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HomeMy WebLinkAboutContract 8790 CITY SECRETARY CONTRACT No-... SPECIAL CONTRACT DOCUMENTS FOR WATER AND SEWER FACILITIES TO SERVE BLOCK 44A AND PORTIONS OF BLOCK 45 , 51, & 74 WESTCLIFF ADDITION PROJECT NO. 109-15000-5662 (WATER) PROJECT NO. 106-13000-6932 (SEWER) R. N. LINE J . L. ROBINSON CITY MANAGER DIRECTOR WATER- DEPARTMENT J . R. HENDRICK ASSISTANT DIRECTOR .WATER DEPARTMENT OFFICIAL RECORD W CONSULTING ENGINEER O R D O N S. S W o F T s P. E. CITY SECRETAR SERVICE LIFE CENTER, FORT WORTH FT. WORTH, 9ED6o SPECIAL CONTRACT DOCUMENTS FOR WATER AND SEWER FACILITIES TO SERVE BLOCK 44A AND PORTIONS OF BLOCIZ 45 , 51 , & 74 WESTCLIFF ADDITION PROJECT NO . 109-15000-5662 (WATER) PROJECT NO . 106-13000-6932 (SEWER) R. N . LINE J . L . ROBINSON CITY MANAGER DIRECTOR WATER DEPARTMENT J . R. HENDRICK ASSISTANT DIRECTOR WATER DEPARTMENT PREPARED BY GORDON S . SWIFT , P . E . CONSULTING ENGINEER PART A - NOTICE TO BIDDERS Sealed proposals for the furnishing of all labor , materials and equipment necessary for the installation of water mains , designated' as Fort Worth Water Project No . 109-15000-5662 and sanitary sewer mains , designated as Fort Worth Sewer Project No . 106-13000-6932 , to serve Block 44-A, and portions of Blocks 45 , 51 and 74 , Westcliff Addition will be received at the office of the City Manager , City Hall , Fort Worth, Texas until 11 : 00 A.M. - Tuesday , May 4, 1976 and then publicly opened and read aloud . Special Contract Documents , including Plans and supplemental detailed specifications , have been prepared for this project and may be obtained at the Engineering Office of the Fort Worth Water Department , Room S-113 , City Hall, 1000 Throckmorton Street , Fort Worth, Texas . A deposit of $10 . 00 is required far each set of Special Contract Documents . General Contract Documents and General Specifications for Water Department projects , 'with revisions through January 1 , 1976 , also comprise a part of the Contract Documents for this project and may be obtained upon a 'deposit of $50 . 00 for each set . Refund of deposit will be made as provided in the Special Conditions . The City reserves the right to reject any or all bids and waive any or all irregularities . No bid may be withdrawn until the expiration of forty-five (45) days from the date bids are opened . R. N. Line City Manager Jack Green City Secretary - Treasurer Publication: April 20, 1976 April 27 , 1976 PART B — PROPOSAL (This proposal must no be removed from this book of Contract Documents . ) To : R. N. Line Fort Worth, Texas City Manager May `4 1976 Fort Worth, Texas Proposal For : WATER AND SANITARY SEWER FACILITIES Block 44-A, Portions of Block 45 , 51 , & 74 Westcliff Addition Project Nos . 109-15000-5662 106-1300.0-6932 Pursuant 'to the foregoing "Notice to Bidders , " the undersigned bidder , having thoroughly examined the Contract Documents , includ- ing plans , Special Contract Documents , the General Contract Documents , General Specifications with- revisions through January 1, 1975 , the site of the project and understanding the amount of work to be done and the prevailing conditions , hereby ,proposes to do all of the work as- provided in the plans and Contract Documents , and subject to the inspection and approval of the Director of the Fort Worth 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. i Contractor proposes to do the work within the time stated and for the following sums : ITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL NO . QUANTITY PRICE WRITTEN IN WORDS PRICE PRICE (Furnish and install, including all appurtenant work, complete in place, the following items) : SECTION I - WATER SYSTEM 1. 2135 L. F. 16" Class 150, E 101-24 Pretensioned Concrete Cylinder Pipe E 2-4 . 8 , D-17 @ Nineteen Dollars & Seventeen Cents per L. F. $ 19 . 17 $ 40, 927 . 95 ITEM APPROXIMATE . DESCRIPTION OF ITEMS BID UNIT TOTAL NO . QUANTITY PRICE WRITTEN IN * WORDS PRICE PRICE 2 . Lump Sum Furnish and Install Concrete Pressure Pipe Fittings for Entire Project E 2-4 . 9 , D-19 @ Seven Thousand One Hundred Sixty- Dollars & five No Cents per Lump Sum. $ 7165 . 00 $ 7165 . 00 3 . 50 L. F. Extra Depth for 16" Pipe in Excess of One (1) Foot Below Plan Grade E - 2-2 . 18 , e. @ No Dollars & Fifty Cents per L. F. $ 0. 50 $ 25 . 00 4 . 3600 L. F . 6" Class 2D. I . Water Pipe E 2-3 . 10, E 2-6 , D-20 @ Seven Dollars & Sixes-one Cents per L. F. $ 7 . 61 $ 27 ,396 . 00 5 . 125 L. F . 4" Class 2 D. I . Water Pipe E 2-3 . 10 , E 2-6, D-20 @ Six Dollars & Sixty-nine Cents per L. F. $ 6 . 69 $ 836 . 25 6 . 50 L. F. Extra Depth of Class 2 D. I. Water Line in Excess of One (1) Foot below Plan Grade @ No Dollars & Ten Cents Per L. F. $ 0 . 10 $ 5 . 00 B-2 ITEM APPROXIMATE- DESCRIPTION OF ITEMS BID UNIT TOTAL NO . QUANTITY PRICE WRITTEN IN WORDS PRICE ' PRICE 7 . 2 . 5 Tons Cast Iron Fittings , E 2-3 . 11 , D-20 @ One Thousand Forty-five Dollars & No Cents Per Ton $1045 . 00 $ 2 , 612. 50 8 . 5 Each 6" Gate Valve (M. J . x Flg . ) including Cast Iron Valve Box and Lid , E 2-8 . 4 , D-20 @ One Hundred Eighty Dollars & No Cents Per Each. $ 180. 00_ $ 900. 00 9 . 3 Each 6" Gate Valve (M. J . ) including Cast Iron Valve Box and Lid , E 2-8 . 4, D-20 @One Hundred Seventy-nine Dollars & No Cents per Each. $ 179 . 00 $ 537 . 00 10 . 1 Each 4" Gate Valve (M.J . ) including Cast Iron Valve Box and Lid , E 2-8 . 4 , D-20 @One Hundred Forty-three Dollars & No ' Cents per Each. $ 143 . 00_ $ 143 . 00 11. 4 Each Fire Hydrant E 2-10. 3 , D-20 @ Four Hundred Dollars & No Cents per Each. $ 400. 00 $ 1 , 600. 00 B-3 ITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL NO . QUANTITY PRICE WRITTEN IN WORDS PRICE PRICE 12 . 10 L. F. Fire Hydrant Extension E 2-10. 3 , D-20 @ One Hundred Dollars & Cents Per L. F. $ 100- 00 $ 1000. 00 13 . 51 Each *3/4" Copper or Polyethylene Plastic Service Line and Tap E 2-20. 4 , D- 27 or E 2-31. 3 , (Ref . D-27 ) Ninety-six Dollars & Sixty-six Cents Per Each $ 96 . 66 $ 4929. 66 *The Contractor shall check which of the following on which he bases his bid : 3/4" Copper E 2-20 3/4" Polyethylene (P . E. ) E 2-31 14 . 15 C .Y . Class E (1500#) Concrete Blocking and Backfill E 2-14 , 22c , D-22 @ Forty-five Dollars & No Cents per C.Y. 415 . 00 $ 675 . 00 15 . 15 C.Y. Class B (2500#) Concrete. for easement and use as directed by the Engineer E 2-14 . 22c , D-21 @ Fifty Dollars & No Cents per C.Y. $ 50. 00 $ 750. 00 B-4 ITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL NO . QUANTITY PRICE WRITTEN IN WORDS PRICE PRICE 16 . 15 C.Y . Crushed Limestone for use as directed by the Engineer E 2-36 . 4b , D-23 @ Eight Dollars & No Cents per C .Y. $ 8 . 00 $x.20 . 00 17 . 5 C .Y . Ballast Stone for use as directed by the Engineer , E 2-36 . 4b , D-23 @ Eight Dollars & No Cents per C .Y. $ 8 . 00 $ 40. 00 18 . 340 C .Y . Type "A" Ba'ckfill E 2-2 . 18a @ Four Dollars & No Cents per C .Y . $ 4 . 00. $ 1360. 00 19 . 1520 C .Y . Type "B" Backfill E 2-2 . 18a , D-29 @ Three Dollars & No Cents per C .Y. $ 3 . 00 $4560 . 00 20 . 720 L . F. Pavement Repair 12" H.M.A. C . on 9" Crushed Limestone, E 2-13 . 6 , Fig . 202 @ Eight Dollars & No Cents per L. F. $ 8 . 00 $ 5760. 00 B-5 ITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL NO . QUANTITY PRICE WRITTEN IN WORDS PRICE PRICE 21 . 17 S .Y. Rock Rubble Rip.-Rap D-31 @ Thirty Dollars & No Cents per S .Y . $ 30. 00 $ 510 . 00 SUB-TOTAL UNIT I . $ 101,852 . 36 B-6 ITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL NO . QUANTITY PRICE WRITTEN IN WORDS PRICE PRICE UNIT II - SANITARY SEWER SYSTEM 1 . 310 L.F . 15" Vitrified Clay Sewer Pipe, 6 ' - 8 ' Trench, E 2-7 . 11 , b @ Ten Dollars and Seventy-one Cents per L. F. $ 10 . 71 $ 3320. 10 2 . 240 L. F. 15" Vitrified Clay Sewer Pipe , 8 ' - 10 ' Trench, E 2-7 . 1l ,b @ Eleven Dollars and Seventy-four Cents per L. F. $ 11 . 74 $ 2817 . 60 3 . 225 L. F. Removal of Existing 611 Sanitary Sewer, D-25 @ Four Dollars and Forty-four Cents per L . F. $ 4 . 44 $ 999 . 00 4 . 1630 L. F. 6" Vitrified Clay Sewer Pipe , 0 ' - 6 ' Trench, E 2-7 . 11 , b @ Five Dollars and Nine Cents per L. F . $ 5 . 09 $ 8296 . 70 5 . 132 L. F. 6" Vitrified Clay Sewer Pipe, 6 ' - 8 ' Trench, E 2-7 . 11 , b @ Five Dollars and Fifty-seven Cents per L. F . $ 5 . 57 $ 735 . 24 B-7 ITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL NO . QUANTITY PRICE WRITTEN IN WORDS PRICE PRICE 6. 82 L. F. 6" Vitrified Clay Sewer Pipe, 8 ' - 10 ' Trench, E, 2-7 . 11 , b @ Seven Dollars and Five Cents per L. F. $ 7 . 05 $ 578 . 10 7 . 7 Each Std . 4 ' -0" Dia . Precast Concrete Manhole IT - 61 Deep , E2-12 . 8 , b @- -Four Hundred Fifty Dollars and No Cents per Each . $ 450. 00 $ 3150 . 00 8 . 2 Each Shallow .Concrete Manhole E 2-12 . 8 , b @ Five Hundred Dollars and No Cents per Each. $ 500. 00 $ 1000 . 00 9 . 15 L. F. Additional Depth over 6 ' in Std . 4 ' Dia. Manhole E 2-12 . 8 , b @ Fifty Dollars and No Cents per L. F. $ 50. 00 $ 750. 00 10 . 50 Each 4" Sewer Services , E 2-7 . 9 , 11 (a) @ One Hundred Seven Dollars & Seventy-six Cents per Each. $ 107 . 76 $ 5388 . 00 B-8 ITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL NO . QUANTITY PRICE WRITTEN IN WORDS PRICE PRICE 10 C.Y. Crushed Limestone to be used as directed by the Engineer if any , E 2-36 . 4 , b , D-23 @ Eight Dollars & No Cents per C .Y. $ 8 . 00 $ 80. 00 12 . 10 C .Y. Ballast Stone for use as directed by the Engineer E 2-36 . 4 , b , D-23 @ Eight Dollars and No Cents per C.Y . $ 8 . 00 $ 80 . 00 13 . 17 C .Y . Class B (2500#) Concrete Encasement and for use as directed by the Engineer E 2-14 . 22 , a, 4 , D-21 @ Fifty Dollars and No Cents per C.Y . $ 50 . 00 $ 850 . 00 14 . 30 C.Y. Type "A" Backfill E 2-7 . 9 , 11 @ Four Dollars & No Cents per C .Y. $ 4 . 00 $ 120 . 00 15 . 1475 C.Y. Type "B" Backfill E 2-7 . 9 , 11 (a) , D-29 Three Dollars & No Cents per C.Y. $ 3 . 00 $4425 . 00 B-9 ITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL NO . QUANTITY PRICE WRITTEN IN WORDS PRICE PRICE 16 . 5 C .Y. Class E (1500#) Concrete as directed by the Engineer E 2-14 . 22 , a, 4, D-22 @ Forty-five Dollars and No Cents per C .Y . $ 45 . 00 $ 225 . 0 17 . 75 L. F. Pavement Repair 112" H.M.A. C. on 9" Crushed Limestone E 2-13 . 6 , Fig . 202 @ Eight Dollars and No Cents per L. F. $ 8 . 00 $ 600 . 00 18 . 1 Ea. Std . 4 ' -0" Dia. Drop Manhole E 2-12 . 8 ,b @ Seven Hundred Dollars and No Cents per Ea. $ 700 .00 $,700 00 SUB-TOTAL UNIT II $ 34-, 11.4 . 74 SUB-TOTAL 'UNIT I $ 101,852 . 36 TOTAL AMOUNT BID $ 135 , 967 . 10 B-10 BLOCK 44-A, PORTIONS, OF BLOCKS 45 , 51 & &4 WESTCLIFF ADDITION PROJECT NO . 109-15000-5662 Reference Special Item D-19 Add or subtract for the following concrete fittings including installation: Angle Bells 3 1611 $ 6 . 00 0 50 16 $ 6 . 00 Bends 5001 ' to 11015 ' 16 $ 169 . 00 110161 to 220301 16 $ 169 . 00 22031 ' to 45000 ' 16 $ 216 . 00 45001 ' to 670301 16 $ 268 . 00 6703.1 ' and larger 16 $ 319 . 00 Valve Adaptors GKT x "E-. I. W/Fig . outlet & Kit (D-19) 1611 $ 273 . 00 C. I . x GKT W/Flg . Outlet & Kit (D-19) 1611 $ 273 . 00 Outlets 1" Threaded Tap W'/Insulation per D-19 1611 $ 120 . 00 1-1/2" Threaded Tap W/Insulation per D-19 16 $ 127 . 00 2" Flg . Threaded Tap W/Insulation (D-19) 16 $ 127 . 00 3" Flg . Threaded Tap W/Insulation (D-19) 16 $ 127 . 00 4" Flg . W/Insulated Kit 16 $ 69 . 00 6" Flg . 16 $ 99 - 00 8" Flg . 16" $ 139 . 00 10" Flg . 16" $ 156 . 00 12" Flg . 16" $ 178 . 00 16" Flg . 16" $ 346 . 00 Adaptors Grade GKTxGKT 16" $ 112 . 00 Closure Section 16" $ 620 . 00 Cleaning Wye GKTxGKTx 20" Flg . outlet W/150# Flg . 16" $ 1, 145 . 00 Plug Dish , GKT 16" $ 124 . 00 Night Plug , GKT 1611 $ 50 . 00 Random Pipe Lengths Initial Cost Plus Cost per Foot 1611 $ 28 . 