has access to all treatment units for maintenance and operations. E. Obtain and pay for the use of any additional storage or work areas needed for construction. - F. Any damage to existing facilities, including contamination, caused by the Contractor's personnel, visitors, materials, or equipment, shall be repaired or corrected at the Contractor's expense. G. No alcoholic beverages or illegal substances shall be permitted on the site at any time. H. Contractor shall coordinate with other project. The release of Digester for cleaning based on plant requirement that only 2 Digesters can be out of service at any time will be based on the Digesters Modification project schedule . This will result in extended period between completion in cleaning one digester and start of cleaning of next digester. .- 01030 SPECIAL PROCEDURES 1.00 GENERAL 1.01 SHUT DOWNS AND PLANS OF ACTION A. Shut-downs of operations or equipment must be planned and scheduled . 1. Submit a written plan of action for approval for shutting down essential services. These include : a. Electrical power b. Control power c. Process piping d. Treatment equipment e. Communications equipment f. Other designated functions 2. Describe the following in the Plan of Action: a. Construction necessary b. Utilities , piping, or services affected c. Length of time the service or utility will be disturbed d. Procedures to be used to carry out the work e. Plan of Action to handle emergencies f. Contingency plan that will be used if the original schedule cannot be met · 3. Plan must be received by the Owner two (2) weeks prior to beginning the work. B. The Owner has identified "Critical Operations" that must not be out of service longer than the designated maximum out of service time and/or must be performed only during the designated times. 1. Work affecting "Critical Operations" is to be performed on a 24-hour a day basis until operations have been restored. 2. Provide additional work force and equipment as required to complete the work affecting "Critical Operations" within the allotted time. 3. Include the cost for work affecting "Critical Operations" in the contract proposal. 4. Liquidated damages will be assessed if work on "Critical Operations" is not completed within the time indicated . 5. Critical operations restrictions shall not apply to work on a plant when that plant is taken out of service by the Owner for the following scheduled time periods: END OF SECTION 01150 MEASUREMENT AND PAYMENT PART I -GENERAL 1.01 BID A. The bid is a part of these contract documents, and lists each item of work for which payment will be made. No payment will be made for any items other than those listed in the bid. B. Required items of work and incidentals necessary for the satisfactory completion of the project which are not specifically listed in the bid, shall be considered as incidental to the specified work required under this contract. Incidental costs, including Contractor's overhead costs and profit, shall be considered as included in the lump sum or unit prices bid for the various bid items. C. Work includes furnishing all parts, labor, professional services, equipment, tools and materials and performing all operations required to complete the work satisfactorily, in place, as specified and as indicated on the drawings. 1.02 MEASUREMENT AND PAYMENT A. Measurement of an item of work will be by the unit indicted in the bid schedule. B. Measurement will include all necessary and incidental related work not specified to be included in any other item of work listed in the bid schedule. Work includes all labor, professional services equipment, tools, materials and incidental costs to furnish, install, test and place into service all components required for a complete and operating system. C. Unless otherwise stated in individual sections of the specifications and/or in the bid schedule, no separate payment will be made for any item of work, materials, parts, equipment, supplies or related items required to perform and complete the requirements of any section. The costs for all such items required shall be included in the contract price bid for the item of which it is a part. - D. Payment will be made at the contract price per unit indicated in the bid with total price of the contract being equal to the total bid, as specified and as modified by extending unit prices multiplied by quantities , as appropriate , to reflect actual work included in the project. Such price and payment shall constitute full compensation to the Contractor for furnishing all parts , labor, professional services , equipment, tools and materials and for performing all operations required to furnish to the Owner the entire project, complete in place as specified and as indicated on the drawings. E. Mobilization and demobilization will be paid 50 /50 which mean 50% for Mobilization and 50% for demobilization and not to exceed 5% of the total cost. PART2 PART3 -PRODUCTS -NOT APPLICABLE -EXECUTION -NOT APPLICABLE END OF SECTION 01300 SUBMITTALS 1.00 GENERAL 1.01 WORK INCLUDED A. Submit documentation as required by the Contract Documents and as reasonably requested by the Engineer to: 1. Provide information for the operation and maintenance for the project 2. Provide information for the administration of the Contract. 