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Home My WebLink About025417 - Construction-Related - Contract - Southern Paradise, Inc.� ��I � � � 0 � 0 � � � N �, Q s a �, N 1 `�"2��y�`1.,V , i � �� v 1� % � � SP]ECIFICATIONS AND COl�TTTRACT DOCUM]ENTS �;Il'� SEC%ETAR�' FOR �O�'��RACT NO. ?� �' REPLACEMENT OF RECLAMATION PUMPS TO SER�E NORTH HOLLY WATER TREATMENT PLANT FORT WORTH WATER DEPARTMEI�T Project No: PW53-060530500070 � 0 iL�J I�! � � 0 � �� FOR.TWOIZTH, . . . .- _ i:.-- AUGUST 1999 FORT WORTH WATER DEPARTMENT ��;i=f�i �1 �°,i,. I';�� rlil' �� R��ARY ��" �'T" '�r�X E�-�, �;a�� J �PECIFICATIONS AND CONTRACT DOCUMENTS FOR REPLACEMENT OF RECLAMATION TO SERVE NORTH HOLLY WATER TREATMENT PLANT FORT WORTH WATER DEPARTMENT Proj ect No: PW53-0530500070 �'ORT�ORT�-Io � - _�, -- , �..:— AUGUST 1999 FORT WORTH WATER DEPARTMENT � ��.. O � � a D D, a U a U � � � � � � � � � Table of Contents Notice to Bidders Special Instruction to Bidders Proposal Minority and Women Business Enterprises Specification General Condition Supplementary Condition Special Condition Special Specification: ■ 01010 ■ 01030 ■ 01650 ■ 02050 ■ 03100 ■ 03200 • �55�� ■ 11310 ■ 14350 ■ 14351 ■ 15117 ■ 16010 Summary of work Special Procedure Starting System Demolition Concrete Formwork Concrete Reinforcement Miscellaneous Metals Submersible Wastewater pump Trolley Hoists. Fiberglass Fabrication Air Release valve and vacuum Valves Electrical General provision Certificate of Insurance/ Bonds Contract Part A A B B C �S D E F G � � ��/ W � � � �� Q �'..� Q � � � � � �� l�l ��, L�' � � L�J � NOTICE TO BIDDERS Sealed proposals for the following projects: North Holly Water Treatment Plant Replacement of Reclamation Pumps to serve North Holly Water Treafinent Plant Project Number PW53-060530500070 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Office of the Purchasing Manager, City of Fort Worth, located in the lower level of the Fort Worth Municipal Building, 1000 Throckmorton, Fort Worth 76102, Texas until: 1:30 PM, Thursday, September ' -1999 And will then be publicly opened and read aloud in the City Council Chambers at 2:00 PM that same day. Prequalification of Bidders according to the Fort Worth Water Department Contract Specifications is required. Special Contract Documents, including site location map and detailed specifications, may be obtained at no cost at the Engineering Office of the Fort Worth Water Department, City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. General Contract Documents and General Specifications for the Water Department � projects, dated January 1, 1978, with amendments, also comprise a part of the Contract Documents for this project and may be obtained by paying $50.00 for each set, at the Engineering Office of the Fort Worth Water Department. L!'� LJ � L�J C The City reserves the right to reject any or all bids and waive any of all irregularities. No bid may be withdrawn until the expiration of 90 day's form the date bids are received. A Pre-Bid Conference will be held at 10:00 am Au�ust 26,1999, at the Fort Worth North Holly Water Treatment Plant Training Room, 920 Fournier Street, Fort Worth, Texas, 76102 � Publication: � l�l Robert Terrell City Manager Gloria Pearson City Secretary Au�ust 12, 1999 Au�ust 19, 1999 l� L'J l�J � �J � � LJ L�J l_�J � L.'� L�J L1 Ll L�!1� � � � � � SPECIAL INSTRUCTIONS TO BIDDERS 1. PREQUALIFICATION REQUIREMENTS. All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, current financial statement, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or 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. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in the work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department. shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bid received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City, in its sole discretion, may reject a bid for failure to demonstrate experience andlor expertise. fl Any proposals submitted by a non-prequalifed bidder shall be returned unopened, and if inadvertently opened, shall not be considered. g) T'he City will attempt to notify prospective bidders whose qualifications (financial or experience) aze 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 prequalification. 11. BID SECURITY. 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 A-1 L�1 u C�� L�J on the bond, (1) the name of the Surety Company shall be included on the current U.S. Treasury list of acceptable sureties, or (2) the surety company must have capital and surplus equal to ten times the limit on the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the U.S. Treasury list or one-tenth (1/10) the total capital and surplus. 12. BONDS. A performance bond, a payment bond, and maintenance bond each for one hundred (100%) percent of the contract price will be required. Reference C3-3.7. 13. 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 proj ect. • u � L�J � Ls'� �� 14. 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. 15. 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) 16. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statues, the City of Fort Worth will not award this coritract to a nonresident bidder unless the nonresident's bid �s lower that the lowest bid submitted by a Texas resident bidder by the same amount that a Texas resident would be required ta underbid a nonresident bidder to obtain a compazable 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. L�I This provision does not apply if this contract involves federal funds. �j The appropriate blanks of the Proposal must be filled out by all nonresident bidders in ij order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. � � � L�f �� 10. 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. 11. 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, adv.ancement or discharge of employees or in connection with the terms, conditions or privileges of A-2 lJ u C�J � LiJ L�J ��] � LJ � � � L;l L#J l�J � L�J � � 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 in the performance of this contract. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES:. In accordance with the City of Fort Worth Ordinance No. 11923, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of these Ordinances can be obtained from the Office of the City Secretary. In order for a bid to be considered responsive, the bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTR.ACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("Documentation") as applicable. The documentation must be received no later than 5:00 PM, 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 a 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 A-3 � D Q � � � � � � � � � � � � � � � � an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the 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 (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. 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. 13. PRE-BID CONFERENCE: A Pre-Bid Conference will be held at 10:00 AM, Au�ust 26, 1999., at the Fort Worth North Holly Water Treatment Plant Training Room, 920 Fournier Street, Fort Worth, Texas, 76102. A-4 � � � S � � � � � � � � � � � � � � i � � TO: Bob Terrell City Manager Fort Worth, Texas � L�I LiJ Fort Worth, Texas PROPOSAL FOR: furnishing of all materials and equipment and labor and all necessary appurtenances and incidental work to provide a complete and operable project designated as: North Holly Water Treatment Plant Washwater Pump Station Rehabilitation Project Number PW53-060530500070 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, � fizrnish all the labor, equipment and material, except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the plans and contract Documents � and subject to the inspection and approval of the Director of the City Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and � such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: L�J � � �� L�J � L�J LJ u ITEM APPROX. DESCRIPTION OF ITEMS WITH NO. OUANTITY BID PRICES WRITTEN IN WORDS BASE BID — PUMP STATION 1 1 LS Remove existing pumps and piping, modify existing pump station, install three (3) submersible pumps with appurantences ,piping and controls, complete, in-place and operational �,�� +-��Dollazs �� UNIT PRICE '��O,00 o .o�/LS TOTAL AMOUNT BID $ ��,oaa '" and /r-o Cents/LS 2 1 LS Install jib crane with motorized hoist, '��Xlv al /LS $�Odo , oa complete with foundation and electrical controls. � �� ,�,,�.��_Dollars and �,,p Cents/LS PART B - PROPOSAL TOTAL BASE BID $ o2'�id � l.l�% • va Q B_� � � lJ Ll L+�J � � I�J ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT PRICE NO. OUANTITY BID PRICES WRITTEN IN WORDS ALTERNATE BID ITEMS � 3A 1 LS Deductive Alternative for using chain hoist in lieu of Motorized Hoist on Jib Crane. . Dollars and Cents/LS 4A 1 LS Deductive alternative for using an approved alternative for Flygt Pumps. Dollars and Manufacturer Cents/LS TOTAL DEDUCTIVE ALTERNATIVES � � The City reserves the right to award the Contract to the low, responsive, responsible bidder for the total base bid and any deductive alternatives. The Low Bidder will be determined based on the total base bid. � � � 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 undersigned bidder certifies that he has been furnished at least one set of the General � Contract Documents and General Specifications for Water Department Projects dated January 1, 1978 and all addendum thereto, and that he has read and thoroughly understands all the D 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 m � either fu.rnishing 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 90 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. TOTAL AMOUNT BID /LS $ /LS $ � B-2 0 0 � � � � � � � � � � � a � � � � � State of Residency: (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of . Non resident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. � Non resident bidders in the State of , our principal place of business, aze 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 following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) � Addendum No. 2 (Initials) Addendum No. 3 (initials) Signature of Principal Seal If Bidder is Corporation Date: Title or Position Contractor Street City, State Zip Telephone Number � city of Fort wortn Minority and Women Business Enterprises Specifications SPECIAL INSTRUCTIONS TO BIDDERS APPLICATION OF POLICY :i� ihe �oiai dollar vaiue of the cantract is $25,000 or. more, the MWBE goals are applicable. lf the total dollar value � of the cai�tract is less than �a25,QOO,'the MWBE goals are not applicable ` POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of qualifled M/WBEs which provide goods and services directly or indirectly to the City: MNVBE PROJECT GOALS The City's MBE/WBE goal for this project is �% of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On the City contract of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated Minimum MNVBE goals, or 2. Good Faith Effort documentation, or, 3. Waiver documentation. SUBMISSION OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. M/WBE Utilization Form 2. M/WBE Goals Waiver Form 3. M/WBE Good Faith Effort Form received by 5:00 PM, five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 PM, five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 PM, five (5) City business days after the bid opening date, exclusive of the bid opening date. �" ��FAlt��jFh�T S_�N�P�►Y V}I�T� j THE CITY'S' M1VjIBE �RDIIyANCE. WIL�: g,�rS�i,T 1N T� jE ��P BEING E�� . � �� ,_ � __�� .�,.CONSIQ�R�.0 �ION-RESPONSlV'E TO SPEG�FIGATIONS ;_: }'��,, ,,,,��?��; Any question, please contact the M/WBE Office at (817-871-6104) Rev. 6/2/98 ATTACHMENT 1A PAGE 1 of 2 city of Fort wortn Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION FORM � ^�A � �. .. w� PRIME COMPANY NAME PROJECT NAME I CITY'S MNVBE PROJECT GOAL BID DATE PROJECT NUMBER I M/WBE PERCENTAGE ACHIIEVED Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after the bid opening, exclusive of the bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to specifications. Company Narrte, Contact Narne, '•Certified Specify All Contracting -- Specify All Items to be ' Dollar Amount � Address, and Tefephone No. Scope of Work(*) ; Supplied("} o--� � ¢ `~ � F— � � OT a'v � � �X � � � ,� ' � �� t-- . - Z �— ' : f f�"��,n' , �Y� s a . �, ��.y,�� ae k�� a b� �t-N . A ., �e�.3 a, , . �w�. . . `� '�{`�"s�i � �."S%� A . . �-�`�� '3'9l .. .. it _ . . , '? .. �". , I-,. ..-M/WBEs must be located in 9(nine) county marketplace or currently doing business in the marketplace at the time of bid. (`) Specify a(t areas in which M/WBEs are to be utilized and/or items ta be supplied. ' `� (') A Complete listing of items to be supptied is required in order to received credit toward the MlWBE Goal. (`"} Identify each Tier level. Tier. Means the level of subcontracting below the prime contractodconsultant, i.e. a direct payment from the prime contractor to subcontractor is considered 15' tier, payment by a subcontractor to its supolier is considered 2nd tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF BID OPENING DATEOPENING Pages 1 and 2 of Attachment 1A must be received by the Managing Department Rev. 6/2/98 ATTACHMENT 1A PAG E 2 of 2 city of Fort worth Minority and Women Business Enterprise Specifications �; Company Name, Contact Narne, ."�'--Cettifietl � S�iecify'All Coniracting '�; Specify AUltier�is ta be .' �� Dollar Arriaunt �� Address, and Telephone No �.._ � Scope of W�rk("} e� Supplied('�) n�,--. F� � Q� .� �,� �� t��, v � O �y ;� � � . + .� Q N � � � � � T � � �' � � � , , r cn F- � p '' � ��,�;;,. �Z , , � ��`�"� -��,:z�'��, ��,� � . ^ �, , . . Y� . , � I... 1 ' ,. ., w ?3" - k � 'X"� _ ... ., . .. .. .. .e .... . ..... . .....a . .. . . . . '�" . ... N . .. � _ `'�t,�#� The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE (s) andlor WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD Authorized Signature Title Company Name Address City/State/Zip Code Printed Signature Contact Name and Title (If different) Telephone Number (s) Fax Number Dete "PFIIS FORM i�II�ST I3F: RECEI� ED l3ti' "fliE h1AtiAGItiG DEPAR'I'MEN"I' l31" 5:00 p.m., FIVE (5) Cl7l" BUSINEtiS D:�l S:IFTER B[U OPENING, EXCLUSIVE OF BID OPENING DATEOPENING Rev. 6/2/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 16 Page 1 of 1 Ci_ty of Fort Worth Minority and Women Business Enterprise Specifications Prime Contractor Waiver Prime Company Name Bid Opening Date Project Name Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure ta complete this form in its entirety and be received by the Manapans�' Deqartment on or before 5:00 q.mA �iYe' ��) City }��siness day� aj��r„�id 9pe�irl�� exctusive of the bid opening date, will resulf in the bid being considered non-responsive to bid specifications. ' Will you perform this entire contract without subcontractors? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s) and/or WBE (s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Title Company Name Address Printed Signature Contact Name (if different) Contact Telephone Number (s) Fax Number Rev 6J2l98 ATTACHMENT 1C Page 1 of 3 Cit�y of Fort Worth Minority and Women Business Enterprise Specifications GOOD FAITH EFFORT Prime Company Name Project Name Bid Date Project Number If you have faated ta`secure MNIfBE Participatic�n and you have subcontracting and/oc supplier oppartunities or af your;� MJWBE participation is less'than the City'� project goal, you must complete this form. " � � If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a"good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure ta complete this fc�rnn in its "entirety with its supporting documentatian and be received by the Managing Department an or before 5D00 p:m. five (5) City business days after bid opening,`exclusive of the bid opening date, wilf result in the bid being considered nan-responsive to bid specificatians. ' _ 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS) which will be used in the completion of this project, regardless of whether it is to be provided by a M/WBE or non-MNVBE. (Use additional sheets, if necessary) List of : Subcontractinq Opportunities List of : Opportunities Supplier Rev 6/2/98 ATTACHMENT 1C Page 2 of 3 2.) Did you obtain a current list of M/WBE firms from the City's M/WBE Office? The list is considered in compliance, if it is not more than 3 months old from the date of the bid opening. Yes Date of Listing ! / No 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to the bid opening by mail, exclusive of the day the bids are opened? Yes If yes, attach M/WBE mail listing to include name of firm and address and a No dated copy of the letter mailed. 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to the bid opening by telephone, exclusive of the day the bids are opened? Yes If yes, attach list to include name of M1WBE firm, ep rson contacted No phone number and date and time of contact. Note: A facsimile may lbe used to' comply with either 3`or 4,' but may not be used for both. If a .. facsimile is used, attach a fax confirmation, which is to provide M/WBE name, date, fax number and documentation faxed. ' `Nat� .'a` if a SiC list `r�f lWIIVI(SIE is' ter�, �r I�s�, th�: bidd�r must coratact 'the er�trre, list to; be in _ +c�rripliaince �uvith q�uesticrns 3`ar�df 4. C� a a8G li�t o� 110/W�E es mr�re thar� 1�, the bidder ��tst-contact; � � � � �� v �� `at 1�as� tuvo-thirds �f #h� I�st; but nat iess tl�an ten tea';be ir� campNianc� with questions 3 and 4: .';�_ 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in arder to assist the M/VNBEs? Yes No 6.) If the MNVBE bids were received and rejected, you must: (1) List the M?WBE firms and reason(s) for rejection (i.e. quotation not commercially reasonable, qualifications, etc.) and (2) Attach affidavit and/or documentation to support the reason(s) listed below (i.e. letters, memos, bids, telephone calls, meetings, etc.) (Please use additional sheets, if necessary, and attach) Company Name Telephone Contact Person Scope of Work Reason for Rejection ADDITIONAL INFORMATION: Rev 6/2/98 ATTACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M/VNBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment therefore and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Title Company Name Address City/State/Zip Printed Signature Contact Name and Title (if different) Contact Telephone Number (s) Fax Number Date Rev 6/2/98 L� u ORDINANCE NO. 11923 � REPEALING ALL MINORITY AND WOMEN BUSINESS ENTERPRISE POLICIES AND DISADVANTAGED BUSINESS ENTERPRISE POLICIES - PREVIOUSLY ADJUSTED; ADOPTING AN ORDINANCE TO RENIEDY THE UNDERUTILIZATIOI� OF MINORITY AND WOMEN BUSINESSES, � AND TO ENHANCE THE UTILIZATION OF SAME; DEFINING MINORITY BUSINESS ENTERPRISE, AND WOMEN BUSINESS ENTERPRISE FOR PURPOSE OF CERTIFICATION; REQUIRING MINORITY BUSINESS � ENTERPRISE AND WOMEN BUSINESS ENTERPRISE PARTICIPANTS TO BE QUALIFIED AND DOING BUSINESS IN LOCALITY FROM WHICH THE CITY REGULARLY SOLICITS; ADOPTING THE U.S. SMALL � BUSINESS ADMINISTRATION'S DEFINITION FOR A SIZE STANDARD; ESTABLISHING SEPARATE GOALS FOR MINORITY BUSINESS ENTERPRISES AND WOMEN BUSINESS ENTERPRISES IN THE SPECIFIC � AREAS OF CONSTRUCTION, PROFESSIONAL SERVICES AND PURCHASING; ESTABLISHING PROCEDURES FOR PROJECT SPECIFIC GOALS; PROVIDING GENERALLY FOR THE PROCEDURES TO BE FOLLOWED IN THE BID/PROPOSAL PROCESS; REQUIRING BIDDERS � TO SUBMIT DOCUMENTATION OF COMPLIANCE IN ORDER TO BE RESPONSIVE TO BID/PROPOSAL SPECIFICATIONS; ESTABLISHING WAIVER OF GOALS PROCEDURES; ALLOWING FOR DEBARMENT FOR �'] MISREPRESENTATION OF FACTS AS IT RELATES TO COMPLIANCE; }„� PROVIDING SEVERABILI'�Y CLAUSE; AND PROVIDING AN EFFECTIVE DATE. � � WHEREAS, the City Council commissioned an Availability/Disparity Study � (Study) conducted by Browne, Bortz & Coddington, Inc. (BBC) and •��., a Public Hearin Hearina conducted b Carl Anderso g� b) Y n, Esq., and found disparities in the utilization of minority and women business � enterprises in contracts awarded by the City of Fort Worth (City); and � WHEREAS, the Study and Hearing found that discrimination occurred in the major contracting areas (construction, purchasing, and professional services) of the City of Fort Worth and resulted in significant ,� underutilization o� minority and women business enterprises; and � WHEREAS, minority and women business enterprises have had and continue to have difficulties in obtaining financina, bonding, credit, insurance, and assistance programs have not been effective in either remedying �the effects of underutilization in City contractinQ or in � preventin� _ ongoing underutilization; and y � WHEREAS, the Study and the Hearing determined that race-neutral alternatives for enhancing minority and women business,e�terprise contractinQ are not completely sufficient; and � � L�l � l� li� Li WHEREAS, the City has also been a passive participant in discriminatory behavior practiced by private industry within the relevant Marketplace in the award of contracts to minorities and women businesses, the purpose of this ordinance is to overcome the effects of this past underutilization and prevent any ongoing discrimination in the City's contracting processes; and WHEREAS, the provisions of this ordinance may increase the utilization of �'"j minority and women business enterprises in contracts awarded by �-� the City of Fort Worth; and � �! lsJ l!! WHEREAS, the City Council now desires to provide a narrowly tailored remedy for past underutilization of minority and women businesses through the annual setting and defining of percenta�e goals for different categories of contracts, providing penalties for fraudulent misuse of this ordinance, requirin� regular review of the necessity for the provisions of this ordinance, limiting those minority and women's business enterprises that participate under this ordinance to those that qualify and do business in the City's Marketplace, providing for post bid submission of required information about minority and �vomen business enterprises and establishing waiver of goals . procedures; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY C� � � � � L: � OF FORT WORTH, TEXAS, THAT: SECTION 1. It is the policy of the City of Fort Worth to attempt to provide a remedy for past underutilization of qualified minority and women businesses and prevent ongoing underutilization of. minority and women business enterprises in the City's contracting process by ensuring the full and equitable participation of minority and women business enterprises in the provision of Qoods and services to the City on a contractual basis in the manner identified in Attachment I of this ordinance. � � �� L�: LJ � l�l SECTION 2. The ultimate Qoal of this ordinance is to remedy the effects of past underutilization in the Marketplace by increasing the use of minority and women business enterprises above the present low level to one more comparable to their availability in the Fort Worth Marketplace. The City Manager shall set an annual goal for MBE and WBE participation in City procurement activities, based upon the availability within the Marketplace. The initial goals, based upon availability, shall be thirteen percent (13%) for minority businesses and twelve percent (12%) for women businesses and shall be reviewed as provided for elsewhere herein. These goals are not quotas. a �r� � ,I�r �� . SECTION 3. The provisions of this ordinance shall apply to all contracts a�varded by the City, except as may be hereafter specifically exempted, and shall be liberally construed for the accomplishment of its policies and purposes. Specific goals shall be established in the areas of construction, professional services and purchases of other goods and services. Goals may be set on individual projects based on the type of work or services to be performed, or goods to be acquired and the availability of minority and �vomen businesses in the City's Marketplace. SECTION 4. The provisions of this ordinance shall be considered in determinin� the responsiveness to specifications of offerors to the � bid/proposal. The City shall consider the offeror's responsiveness � � -3- l'_J '� � � CI ,�d � LJ [�! � � R � Ll l�J ��, � L•'`.7 [fl � to this ordinance in the evaluation of bids/proposals and shall award contracts to the lowest responsible offeror meeting the specifications, inclusive of compliance to this minority and women business enterprise ordinance. SECTION 5. Debarment procedures shall be established for firms willfully misrepresentinQ the facts in compliance with this ordinance to the City. . SECTION 6. Waiver procedures to the regulations established in this ordinance shall be provided for City procurement activities where a public calamity requires the emergency expenditure of funds; the purchase of goods or services from source(s) where subcontracting or supplier opportunities are nonexistent; where an economic risk or undue delay for the acquisition of goods or services will be imposed on the, City, or when the availability of minority and women businesses is negligible. SECTION 7. From and after the date this ordinance takes effect, it shall supersede all previous City Council Policies affecting minority and women business enterprise and disadvantaQe business enterprises. SECTION 8. The City Manaaer, with the ad�-ice and counsel of the Disadvantaged Business Enterprise Advisory Committee ("DBEAC") in accord with City of Fort Worth Resolution No.1148, is hereby � L! O � � � l!J C � � � .�,;: �- L� l� L1 � � �� authorized to establish, implement and administer re�ulations necessary to carry ou�t the intent of this ordinance. SECTION 9. The City Council shall regularly, at least every three (3) years, determine whether� there is a continuing need for a minority and women business enterprise program, make relevant findings, and, if necessary, repeal in whole or in part or enact appropriate amendments to this ordinance. SECTION 10. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of colmpetent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by .the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11. This ordinance shall take effect and be in full force and effect from on and after June 1, 1995: pro��ided, however, that this ordinance shall not affect any procureme�nt activity where formal solicitation beQan before the effecti�-e date of this ordinance, and it is so ordained. � . �� i � � � �. � I APPROVED AS TO FORM AND LEGALITY: C i t y A t t o r n e y: Gary Steinberger, Assistant City Attorney Date Original Signed: APRIL 19. 1995 Date Adopted by the City Council: APRIL 18, 1995 Date Effective: JLTNE 1, 1995 � � � C ■I I� ,�. C' �� L■J � LJ � � � L�J ��1 U L� � �� L�I ORDINANCE NO. 13471 AN ORDINANCE AMENDING CITY OF FORT WORTH ORDINANCE NO. 11923 BY AMENDING SECTIONS 2, 3, AND AMENDING ATTACHMENT i; PROVIDlNG A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: SECTION 1. Section 2 of City of Fort Worth Ordinance No. 11923 is hereby amended to read as follows: The ultimate goal of this ordinance is to remedy the effects of past underutilization in the Marketplace by increasing the use of minority and women business enterprises above the present low level to one more comparable to their availability in the Fort Worth Marketplace. The City Manager shall recommend an annual goal for MBE/WBE participation in City procurement activities, based upon the availability within the Marketplace. The goals, based upon availability, shall be thirteen percent (13%) for minority businesses and finrelve percent (12%) for women businesses and shall be reviewed as provided for elsewhere herein. These goals are not quotas. SECTlON 2. Section 3 of City of Fort Worth Ordinance No. 11923 is hereby amended to read as follows: The provisions of this ordinance shall apply to all contracts awarded by the City, except as may be hereafter specifically exempted. Where contracts involve the expenditure of federal or state funds, the state or federal policy related to MBE/WBE or DBE participation may take precedence over this ordinance. The provisions of this ordinance shall be liberally construed for the accomplishment of its policies and purposes. Specific goals shall be established in the areas of construction, professional services and purchases of other goods and services. A goal may be set on individual projects based on the type of work or services to be performed, or goods to be acquired and the availability of minority and women businesses in the City's Marketplace. SECTION 3. Attachment I to City of Fort Worth Ordinance No. 11923 is hereby amended to read as follows: � City Council approved June 2, 1998 C� � � L�l � CJ l�l L�J � L�J � ATTACHMENTI I. DEFINITIONS 1. "Applicable Contract" means any contract of $25,000 or more for construction projects and professional services and $15,000 or more for purchase agreements, as well as any other contracts that the City Council or City Manager deem appropriate. 2. "Certified" means those firms, within the Marketplace, that have been determined to be a bonafide minority or women business enterprise by either the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TxDOT), highway division. In the event of denial of certification by either of these entities, the City reserves the right to grant its own certification for use in City contracts. 3. "City" means the City of Fort Worth, Texas. 4. "City business day" means Monday through Friday, inclusive, excluding legal holidays. Legal holidays shall be observed as prescribed by the City Council for observance as follows: New Year's Day M. L. King, Jr. Birthday Memorial Day Independence Day Labor Day Thanksgiving Day Thanksgiving Friday Christmas Day January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 When one of the above named holidays falls on a Saturday, the holiday shall be D observed on the preceding Friday. When one of the above named holidays falls on a Sunday, the holiday shall be observed on the following Monday. � I �J � L�J � � �J 5. "Construction" means the erection, rehabilitation, alteration, conversion, extension, demolition, improvement, remodeling or repair to any real property, including streets, storm drains and facilities providing utility service owned by the City. 6. "Contract" means a binding agreement whereby the City either grants a privilege or is committed to expend or does expend its funds or other resources for or in connection with a) construction of any public improvement, and b) purchase of any services (including professional services). The term includes "purchase order". 7. "Contract Officer" means the person employed by the City to oversee the performance of the contract. 8. "Contracting Department" means the department responsible for payment of contract obligations. City Council approved June 2, 1998 � u u L�J 9. "Contractor" means the Offeror with whom the City has entered into an agreement. Includes the terms "Vendor" and "Prime Contractor". 10. "Coordinator" means the administrator of the MBE/WBE Office. 11. "Goal" means the percentage of minority business enterprise and/or women business enterprise participation on an applicable project as determined by the City, based on the availability of such businesses in the marketplace and the subcontracting/supplier opportunities of the project. � � 12. "Good Faith Effort" means having absence of malice or any intentions to deceive, good intentions and sincerity to meet the goal of this ordinance. Documentation submitted by the Offeror to explain why its good and honest efforts did not meet D or exceed the stated Goal. Compliance with each of the following steps shall satisfy the Good Faith Effort requirement absent proof of fraud, misrepresentation, or intentional discrimination by the Offeror: l'J � � 12.1. List each and every subcontracting and/or supplier opportunity for the completion of this project. 12.2. Obtain a current (not more than three (3) months old from the bid open date) list of MBE/WBE subcontractors and/or suppliers from the City's MBE/WBE Office. 12.3. Solicit bids from MBFJWBEs, within the subcontracting and/or supplier 0 areas previously fisted, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened. �� L�l L�J � � l�J � � 12.4. Solicit bids from MBE/WBEs, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened. Note: A facsimile may be used to comply with either 12.3 or 12.4, but may not be used for both. Note: If the list of MBE/V1fBEs for a particular subcontracting/supplier opportunity is ten or less, the Offeror must contact the entire list within such area of opportunity to be in compliance with 12.3 and 12.4. If the list of MBE/WBEs for a particular subcontractinglsupplier opportunity is more than ten, the Offeror must contact at least two-thirds of the list within such area of opportunity, but not less than ten, to be in compliance with 12.3 and 12.4. 12.5. Provide plans and specifications or information regarding the location of plans and specification to MBE/V11BEs. 12.6. Submit affidavit and/or documentation if MBE/WBE bids were rejected on the basis of quotation not being commercially reasonable, qualifications, etc. Documents may be requested to be produced for an in camera inspection. � 3 City Council approved June 2, 1998 n 13 � Q 14. a 15. 18. "Minority Business Enterprise" is defined as a qualified business concern located in the Marketplace or providing proof of doing business in the Marketplace at the time of bid opening or the opening of responses to requests for proposals, meeting the following criteria: � 16. "Marketplace" means the geographic market area as defined in the Availability and Disparity Study represented by the counties of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall. Q17. "Minority" means a citizen of the United States or lawfully admitted permanent resident that is Asian American, American Indian, Black or Hispanic. ��. �� L�� LJ L] L�,I "Joint Venture" means an association of two or more persons or businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, skills, knowledge and management in an agreed to proportionate share. "Managing Department" means the department responsible for overseeing the day to day completion of the contract. "Manufacturer" means one that manufactures a product by hand or machinery suitable for uses; the process of making wares. � a. which is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more minority persons; and b. whose management and daily business operations are controlled by one or more minority persons who own it. 19. "Offeror" means any person, firm, corporation, or partnership that submits a bid or proposal to provide labor, goods or services to the City where funds are expended. The term includes the term bidder and proposer. 20. "Procurement" means the buying, renting, leasing or otherwise obtaining or aacquiring any supplies, materials, equipment or services. 21. "Professiona! Services" means services which require predominantly mental or Dintellectual labor and skills, includes, but is not necessarily limited to, architects, engineers, surveyors, doctors, attorneys, and accountants. D22. "Project Manager" see Contract Officer. a 23. "Purchasing" means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services excluding construction and professional services previously defined. � 24. "Qualified" means an individual or business entity having previously performed or received training in the work, industry or profession required. � LJ 25. "Regular Dealer" is defined as a firm that owns, operates, or maintains a store, a warehouse, or other establishment in which the materials or supplies required 4 City Council approved June 2, 1998 � a 26. � 27. L.