00 + $/L.F. Bid Item No . 1., Unit I /S/ B. J . Bertram Signature of Bidder PART B - PROPOSAL (Cont. ) This proposal for furnishing and installing pretensioned concrete lined steel cylinder pipe is based on the use of pipe and fittings manufactured by: Gifford-Hill American, Inc . Name of Manufacturer P .O . Box 1571 Home Office Address of Manufacturer Grand Prairie , Texas 75050 Location of Plant in which pipe and fittings are to be manufactured. Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% — is to become the. property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certifies that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Depart- ' ment Projects with revisions through January 1, 1975, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and these specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discrimi- nated against as prohibited by the terms of City Ordinance No. 6842. The Bidder agrees to begin construction within 20 calendar days after award of the contract, and to complete the contract within 8 0 working days after beginning construction as set forth in the written work order to be furnished by the Owner. Receipt is acknowledged of the following addenda: (SEAL) If Bidder is Corporation Addendum No. 1 Addendum No. 2 Addendum No 3 Respectfully submitted, AUSTIN ROAD COMPANY By_ Vice President Title P . O . Box 2285 Fort Worth, Texa 1-1-75 Address ORDINANCE NO. 684Z AN ORDINANCE PROHIBITING 'DISCRIMINATION IN EM- PLOYMENT PRACTICES BECAUSE OF RACE, CREED, COLOR, RELIGION, NATIONAL ORIGIN (EXCEPT FOR ILLEGAL ALIENS) , SEX OR AGE, UNLESS SEX OR AGE IS A BONA FIDE OCCUPATIONAL QUALIFICATION, BY ANY EMPLOYER OR GENERAL CONTRACTOR DOING BUSI- NESS WITH THE CITY , OR ANY LABOR ORGANIZATION FURNISHING OR REFERRING EMPLOYEE APPLICANTS TO ANY EMPLOYER OR GENERAL CONTRACTOR DOING BUSINESS WITH THE CITY; PROVIDING FOR ASSUR- ANCE OF NON-DISCRIMINATION IN ALL PURCHASE ORDERS OR CONTRACTS WITH THE CITY; PROVIDING FOR THE MAINTENANCE OF THE INDEPENDENT CON- TRACTOR RELATIONSHIP BETWEEN THE CITY OF FORT WORTH AND EMPLOYERS OR GENERAL CONTRACTORS ENGAGED IN OR BIDDING ON CONTRACTS FOR PUBLIC WORK; DESIGNATING AND EMPOWERING THE CITY MAN- AGER OR HIS DESIGNATED REPRESENTATIVE TO ADMIN- ISTER THIS ORDINANCE; PROVIDING CERTAIN PRO- CEDURAL AND ENFORCEMENT PROCEDURES ; PROVIDING FOR EXCLUSIONS AS NOT BEING UNLAWFUL; PROVIDING FOR WAIVER OF THE PROVISIONS HEREOF; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES OF THE CITY OF FORT WORTH; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS : SECTION 1 . That it shall be unlawful for any employer or general contractor doing business with the City, or any agent of any such employer or general contractor, or any labor organization or employment agency that engages in referring employee ap- plicants to any such employer or general contractor to dis- criminate against any individual because of race, creed, color, religion, national origin (except for illegal aliens) , sex or age, unless sex or age is a bona fide occupational qualifica- tion of employment, in any manner involving employment, includ- -1- ing the recruitment of applicants for employment, advertising, hiring, layoff, termination of employment, promotion, demo- tion, transfer, compensation, employment classification, . training and selection for training, or any other terms, con- ditions or privileges of employment. SECTION 2. That no bid submitted to the City by an employer or general contractor shall be considered, nor shall any purchase order be issued nor contract awarded by the City to such em- ployer or general contractor unless said employer or general contractor has executed as a provision contained in such pur- chase order, contract or agreement a covenant assuring that its employees are not discriminated against as prohibited by the terms of this ordinance. That it shall be the responsibility, obligation and duty of any such employer or general contractor to ascertain and furnish covenants to the City that no labor organization, sub- contractor or employment agency either furnishing or referring employee applicants. to such employer or general contractor is discriminating against its employees, as prohibited by the terms of this ordinance. That any employer, general contractor, labor organiza- tion or employment agency subject to the provisions hereof shall post, in a conspicuous place available to all employees and applicants for employment, notices apprising employees and applicants of this ordinance. SECTION 3 . That neither this ordinance nor any section or provision -2- thereof shall be interpreted or applied so as to interfere with, impair or destroy the independent contractor relation- ship between the City of Fort Worth and any person, firm or corporation bidding on or engaged in the performance of any existing contract for public work as an independent con- tractor of the City of Fort Worth. SECTION 4. That the City Manager or his designated representative is hereby delegated the authority to administer this ordinance and is authorized to and shall investigate, upon complaint, any employer, any general contractor, any labor organization or any employment agency subject to the provisions of this or- dinance, provided there is justifiable reason to believe there is a violation of any provision hereof. That any such complaint shall be investigated as au- thorized by this section and an attempt made at resolving it. If the complaint cannot be resolved in a manner satisfactory to the City Manager, he shall refer it to the City Attorney. SECTION 50. That upon approval of the City Council, the application of the provisions of this ordinance may be- waived or suspended in cases or classes of cases where the size or nature of the purchase, contract, job or services, or other special circum- stances make compliance herewith impracticable or unnecessary. That the following are specifically excluded as not being unlawful employment practices: (a) Discrimination on the basis of religion, sex or national origin where the same is a bona fide occupational qualification.; (b) Discrimination on the basis of seniority or merit; (c) Discrimination on the basis of quantity or quality of production; (d) Discrimination on the basis of an ability test; (e) Discrimination with respect to compensa- tion based on sex, as authorized by mini- mum wage provisions ; (f) Discrimination based on preferential treatment to Indians ; (g), Absence of preferential treatment as a result of existing numbers or percentage imbalance in the races, sexes or national origins; (h) Certain discriminatory hiring practices by religious corporations, associations, educational institutions or societies; (i) Any action or measure taken with respect to an individual who is a member of the Communist Party; and (j) Discrimination with respect to illegal aliens. That it is the intention of the City Council, and the City Council finds, that the above and foregoing employment practices declared not to be unlawful under the provisions of 42 USC 2000e-2 (e) , (f) , (g) , (h) , (i) and (j) , as amended, shall not be deemed to be unlawful employment practices under the provisions hereof. That employers of fifteen (15) employees or less and purchases and contracts of less than Five Hundred Dollars ($500) are excluded from the provisions of this ordinance. SECTION 6. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses -4- and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections hereof, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7 . That this ordinance shall be and is hereby declared to be cumulative of the provisions of those prior ordinances of the City of Fort worth and amendments thereto regulating em- ployment practices, except in .those instances where the pro- visions of this ordinancb are in direct conflict with such prior ordinances, in which instances said conflicting provisions of such prior ordinances are hereby repealed. SECTION 8. That all pending litigation and existing violations, both civil and criminal, whether pending in court or not, under those prior ordinances of the City of Fort Worth and amendments thereto regulating employment practices, superseded by this ordinance, shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.,- nor shall this ordinance either add to or detract from any other civil remedy available. SECTION 9. That any person, firm, association of persons, company or corporation or their agents, servants or employees who vio- late, disobey, omit, neglect or refuse to comply with any pro- vision 'of this ordinance shall be punished by a fine of not to exceed Two Hundred Dollars ($200000) , and each day that a violation exists is hereby declared to be a distinct and separate offense and punishable as such, all as provided for in Section - 1-5 of Chapter I of the Code of the City of Fort Worth (1964) , as amended. SECTION 10� That this ordinance shall become effective and be in full force and effect from and after its passage and publica- tion as required by law, and it is so ordained. APPROVED AS TO ORM AND LEGALITY: dity Attorney ADOPTED: May Z9 EFFECTIVE: J07e 6 IV73 PART C - GENERAL CONDITIONS TABLE OF CONTENTS C 1-1 DEFINITIONS C 1-1 . 1 Definition of Terms C C 1-1 .2 Contract Documents C C 1-1 .3 Notice to Bidders C 1 C 1-1 ,4 Proposal C 1-1 (1) C 1-1 .5 Bidder C 1-1 (1) C 1-1 .6 General Conditions C 1-1 (2) C 1-1 .7 Special Conditions C 1-1 (2) C 1 -1 .8 Specifications C 1-1 (2) C 1 -1 .9 Bond C 1-1 (2) C 1 -1 . 10 Contract C 1-1 (2) C 1-1 . 11 Plans C 1-1 (2) C 1-1 . 12 City - Owner C 1-1 (2) C 1 -1 . 13 City Council C 1-1 (3) C 1-•1 . 14 Mayor C 1-1 (3) C 1-1 . 15 City Manager C 1-1 (3) C 1 -1 . 16 City Attorney C 1-1 (3) C 1-1 . 17 Director of Public Works C 1-1 (3) C 1-1 . 18 Director, City Dater Department C 1-1 (3) C 1-1 . 19 Engineer C 1-1 (3) C 1-1 .20 Contractor C 1-1 (3) C 1 -1 .21 Sureties C 1-1 (3) C 1-1 .22 The Work or Project C 1-1 (3) C 1-1 .23 Working Day C 1-1 (3) C 1-1 .24 Calendar Day C 1-1 0) C 1 -1 .25 Legal Holiday C 1-1 (3) C 11 .26 Abbreviations C 1-1 (4) C 1-1 .27 Change Order C 1-1 (4) C 1-1 .28 Paved Streets and Alleys C 1-1 (4) C 1-1 .29 Unpaved Streets and Allays C 1-1 (4) C 11 .30 City Streets C 1-1 (5) C 1-1 .31 Roadway C 1-1 (5) C 1 -1 .32 Gravel Street C 1-1 (5) C 2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C 2-2. 1 Proposal Form C 2-2 (1) C 2-2.2 Interpretation of Quantities . C 2-2 (1) C 2-2.3 Examination of Contract Documents and site C 2-2 (1) C 2-2.4 Submitting of Proposal C 2•=2 (2) C 2-2.5 Rejection of Proposals C 2-2 (2) C 202.6 Bid Security C 2-2 (2) C 2-2.7 Delivery of Proposal C 2-2 (2) C 2-2.8 Withdrawing Proposals C 2-2 (2) C 2-2.9 Telegraphic Modification of Proposals C 2-2 (3) C 2-2. 10 Public Opening of Proposal C 2-2 (3) C 2-2. 11 Irregular Proposals C 2-2 (3) C 2-2. 12 Disqualification of ®iddors C 2-2 (3) 6-1-71 (1) C 3-3 AWARD AND EXECUTION OF DOCUMENTS C 3-3.1 Consideration of Proposals C 3-3 (1) C 3-3.2 Withdrawal of Proposals C 3-3 (1 ) C 3-3.3 Award of Contract C 3-3 (1 ) C 3-3.4 Return of Proposal Securities C 3-3 (1 ) C 3-3.5 Bonds C 3-3 (1 ) C 3-3.6 Execution of Contract C 3-3 (2) C 3-3.7 Failure to Execute Contract C 3-3 (3) C 3-3.8 Beginning Work C 3-3 (3) C 3-3.9 Insurance C 3-3 (3) C 3-3.10 Contractor's Obligations C 3-3 (5) C 3-3.11 Weekly Payroll C 3-3 (5) C 3-3.12 Contractors Contract Administration C 3-3 (5) C 3-3.13 Venue C 3-3 (6) C 4-4 SCOPE OF WORK C 4-4.1 Intent of Contract Documents C 4-4 (1 ) C 4-4.2 Special Provisions C 4-4 (1 ) C 4-4.3 Increased or Decreased Quantities G 4-4 (1 ) C 4-4.4 Alteration of Contract Documents C 4-4 (1 ) C 4-4.5 Extra Work C 4-4 (2) C 4-4<6 Schedule of Operations C 4-4 (3) C 5-5 CONTROL OF WORK AND MATERIALS C 5-5.1 Authority of Engineer C 5-5 (1 ) C 5-5.2 Conformity with Plans C 5-5 (1 ) C 5-5.3 Coordination of Contract Documents C 5-5 (1 ) C 5-5.4 Cooperation of Contractor I C 5-5 (1) C 5-5.5 Emergency and/or Rectification Work C 5-5 (2) C 5-5.6 Field Office C 5-5 (2) C 5-5.7 Construction Stakes C 5-5 (2) C 5-5.8 Authority & Duties of Inspectors C 5-5 (3) C 5-5.9 Inspection C 5-5 (3) C 5-5.10 Removal of Defective & Unauthorized Work C 5-5 (3) C 5-5.11 Source of Supply and Quality of Materials C 5-5 (4) C 5-5.12 Samples & Tests of Materials C 5-5 (4) C 5-5.13 Storage of Materials C 5-5 (4) C 5-5. 