1.02 CONTRACTOR'S RESPONSIBLITIES A. Review all submittals prior to submission. B. Determine and verify: 1. Field measurements by quantities as Cubic yard or at the landfill by weight. 2. Quantities and Number of Truck for Transporting to the designated landfill. C. Furnish the following submittals: 1. Schedules , data and other documentation as described in detail in this section or referenced in the General Conditions 2. Documentation required for the administration. D. Not in use E. Not in use 1.04 SUBMITTAL PROCEDURES A. Deliver submittals to the Engineer at the following address: David R. Townsend, PE, Facilities Engineer (Room 236) Fort Worth Water Department 1000 Throckmorton St Fort Worth, Texas 76102 01300-1 B. Assign a number to the documents originated to allow tracking of the submittal during the review process. 1. Assign a number consisting of a prefix, a sequence number, and a letter suffix. Prefixes shall be as follows: Prefix Description Originator co Change Order Engineer CMR Contractor's Modification Request Contractor CTR Certified Test Report Contractor EIR Equipment Installation Report Contractor FO Field Order Engineer MIS Miscellaneous Submittal Contractor NBC Notification By Contractor Contractor PCM Proposed Contract Modification Engineer PR Payment Request Contractor pp Project Photographs Contractor RFI Request for Information Contractor SCH Schedule of Progress Contractor A Change Order or Field Order will be issued by the Engineer for deviations approved by the Owner. Deviations from the Contract Documents may only be approved by Change Order or Field Order. END OF SECTION 01300-2 Section 01360 Quality Control PART I-GENERAL 1.01 SCOPE A. The Contractor is responsible for quality control throughout the construction project. 1.02 RECORDS A. Throughout construction, daily records shall be maintained of all aspects of the work and all tests performed. All tests performed shall be numbered. One copy of these shall be maintained at the job site and submitted to the Owner at the close-out of the project. 1.03 SCHEDULE A. A specific plan and checklist shall be made between the Contractor and the Owner for observation and inspection to assure that all facility requirements have been met. 1.04 RECORD AVAILABILITY A. All records of the work and all tests performed shall be available at the job site for the Owner's use at any time. 1.05 QUALIFICATIONS OF PERSONNEL A. All operations shall be under the control of the Contractor, or the Contractor's General Superintendent. The General Superintendent shall be experienced in all aspects of the project. PART 2 -PRODUCTS NOT USED PART 3 -EXECUTION NOT USED 1.02 Property Damage In an event that contractor damage any property or equipment and any part the facility during the work at the job site, contractor shall act promptly to quickly respond by cleaning , repair or replace no later than 7 calendar days. Contractor s~all be responsible to satisfy claimant. End of Section 01420 INSPECTION SERVICES PART 1 -GENERAL 1.01 SCOPE A. This section summarizes the duties, responsibilities, and limitations of the authority of the Inspector in connection with his observation and inspection of the work. 1.02 AUTHORITY A. On this project, the City of Fort Worth assumes the function of the inspector during cleaning . 1.03 DEFINITIONS A. INSPECTOR: A representative of the owner who will be assigned authority to observe and inspect the work. B. Working Day: Per Fort Worth General Contract Documents and General Specifications for the City of Fort Worth Water Department. 1.04 LIMITS ON WORKING HOURS A. Contractor may not work on a Saturday, Sunday, or official city holiday; more than eleven hours in a calendar day; or forty five hours in a calendar week without the specific written consent of the owner. All requests for extra working hours must be coordinated with City of Fort Worth staff 2 working days in advanced. 1.05 UNINSPECTED WORK A. Any work performed without benefit of an inspection may require removal and replacement if so directed by the owner. This removal and replacement will be completed by the Contractor at no additional cost to the Owner or the Owner's Representative. PART 2 -PRODUCTS PART 3 -EXECUTION NOT USED 3.01 AUTHORITY OF THE INSPECTORS A. The owner's inspection personnel shall observe the work in progress and promptly notify the Contractor of any deficiencies. Inspectors are not authorized to accept work not in conformance with the plans and specifications, nor are they authorized to change the requirements of the contract documents . 