� 29. "Women Business Enterprise" is defined as a qualified business concern located in the Marketplace or provide proof of doing business in the Marketplace at the time of bid opening or the opening of responses to requests for proposals, meeting the following criteria: 28. "Tier" means the level of subcontracting below the prime contractor/consultant, a i.e., a direct payment from the prime contractor to a subcontractor is considered 1St tier, a payment by a subcontractor to its supplier is considered 2"d tier. l�J � a. which is at least 51 percent owned by one or more women, or, in the case of D any publicly owned business, at least 51 percent of the stock is owned by one or more women; and L� for the contract are bought, kept in stock, and are regularly sold retail or wholesale. "Subcontract" means an agreement befinreen the contractor and another business entity for the perFormance of work. "SubcontractlSupplier Opportunity" means an area where there is more than one MBE or WBE subcontractor/supplier in the market place. b. whose management and daily business operations are controlled by one or more women who own it. � II. PROGRAM GOAL A. A Citywide goal for the utilization of minority business enterprises (MBE) and women � business enterprises (WBE) shall be reviewed and approved annually by the City Council. � � u � � LJ ��1 1. The City Manager shall, on or before October 31 of each year, beginning October 31, 1996, conduct an analysis of the availability of MBEs and WBEs and present to the City Council an annual report on MBE/V1/BE availability and utilization. 2. Based on the availability of MBE/WBEs in the Marketplace and the City's most recent goal attainment and with the advice and counsel of the MWBEAC, the City Manager shall recommend to the City Council a reasonable goal for the remainder of the current fiscal year. . 3. The goal shall be expressed in terms of a percentage of the total dollar value of all applicable contracts awarded by the City. Goals shall be established separately for categories of construction, professional services, and purchasing as well as any other categories that the City Council or City Manager deems appropriate. B. Individual project goal shall be set by the MBE/WBE Office in collaboration with the Contract Officer and Risk Management (where appropriate) p'rior to solicitation. The project goal shall be reasonable and shall be based upon: � 5 City Council approved June 2, 1998 � � � L�l � � �� L�J � �� 1. Specific subcontracting and/or materials opportunities required to complete the project, and 2. The availability of MBE/WBE in the identified subcontracting and/or materials opportunities in the Marketplace. III. COUNTING MBE/WBE PARTICIPATION A. MBE/WBE participation shall be counted toward meeting Goal in accordance with the following provisions: 1. For the purpose of determining compliance with the goal requirements established in this ordinance, businesses will be counted as MBE or WBE only when they have been certified as such prior to a recommendation for award being made to the City Council. a) Any business listed by an Offeror that is not certified at the time of bid/response opening must file an application for certification within a reasonable time for the City to consider the dollar amount towards meeting the goal. b) If a business described in the immediate subparagraph fails to submit an application for certification within a reasonable time, or if the business is denied certification, the Offeror shall be afforded five (5) :City business days to secure additional certified/certifiable MBE/WBE participation, starting the next City business day following the day the written notification was received from the Managing Department. c) Evidence of the additional certified/certifiable MBE/WBE participation shall be delivered to and received by the Managing Department within five (5) City business days after the notification was received by the Offeror, exclusive of the date that the notification was received. � 2. Except as provided for in paragraph 3 below, if the Offeror is ruled non- Dresponsive to the requirements of this ordinance, the Managing Department will provide written notification to the Offeror stating the specific basis for the ruling. The Offeror may submit. documentation that it will either meet or exceed the ostated goal, and may be considered for an award of contract. 3. If the Offeror is ruled non-responsive solely for its failure to identify a � subcontract/supplier opportunity and that opportunity is less than three (3%) percent of the total bid, the Offeror may submit documentation that an MBE/WBE � will be utifized for that subcontract/supplier opportunity, and may be considered for an award of contract. � 4. Documentation required under either paragraph A or B above must be received by the Managing Department within five (5) City business days, exclusive of the date that the Offeror was ruled non-responsive. If the documentation is not a received within the stated time, the Offeror shall be deemed to have withdrawn its bid. The City will not communicate with another Offeror regarding award of the � 6 City Council approved June 2, 1998 II� � `� �i�� ,� contract until five (5) City business days after the original offer has been ruled non-responsive. 5. The Offeror may count toward the goal any tier of MBE or WBE subcontractors and/or suppliers. It is the sole responsibility of th� Offeror to report and document all subcontracting and/or supplier participation d'ollars counted towards the goal, irrespective of tier level. Failure to submit documentation as required in this subparagraph, shall entitle the City to withhold payments until compliance is attained. 6. The Offeror will be given credit toward the goal only when the MBE or WBE subcontractor performs a commercially usef�l function. An MBE or WBE subcontractor is considered to have performed a commercially useful function when: � a) It is responsible for the execution of a distinct element of the work by actually ("1 perForming, managing and supervising the work involved in accordance with �1 normal business practice; and � L�J u LJ � b) When the firm receives due compensation as agreed upon for the work perFormed. 7. The Offeror will be given credit toward the MBE/WBE contract goal only when the MBE or WBE supplier perForms a commercially useful function. A MBE or WBE supplier is considered to have performed a commercially useful function when the MBENVBE supplier is a manufacturer or a regular dealer. 8. Regardless of whether an arrangement between the contractor and the MBE/WBE represents standard industry practice, if the arrangement erodes the ownership, control or independence of the MBE/WBE or does not meet the commercially useful function requirement, the Offeror shall receive no credit toward the goal. 9. An Offeror may count toward its goal a portion of the total dollar value of a � contract with a joint venture equal to the percentage of MBE or WBE participation in the joint venture. L�J �J l�J � � a) The Managing Department must receive the Joint Venture form from the Offeror within five (5) City business days after the date of bid/proposal opening,�exclusive of the day of the bid/proposal opening, for certification by the MBE/WBE Office. b) The MBE or WBE involved in the joint venture must be responsible for a clearly defined portion of the work to be performed, equal to a share in the ownership, control, knowledge, management, responsibility, risks, and profits of the joint-venture. B. Except for joint ventures, the prime contractor and any work performed by the prime contractor is not considered for determining compliance with this ordinance. � 7 City Council approved June 2, ( 998 �i � � � �� u �I�� I� � C. The Offeror may not count toward the goal any agreement with a MBE or WBE that does not meet the requirements of this ordinance. IV. MBE/WBE UTILIZATION REQUIREMENTS A. In addition to the requirements set forth elsewhere, bid conditions and requests for proposals shall include a statement of the MBE/WBE goal estab(ished for the project. B. Bid conditions, requests for proposals, and all other specifications for applicable contracts to be awarded by the City shall require that offers make a good faith effort (GFE) to subcontract with or purchase supplies from MBE and/or WBE firms. Such specifications shall require the Offeror to meet or exceed the stated goal or submit documentation of GFE for all applicable contracts to permit a determination of compliance with the specifications. C. Construcfion and Professional Services contracts and such other contracts which may be competed for under sealed proposal procedures (estimated cost of $25,000 or more) and Purchasing contracts (estimated cost of $15,000 or more) shall be awarded and administered in accordance with the following standards and procedures: Q 1. Competitive bids for applicable contracts shall include the MBE/WBE specifications in the bid specifications. MBE/WBE specifications consist of the SPECIAL INSTRUCTIONS TO BIDDERS, MBENVBE UTILIZATION FORM, (� PRIME CONTRACTOR WAIVER FORM, the GOOD FAITH EFFORT FORM, ��-� and, if appropriate, the JOINT VENTURE FORM. � �� L� a) Competitive bids that equal or exceed the project goal must submit the MBE/WBE UTILIZATION FORM. b) Competitive bids that do not have subcontracting and/or supplier opportunities must submit the PRIME CONTRACTOR WAIVER FORM. c) Competitive bids that have subcontracting and/or supplier opportunities but do not include MBE/WBE participation in an amount which equals or exceeds the project goal, must submit the MBE/WBE UTILIZATION FORM and the GOOD FAITH EFFORT FORM and documentation. � d) Competitive bids that have subcontracting do not include any MBE/WBE participation EFFORT FORM and documentation. L�J C�1 and/or supplier opportunities but must submit the GOOD FAITH e) The Offeror shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The managing department must receive the Documentation no later than 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. The Offeror shall � obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the City received the Documentation. � 8 City Council approved June 2, 1998 � L#J � � � L�l LJ � � C�� L�J� fl The submission of the applicable completed form(s) within the allotted time will be considered when determining the responsiveness of the bid. Failure to comply with the bid specifications, inclusive of the MBE/WBE specifications, shall render the Offeror non-responsive. 2. Other than responses to Requests for Proposals for those professional services defined in Chapter 2254 of the Texas Government Code, responses to Request for Proposals shall include a section which identifies the particular MBE and/or WBE to be utilized in performing the contract. a) Specify as to MBE or WBE, the estimated percentage of the MBE or WBE participation, the type of work to be perFormed by the MBE or WBE, and such other information as may reasonably be required to determine the responsiveness to the Request for Proposal. b) Responses that do not meet or exceed the utilization goal, as required by the Request for Proposal, must submit a GFE explanation. Failure to include such GFE explanation shall render the response non-responsive. 3. Initial responses to requests for proposals for those professional services defined in Chapter 2254 of the Texas Government Code shall not include a response to the requirements of this ordinance. The City shall comply with the requirements of said Chapter and rank the professional on the basis of demonstrated competence and qualifications. During negotiating the contract with the highest ranked professional, the professional shall respond to this ordinance in the manner specified in paragraph 2(a) above. 4. The GFE documentation shall demonstrate the Offeror's commitment and honest efforts to utilize MBE or WBE. The burden of preparing and submitting the GFE information is on the Offeror and will be evaluated as part of the responsiveness to the bid/proposal. An Offeror who intentionally and/or knowingly misrepresents facts on the documentation submitted will constitute a basis for classification as non-responsive and possible debarment. 5. The contracting department may request the MBE/WBE Office to waive the goal requirements of this subsection, or to reduce the amount of the goal, in accordance with the provisions of the Exceptions and Waivers section. � D. The City Manager, with the advice and counsel of the MWBEAC in accord with City of Fort Worth Resolution No. 1148, shall adopt regulations governing the purchase of goods and services under $15,000. � L�J V. POST-AWARD COMPLIANCE A. In addition to such other requirements as may be set forth elsewhere, the following shall apply to applicable contracts awarded by the City: a 1. Contracts shall incorporate this ordinance by reference, and shall provide that the contractor's violation of this ordinance shall constitute a breach of such contract and result in debarment in accord with the procedures outlined in this ordinance. � 9 City Council approved June 2, 1998 l�� J LJ � L�J � �� '�l � �� L�� 2. From and after the date of bid opening, any proposed change or deletion in MBE/WBE participation identified in the bid, proposal or contract shall be reviewed by the MBE/WBE Office to determine whether such change or deletion is justified in accord with paragraphs 3 and 4 immediately below. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in this ordinance. 3. From and after the date of bid opening, the contractor shall: a) Make no unjustified changes or deletions in its MBE/WBE participation commitments submitted with the bids, proposal or during negotiations; b) If substantial subcontracting and/or substantial supplier opportunities arise during the term of any contract when the contractor represented in its bid to the City that it alone would perform the subcontracting/supplier opportunity work, the contractor shall notify the City before subcontracts for work and/or supplies are let and shall be required to comply with Article I, subsections 12.3 and 12.4 of this Attachment 1, exclusive of the time requirements stated in such subsections; c) Maintain records reasonably necessary for monitoring their compliance with the provisions of this ordinance; d) After the first payment and beginning with the second application for payment, submit required M/WBE Periodic Payment Reports, including proof of payment documentation, to the MBE/WBE Office. Further, upon request of the M/WBE Office, submit such other documentation as may be reasonably required to verify proof of payments. Failure to submit these reports and other requested information, if any, as required shall authorize the City to withhold payment from the contractor until compliance with this ordinance is attained. 4. The contractor shall submit to the MBE/WBE Office for approval a M/WBE REQUEST FOR APPROVAL OF CHANGE FORM if, during the term of any contract, a contractor wishes to change or delete one or more MBE or WBE subcontractor(s) or supplier(s). a) Within three (3) City business days after receipt by the MBE/WBE Office, exclusive of the date of receipt, the Request shall be reviewed. The Request shall be approved if the change or deletion is justified. The following shall constitute justification for the requested change or deletion: 1) A MBE or WBE's failure to provide workers' compensation insurance evidence as required by state law; or � 2) A MBE or WBE's failure to provide evidence of general liability or other insurance under the same or similar terms as contained in the contract documents with limits of coverage no greater than the lower of 1) the limits � required of the contractor by the City; or 2) the limits contained in the contractor's standard subcontract or supply agreements used on other � . 10 City Council approved June 2, 1998 �■J � � � � l�J u �� Lsl �� projects of similar size and scope and within the contractor's normal business practice with non MBE or WBE subcontractor's or suppliers; or 3) A MBE or WBE's failure to execute the contractor's standard subcontract form, if entering a subcontract is required by the contractor in its normal course of business, unless such failure is due to: i. A change in the amount of the previously agreed to bid or scope of work; or ii. The contract presented provides for payment once a month or longer and the contractor is receiving payment from the City twice a month; or iii. Any limitation being placed on the ability of the MBE or WBE to report violations of this Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of any claim to the contractor's surety company or insurance company. 4) An MBE or WBE defaults in the performance of the executed subcontract. In this event, the contractor shall: i. Request bids from all MBE and/or WBE subcontractors previously submitting bids for the work, ii. If reasonably practicable, request bids from previously non-bidding MBEs and WBEs, and . iii. Provide to the M/WBE office documentation of compliance with (i) and (ii) above. 5) Any other reason found to be acceptable by the MBE/VVBE Office in its sole discretion. aNOTE: The contractor shall submit such documentation as may reasonably be requested by the MBE/WBE Office to support the contractor's request. The time between the request by the MBE/WBE � Office for additional documentation and the delivery of such documentation shatl not be included within the time period that the MBE/WBE Office is required to respond as stated in subparagraph � (a) above. b) If the MBE/WBE Office approves the deletion of a MBE or WBE and � replacement by a non-MBE or WBE, such approval shall constitute a post award waiver to the extent of the value of the deleted subcontract. l�J ��l �� c) If the MBE/WBE Office denies the request for change or deletion, the contractor may appeal the denial to the City Manager whose decision will be final. 1 1 City Council approved June 2, (998 u `J � � � I�II 'u � L�J L�� i � U '� � 5. Whenever contract, amendments, change orders, or extra work orders are made individually or in the aggregate, the contractor shall comply with the provisions of this ordinance with respect to the alternates, amendments, change orders, or extra work orders. a) If the amendment, change order, or extra work affects the subcontract of an MBE or WBE, such MBE or WBE shall be given the opportunity to perForm such amendment, change order or extra work. b) If the amendment, change order or extra work is not covered by any subcontractor perForming like or similar work, and the amount of such amendment, change order or extra work exceeds ten percent (10%) of the original contract amount, the contractor shall comply with Article 1, subsections 12.3 and 12.4 of this Attachment 1(exclusive of the time requirements stated therein) with respect to such amendment, change order, or extra work. 6. If the contractor in its bid included any second or lower tier subcontractor/supplier towards meeting the goal, it is the responsibility of the contractor to report and document all subcontracting and/or supplier participation dollars irrespective of tier level. Failure to comply with the City's request to provide the required documentation shall entitle the City to withhold payments (but only to the extent of the subcontractor's payments related to the MBE/WBE participation dollars which are not documented) and/or to reject future bids from the contractor until compliance with this ordinance is attained. 7. Upon completion of the contract and within ten (10) City business days after receipt of final payment from the City, exclusive of the date the contractor receives payment, the contractor shall provide the MBE/WBE Office with the M/WBE FINAL SUMMARY PAYMENT REPORT FORM to reflect the final participation of each subcontractor and/or supplier (including non-M/WBEs) used on the project. Failure to comply with the City's request to provide the required documentation shall entitle the City to reject future bids from the contractor until compliance with this ordinance is attained. 8. In the event a contractor is in non-compliance with either paragraph 6 or 7 above, and such non-compliance is solely the result of an act or omission by an MBE or WBE, the MBE/WBE Office shall consider� such in determining what action, if any,-to take. � VI. EXCEPTIONS AND WAIVERS A. If an Offeror is unable to comply with the goal requirements established in the � Program Goal section of this ordinance, such Offeror shall submit one of the two forms listed below within the allotted time. r��L �� 1. A Prime Contractor Waiver Form (Attachment 1 B) is submitted if the Offeror will perform the entire contract without subcontractors or suppliers. 2. A Good Faith Effort Form (Attachment 1 C) is submitted if the Offeror has subcontracting and/or supplier opportunities but was unable to meet or exceed � 12 City Council approved June 2, 1998 � L�J LI t!J the project goal. The Offeror will submit requested documentation that demonstrates a good faith effort to comply with the goal requirements as described in the Program Goal section above. B. A contracting department may request the MBE/WBE Office to waive or modify the goal requirements for MBE or WBE by submitting a Departmental Waiver Form, in writing, prior to solicitation of bids or proposals. The MBENVBE Office may grant such a waiver or reduction upon determination that: 1. The reasonable and necessary requirements of the contract render � subcontracting or other participation of business other than the Offeror infeasible; or � 2. A public or administrative emergency exists which requires the goods or services to be provided with unusual immediacy; or � � � � 3. Sufficient MBE/WBE providing the services required by the contract are unavailable in the marketplace of the project, despite attempts to locate them; or 4. The application of the provisions of this ordinance will impose an unwarranted risk on the City or unduly delay acquisition of the goods or services. C. Whenever the MBE/WBE Office denies a request to waive a goal, the contracting department may appeal that denial to the City Manager whose decision on the request shall be final. VII. PROGRAM ADMINISTRATION � A. The City Manager, with the advice and counsel of the MWBEAC in accord with City of Fort Worth Resolution No. 1148, is authorized to establish and implement the regu�ations set forth in this ordinance. The MBE/WBE Office shall be responsible for athe overall administration of the City's MBE/WBE Program, and its duties and responsibilities shall include: �� I� �� I� r LJ [�l I� 1. Recommending rules and regulations to effectuate this ordinance; 2. Maintaining a current listing of certified MBE and WBE firms for distribution internally and externally on contracts; 3. Providing information and needed assistance to MBE/WBEs to increase their ability to compete effectively for the award of City contracts; 4. Investigating alleged violations of this ordinance and making written recommendations to appropriate City authorities for remedial action when appropriate; 5. Developing and distributing all necessary forms, applications, and documents necessary to comply with this ordinance; 6. Reviewing, on a regular basis, the progress of departments toward achieving the category goals for the utilization of minority and women business enterprises; 13 City Council approved June 2, 1998 [�I � C � � L� 7. Making recommendations to appropriate City staff regarding methods to further the policies and goals of this ordinance; 8. Determining MBE/WBE compliance on contracts before they are submitted to the City Council for award; 9. Maintaining accurate contract performance reporting system; and 10. Compiling a report reflecting the progress in attaining the City's annual goal, quarterly and annually. B. It shall be the responsibility of the contracting department to ensure that bids or proposals emanating from the department adhere to the procedures and provisions set forth in this ordinance. 1. The department director or designee shall assume primary responsibility for � achieving the goals of this program and shall review, on a continuing basis, all aspects of the program's operations to assure that the purpose is being attained. � � � L� � � � L�l � LJ � � �� r�� 2. The contracting department shall take the following action to ensure that MBEs and WBEs have the maximum opportunity to participate on City contracts: a) A written notification shall be sent to minority and women trade associations, contractor's associations, and minority and women chambers of commerce about the availability of formally advertised contracting opportunities no less than 28 days before bids are due; b) All applicable contract solicitations shall include the requirements contained in this ordinance; c) All contracting opportunities shall be evaluated in an effort to divide the total requirements of a contract to provide reasonable opportunities for MBE/WBE; d) For construction and professional service contracts, establish procedures to ensure that all contractors' invoices are paid twice a month and that subcontractors are paid within five (5) City business days after receipt of payment. A contractor's failure to make payments within five (5) City business days shall authorize the City to withhold future payments from the contractor until compliance with this ordinance is attained. e) Establish guidelines to ensure that a notice to proceed is not issued until signed letters of intent evidencing receipt by the MBE/WBE or executed agreements with the MBE/WBE have been submitted; fl Ensure that all required statistics and documentation are submitted to the MBE/WBE Office as requested; and g) If circumstances prevent the contracting department from meeting the 28-day advertising and notification requirements, the contracting department shall perform extensive outreach to MBE/WBE associations or other relevant organizations to inform them of the contracting opportunity. 14 City Council approved June 2, 1998 l�J L�, � LJ L� LJ �� LJ � � � � Vfll. CERTIFICATION The City will recognize MBE/WBE that are certified by the Texas Department of Transportation (TxDOT), highway division or the North Central Texas Regional Certification Agency (NCTRCA). In the event of denial of certification by either of these entities, the City reserves the right to grant its own certification for use in City contracts. IX. CONTRACT MONITORING, AND REPORTING A. The MBE/WBE Office shall monitor compliance with these requirements during the term of the contract. If it is determined that there is cause to believe that a contractor or subcontractor has failed to comply with any of the requirements of this ordinance, or the contract provisions pertaining to MBE/WBE utilization, the MBE/WBE Office shall notify the contracting department and the contractor. The MBE/WBE Office shall attempt to resolve the noncompliance through conciliation. If the noncompliance cannot be resolved, the Coordinator and the contracting department shall submit written recommendations to the City Manager or designee, and if the City Manager concurs with the findings, sanctions shall be imposed as stated in ordinance. B. Whenever the MBE/WBE Office finds, after investigation, that a contracting department has failed to comply with the provisions of this= ordinance, a written finding specifying the nature of the noncompliance shall be transmitted to the contracting department, and the MBE/WBE Office shall attempt to resolve any noncompliance through conference and conciliation. Should such attempt fail to resolve the noncompliance, the Coordinator shall transmit a copy of the findings of noncompliance, with a statement that conciliation was attempted and failed, to the City Manager who shall take appropriate action to secure compliance. C. The MBE/WBE Office may require such reports, information, and documentation from contractors offers, contracting agencies, and the head of any department, division, or office of the City of Fort Worth, as are reasonably necessary to � determine compliance with the requirements, within ten (10) days after the notice of noncompliance. � D. Contracting departments shall maintain accurate records for each contract awarded, including dollar value, the nature of the goods or services to be provided, the name of the contractor awarded the contract, the efforts it employed to solicit bids from QMBE/WBE, identifying for each its dollar value, the nature of the goods or services � provided, and the name of the subcontractor. L�J � � �I E. The City Manager, with the advice and counsel of the MWBEAC in accord with City of Fort Worth Resolution No. 1148, shall submit an annual report to the City Council on the progress of the City toward the utilization goals established by this ordinance, together with an identification of problems and specific recommendations for improving the City's performance. 15 City Council approved June 2, 1998 'l�J � X. DEBARMENT � A. An Offeror who intentionally and/or knowingly misrepresents facts shall be determined to be an irresponsible Offeror and barred from participating in City work for a period of time of not less than three (3) years. � (� L�, � � B. The failure of an Offeror to otherwise comply with this ordinance and which constitutes a material breach of contract as stated herein, may result in the Offeror being determined to be an irresponsible Offeror and barred from participating in City work for a period of time of not less than one (1.) year. C. The MBE/WBE Office will send a written statement of facts and a recommendation for debarment to the City Manager. The City Manager, after consultation with the Department of Law, will make the decision regarding debarment and send a certified notice to the Offeror. D. An Offeror that receives notification of debarment may appeal to an Appeal Board, � hereinafter created, by giving written notice within ten (10) days from the date of receipt of the debarment notice, to the City Manager of its request for appeal. � � � L�J E. An Appeal Board, consisting of not less than three members appointed by the City Manager with the approval of the City Council, will meet within thirty (30) days from the date of receipt of the request for appeal of debarment, unless Offeror requests an extension of time. The Offeror will be notified of the meeting time and location. F. The Offeror will be afforded an opportunity to appear with Counsel if they so desire, submit documentary evidence, and confront any person that the City presents. G. The Appeal Board will render its decision not more than thirty (30) days of the hearing and send a certified notice to the Offeror. H. If the Appeal Board upholds the original debarment, the Offeror may appeal to the � City Council within ten (10) days from the date of receipt of the Appeal Board's decision by giving written notice to the City Manager. L�J l�1 � The appeal will be placed on the City Council agenda within thirty (30) days from receipt of written notice, unless Offeror requests an extension in writing. J. From the date of notification of debarment and during the pendency of any appeal, the City will not consider offers from, award contracts to, renew or otherwise extend contracts with, or contract directly or indirectly through subcontracts with the Offeror pending the Appeal Board's decision. O K. Any MBE or WBE subcontractor or supplier who intentionally and/or knowingly misrepresents facts or otherwise violates the provisions of this ordinance may be , determined to be irresponsible for a period of time not to exceed one (1) year, and if � deemed irresponsible, such MBE or WBE shall not` be included in calculating an Offeror's responsiveness. � 16 City Council approved June 2, 1998 l�J � XI. SEVERABILITY � If any provision of this attachment or ordinance, the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, such invalidity shall not affect the other provisions of any other application of this attachment � or ordinance which can be given effect without the invalid provision or application, and to this end, all the provisions of this attachment or ordinance are hereby declared to be severable. � � u � r�� L1 LJ L�J L�J � l�l � � Lil � 17 City Council approved June 2, 1998 l�'� � � l�7 0 � � 0 0 � � � 0 � � 0 � 0 � �P �fi C, � � �. � � � � �. � � � ,, ;� t,. � � PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS C1-1 C1-1.1 C1-1.2 C1-1.3 C1-1.4 C1-1.5 C1-1.6 C1-1.7 C1-1.8 C1-1.9 C1-1.10 C1-1.11 C1-1.12 C1-1.13 C1-1.14 C1-1.15 C1-1.16 C1-1.17 C1-1.18 C1-1.19 C1-1.20 C1-1.21 C1-1.22 C1-1.23 C1-1.24 C1-1.25 C1-1.26 C1-1.27 C1-1.28 C1-1.29 C1-1.30 C1-1.31 C1-1.32 DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specifications Bonds Contract Plans City City Council Mayor City Manager City Attorney Director of Public Works Director, City Water Department Engineer Contractor Sureties The Work or Project Working Day Calendar Days Legal Holidays Abbreviations Change Order Paved Streets and Alleys Unpaved Streets or Alleys City Street Roadway Gravel Street C1-1 (1) C1-1 (1) C1-1 (2) C1-1 (2) C1-1 (2) C1-1 (2) C1-1 (2) C1-1 (2) C1-1 (2) C1-1 (2) C1-1 (3) C1-1 (3) C1-1 (3) C1-1 (3) C1-1 (3) C1-1 (3) C1-1 (3) C1-1 (4) C1-1 (4) C1-1 (4) C1-1 (4) C1-1 (4) C1-1 (4) Cl-1 (4) C1-1 (4) C1-1 (4) Cl-1 (5) C1-1 (6) Cl-1 (6) C1-1 (6) C1-1 (6) C1-1 (6) C1-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2.2 Interpretation of Quantities C2-2.3 Examination of Contract Documents and Site of Project C2-2.4 Submitting of Proposal C2-2 (1) C2-2 (1) C2-2 (2) C2-2 (3) �-� (1) .