14 Existing Structures C 5-5 (5) C 5-5.15 Interruption of Service C 5-5 (5) C 5-5.16 Mutual Responsibility of Contractors C 5-5 (5) C 5-5.17 Clean-Up C 5-5 (6) C 5-5.18 Final Inspection C 5-5 (6) C 6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C 6-6.1 Laws to be Observed C 6-6 (1 ) C 6-6.2 Permits and Licenses C 6-6 • (1) C 6-6.3 Patented Devices, Materials and Processes C 6-6 (1 ) C 6-6.4 Sanitary Provisions C 6-6 (1 ) C 6-6.5 Public Safety & Convenience C 6-6 (2) C 6-6.6 Privileges of Contractor in Streets, Alleys, '& R.O.W. C 6-6 (3) C 6-6.7 Railway Crossings C 6-6 (3) C 6-6.8 Barricades, Warnings & Watchmen C 6-6 (3) 1-1-75 (2) C 6-6.9 Use of Explosives, Drop Weight, etc. C 6-6 (4) . C 6-6010 Work Within Easements C 6-6 (4) C 6-6.11 Contractor's Responsibility for Damage Claims C 6-6 (5) C 6-6.12 Contractor's Claim for Damages C 6-6 (6) C 6-6.13 Adjustment of Relocation of Public Utilities, etc. C 6-6 (6) C 6-6.14' Temporary Sewer Drain Connections C 6-6 (6) C 6-6.15 Arrangement and Charges for Water Furnished by City C 6-6 (7) C 6-6.16 Use of a Section or Portion of the Work C 6-6 (7) C 6-6,17 Contractor's Responsibility for Work C 6-6 (7) C 6-6.18 No Waiver of Legal Rights C 6-6 (7) C 6-6.19 Personal Liability of Public Officials C 6-6 (8) C 6-6.20 State Sales Tax C 6-6 (8) C 7-7 PROSECUTION AND PROGRESS C 7-7.1 Subletting C 7-7. (1) C 7-7.2 Assignment of Contract C 7-7 (1) C 7-7.3 Prosecution of the Work C 7-7 (1) C 7-7.4 Limitations of Operations C 7-7 (2) C 7-7.5 Character of Workmen and Equipment C 7-7 (2) C 7-7.6 Work Schedule C 7-7 (2) C 7-7.7 Time of Commencement and Completion C 7-7 (3) C 7-7.8 Extension of Time of Completion C 7-7 (3) C 7-7.9 Failure to Complete on Time C 7-7 (4) C 7-7.10 Suspension by Court Order C 7-7 (4) C 7-7.11 Temporary Suspension C 7-7 (4) C 7-7.12 Termination of Contract Due to National Emergency C 7-7 (5) C 7-7.13 Suspension or Abandonment of the work and Annulment of Contract C 7-7 (5) C 7-7.14 Termination of Contract C 7-7 (7) C 7-7.15 Safety Methods and Practices C 7-7 (7) C 7-7.16 Safety--Relative to Overhead Power Lines C 7-7 (7) C 8-8 MEASUREMENT AND PAYMENT C 8-8.1 Measurement of Quantities C 8-8 (1) C 8-8.2 Unit Prices C 8-8 (1) C 8-8.3 Scope of Payment C 8-8 (1) C 8-8.4 Partial Estimates and Retainage C 8-8 (2) C 8-8.5 Withholding Payment C 8-8 (2) C 8-8.6 Final Acceptance C 8-8 (2) C 8-8.8 Adequacy of Design C 8-8 (3) C 8-8.9 General Guaranty C 8-8 (3) 1-1-74 (3) (19/5) CITY OF FORT WORTH WATER DEPARTMENT PART C - GENERAL CONDITIONS SECTION C 1-1 DEFINITIONS C 1-1 . 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: C 1-1 .2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items- PART A - NOTICE TO BIDDERS (Sample) PART B - PROPOSAL (Sample) PART C - GENERAL CONDITIONS PART. D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PART E ~ (APPENDIX) PART F ~ BONDS (Sample) PART G - CONTRACT (Sample) | 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) PART B - PROPOSAL /8}d\ PART C ~ GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E ~ SPECIFICATIONS PART F - BONDS PART G ~ CONTRACT .PART H - PLANS (Usually bound separately) C 1-!,J, 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. 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 6|6 security, constitutes the Proposal , which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly / opened and read and not rejected by the Owner. 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. 6-1~71 C )-) /11 C 1-1 .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 precedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Wherever there may be a conflict between the General .Conditions and Special Conditions, the -latter shall take precedence and shall govern. C 1-1 .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 pro- vide the information which the Contractor and Owner should have in. order to gain a thorough knowledge of the project. C 1-1 .8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials) construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to stand- ard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C 1-1 .9 BOND: .The bond or bo-ids are the written guarantee or security furnished by the Contractor for the prompt and faithful perf6rmance of the contract and include the following: a. Performance Bond (see paragraph C 3-3.5) b. .Payment Bond (see paragraph C 3-3-5) c. Maintenance Bond (see paragraph C 3-3.5) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C 2-2.6) C 1-1 . 10 CONTRACT: The Contract is the formal signed agreement between the -Owner and the Contractor covering the mutual understanding of the two con- tracting parties about the project to be completed under the Contract Docu- ments. C 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 draw- ings and such supplemental drawings as the owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter author- ized by the Owner. The plans are usually bound separately from other parts of the Contract Documents., but they are a part of the Contract Documents just as though they were bound therein. C 1-1 .12 CITY - OWNER: The City of Fort Worth, Texas, a municipal corporation) he Texas State Statutes., acting by and through authorized and chartered under t .., each of which Is required by charter its governing body or its City Manager to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested In the City manager. The terms city and Owner are synonymous. 6-1-71 C 1-1 (2) C 1-1.1� CITY COO-NTCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. C 1-1.14 'MPLYGR. 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. C 1-1.16 CITY AITO-IMRY: The officially appointed City Attorney of the City of Fort Worth, Te-1cas, or his duly authorized representative. C 1-1.17 DIRECTOR OF PUBLIC WORKS: The dart appointed official of the City of Fort Wofth, referred to in the Charter as the City Engineer, or his duly author- ized representative. C 1-1.18 DIRECTOR, CITY WATER DEPARTI-MN T,. The duly appointed *Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized repre- sentative, assistaint', or agents. C 1-1.19 ORGHTERER. The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, Inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C 1-1.20 CONTRACTOR: The person, 'persons, partnership, company, firm, associa- tion, or corporation, entering into a contract with the Owner for the execution of the work, actin.- directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. C 1-1.21 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. C 1-1.22 THE WORK 011 PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not lim'ited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. C 1-1.23 WGIRKIING DAY: A working day is defined as a calendar day, not including Saturdays, S-mdays, and legal. holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. , with emcceptions as permitted in paragraph C 7-7.6. C 1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. 1-1-74 C 1-1 (3) 19/6 C 1-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City •Council of the City of Fort Worth for observance by City employees. C 1-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHO - American Association of State High Officials Min. - Minimum ASCE - American Society of Civil Engineers Mono.* - Monolithic ASTM - American Society of Testing Materials % - Percentum AWWA - American Water Works Association R - Radius ASA - American Standards Association I.D. - Inside HI - Hydraulic Institute Diameter Asph. - Asphalt O.D. - Outside Ave. - Avenue Diameter Blvd. - Boulevard Elev. - Elevation CI - Cast Iron F - Fahrenheit CL - Center Line C - Centigrade GI - Galvanized Iron In. - Inch Lin. - Linear or Lineal Ft. - Foot 1b. - Pound St. - Street MR - Manhole CY - Cubic Yard Max. - Maximum Yd. -Yard MGD - Million Gallons per Day SY - Square Yard CFS - Cubic Foot per Second L.F. - Linear Foot C 1-1.27 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 parti- cular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as neces- sary furnished by the Contractor. C 1®1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having had 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. C 1-1.29 UNPAVED STREETS' OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys." C 1-1 (4) 1-1-74 18/1 C 1-1 .30 CITY STREETS: A city street is defined as that area between the right- of-way lines as the street is dedicated. C 1 -1 .31 ROADWAY: The roadway is defined as the area between parallel lines two (21) feet back of the curb lines or four (41) feet back of the average edge of pavement where no curb exists. C 1-1 .32 GRAVEL STREET: A gravel street is any unpaved 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. 6-1-71 C 1=1 (5) CITY OF FORT WORTH WATER DEPARTMENT � PART C - GENERAL CONDITIONS SECTION C 2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C 2-2. 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 genera} 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 11 "Equipment Schedule," and "Financial Statement/" all of which must be prnper| y executed and filed with the Director of the City Water Deportment one week prior to the hour for opening of bids. C 2-2.2 INTERPRETATION OF QUANTITIES: | / The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furn- ished 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 de- creased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C, 2-2.21 EXAMINATION' OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on tile 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 a written addenda and shall become e part of the Contract Documents 'just as though such addenda were actually written into the original Contract Documents. ' Bidders are required, prior t'o the filing of proposal, to read and become famil- iar with the Contract Documents, to visit the site of the pr -act and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests' boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be en- countered during the construction of the project. They must judge for them- selves the d!ff(cu}tYas 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 Ownar/ other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the 0wner. Bidders shall rely exclusively and solaY� upon their own estimates' investigation, research, tests' explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to varia- tions between conditions actually encountered in construction and as indicated in the Conti-act Documents will not be allowed. The logs of Test Holes, if any/ showing on the plans are believed to be correct: howeverx the Owner does not guarantee that the date shown is representative of conditions which actually exist. C 2-2.4 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 the work contemplated or furnish the materials required. Ali such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the Owner shall govern* If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, asso ciation, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company 'or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate sea] 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 where pertinent. C 2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids) incomplete bids, erasures, or irregularities of any kind, or contain unbalance value of any items. Proposal tendered or delivered after the official time designated for- receipt of proposal shall be returned to the Bidder unopened. C 2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal ." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. 2=2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its property Bid Security, to the City manager or his representative in the official place of business as set forth In the "Notice to Bidders." it is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mare fact that a pro- posal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project. as design- ated in the "Notice to Bidders.". The envelope shall be addressed to the City Manager, City Hall, Fort Worth., Texas.. C 2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager; cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made In writingp addressed to the City Manager, and filed with him prior to the time set for the opening of pro- posals. 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 M2b at the option of the Owner, be returned unopened. 6-1-71 C 2-2 (2) C 2-2.2 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal telegraphic communication a.t 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 con- firmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening. time. If such confirmation is not received within forty-eight (48) hours after the proposal opening tims, no further consideration will be given to the proposal . C 2-2.10 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 in the Water Department until the contract has been awarded. Bidders or their authorized representatives are Invited to be present for the opening of bids. C 2-2.11 IRREGULAR PROPOSALS: Proposals shall 'be considered as being "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 reserve's the right to waive any and all irregularities and to make the award of the contract to the best interest of the City of Fort Worth. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C 2-2. 12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reasons: a. Reason 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. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a. prior contract In an unsatisfactory manner. f. Lack of competency as revealed by the fihancial statement, experience record, equipment schedule, and such Inquiries as the Owner may see fit to make. 9. Uncompleted work which, in the judgment of this Owner, will- prevent or hinder the prompt completion of additlonal work if awarded. by 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 "All Special Instructions. 6-1-71 C 2-2 (3) 2m * A current experience record slowing especially the projects of a nature similar to the one under consideration➢ which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, disqualifies under the requirements stated herein, shall be set aside and not opened. 6®1-71 C 2-2 (4) CITY OF FORT WORTH WATER DEPARTMENT PART C - GENERAL CONDITIONS SECTION C 3-5 A14ARD AND EXECUTION OF DOCUMENTS L_3ZJ.J CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prides, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as 'may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any Jump sum items and such other quoted amounts' as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of. the contract is made by the Owner, the right will be reserved to reject any or all proposals and to 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. C 3-3.2 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five days after the date on which the proposals were opened. C 3 .3 AtARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if, an award Is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. kii- A 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 lo-w-6st bidders, will be retained by the Otinor until the re- quired 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. BONDS: With the execution and delivery of the Contract' Documents,. the Contractor shall furnish to and file with the Owner in the amounts here- in required the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond In an amount equal to not less than 100 per cent of the amount of the contract, as evidenced by the proposal tabulation or otherwise., quaranteeing the full and faithful execution of the work and 6-1-71 C 3®3 (1) - . performance of the contract, and for the protection ofthe Owner and all othe.r persons a8aYpst damage by reason of negligence of the Contractor, or improper execution of the work or the use of inferior materials. This performance bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the con- struction of the work, and shall remain in full force and effect until provysYons '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 per cent of the amount of the contract, as e i~ densed by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C 8-8,9. c. A good and sufficient payment bond in an amount equal to not less than lOO per cent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full , and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas" 1925, as amended by House Bill 344 Acts 56th Legislature, Regular 3essimn, 1959, effective April 27, 1954, and/pr the' latest version thereof, supplying labor and — materials in the h e 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, 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 whic' 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 to the Owner, the name of the surety shall be included on the current U. S. Treasury list of acceptable sureties, and the amount of the bond written by any one accept- .able company shall not exceed t'he amount shown on the Treasury list for that company. Each bond shell 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 affect and the' Contractor shall immdVately 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 qualUfUed and have been accepted by the Owner. The contract shall not be opera- tive nor will any payments be due or paid until approval of the bonds by the Owner. L_LL.6 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by ap- propr.Uatm mwsmUutYpnv or otherwise, awarded the contract, the Contractor shell execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. 6~1~71 C 3-3 /2\ No' contract shall be binding -upon the Owner until it has been attested by the City Secretary, approved as to form by the City Attorney, and executed for the Owner by either.. the Mayor or City Manager. C 3-3. 7 FAILURE TO EXECUTE CONTRACT: The failure of the AT-Yardee 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 abandon- ment of his proposal, and the Owner may annul the Award. By reason of the un- certainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages accruing to the Owner by reason of said awardee's failure to execute said bonds and contract with-in ten (10) days, the proposal security accompanying the proposal shall be the agreed amDmt of damages which Owner will suffer by reason of such failure on the part of the Av7ardee and shall. thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C 3-3.8* BEGINNING WORK: The Contractor shall not comence 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 authoriza- tion usually termed the "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C 3-309 INSURANCE: The Contractor shall not co'wence work under this contract until he has obtained all the 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-contractors, 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 Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. COMPM4SATION PNSURANCE: The Contractor shall maintain, during the life of this contract, Workmen's Compensation Insurance on all of his employees to be engaged in work on the project tmder 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 Workmen's Compensation Stiatute, 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 sMll procure and shall maintain during the life of this contract Contractor °s Com- prehensive General Liability Insurance (Public Liability and P'roperty Damage Insurance) in an amount not less than $300,000 covering each occurrence on account of bodily injury, and in an amount not less than $300,000 covering each occurrence on account of property damage. C 3-3(3) 1-1-74 C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above mentioned policies, and in the .amount as set forth for public liability and property damage, -the following insurance: 1. Contingent Liability (covers General Contractor's Liability for acts of sub-contractors) . 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adjacent to same) . 4. Damage to underground utilities. 5. Builder's risk (where above-ground structures are involved) . 6. Contractual Liability (cover all indemnification requirements of Contract) . I 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 $100,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $300,000 on account of one accident, and automobile property damage insurance in an amount not less than $50,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any .of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner. (Sample- attached.) All insurance requirements made upon the Contractor shall apply to sub-contractor should the Prime Contractor's insurance not cover the sub-contractor's work operations. C 3-3(4) 1/1/74 g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and. bonding com- panies 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, an'd each such agent shall be a duly qualified one .upon whom service of process may be had, and must have authority and power to act on behalf of .the insurance and/or bonding company to settle or negotiate with -the- City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the insurance and/or bonding company. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C 3-3.10 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C 3-3.11 WEEKLY PAYROLL: 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 iu. a conspicu- ous place at the site of the project at all times during the course of the Contra'ct. Copies of the wage rates will be furnished the Contractor by the Engineer; however, posting and protection of the wage rates shall be the respon- sibility of the Contractor. C 3-3.12 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 con- struction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other matter associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable, by the Contractor's responsible officers with the understanding that this written assign- ment of authority to a local representative shall become part of the project Con- tract as though bound directly into the project documents. The intent of these C 3-3 (5) l/l/75 requirement's 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 cov- erage. Should the Contractor's local representative fail to perform to the satis- faction of the Engineer, the Engineer may, at his sole discretion, demand that such local representative be replaced and the Engineer may, at his sole discre- tion, 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. C 3-3.13 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C 3-3 (6) l/l/75 I CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH, TEXAS , Date NAME OF PROJECT: PROJECT NUMBER: THIS IS TO CERTIFY THAT (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 accord- ance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability _Workman's Compensation _ Comprehensive General Bodily Injury: Liability Insurance Ea. Occurrence: $ (Public Liability) Property Damage: Ea. Occurrence: $ Blasting Ea. Occurrence: $ Collapse of Buildings or structures adjacent Ea. Occurrence: $ to excavations Damage to Underground Utilities Ea. Occurrence: $ Builder's Risk Bodily Injury: Comprehensive Ea. Person $ Automobile Ea. Occurrence $ Liability Property Damage: Ea. Occurrence: $ Bodily Injury: Contractural Liability Ea. Occurrence $ Property Damage: Ea. Occurrence $ Other Locations covered: Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled 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 regulations require more than five (5) days actual no- tice 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 Agent By Address Title 1/1/75 C 3-3 (7) CITY OF FORT WORTH WATER DEPARTMENT PART C - GENERAL CONDITIONS SECTION c 4-4 SCOPE OF WORK c 4-4. 