3.02 RESPONSIBILITIES OF THE CONTRACTOR A. The Contractor shall provide safe access to the work in order to observe its progress and quality . The Contractor shall also assist the inspector in obtaining samples and performing tests as necessary. END OF SECTION 01700 CONTRACT CLOSE-OUT PART 1 -GENERAL 1.01 FINAL INSPECTION A. When the Contractor considers the work complete , he shall submit written certification that all contract documents have been reviewed and all work has been completed and is in compliance with contract documents . He shall also certify that all facilities are operational and all work is completed and ready for final inspections. B. The Owner will make an inspection to verify the status of completion. Should the Owner consider the work incomplete or defective, he will promptly notify the Contractor in writing, listing the incomplete or defective work. The Contractor shall take immediate steps to remedy the stated deficiencies, and send a second written certification to Owner that the work is complete. C. If the Owner finds the work acceptable under the contract documents , he shall request the Contractor to provide all required close-out submittals. 1.02 CLOSE-OUT SUBMITTALS A. The following close-out submittal data shall be provided by the Contractor: 1. Project Record Documents 2. Evidence of Payment and Release of Liens. Submit the following in such form as approved by Owner. a. Contractor's affidavit of payment of debts and claims. b. Contractor's affidavit of release of liens. c. Consent of surety to make final payment. d. Releases or waivers of liens from all subcontractors and others with lien rights against property of Owner. 1.03 FINAL PAYMENT REQUEST A. The Contractor shall submit a payment request to the Engineer. The statement shall reflect all adjustments to the contract and shall include, but not be limited to, the following: 1. Original contract sum 2. Additions and deductions resulting from: a. Change orders b. Retainages withheld to date c. Deductions for uncorrected work d. Deductions for liquidated damages 3. Total contract sum, as adjusted 4. Previous payments 5. Sum remaining due B. The Contractor shall submit the final application for payment in accordance with procedures and requirements stated in the contract documents. PART2-PRODUCT PART 3 -EXECUTION END OF SECTION NOT USED NOT USED Bond No K08530798 PERFORMANCE BOND THE STATE OF TEXAS § COUNTY OFT ARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) SYNAGRO OF TEXAS - CDR , INC. , a (2) _____ C_o_,rp_o_ra_t_io_n ______ of ____ T_ex_a_s ____ _,, hereinafter called Principal, and (3 ) __ W_E_S_T_C_H_E_S_T_E_R_F_I_R_E_I N_S_U_R_A_N_C_E_C_O_M_P_A_N_Y _ _, a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: Si x Hundred Tw enty One Thousand and 001100 ($ 621,000 00) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF TIIIS OBLIGATION is such that ·whereas, the Principal entered into a ce1iain contract with the City of Fort Worth, the Owner, dated the _ .3._ day of fv\o_y , AD. 1<9 201,1a copy of which is hereto attached and made a pa1i hereof, for the construction of: Cleaning of Digesters No 9, 10 , 11 , 12 and 14 at Village Creek Wastewater Treatment Plant designated as Project No.(s) ____ W_T_R_-_2_01_1_-_30_0_0_0_2 _______ , a copy of which contract is hereby attached, refe1Ted to, and made a part hereof as fully and to the same eA'ient as if copied at length herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, if the Principal shall well, truly, and faithfully perfo1m the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and he shall satisfy all claims and demands incurred under the contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay, and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas. F-1 AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the contract or to the work · to be performed thereunder, or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or . addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in six counterparts each one of which shall be deemed an original, this the ::\ day of f"1 qy , A.D ., ~ 201.1 ATTEST: Sandra Diaz (SEAL) -- -~ Gra c e Laterza Aon Risk Services , Inc ., 199 Water Street New York , NY 10038 (Address) SYNAGRO OF TEXAS -CDR , INC . ~ BY:~ '(f,-~-:-~-r~~=:=:"i"',d""'T'e_cS\...,.,..,.'-l-\j-s;s==. =+=. ~~-n-~oJ'Y 1002 Village Square , Suite C , Tomball, TX 77375 (Address) WESTCHESTER FIRE INSURANCE COMPANY Surecy ~ B~ tloey-in-f~ MeKeeva Summerford, Attorney-in-Fact (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an hldividual, 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 Bond No K08530798 PAYMENT BOND THE STATE OF TEXAS § KNOW ALL BY THESES PRESENTS: COUNTYOFTARRANT § That we, (1) SYNAGRO OF TEXAS -CDR, INC. a (2) Corporation ----~ of . Harris County, Texas hereinafter called Principal and (3) _____ W_E_S_T_C..,...H_E_S_T_E_R_F_IR_E_IN_S_U_R_A_N_C_E_C_O_M_P_A_N_Y _____ _,, a corporation organized and existing under the laws of the State ___ and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas , hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to in the penal sum of Six Hundred Twenty One Thousand and 00/100 ___ Dollars ($621,000.00 ) in lawful money of the United States to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the_ 3 day of ~Q\ r 1 20J_!