� � � � � � r. � r-. L.. � �'". � � C2-2.5 Rejection of Proposals C2-2.6 Bid Security C2-2.7 Delivery of Proposal C2-2.8 Withdrawing Proposals C2-2.9 Telegraphic Modifications of Proposals C2-2.10 Public Opening of Proposal C2-2.11 Irregular Proposals C2-2.12 Disqualification of Bidders C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 Consideration of Proposals C3-3.2 Minority Business Enterprise/Women Business Enterprise Compliance C3-3.3 Equal Employment Provisions C3-3.4 Withdrawal of Proposals C3-3.5 Award of Contract C3-3.6 Return of Proposal Securities C3-3.7 Bonds C3-3.8 Execution of Contract C3-3.9 Failure to Execute Contract C-3-3.10 Beginning Work C3-3.11 Insurance C3-3.12 Contractor's Obligations C3-3.13 Weekly Payrolls C3-3.14 Contractor's Contract Administration C3-3.15 Venue C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4.2 Special Provisions C4-4.3 Increased or Decreased Quantities C4-4.4 Alteration of Contract Documents C4-4.5 Extra Work C4-4.6 Schedule of Operation C4-4.7 Progress Schedules for Water and Sewer Plant Facilities CS-5 CONTROL OF WORK AND MATERIALS CS-5.1 Authority of Engineer CS-5.2 Conformity with Plans CS-5.3 Coordination of Contract Documents CS-5.4 Cooperation of Contractor CS-5.5 Emergency and/or Rectification Work CS-5.6 Field Office CS-5.7 Construction Stakes �2) C2-2 (3) C2-2 (3) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (S) C3-3 (1) C3-3 (1) C3-3 (1) C3-3 (2) C3-3 (2) C3-3 (2) C3-3 (2) C3-3 (4) C3-3 (4) C3-3 (4) C3-3 (4) C3-3 (7) C3-3 (7) C3-3 (7) C3-3 (8) C4-4 (1) C4-4 (1) C4-4 (1) C4-4 (2) C4-4 (2) C4-4 (3) C4-4 (4) CS-5 (1) CS-5 (1) CS-5 (2) CS-5 (2) CS-5 (3) CS-5 (3) CS-5 (3) � � r�. �. �„ �. �"' �. �„ CS-5.8 CS-5.9 CS-5.10 CS-5.11 CS-5.12 CS-5.13 CS-5.14 CS-5.15 CS-5.16 CS-5.17 CS-5.18 C6-6 C6-6.1 C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 C6-6.7 C6-6.8 C6-6.9 C6-6.10 C6.6.11 C6-6.12 C6-6.13 C6-6.14 C6-6.15 C6-6.16 C6-6.17 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 Responsibility of Contractors Clean-Up Final Inspection CS-5 (4) CS-5 (5) CS-5 (5) CS-5 (5) CS-5 (6) CS-5 (6) CS-5 (7) CS-5 (7) CS-5 (8) CS-5 (8) CS-5 (9) LEGAL RELATIONS AND PUBLIC RESPONSIBILITY Laws to be Observed C6-6 (1) Permits and Licenses C6-6 (l) Patented Devices, Materials, and Processes C6-6 (1) Sanitary Provisions C6-6 (2) Public Safety and Convenience C6-6 (2) Privileges f Contractor in Streets, Alleys, C6-6 (3) and Right-of-Way Railway Crossings C6-6 (4) Barricades, Warnings and Flagmen C6-6 (4) Use of Explosives, Drop Weight, Etc. C6-6 (4) Work Within Easements C6-6 (5) Independent Contractor C6-6 (6) Contractor's Responsibility for Damage Claims C6-6 (8) Contractor's Claim for Damages C6-6 (10) Adjustment or Relocation of Public Utilities, Etc. C6-6 (10) Temporary Sewer and Drain Connections C6-6 (10) Arrangement and Charges for Water Furnished by the City C6-6 (11) Use of a Section or Portion of the Work C6-6 (11) Contractor's Responsibility for the Work C6-6 (11) No Waiver of Legal Rights C6-6 (12) Personal Liability of Public Officials C6-6 (12) State Sales Tax C6-6 (12) PROSECUTION AND PROGRESS Subletting Assignment of Contract Prosecution of The Work Limitation of Operations Character of Workmen and Equipment Work Schedule Time of Commencement and Completion Extension of Time Completion C7-7 (1) C7-7 (1) C7-7 (1) C7-7 (2) C7-7 (2) C7-7 (3) C7-7 (4) C7-7 (4) (3) � C7-7.9 Delays C7-7.10 Time of Completion C7-7.11 Suspension by Court Order C7-7.12 Temporary Suspension C7-7.13 Termination of Contract due to National Emergency C7-7.14 Suspension or Abandonment of the Work and Annulment of the Contract: C7-7.15 Fulfillment of Contract C7-7.16 Termination for Convenience of the Owner C7-7.17 Safety Methods and Practices C7-7 (4) C7-7 (5) C7-7 (6) C7-7 (6) C7-7 (7) C7-7 (7) C7-7 (9) C7-7 (10) C7-7 (13) (`� ) � � � �. � SECTION C1-1 DEFINITIONS PART C - GENERAL CONDITIONS C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTR.ACT DOCUMENTS: The Contract Documents are in all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained on the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and Include the following Items , PART A- NOTICE TO BIDDERS �' PART B - PROPOSAL PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS !"'' PART F - BONDS � PART G - CONTRACT (Sample) (Sample) (CITY) (Developer) (Sample) (Sample) White White Canary Yellow Brown Green E 1-White E2-Golden Rod E2A-White Blue White White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: � ,� � � � �.. PART A- NOTICE TO BIDDERS (Advertisement) same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PARTF-BONDS PART G - CONTRACT PART H- PLANS (Usually bound separately) �� C1-1 (1) � � �� 4i C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the � work contemplated under the Contract Documents constitutes the notice to bidders. r,, C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, y constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the�Owner, has been publicly opened and read and not rejected by the Owner. � C 1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a � proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. � C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be � carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. .� ` Whenever there may be a conflict between the General Conditions and the Special � Conditions, the latter shall take precedence. . � C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not � specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of �'� the project. C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract �� Documents which set forth in detail the requirements which must be met by all materials, �-� construction, workmanship, equipment and services in order to render a completed an useful project. Whenever reference is made to standard specifications, regulations, ' requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BONDS: The bond or bonds are the written guarantee or security furnished by the Contractor for prompt and faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3.7) �"' b. Payment Bond (see paragraph C3-3.7) i�., c. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) �' �' C1-1 (2) � � �.. � �C1-1.10 CONTRACT: The Contract is a formal signed agreement between the owner and the Contractor covering the mutual understanding of the two contracting parties about � the project to be completed under the Contract Documents. r,. C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the ' Owner's representative showing in detail the location, dimension and position of the ' various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as �,� the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from the other parts of the Contract Documents, but they are part of the Contract � Documents just as though they were bound therein. � C1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. � Responsibility for final enforcement of the Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1.13 CITY COLJNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. � C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C 1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. � - C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. � 'J L � � � �' Cl-1 (3) �N � �J t'- �s i�., C1-1.17 DIRECTOR OF PUBLIC WORKS: The officially appointed official of the City of Fort Worth, Texas, referred to in the charter as the City Engineer, or his duly authorized representative. �,,. C1-1.18 DIRECTOR, CITY WATER DEPARTMENT: The officially appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly '� authorized representative, assistant, or agents. C1-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person, person's, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of work, acting directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, supplying labor and materials or only labor, for the work at the site of the project. ,,,., C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds as are required with and for the Contractor. The sureties engaged are to be fully responsible for � the entire and satisfactory fulfillment of the Contract and for any and all ,requirements as set forth in the Contract Documents and approved changes therein. ` C1-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all �, labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. t� �... �, �� , C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6 C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25: LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. New Year's day 2. M.L. King, Jr. Birthday 3. Memorial Day 4. Independence Day 5. Labor Day January 1 Third Monday in January Last Monday in May July 4 First Monday in September r Cl-I (4) l,. � � �. r � �." � � �' 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Forth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is declared by the City Council, falls on a Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar as the holiday. C1-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the Contract Documents, the intent and meaning shall be as follows: AASHTO - ASCE - LA W - ASTM - AWWA - ASA HI Asph. Ave. Blvd. CI CL GI Lin. lb. MH Max. American Association of State Highway Transportation Officials American Society of Civil Engineers In Accordance With American Society of Testing Materials American Water Works Association American Standards Association Hydraulic Institute Asphalt Avenue Boulevard Cast Iron Center Line Galvanized Iron Linear or Lineal Pound Manhole Maximum MGD CFS Min. Mono % R I.D. O.D. Elev. F C In. Ft. St. CY Yd. SY L.F. D.I. - Million Gallons per Day - Cubic Foot per Second - Minimum - Monolithic - Percentum - Radius - Inside Diameter - Outside Diameter - Elevation - Fahrenheit - Centigrade - Inch - Foot - Street - Cubic Yard - Yard - Square yard - Linear Foot - Ductile Iron �' Cl-1 (5) �w � �+ C1-1.27 CHANGE ORDER: A"Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature �� which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the �,., proposal are not the subject matter of a Change Order unless the increase or decrease is ' more than 25% of the amount of the particular item or items in the original proposal. , . All "Change Orders" shall be prepared by the City from information as necessary ,, , furnished by the Contractor. �"` C1-128 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as � a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: �� 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with � or without separate base material. 3. Brick, with or without separate base material. � 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1.29 LTNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined for "Paved Streets and Alleys." �" C1-1.30 CITY STREET: A city street is defined as that area between the right-of-way � lines as the street is dedicated. � ►" C1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two .- (2') back of the curb lines or four (`4) feet back of the average edge of pavement where no curb exists. C1-1.32 GRAVEL STREET: A gravel street is an unimproved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. � � � CI-1 (6) � � � �. .,N SECTION C - GENERAL CONDITIONS C2-2 INTER.PRETATION 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 openin� 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 C2-2(1) � � � � 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. � C2-2.3 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, r 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 ,ir� 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(2) � �� 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 . of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. �' � l. � . � ,� I � � -� s � C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, erasures, or irregularities of any kind, or contain unbalanced value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. c2-2�� 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 r,, place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marker with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City �` Manager, City Hall, Fort Worth, Texas. � C2-2.8 WITHDR.AWING 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 mav, 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 sig�ature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal �„ opening time, no further consideration will be given to the proposal. � � C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. �"' C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, � unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any all irregularities and to make the award of the contract to the best �interest of the City. Tendering a proposal after the closing hour is an irregularity which � can not be waived. � � C2-2(4) � � C2-2.12 DISOUALIFICATION 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. fl Lack of competency as revealed by financial statement, experience r' 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. "W 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(5) � � PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and �� read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing � items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of the unit prices quoted and the � estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. � Until the ward of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to �.�.. proceed with the work in any manner as may be considered for the best interest of the Owner. � C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS � ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority � Business Enterprise (MBE) and/or a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by the Owner, to allow and audit and/or an examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and � ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future ,r., Contracts with the Owner for a period of time of not less than six (6) months. C3-3.3 EOUAL 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 (1) � � C3-3.4 WITHDR.AWAL 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. � 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 s date of opening proposals, and in no event will an award be made until after n` investigations have been made as to the responsibility of the proposed awardee. 0 The award of the contract, if award is made, will be to the lowest and best resnonsive 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 C8-8.14. L� C3-3 (2) � � � 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 othenvise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article �., 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56`� Legislature, Regular Session, 1959, effective April 27, � 1959, and/or the latest version thereof, supplying labor and materials in the � prosecution of the work provided for in the contract being constructed �,,,, under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the Owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, � notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the �"` contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. � � , � � � � C3-3 (3) � �� 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. 1�'° 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 suffer by reason of such failure on the part of the Awardee and shall thereupon ,,,, immediately by forfeited to the Owner. The filing of a proposal will be considered as acceptance of this provision by the Bidder. � C-3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence � work at the site of the project within the time stipulated in the written authorization usually termed "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written � authorization, commence the physical execution of the contract. � C3-3.11 INSURANCE: The Contractor shall not commence work under this � contract until he has obtained all insurance required under the Contract Documents, and "` such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub-contractor's certificate of insurance for �' approval. The prime Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the � coverage of all sub-contractors. ' ' � � C3-3 (4) � � a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Worker's Compensation Insurance on all of � his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in �,,.�, hazardous work on the project under this contract is not protected under the Worker's Compensation Statute, the Contractor shall provide adequate � employer's general liability insurance for the protection of such of his employees not so protected. � b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in the amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. c. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: j� 1. Contingent Liability (covers General Contractor's Liability for acts of sub-contractors). 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation �if � excavation are nerformed adiacent to samel. � 4. Damage to underground utilities for $500,000. 5. Builder's risk (where above-�round structures are involvedl. 6. Contractual Liability (covers all indemnification requirements of Contract). l_ J r � � C3-3 (5) � l� d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain during the life of � this Contract, Comprehensive Automobile Liability Insurance in an amount not less than $250,000 for injuries including accidental death to �,, any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile ' property damage insurance in an amount not less than $100,000. � � e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for �^ the Contractor and his sub-contractors, respectively, against damage �„ claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed � by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. , L__; � � � f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Prime Contractor's insurance not cover the sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance �" and bonding companies with whom the Contractor's insurance and 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- I� � C3-3 (6) � r �.. Dallas area. The name of the agent, or age.nts 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 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, th�e Engineer, at his sole discretion, may demand that such local representative be replacedl 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. ' I C3-3 (7) � � C3-3.1 S VENUE: County, Texas. , , � � � r t � r � � � r �� c Venue of any action hereinunder shall be exclusively in Tarrant �,_,�g> � � PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK �.», SECTION C4-4 SCOPE OF WORK � C4-4.1 INTENT OF CONTRACT DOCUMENTS: it is the definite intention of these � Contract Documents to provide for a complete, useful project which the Contractor ,,,,,; undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may � be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these � Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. � C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not �" thoroughly and satisfactorily stipulated or covered by 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 OUANTITIES: 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 4 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) t.,. � � �•� C4-4.4 ALTER.ATION 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 f.. 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 y the Contract Documents. .� � �r 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 d 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 f�•� such work. � � C4-4 (2) � � Should a difference arise as to what does or dose not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall �, proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof as provided under method (Item C). �... Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work � is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for � permanent record a corrected set of plans showing the actual installation. � The compensation agreed upon for "Extra Work" whether or not initiated by a"Change Order" shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, � foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged r, work as a result of the change or extra work. C4-4.6 SCHEDULE OF OPER.ATION: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner's approval j� 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. �v i L..: r C4-4 (4� 1,.. � � 3. Shop fabrication and delivery. 4. Erection or installation. �� 5. 6. 7. 8. 9. Transmittal of manufacturer's operation and maintenance instructions. Installed equipment and materials testing. Owner's operator instruction (if applicable). Final inspection. Operational testing. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with diligence as will insure its complet:ion within the time specified. C4-4 (5) � � � I"". . � � � � � PART C - GENER.AL 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. j � L� tJ CS-5 (1 � � � � � CS-53 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 �a proposal. The Contractor shall not take advantage of any apparent error or omission in the ;,r,,: Contract Documents, and the owner shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract � Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in drawings, specifications, or other portions of the Contract Documents which (�' were not reported prior to the award of Contract, the Contractor shall be deemed to have ��- quoted the most expensive resolution of the conflict. � CS-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of Contract Documents and shall have available on the site of the project ,.,�, at all times, one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for � proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who � are fully authorized to act as the Contractor's agent on the work. Such superintendent and - his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall �`"' designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas, � and shall be subject to call, as is the project superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately �� provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of the property contiguous to the project � routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to � examine and inspect the workmanship and materials entering into the work. � � CS-5 (2) � � CS-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, � the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the � emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar-day or an 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 discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not shoe just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. �.., CS-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an � adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 x 14 feet in floor area, substantially constructed, well heated, air �'°� conditioned, lighted, and weather proof, so that documents will not be damaged by the L 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 i`" 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. � � �' C�-5 (3) ;� � � CS-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such � inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector �.- may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements ' of the Contract Documents, and to call the attention of the Contractor to any such failure ,,,, or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements � of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have the authority to reject materials or equipment, and/or � to suspend work until the question at issue can be referred to and decided by the Engineer. The City Inspector will not, however, be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any � portion or section of the work, nor to issue any instructions contrary tot he requirement s of the Contract Documents. The City Inspector will in no case act as superintendent or foreman or perform any other duties for the Contractor, or interfere with the management � or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the �, obligations of the Contract Documents of the Contract Documents, provided, however, should the Contractor object to any orders or instructions or the City Inspector, the �'"�' Contractor may within six days make written appeal to the Engineer for his decision on �.. the matter in Controversy. � , � � � CS-5 (4� � � CS-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 p""° 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. �d CS-5.10 REMOVAL OF EDEFCTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and � replaced in an acceptable manner by the Contractor at this expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specially provided, or any Extra Work done without written authority, will be considered as unauthorized and � done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of � the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost � thereof may be deducted from any money due or to become due tot he Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such work. � • CS-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that � is equal to any material or equipment specified, and if Contractor wishes to furnish or use � a proposed substitute, he shall, prior to the preconstruction conference, make written application to ENGINEER for approval of such substitute certifying in writing that the rproposed 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 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 4� 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. L , �' CS-5 (5) L � �" 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 STOR.AGE 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. s � � j � � CS-� (6> � r -., � � 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 all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for � failure to show any or all such structures and utilities on the plans or to show them in �- � their exact location. It is mutually agreed that such failure will not be considered �,,,, sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the �; building of special warks, provision of which is not made in these Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractor's responsibility to verify locations of the adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures, and service lines. Verification of existing utilities, structures, and service lines shall include notification of all utility companies at least forty eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of utilities and their adjustment shall be considered subsidiary work. CS-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosecution of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: l. 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 j � � � CS-5 (7) � � 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: "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 f7� .'nTi -� �i b. Emer�encv: 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 b 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 F 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 j` 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 �,, �' CS-� (8) $�., � � structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials � removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by r,�, 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. � CS-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Gontract 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' CS-5 (9) 1.., � � � �. � �, � � � � � i... PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea 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, trade-marks, 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. Cb-6(1) � � 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 r,,, 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 r' of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment � stored about the work shall be placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to � maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and ,,... egress to the property contiguous tot he work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except � during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement or crushed stone or gravel or such other � means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Sucli other means may include the diversion of driveway traffic, with specifie approval by the Engineer, If diversion of traffic is � approved by the Engineer at any location, the Contractor may make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his expense, provide "' all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. `-�' The materials excavated and the construction materials such as pipe used in construction of the work shall be placed so as not to endanger the work or prevent free access to all � fire hydrants, fire alarm boxes, police call boxes, water valves, gas valves, or manholes in �"' the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, � after twenty-four hours notice in writing to the Contractor, save in cases of emergency �. when it shall have the right to remedy any neglect without notice, and in either case, the � cost of such work or materials furnished by the Owner or by the City shall be deducted from the monies due or to become due to the Contractor. � � C6-6(2) � � 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. The Contractor shall at all times conduct his operation and use of construction machinery so as not to damage or destroy trees and scrubs located in close proximity to or on the site of the work. Wherever any such damage may be done, the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in • settlement of such claims. The Contractor shall file with the Engineer a written statement showing all such claims adjusted. ` C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND, RIGHT-OF-WAY: For the performance of the contract, the Contractor will be � permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in � the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction '' operations. Excavated and waste materials shall be piled or staked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railroad tracks, the work shall be carried on in such manner as not to interfere with the �° operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, �..: for all purposes required by the contract, enter upon the work and premises used by the ` Contractor and shall be provided all reasonable facilities and assistance for the �"� completion of adjoining work. Any additional grounds desired by the Contractor for his ,� use shall be provided by him at his own cost and expense. � � � � C6-6(3) �' � 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 F,. 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. L� C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is cairied 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 �W to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each bamcade. A sufficient number of barricades shall be erected and maintained �� to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them 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", F" 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 refened 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 Cont�ractor 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. � �' C6-6(4) L. � � 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 � 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(5) � C � � � � � � 1 ' ' ' � r � C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private properiy, 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 adj acent 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. C6-6(6) � � 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 replacing and restoring as may be directed by the Owner, or he shall make good such � damages or injury in a manner acceptable to the owner of the property and the Engineer. �,, All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set � cross brace posts on either side of the permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts at the � point of the proposed cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. � Temporary fencing shall be erected in place of the fencing removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent �, livestock from entering the construction area. The cost for fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property or to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due to or to become due to the Contractor under this contract. � , � � � C6-6(7) � � � C6.6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that the Contractor shall perform all work and services hereunder as an � independent contractor, and not as an officer, agent, servant, or employee of the Owner. Contractor shall have exclusive control of and exclusive right to control the details of all �,,, 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 CONTR.ACTOR'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 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 �l of the Owner. � ' ' � � C6-6(8) IL. � � 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. ti,,, 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. ir.. 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 perfortned unless the Contractor submits evidence in writing �„ satisfactory tot he Director that: The claim has been settled and a release has been obtained from the claimant involved, or � 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. � �" � �: , ' � If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that final payment to the Contractor be made. At the expiration of the six month period, the Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. �` C6-6(9) a �..... � � 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 25`'' 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 ADNSTMENT 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 ,�4 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 s 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. �. � � I� I' C6-6(10) � � �, � C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE �, CITY: When the Contractor desires to use City water in connection with any i construction work, he shall make complete and satisfactory arrangements with the Fort ''° Worth City Water Department for so doing. � City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery � shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General � Contract Documents. � When meters are used to measure the water, the charges, if any, for water will be made at the regular established rates. When meters are not used, the charges, if any, will be as , prescribed by the City ordinance, or where no ordinances applies, payment shall be made �, on estimates and rates established by the Director of the Fort Worth Water Department. �, C 6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable ' condition, it may be put into use upon the written notice of the Engineer, and such usage shall not be held to be in any way an acceptance of said work or structure or any part � thereof or as a waiver of any of the provisions of these Contract Documents. All necessary repairs and removals of any section of the work so put into use, due to defective materials or workmanship, equipment, or deficient operations on the part of the � Contractor, shall be performed by the Contractor at his expense. � C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written � acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part thereof by action of the elements or ``" from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all � injuries or damage to any portion of the work occasioned by any of the hereinabove causes. 