1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Con- tractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely under- stood that the Contractor shall do a> ) 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' spacial services, and incidentals necessary to the prosecution and completion of the project. PROVISIONS: Should any work or conditions which are not thoroughly and satisfactor/ ly 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, then "Special Provisions// covering all such work will be prepared by the Owner prevYous' to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such '/Special Provisions" shall be considered -.'to be a part of the Contract Documents just as though they were originally written therein. c 4-4-3 .,I.NCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased, or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 per cant 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 10 be done or mate- rials to be furnished by the 35 per cent or more, then either party to the con- tract 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 per cent of the original quantity stated in the proposal ; such revised consideration to be determined by special agreement or as hereinafter provided for //Extra Work.// No allowance will be made for any changes in anticipated profits nor shall such changes be considered as 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 the overall quantities of sanitary sewer pipe in each pipe size, but not to the various depth categories. c 4-4.4 ALTERATION OF CONTRACT DOCUMENTS: 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 10 Insure compleflon in the most satis- factory manner,, provided such changes do not materially alter the or7 ^pal | Contract Documents or change the general nature of the project as a w0b/e. Such ' changes shall not be considered as waiving or invalidating any condition or pro- vision of the Contract Documents. 6~1-71 C 4-4, ()) C 4-4.5 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 Do.cuments .or approved additi.ms 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 deter- mined by one or more or a combination of the following methods; a. Unit bid price previous!y 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 •insur- ance, bonds, and social security as determined by the Owner, plus al. fixed fee to be agreed upon but not to exceed l0% of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be full and complete compensation. to cover the cost of superintendence, overhead, other profit, - general and all other expense not included in (1), (2)., (3), and (4) above° The Contractor shall keep accurate cost records on the form and in the method 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 Mork 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 fork. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep- an accurate account of the actual reasonable cost thereof as provided under method (item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. .The Contractor shall furnish the Owner such installation records of all deviations from the original, Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual instal- lation. 6-1®71 C 4-4 (2) C 4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor r shall submit to the Owner and receive the Owner's approval there- of,, 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 cor-Dosite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8111 x 1111 sheets and at least five black or blue line prints shall be furnished to the owner. 6-1-71 C 4-4 (3) CITY OF FORT WORTH WATER DEPARTMENT PART C - GENERAL CONDITIONS SECTION C CONTROL OF WORK AND MATERIALS AUTHORITY OF ENGINEER-. The work shall be performed under the direction and supervision of the-Engineer, to his satisfaction, and in strict compliance with the' Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate or progress of the work, sequence of the construction., i*nter pretation of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual right between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. He shall determine the amount and quality of the work performed 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 Engineer 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. CONFQRHITY 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 otherwise described in the Contract Documents. Such deviations from the approved Contract Documents as may be required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner in writing. C 5:JJ_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 discre- pancies,, figured dimensions sha.11 govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general canditi6ns and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal . The Contractor shall not take advantage of any apparent error or omission • in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the Intent of the Contract Documents. In the event the Contractor- discovers an apparent error or discrepancy,, he shall Immediately call this condition to the attention of the Eogineer. 5®5e4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with. three sets of the Contract Documents and 'shall have available on the site of the project at all times one set of such Contract Documents. 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. 6-1-71 C 5-5 (1) 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 Con- tractor shall .designate in writing to the Engineer the name, address, and telephone number of the project superintendent; and the Contractor shall like- wise designate in writing to the Engineer., the name, address) and telephone number of an assistant to the project superintendent, such assistant to have the same authority, in the absence of 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 su bject 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 whichthe project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. .L:kzL.5 Q4 EN ERG�l C_Y AND/OR RECTIFICATION WORK- When, in, the opinion of the 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 dis- patch to a verbal reques't made by the Engineer to alleviate the emergency condition. Such a response shall occur day or night, whether the project is scheduled on a calendar-day or on a working-day basis. Should the Contractor fail to respond' to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the re- quirements 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 that the Contractor does not take positive steps to fulf 111 this written request,, or does not show just cause for not taking the proper action, within 24 hours.' the city may take such remedial action with city forces or by contract. The City shall then deduct an amount equal to its entire costs 'for such remedial action, plus 25*16 from any funds due the Contractor on the project. C ,k FIELD - The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifical.ly called for. The field office shall be not less than 10 .by 14 feet in floor area, substan- tially constructed, well heated, ventilated, lighted, and weather-proofyso that documents will not be damaged by the elements. C 7 CONSTRUCTION STAKES: The Owner, through its engineer, will furnish the Contractor with all lines, gradesy and aipasurements necessary In the proper pro- secution and control of the work contracted for tinder 'these Contract Documents, and lines, grades, and measurenrants will be established by means of stakes or other customary method of marking as may be found consistent with good practice. 6-1-71 C 5-5 These stakes or markings, shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or. markYngs as may be established for the Contractor's use or quidance shall be preserved by the Contractor until he is authorized by the Engineer �o remove them. Whenever,, in the opinion of the Engineer., any stakes or markings h ave been carelessly or wilfully destroyed, disturbed, or removed by the Contractor or any of his emp\oyees^ the full cost of teplaclng 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- i.8 AUTHORITY AND DUTIES OF IN Inspectors will be authorized to i'-'--- all work l materials furnished. Such inspect- ion may extend to all or any par t of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. An 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 cal } 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 Inspector as to the materials or equipment furnished or the manner of performing the work, the Inspector will have authority to reject materials or equipment or suspend work until the question at issue can be referred to and be decided by the Engineer. The inspector will not, however, be authorized to revoke, alter, anlarge� or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, nor to lssua 'any instructions contrary to the requirements of the Contract Documents. He will in no case act as super- intendent or foreman or perform any other duties for the Contractor, or inter- fere 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 inspector or Engineer when the same are consistent with the obligations of the Contract Documents, pro- vided, however, should the Contractor object to any orders or instructions of the Inspector, the Contractor may within six days make written appeal to the Engineer � for his decision on the matter in controversy. � The Contractor shall furnish the Engineer with every reason�for able ascertaining whether or not the work as performed is in accord- ance with the' requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be 6|recte6. After examination, the Contractor shall restore sal6 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 the work so exposed or examined prove to be un- acceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor ' s expense. No work shall be done or materials used without suitable supervision or inspection. -5. 10 REMOVAL OF DEFECTIVE -AND UNAUTHORIZED WORK: All work, materials, or ed or removed and replaced in s '�a' maptable manner by the- Contractor at his own expense. Work done beyond C S~5 /�\ 6-l-7l `~' ` the lines and grades given or as shown on the plans' except as herei.n speci- fically provided, or any Extra Work done without written authority, will be considered a.s 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 t'he failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this para- graph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Con- tractor. C OURCE OF SUPPLY AND ��TY�QF MATERIALS: The materials shall be of the bast quality l5rocurable, as required by the Contract Documents and all amendments and revisions thereof. The Contractor shall not commence del /very of any materials until the Engineer has approved the source of supply. Only materials and equipment conforming to these Contract Documents shall be used in the work, such materials or equipment shall be used only after written approval has been given by the Engineer and only so long as the quality of said materials remains equal to the requirements of the Contract' Documents. The Contractmr shall furnish approved material from other sources if for any reason the product from any source at any time before commencement or during the pro- secution of the work proves to be unacceptable. After approval/ any mat-erials which have become mixed with or coated with dirt or any other foreign substance or otherwise damaged during the delivery and handling will not be permitted to he used in the work. 