_, a copy of which is hereto attached and made a paii hereof, for the consideration of: Cleaning of Digesters No 9, 1 O; 11 , 12 and 14 at Village Creek Wastewater Treatment Plant designated as Project Number __ W_T_R_-_2_01_1_-_30_0_0_0_2 ____ __, a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter refe1red to as the "work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Chapter 2253, Tex as Government Code, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. THIS BOND IS MADE AND ENTERED into solely for the protection of aU claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Chapter 2253, and all such claimants shall have a direct right of action under the bond as provided in Chapter 2253, Texas Government Code . F-3 PROVIDE FURTHE R, that if any leg al action be filed upon this bond, venu e shall lie in Tarrant County, Texas , State of Texas, and that the said Surety, for value received, hereby stipulates and agrees that no diange exten sion of time, alteration or addition to the te1m s of the contract or to the work be perforined thereunder or the specification accompanying the same shall in any wise affect its obligation on this bond, and it do e s hereby waive notke of any such change, extension of time, alteration or addition to the terms of the contract or to the work or the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. IN WITNESS WHEREOF , this instrument is executed in six counterparts, each one of which shall be deemed an original, this i 3 day of ~ , 20 11 . SYNA~o OF TEXAS -coR , INC . ATTEST: ~~)€~ Sand ra Diaz (SEAL) _ ~~""'""" \Vitness as to Surety Aon Risk Services , In c ., 199 Water Street New York , NY 10038 Address Principal 1002 Village Squa re , Suite C Address Tomball , TX 77375 City/State/Zip WESTCHESTER FIRE INSURANCE COMPANY (Surety) BY:~'./&~~~~~~.:-,? Attorney-in-Fact (5)MeKe 436 WALNUT STREET , P.O. BOX 1 A ddress Philadelphia , PA 19106 City/State/Zip Note : Date ·of bond must not be before the date o f award of contract (1) Correct name of Contractor (2) A corporation, partnership, or individual as th e case may be (3) Correct name of Surety (4) If Contractor is a partnership, the Contract mu st be exec uted by the managing or general partner oftbe partnership F-4 Bond No K08530798 THE STATE OF TEXAS C OUNTY OF TARRANT MAINTENANCE BON D § § KNOW ALL MEN BY THESE PRESENTS : That we (1) SYNAGRO OF TEXAS -CDR , INC . as Principal, acting herein by and through (2) ~Q ,::h , :J3,rd -e 6fF its duly authorized \) 1c:eJ\--c'S i: ~sst" -S=c_ and ( (3 ) WESTCHESTER FIRE INSURANCE COMPANY a corporation organized and existing under the laws of the State of Philadelphia as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation, chartered by virtue of Constitution and laws of the State of Tex as , at Fort Worth, in Tarrant County, Tex as, the sum of: Six Hundred Twenty One Thousand and 00/100 Dollars($ 621 ,000.00 ), lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves, their heirs, ex ecutors, administrators , and assigns and successors, jointly and severally. This obligation is conditioned, however ; that, 'WHEREAS, the Princi pal has entered into a cer tain contract with the City of Fort Worth, the Owner, dated \ho\r 3 ~D l I for the performance of the following described public work ~ co'nstruction of the following described public improvements: Cleaning of Digesters No 9, 10, 11 , 12 and 14 at Village Creek Wastewater Treatment Plant all of the same being referred to herein and in said contract as the Work and being designated as Project No.(s) __ W_T_R_-_2_01_1_-3_0_0_0_02 _____________ _ and said contract, including all of the specifications, conditions and written instruments refe1Ted to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof, the same as if set out verbatim herein; and , WHEREAS , in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during the period One Year after the date of the final acceptance of the work by the City; and, ·wHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of One Year ; and, WHEREAS , sad Contractor binds itself to repair or reconstruct the work in whole or in part at any time w ithin said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it is necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need thereof to repair or reconstruct said work as herein provided. NOW THEREFORE, if said Contractor shall keep its said agreement to maintain, repair or reconstruct said work in accordance with all the tenns and conditions of said F-5 contract , these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall remain in full force and effect, and said City shall have and recover from the said