'J � � � L � �� C6-6(11) � � C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, � or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall �,,,, not be held to be a waiver of any other or subsequent breach. � The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract ;�, Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representative of the Owner, either personally or other wise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, � and organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor may purchase, �. rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said J 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(12) �, � � PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS �,., SECTION C7-7 PROSECUTION AND PROGRESS: � C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, �-- and with the assistance of workmen under his immediate superintendance, work of a r,,,; value of not less than iifty (50°/a) 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 pro�ect 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 f,,,, has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from full responsibility of the complete ' performance of the Contract. �,, The contract time may be changed only as set forth in Section C7-7.8 EXTENSION OF TIME OF COMPLETION of this Agreement, and a progress schedule shall not constitute � a change in the contract time. C7-7.4 LIMITATION OF OPERATIONS: The working operations shall at all �"'' times be conducted by the Contractor so as to create a minimum amount of inconvenience - to the public. At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or is carrying on operations in a portion of a street or public way greater than is necessary for proper execution of the work, the Engineer may require the `"' Contractor to finish the section on which operations are in progress before the work is r,, commenced on any additional section or street. �'� � �, �d � r � � � C7-7.5 CHARACTER OF WORKMEN AND EOUIPMENT: 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. c�-�(2> � � 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 'L° 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. � C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of the work completed as defined in C1-1.23 "WORKING DAYS" or � the date stipulated in the "WORK ORDER" for beginning work, whichever comes first. �'' Nothing in these Contract Documents shall be construed as prohibiting the Contractor �.. from working on Saturday, Sunday or Legal Holidays, providing that the following .., requirements are met: h--� 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 speciiic Saturday, Sunday or '' Legal Holiday. � � � i i � Calendar Days shall be defined in C1-1.24 and the Contractor may work as he so desires. ! C%-%�3� l., � � 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. � 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 r sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials `�� in greater amounts or quantities than those set forth in the approved Contract Documents, � then the contract time mat be increased by Change Order. �� C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to � be furnished by the City. When such extra compensation is claimed, a written statement thereof shall be presented by the Contractor to the Engineer and if by the Engineer found correct, shall be approved and referred by the Engineer to the City Council for final �, approval or disapproval; and the action thereon by the City Council shall be final and binding. If delay is caused by specific orders given by the Engineer to stop work, or by � the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for shall, however, be subject to the approval of the City Council: and no such extension of time shall release r• C7-7(4) � i.� LJ � �,.r 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 j''� complete the work covered by the specific contract being bid upon. The amount of time 4.., 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. AMOUNT OF CONTRACT Less than � �: � � $ 5,001 to $ 15,001 to $ 25,001 to $ 50,001 to $ 100,001 to $ 500,001 to $ 1,000,001 to $ 2,000,000 and over $ 5,000 $ 15,000 $ 25,000 $ 50,000 $ 100,000 $ 500,000 $ 1,000,000 $ 2,000,000 inclusive inclusive inclusive inclusive inclusive inclusive inclusive inclusive AMOUNT OF LIQUIDATED DAMAGES PER DAY $ $ $ $ $ $ $ $ $ 35.00 45.00 63.00 105.00 154.00 210.00 315.00 420.00 630.00 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(5) � L: � 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 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 r 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(6) �, � � �. � �" 9 .... � �. � �� .. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the president of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. If, after investigations, the owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contractor, than if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty days, the Contractor my request the owner to terminate the contract and the owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and final payment shall be made in accordance with the terms of the agreed settlement, which shall include. But not be limited to the payment for all work executed but not anticipated profits on work which has not been performed. C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF THE CONTRACT: The work operations on all or any portion or section of the work under Contract shall be suspended immediately on written order of the Engineer or the Contract may be declared canceled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. b. c. d. e. Failure of the Contractor to commence work operations within the time specified in the Work Order issued by the Owner. Substantial evidence that progress of the work operations by the Contractor is insufficient to complete the work within the specified time. Failure of the Contractor to provide and maintain sufficient labor and equipment to properly execute the working operations. Substantial evidence that the Contractor has abandoned the work. 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. C 7-7(7) � � �- g. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has ;� been directed in writing by the Engineer or the Owner. h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. � i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of �^ any creditor or for any other purpose. j. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. � A Copy of the suspension order or action of the City Council shall be served on the �, Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is canceled, the Contractor shall discontinue the work or such part thereof as the �� owner shall designate, whereupon the Sureties may, at their option, assume the contract � or that portion thereof which the Owner has ordered the Contractor to discontinue, and may perform the same or may, with written consent of the owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their � option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be �" paid by the Owner for all work performed by them in accordance with the terms of the . Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to �� all of the terms of the Contract Documents. � � � � � � �. C7-7(8) � � 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 r, 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(9) � � � 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 a,,, shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any �" 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. � r C7-7(10) L � � 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 f which has been directed or authorized by Engineer, Not later than 1 S 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 �f 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. s D. AMOi1NTS: Subject to the provisions of Item C7-7.1(C), the Contractor and the Owner may agree upon the whole or any part of the ~ amount or amounts to be paid to the Contractor by reason of the total or �� partial termination of the work pursuant hereto; provided, that such agreed r- amount or amounts shall never exceed the total contract price reduced by the amount of payments otherwise made and as further reduced by the y�' 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 C7-7.16(E) � hereafter, prescribing the amount to be paid to the Contractor by reason of � the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. I� C7-7(11) � � � � E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16(D) upon the whole amount to be paid to the Contractor by reason of the termination of the work pursuant to this section, the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the Contractor under this section there shall be deducted; 1. all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; 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 y portion of the contract (the portion not terminated by notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; noting contained herein, however, shall limit � the right of the owner and the Contractor to agree upon the amount or amounts to be paid tot he Contractor for the completion of the continued � portion of the contract when said contract does not contain an established contract price for such continued portion. ..� #�.., H. NO LIMITATION OF RIGHTS: Noting contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF CONTRACT" or any other right which the Owner may have for default or breach of contract by Contractor. � C7-7(12) � � 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. � � � � � � � �J i� � � � �.. `�� C7-7(13) � � Iw. PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT �.� SECTION C8-8 MEASUREMENT AND PAYMENT � C8-8.1 MEASUREMENT OF OUANTITIES: 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 LTNIT 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 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, C8-8(1) i� � and for completing the work in an acceptable manner according to the terms of the Contract Documents. � Y� 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 1 S` and the 5`'' � day of each month, the Contractor shall submit to the Engineer a statement showing an estimate of the value of the work done during the previous month, or estimate period under the Contract Documents. Not later than the 10`h 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 thereo fl. 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 rpartial monthly estimates and payment will be subject to correction in the estimate �- rendered following the discovery of an error in any previous estimate, and such estimate �, shall not, in any respect, be taken as an admission of the Owner of the amount of work � done or of its quantity of sufficiency, or as an acceptance of the work done or the release �"" of the Contractor of any of his responsibilities under the Contract Documents. � The City reserves the right to withhold the payment of any monthly estimate if the Contractor fails to perform the work strictly in accordance with the specifications or provisions of this Contract. C8-8(2) � � � C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance � with the requirements of the Contract Documents. � C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment thereof as outlines in paragraph C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed " and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the � Engineer as soon as the necessary measurements, computations, and checks can be made. � All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. The amount of the final estimate, less previous payments and any sums that have been � deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after the final acceptance by the Owner on a proper resolution r of the City Council, provided the Contractor has furnished to the owner satisfactory � evidence of compliance as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit as furnished by the City, certifying that; '�� A. all persons, firms, associations, corporations, or other organizations ,_„ furnishing labor and/or materials have been paid in full, B. that the wage scale established by the City Council in the City of Fort Worth has been paid, and C. that there are no claims pending for personal injury and/or property damages. 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. � C3-8(3} � r � � 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 4� thereafter. r., C8-8.9 ADEOUACY OF DESIGN: It is understood that the Owner believes it � has employed competent engineers and designers to prepare the Contract Documents and � all modifications of the approved Contract Documents. It is, therefore, agreed that the � Owner shall be responsible for the adequacy of its own design features, sufficiency of the ;,� Contract Documents, the safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the � said Contract Documents, all approved modifications thereof, and additions and alterations thereof approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the Contract � Documents, approved modifications thereof, and all alterations thereof. C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor � any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of the work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any �J express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to the other work resulting therefrom which shall appear within a period of one year from the date of � final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outlined. � The Owner will give notice of observed defects with reasonable promptness. �` C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by � documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific �' item for bid has been provided for in the Proposal, shall be considered as a subsidiary � item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of work � which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured tot he 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. � � � � � � ' � � LJ � � � � � C8-8(5) �..a , ��, � � � �► � � �� 0 � � � � 0 � A.R� CS �P ` � ,� r � � � LJ � � SUPPLEMENTARY CONDITIONS FORT WORTH, WATER DEPARTMENT WATER AND WASTEWATER TREATMENT PLANT PROJECTS June 1,1998 1. CONTRACT DOCUMENTS: In Section C1-1.2 CONTRACT DOCUMENTS, delete Paragraph C1-1.2b SPECIAL CONTRACT DOCUMENTS and add the following: (� "b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are �.,� prepared for each specific project as a supplement to the General Contxact Documents and include the following items: � PART A- NOTICE TO BIDDERS (Advertisement) SPECIAL INSTRUCTION TO BIDDERS PART B - PROPOSAL (Bid) � M/WBE BID SPECIFICATIONS PART C - GENERAL CONDITIONS PART CS- SUPPLEMENTARY CONDITIONS PART D - SPECIAL CONDITIONS PART E - TECHNICAL SPECIFICATIONS PERMITS/EASEMENTS (Some Permits are Multicolored) PART F- BONDS AND INSURANCE , ' PART G - CONTRACT '" PART H- PLANS/FIGURES (may be bound separately) White White White Golden Rod Canary Yellow Green Green White White White White White" L�J l�J L�J � 2. DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: Delete entire Paragraph C 1-1.17, and replace with the following: � C1-1.17 DIRECTOR OF TRANSPORATION AND PiJBLIC WORKS:, The officially appointed Director of the� Transportation and Public Works Department of the City of Fort Worth, or his duly authorized representative, assistant, or agents. L� � � � 3. DIRECTOR OF ENGINEERING: Add the following paragraph after C1-1.17 and before C1-1.18: • C1-1.17A DIRECTOR OF ENGINEERING�: The officially appointed Director of the Department of Engineering of the City of Fort Worth, referred to in tfie charter as the City Engineer, or his duly authorized representative assistant, or agents. 4. ENGINEER: Delete entire Paragraph C1-1.19, and replace with the following: The Director of the Fort Worth Department of Engineering, the Director of Fort 'jr'j Worth Transportation and Public Works Department, the Director of the Fort Worth � Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. � � CS-1 8. MINORITY BLtSINESS ElA1TERPRISE/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Delete entire Paragraph C�3-3.2, and replace with the following: C3-3.2• MINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an 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 the 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 oxdinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. 9. C3-3.5 AWARD OF CONTRACT is •modified to read as follows: "The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed the period stated for the duration of the Bid Security stated iri the Notice to $idders or 90 days, whichever is shorter." 10. C3-3.7 BOND'S. For the Paragraph after Paragraph C3-3.7d OTHER BONDS, which begins with "No sureties", change the entire paragraph to read as follows: "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 the surety shall be acceptable to the Owner. In order for a surety to be acceptable to the Owner: (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties {Circular 870}, or (2) the surety must have capital� and surplus equal to ten times the amount of the bond. ' The surety must be licensed to do business in the State of Texas. The amount of the amount of the bond shall not exceed the amount shown on the treasury list or one- tenth (1/10) of the total capital and` surplus. If reinsurance is required, the company writing the� rei�surance must be authorized, accredited or trusteed to do business in the State of Texas. Each bond shall be properly executed by both the Contractor and the Bonding Company." CS-3 C�� I � ��J 1. Allowance to the Contractor°'for overhead and profit for extra work performed,by the Contractor's own forces shall not exceed 15%. 2. Allowance to the Contractor for overhead and profit for extra work performed by a subcontractor and supervised by the Contractor shall not exceed 10%. Contractor shall be reimbursed for direct field overhead when the change requires an extension of the Contract period. Contractor shall not be reimbursed for indirect overhead or indirect costs related to changes to this contract. 13. TESTING COSTS: Section 5-5.12, revise the first sentence to read as follows: "Where, as called for in the Contract Documents, t�sts of materi�ls or equipment are necessary, such �tests will be made at the expense of and paid for by the Contractor unless otherwise specifically provided for in the Technical Specifications." 14. LAWS TO BE OBSERVED: Section C6-6.1, delete "or which may be enacted � later". After the word "exist" add "at the time of the, Contract or may, be hereafter exist during the performance of the Contract." �l LJ � L�J � � .'�1 L�l Lf � 15. BUILDING PERMITS: Paragraph C6-6.2� Insert the following at the end of the paragraph; � "Contractors are responsible for obtaining• 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 charg�. Water and sewer access fees will be paid by the Water Department. Any other permit fees aze the responsibility of the Contractor." 16. BARRICADES, WARNINGS AND FLAGMEN: In Paragraph C6-6.8, replace the word "watchmen" wherever in appears with the word "flagmen". In the first paragraph, lines five (5) and six (6), replace "take all such other precautionary measures" with "take all reasonable necessazy measures". 17. STATE SALES TAX: A. Delete Paragraph C6-6.21 STATE SALES TAX in its entirety. B. This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise, and Use Tax Act. All equipment and materials not consumed by or incorporated into the proje�t 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, CS-5 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." . 19. RIGHT TO AUDIT: Add the following to Section C8-8: C-8-8.14 RIGHT TO AUDIT: "(a) The Contractor agrees that the City shall, until the expiration of three (3) yeazs after final payment under this contr�ct, 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 Con�ractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance witli the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor �urther 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 arEicle together with subsection (c) hereof. The City shall give'subcontractor reasonable �dvance 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 - SS cents for the first page plus,,fifteen cents for each page thereafter." (5/25/93) 20. SCHEDULE OF COSTS: Add the following to Section C8-8: C8-8.15 SCHEDULE OF COSTS: Following the completion of all work on the Project and prior to submitta.l of a request for final payment, the Contractor shall provide a'Schedule of Costs to City for approval which lists all equipment systems, structures, building electrical and HVAC systems, overhead and project related costs. The items will be grouped into categories using the Owner's list of category codes which will be provided by the Owner at the Preconstruction Conference. CS-7 A E� a � � � c� � � c� � � � c� � � c� o c� � � � c� c� i � SPECIAL CONDITIONS TABLE OF CONTENTS [�J � � � LrJ L�J � L�J LJ � � � � � � L�1 D-1 GEN�RAL: -------------------------------------------------------------------------------D1 D-2 PROJECT DESIGNATION: --------------------------------------------------------=--D1 D-3 PROJECT SIGNS:-----------------------------------------------------------------------Dl D-4 CITY FURNISHED MATEF�IALS: --------------------------------------------------D1 D-5 WAGE R.ATES:--------------------------------------------------------------------------D1 D-6 DEWATERING: -------------------------------------------------------------------------D2 D-7 EXISTING i1TILTIES: ---------=-------------------------------------------------------D2 D-8 EXPLORATORY EXCAVATIONS: ------------------------------------------------D3 D-9 TEST HOLES: ---------------------------------------------------------------------------D3 D-10 SUBSTITUTIONS: --------------------------------------------------------------------D3 D-11 CRUSHED LIMESTONE BACKFILL: --------------------------------------------D3 D-12 2:27 CONCRETE: ---------------------------------------------------------------------D4 , D-13 TRENCH SAFETY: -------------------------------------------------------------------D4 D-14 REMOVAL, SALVAGE AND ABANDONMENT OF EXISTING FACILITIES: --------------------------------------------------------DS D-15 VALVE BLOCKING: ------------------------------------=-------------;-------------DS D-16 DUC'I'ILE IRON PIPE AND GRAY-IRON FITTINGS: -----------------------D6 D-17 DETECTABLE WARNING TAPES: -----------------=----------------------------D6 D-18 VALVE CUT-INS: --------------------------------------------------------------------D6 D-19 CONNECTION OF EXISTING MAINS: ---------------------------------=-------D7 D-20 CONCRETE ENCASEMENT: ------------------� ----------------------------------D7 D-21 CONNECTION TO EXISTING STRUCTURES: -r-----------------------------D7 D-22 BID ALTERNATIVES: -------------------------------------------------------------D7 D-23 SITE PREPARATION: -------------=-----------------------------r-------------------D8 D-24 TEMPORARY SOIL EROSION SEDI•MENT AND WATER POLLUTION CONTROL: -----------------------------------------------------------D8 D-25 HYDRO MULCH SEEDING AND SODDING: -=--=----------------------------D9 D-26 TRAFFIC CONTROL: -------------------------------------------- =-----------------D10 D-27 WORKER'S COMPENSATION INSURANCE: --------------------------------D10 D-28 TRENCH EXCAVATION, BACKFILL AND COMPACTION: --------------D13 D-29 SHOP DRAWINGS: ------------------------------------------------------------------D15 D-30 OPER.ATING AND MAINTENANCE.MANUAL: -----------------------------D16 D-101 TESTING: -----------------------------------------------------------------------------D17 D-102 SUBSIDIARY WORK: ----------------------------- -------D18 �------------------------ D-103 ADDENDA: --------------------------------------------------------------------------D18 D-104 OSHA STANDARDS: ---------------------------------------------------------=----D18 D-105 PROJECT SUPERINTENDENTS: -----------------------------------------------D18 D-106 RESIDENT ENGINEER: -----------------------------------------------------------D19 D-107 PROGRESS PHOTOGRAPHS: ---------------------------------------------------D19 D-108 TERMINATION: --------------------------------------------------------------------D19 D-109. HAZARDOUS AND TOXIC MATERTALS: ----------------------------------D20 D-110. SPOIL AND FILL MATERIAL: -------------�-�--------------------------------D20 D-111 AGE: -------------------------------------------------�--------------------------------D20 D-112 DISABILITY: -------------------------------------------------=----------------------D21 D-113 INDEMNIFICATION: -------------------------------------------------------------D21 D-114 CONSTRUCTION ADMINISTRATION ---------------------------------------D21 D-1 statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contr�ctor 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 ai`e sliown and wage rates shown in specific classifications are in conflict, the higher wage will be used. D-6 DEWATERING: . T'he Contractor shall be responsible for determining the method of dewatering operation for the water or sewage flows from the existing mains and ground water. The Contractor shall be responsible for damage of any nature resulting from the dewatering operations. The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer. Ground water shall not be discharged into sanitary sewers. Dewatering `shall be considered as incidental to a construction and all costs incurred will be considered�to be included in the linear foot bid price of the pipe. D-7 EXISTINC UTILTIES: The plans show the locations of all known surface and �subsurface structures. However, the Owner assumes �no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying• the locations of and protecting all existing utilities, service lines, or other properiy crossed or exposed by his co�struction operations. Contractor shall make all necessary provisions for � the support, protection, relocation, and or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage pipes, and all other'utilities and structures both above and below ground during construction. The Contractor is liable for all damages done to such existing facilities as a result of his operations and any and all cost incurred for the protection and or temporary relocation of such facilities shall be .included in the cost bid per• linear foot of pipe , installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED. Where existing utilities or service lines are cut, broken or damaged, the Contractor shall replace or repair the utilities or service lines with the same type of original material and construction, or better, unless otherwise shown or noted on the plans, at his own cost and expense. "The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the owners of all utilities to locate existing underground facilities and notify the Engineer at once of any conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for xhe purpose of making such changes or repairs, of their property, that may. be made necessary by performance of this contract. � D-2 L'�J L�J �� D-12 2:27 CONCRETE: Transportation and Public Works Department typical Sections for Pavement and Trench Repair for Utility Cuts Figures 1 through 5 refer to using 2:27 Concrete as base repair. Since this call-out includes the word "concrete"�, the consistent interpretation of, the Transportation Public Works Department is that this ratio specifies two (2) sacks of cement per cubic yard of concrete. With the exception. of the cement content, all other requirements shall meet or exceed �Transportation and Public Works Department Standard Specification Item 406 Class D Concrete. D-13 TRENCH SAFETY: � 1. GENER.AL: This specification covers the trench safety requirements for all trench excavations in order to protect workers from cave-ins. The requirements of this item govern all trenches for mains, manholes, vaults, service lines, and all other fl appurtenances. ��l �*J '�l � � i� I'� � 2. STANDARDS: The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Subpart P- Excavations, are hereby made a part of this s�ecification and shall be the� minimum governing requirements for trench safety. 3. DEFINITIONS: A. TRENCHES: A trench is referred to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where the width measured at the bottom is not greater than fifteen (15) feet. If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to fifteen (15) feet or less �at the bottom of the excavation, the excavation is also considered to be a trench. B. BENCHING -SYSTEM: Benching means excavating the sides of a trench to form one or a series of �horizontal levels or steps, usually with vertical or near- vertical surfaces between levels. C. SLOPING SYSTEM: Sloping means excavating to form sides of a trench that are inclined away from the excavation. D. SHIELD �YSTEM: Shields used in trenches are generally referred�to as "trench D boxes" or "trench shields." Shield means a structure that is able to withstand the „ fo�rces imposed on it by a cave-in and protect workers within the structure. Shields can be permanent structures or can be designed to be portable and move along as � the work progresses. Shields can be either premanufactured or job-built in accordance with OSHA standards. ,I� I� E. SHORING S�STEM: 5horing means a structure such as a metal hydraulic, mechanical or timber system that supports the sides of a trench and which is D-4 � Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe, Fittings, and Specials, Sub Section E2-7.11 Cast Iron Fittings; the first• Paragraph shall °be revised to read as follows: "E2-7.11 DUCTILE-IRON AND GRAY-IRON FITTINGS: All ductile-iron and gray-iron fittings shall be furnished with cement mortar lining as stated in Section El- 7. The price bid per 'ton of fittings shall be �payment in full for all fittings, joint accessories, polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle necessary for construction as designed. All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E1-13 arid Construction Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle. Payment for the polyethylene wrapping, horizontal concrete blocking, vertical tie-dowxl concrete blocking, and concrete cradle shall be included in bid items for valves and fittings and no othe�r payment will be allowed." D-17 DETECTABLE WARNING TAPES: Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic water or sanitary sewer pipe. The detectable tape shall be "Detect Tape" manufactured by Allen Systems Znc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils. and the width shall not be less than 2" inches with a minimum unit weight of 2-1/2 pounds/1 "/1000'. The tape shall be color coded arid imprinfed with the message as follows: Tvne of Utilitv Color Code Le�ends Water Sewer Safety Blue Safety Green Caution Buried Water Line Below Caution Buried Sewer Line Below Installation of detectable tapes shall be per manufacturer's recommendations and shall be as close to the grade as is practical for optimum protection and detectability. Allow a minimum of 18" inches between the tape and the pipe. Payment for work such as backfill, bedding, blocking, detectable tapes and all other associatecl appu�tenances required shall be included in the subsidiary to the cost of pipe installation. D-18 VALVE CUT-INS: It may be necessary to cut-in �gate valves to isolate the water main from which the extension and/or replacement is to be connected. This may require closing valves in other lines and putting consumers out of service for that period of time �necessary to cut in the new valve; the work must be expedited to the utmost and all such cut-ins must be coordinated with the engineer in charge of inspection. A1.1 consumers shall be individually advised prior to the shut out and advised of the approximate length of time they may be without service. �. L'�"1 L�J ,'�� L�J �*J �f l�J �� L�J � ,'� I� � l�!1 �' � ��J cost for this shall be considered as subsidiary and no additional compensation will, be allowed. D-23 SITE PREPARATIbN: • 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 operations. The contractor's attention is directed to Pazagraph C6-6.10 Work Within Easements, Page 6-6(4), Part C- General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs incurred will be included in the Linear Foot price of the pipe. D-24 TEMPORARY SOIL EROSION SEDIMENT AND WATER POLLUTION CONTROL: 1. DESCRIPTION: T'his item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the pennanent control measures unless otherwise directed by the Engineer and they shall not include measures taken by the CONTRACTOR to control conditions created by his construction operations. The temporary measures sha11 include dikes, dams, berms, sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices. � 2. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface area of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible- earth material exposed by excavation, borrow and to direct the CONTR.ACTOR to provide temporary pollutimn-control measures to prevent contamination of adjacent streams, other water courses, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats seeding or other contro�l devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution-control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right of way, clearing and grubbing, excavation and borrow to be proportional to the � CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution-control measures current in 'accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil-erosion-control measures shall be performed as directed by the Engineer. The amount of surface .�area of erodible-earth material.exposed at one time shall not exceed 750,000 square feet for each excavation operation, 750,000 square feet for each material so�.u�ce operation (other than from commercially operated sources), 750,000 square feet for each preparing of right-of-way operation or 750,000 square feet for each clearing and grubbing operation, unless otherwise shown on the plans or with prior approval by the Engineer in writing. D-8 Payment for work and all associated appurtenants required, shall be included in the appropriate bid item(s). D-26 TRAFFIC CONT'ROL: • The Contractor shall be responsible for providing traffic control during the construction of this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the "State of.Texas Uniform Act Regulating Trafiic on Highways", codified as Article 6701 d Vemon's Civil Statues, pertinent sections being Section Nos., 27, 29, 30 and 31., The Contractor shall execute this work in such a man�er as to create a minim�un of interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian traffic within the project area. � Barricades, warning and detour signs shall conform to be the Standard Specifications for street and storm drain construction, "Barriers and Warning and/or Detour Signs", Item 524, and/or as directed by Engineer. The Contractor will not remove any regulatory sign, instructiona� 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 nurriber 871-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to'the zemoval of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required. specifications, the permanent sign shall be left in place until the temporary sign requirements or met. When construction work is completed to the extent that the permanent sign can be re°-installed, the Contractor shall again contact the Signs and Markings. Division to re-install the permanent sign and shall leave his temporary sign, in place until �such re-installation is .completed. D-27 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 sta.te 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 perfo'rm work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of worker's compensation insurance covering each employee on the project. Contractor will not permit any subcontractor to perform work on the` project until such certificate has been acquired. Contractor shall provide a copy of.all such certificates to the Owner (City). . C. Worker's Compensation Insurance Coverage. 