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 otherwise specifically provided. The failure of the owner to make any tests of materials shall in noway relieve the Contractor of his resppnsYb7lltity 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 Engi�oer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete, the aggregates, design minimum,' and the mixing and trans- porting equipment shall be approved by the Engineer before any concrete is placed, and the Contractor shall be responsible for placing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same- aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials. ,LJ75.,13 STORAGE OF MATERIALS: All materials which are to be used in the construct- ion operation shall be stored so as to insure the preservation of their quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces an6 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. /�\ 6~1-71 C 5~5 . �, The plans shcwv the location of all known surface =q STRUCTURES: and sub-surface structures. Mowsver^ the location of many gas ma/ns, water mains, ' conduits, sewer lines, att./ 7s unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures on the plans or to shown them in their exact location. It is mutually agreed that such fa7Tmre will not be considered sufficient basis for claims for additional compensation for Extra Wmrk. pr for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents� in which case the provision in these Contract Documents for Extra Work shall apply. C - . 15 INTERRUPTION OF SERVICE: a. 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: I . Notify the Water Department 's Distribution Division as to location, time` and schedule of service interrupt /nn. � | 2. Notify each customer personally through responsible personnel as to ti-me and schedule of the. interruption of their service, or 3. In the event that personal notification of a customer cannot be made, e prepared tag form shall be attached to. the customers/ entrance door knob. The tag shall be durable in composition, and in large bold typo shall say: . "NOT ICE Due to Utility Improvements in our nei-ghborhood, your (water) (sewer) service will be inter- rupted on between the hours of d an This -inconvenience will be as short as possible. Thank you' ' Contractor Address Phone b. In the event that an unforeseen service interruption occurs, notice shall be as above,, but immediate. UTUAL RESPONSIBILITY OF CONTRACTORS: | f, through acts or neglect on the part. pf the Contractor, any other Contractor or any sub-contractor shall suffer loss or damage on the worh, the Contractor agrees to settle with such other Contractor or sub-contractor by agreement or arbitration. if such other Contractor or sub-contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. 6-1-71 C 5~5 (5) C 5°5.17 CLEAN-UP: Cleanup 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 satis- faction of the Engineer. Twenty-four hours after written notice is given to the Contractor that the clean-up on 'the job site is proceeding in a manner unsatis- factory to the Engineer, . if the Contractor fails to .correct the unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25% of such costs, shall be deducted from monies due or to become due to the Contractor Upon the completion of the project as a whole as covered by these Contract' Documents, and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. No extra compensation wily be made to the Contractor for any clean-up required on the project. c5=5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final. cleanup performed, the Engineer in charge of the work will notify the proper officials of the Owner and request that the Final Inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and all materials and equipment are found to be 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. 6®1-71 C 5®5 (6) ' CITY OF FORT WORTH WATER DEPARTMENT PART C - GENERAL CONDITIONS SECTION c 6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C 6-6. 1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all ral end State Laws and City ordinances and regulations which in anyway 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 'urisduction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all of its officers, agents, and employees against any and a} | claims or liability ari.sing from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C 6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fwms^ and give all notices necessary and incident to the due and lawful prosecution of the work" if the Contractor is required or desires to use any design, dav;cew material) or process cowered 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 mwtelly agreed and understood that without exception the contract prices shall Include all royalties or cost arising from pate'nts' trade-ma.rhs, and copyrights | in any way involved in the work. The Contractor and his sureties shall indem- nify and save harmless the Owner from any and all claims for infringement by reason of the use of any such patantod design, dewYcefi mtterYal, or prmcess» or oMy teade-ftiark oe (topyrlght In r�onnaetioM with tho wo�k tgeral�d t6 be porfornidd 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 infringe- ment at any time during the prosedutYon of the work or after completion of the work, prnvldedv however, thet the Owner wI \ l assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be in- feYnged upon by the design, type of construction or material or equipment speci- fied in the Contract Documents furnished the Conteactor by the Ownar, and to hold the Contractor harmless on account of such suits. c 6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce 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 con- tagious diseases and to effectively prevent the creation of a nuisance about the work on any property re- quired by Engineer shal l be put into |mmt. iete force and effect by the Con- tractor. The necessary sanitary conveniences for use of laborers on the work,, properly secluded from public observatimnp shall be constructed and maintained by the Contractor in such a manner add at such point as will be approved by the Engineer) and their use shall be strictly enforced by the Contractor. All such fedilItlas sha1l be kept In a clean and t661-tary cmhd|t |nn^ free from objectionable odors so as not to cause a nuisance, All sanitary iaws and regulations of the State ofTexas and the City shal ) be strictly compi led with. 6~l-7l c 6~6 /l\ c 6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used^ and the work shell at all times be so conducted, as to cause no greater obstruct /on or inconvenience to the public than is considered to be absolutely ne'cossary by tha. Engineer. The Contractor 7s 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 prope�n�ty.'contl8uous to the work area. The Contractor shall make adequate provisions to��efAor reasonable ingress and egress for normal ve- hicular traffic., except during actual trenching or pipe installation operations, at all driveway crossings. '-Such provisions may include bridging, placement of crushed stone or gravel, or such other moans of pr.mvidlng proper ingress and egress for the property served by-the driveway as the Engineer may approve as appropriate. Suc� other means may 'inu]ude- the d/versi-oln of driveway traffic, with specific approval by the Engineer, `lf'A:iversionof traffic is approved by the Engineer at any loca- tion, the Comt,ractor: shaktmaka arrangements satisfactory to the Engineer for the / diversion of t-paffi"c// and '�ha}�'�, at his own expense, provide all maieria7s and perform all work necessary for the construction and maintenance of roadways and bridges for sukh-dJmapsibh -Of` trafflc. Sidewalks must not be obstrujrted except by special. pe0mYss1on'­bf/;the Engineer. ' The materials excavated and the construction materials such as pipe used in the construction of the work shall be'pl'*ced so as not to endanger the work or prevent free access to all fire hydrants, :fir' alarm boxes^ police ca} ) boxes, water valves, gas valves, or imahhoMb'. 1n -the' vicinity. The Owner reserves the right to remedy any neglect lzh t-ho"paet' of the Contractor as regards to publ |c convenience and ' safety which - -'cohb- to "its attention, after twenty-four hours notice in writing to the Contractor:, save' lh cdses of emergency when it shall have the right to remedy any neglect kithbut notice, and in either case, the cost of such work done or materials furnished by- the Owner shall be deducted for monies due or to become due to the -Contractor. ' ' ` The Contractor, after apprbval of the Engineer, shall notify the Fire Department Headquarters, Traffic 'Engineer/ and Police Department, when any street or alley is closed or obstructed or any f7re' hydrant is made inaccessible, and when so directed by the En-glneec,` shal \ keep any street, streets, or highways in condition for unobstructed use bxfire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed bdck-�n 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 the use of construction machinery so as not to damage or destroy trees and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done,- the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shell file with the Engineer a written statement showing all such claims adjusted. ' 6-1-71 C 6-6 (2) C 6-6.6 PRIVILEGES OF CONTRACTOR IN STREETL 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 6f .tool,s, materials, and equipment for construct- ion purposes may be stored in such space, but not more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or stacked in such a way as not to interfere with the use. of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railway tracks, the work shall be carried on in such a manner as not to interfere with the oper- ation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, forali purposes required by this 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. C 6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the Owner will secure the Necessary easement for the work. Where the railway trac.ks are to be crossed, the Contractor shall observe all the regulations and Instructions of the railway company as to the methods of per- forming the work and take all precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the Owner. The Contractor shall give the Owner 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 or additional compensation for such railway crossings unless specifically set forth In the Contract Documents. C 6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on In or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, .and maintain such barricades, fences, lights, and danger signals, shall provide such watchmen, and shall take all such other precautionary maasu�es for the protection of persons or property and of the work as are -neces- sary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barr-Icades 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. The Contractor will be held responsible for all damage to the tiork or the public due to failure of barricade's, signs, fences, lights, or watchmean to protect them. Whenever evidence is found of such damage to the work, the Engineer may order the damaged portion Immadlately removed and replaced by the Contractor at the Con- tractorDs own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchman shall not cease until, the project shall have been completed and accepted by the Owner. 