Contractor and its surety damages in the premises as prescribed by said contract. This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS , all parties covenant and agree that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas; and, IN WITNESS WHEREOF, this instrument is executed in 5 counterparts, each one of which shall be deemed an original, dated 01a ~ . \ \ ao l \ ATTEST: (Surety) Sec (SEAL) Sandra Diaz -~~ G,o~~ea Witness as to urety Aon Risk Services , Inc., 199 Water Street New York, NY 10038 (Address) SYNAGRO OF TEXAS -CDR , INC . P AL(4) ~ , Se::-\1:--k,~ 1002 Village Square , Suite C Tomball , TX 77375 (Address) WESTCHESTER FIRE INSURANCE COMPANY ·~ By/,%====mecfmd 436 WAL~M%1ffie'"E1r~,~8. ~~x 1000 Philadelphia , PA 19106 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) (2) (3) (4) (5) F-6 Correct Name of Contractor A Corporation, a Partnership or an Individual, as the case may be Correct name of Surety If Contractor is Partnership, all Partners should execute Bond A True copy of Power of Attorney shall be attached to Bond by Attorney-in-fact Power of Attorney ...•..•..•.. ··•••••••·· ....••• . ..•••• !b!it:~t~i:uf!:l :~Ib~i{Ji-~~;b ,~~~!!~;..rd on beh~f of ilie Jt~J~ ... ~f Jl'..~IUl in ijirecog ni ~l,.ij nlf~~ and Jili.1•·~~11 commi j~n::filie Company >~} / ii !~ceh,;;,~: Cl,~~iiii ~; .. ;~t~(i ~~vifr ~(~;d;;.oti~~o mpany is hereby auili orized to ;I~.:.;.rw~uen co:S1m~:;;Qi~tbe~t(orlhr&mJiy;~;.; •• ~~ ~filie Comp,uw or (2) ()) (4) (5) :;:]~tr::~I91i;::c:;i}J;~;;~1~!{~;2~{~~!~i~~;;:i;~:~0:~1::%~~~i::.~;_b;~~hi~.coniii~r·~~erlh ~~-~~;;~~&;;;~y ~;:~~~~i e:14\h~~~;~~;;It •· ~{ifu{~t~~~1t~~~~E2£~!~ti%~:~f tit~Jfsf f i;~;.~iflf~fr:;~~~~~*:iE~~~ffr.::.~i;~;;~ti:~~ftr~irJ¥Y Mlh Each :;~:~·l)~fui:l , the Pr~\~!~li~::.~~~'.~~~;·de~J~:lh~ ... JJ~;~YJ 9·~~;;~;.:~~~J~::.ed, for and on behaJf of the Company .. :}~::de.~~;1~'.~:.~ri ting ~):~ih~r:·;~l;~.tb~iJ;: C°~~·PMY··¢~\juJttj~:;·:··;-·; ..... · esecut e, fo r and on behalf of th e Comptlny, under the Comp.iny's seal or oth erwi se, such Written Commitments oflhe Com pany a.s are sJ)eCi fi ed in such wriuen d·e1e"g8.tion . which sped"ti"Cai ion mny bel;),· general type or .~!-~. of Written .~.P~~itments or. ~Y-. .$P.'.CSJ fic ation of O:~ .. 9~ .. ~ore partic~.1.¥. W~tten Commitments . ~;~;~~~~:~l~];:~,;;lip~J:~i~i~i,ri~V~\!:"~f :;;~J'•tt~~;;n~~i~f de)~J:~tioo pursuant to ili is Res1t:~:~:fod ilie ~~ ~;~J Ct1~~~,;~/~~~,d ijy f:•::,::tht~J~~ • / . ~~!!:~~:i~t~ ~~,~~£~~:~i~f it!;1lt~~~~,,~f ::).~J!:~fa* :iL~~:::;1!~!~Yu:r.::: ~~;,~°;:1i:~i~ •jplo)#t ~ o~t pers ons ,;~ct fJJ.J~n bl,~r ~~e } Does hereby nominate, cdn~tiuiiearid appoint A~11e1te: MLeus~~ner;Qynihi-1 f~~~ivdbbra A Deming , Evangelih~J-tioliiinick , J~;~ic11J;:i ~o !!it/Me:teeva J t < •••.. . .. Summerford, Sandra Di ~z, Soni a Rogers , Thomas Rhati gan , VaiofieS pates:V1vian Carti , all of the City of NEW YciRl(New York , eachl ndlvidually ifth~re be rri&t ·. ·····1J!~!1E~f ~tl1f i!S~E:i;E,,~,,~.1 1:f:t~;;i~tltttiil;?rt~~:~:"\:;,~ ·••··•·•····~~~)fo:~0~~M~i:~1l:~~~~a11~i:~~~:~~·;tsident , has hereunto ··fa ~;b~l&~ .• hi1. na ~~.,Jaam(i~.·~~·c;~ra i~ .• siiil .. oike·sJi~ )YiSTCHESTER WESTCHESTERI\TRE INSUUNC.E COJ\JfANY ~~i~~/{f Slitpl)#i M. Ff~r ivicl ~ifui i{ ~g~:T~~Eti~i!~ttr~~e~f :i~6.~;••;~~Q::·%~. ~,:::)··~·~~;;~·.~·~::2~·~r,onwealth of Penn~~c:1;~. in ai~···~:;;he •C~~~;a~·~;il~9e ;i~·;:·~~t~··························:••··············:···················· Stephen M. Haney ,Vic¢-Pi:¢s iderit o(th ~"1ESTCHESTER film INSIJ~NCE CQJ\WANY to me persor#Uy ia)ownto b~ the in~ividual ~nd ti(li der wl'.io t#~c ute d . < the precedin g instrum eoi. and h~iic ktjii,\ii~dgll9 that he ~xei:tite~ th e);uii~'. atj~ that tfyij s~~l affixed to th e prec ~ing)~strt.in1~~i iSitie porporateiealof~id ¢1)11i pa,ni{ / that the sa id corporate s~al ar\9 ti1s sjgnaturj: were \lul{afliiiecfby the ij u(ijo ri l)l ."ng (l lre9tfon of the said corponi(l;m; l!n4 iha i:Re solutrii i},.iidopted by the Boa rd o:( /. . ... • < Directors of said Compai\h .referr:sdto in tiiKi:ir~~e~,nt}fttS tni aj e~\ii hcl'Vi~Nrte: . < ······· V. ... .... ·.······ .. ... .···. ·.· ······· ..... · .. ··· TESTIM1DNY W.H.EaEQf , I ha.vi:.!1~i;unto s~t iµyJw1d and affixed my official~~a.I.a.t the QiWQf Philad.elp!ria.tll ~ day l!n~lyea r lirst.ii~q.-,,e.-.vritten. ) ...• _ •...•. ·.• .. ·, .. ·.·.• .. · •. · ...•.•. •.· ..•. •.:.·._ ...• -.· •. · .•..•..•. ·.· ....••... ·_ •. ;.:.=./..• ..• · .. · . ., •.. · ... : •. _·.~,·· ... · •... ,~.1, ••. ··.-.···,.·,·.~··,~ .... ·.~.~ .•••. ~.,~ •• : •• ··.·:·:_~.~ •••••• ·_:• •. ~.~.--~.t:· ... : .. ·_:·.'· .. •.!'•l• .. _• .. ·._~.~.·., •. -•. N .• _•._'.·.~ ... ~ .... ·'.· .. ::, ... · •. ;.~•""'.~·:•:::··.·.? . .-.. •.::·-~··.,·-·.· •. ·:···: ... ·._···;.'·\·· ... ·, .. t.•._:•.1• •• •.: .....•..•....... ·.... •·•···•· ........... ··.·····.··,, .... -. "'. "~ ...... · .......... --"-·E.WJJ.;;;····:r'~,~.~-·:._·.··:.•._•:_• .. :· .. -•.· .. ·· .. : .•..... :-._·'.