1. Definitions: D-10 LJ L!9 L•J 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 proj ect. 0 8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by Texas Worker's Compensation Corrnmission, informing all person$ providing services on the projects that they .are required to be covered and Oreport lack of coverage. �'�■J L� � L�J L�J 9. The contractor sha11 con�ractually require f;ach person with whom it contracts to provide services on a project, to: provide coverage, based on proper repofing 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; (a) provide to the contractor. prior to that �.erson beginning work on the project, a certificate of coverage showing that coverage, is being provided for all employees of the person providing ser�ices on the project, for the duration of �the project; • (b) provide the �Contractor. prior to the end �f the coverage period a new certificate of coverage showing the extension of .�overage, if the coverage period shown on the current certificate of coverage er�ds during the duration of the project; (c) obtain•from each other person with it contracts, and provide to the contractor: � � L�J LtJ � L;J � (1) a certificate of coverage, prior to tr�.e other person beginning on the project; and . (2) a new certificate of coverage show�ing 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; � (d) retain all required� certificates of cove rage on file for duration of project and for one year thereafter. (e) notify the City in writing by certified^mail or personal delivery, within 10 days after the person knew or should ha�ke known, of any change that materially affects the provision of�'coverage of� any person providing services on the project; and � � ; D-12 � 1. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and Backfill, if the� stated maximum trench widths are exceeded, either through accident or otherwise, and if the Engineer determines that the desig� loading of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be conf ned to the width of permanent rights-of-way, permanent easemerits, and any temporary construc�tion easements. All excavation shall be in strict complianc� with the Trench Safety Systems Special Condition of this document. ` 2. TREIVCH BACKFILL: Trenches which lie outside of existing or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill, material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the �.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If exca�ated material is obviously �ranulaz in nature, containing little or no plastic material, the Engineer may waive th� test report requirement. See E1-2.3, Type "C" or "D" Backfill, and E2-2.11 Tren�h Backfill for additional requirements. When Type, "C" back-fill material is not suitable, at the direction of the Engineer, Type "B" backfill material shall be used. In general, all backfill maierial for trenches in existing paved streets shall be in accordance with Fig�r� A. Sand material specified in Figure A shall be obtained from an approved source and shall consist of durable particles free of thin or elongated pieces, lumps of clay, soil, Yoam or vegetable matter and shall meet the foll'owing gradation: Size Sieve % Retained -#4 0-5 # 16 0-20 �P.I. �= 8 or less) Size Sieve % Retained #50 0-50 • #100 60-95 #200 90-100 3. TRENCH COMPACTION: All trench backfill shall be placed in lifts per E2-2.9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to °a minimum of 90% Standard Proctor Density (A.S.T.M. D698) by means of tamping only. Trenches which lie under existing or future pavement shall be backfilled per Figure A with 95% Standard Proctor Density by jetting, mechanical tamping, or a combin�.tion of methods. Backfill material to be mechanically tamped must be within +-4% of its optimum moisture content. The top two (2) feet of sewer line trenches and, the top eighteen (18} inches of water line may be rolled in with heavy equipment tires, provided it is placed in lifts appropriate to the material being used and the operation can be performed without damage to the installed pipe. The Contractor shall obtain the services of an independent testing laboratory to perform trench compaction tests per A.S.T.M. standards on all .trench backfill. Any retesting D-14 � ry � � � � i� � � l� � � � � � � � � �� I� LJ L�J Additional shop drawing requirements are described in some of the material specifications. 3. Address for Submittals -'The submittals shall be addressed io the Chief Design Engineer: � David R. Townsend, P.E. Fort Worth Water Department Engineering Division � P.O. Box 870 Fort Worth, TX 76101 � � I� I�J �� L�J �� C�I � �J L�J � �J � D-307 OPERATING AND MAINTENANCE MANUAL: A. The Coritracto.r shall provide five copies of complete "O & M Manuals." All information should be bound in five separate loose-leaf binders and delivered to the Owner at least two weeks prior�to final inspection of the project. . B. For each product, equipment, or system the following data shall be provided (unless deemed inappropriate by the Engineer): 1. A general description of the equipment or system listing the major components, intended service, and other general data. 2. Technical data including riameplate data, desi�n parameters, ratings, ca�acity, performance data, operation curves, characteristics and the like. CTeazly distinguish between information which does and does not apply. 3. List of warnings and cautions to be observed during installation, operation, and maintenance. � . 4. Fully detailed installation and operating instructions including special tools required, alignm�nt instructions, start-up and shut-down seque�ces. 5. Maintenance, service, and repair instructions including maintenance and service schedules, materials and methods for performing routine, special, and annual service. 6. �Troubleshooting guide and check list indicating common failures, test methods and procedures for determining component fault or failure. . 7. Spare parts list indicating part and order number with name and address of supplier. Include current prices of replacement parts and supplies. 8. Typewritten test reports in�luding material and system tests performed. Including date of test; testing party, witnesses and record of test conditions and results in test reports. 9. Diagrams to include controls, wiring, ,installation or operation of the equipment or system. ' � D-16 D-103 ADDENDA: Bidders wanting further information, interpretation or clarification of the contract documents must make their requesY in writing to the Fort W,orth 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 fo their meaning, the bidder should at once notify , the Fort Worth Water Department Engineeririg 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. , 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 t�e provisions of the regulations published by the OSHA in the 'Federal Register and to perform all the responsibilities thereunder. It is the �ontractor'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 p'roject 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 similaz 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 reguest is made for replacement of the superintendent and shall be approved. by the Own�r prior . to withdrawing the superintendent. During the construction of the project, the resident superintendent shall demonstrate an ability to properly execute the work outlined in the contract documents in a timely manner and shall consistently produce work of an acceptable quality and in accordance with the contract documenfs. If the Owner shall have a reasonable obje�tion 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 repla�ement of a resident representative. D-106 RESIDENT ENGINEER'. The General Conditions, Section C 1-1.19 ENGINEER, defines vazious 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 pe�rsonnel, including D-18 � � established in Article 6252-19, Texas Revised Code and other applicable State statutes and Constitutional provisions. � D-110. SPOIL AND FILL'1VIATERIAL:, Prior to disposing on any spoil/f��ll material, the contractor shall advise the Director of Transportation and Public Works, acting� as the City of Fort Worth's Flood Plain � Administrator ("Administrator"), Qf the location of all sites where the contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of-the � Flood Plain Ordinance of the City of Fort Worth (Ordinance No 10056). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within � a flood plain without a permit. A flood plain permit can be issu d upon approval of necessary engineenng studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the �. contractor's dispos'al sites shall be evidenced by a letter signed by the Administrator stating the site is not in a known flood plain of by a Flood P1ain Fi11 Permit authorizing � � fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the contractor's expense. � In the event the contractor disposes of spoil/fill material at a site without a fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of Transportation and Public Works, the contractor shall remove the spoiUfill � material at its expense and dispose of such materials in. accordance with the Ordinances of the City and this section. . � � L�l L�� L�J C � 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: � D-20 � � Information Request (PIR) form provided by the Owner. Sufficient information shall be attached to permit a written response without further infor-mation. The Owner will log each request and will review the request. If review of the Project information request (PIIZ) 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 o£ Texas Registered Professional Engineer, Said design and plans shall include, but not be limited to. paving, buildings, mechanical and electrical systems, foundation, etc. D-22 L�'J LJ � L�� l�J , �� L�� L�J �' CITY OF FORT WORTH HIGHWAY CONTRUCTION PREVAILING WAGE R.ATE FOR 1999 CLASSIFACTION PAVENIENT MARKING MACHINE ROLLER, STEEL WHEEL PLANT-MIX PAVEMENTS ROL�,ER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING ROLLER, PNEUMATIC, SELF-PROPELLED SCRAPER SCRAPER TRACTOR-CRAWLER TYPE TRACTOR-PNEUMATTC TRAVELING MIXER WAGON-DRII,L, BORING MACHINE REINFORCING STEEL SETTER PAVING REINFORCING STEEL SETTER STRUCTURES STEEL WORKER STRUCTURAL SPREADER BOX OPERATOR WORK ZONE BARRICADE TRUCK DRNER-SINGLE AXI,E LIGHT TRUCK DRNER SINGLE AXLE HEAVY TRUCK DRIVER-TANDEM AXLE SEMI TRAILER TRrtTCK DRNER-LOWBOY/FLOAT TRUCK DRNER-TRANSIT MIX TRUCK DRNER WIlVCH VIBRATOR OPERATOR-HAND TYPE WELDER 2 HOURLY RATE 732 9.06 8.59 8.48 9.63 10.58 9.15 8.83 12.00 13.21 13.31 14.80 10.00 �.32 8.965 9.02 8.77 10.44 9.47 9.00 7.32 11.57 1999 . BUILDING & CONSTRUCTION TRA,DES STANDARD WAGE RA►TE FOR TARRANT COUNTY x CLASSIFACTION PIPEFITTER PIP�r�ri��1��R HELPER PLASTERER PLASTERER HELPER PLUMB�R PLUMBER HELPER REINFORCING STEEL SETTER REINFORCING STEEL HELPER ROOFE�Z ROOFER HELPER SHEET METAL WORKER SHEET METAL °WORKER HELPER SHEETROCK HANGER SHEETROCK HANGER HELPER SPRINKLER SYSTEM INSTALLER SPRINKLER SYSTEIv1 INSTALLER HELPER STEEL WORKER STRUCTURAL � STEEL WORKER.STRUCTURAL HELPER WELDER WELDER HELPER HOURLY RATE $14.35 10.93 15.29 8.63 16.26 9.59 11.88 .9.18 13.17 7.82 15.87 9.29 12.70 9.71 16.95 7.81 14.66 7.91 14.87 9.67 � � , � � � �� . � L!i � ��J L'�J HEAVY EQUIPMENT OPERATORS EQUTPMENT OPERATORS CONCRETE PIJMP OPERATORS, CRANE, CLAMSHELL, BACKHOE, DERRICK, D'LTNE SHO � FORKLIFT OPERATOR FOUNDATION DRILL OPERA.TOR FRONT END LOADER OPERATOR TRUCK DRIVER 14.66 15.50 13.05 10.54 11.66 11.60 9.80 a L�� L�'J 2 � � 0 W � <C � �► � p � � � � � � � � � � � � � � � � � J � � L�l L�J � � � � � � � L� 01010 SUMMARY OF WORK 1.00 GENERAL 1.01 WORK INCLUDED A. Construct work as described in the Contract Documents. 1. 2. 3. 4. 5. Provide the materials, equipment, and incidentals required to make the project completely operable. Provide the labor, equipment, tools, and consumable supplies required for a complete project. Provide the civil, azchitectural, structural, mechanical, electrical, instrumentation and all other work required for a complete and operable proj ect. Test and place the completed project in operation. Install Owner provided products and place in operation. 1.02 JOB CONDITIONS A. The General Conditions, the Supplementary Conditions, and Division One specifications apply to each specification sections. B. Comply with all applicable state and local codes and regulations pertainir�g to the nature and character of the work being performed. 1.03 DESCRIPTION OF WORK Work is described in �eneral, nonexclusive terms as filter backwash and drain pump station rehabilitation. . . 1.04 OCCUPANCY A. As soon as any portion of the structure and equipment are ready for use, the � Owner shall have the right to operate the por�ion upon written notice to the Contractor. u L*� LRi � L�J B. Testing of equipment and appurtenances including specified test periods, training, and start-up does not constitute acceptance for operation. C. Owner may accept the facility for continued use after start-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. D. The execution of bonds is understood to indicate the consent of the surety. 01010-1 ��J � � � � l!'�J � l!J L�J E. Provide an endorsement from the Insurance Carrier permitting occupancy of the structures and use of equipment during the remaining period of construction. F. 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 a11 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. L� C+�! � l�J � � � �I G. No alcoholic beverages or illegal substances shall be permitted on the site at any - time. 2.00 PRODUCTS 2.01 MATERIALS Provide materials and products per the individual sections of the specifications. END OF SECTION j� ' 01010-2 �,.� l'_"J � � � � l!J � L�J � l�J I�1 ��!'! 01030 SPECIAL PROCEDURES 1.00 GENERAL 1.01 SHUT DOWNS AND PLANS OF ACTION A. Shutdowns 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. b. c. e. f. Electrical power Control power Process piping Treatment equipment Communications equipment Other designated functions 2. Describe the following in the Plan of Action: b. c. d. e. f. Construction necessary Utilities, piping, or services affected Length of time the service or utility will be disturbed Procedures to be used to carry out the work Plan of Action to handle emergencies 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. L!J � L�J LJ L� � 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. Designated Critical Operations are: a. North Holly Backwashing Operations 1) Maximum time out of operation is 8 hours. b. Tie in to Surge Basins. 01030-1 l�1 � 1) Maximum time out of operation is 8 hours. c. Tie in to Service Water lines. � 1) Maximum time out of operation is 2 hours. d. Sedimentation Basin Sludge line Tie in. 1) Maximum time out of operation is 4 hours. � � 5. Liquidated damages will be assessed if work on "Critical Operations" is � not completed within the time indicated. 6. 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 l� � � � � L�J � LJ � � � 01030-2 l_■J � � LsJ � � � � � � 4�1 � � L�J � L�J � � L,� 01650 STARTING SYSTEMS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide step-by-step procedures for the starting of various systems, including equipment, pumps and processes. B. Provide pre-start up inspections by equipment manufacturers. C. Provide instruction and demonstration of operation, adjustment, and maintenance of each system and the component parts. D. Place each system in service and operate the system to prove performance and provide for initial correction of defects in workmanship, calibration, and operation. E. Provide for initial maintenance and operation. 1.02 SUBMITTALS Submittals shall be in accordance with Section D-29, SUBMITTALS, and shall include: 1. A Plan of Action for testing, checking, and starting major equipment and process piping systems. Submit reports as required by this specification. 2. Equipment Installation Reports on form shown in per Section D-29, SUBMITTALS. 3. Operation and Maintenance Manuals per Section D-30, OPERATION AND MAINTENANCE MANUALS. 1.03 STANDARDS Comply with any standards associated with the testing or start-up of equipment, as listed in the various sections of the specifications. 1.04 SPECIAL JOB CONDITIONS A. Do not start or test any apparatus until the complete unit has been installed and thoroughly checked. 01650-1 � � � � � � � l� � � l�J � � � � � L�.� L'�; � B. A representative of the Manufacturer shall be in attendance of tests and start- up procedures when required by these specifications. C. Submit an Equipment Installation report to the engineer for approval of equipment installed on the project. 2.00 PRODUCTS 2.01 TESTING INSTRUMENTATION Furnish any instrumentation or other testing devices needed to conduct tests. 3.00 EXECUTION 3.01 SERVICES OF MANUFACTURERS' REPRESENTATIVES A. The Manufacturer's representative for inspection, supervision of installation, and training must be an experienced and competent technical (not sales) representative of the Manufacturer or Supplier. B. Perform installation, adjustment, and testing of the equipment under the direct supervision of the Manufacturer's representative where specified. C. The Manufacturer's representative is to instruct the Owner or his authorized personnel on operational procedures and maintenance requirements. D. Include the cost of the services of the Manufacturer's representative as part of the equipment price. 3.02 INSPECTION AND START-UP A. All equipment damaged during delivery, installation, and/or start-up shall be performed by a factory authorized manufacturer's representative unless approved by the Engineer. B. � Inspect equipment prior to placing any equipment or system into operation. Make adjustments as necessary for proper operation. 1. Check for adequate and proper lubrication. 2. Determine that parts or components are free from undue stress from structural members, piping or anchorage. 3. Adjust equipment for proper balance and operations. 4. Determine that vibrations are within acceptable limits. 5. Determine that equipment operates properly under full load conditions. 6. Determine that the equipment is in true alignment. 01650-2 C 0 � � il ..J � � L�J C�I � � �� L�9 � � LJ C. Have the Manufacturer's representative present when the equipment is placed in operation. 1. 2 K� The Representative is to be on site as often as necessary for proper and trouble free operation. : The cost for the services of the technical representative required for the proper start-up and operation of the equipment is to be included in the cost for the equipment. Insure that the proper procedure is employed in start up of systems. D. Provide Equipment Installation Reports for Equipment for engineer approval. I 1. Certify that the equipment and rela�ted appurtenances have been thoroughly examined and approved for st�rt-up and operation. � 2. The report is to indicate the date when O�wner's personnel were instructed in the proper operation and maintenance c�f the equipment. 3.03 STARTING REQUIREMENTS Refer to the individual sections of the procedures. 3.04 1NITIAL OPERATION i speqifications for specific start up I E. Start, test, and place equipment and systems into operation for 30 days to allow the Owner and Engineer to observe the ope�ation and overall performance of the equipment and to determine that controlsj function as intended. � i F. Equipment which operates on a limited or p�rt-time basis, shall be operated in the presence of the Engineer to demonstrate �hat controls function as specified. G. Perform acceptance test as specified in I individual speciiication sections. Demonstrate that equipment and systems� meet the specified performance criteria. � H. Equipment and systems shall not be acce'�ted prior to this initial operation period. � i I 3.05 OPERATOR TRAINING � I. Provide instruction and demonstration c�f the care and operation of the equipment to the Owner's personnel. Ins�ruction is to include classroom and hands-on training. � I i i 01650-3 � � J. The scope of the training program is to be in adequate detail to ensure that the � trainees who complete the program will be qualified and capable of operating and maintaining the equipment, products, and systems installed under this contract. I�� L�J lJ I�j ,- � � `�1 � �' � L*,I L7 �i � � K. Operations Training is to include but not be limited to : 1. Orientation to provide an overview of system/subsystem configuration and operation. 2. Terminology, nomenclature, and display symbols. 3. Operations Theory. 4. Equipment appearance, functions, concepts, and operation. 5. Operating modes, practices and procedures under normal, diminished, and emergency conditions. 6. Start-up and shutdown procedures. 7. Safety procedures. ; 8. On-the job operating experience for monitoring functions, supervisory, or command activities. Include functions and activities associated with diminished operating modes, failure recognition, and responses to system/subsystem and recovery procedures. 9. Content and use of Operation and Maintenance manuals and related reference materials. L. Provide training required to perform on-sit� routine, preventative, and remedial maintenance of equipment, product, or system. Maintenance training is to include but not be limited to: � 1. Orientation to provide an overview of system/subsystem configuration and operation. 2. Operations theory and interfaces. , 3. Instructions necessary to ensure a basic theoretical and practical understanding of equipment appearance, layout and functions. 4. Safety procedures. � 5. Use of standard and special tools and tiest equipment. 6. Adjustment, calibration, and use of related test equipment. 7. Detailed preventative maintenance activities. 8. Troubleshooting, diagnostics, and testing. 9. Equipment assembly and disassembly. 10. Repair and parts replacement. 11. Parts ordering practices and storage. 12. Failure and recovery procedures. 13. Cabling andlor interface connectors. 14. Content and use of Operation and Maintenance manuals reference materials. 15. Procedures for warranty repairs. 01650-4 and related L�J � � I� �� C� �� '� lJ � � LI L�J l�J l�l � l�' � 16. Lubrication. 17. Procedures, practices, documentation, and materials required to commence system maintenance. M. Provide a training plan that indicates the schedule and sequence of the training programs. The training plan is to include the following for each course: 1. 2. 3. 4. 5. 6. Number of hours for the course. Agenda and narrative description, including the defined objectives for each lesson. Draft copy of training handbooks. A descriptive listing of suggested reference publications. Audio-visual equipment required for training. Type and number of tools or test equipment required for each training session. N. Provide and use training aids to complement the instruction and enhance learning. 1. Provide training handbooks in the form proposed for use in both classroom and hands-on phases of training for each course. 2. Instructional materials shall include references to the Operation and Maintenance Manuals and identify and explain the use of the manual. 3. Training aids such as films, slides, audio/visual tapes, charts, and other materials are to become the property of the Owner. O. Provide qualified instructors to conduct the training. 1. Instructors must have knowledge of the theory of operation and practical experience with the equipment, product, or system. 2. Instructors must have successfully conducted similar training courses. P. Training shall be video-taped by the Owner or its consultants for use in future training. Provide legal releases or pay additional fees required for training by the manufacturer. Q. Schedule for training is to be approved by Owner. 1. Schedule training and start-up operations for no more than one (1) piece of equipment or system at a time. 2. Owner may require re-scheduling of training if operations personnel are not available for training on a scheduled date. 01650-5 LI �! � I� � l�J u � � ,� � � L�J �� L*�' � �� 3. Provide a minimum of two (2) weeks notice rescheduled. 4. Training is to be limited to 20 hours per week. 5. Time required for training is to be considered in project schedule. if training must be the development of the R. Schedule and coordinate training for equipment, products, or systems which depend upon other equipment or systems for proper operation so that trainees can be made familiar with the operation and maintenance of the entire operating system. 3.06 INITIAL MAINTENANCE. A. Maintain equipment until the project is accepted by the Owner. 1. Contractor shall insure that mechanical equipment is properly greased, oiled, or otherwise cared for as recommended by the Manufacturer. 2. Do not operate air handling equipment unless filters are in place and are clean. Filters shall be changed weekly during construction. B. Service equipment per the Manufacturer's instructions just prior to the Owner taking possession. Replace filters on all air handling equipment operated during construction. 1. Replace replaceable filters and clean permanent filters associated with air handling units or other packaged equipment. Remove and clean screens at strainers in piping systems. 2. Remove and clean screen at strainers in piping systems. 3. Clean insect screen from intake louver screens. C. Maintain equipment until the project is accepted by the Owner. 1. Contractor shall insure that mechanical equipment is properly greased, oiled, or otherwise cared for as recommended by the Manufacturer. 2. Do not operate air handling equipment unless filters are in place and are clean. Filters shall be changed weekly during construction. D. Service equipment per the Manufacturer's instructions just prior to the Owner taking possession. Replace filters on all air handling equipment operated during constnzction. l. Replace replaceable filters and clean permanent filters associated with air handling units or other packaged equipment. Remove and clean screens at 2. strainers in piping systems. 3. Clean insects from intake louver screens. END OF SECTION 01650-6 � �i � 4�J � � � I� LJ 02050 DEMOLITION 1.00 GENERAL 1.01 WORK INCLUDED A. Furnish labor, materials, equipment and incidentals necessary for every type of required demolition. B. Furnish equipment of every type required to demolish and transport construction debris away from the site. 1.02 STANDARDS Work shall be performed in accordance with the codes and ordinances of the agency having jurisdiction over the Place of Record. 1�.03 DELIVERY AND STORAGE � Stockpile construction debris at the site only as long as necessary to haul to a disposal site. Stack materials neatly and handle in an orderly manner until removed from site. � 1.04 JOB CONDITIONS . �'j A. Contractor shall visit the site and determine the extent of demolition required �.,.� and the site conditions that might affect his proposal. Include costs of covering all aspects of the demolition as part of the proposal. L�1 �J L�J � L■1 � L�,! � B. The site and drawings shall be carefully reviewed to determine the extent of necessary demolition and to identify elements of the existing construction which are to remain in place. Property lines and limits of demolition shall be accurately located prior to beginning site demolition. Demolition outside the limits indicated on the plans, or outside the property lines shall not be performed. C. � Determine the location and depth of the underground utilities and avoid damage during demolition procedures. D. Material removed from the construction . site during demolition, and any equipment not otherwise designated to remain the property of the Owner shall become the property of the Contractor, and shall be promptly removed from the construction site. E. Equipment and material designated as remaining the property of the Owner shall be removed from the structure and hauled to a designated location on the 02050-1 � � �� l�, L� LJ C�� site and stored for the Owner's use. Store on wood runners raised above the surrounding grade and cover with weather resistant covering and tie securely. F. Take necessary precautions in removing Owner designated property to prevent damage during the demolition process. Equipment shall be removed in one piece. Loose components may be removed separately. Controls and electrical � equipment may be removed from the equipment and handled separately. Large units, such as motor driven pumps, may be dismantled and motors handled separately. Do not use a cutting torch to separate the Owner's equipment or material. Salvaged piping shall be taken apart at flanges or fittings and removed in sections. G. The Owner's designated property shall include: 1. 2. 3. 4. 5. 6. 7. 8. 9. Motors, starters, relays, disconnect switches, panelboards and breakers. Light fixtures. Control devices of every description Valves, piping accessories, and other major piping components Flush valves and fixture trim from plumbing fixtures Any item noted to be re-installed into the new construction Motorized dampers and operators � Exhaust fans, air handling units, unit heaters and air devices (grilles). Pumps 2.00 EXECUTION 2.01 PREPARATION; SITE CLEARING � A. Perform site clearing to the limits indicated on the drawings. Scrape the site, removing brush, trees, weeds and trash. Haul debris away from the construction site as it accumulates. '� �� l!J � � � B. Grub out tree and brush roots within the limits of buildings, parking lots, driveways, ponds, and other structures. Remove rock out-croppings and boulders from any area within the limits of grading or structures. 2.02 DEMOLITION Demolition shall include any item noted on the drawings or required to make room for new work as indicated on the drawings. Demolition drawings included in the Contract Documents are provided for the Contractor's reference, but are not intended to limit the demolition to those items shown or otherwise noted. Contractor is responsible to verify for himself any demolition necessary to perform the work. Major items listed for demolition with brief description are as follows: 2.03 REMOVAL OF TREES AND SHRUBBERY 02o50-z L1 � A. Remove shrubs and trees located within the site construction/demolition limits, � parking lots, driveways, or other structures, whether indicated on the plans or not. Remove roots and backfill any excavation resulting from tree removal. � L�! L�J B. Trees not located within the construction limits, or otherwise indicated for removal, shall remain in place. Visit the site with the Engineer or Owner and identify those trees that are to remain. Mark all other trees with yellow paint to indicate removal. Protect remaining trees during construction. Wrap the tree trunks with 2 x 4 timbers if construction equipment must operate in close proximity to them. C. Only designated trees shall be removed. In the event that trees other than so designated are erroneously removed, the Owner reserves the right to have additional trees of the same size planted to compensate for those destroyed at the Contractors cost. �� 2.04 REMOVAL OF PIPE � Remove abandoned pipe or abandon in place by capping all open ends. Piping shall be disconnected at joints at structures. Suspended or supported pipe shall be disassembled at joints. Remove associated support and hardware. � 2.05 UNDERGROUND PIPING � A. Contractor shall be responsible for verifying location of underground utilities at the site. Acquire the services of various utility companies and accurately locate underground piping and set color-coded flags along the pipe route. � Investigate utility companies record to ascertain depths and sizes of piping and other ancillary features. � :J � � � �� B. In the event that exact location of piping can not be obtained, Contractor shall dig test holes as necessary to establish location of piping. Contractor shall not use mechanical digging machines within 6' of any active buried piping. For a distance of 50" on either side of buried piping, all digging sha11 be by hand excavation. If the piping is not active, or is to be abandoned or removed, any form of excavation may be used. 2.06 BACKFILLING Backfill cavities resulting from demolition. Fill cavities occurring within the limits of building, structures, or pavements utilizing fill materials in accordance with the requirements of other sections of the specifications. Backfill and compact cavities outside the construction limits to the same density as the surrounding earth. No � testing is required for this type of fill. END OF SECTION 02050-3 � �� L�J '� L� � � � � 03100 CONCRETE FORMWORK 1.00 GENERAL 1.01 WORK INCLUDED Furnish material and labor to form, tie, brace and support wet concrete, reinforcing steel and embedded items until the concrete has developed sufficient strength to remove forms. 1.02 QUALITY ASSUR.ANCE A. DESIGN CRITERiA Forms shall be designed for the pressure exerted by a liquid weighing 150 pounds per cubic foot. The rate of placing the concrete, the temperature of the concrete, and all other pertinent factors shall be taken into consideration when det�zmining the depth of the equivalent liQuid. An additional design live load of 50 pounds per square foot shall be used on horizontal surfaces. B. ALIGNMENT CONTROL � True alignment of wa11s and other vertical surfaces having straight lines or rectangular shapes shall be controlled and checked by the following procedures: � � � �� I � .L�, � � 1. Forming shall be arranged with provisions for adjusting the horizontal alignment of a form, after the form has been filled with concrete to grade, using wedges, turn-buckles, or-other adjustment methods. Establish a transit line or other reference so that adjustments can be made to an established line while the concrete in the top of the form is still plastic. 2. Adjusting facilities shall be at intervals which permit adjustments to a straight line. Concrete shall not be placed until adequate adjusting facilities are in place. 1.03 SUBMITTALS Submittals shall be in accordance with Section D-29, SUBMITTALS and shall include: 3. Drawings or descriptions of additional construction joint locations. � 03100-1 0 � � I�J � � � L,J L*I � � L�J � � 1.04 STANDARDS The applicable provisions of the following standards shall apply as if written here in their entirety: A. American Concrete Institute (ACI) specifications: ACI 301 Specifications for Structural Concrete for Buildings ACI 318 Building Code Requirements for Reinforced Concrete B. American Institute of Steel Construction (AISC) publication: AISC Manual of Steel Construction C. American Iron and Steel Institute (AISI) publication: AISI Cold-Formed Steel Design Manual D. American Plywood Association (APA) standards 1.05 DELIVERY AND STORAGE Lumber for forms shall be stacked neatly on platforms raised above ground. 1.06 JOB CONDITIONS A. The Contractor shall notify the Engineer upon completion of various portions of the work required for placing concrete so that compliance with the plans and specifications may be monitored. The Engineer will authorize the Contractor to proceed with the placement after this has been completed and corrections, if required, have been made. B. In hot weather, both sides of the face forms may be required to be treated with oil to prevent warping and to secure tight joints. 2.00 PRODUCTS 2.01 MATERIALS A. LUMBER: Properly seasoned and of good quality; free from loose or unsound � knots, knot holes, twists, shakes, decay, splits, and other imperfections which would affect its strength or impair the finished surface of the concrete. � B. FIBER BOARD FORM LINING: Hardboard finished smooth on one (1) side; minimum thickness of 3/16"; thoroughly wet with water at least 12 hours before using. I�I � �!� C. PLYWOOD FORM LINING: Conforming to APA HDO; exterior exposure waterproof adhesive, 3/8" thick. 03100-2 �� L�J �J � �� L�'J � � � �� L�J 6iJ � D. FORM OIL: Light, clear oil; shall not discolor or injuriously affect the concrete surface, subsequent coatings, or delay or impair curing operations. 