601-71 C 6-6 (3) 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 for salaries of watchmen, for the subsequent. removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and con- venience 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. C 6-6.9 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 Con- tractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than eight 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 blasting is to be permitted on the project, as specified in the Special Con- tract Documents, the Contractor shall submit his blasting procedures to the Engi- neer in writing prior to commencing and shall furnish evidence that his insurance carrier does not object to these blasting procedures. All claims shall be investigated and a written report made by the insurers to the Engineer within ten (10) days after receipt of written notice to the Contractor of the claim, by either the City or the claimant. If claimant gives verbal notice he shall be requested to verify the claim in writing. In any case, however, the City shall proceed to give both verbal and written notice to the Contractor. Blasting may be suspended by the Engineer if a substantial number of complaints are received and blasting shall not be resumed until the cause of the complaints has been eliminated. Whenever explosives are stored or kept, they shall be stored in a safe and secure manner and all storage places shall be plainly marked "DANGEROUS EXPLOSIVES" and shall be under the care of a competent watchman at all times. All -vehicles in which ' explosives are being transported 'shall be plainly marked as mentioned above and shall, insofar as possible, not use heavy traffic routes. C 6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into pri- vate property, the Owner will provide such right-of-way or easement privileges as the City may deem necessary for the prosecution of the work. Any additional rights- of-way or work area considered necessary by the Contractor shall be provided by him at his own 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 equip- ment or material on private property unless and until the specific 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 pos- sible proper prosecution of the work as a part of the project construction opera- tions. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property along or adjacent to the work. The Contractor shall notify the proper representatives of Owners or occupants of 1/1/75 C 6-6 (4) public or private lands or interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any cor- poration, 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 respon- sible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method of execution of the work, or at any time due to defective work, material, or equipment, and said responsi- bility shall not be released until after the work shall have been completed by the Contractor and accepted by the Owner. When and where any direct or indirect damage or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof on the part of the Con- tractor, he shall retore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. In case of failure on the part of the Contractor to restore such property or make good such damage or injury, the Engineer may, upon 48 hours 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 to be necessary, and the cost thereby will be deducted from any monies due or to become due to the Contractor under this Contract. C 6-6.11 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to indemnify, hold harmless and defend City, its officers, agents, servants or employees, from and against any and all claims for damages or injuries, includ- ing death, to persons or property, of whatsoever kind or character, whether real or asserted, arising out of or incident to the services relating to the project to be performed by said Contractor, its officers, agents, servants or employees, under the terms and conditions of this 'Contract, whether or not caused by negligence on the part of the City, its officers, agents, servants or employees; and said Con- tractor does hereby covenant and agree to assume all liability and responsibility of City for injuries, claims or suits for damages to persons or property, of what- soever kind or character, occurring during the term of this agreement and arising out of or by reason of services, covenants or agreements performed by said Contrac- tor, its officers, agents, servants or employees. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless City from and against any and all injuries or damages to property of City during the performance of any of the terms and conditions of this Contract, whether arising out of or in connec- tion with or resulting from any and all acts or omissions of the City, its offi- cers, agents, servants or employees, or caused by negligence on the part of City, its officers, agents, servants or employees. In the event a written claim for damages against the Contractor 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 by the Director of the Water Department for a perio& of 30 days after the date of such final inspection, unless the Con- tractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. Although the claim concerned remains unsettled at the expiration of the above 30- day period, the Contractor may be deemed to be entitled to a semi-final payment 1/1/75 C 6-6 (5) for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: (1) The claim has been settled and a release has been obtained from the claimant involved, or j (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 months 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 months period, the Director may recommend that the final payment to the Contractor be made. At the expiration of the six months 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. C 6-6.12 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensa- tion for- any alleged damage by reason of the acts or omissions of the Owner, he shall within three days after the actual sustaining of such alleged damage, make a written statement to the Engineer, setting out in detail the nature of the alleged damage, and on or before the 25th- day of the month succeeding that in which any such damage is- claimed to have been sustained, the Contractor shall file with the Engineer an itemized statement of the details and 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 here- inabove required, the Contractor's claim for compensation shall be waived, and he shall not be entitled to payment on account of such damages. C 6-6.13 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC. : In case it is neces- sary 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 there- upon 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 their property that may be necessary by the performance of this contract. C 6-6.14 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, pro- vide 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 diversions. 1/1/75 C 6-6 (6) 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 per- manent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C 6-6.15 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Con- tractor desires to use City water in connection with any construction work,' he shall make complete and satisfactory arrangements with the Fort Worth City Water Depart- ment 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 hydrants and/or valves is detailed in Section E 2-1.2 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 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 ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth City Water Department. C 6-6.16 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 condi- tion, it may be put into use upon the written order 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 to deficient operations on the part of the Contractor, shall be performed by the Contractor at his own expense. C 6-6.17 CONTRACTOR'S RESPONSIBILITY FOR THE WORM.: Until written acceptance by the Owner as. provided for in these Contract Documents, the work shall be under the charge and carp 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. C 6-6.18 NO WAIVER Or LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner for payment of money or any payment for or acceptance of any work, or any ex- tension 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 of 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. C 6-6(7) 1/1/74 C 6®6019 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provision of these Contract Documents or in exercising any power of authority granted thereunder, -ther� shall be no liability upon the authorized representatives of the Owner, either personally .or otherwise as they are agents and representatives of the City. C 6®6020 STATE SALES TAX: On a contract awarded by the City of Fort Worth an organization which qualified for exemption pursuant to the provisions of Article 20.64 (F) of the Texas Limited Sales, Excise, and Use Tax ,Act, the Contractor may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptro' ller's ruling 495-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95-0.09 as amended to be effective October 2, 1968. i On a contract awarded by a developer for the construction of a publicly-owed 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 qualified for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted .in the same manner stated above. Limited Sales, Excise and Use Tax permits can be obtained from: Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, Texas C 6-6(8) 1/1/74 - CITY OF FORT WORTH WATER DEPARTMENT PART C - GENERAL CONDITIONS SECTION C 7-7 PROSECUTION AND PROGRESS C 7-7.1 SUBLETTING: No portion of the work covered by these Contract Documents, except contracts for purchase and delivery of materials, shall be sublet without written permission of the Owner. The Contractor shall perform with his own organ- ization, and with the assistance of workmen under his immediate superintendance, work of a value of not less than fifty (50%) percent of the value embraced in 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 re- sponsibility and obligation assumed under these Contract Documents. All trans- actions of the Engineer will be with the Contractor. Subcontractors will be con- sidered only in the capacity of employees or workmen of the Contractor and shall be subject to the 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. C 7-7.2 ASSIGNMENT OF CONTRACT.