·.•._.· .. ·.•.·.· .. ·.·._··.·.·.·._ .. · ....•. •.'ti (::::>~ tm:;;_,:t '-:~>:-~ -~} . ....=:...~--\ '~;'~t{;Y .. c: \.'.2';··:1 I, the unde 4/;~d4 Ass ii~~; J~c rtilii~ ~~ ili; ~~sf~~~;fai ;;~~ ;~~~NCE COMPANY, do ~;~:J; certi~\~j h1\: ofi;j~~I ;~(1E R Sf ~rl~itiy; ~/··. :h :i:n:s: :~e,:~: Ii ~ir:l:i::~i::::r::rlrli:p!r:~~1~1t f;:::et[:;r:: 1 ~ffixed the corporat ~··~~a;•tf t~i··c~i :rl(io~:•·\his 3Jj •d:~• of .... ~.1rJ ...... 2 Ji , •..•••.. • THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATlntll • WESTCHESTER FIRE INSURANCE COMPANY FINANCIAL STATEMENT ADMITIED ASSETS BONDS SHORT-TERM INVESTMENTS STOCKS REAL ESTATE CASH ON HAND AND IN BANK PREMIUM IN COURSE OF COLLECTION* INTEREST ACCRUED OTHER ASSETS TOTAL ASSETS RESERVE FOR UNEARNED PREMIUMS RESERVE FOR LOSSES RESERVE FOR TAXES FUNDS HELD UNDER RE INSURANCE TREATIES OTHER LIABILITI ES TOTAL LIABILITIES CAPITAL : 928 ,592 SHARES, $4 .85 PAR VALUE CAPITAL: PAID IN AGGREGATE. WRITE-INS FOR SPECIAL SURPLUS FUNDS SURPLUS (UNASSIGN ED) SURPLUS TO POLICYHOLDERS TOTAL (*EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.) STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA DECEMBER 31, 2009 $2 ,060,239,269 21,402,589 0 0 5 ,053 106,852,028 18,645,574 252,407 ,271 $2,459,551,784 $284,403,553 1,226,008 ,303 1,902,245 0 139,987,368 1,652,301,469 4,503,671 187,844,877 85,912,680 528,989,087 807,250,315 $2,459 ,551,784 John P. Taylor. being duly sworn, says that he is Vice President of Westchester Fire Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the said Company's financial condition as of the 31 st day of December, 2 009 . 1 ~:+L tY\ <t¥+= 2..0 \ o k-+Aw\01\-u~ Notary Public C'OMMONWEAL .!'.'.:~f'tlNIISYLVANIAl Otune Wright , Notary Publlc City of fllllladelphla. phlJildelphla County My c()OllllWlon Exp!re5 Aug . 8, 2011 ember, Penlll)'lvanla kiodation of Nolllrltl~ ission expires Information and Complaints ACE USA This information is being provided to you pursuant to the requirements o1 Articles 1.35, 1 .35D and 21 .71 of the Texas Insurance Code relating to our Toll Free information and complaint number. IMPORTANT NOTIGE To obtain information or m ake a complaint: You may call the Company's 10/1 -free telephone nurnt>er tor information or to make a complaint at: 1 (800) 352-446;! You may also write to the Compan,, at: ACE USA Customer Services, TL30K P . 0. Box 41 484 Philadelphia, PA 19101 -1 484 You may contact the Texas Department of Insurance to obtain information on compz,nies, coverages, rights or complaints at : 1 (800) 252-3439 You may write the Texas Department of Insurance P.O. BOX 149104 AUSTIN, TX 78714-9104 FAX #(512) 475-1771 PREMIUM OR CLAIM DISPUTES : Should you have a dispute concerning your prem ium 1)r about a claim you should contact your agent or the company first . If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUFl POLICY : This notice is for information only and does not become a part or condition of the attached document. ALL-4Y30a (08/2001) AVISO IMPORTANTE Para obtener informacion o para someter una quejo: Usted puede llamar al nu m ero de teletono gratis de la Compania para informacion o para someter una queja al : 1 (800) 352-4462 Usted tambien puede escribi r a la Compania: ACE USA Customer Services, TL30K P.O. Box 41484 Ph iladelphia, PA 19101 -1484 Puede communicarse con el Departmento de Seguros de Texas para obtener in formacion acerca de companias, coberturas, derechos o quejas al : 1 (800) 252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 AUSTIN, TX 78714-9104 FAX #(512) 475-1771 DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa puede entonces communicarse con el departmento de Seguros en Texas UNA ESTE AVJSO A SU POLIZA: Este av i so es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto . CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH, TEXAS DATE: 5/13/11 NAME OF PROJECT: Cleaning of Digester No 9, 10, 11, 12 , and 14 At Village Creek WWTP PROJECTNUMBER(S): Project No. WTR-2011-300002 THIS IS TO CERTIFY THAT Synagro of Texas-CDR Inc., 1002 Village Square, Suite C, Tomball, TX 77375 (Name and Address oflnsured) is at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the type of insurance and in accordance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on the reverse side hereof. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability Worker's Compensation WA7-69D-5/01/11 5/01/12 E.L. EACH ACCIDENT $1,000,000 437721 -021 E.L EACH EMPLOYEE $1,000,000 E.L. POLICY LIMIT $1,000,000 Comprehensive General EG 18305986 11 /0 1/10 5/01/12 Bodily Injury: Liability Insurance Ea. Occurrence : $1,000,000 (Public Liability) Property Damage Ea. Occurrence $1,000,000 Blasting Collapse of Buildings or structures adjacent Ea. Occurrence $ to excavat ions Damage to Underground Utilities Ea. Occurrence $ Builder's Risk AS2-691-5/01/11 5/01/12 Combined Single Limit 2,000,000 Comprehensive 437721-011 Bodily Injury: $ Automobile Ea. Person $ Liability ---· .. -._ Ea. Occurrence: Property Damage $ Ea. Occurrence Bodily Injury: Contractual Liability Ea. Occurrence: $ Property Damage Ea. Occurrence $ Other Location covered: Village Creek Wastewater Treatment Plant Description of Operations covered: Cleaning of Digesters No. 9, 10, 11, 12, and 14 The above policies either in the body thereof or by appropriate endorsement provide that they may not be charged or canceled by the insur er in Jess than five (5) days after the insured has received written notice of such change/or cancellation . Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to be assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. Agency: The Addis Group King Of Prussia, PA 19406 By~ Tilwce President Address: 2500 Renaissance Blvd, Suite 100 NOTEPAD INSURED'SNAME SYNAGRO OF TEXAS-CDR INC ICANCELLATIUN: 30 DAY::i EXCEPT 10 DAYS FOR NON-PAYMENT. INSURED LETTER A INSURANCE TYPE: POLLUTION LEGAL LIABILITY POLICY NUMBER: EG 18305986 POLICY TERM: 11 /01/2010-05/01/2012 LIMITS f~f rLLfccLi1J>si0t:·i~i~oooAooo RETENTION -EACH LOS.:,: $ "50,000 SYNAG-1 OP ID: J8 PAGE 2 DATE 05/11/11 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Veron's Annotated Civil Statues, Contractor Certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth Project Number WTR-2011-300002. STATE OF TEXAS § COUNTY OF HARRIS § Synagro of Texas -CDR, Inc. CONTRACT~~ By: ///~ ~ --,-#'------------- Vice President & Asst. Secretary Title May 13, 2011 Date BEFORE ME, the undersigned authority, on this day personally appeared ___ _ Marty Bredehoft . known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Synagro of Texas -CDR, Inc. for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this~ of _-=M=a,.,__y_ 2011. Page 1 Of 1 PART G -CONTRACT THE ST A TE OF TEXAS § COUNTY OF TARRANT § TH1S CONTRACT, made and entered into the -~th da y of M ay , 2011 _____________ by and between the City of Fort Worth, a home-rule municipal corporation located in Tarrant County. Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed "OWNER" and Syna gro of Texas -CDR, In c. of the City of _=H_o_us_to_n ________ , County of __ H_ar_r_is _______ _ and State of Te x as Party of the Second Part. Hereinafter termed "CONTRACTOR" WI1NESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said Party of the First Part (Owner) to commence and complete certain improvements described as follows: City of Fort Worth , Wate r De partm e nt Cleanin g of Di gesters No . 9 , 10 , 11 , 12 , a nd 14 at Vill age Creek Wastew ater Trea tment Pl ant Proj ect No . WTR-2011 -300002 and all extra work connected therewith, under the terms as stated in the Contract Documents, and at his (their) own proper cost and expense to furnish all materials , supplies, machinery, equipment, tools, superintendence, labor, bonds, insurance, and other accessories and services necessary to complete the said construction, in accordance with all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and printed or other written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been identified by the endorsement of the Contractor and the Engineers thereon, together with the Contractor's Written Proposal and other parts of the Contract Documents hereto attached, including the Fort Worth Water De neral Contract Documents and General Specifications , all of whic ade a and collectively evidence and constitute the entire contract. off\C\~\. e~~t\'f -,,,/ stCl'loi I Ch 1 0 ,..1.1 11. ft.1101' IP, G-1 The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete same within the time stated in the Proposal. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents and all approved modifications therefor, and to make payment on account thereof as provided therein. ATTEST: (SEAL) WITNESSES: ;~ifyWfile S. Frank Crumb, PE, Water Director Doug Black, Assistant City Attorney have executed this City of Fort Worth, Texas (Owner) Party of the First Part Fernando Costa, Assistant City Manager epartment: G-2 Contr act Authorizatioa 5'-3-l\ OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX e C D ,-----,~~ ·~~k:f 1'.!11"RAINT . ~ 5?f'~~~~ r/1~~1~)TI.D Nae:: OIOE9TER IZ TOP PLAN SCALE• 118 1 •11 ~0 or,ie.R Ol~reR'S ~MIU/I(. E COVER WALKING SURPACE. PLAN NO 9CALE F G H flllllllOHl 20Nl ~lV DU\:IUl'TION IY OAn Alt NOT/!..~: . 4 ,. flCOR. PIP& :iuP,'llOi'fT~ ON ~rest.. ROOf', A TYi"£ ,, PW,;. HAJ.1(;£1{ :,NAC.L ee ~o, UNRE.•T«NtltO,~ IJOTl!D 0,->IEflWISE:, A TYPE. N ~TRUCTl.llt.Al. A.11,iCJ(, .. MU4t MOOl'1~0 A5 'SHOWN l#J 0CT~j'HISl3 e,•t,,lt.L ..1c.w as .u,1-0, 2 . WAtJ</Nf. ~U°'"FACIE f'OI'( otHElt tw,S.~Tf.lf'S ~/MIC.AIC. AREA KEY PLAN SCAL£1 t• • 401 A B C ' L c'(P~ OA~~L ...... ~~p~y'----~ P/Pe GALL~RY 8~Lt:>l'Y .DIGESTER BOTTOM PLAN EL. 484.00 SCALE • 118"• I'• 0 ~ '·~NOWN-CAlOWlll AltN V'fA-,, __ /_, _., D E F G . H ZOMf lY OlSCMPllON IY PAH m . : rg,r,:::a f fl.2.~ omONID~ ... -.. mo rr ... < l>AT~,,._,,___ VILLAGE CREEK WWTP SLUDGE MANAGEMENT PROJECT i,Q~ I ~,,,, /~ . CITY OF f"QftT WOftTH ·~· 1.'4 ·.rar\J'i,MUI MINIC HOU.