2.02 FABRICATIONS A. LUMBER: Lumber for facing or sheathing shall be surfaced-on at least one (1) side and two (2) edges, and sized to uniform thickness. Lumber of nominal 1" thickness or plywood of 3/4" thickness shall be permitted for general use on structures, if backed by a sufficient number of studs and wales. B. SPECIAL FORM LUMBER 1. Molding for chamfer strips or other uses shall be made of redwood, cypress, or pine materials of a grade that will not split when nailed, and which can be maintained to a true line without warping. The form shall be mill cut and dressed on all faces. Fillet forms at sharp corners, both inside and outside and at edges, with triangular chamfer strips at all noncontiguous edges exposed to view. Thoroughly oil chamfer strips before installation on forms. 2. Construct forms for railings and ornamental work to standards equivalent to first class mill work. 3. All moldings, panel work, and bevel strips shall be straight and true with neatly mitered joints, and designed so that the finished work shall be true, sharp and clean-cut. C. FORMS 1. Forms shall be built mortar-tight and of material sufficient in strength to prevent bulging between supports. 2. Reused forms or form lumber shall be maintained clean and in good condition as to accuracy, shape, strength, rigidity, tightness, and smoo�hness of surface. � 3. All forms shall be so constructed as to permit removal without damage to the concrete. Exercise special care in framing forms for copings, offsets, � railing and ornamental work, so that there will be no damage to the concrete when the forms are removed. � � � � 03100-3 � � � L�J � �II � � �� D. METAL FORMS 1. The specifications for "Forms" regarding design, mortar tightness, filleted corners, beveled protections, bracing, alignment, removal, re-use, oiling, and wetting shall apply equally to metal forms. 2. The metal used for forms shall be of such thickness that the forms will remain true to shape. Bolt and rivet heads on the facing sides shall be counter�unk. Clamps, pins, or other connecting devices shall be designed to hold the forms rigidly together and to allow removal without injury to the concrete. 3. Metal forms which do not present a smooth surface or line up properly shall not be used. Exercise special care to keep metal free from rust, grease, or other foreign material that discolors the concrete. E. FORM LININGS 1. Timber forms for exposed concrete surfaces which are to be given a rubbed finish, shall be facelined with an approved type of form lining material . � 2. If plywood is used for form lining, it shall be made with waterproof adhesive and have a minimum thickness of 3/4". It shall preferably be ' oiled at the mill and then re-oiled or lacquered on the �ob before using. � L� � I!J LJ � � � � 3. If fiber board is used, apply water to the screen side on the board. Stack the boards screen side to screen side. Use the smooth hard face as the contact surface of the form. Such surfaces may be formed with 3/4" thick plywood made with waterproof adhesive if backed with adequate studs and wales. The greatest strength of the outer plies should be at right angles to the studding. In this case, form lining will not be required. 4. Carefully align edges and faces of adjacent panels and fill the joints between panels with patching plaster or cold water putty to prevent leakage. Lightly sand with No. 0 sandpaper to make the joints smooth. 5. Forms which are reused shall have all unused form tie holes filled and smoothed as specified above. M��:��III�F.� 1. Metal form ties shall be used to hold forms in place and to provide easy metal removal. The use of wire for ties shall not be permitted. 03100-4 �i I�I U � LJ LJ � 2. When removing for tie assemblies which are used inside the forms to hold the forms in correct alignment, leave no metal or other material within 1- 1/2" of the surface. The assembly shall provide cone-shaped depressions in the concrete surface at least 1 inch in diameter and 1-1/2 inches deep to allow filling and patching. Such devices, when removed, shall leave a smooth depression in the concrete surface without undue injury to the surface from chipping or spalling. 3. Burning off rods, bolts, or ties shall not be permitted. 4. Metal ties shall be held in place by devices attached to wales. Each device shall be capable of developing the strength of the tie. � 5. Metal and wooden spreaders which are separate from the forms shall be wired to top of form and shall be entirely removed as the concrete is placed. 1 �� I�J ��I � �■JI Li LJ 6. In the construction of basement or water bearing walls, the portion of a single rod tie that is to remain in the concrete shall be provided with a tightly fitted washer at midpoint to control seepage. Multi-rod ties do not require washers. The use of form ties which are tapered or encased in paper or other material to allow the removal of complete tie, and which leave a hole through the concrete structure, shall not be permitted. G. FALSEWORK 1. Falsework shall be designed and constructed so that no excessive settlement or deformation occurs. Falsework shall provide necessary rigidity. � �a �� Timber used in falsework centering shall be sound, in good condition and free from defects which impair its strength. Steel members shall be of adequate strength and shape for the intended purpose. � 4. Timber piling used in falsework may be of any wood species which Dsatisfactorily withstands driving and which adequately supports the superimposed load. � LJ � � 5. When sills or timber grillages are used to support falsework columns, unless founded on solid rock, shale or other hard materials, place them in excavated pits. Backfill to prevent the softening of the supporting material from form drip or from rains that may occur during the construction process. Sills or grillages shall be of ample size to support the superimposed load without settlement. 03100-5 � a 6. Falsework not founded on a satisfactory spread footing shall be supported aon piling, which shall be driven to a bearing capacity to support the superimposed load without settlement. � 3.00 EXECUTION � � 3.01 PREPARATION Before placing concrete, insure that embedded items are correctly, firmly and securely fastened into place. Embedded items shall be thoroughly clean and free of oil and other foreign material. Anchor bolts shall be set to exact locations by the use of suitable anchor bolt templates. 'I� � l■l 3.02 I:� INSTALLATION PRE-PLACEMENT 1. During the elapsed time between building the forms and placing the concrete, maintain the forms to eliminate warping and shrinking. 2. Treat the facing of forms with a suitable form oil before concrete is Q placed. Apply oil before the reinforcement is placed. Wet form surfaces which will come in contact with the concrete immediately before the concrete is placed. � � L�J � L!J C � � L�J 3. At the time of placing concrete, the forms shall be clean and entirely free from all chips, dirt, sawdust, and other extraneous matter at the time . Fortns for slab, beam and girder construction shall not have tie wire cuttings, nails, matches or any other matter which would mar the appearance of the finished construction. � Clean forms and keep them free of foreign matter during concrete placement. B. PLACEMENT 1. Set and maintain forms to the lines designated, until the concrete is sufficiently hardened to permit form removal. If, at any sta.ge of the work, the forms show signs of bulging or sagging, immediately remove that portion of the concrete causing this condition. If necessary, reset the forms and securely brace against further movement. � 2. Erect forms completely before the reinforcement is placed. For narrow walls and other locations where access to the bottom of the forms is not otherwise readily attainable, provide adequate cleanout openings. 03100-6 C � � 3. �Carefully and accurately place and support reinforcement in concrete structures. ' C. REMOVAL � Remove forms so that the underlying concrete surface is not marred or damaged in any way. Forms shall not be removed until-the concrete has attained sufficient strength (minimum of 28-day compressive strength) to safely carry the dead load, � but in no case less than the number of curing days set forth in the following table: Forms for concrete of minor structural loaal 1 Day Ocarrying importance D Forms for walls, columns, sides of piers, massive 1 Day structural components and other members not resisting a bendmg moment during curing � Forms and falsework under slabs, beams and 7 Days girders where deflections due to dead load � moment may exist (for spans <_ 10 ft) Forms and falsework under slabs, beams and 14 Days Q girders where deflections due to dead load moment may exist (for spans @ 10 ft and <_ 20 ft) �I � � u � LJ � � " END OF SECTION � 03100-7 � O � � � � � �� l� � � � � � 03200 CONCRETE REINFORCEMENT 1.40 GENERAL 1.01 WORK INCLUDED Furnish labor and reinforcing materials required to cut, bend-, tie, splice, place and support the reinforcement in the material grades, sizes, quantities and locations specified. 1.02 QUALITY ASSURANCE TOLERANCES Reinforcement shall be placed where specified, with the following maximum tolerances, plus or rninus: � 1. Cover 1/4" 2. Spacings 1/4" in 12" 1.03 SUBMITTALS Submittals shall be in accordance with Section D-29, SUBMITTALS and shall include: 1. Record data for layout (shop drawings with bar lists clearly marked with reference to Plans). 2. Certifications of steel quality, size, grade and manufacturers origin 1.04 STANDARDS The applicable provisions of the following standards shall apply as if written here in their entirety: A. American Society for Testing and Materials (ASTM) standards: ASTM A82 Specification for Steel Wire, Plain, for Concrete Reinforcement ASTM A185 Specification for Steel Welded Wire, Fabric, Plain, for Concrete Reinforcement ASTM A615 Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement 03200-1 � � � �, � � � � B. American Concrete Institute (ACI) publications: ACI 301 Specification for Structural Concrete for Buildings ACI 315 Details and Detailing of Concrete Reinforcement ACI 318 Building Code Requirements for Reinforced Concrete C. Concrete Reinforcing Steel Institute (CRSI) publication: CRSI Manual of Standard Practice 1.05 DELIVERY AND STORAGE Store steel reinforcement above the surface of the ground upon platform skids or other supports. Protect from mechanical injury and surface deterioration caused by exposure to conditions producing rust. When placed in the work, steel reinforcement shall be free from dirt, scale, dust, paint, oil and other foreign material. Tag and store steel reinforcement for ease of correlation with shop drawings. � 1.06 JOB CONDITIONS A. Proposed deviations from reinforcing indicated on the plans or specifications shall be approved in writing by the Engineer prior to fabrication. B. Bar lengths shall be of the length shown on the plans or tables, not the minimum code length. L� � � �� L�J I�! � C. Specified cover for reinforcing shall be maintained throughout construction. Bars shall be cut to lengths necessary to allow for proper clearances. D. Stirrups shall be hooked. E. Steel reinforcing bars shall be produced in the United States of America. F. Cover of concrete shall be measured from face of forms to outside face of reinforcement bar, stirrup or tie. 2.00 PRODUCTS 2.01 MATERIALS A. STEEL REINFORCING BARS: Billet-Steel bars for concrete reinforcement conforming to ASTM A615; Grade 60 with a minimum yield strength of 60,000 psi. B. WELDED WIRE FABRIC: Cold-drawn steel wire conforming to ASTM A82; fabricated in accordance with ASTM A185. 03200-2 � � C. SUPPORTS: Bar supports shall be of the proper type for the intended use. Bar � supports shall be uniform high density polyethylene (plastic) or fiberglass reinforced plastic (FRP) conforming to CRSI Class 1, Maximum Protection. � '� l!J L� � � � � D. SPACERS: Pre-cast mortar or concrete blocks. E. MECHANICAL BAR SPLICES: Cadweld splices as manufactured by Erico Products, Inc., or equal, installed in strict accordance with the manufacturer's instructions and recommendations. The mechanical devices shall develop at least 125% of the specified yield of the spliced bars. F. MECHANICAL THREADED SPLICES: Mechanical threaded connections shall utilize a metal coupling sleeve with internal threads which engage threaded ends of the bars to be spliced and shall develop in tension or compression 125% of the specified yield strength of the bar. 2.02 FABRICATIONS A. BENDING: Reinforcement shall be bent cold by machine to shapes indicated on the plans; true to shapes indicated; irregularities in bending shall be cause for rejection. Unless otherwise noted, all hook and bend details and tolerances shall conform to the requirements of ACI 315 and ACI 318. 3.00 EXECUTION 3.01 PREPARATION � The reinforcing steel in all concrete walls shall be spaced its proper distance from the face of the forms using chairs or precast mortar or concrete blocks. Before any concrete is placed, all mortar blocks to be used for holding steel in position � adjacent to formed surfaces shall be cast in individual molds, at which time the blocks shall be immersed in water for the remainder of at least a 4-day curing period. The blocks shall be cast with the sides bevelled and in such a manner that � the size of the block increases away from the surface to be placed against the forms. Blocks shall be in the form of a frustum of a cone or pyramid. Suitable tie wires shall be provided in each block for anchoring the block to the reinforcing steel, and � to avoid displacement when placing the concrete. The size of the surface to be placed adjacent to the forms shall not exceed 2-1/2" square or the equivalent thereof when circular or rectangular areas are provided. Blocks shall be accurately � cast to the thickness required, and the surface to be placed adjacent to the forms shall be a txue plane free of surface imperfections. l�J � � 03200-3 � � � � � 3.02 INSTALLATION A. GENERAL: Place the reinforcement carefully and accurately in the concrete structures. Rigidly tie and support the reinforcement. Welding of any type of reinforcement shall not be permitted. B. SPICES � 1. Splicing of bars, except where indicated on the plans shall not be permitted. Lap splices which are permitted shall have a lap in accordance with ACI 318. Rigidly clamp or wire the bars at all splices, in accordance � with ACI. Overlap sheets of wire fabric sufficiently to maintain a uniform strength and securely fasten. L�� ) � � � � � � 2. Welding of reinforcing steel splices shall not be permitted. 3. Make mechanical splices where shown on the plans using "Cadweld" reinforcing bar connectors, installed in strict accordance with the manufacturer's instructions and recommendations. The mechanical device shall develop at least 125% of the specified yield strength of the bar. 4. Lap splice locations not shown on the plans shall be approved by the Engineer prior to fabrication. Splices shall be kept to a minimum. Splices shall occur only at points of minimum stress. Stagger splices in adjacent bars. � C. PLACEMENT 1. Place steel reinforcement, as indicated on the plans with the specified tolerances. Hold securely in place during the placing of the concrete. The minimum clear distance between bars shall be per ACI 318. Always pass vertical stirrups around the main tension members and securely attach thereto. Wire reinforcing together at a sufficient number of intersections to produce a sound, sturdy mat or cage of reinforcement that will maintain the reinforcement in correct positions when the concrete is placed. � 2. Hold the reinforcing steel in concrete slabs firmly in place with wire �j supports or "cha.irs". Sizing and spacing of the chairs shall be sufficient to U properly support the steel, and shall be in accordance with CRSI Publications "Manual of Standard Practice". � L'�J � � 3. Space the reinforcing steel in concrete walls the proper distance from the face of the forms, as indicated on the drawings using galvanized metal spacers or pre-cast mortar or concrete blocks. 03200-4 � � � � � � � � � � � � Q � � � � � � 4. Where reinforcing conflicts with location of anchor bolts, inserts, etc., required to be cast in concrete, submit prompt notifications so that revisions can be made before concrete is placed. No cutting of reinforcing shall be permitted without the prior approval of the Engineer. 5. Roll out welded wire fabric flat in longest practical lengths. Lap joints one mesh. Do not locate end laps over beams of continuous structures or midway between supporting beams. Offset end laps of adjacent widths to prevent continuous lap. Fasten ends and sides of welded wire fabric at 48" o.c. with tie wire. 6. Reinfarcing shall extend through construction joints. 3.03 FIELD QUALITY CONTROL Concrete shall not be deposited until the Engineer has observed the final placing of the reinforcing steel , and has given permission to place concrete. END OF SECTION 03200-5 LJI � � I�I � L�1 � � � �� u CI LRJ L�J u LJ L�J � �� 05500 MISCELLANEOUS METALS 1.00 GENERAL 1.01 WORK INCLUDED Furnish labor, materials, equipment and incidentals necessary to fabricate and install miscellaneous metals and other ornamental or specialty work. Furnish hangers, support, and brackets necessary to fasten other work. 1.02 QUALITY ASSURANCE Field welding shall be performed by experienced operators, qualified in conformance with "Standard Qualifications Procedure" of the AWS "Structural Welding Code". � � 1.03 SUBMITTALS Submittals shall be in accordance with Section D-29, SUBMITTALS and shall include: 1. Shop drawings showing fabricated items. 2. Product data sheets for manufactured components. 1.04 STANDARDS The applicable provisions of the following standards shall apply as if written here in their entirety: A. Federal Specifications (Fed Spec): FF-B-588 Bolt, Toggle, and Expansion Sleeve, Screw FF-S-85 Screws, Cap, Slotted and Hexagon-Head FF-S-92 Screws, Machine: Slotted, Cross-Recessed or Hexagon Head FF-S-111 Screw, Wood FF-S-325 Shield, Expansion: Nall, Expansion; and Nail, Drive Screw (Devices, Anchoring, Masonry) FF-W-84 Washers, Lock (Spring} RR-G-661 Gratings, Metal TT-P-645 Primer, Paint, Zinc Chromate, Alkyd Type TT-V-51 Varnish; Asphalt B. The Aluminum Association (AA) publications: "Standards for Anodically-Coated Aluminum Alloys for Architectural Applications" 05500-1 C� �� I u I� � � � � � � �� l�� L�J � u LiJ LiJ {■I L�J "Designation System for Aluminum Finishes" C. American Society for Testing and Materials (ASTM) publications: ASTM A123 Specification for Zinc (Hot-Galvanized) Coatings on Products Fabricated from Rolled, Pressed, and Forged Steel Shapes, Plates, Bars, and Strip � � ASTM A153 Specification for Zinc Coating (Hot Dip) on Iron and Steel Hardware ASTM A525 � Specification for General Requirements for Steel Sheet, Zinc-Coated (Galvanized) by the Hot-Dip Process D. American National Standards Institute (ANSI) publication: ANSI A143 Safety Code for Fixed Ladders E. American Welding Society (AWS) standard: AWS Dl.l Structural Welding Code - Steel F. Steel Structures Painting Council (SSPC) publications: Steel Structures Painting Manual, Volume 2 1.05 DELIVERY AND STORAGE Ship expansion joints to site in protective coverings. All aluminum which will be exposed to view shall have stripable protective coverings applied at the factory and removed after erection. 1.06 JOB CONDITIONS A. Contractor shall verify dimensions and take field measurements necessary to establish size and connections prior to fabrication. Provide any anchors, brackets, supports, braces, connections and fasteners necessary to assemble the various components and anchor into position into the structure. B. � Each component shall be of adequate size and strength necessary to fulfill its � function. . Failure of any part of the assembly is cause to reject the entire component. Component shall be assembled in a neat and substantial manner. Joints exposed to the weather shall be formed in a manner to exclude water. C. Provide miscellaneous plates, brackets, frames, anchors and other steel fabrications as indicated on the drawings or required to make connections to components furnished under other sections of the speciiications. 2.00 PRODUCTS 05500-2 � � l�� L�J CiJ 1_�l � � l�l 2.01 MATERIALS A. STRUCTURAL STEEL: ASTM A36 having a minimum yield strength of not less than 36,000 psi. B. MISCELLANEOUS STEEL: Rolled shapes complying with ASTM A36; plates and bars complying with ASTM A284. C. STRUCTURAL CAST STEEL: Conforming to ASTM A148, Grade 80-50. D. GENERAL PURPOSE CAST STEEL: Conforming to ASTM A27, Grade 65- 35. � E. STEEL FORGING: General purpose, conforming to ASTM A668, Class C or F. F. CAST IRON: Soft, gray iron, conforming to ASTM A48, Class 30, has 30,000 psi tensile strength. G. GALVANIZING: Hot dipped, conforming to ASTM A123. H. WELDING ELECTRODES: Appropriate for the intended usage. Electrodes for arc welding shall be series E70. I. ALUMINUM: Appropriate for the intended usage. Alloys shall comply with the following: ' ALLOY USAGE � � � l�l 6061 Extruded or rolled structural shapes 6063 Extrusions, general (Pipe rails) 3003 Sheet, tube or pipe 5005 General purpose sheet 5056 Nails and Rivets 2024 Screws, bolts and nuts �� J. � STAINLESS STEEL: Appropriate for the intended usage, complies with AISI Type 304 (18%/8%). Finish shall be No. 2, Dull. K. FASTENERS: Appropriate for the intended usage. Fasteners used with p galvanized steel shall be zinc coated, fasteners used on non-ferrous metal shall be bronze or brass. Fasteners shall include: � � L�J 1. Steel Bolts - Low carbon steel complying with ASTM A307 or A325. ;IT•��IZI�c u L�I L�l ��J L!J �� 2. Nails and Spikes - Fasteners complying with Fed. Spec. IV. FF-P-636. 3. Self Drilling Fasteners (SDF) - Corrosive resistant, hex-headed drill pointed, size as appropriate. 4. Power Activated Fasteners (PAF) - Tempered A-151 steel with a minimum tensile strength of 270,000 psi, complying with Fed. Spec. - P3958, Ramset, Hilti, or approved equal. 5. Sleeve Bolts - Molly "Parasleeve" or Ramset "Dynabolt". 6. Concrete Expansion Bolts - Hilti "KwikBolt II", AISI 304 Stainless Steel. 7. CMU Fastener - Hilti "KwikTog". 8. Metal Deck Fasteners - Corrosive resistant, hexheaded, drill pointed fasteners, Teks or equal. � L. ANCHOR BOLTS: Anchor bolts shall be stainless steel, cadmium plated or approved equal. M. ZINC-RICH COATING: Specially formulated compound conforming to Navy � Specification MIL-P-21035 that will produce a coating of approximately 3.0 mils thickness containing not less than 95% zinc when applied in one (1) coat according to the manufacturer's instruction. � � l�l � l!1 L! LJ �! L�J N. BITUMINOUS PAINT: Heavy bodied asphalt based paint conforming to military specification MIL-P-6883 or Fed Spec TT-V-51. O. STEEL PIPE: Welded or seamless types, standard weight, Schedule 40 steel tubing conforming to ASTM A53. Steel tube shall conform to ASTM A500, Grade B. P. SHOP PAINT: Shop paint shall be suitable as a primer for the finish coats as specified Contractor shall coordinate. Generally, shop paint shall be a zinc chromate primer for miscellaneous steel, TNEMEC #99 for structural " components. Q. STUD ANCHORS: Appropriate for the intended usage. Anchors as manufactured by Nelson Stud Anchors, or equal. � 2.02 FABRICATIONS A. Fabricated components shall be assembled in the shop whenever possible. Steel shapes shall be cut to accurate size with sharp lines and smooth surfaces. Thickness of inetal and general construction shall be adequate to withstand the 05500-4 r� � L�J � I�J � L�J � � � �� L#J u L�� lfl � � �� LrJ CJ stresses imposed on the component. Provide lugs, brackets, or ribbets necessary for connecting to other components. B. Connections shall be secure, either welded or fastened with bolts or rivets. Where the component is to be exposed to view, connections shall be by welding with the welds ground smooth. Make up threaded connections tightly so that threads will be entirely concealed by fittings. Rivets, bolts, or machine screws may be used for field connections. Visible rivets, bolts, screws, etc., may have flush or oval heads and shall-be countersunk. Seal-weld visible joints and exposed joints their entire length. Other joints may be spot or skip welded unless shown otherwise, or unless they must be continuous. C. Holes for bolts and screws shall be drilled or punched. Mismatched holes shall not be allowed. Fasteners shall be concealed wherever possible. Exposed fasteners shall be of compatible materials and shall match color and finish or surrounding materials. Drill, punch, cut and tap steel as required for anchoring or accommodating the work of other trades as shown or where shown on the shop drawings. D. Structural fabrications shall be made of standard rolled shapes, plates, bars, or strips. E. Items noted to be galvanized shall be hot dipped processed after fabrication. Galvanized shall conform to the requirements of ASTM A123 or A525, as applicable. In addition to the specific items shown or specified to be galvanized, galvanized after fabrication items of this work which are fabricated of ferrous metal and exposed on or outside of the exterior surfaces of the building above or below grade. 2.03 MANUFACTURED PRODUCTS A. SAFETY TREADS: Safety treads and nosings shall be a 4"-wide abrasive- surfaced nosing cut to full width of stairs minus 1/8" each side for stairs, and width of concrete steps minus 3" each side for exterior concrete steps. Safety treads shall have integral anchors for embedding into concrete. Treads shall be as manufactured by Wooster, American Abrasive Metal Company, Mason Safety Tread Company, Armstrong products, or equal. B. ALUMINUM CHECKERED PLATE: Aluminum floor plate shall have a raised pattern on one surface to provide improved traction. Metal shall conform to Alloy 6061-T6. � 2.04 CAST IRON CASTINGS Casting shall be uniform in quality, free from blow holes or other defects. Surface shall be smooth and true to pattern. Metal shall conform to ASTM A48, Class 40 05500-5 l� � L�l L�J L�J L�1 �� L■J �� IL�J L■� L�J � L�J I�J �� for grey cast iron castings. Castings shall receive one coat of rust inhibited primer and shall be field painted as specified in . Casting shall include the following: Manhole Covers and Frames 2.05 ALUMINUM FLOOR ACCESS DOOR: Access door shall be aluminum Single Leaf, Type "K" as manufactured by The Bilco Company, New Haven, Conn, or approved equal. Door leaf shall be '/4" aluminum diamond pattern to withstand a live load of 150 pounds per square foot. Frame shall be '/4" aluminum, reinforced with aluminum stiffeners as required, with an anchor flange around the perimeter. Hinges shall be bolted to underside and pivot on torsion bars that counterbalance the door for easy operation. The door shall open to 90 degrees and lock automatically in that position. A vinyl grip handle shall be provided to release the cover for closing and the door shall be equipped with a snap lock and removable handle. All hardware, including the latch and lifting mechanism assemblies, hold open devices, brackets, hinges, pins and fasteners, shall be stainless steel. Mill finish aluxninum frame with bituminous coating applied to the exterior. Installation shall be in accordance with the manufacturer's instructions. Manufacturer shall guarantee against defects in material or workmanship for a period of five (5) years. 3.00 EXECUTION 3.01 PREPARATION Inspect surfaces to receive metal components. Ascertain that surfaces are suitable for the attachment of the component. 3.02 FASTENERS A. Furnish the appropriate type of fastener for the application. Fasteners shall be of the type and material proper for intended use and in suffcient quantity for the spacing. Bolts shall be a minimum of %z" diameter, spaced not to exceed 3' centers for attaching steel, or 2' centers for attaching wood. B. Generally use the following fasteners as designated: 1. Masonry: Machine bolts with lead or malleable iron expansion shields, or toggle bolts as appropriate. 2. CMU: Toggle bolts. ' 3. Concrete: Embedded bolts, cast-in-place inserts with twist in bolts or expansion bolts with expansion shields. 4. Gypboard: Expansion anchors or toggle bolts. 05500-6 u LJ L�J L�J L�J � L�J l�l � L*J 5. Wood to metal: machine bolts with washers and nuts. 6. Wood: Wood screws, lag screws, proper nails as appropriate. 7. Wood to concrete: Cast-in-place anchor bolts, expansion bolts or power driven fasteners. 3.03 INSTALLATION A. SAFETY TREADS: Install safety treads at each concrete step on the interior and exterior stair locations. B. HATCHWAY: Frames shall be cast in place with the concrete structure. Hatchway shall be set plumb and level. C. VENTILATORS: Install vent pipe at concrete vaults. Cast into place as concrete is placed. Vents shall be plumb and accurately placed in the structure. 3.04 CLEANING AND PAINTING A. Clean all surfaces, remove rust and prepare for painting. Surfaces which will be inaccessible after fabrication or erection shall be painted prior to installation. �"j B. Except for galvanized steel and items specifically noted not to be painted, all i� miscellaneous metal components shall receive a shop coat of paint. Paint shall be applied by brush or spray, applied uniformly without runs or drips. �� Ll LJ L#J tJ � C. Any fasteners or miscellaneous components applied on galvanized fabrications shall be galvanized, chrome-plated, or otherwise shall be pa.inted with zinc-rich coatings. D. Dissimilar materials: Where dissimilar metals are in contact, or where aluminum is in contact with concrete, mortar, masonry, pressure-treated wood or absorptive materials subject to wetting, the surfaces shall be protected with a coat of bituminous paint, unless otherwise specified, to prevent galvanic or corrosive action. END OF SECTION �j . 05500-7 L9 � � 11310 SUBMERSIBLE WASTEWATER PUMPS 1.0 GENERAL Q1.1 WORK INCLUDED � � 1.2 � a � � � � � � � � � l�J l�J Furnish labor, materials, equipment and incidentals necessary to install three (3) total submersible wastewater pumps, complete and ready for operation, each mounted on a slide away coupling system located in the backwash return pump station. QUALITY ASSURANCE A. ACCEPTABLE MANUFACTURERS 1. Flygt Corporation. Model CP3300/60HP (467HT) Two-Speed — Base Bid 2. Approved Equal — Alternate Bid B. MANUFACTURER'S REPRESENTATIVE FOR START-UP AND TERSTING The services of the Manufacturer's technical representative shall be provided for pre-startup installation� checks, startup assistance, training of Owner's operating personnel, troubleshooting and other services as required in SECTION 01650, STARTING SYSTEMS. C. TESTING: Each pump and motor shall be performance tested. All pumps shall be tested with motor cables to be supplied with the pumps. Three copies certified test reports, including actual test records, shall be submitted and approved by the Engineer prior to shipment of the equipment. Each pump shall be tested for �erformance at the factory to determine the head vs. capacity, motor total electrical power draw (KVA), and motor active electrical power draw (KV� for the full speed at which the pumps are specified and show non a certified performance test curve as continuous functions throughout the pump's performance range. Tests of models, prototypes or similar units will not be acceptable. All tests shall be run in accordance with the test code for centrifugal pumps of the Standards of Hydraulic Institute, latest edition. The motor and cable on each pump shall be tested for moisture content or insulation defects. After the test, the pump cable end shall be fitted with a shrink-fit rubber boot to protect it � from moisture or water. D. WARR.ANTY. The pump manufacturer shall provide a written warranty for the units supplied for a period of a least five (5) years of 10,000 operating hours under the operating conditions presented in this project. 1.03 SUBMITTALS Submittals shall be in accordance with SECTION D-29, SUBMITTALS and shall include: � 11310-1 LJ � L�� s� � � �� l�J �� I�J �� A. Shop drawings shall include a complete description of the equipment offered including control and mounting system. Shop Drawings shall include catalog cuts � and pertinent engineering date required to fully evaluating the equipment. Characteristic curves shall be submitted with the shop drawings showing the capacity, head, efficiency, and brake horsepower throughout the full operating range of the pump. Complete specifications on the control equipment including a list of optional features shall be submitted with the shop drawings. Submittal data shall be in such a form and so presented that the Engineer may readily review the data.. B. The Equipment Manufacturer shall submit with the shop drawings a list of 10 similar installations, which have been in satisfactory operation for at least one year. Shop drawings not including this required information will not be accepted. Manufacturer must provide evidence of an authorized fully staffed and stocked service facility within 300 mile radius of the job site. C. � E: Certified shop and erection drawings dimensional drawings showing important details of construction, dimensions and anchor bolt locations. Data sheets supplying the following information for the pumping units shall be submitted with the shop drawings. . Pumn 1. Make and type of pump 2. Speed 3. Horsepower at rated head 4. Total weight (pump and motor) 5. Rated Capacity and Head on pump curve Motor RPM HP Lbs. 6. Make and type of motor 7. Brake horsepower of motor HP 8. Locked Rotor Current at full na�iieplate voltage Amps 9. Full load current at fill nameplate voltage Amps 10. Motor service factor 11. Insulation class and temperatur� rise at service factor class i Operation and Maintenance Manuals Q11310-2 l�' � L�J � LJ L!1 � , � �l u �� , L�J l�,' L�l � � � � L�J 2.00 PRODUCTS 2.01 SUBMERSIBLE WASTEWATER PUMP A. Each pump, motor, and cable assembly shall be furnished in one integral unit, factory assembled by the Pump Manufacturer. B. The pump design sha11 be such that the pumping unit will be automatically and firmly 'connected to the discharge piping when lowered into place on its mating discharge connection. The discharge connection shall be permanently installed in the wet well. The pump shall be easily removable for inspection or service, requiring no bolts, nuts or other fastenings to be disconnected. Connection and disconnection of the pumping unit from the discharge piping shall not require personnel to enter the wet well. C. Each pump stall be fitted with a complete lifting system of adequate strength and length to permit raising and lowering of the pump for inspection or removal. The system shall consist of 70 FEET of stainless steel cable, short length of high tensile strength proof tested chain and a forged stainless steel grip eye suitable for use with a mechanical lifting device. Furnish and install a stainless steel hook at the top of the top of the wet well to hold the chain when the pump is in service. Any special tools or accessories required for the lifting process, such as "grip-eye" tool or chain slings, shall be provided. D. The pump assembly shall also be capable of running dry or partially submerged under full load for extended periods without any damage to the pump, motor, seals, or accessories. E. Major parts, such as the stator casing, oil casing, sliding bracket, volute, impeller, and base coupling shall be constructed of gray cast iron, ASTM A-48, Class 3B, with smooth surfaces devoid of casing irregularities. Surfaces coming into contact with the pumped liquid shall be protected by factory-applied coating of acrylic ' dispersion zinc phosphate primer with a polyester resin paint finish, or shall be stainless steel. External bolts, nuts, and fastening hardware shall be stainless steel. F. Sealing design shall incorporate metal-to-metal contact between machined � surfaces. Critical mating surfaces where water tight sealing is required shall be machined and fitted with Nitrile or Viton rubber O-rings. G. Putnp impellers shall be of gray cast iron, Class 35B, dynamically balanced, double shrouded, non-clogging design having long throughlets with no acute turns and shall have the number of vanes as specified. The impeller(s) shall be capable of handling solids, fibrous materials, heavy sludge and other matter found in wastewater. Impeller(s) shall be locked to the shaft. All impellers shall be coated with alkyd resin primer and shall isolate the shaft from the pumped liquid. A replaceable wear ring system shall be installed to provide efficient sealing between the volute and impeller. The weaz ring shall consist of a stationary ring made of nitrile rubber molded with a steel ring insert and is drive fitted to the 11310-3 � � � �� u I� � � � � � � [�� L� .