-. ,~.lfWOIIITM,flD(/1,1 OATt~ CHECKIO---M'tfllOV(D ~ .OA 'J,I DIGESTERS AND THICKENERS lt.~lt11[ .. ! !U1J\.l~[:::::,......=::::::J. -~°";.; •• ~~""~"!z};"'!!.!'~«~00~.P~-"'5':;;;;-J.I.:::;~;:::~-~=::'.'.:_=;_~:.-: ::.::::JL,,....---~!;~:!!:;~!:!::'..:.!!!:.::~!!:~----,-.l-----,,------...,.-.::.::.::::.__....,,,_ ____ -:,..---...a:::::.:;;;;;,;===== ' ,, 4 r 3 11 · ,c D '10 1·0 DI.. El.. TB.B7 TYA FON GUloe E e/ L'5'(1 #JoT SHOWN FOR cLA~ITY. ~S..£ OWG Mt"81(;, EL.454,0 .J!I., 454.& ~ see ow'1. c;.9 11~~ 8~4 ro ,'!!!/MP CTAi/0/J. 010E9TER ILLUSTRATIVE SECTION SCALE• 3/IIS"• 11-0 CITY OP FORT WOIITH VILLAGE CREEK WWTP SLUDGE MANAOEIIENT PROJECT DIGESTERS AND THICKENERS D E F G H filYll!OHt lONE r.t\t ® -~e~~AINr rm l'o.e Alt ,P/,P/NQ Ar u.41.l _,,,,,~~ ----+!11-Hi---O,'l'!Jer pv,e ct.AM~ TYP. Be~ O~/., PWO. MQ ----CCNC. 011AIIY'AOe . Dl1'CH se~ OJYOI G-9 ~----l/l"TWG> /fANDU ~----~~~;t~!'CJ"~~ ,r-----2/i'(/ ""490l6G'{A.I'~ ,o,/'e {'GCH ,!JO l!N.l' $7t.) 'filJ'i=i''----,r<1 (;AG l<(etL (.~&"frc) r-<,-----~f/z'THNEADcP ~~~. 11 ~1~!Cff f,~"a~%RAf~--------141£/.00/.£T F PH£S5tMe ~/Nt,------~ftllll CA~~6T---------Rl!TAJ/Ve~.,e/N&------• Glllll.-,1=---i rop OP cow,.e GAS DISCHARGE ASSltMULY DETAIL @ NO SCALE DIGESTER TAN~ SECTION G D H H/P./· 4 3 1 ,J t ·1 I . I ! Digester Volume Grit vol number of gallons cu yd Grit% cuyd 20yd rolloff Dig. No. 9_ 1,403,778 6 ,950 46% 3,197 160 2 1,140,490 5,647" 45% 2,541 127 3 1,403.778 6,950 44% 3,058 153 12 1,403,778 6,950 43% 2,989 149 " 11 1,403,778 6,950 42% 2,919 146 . 5 1,403,778 6,950 38% 2,641 132 10 1.403,778 6,950 38% · 2,641 132 14 1,403,778 6,950 37% 2,572 129 4 1,403,778 6,950 35% 2,433 122 7 1,403,778 6,950 35% 2,433 122 8 1,403,778 6,950 32% 2,224 111 6 1,403,778 6,950 31% 2,155 108 13 1,403,778 6 ,950 29% 2,016 -101 1 1,140,490 5,647 18% 1,016 51 Total 34,834 1,742 Dig esters Digester Diameter Depth Volume Volume Number (feet) (feet} (cu ft) (gallons) 1 80 27 135,716 .8 1,015,230 2 80 27 135,716 .8 1,015,230 3 90 27 171,766.6 1,284,900 4 90 27 171,766 .6 1,284 ,900 5 90 27 171 ,766.6 1,284 ,900 6 90 27 171,766 .6 1,284,900 7 90 28 178,128 .3 1,332,489 8 90 28 178,128 .3 1,332 ,489 9 90 28 178,128.3 1,332,489 10 90 28 178,128.3 1,332 ,489 11 90 27 171,766 .6 1,284 ,900 12 90 27 171,766 .6 1 ,284,900 13 90 27 171,766.6 1,284,900 14 90 27 171 ,766 .6 1 ,284,900 BlendTnk 70 27 103,908 .2 777 ,285 Digesters Digester Diameter Depth Volume Volume Number (feet) (feet} (cu ft} (gallons} 1 80 27 135,716.8 1,015,230 2 80 27 135,716 .8 1,015,230 3 90 27 171,766 .6 1,284,900 4 90 27 171 ,766.6 1,284,900 5 90 27 171,766.6 1,284,900 6 90 27 171,766.6 1,284,900 7 90 28 178,128.3 1,332,489 8 90 28 178,128 .3 1,332,489 9 90 28 178,128 .3 1,332,489 10 90 28 178,128.3 1,332,489 11 90 27 171,766 .6 1,284,900 12 90 27 171,766.6 1,284,900 13 90 27 171 ,766.6 1,284,900 14 90 27 171,766.6 1,284,900 BlendTnk 70 27 103,908 .2 777,285 � A i _ 0 z J 0 ¢ � z V _ j � �� 4 � 3c�Ac � ryP 2 SAMALE � TUBES� TYf i 7 �°G,QGES � 60 ��ACCEE A�1 i �. � 3 2 � B � C � � . � . 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L�8 /4�B /�B " . � � i ,. ,. ._. . . - ,'R� �''%%F Fcis7cK��:�s . t z5.a�9{s��j�pJ T . . , _ - _ . ,�� i��N�l\�,t£ �py�'�.� ,A..l-�� 7/�� _ BC:7877 CITY OF FOAT WORTH DRAWING NUMBER �- D�j FILEFN:BCF834�/ DESICiNEO SU6MITTED ��----- oqTed��/ � bIGESTER BROWN�xoCALDWELL �domtventure �/, �_[ VILLAGE CREEK WWTP SLUDC�iE MANAGEMENT PROJECT /� • �('v�FNEESEµoNICHOLS,�xe FORTWOHTH,TEXAS DATF b�a?%� CHECKE^ APPRO�(E�_t%��""`�'T'�— DATE Z� ',�T.'r..,"`"'.??.z.'.,_T?'."�,'.�..'?"4f.±:r:t,'-'-..•__2'9":"�"��" � � S( H I"Y _�, �� DRAWN�✓/��LL CHECKE^� / A• ��GES3'ER�:AI�t�-�'=(�ICfC-�NERS # PLAN ' � SECTION � . .. . _ . .. . . , SHEE7 � I D �`. A I r. B I. C � p- �.. :... . , E_ _. I � F I G ( : H - � c I-�-a' j :12" '8"'s• I' I 6� 4' - - 3-tQBors � ' �BTieEb� Q=�'STie �i-': . - . �`� "Cv�s-� �' � ` 8�"C./.� - � ._ _ � � - • " • Sludq� " -0 7h� ' 2Y?' � :-, � . . .Q ' e ... j' . . ..:F' m -- �..,6'. . ,.,e .�r, '�p: . - ..�� ELEVATION . , �ECT/ON CON . 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' ! t�• •: , c . . . .•. , - % � -:__ . . 5�.MILLION GALLON v. . naY Ex�arr 1ort. :. D.I�ESTER:::. A:REA `::LA:Y(�.1�7",;.:.:�.';:°.;:`_. _..` =:��<_..:;� ` � - �' - '�.D�� - RE.VISION. �_.. � . _ -:6r. . . CHECNEo,,.� � _ , . . � .; . FORT:. WOAiH� TQXAS. � ' - � - _.. _. , � . : . - . . . ' ' � . .., . . . ... .. . ... _ 0 _ - ' " _ . . , , . . . . . . . . �. � . � . ; -. .-... . .. --' ' . � . - - .. ..... . .. ,:�. . - . . � . , - . . . - -" ' . , - - _ . . . , . _._. .- �_�� - - - - . . ... .. . . . .. . , , . . . . - - � - - - , .. . . .. �. . . _ . .. . � . _. - � .. ..� � : . .. ... : - - �.: � . . . . - -- - - ' . . . ' PROIECT NO 1 �6 16:000 1042: ".' . -.� '.. . .:'. . ...' . .; ,.`�� '� ; � : ._.... . . . __.. _. �.. .. . .. , , : � � '- -.,. _ _. - . . . - _ . - _ � . . 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