� 'I� L� �i� � �� volute inlet. A rotating wear ring which is shrink fitted to the impeller hub shall be provided. H. Each pump shaft shall rotate on two (2) permanently lubricated bearings. External bearing lubrication ports, which allow bearing contamination and over- packing, will not be allowed. The upper bearings, providing for radial thrust, shall be a single row, roller bearing. The lower bearing shall consist of one double row � angular contact bearing for combined axial and radial loads. Minimum B 10 bearing life shall be 40,000 hours.On units greater than 100 HP, the minimum B 10 bearing life sha11 be 100,000 hours at any point along the usable portion of the pump curve at maximum product speed. The lower bearing housing shall include an independent thermal sensor to monitor the bearing temperature. If a high temperature occurs, the sensor shall activate an alarm and shut the pump down. I. Each pump shall be provided with dual tandem mechanical shaft seal system. The upper (inner) of the tandem set of seals shall operate in a seal buffer chamber located just below the stator housing. Each interface shall be held in contact by its own spring system supplemented by external liquid pressures. The seals shall require neither maintenance nor adjustment, but shall be easily inspected and replaceable. The lower (outer) seal shall not bear on the impeller and sha11 remain fixed upon impeller removal. Cartridge-type seals comprising a single rotating element sandwiched between dual stationary elements will not be considered a dual tandem seal system and will not be accepted. The shaft sealing system shall be capable of with standing volute pressures up to 1.5 times pump shutoff head. No seal damage sha11 result from operating the pumping unit in its liquid environment from running pump dry, or from reverse pump operation. The seal system shall not rely upon the pumped media for lubrication. J. Each pump shall be provided with a seal buffer chamber containing biodegradable oil for the shaft sealing system. Petroleum-based oil in the buffer chamber will not be accepted. The buffer chamber shall be designed to ensure that air is left in the buffer chamber to absorb the expansion of the oil due to temperature variation. The drain and inspection plug, with positive anti-leak seal, shall be easily accessible from the outside. 2.06 MOTOR A. The motor shall be housed in an air filled, water tight casing and �shall have moisture resistant Class F, (minimum) insulation with a Class B temperature rise at the service factor load. The motor shall be NEMA Design B and designated for continuous duty in a submerged environment. The motor shall be capable of operating in a dry or partially submerged conditions for extended period without damage. The nameplate motor service factor shall be at least 1.15. The motor shaft shall be stainless steel, or carbon steel if the shaft is completely isolated from the pumped media. The motor shall be two speed, 460 volt, 3-phase, 60 cycle. 11310-4 � LJ 1�1 � L�'J L!J L� L�J �� Lfl � L�J , E�! �,� u 'J 2.07 � �� B. The electrical cable entranceway to the motor shall be provided with positive strain relief to prevent leakage or pull-out of the cable in the event that a force is accidentally placed on the cable during the raising or lowering of the pump. The cable entry shall consist of at least one elastomer grommet, flanked by washers , all having a close tolerance fit against the cable outside diameter and cable inside diameter. Epoxies, silicones, or other secondary sealing systems shall not be considered acceptable. One (1) spare cable and seal accessories shall be provided. C. Incoming lead wires shall be spliced in the cable entry junction chamber and motor shall be separated by stator lead sealing gland or terminal board, which shall isolate the motor interior from water and foreign material gaining assess through pump top. Sufficient cable (approximately 70 FEET, contractor to verify) shall be supplied to extend from the motors to the pump control without splicing. D. The motor, cable, and electrical controls shall be sized, furnished , and installed so that the motor shall never exceed the nameplate rating at any point on the pumping curve. E. Protection: 1. 2. 3. 4. 5. Provide two or more bimetallic sensors in the motor windings to automatically switch off the motor if windings reach temperature of 260° F. Automatically restart motor after cooling. Provide normal motor overload protection Provide leakage sensors to stop pump if moisture is present in the motor chamber. All protection systems shall be wired to the control panel. The pump manufacturer shall furnish for each pump, alarm monitor for all internal pump alarms. The alarm monitor shall sense and indicate with alarm light at least the following: a. Winding temperature thermal switches for each stator. b. Moisture detectors. 6. The alarm monitor shall have its own 115 VAC integral power supply and have alarm and warning lights for each pump alarm point. Each function shall be clearly labeled ori the front panel with phenolic plastic labels attached with stainless steel screws. Furnish a normally open and closed 10 amps, 120 VAC-rated dry con'tacts output for alarm circuitry such that the contact is activated on any alann function. A normally closed contact shall be furnished for pump shut-down on any alarm. PUMP CONTROLS & CONT�OL PANEL � A The pumps shall be controlled locally (automatically) with remote control capability from Owner's computer sys�tem. Provide level transmitter for level control as well as 11310-5 � �'� L�i � � �� for low level cutoff, reset and for high level alann. The following I/Os are required to provide information and control capability to the Plant Control System (SCADA). 1 Pump Run Status (Output) for each pump 2 HOA switch status (Output) for each pump. 3 Start-stop command for each pump 4 Pump well level (output). The Contractor will be required to "land" these I/Os on to a terminal strip in the pump control panel. The Owner will be responsible for connecting the existing instrumentation cable to the terminal strip and modifications to control system. I addition, the Contractor will provide a pump alarm status for each pump to the terminal block for future. � � . B Pump control panel shall include 3-phase magnetic full-voltage non-reversing starters for each pump motor, control, overcurrent protection, main disconnect, and all devices required for a complete and operable three pump control system. � '.!I L�J � � ��I � C Pump control panels shall be enclosed in NEMA 4X stainless steel panel. Panels shall be dead front door-in-door construction with swing-out inner panel and stud-mounted backpan. Panel shall be free standing or mounted on posts of acceptable material. Provide print pocket with accepted drawings of control and power wiring. Pump control panel shall have the following additional features. 5 Top-mounted audible-visible alarm that shall be energized from the high level alarm indication. Provide top hub for mounting alarm to cabinet. Provide interior alarm silence push-button. 6 Provide monitoring and indication of thermal and moisture sensors, and provide discrete outputs for thermal and moisture indication. 7 Externally operable main disconnect handle rated NEMA 4X. In addition, provide panel mounted disconnect for each motor starter. � 8 Control wiring shall be SIS and trained into wire chases that shall be backpan mounted. Each control wire shall be labeled with waterproof plastic labels at each and every connection. l!J �+�J 9 Provide panel mounted HOA selector switches, each with engraved function and position identification and high-low speed switch with engraved function and position identification. 10 Provide panel mounted alarm silence push-button, selector switches, run lights, � moisture alarm pilot lights, elapse time meter for each motor control circuit. Each device shall be equipped with engraved metal surround to identify function. � L�J 11310-6 l� � � lJ L�� 2.07 L�J � � � L*J � �1' � � L■J � �■J � 11 Provide capability for alternating pumps to equalize run times. 12 Provide time delay relays for on-delay of each pump starting cycle. 13 Provide phase protection relay that shall afford protection from line unbalance, over and under voltage. Device shall be immune to line notching caused by VFD and other external electronic devices, up to 10% total harmonic distortion. 14 Control voltage shall be 120V AC and provided by fused control power transformer with panel mounted primary breaker. 15 Provide master terminal blocker for termination of all external power and control wiring. Each terminal shall be labeled. Terminals shall be plated copper. SLIDING COUPLING SYSTEM A. A sliding guide bracket shall be an internal part of the pumping unit of securely attached thereto. The guide bracket shall be designed such that no strain is placed on the pump or guide rails. The volute casing shall have a machined discharge ' flange to automatically and firmly connect with the discharge connection, which when bolted to the floor of the sump and discharge line, will received the pump discharge connecting flange without the need of adjustment, fasteners, clamps or similar devices. Discharge base elbow and base plate shall be supplied by the Pump Manufacturer. B. " The pump sliding coupling system shall be designed so that the downward force of the machined mating flanges shall shear away rags, hair, plastic material, or other debris that would prevent a uniform watertight seal. No portion of the pump unit shall bear directly on the floor of the wet well, nor shall there be any protrusions below the pump intake. The pump body and slide coupling mating faces shall be stainless steel or cast iron. Sealing of the discharge interface with a diaphragm, O-ring or profile gasket will not be acceptable. C. The slide rails shall be continuous stainless steel designed to resist corrosion in sewage or sludge applications. Any joints in the rails shall be reinforced from within if pipe is used, continuously full-depth welded, ground smooth, and treated to resist corrosion. Each rail system shall be composed of a minimum of two guide rails or bars from the bottom of the wet well top slab to the pump discharge connection. If pipe is used, it sha11 be minimum Schedule 40. D. The rail support system shall be as recommended by the Pump Manufacturer, of adequate length to extend from the lower guide holders on the pump discharge connection to 3-INCHES below the top of the wet. The system shall be mounted with stainless steel hardware. 11310-7 � � � � � � � � � � � � � u � � � � a 3:00 EXECUTION 3.01 INSTALLATION Installation shall be in accordance with Manufacturer's instructions. 3.02 FIELD QUALITY CONTROL Upon completion of installation of the equipment, an acceptable test to verify the satisfactory operation of each unit shall be conducted. The test shall be conducted in a manner approved by and in the presence of the Engineer. The unit shall be checked for excessive noise, vibration, alignment, general operation, etc. The unit must perform in a manner acceptable to the Engineer before the Owner will make final acceptance. 3.03 SCHEDULES LOCATION: BACKWASH RETURN PUMP STATION Number of Units Rated Capacity (GPM) Rated Head, TDH (Feet) Maximum Speed (RPM) Normal Operating Head Range (Feet) Approximate Horsepower at rated head END OF SECTION 11310-8 3 (two-speed) 1200 (Low Speed) 1800 (High Speed) 35 (Low Speed) 78 (High Speed) 1800 35-52 (Low Speed) 78-87 (High Speed) 60 HP � � � Q � � � � � � � � � � � � � � � 14350 JIB CRANE AND TROLLEY HOISTS 1.00 GENERAL 1 A1 WORK INCLUDED Furnish labor and materials, equipment and incidentals necessary to install jib cranes and hoists. 1.02 QUALITY ASSURANCE A. ACCEPTABLE MANUFACTURERS 1. HOISTS I� 2 a. R&M Crane b. Dresser Industries, Inc. c. Budgit d. Approved equal. JIB CRANE a. Bushman Equipment Company. A Division of Badger State Gear Company � b. Gaffery c. Approved equal. DESIGN CRITERIA 1. JIB CRANE 2. The jib crane shall have a rated lifting capacity as specified below, be floor mounted, and have a 27Q degree rotation with height and boom length as scheduled. The jib crane shall be installed on a reinforced concrete base as shown and in � accordance with the recommendations of the Manufacturer of the equipment as approved by the Engineer. TROLLEY HOISTS a. ELECTRIC HOIST (BASE BID). All hoist hooks shall have safety latches. Electrical equipment shall be 3-phase, 60 cycle, 230/460 volt unless otherwise noted. Provide power disconnects. Electric hoists shall have a thermal 14350-1 � � L'J � [�1 � � �J � LJ LJ � � � Ll � � protector to prevent motor burnout, and a free-wheeling spring clutch that eliminates backlash. Each trolley hoist shall be designed and sized as an integral unit capable of handling specified loads plus all dead loads. Each hoist shall be furnished complete with weight-type upper limit switch to prevent over travel of hook block, low voltage control circuit, full magnetic controls, automatic load brake, and magnetic disc-type motor brake. b. HAND CHAIN HOIST (ALTERNATE BID). All hoist hooks shall have safety latches. Hoist shall be lug suspended model hand chain hoist with a rigid mount trolley. Each trolley hoist shall be designed and sized as an integral unit capable of handling specified loads plus all dead loads. C. I_�a FACTORY TESTING Each hoist shall be factory tested before shipment with a load 25% greater than rated capacity. MANUFACTURER'S REPRESENTATIVE FOR START-UP AND TESTING The services of the Manufacturer's technical representative shall be provided for pre-startup installation checks, start-up assistance, training of Owner's operating personnel, troubleshooting and other services as required in SECTION 01650, STARTING SYSTEMS. 1.03 SUBMITTALS Submittals shall be in accordance with SECTION 01300, SUBMITTALS and shall include: A. Shop Drawings. B. Operation and Maintenance Manuals. 2.00 PRODUCTS 2.01 MANUFACTURED PRODUCTS A. JIB CRANE. The jib crane shall be a Model 480 FPM as manufactured by Bushman Equipment Co., Division of Badger State Gear Co., Gaffery Model 360 FPM or approved equal. 14350-2 L��i 1�� Ll � � � � �� B. ELECTRIC TROLLEY HOIST. The electric trolley hoist shall be a Budgit Mode182 2ton Trolley Hoist with hand geared trolleys or approved equal. C. HAND CHAIN TROLLEY HOIST. The hand chain trolley hoist shall be a Budgit 2 Ton USA Army Type Trolley Hoist Model 8324 (with long lift) or approved equal.. 3.00 EXECUTION 3.01 INSTALLATION The cranes, hoists, and trolleys shall be carefully handled and installed in strict accordance with the Manufacturer's recommendations. 3.02 FTELD QUALITY CONTROL Upon completion of installation of the equipment, an acceptance test to verify the satisfactory operation of each unit shall be conducted. The test shall be conducted in a manner approved by and in the presence of the Engineer. The unit shall be checked for general operation. The unit must perform in a manner acceptable to the Engineer before final acceptance will be made by the Owner. 3.03 SCHEDULES Location No. of Units � Capacity Boom Span � Under Boom Height Hoist Drive Type Hoist Lift Height � Trolley Type Min. Lifting Speed f iJ � � l*�I Backwash Pumn Station, BASE BID ALTERNATE BID 1 1 2 Tons 2 Tons 14 feet 14 feet 10 feet 10 feet Electric Hand Chain 50 feet 50 feet Push Push 20 fpm (single speed) NA � 14350-3 � � � � � � � � � � � � � � � � Q � ' � 14351 FIBERGLASS FABRICATIONS, 1.0 GENERAL 1.0.1 WORK INCLUDED Furnish labor, materials, equipment and incidentals necessary to install fiberglass fabrications of every description. 1.02 QUALITY ASSURANCE A. FIBERGLASS GRATING MANUFACTURER. : Fiberglass grating and frames shall be manufactured by one of the following manufacturers: 1. Fiberglass Corporation 2. Flower Fiberglass Gratings, Inc. 3. Perma-grate 4. International Grating 5. IKG Borden 6. Fibergrate Corporation 7. Morrison Molded Fiberglass Corporation 8. Or approved equal. FIBERGLASS GRATING LOADING Fiberglass grating shall be selected by the Manufacturer for the following conditions: Live Load (LL) 150 psf Dead Load (DL) per manufacturer's design Design Load (concentrated) SOO lbs Maximum Deflection (LL+DL) '/4 inch 1.03 SUMBITTALS Submittals shall be in accordance with Section D, SUBMITTALS and shall include: A. Manufacturer's product date sheets. B. Shop drawings showing all features of construction and support and/or fastening devices, dimensions, methods of construction and support and/or fastening details, clearances, thickness of material, and related products. 14351-t L�J O � D � ,� � � � �. � � � � L�! L� �) � � C. Certification by a registered engineer that all structures have been designed with, and comply to the design criteria specified, and that structures are adequate for their intended purpose. 1.04 DELVERY AND STORAGE Deliver components to the site and store on platforms or wood runners raised above the adjacent grade level. 1.05 JOB CONDITIONS � : C Verify all field conditions prior to beginning fabrication of any component. Take accurate measurements for grating system. Members shall fit to appropriate structures. Field cutting of structures shall not be permitted. Walkway surfaces shall have a non-skid surface using angular silica particles in top surfaces. 1.06 GUAR.ANTEES FRP .shall be guaranteed to be free of defects in materials and workmanship for a period of two (2) years from he Owner's acceptance. 2.0 PRODUCTS 2.01 MATERIALS A. RESIN: Premium grade resin manufactured especially for corrosive atmospheres, Type CFR-197 (gray fire retardant, chemical resistant polyester. B. HARDWARE: Anchors, fasteners, and other hardware shall be Type 316 stainless steel. Fasteners and other metal components shall be suitable for their intended purpose, designed for strength required by the particular application. C. METAL COMPONENTS: Metal brackets, supports, anchors and other miscellaneous metal components used in connection with FRP structures shall be fabricated of Type 316 stainless steel. 2.02 MIXES 14351-2 � �I i�� A. FRP shall be manufactured from a composite of glass fiber reinforcements and resin mixture of approximately 45% resin to glass ratio and shall be free of visual defects. Fittings shall be manufactured from solid blocks derived from pultruded components. B. Pultruded sections shall be manufactured with colored resin so that color is uniform throughout section. Only one (1) color shall be used for each system. Use special integral color where specifically noted. 2.03 MANUFACTURED PRODUCTS A. FIBERGLASS GRATING � 1. Fiberglass grating shall be manufactured of premium grade polyester resin Type CFR-197 (gray). Fiberglass grating shall have a special non-slip surfacing applied to the top edge of grate surface. � Material shall be Class I fire resistant in accordance with test procedures of ASTM E-84, having a flame spread of 25, or less. L1 � � L�J l'�J � � � � � : 2. Fiberglass grating shall be a rectangular grid, heavy-duty class meeting design criteria. FR.AMES Provide plastic frames fabricated of glass fiber, two (2) continuous glass strand mats, surface veil and vinyl ester resin. Frame shall include embedment anchors for casting into fresh concrete. Frame size shall be suitable for fiberglass grating. 3.00 EXECUTION 3.01 PREPARATION A, Make field measurements of structures where FRP fabrications are to be installed. Check shop drawing for fastening details and verify that detail conditions are suitable for particular installation. B. Clean fiberglass of foreign material in accordance with manufacturer's instructions. Examine materials for defects such as nicks, gouges, blisters, cracks, and sharp projections and reject unsuitable materials. Repairs must be acceptable to the Engineer. � 14351-3 � � � � � � � � � � �, � � � � � � �� 3.02 INSTALLATION A. Generally components shall be cut to proper dimension at the factory. Cuts, when required in the field, shall be neat and clean with smooth surfaces, free of burns, or other defects. Seal cut surfaces. Install components to the proper alignment, level and plumb with structure. Provide the necessary fabrications such as brackets and mounting plates and attach to structure by approved means. B. Fabrications cut in the field shall be dressed smooth to remove burrs and saw cuts. Seal cut edges with compatible resin as recommended by the manufacturer or a polyurethane coating. End of Section 14351-4 � � �II �I I�I �! � � � L�`J � � � L1 � I� �I � u SECTION 15117 AIR RELESE AND AIR AND VACUUM VALVES, 1.01 WORK INCLUDED 1.00 GENERAL Furnish labor, materials, equipment and incidentals necessary to install air release and air and vacuum valves of the sizes and types indicated. Furnish the necessary isolating valves and piping. 1.02 SUBMITTALS Submittals shall be in accordance with Section D-29, SUBMITTALS and shall include: 1 Shop drawings 2.00 PRODUCTS 2.01 MANUFACTURED PRODUCTS A GENERAL: 1 2 3 4 Each air valve shall have a cast iron body, bronze, or stainless steel trim and stainless steel float. Float shall be baffled to prevent air from blowing valve closed until air is exhausted. Valve body, float, etc., shall be designed for a working pressure shown in the schedule. Air valves shall be manufactured by the Valve and Primer Corporation (APCO), Val-Matic Manufacturing Corp., or Multiplex Manufacturing Company (Crispin). Top of valve assembly shall be fitted to attach discharge pipe as indicated. Valve inlet shall be N.P.T. for 2" and smaller valves. Valve inlet shall be ANSI flange for 3" and larger valves. Flange rating shall equal or exceed the maximum working pressure. B AIR RELEASE VALVES (AR): Air release valves shall be designed to automatically release accumulated air pockets within the pipeline while in operation and under pressure. Air release valves shall be APCO Model 200, Val-Matic Model 38, or Crispin Model P. C COMBINATION AIR VALVES (CAV) 1 Combination air valves shall be heavy duty air and vacuum valves with air release. 2 Combination air valves shall be designed to release accumulations of air at high points within a pipeline by exhausting large volumes of air as the pipeline is being filled and by releasing accumulated pockets of air while the pipeline is in operation and under pressure. Combination air valves shall also be designed to permit large volumes of air to enter the pipeline during pipeline drainage. 3 Combination air valves shall be APCO Model 140C, Val-Matic Model 200, or Crispin Model C. 15117-1 � � 3.00 EXECUTION � 3.01 INSTALLATION � . Carefully handle and install valves vertically in such a manner as to prevent damage to any part of the valves. Installation shall be in accordance with the Manufacturer's instructions. Provide nuts, bolts, and gaskets where applicable. � . l�'J LJ � � � � � C'� Li'� LJ � I�J � � 15117-2 l�' � � � 1�1 L�■1 � LJ I�J L� � LI � � l�J LJ �? � 16010 ELECTRICAL GENERAL PROVISIONS 1.00 GENERAL 1.01 SCOPE A. The work includes, but is not limited to, the following principal systems and equipment: 1. 3. 4. 6. 7. 8. 9. 10 Motors Grounding and Lightning Protection 208/120 volt distribution Motor control centers Panel boards Raceways Transformers Lighting fixtures 480 volt distribution Miscellaneous control 1.02 RELATED WORK AND SPECIFICATIONS A. Section D, Submittals B. Section D-30 Operation and Maintenance Data 1.03 _ REFERENCE STANDARDS A. Perform work, and furnish and install materials and equipment in full accordance with the latest applicable rules, regulations, requirements and specifications of the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Local laws and ordinances State and Federal Laws National Electrical Code (NEC) with local amendments State Fire Marshall Underwriter's Laboratory National Electrical Safety Code (NESC) American National Standards Institute (ANSI) National Electrical Manufacturer's Association (NEMA) National Electrical Contractor's Association (NECA) Standard of Installation Institute of Electrical and Electronics Engineers (IEEE) Insulated Cable Engineers Association (ICEA) Occupational Safety and Health Act (OSHA) D016010-1 u � � iJ L�J �� L�J � � l u �J � � L�I � L�■J L�1 L�� 12. Occupational Safety and Health Act (OSHA) 13. National Electrical Testing Association (NETA) 14. American Society for Testing and Materials (ASTM) B. Wherever the requirements of the Specifications or Drawings exceed those of the above items, the requirements of the Specifications or Drawings govern. Code compliance is mandatory. C. Product Quality. All electrical items shall be new and unused. Items such as cables, transformers, motors, control centers, etc., shall be newly manufactured for this project. Proof of purchase documents shall be provided upon request. Utilize products of a single manufacturer for each item. 1.04. CONTRACT DOCUMENTS A. Intent. I . 2. 3. 4. S. The intent of the contract documents or pians is to establish the types of systems and functions, but not to set forth each item essential to the functioning of the system. Electrical drawings are generally diagrammatic and show approximate location and extent of work Install the work complete, including minor details necessary to perform the function indicated. In case of doubt as to the work intended, or if ampliiication or clarification is needed, request instructions from the Engineer. It is also the intent of these Contract Documents for the electrical and process system subcontractors to coordinate with each other in order to provide a complete and workable system with all wiring, conduit, and accessories required which may not be shown on the plans. B. Discrepancies 1. Review pertinent drawings and adjust the work to conditions shown. 2. Where discrepancies occur between the plans, specifications, and actual field conditions, immediately notify the Engineer for his interpretation. 3. Dimensions on electrical drawings shatl be verified with structural, architectural, and mechanical drawings. C. Outlet and Equipment Locations: 1. Coordinate the actual locations of electrical outlets and equipment with building features and mechanical equipment as indicated on the structural, architectural, and mechanical drawings. 016010-2 � L1 �I � � 1.05 � � �J �� t� �� iIJ i� _•J � � l�l � L�J 2 K3 4. Review with the Engineer any proposed changes in the outlet or equipment locations. The OWNER without additional cost may direct relocation of outlets before installation, up to 3 feet from the position indicated. Remove and relocate outlets placed in an unsuitable location when so requested by the Engineer. REGULATIONS AND PERMITS A. Regulations. Work, materials, and equipment must comply with the latest rules and regulations of the following: 1. National Electrical Code (NEC) with City of Fort Worth amendments 2. National Electrical Safety Code (NESC) 3. Occupational Safety and Health Act (OSHA) 4. Federal and state codes, ordinances and regulations. B. Discrepancies 1. 2. 3. 4. The plans and specifications are intended to comply with listed codes, ordinances, regulations, and standards. Where discrepancies occur, immediately notify the Engineer in writing and ask for an interpretation. Should install materials or workmanship fail to comply, the Contractor is responsible for correcting the improper installation. Additionally, where sizes, capacities, or other such features are required in excess of minimum code or standards requirements, provide those specified or shown. C. Permits. Obtain certiiicates of inspection and other permits required as part of this work. 1.06 CONTRACTOR QUALIFICATIONS An acceptable Contractor for the work under this division must have personnel with training, experience and skill to provide a practical working system. 1.07 GENERAL REQUIREMENTS FOR WORKMANSHIP, EQUIPMENT, AND MATERIALS . A. All electrical work shall be performed by workman skilled in electrical trade and licensed by the City of Fort Worth B. An licensed Master Electrician will be required for the issuance of a building permit for constructing, installing, altering, maintaining, repairing, or replacing any electrical wiring apparatus, or equipment on any voltage level. A licensed 016010-3 �� !� � ,� �� L�J � L*J LJ �� 1 � � L�J � LwJ L� � � C. [7 E. F G. H. I. Master Electrician or a licensed Journeyman Electrician is required to be on the job site during the performance of any electrical work. All cable splicing methods and materials shall be of the type recommended by the splicing materials manufacturer for the cable to be spliced, and shall be approved by the owner prior to installation. No cable splices will be allowed when cable is in conduit. � All materials and equipment shall be installed in accordance with the approved recommendations �of the manufacturer and the best practices of the trade, and in conformance with the Contract Documents. The Contractor shall promptly notify the OWNER in writing of any conflict between the requirements of the Contract Documents and manufacturer's directions, and shall obtain written instructions from the OVJNER before proceeding with the work. Should the Contractor perform any work that does not comply with the manufacturer's directions or such written instructions from the OWNER, the Contractor shall bear all costs arising in correcting deficiencies. All equipment and materials shall be new, unless specifically noted otherwise, and shall bear the manufacturer's name, trademark, and USME, UL, and/or other labels in every case where a standard has been established for the particular item. Equipment shall be the latest approved design of a standard product of a manufacturer regularly engaged in the production of the required type of equipment, and shall be supported by a service organization that is, in the opinion of the OWNER, reasonably convenient to the site. It is the responsibility of the Contractor to insure that items furnished fit the space available with adequate room for proper operation and maintenance. The Contractor shall make measurements to ascertain space requirements, including those for connections, and shall furnish and install such sizes and shapes of equipment that, in the final inspection, will suit the true intent and meaning of the plans, specifications, and Contract Documents. The Contractor shall furnish and install all equipment, accessories, connections, and incidental items necessary to complete the work, ready for use and operation by the OWNER. When the OWNER has reviewed equipment submittals and given instructions to proceed with the installation of items of equipment that require arrangements or connections different from those shown on the drawings, it shall be the responsibility of the Contractor to install the equipment to operate properly and in accordance with the intent of the plans and specifications, and the Contractor shall provide any additional equipment and materials that may be required. The Contractor shall be responsible for the proper location of rough-in and connections by other trades. All changes shall be made at no increase in the Contract amount or additional cost to other trades. The Contractor shall support the installation of all equipment, plumb, rigid and true to line. The Contractor shall determine how equipment, fixtures, conduit, etc., are to be installed, and shall provide foundations, bolts, inserts, stands, hangers, brackets, and accessories for proper support whether or not shown on the drawings. 016010-4 L a 1.08 � � L�J i� � � ;�, � L�J �� I � � � L�J � � � LJ SHOP DRAWINGS AND PRODUCT DATA A. Data Required: 1. 2. 3. Submit shop drawings, product data, and all other required information as specified in Division 1— General Requirements. Submittals are required on all products and items to be installed on this product. Submittal data must show manufacturer's name, published ratings or capacity data, detailed equipment drawing for fabricated items, panel drawings, wiring diagrams, installation instructions, and other pertinent data. Where literature is submitted covering a group or series of similar items, the applicable items must be clearly indicated. B. Submitted Items: Submittals are required for all equipment and materials to be u5ed on this project. Submittals shall be complete with all pertinent information and installation details. C. Terminal Connection Diagrams: 1. Submit terminal connection diagrams for approval prior to any wire installation. 2. Submit finalized terminal connection diagrams at the end of the job. 1.09 SYSTEM RESPONSIBLITY A The Contractor shall be responsible for: 1. 2. 3. 4. Complete systems in accordance with the intent of these Contract Documents. Coordinating the details of facility equipment and construction for all Specification Division which affect the work covered under Division 16 — Electrical. Furnishing and installing incidental items no.t actually shown or specified, but which are required by good practice to provide complete functional systems. Coordinate the work with the Instnimentation Contractor. a. The Instrument Contractor shall furnish and install the primary and secondary instrument, i.e., level element and level indicating transmitter, etc. flow transmitter (flow tube by other), headloss trasmittes, etc. Refer to loop Drawings. b. The conduit and wiring to and from the instruments shall be furnished and install by Electrical Contractor. c. All termination in the control panel shall be by the Instrument Contractor. � 016010-5 L�J � LJ � L�J � LJ � LJ � u CiJ ..�-, L� I L•' LJ CI �r� l�; �I �� d. e. f. g• h. i. J The Electrical Contractor shall provide termination drawing for Instrumentation Contractor. The equipment pad for the control panels, consoles, and instrument panels shall be furnished by the electrical contractor. The Electrical Contractor shall coordinate the testing of the electrical system being furnished by the Electrical Contractor. The Electrical Contractor shall be present at time of the instrument system testing and start up: He shall be responsible to coordinate the testing of the facility with the instrument contractor. The Electrical Contractor shall coordinate the interface requirement between each starter and control panel furnished under this contract with the instrument Contractor. Written proof shall be furnished to verify that a clear understanding has been reached between the Electrical Contractor and the Instrument Contractor for each control loop requirement, i.e., type of contracts (momentary, maintained), interface relay requirement, number of wires, terminal marking control schematic information, and wiring diagram. The Instrument Contractor shall furnish and install the fiber-optic cable in conduit system provided by the Electrical Contractor. B Electrical plan raceways showing only general locations of equipment, devices and raceway, unless specifically dimensioned. The Contractor shall be responsible for the proper routing of raceway, subject to the approval of the Engineer. C Submit to the Engineer, in writing, details of any necessary proposed departures from these Contract Documents and the reasons therefor. Submit such request as soon as practicable and within ten (10) days after award of the Contract. Make no such departures without written approval of the Engineer. D Dimensions on Electrical Drawings shall be verified with structural, architectural, and mechanical drawings. E Where the Contractor is submitting a packaged system, the Contractor shall meet the requirements of the electrical specifications. This includes field cables, conduits, junction boxes, circuit breakers, combination starters, push buttons, pilot lights, and motors. Deviations shall not be accepted, unless approved. Control centers and special control cabinets wired to terminal blocks shall include the manufacturer's standard quality, unless specifically mentioned to the contrary on the drawings or in the specifications. F Maintain continuity of electric service to functioning portions of the process or buildings during hours they are normally in use. Temporary outages will be permitted during cut over work at such times and places as can be prearranged with the Engineer and OWNER. Such outages shall be kept to a minimum number 016010-6 L�J L�J � � � � � L�J � L�J � L;J l�l � and minimum length of time. Make no outages without prior written authorization of the Engineer. Include costs for temporary wiring and overtime work required in the Contract price. Remove temporary wiring at the completion of the work. PART 2 PRODUCTS 2.01 PRODUCT REQUIREMENTS A. Condition: Materials and equipment provided under these specifications must be new products of manufacturers regularly engaged in production of such equipment. Provide the manufacturer's latest standard design for the type of equipment specified. B. NEC and UL: Products must conform to requirements of the National Electric Code. Where Underwriter's Laboratories have set standards, listed products, and issued labels, products used must be listed and labeled by UL. C. Space Limitations: Equipment selected must conform to the building features and must be coordinated with them. Do not provide equipment, which will not suit arrangement and space limitations. D. Factory Finish: Equipment must be delivered with a hard surface, factory-applied finish so that no additional field painting is required. _ E. Field Installation: All field installed equipment, conduit, etc., shall require Type 316 stainless steel nuts, bolts, washers, and rigid aluminum or Type 316 stainless steel metal framing and supports, and other items as indicated on the Plans. 2.02 SUBSTITUTIONS A. Refer to Division 1— General Provisions for Substitution Requirements. PART 3 EXECUTION a3.01 PROTECTION OF EQUIPMENT u � � L�J A. Moisture 1. During Construction, provide heaters to protect switchgear, transformers, motors, control equipment, and other items from moisture absorption and corrosion. 2. Apply protection immediately on receiving the products and provide continuous protection. 016010-7 � a a � � � 3.02 � � � � � � a � � � a � � 3. Store all equipment indoors in dry, well ventilated and heated space. Clean: Keep products clean by elevating above ground or floor and by using suitable coverings. : C. Damage: Take such precautions as are necessary to protect apparatus and materials from damage. Failure to protect materials is sufficient cause for rejection of apparatus or material in question. D. Finish. Protect factory iinish from damage during construction operations and until final acceptance of the project. INSTALLATION Cooperation with Other Trades: A. 1. 2. Cooperation with trades adjacent, related, or affected materials or operations, and of trades performing continuations of this work under subsequent contracts, is considered a part of this work in order to effect timely and accurate placing of work. In sufficient time to be coordinated with work of others, provide drawings and layout work showing exact size and location of sleeves, openings, or inserts for electrical equipment in slabs, walls, partitions, and chases. Workmanship: Work must be performed by workman skilled in their trade. The installation must be complete whether the work is concealed or exposed. I:� Concrete Equipment Pads: C. 1. Install 4—inch thick concrete foundation pads for the indoor floor- mounted equipment, except where direct floor mounting is permitted by the OWNER. 2. Pour pads on roughened floor slabs sized so that the outer edges extend a minimum of 3 inches beyond equipment. 3. Trowel pads smooth and chamfer edges to a 1-inch bevel. 4. Provide dowels in slab, and rebar between the dowels. 5. Pads must drain away from equipmen� 6. Secure equipment to pads as recommended by the manufacturer. Setting of Equipment: � 1. Equipment must be leveled and plumb. . 2. Sheet metal enclosures mounted against a wall must be separated from the wall not less than '/4-inch by means of corrosion resistant spacers, or by 3 inches of air for freestanding units. � [�jC1�� :� � � � LJ � � L�J I�' � � LiJ u L!J � ��J 0 3.03 L�� L#J u � E. F 3. Use corrosion resistant bolts, nuts, and washers to anchor the equipment as Specified in Section 2.01 E. Sealing of Equipment 1. Permanently seal outdoor equipment at the base using concrete grout. 2. Seal or screen opening into equipment to prevent entrance of animals, birds, and insects. 3. Use stainless steel or copper mesh �vith openings not larger than 1/16-inch squares for screened openings. 4. Seal small cracks and openings from the inside with silicone sealing compound. Motors: 1. Motors are specified under section 11310 submersible Wastewater pump 2. Electrical work includes the electrical connection of all motors, except those, which are wired as a part of the equipment. G. Concealed Work: Conceal electrical work in walls, floors, chases, under floors, underground, and above ceilings except: 1. When shown or specified to be exposed. "Exposed" is understood to mean open to view. 2. Where exposure is necessary to the proper function. 3. Where size of materials and equipment precludes concealment. H. Application: Unless otherwise indicated, power will be utilized as follows: A. . Nameplates: 1. Motors %2 horsepower and smaller: 120 volts, single phase. 2. Incandescent lighting, convenience outlets, special outlets, and fluorescent lighting: 120 volts, single phase. EQUIPMENT AND DEVICE MARKING 1. Externally mark electrical equipment by means of suitable nameplates identifying each and the equipment served. 2. Pravide each piece of equipment with a black phenolic nameplate with 3/16-inch high white letting secured to the front o equipment. For nameplate size, refer to Division —16 Electrical. 3. Supply blank nameplates for spare units and used spaces. 016010-9 � LiJ Ls1 LJ C�J �� L�J �I �I L� L�ll C+ L!! � �•J L�J � L■J � � 4. Actual nameplate legend, which may consist of up to three lines, will be provided by the Engineer on submittals. B. Nameplate Fasteners. Fasten nameplates to the equipment only by means of appropriate non-corroding screws and as specified in Division —16 Electrical. Stick-ones or adhesives will not be allowed. - C. 0 E. Nameplate Information. In general, the following information is to be provided for the types of electrical equipment as listed. 1. Switch gear, Motor Control Centers, and Distribution Panel boards: On the mains, identify the piece of equipment, the source and voltage characteristics, i.e. 480 V, 3 PH, 3 W, etc. For each branch circuit protective device, identify the load served. 2. Transformers: Identify the service source and load served. 3. Panel boards: Identify the service source, panel board designation, and .voltage characteristics. . Panelboards: 1. Prepare a neatly typed circuit directory behind clear heat-resistant plastic for each panel board. 2. Identify circuits by equipment served and by room numbers, where room numbers exist. 3. Use equipment names and room numbers selected by the Engineer; names and numbers may be different from those shown on plans. 4. Indicate spares and spaces with light, erasable pencil markings. Boxes, Small Equipment and High Voltage Equipment: 1. Pull boxes, individually mounted disconnect switches, motor starters, and similar items may be marked with Dymo No. 158-4 vinyl embossing tape with adhesive back in lieu of nameplates. Use Dymo No. 7123 perma-stick liquid adhesive with the tape. Tape color. Placement and spacing must be approved by the Engineer before starting work. 2. Provide identification stencils for high voltage equipment and raceways with the legend "DANGER — HIGH VOLTAGE." Mark all exposed high voltage raceways every 25 feet. . F. Power Receptacles: Use the nameplate or engraved plate to identify power receptacles where the nominal voltage between a pair of contacts is greater than 150 volts with circuit number, voltage and phases. � G. Wall Switches: Engrave the switch plate of the switch from the function of the switch. 016010-10 � L�J �� 1 �•J �� LJ Li LJ � L�J r,�l u � � � [■J� 3.04 TESTING A. Test Conditions: 1. 2. 3. 4. Place circuits and equipment into service under normal conditions, collectively and separately, as may be necessary to determine satisfactory operation. � Perform specified tests in the presence of the Engineer, as specified in Division —16 Electrical. Furnish all instruments, wiring, equipment , and personnel required for conducting tests. Demonstrate that the equipment operates in accordance with the requirements of the plans and specifications. B. Test Dates: Schedule final acceptance tests sufficiently in advance of the Contract completion date to permit completion of any necessary adjustment or alterations, within the number of days allotted for completion of the Contract. C. Retest: Conduct retest as directed by the Engineer of such time duration as may be necessary to assure proper functioning of adjusted or altered parts or items of equipment. Any resultant delay as a result of such necessary retest does not relieve the Contractor of his responsibility under this Contract. 3.05 PROJECT RECORD DOCUMENTS A. Preparation: 1. 2. 3. 4. At the job site, maintain a set of white prints of the contract drawings. At the job site, maintain a set of equipment terminal connection drawings. On the prints, record field changes and diagrams of those portions of work in which actual construction is at variance with contract drawings. Mark the drawings with a colored pencil. Record installed feeder conduits, dimensioning the exact location and elevation of the conduit. B. Delivery: Deliver record drawings to the Engineer in the number and manner specified in Division 1— General Requirements. Use the attached sample sheets as an example for furnishing power, control and instrument wiring diagrams. 3.06 CUTTING AND PATCHING A. Lay out work carefully in advance. Do not cut or notch any structural member or building surface without specific approval of the Engineer. Carefully carry out any cutting, channeling, chasing, or drilling of floors, walls, partitions, ceilings, paving, or other surfaces required for the installation, support, or anchorage. of 016010-11 �' L'�'J L�J� L1 L�J � LJ (�I I�� ' �� L�! �� l�l �!! L1 LJ � conduit, raceways, or other electrical materials and equipment. Following such work, restore surfaces neatly to original condition. 3.07 LOAD BALANCE A. The drawing sand specifications indicate circuiting to electrical loads and distribution equipment. Balance electrical load between phases as nearly as possible on switchboards, panelboards, motor control centers, etc. 3.08 MOTOR ROTATION A. After final service connections are made, check and correct the rotation of motors. B. Coordinate rotation checks with the Engineer and the Contractor responsible for the driven equipment. Submit a written report to �the Engineer for each motor verifying that the rotation has been checked and corrected. 3.09 CLEANING AND TOUCH-UP PAINTING A. Touch up scratches, scrapes, or chips in the interior and exterior surfaces of devices and equipment with finishes matching as nearly as possible the type, color, consistency, and type of surface of the original finish. If extensive damage is done tot he equipment paint surfaces, refinish the entire equipment in a manner that provides finish equal to or better than the factory finish, and that meets the requirements of the specifications and is acceptable to the Engineer. END OF SECTION 016010-12 0 W � '� � e � �� I � � L�I C� �� l�J � � �' !!J !�1 � � �� u � � CONTRACTOR COMPLIANCE WITH WORKER' S COMPENSATION LAW Pursuant to article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certiiies that provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth Project Number: PW53-060530500070 . �� {� %� ,�Y�l,----`�if 61 c—�C� cQ..�P `cac�S��c� . �1C . v Contractor , By: �� // �/.i1n bv�'0_2,.�- Title //r/ Co - 9 `� Date STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared 1�� -Q11a,t�. , known to me to be the person whose name is subscribed to the foregomg mstrument, and acknowledged to me that he executed the same as the act and in the capaciry therein stated. , GIVEN UNDER MY HAND AND SEAL OF OFFICE this /�,�u day of `�w , 1999. �a.�cx.t� � . �d ��.,c�� Nota C P�iblic in and for the tate of Te�s rY Page 1 of 1 s� '�i� � � � � � � � � � � � � � � � � � � � CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth Project Number: PW53-060530500070 . ' Contractor : Title Date STATE OF TEXAS § COUNTY OF T�iRRANT § BEFORE ME, the undersigned authority, on this day personally appeared , 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 in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1999. Notary Public in and for the State of Texas Page 1 of 1 . � IJ L■l f�J � �J , � l�J � � f� � � L!! � � � � L�J L1 � t • • . . '� CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH, TEXAS NAME OF PROJECT: PROJECT NUMBER(S): THIS IS TO CERTIFY THAT DATE: ... . "t (Name and Address of Insured) 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 Comprehensive General Liability Insurance (Public Liability) Blasting Collapse of Buildings or structures adjacent to excavations Damage to Underground Utilities Builder's Risk Comprehensive Automobile Liability Contractual Liability Bodily Injury: Ea. Occurrence: Property Damage Ea. Occunence Ea. Occurrence Ea. Occurrence Bodily Injury: Ea. Person Ea. Occurrence: Property Damage Ea. Occurrence Bodily Injury: Ea. Occurrence: Property Damage Ea. Occurrence $ $ $ $ $ $ $ $ $ Other Location covered: Description of Operations covered: The above policies either in the body thereof or by appropriate endorsement provide that they may not be charged or canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulatior.s 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 Fort Worth Address By Address , Title �i V • � • '1 ,W \ { „ \ �r f, �° • 4 � � � � � � . � !" � � . i� � � � � � � � � �� 0 L�J C' � � � � !J � � PERFORMANCE BOND Bond No. KO-5953285 COUNTY OF TARRANT § TI� STATE OF TEXAS KNOW ALL MEN BY TI�SE PRESENTS: That we (1) SOUTHERN PARADISE CONSTRUCTION CO. a(2) CORPORATION of TEXAS, hereinafter call Principal, and (3)INDEMNITY INSURANCE COMPANY OF NORTH AMERICA a cor�ration organized and existing under the laws of the State and fully authorized to transact business in the State of Te�s, 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 Te�s, hereinafter called Owner, in the penal sum of: TWO HUNDRED AND FORTY-FIVE THOUSAND AND 00/100... ($245,000.001 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. TI� CONDIT'ION OF THIS of OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the n�/ �(1 �09� 1999 a copy of which is hereto attached and made a part hereof, for the construction of: REPLACEMENT OF RECLAMATION PUMPS TO SERVE NORTH HOLLY WATER TREATMENT PLANT. Designated as Project No. (s) PW53-0530500070, a copy of which contract is hereby attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the "work". � NOW TI�REFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with D 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 if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and D dainages 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. L� � n � F1 �, t G-'J C� C� � Q � � Q � � � � � � � � O � �� 0 � � :t ._ � � ..r.� ^ _ ,.,�;W r-1 I■I u �I C�� ;!J � (Principal) ecretary (SEAL) L�J C' L�J � PROVIDED FURTi�R, that if any legal action fileci upon this bond, venue shall lie in Tarrant County, State of Texas. � AND PROVIDED FIJR'THER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addirion 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 obligations on this bond, and it does hereby waive norice of any such change, extension of time, alterarion or addirion to the terms of the contract or to the work or to the specifications. N WITNESS WHEREOF, this instrument is executed in 6 counterparts each one of which shall be deemed an original, this the of r ,1999. ATTEST: ��.�. � ��. Witness as to Pri ci� 'pal � 211v CiLI � � o e-e.Qt�e.Q-. A� 7( oS� �A dress � A T: � .� tY) Secreta�Y Q(SEAL) D � a v �� aitness as to Surety � � 811 Lamar. Suite 310. Fort Worth Texas 76102 SOUTHERN PARADISE CONSTRUCTION, INC. PRINCIPAL (4) BY: .�%��4� Tifle: '�1�e�,-e�-.� 4802 HWY 377 S., #18 FORT WORTH, TEXAS 76116 (Address) Indemnitv Insurance Companv of North America Surety . �BY: . ; (Attorney-in- ct) (5) Martin A.. Prisant 811 Lamar. Suite 310. Fort Worth Texas 76102 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation, a Parinership or an Individual, as 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.. F2 l�J � � � lRl �I l!, � l�7 L�J � leJ n 0 !J �■1 �!! C' PAYMENT BOND Bond No. KO-5953285 TI� STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY TI�SE PRESENTS: That we (1) SOUTHERN PARADISE CONSTRUCTION CO.. a(21 CORPORATION of TEXAS, hereinafter call Principal, and (3) INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, 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 person, firms, and corporarions who may furnish materials, for or perform labor upon the building or improvements hereinafter referred to in the penal sum of : TWO HUNDRED AND FORTY-FIVE THOUSAND AND 00/100.... (5245.000.001 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 xnade, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly to these presents. TI� CONDTITON OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the day of .D. , 1999, a copy of which is hereto attached and made a part �thereof, for the construction of:: � REPLACEMENT OF RECLAMATION PUMPS TO SERVE NORTH HOLLY WATER TREATMENT PLANT. Project No. (s)PW53-0530500070, a copy of which 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 refened ta as the "work". NOW TI�REFORE, the conc�ition of this obligation is such that, if the Principal shall prompfly make payment to all claimants as defined in t�srticle 5160, Revised Civil Statutes of Te�s, supplying labor and materials in the prosecution of the work pravided ifor in said Contract, thsn this obligation shall be null and void, otherwise it shall remain in full force and effect. F10 L�J � a TI� BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labar and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised Civil Statutes. O L�J � L�� C I�� sl L�J L�JI � PROVIDED FIJRTF�R, that if any legal action be filed upon ttus bond, venue shall lie in Tarrant County, State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of addition to the terms of the contract or to the work to be performed thereunder or the specification s accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such cbange, extension of time, alteration or addition to the terms of the contract or to the work to the specifications. PROVIDED F[JRTI�R, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WTTNESS WHEREOF, this instrument is executed in 6 counterparts each one of which shall be deemed an original, this the day of A.D., 1999. ATTEST: i��" � SOUTHERN PARADISE CONSTRUCTION CO. P IPAL (42 BY: �L� Title: �i�g�e��'� (Principal) Secretary (SEAL) �� Witness as to Prin ipal �'2i� C'�laro CG�.e.c.�v, ��1. 7(0�' Address • � A aurety eci �tary (SEAL) a � �1 � �'' 811 Lamar, Suite 310. Fort Worth. Texas 76102 4802 HWY 377 S., #18 FORT WORTH, TEXAS 76116 (Address) Indemni, Insurance Comnanv of North America Sure � BY: � (Attorney-m-fa (5) Martin A. Prisant (Address) 811 Lamar. Suite 310. Fort Worth. Texas 76102 (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 Individual, as 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 Attomey in Fact. C' L�1 �I CI L� 0 �� L' L�J !J � ,•l u � L�J � �� j C' MAINTENANCE BOND No. KO-5953285 TI� STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY TI�SE PRESENTS: That (1) SOUTHERN PARADISE CONSTRUCTTON CO. as Principal, acting herein by and through (2) DINA HOLLAND its duly authorized PRESIDENT and (3) INDEMNITY INSURANCE COMPANY OF NORTH AMERICA a corporation organized under the laws of the State of Pennsylvania, as surety, do hereby acknowledge themselves to be held and bound to pay unto the Ciry of Fort Worth, A Municipal Corporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort Worth, in Tarrant County, Texas the sum of TWO HUNDRED AND FORTY-FIVE THOUSAND AND 00/100.... ($245,000.00) in lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however; that, ; WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth dated � �, 1999, the performance of the following described public work and the construction of ;' e fo lowing descri ed public improvements: REPLACEMENT OF RECLAMATION PUMPS TO SERVE NORTH HOLLY WATER TREATMENT PLANT. of same being refened to herein and in said contract as the Work and being designated as Project No. (s) PW53- 0530500070and said contract, including all of the specifications, conditions and written instnunents referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof, the same as if set out verbarim 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 (1) Year after the date of the final acceptance of the work by the City; and VVf�REAS, said Contractor binds itself to maintain said work in good repair and condition for said term of One (1) Year; and, Wf�REAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opuuon of the Director of the Water Department of the City of Fort Worth, it be necessary; and, WE-IEREAS, said Conttactar binds itself, upon receiving notice of the need therefor to repair or reconstruct said work as herein provided. FS � � 4 � � 4 0 . .� . � . � �- �� a . �� . a . � . � o ,� . o .. � a � � o , a.. o , �.� j -� `..4� �v ' , F�'a A ' i e- O • � � t/ � L� � L�J C ��l � �l l�. L�J � � CI, NOW TT�REFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise this Bond shall be and remain in full force and effect, and said City shall have and recover from the said Contractor and its surety damages in the premises 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 exhaustea. Wf�REAS, 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 s instrument is executed in 6 counterparts, each one of which shall be deemed an original, dated �� ,1999. ATTEST: ' � � (Principal) Secre� l (Seal) �� . �� Witness as to Princ �ii al �2�1� � �a�o , l�.�u '7�oS8 � (Ar�r�rPccl SOUTHERN PARADISE COSNTRUCTION CO. PRINCIPAL (4) BY: Title: �� `�.��- 4802 HWY 377 S., #1S FORT WORTH, TEXAS 76116 (Address} INDEMNITY INSURANCE COMPANY OF NORTH AMERICA Surety BY: � (Attorney-in- act) Martin A. Prisant 811 Lamar, suite 310, Fort Worth Texas 76102 (Address) NOTE: Date of Bond must not be prior to date of Contract � � (SEAL) IL�J l�l � � � Witness as to Surety 811 ar, Suite 310. Fort V4�orth Texas 76102 (1) Correct Name of Contractor (2) A Corporation, a partnership ar an Individual, as case may be (3) Correct name of Surety (4) If Corrtractor is Partnership a11 Partners should e�cute Bond (5) Atrue copy ofPower ofAttomey shall be attached to Bond by Attomey-in-Fact. o �b ��O�' � . �� .� �- INDENINITYINSURANCECOMP�,g.,�_:.,..�....�a_. ;�.,,..��,.,a,: ��„ � � . ,,, , �g4g 'V eY O f ANY OF NORTH AMERICA 43 9� i. i� �Attorney Bond No. KO-5953285 �`I_ , �? �� ,'� CIGNA � � �� '! Know all men by these presents: That INDEMNITY INSURANCE COMPANY OF NORTH AMERICA , a corporation of the Commonwealth of Pennsylvania , having its principal offlce in the City o1 Philadelphi� Pennsylvani; , pursuant to the following Resolution, adopted by the Boazd of Directors of th said Company on December 5, 1983, to wit: "RESOL VED, That pu�trant to Articles 3.1R and S.l of the By-Laws, the following Rules shall gevem the execution for the Company of bondg, underlakings, recognizances, contracis and other writings in the nature thereof ( I) That the President, any Senior Vice President, any Vice President, and Assistant Vice President, or any Attnmay-in-Fact, may execute for and on behalf of the Comparty any and all bonds, imdertakings, recognizances, '� contracts and ether writings in the naNre thereof, the same to be attested when necessary by the Coiporate Secretary, or any Assistant Corporate Secretary, and the seal of the Company affixed Ihereto; and that the President, any Senior Vice President, any Vice President or any Assistant Vice President may appoint and authcttize any other Officer (elected or appointed) of the Company, ant Attomeys-In-Fact to so execute or , attest to the execution of all such writings on behalf of the Company and to atTix the seal of the Company Uiereto. (2) Any such writing executeA in acecttdanee with these Rules shall be as bincling upon the Comparry in any case as though signed by the President and attested to by the Co�orate Secrefary. (3) The signahve of the Presiden[, or a 9enior Vice President, or a Vice President, or an Assistant Vice President and the seal of the Company may be affixed by facsunile on any power of attorney gcanted putsuant to this Resolution, and the signature of a certifying Offieer and the seal of the Company may be atI'viced by facsunile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) Such cNher Ott`icers of the Company, and Attomeys-In-Fact shall have authority to certify or verify copies of t}tis Rex+lutien, the By-Laws of the Company, and any afl'idavit or recerd of the Company necessary to the dischazge of their duties. J � (� The passage of this Resolution does not revoke any eazlier authority gcanted by Resolutiens of the Board of D'uectors adopted on June 9, 1953, May 2$ 1975, and Mazch 23, 1977." I� does hereby nominate, constitute and appoint MARTIN A. PRISANT Of the Clty Of M11tT11, State of Florida , each individually if there be more than one � named, its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, f recognizances, contracts and other writings in the nature thereof in penalties not exceedin€ Five Hundred Thousand Dollars ($500,000 and the execution oP, such writings in pursuance ofthese presents shall be as binding upon said Company, as fully and amply as ifthey had been duly executed and ackowledged •"= by the regularly elected officers of the Company at its principal office. � O Q � "� � � � � � � � � � L � � � m U � � ,� N F Q � z L o � > � N (0 r — � d �� O � � � � O � O � > � � \� ` �. � �. (a N � L � oc � •- L � O (� L � � �� U � � ,� L O ` Z U IN WITNESS WHEREOF, the said William Jungreis , Vice-President, has hereunto subscribed his name and affixed the corporate seal ofthe said INDEMNITY INSURANCE COMPANY OF NORTH AMERICA this 14th day o1 Jul} 1995 . ��yn��VHyyY INDEMNITY INSURANCE COMPANY OF NORTH AMERIC ' �o°� pCLP,}y � �v�,..- Y s'��i��VSsS� � $ (� '_'�'.Lil'17�.'f'; �(� � i � P :Y •S v �;'�wa�:�. �y�JCti I ' �H �' � � • ""'•+• �� "" William Jungreis , Vice President COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On This 14th day of July , A.D. 1999 , before me, a Notary Public of the Commonwealth of Pennsylvania in and for the Counry of Philadelphia came ' William Jungreis , Vice-President ofthe INDENINITY INSURANCE COMPANI' OF NORTH AMERICA to me personally known to be the individual and o�cer who executed the preceding instrument, and he acknowledged that he executed the same, and that the seal �xed to the preceding instrument is � the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, an�� that Resolution, adopted by the Boazd of Directors of said Company, referred to in the preceding instrument, is now in force. �, IN TESTIMONY WHEREOF, I have hereunto set my hand and �xed my official seal at the City of Philadelphia the day and year first above writteny� ............,, .3�,�-1.-� � -�!••, _:;�. - ��y�j f• � =_ 3` � a� _ - . _ + �..vf � ; r�� ,'CY tixp' �(J= �� r,_ �� Yl • a . • v��': ,,,� ,� R r g ,,, '�►►►•�„„ � �„�.<<�� NOTARIAL SEAL DEBRA M. MARANO, Notary Public Gty of Philadelphla, Phlla. County My Commission Expires Dec 20,1999 � /� � Notary Public I, the undersigned Secretary of INDEMNITY INSURANCE COMPANY OF NORTH AMERICA , do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a substantially true and correct copy, is in full force and effect. In witness whereof, I have hereunto subscribed my name as Secretary, and affixed the corporate seal of the Coiporation, this 1 6 tYlday of Nn�ra�ti�G,� 1 �-9�—. �M�� w�4Y /'� y�� y.�y� / \ l/1 /,�1 / �I . .Y �,.. • p�T4�!'�' ^ V.'e '��'^ �a [$•' Sa S '�` :�3.�J 1 ��.'� i It.YJc/l/ �1 3 � ;t�!�.�p��y:ys= `7 3.s'� '. ' / �� r,�..` .ti�;�+A F Debra H. Paziora, Secret�cy .,,.,�,��„+"''" THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTE: July 14, 2001 . II _ NOT VALID UNLESS PRINTED ON TEAL BACKGROUND iiw,ia. ��_i iL��.i i . , � � _ _. . _ _a � ��_...i L��....,,u . .l, ��i. , .�. . i - � '.� �., , � BS-38449d n 0 ❑ V � � � 0 � � � � � � � � � � � � � � �� I�� LJ � l�l PART G - CONTRACT THE STATE OF TEXAS § � COUNTY OF TARRANT § THIS CONTRACT, made and entered into 1�/l o/ q �j � 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 ,�ptt7`�iL'in �qf aclrS�. ��nC • of the City of � v�-�' V4101`t�+ , County of Tqq/,I'eZMrt" �, and State of ''�i�_, Party of the Second Part. Hereinafter termed "CONTR.ACTOR" � WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First � Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said Party of the First Part (Owner) to commence and complete certain improvements described as follows: � L�J � h rewith under the terms as stated in the Contract and all extra work connected t e , � Documents, and at his (their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, bonds, insurance, and other accessories and services necessary to complete the said construction, in accordance � with all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and printed or other written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each of � which has been identified by the endorsement of the Contractor and the Engineers thereon, together with the Contractor's Written Proposal and other parts of the Contract Documents hereto attached, including the Fort Worth Water Department General � � Contract Documents and General Specifications, all of which aze made a part hereof and collectively evidence and constitute the entire contract. ��J � � G-1 L�J � �J �� L�I L�J � � � � � �� '� L'�1 The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete same within the time stated in the Proposal. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents and all approved modifications therefor, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the Parties to th�se presents have executed this Contract in quadruplicate the year and the day first abo �e written. ATTEST: City of Fort Worth, '�'/e�cas (Owner) Party of the Firs . BY� Bob Terrell, City Manager ✓ G oria Pears , City Secretary (SEAL) WITNESSES: � � Approved for the Fort Worth City Water Department: �� Lee . Bradley, Jr., Water Direc Approved as to Form and Legality: � � � Wade Adkins, City Attorney �c-�-��tl�cs�c�..�-s�.-Q�9�'t-� ��n�- • ., I�. �� C� - �'7'y �� Contract �buti%rization �i� 9-gq nate j`� G-2 L! City of Fort Worth, Texas �►�Ayar And Caunc�l Cammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 11/9/99 **C-17745 60PARADISE 1 of 2 SUBJECT APPROPRIATION ORDINA CE AND AWARD OF CO TRACT TO SOUTHERN PARADISE, INC. FOR REPLACEMENT OF RECLAMATION PUMPS TO SERVE NORTH HOLLY WATER TREATMENT PLANT RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to transfer $264,750 from the Water and Sewer Operating Fund to the Water Capital Project Fund; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $264,750 from available funds; and 3. Authorize the City Manager to execute a construction contract with Southern Paradise, Inc. for the replacement of reclamation pumps to serve the North Holly Water Treatment Plant, on the low bid of $245,000. DISCUSSION: The North Holly Water Treatment Plant reclamation pumps are used to pump filter backwash and storm water to an area within the treatment plant. The existing pumps are not large enough to meet filter backwash requirements and require extensive maintenance. The construction contract includes the installation of three wastewater submersible pumps with additional capacity and remote control capability. On September 16, 1999, the following bids were received: : �� i BID AMOUNT ESTIMATED COMPLETION TIME Southern Paradise. Inc. AUI, Inc. Linder Stahl Whizcon Utilities, Inc. Stocker Interprise, Inc. The project is in COUNCIL DISTRICT 9. $245.000, $303,593 $325,000 $347,511 $393,500 90 Calendar Days Southern Paradise, Inc. is in compliance with the City's M/WBE Ordinance by committing to 12% M/VVBE participation. The City's goal on this project is 12%. In addition to current cost, $12,250 is required for contingency and $7,500 is required for staff inspection and support. 2 City of Fo�t Worth, Texas �1►�Ayar. And C,aun�c�l L,ammun�cAt�an- DATE REFERENCE NUMBER LOG NAME 60PARADISE PAGE 2 Of 2 11 /9/99 �`*C-'I 7745 SUBJECT APPR4PRIATION ORDINA CE AND AWARD OF CO TRACT TO SOUTHERN PARADISE, INC. FOR REPLACEMENT OF RECLAMATION PUMPS TO SERVE NORTH HOLLY WATER TREATMENT PLANT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommen,dation and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water Capital, Project Fund. MG:k � Submitted for City Manager's Office by: , � Mike `�r.00mer ' ' � Originating Department Aead: Lee Bradley, Jr. Additional Infor�ation, Contact: Lee Bradley, Jr. . , '�• I FUND � (to) � 1 &2 PW53 6140 I 2) PW53 2) PW53 � 8207 (from) 1) PE45 3) PW53 � 8207 I I ACCOUNT I CENTER I AMOUNT 472045 060530500070 $264,750.00 541200 060530500070 $257,250.00 511070 060530500070 $ 7,500.00 538070 0609020 $264,750.00 541200 060530500070 $245,000.00 CITY SECRETARY APPROVED C1TY COUNCIL NOV �g � 1999 �� C{ S¢cretary oE the Citq ot Fort Wor2Zi, Texas Adopted Or�inanc� No. ��