* The Contractor shall not assign, transfer, sublet, convey, 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 of 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 state, attempt to dispose of the contract or make default in or abandon said contract, then 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 annullment, 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. C 7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction operation the Contractor shall submit to the Engineer in five or more copies, if requested by the Engineer, a progress schedule preferably in chart or diagram form, or a brief outlining in detail and step by step the manner of prosecuting the work and ordering materials and equipment which he expects to follow in order to complete the project in the scheduled time. There shall also 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 neces- sary to insure its completion within the time limit. The sequence of all construction operations shall be at all times as specified in the Special Contract Documents or approved by the Engineer. Such specifica- 1/1/75 C 7-7 (1) tion or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete .performance by the Contract. Should the prosecu- tion of the work be discontinued bythe Contractor, he shall notify the Engineer at least 24 *hours in advance of resuming operations. C LIMITATIONS 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 the 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 comma¢iced on any additional section or street. C 7-7> CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor if available. The Contractor may bring in 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 or 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 Engineer, shall misconduct himself or be found to be in- competent, disrespectful , intemperate, dishonest, or otherwise,objectionable or neglectful in the proper performance of his or their duties, or who neglects or refuses to comply with or carry out the directions of the Engineer, 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 per- form the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and ,efficient working condition. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use. C 7-7.6 WORK SCEHDgLE: Elapsed working days shall be computed starting with the first day of work completed as defined in C 1-1,.23 "Working Day" or the date stipulated in the "Work Order" for beginning work, whichever comes first. Work shall be performed only during the regular and accepted working hours usually considered to 'be between sunrise and sunset. No work shalt be per- formed during nights, Sundays or regular holidays unless special permission Is given by the Engineer. Any such permission shall not obligate the Owner to make additional or extra payment to the Contractor on account of such work. Further, should the successful bidder desire to work a regular construction schedule on bid item work in excess of nine and one-half ()2) hours per day, Monday through Friday, it shall be required that he submit a work schedule to the Engineer for approval prior to initiating work on the project. Special authority shall be obtained to work on Saturday, Sunday and holidays. Approval 6-1-71 C 7-7 (2) to work on Saturday Sunday or holidays shall be obtained informally through the ^ -� pr act inspector with a request by Thursday preceding the weekend, if possible. On Calendar Day projects, the Contractor shall be permitted to work as he so des�' res, This approved work schedule shall not be changed by the Contractor without 'written approval by*the Engineer. A '/Work Day'/ for purposes of keu7 :' � contract time has previously been definod in Paragraph C 1-1 .23. However, not) in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays or legal holidays if he so. desires and providing that the r'-uYr` nts as set forth- in this paragraph as to scheduling are fully met. requirements''-u. d �. / Contractor choose to work on Saturdays, Sundays or legal holidays, Should ��- one day will be charged as contract wor king t //"' w h�` ` weather or other working conditions permit seven /7\ hours work as delineated in Paragraph C 1~1 ,23. C 7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working in the r�ntract Documents and set ' - forth �n operations he Work Order. Failure to do so shall be considered by the Owner as abandonment of the- Contract by the Contractor .n d the may proceed as he sees fit.-. The Contractor shall maintain a rate of progres'^ 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 by the Owner. C 7-7.8 EXTENSION OF TIME OF COMPLETION: The Contractor's request for an ex- tension only when the request for such so- is submitted in ln wrltYng to the Engineer within seven days from and � after----'-Lhe time alleged cause of delay shall have occurred' The Engineer shall | notify Contractor within seven days after receiving the request for extension of y' probable recommendation to the C\� Council ` Should an extension of the t� the completion be required, the request wi | l be forwarded with the final job estimate for approval by the City Council . in adjusting the contract time for completion of work, consideration will be given to unforsoea6le causes beyond the control of and wi'thout the fault or negligence of the Contractor" including but not limited to acts of the public enemy* acts of the Owner, fire, flood, tornadoes, epidemics, quarantine re- strictions, strikes, freight embgrgoes, or delays of sub-contractors due to such causes. When the date of completion is based on a calendar day bid, a request for exten- sion of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials wY } l -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 bonafYde attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. if satisfactory execution and completion of the contract should require work and materials in greater amountsor quantities than those set forth in the Contract , /�\ 6-1-71 C 7~7 ` ' � Documents, then the contract time shall automatically be increased in the same proportions as the cost of the additional work bears to the cost of the original work contracted for.' No allowance will be made for delays or suspension of the prosecution of the work due to the fault of the Contractor. FAILURE TO COMPLETE ON TIME: 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 o f working days or calendar days that he will require to fully complete this contract. The number of days in- dicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder 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 the increased, time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed, the sum per da y 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 LIQUIDATED AMOUNT OF CONTRACT DAMAGES PER DAY Less than $ 5,000 $ 25-00 $ 5,001 to $ 15,000 inclusive $ 35-00 $ 15,001 to $ 25,000 $ 42.00 $ 25,001 to $ 50,000 11 $ 70-00 $ 50,001: to $ 100,000 $105-00 $ 100,001 to $ 500,000 $14o.00 $ 500,001 to $1 ,000,000 $210.00 $1 ,000,001 to $2,000,000 $280.00 $2,000,001 and over $420.00 C 77.10 SUSPENSION BY COURT ORDER: The Contractor shall suspend oper'ations 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 event 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. C .11 TEMPORARY SUSPENSION: The Engineer shall have the authority to sus- Pend 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 unfavor- able condition's which in the opinion of the Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the Interest of the project. During temporary suspension of work covered by this contract, for any reason, the City 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 Con- tractor 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. 6-1071 C 7-7•,(4) 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 Con- tractor as ' set forth in Paragraph C 7~7.0 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the [ontraotor and the , Engineer that a solution to allow construction to proceed is not available within e reasonable period of time* then the Ci:)ntract.`r may be reimbursed for the cost- of moving his equipment off the job and returning the necessary elu|p- mon± to the job when it is determined by the Engineer t'hat construction ma� 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 i, moved to another con- struction project for the City of Fort Worth, The Contractor shall not suspend work without written authority from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. l Whenever, �­cause of National Emergency, so declared by the President of the United States o ' other lawful authority, it become 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 6f the Contractor to proceed 7s not attributable in whole or in part to the fault or neglect of the Contractor, then if the Owner cannot aftar .reasonable effort assist the Contractor in procuring and making available the necessary labor, materials and equipment within thirty days, the Contractor may request the Owner to terminate the contract and the Owner shall within thirty days comply with the request , and the termination shall be based on a final sett|e�ent mutually acceptable to both the Owner and the Contractor and final payment shell 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 and any, loss sustained upon any plant or materials and reasonable profit thereon, but not anticipated profits on work which has not been performed. C Z-Z-13 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF 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 City Council or the Contract may be declared cancelled by the City Council for any good and sufficient cause. The following may be considered groun6s for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work- Order issued by the Owner. b. Sustant;al evidence that progress of the work operations by Contractor is insufficient to complete the work within the specified time. c. Failure of the Contractor to provide and maintain sufficient labor and � equipment to properly execute the working operations. � 6~1~71 C 7-7 (S) do Substantial evidence that the Contractor has abandoned the work. ee Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work unsatisfactorily. fa- Deliberate failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any order given by the Engineer or Owner as provided for in these Contract Documents. ga Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the cor- rection of which has been directed in writing by the Engineer or Owner° ho 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 unauthorm ized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose° ja if the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. 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 cancelled, 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 the 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 his default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the , terms of the Contract Documents. 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 part thereof as it, may deem necessary, and the Contractor hereto agrees that the Owner shall have the right to take possession of, and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the purpose of carrying on the work and to procure other tools, equipment 6-1-71 C 7°7 (6) materials, labor and property for the completion of the work, and to change to the account of the Contractor of said contract expense for labor, mater- ials, 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 of completing the contract, but the expense to be deducted shall be the actual cost of such work. In case such expense is less than the sum which would have been payable under the con- tract if the same had been completed by the Contractor, then, in such case, the City may pay to the Contractor the difference in the cost, provided that the Contractor shall not be entitled to any claim for damages or for loss of anticipated profits. In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the Contractor, 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 pert 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 in no wise hinder or interfere with performance of work- man employed as above provided by the Owner. C 7-7.14 TERMINATION 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 Omer. C 7-7.15 SAFETY METHODS AND PRACTICES: The Contractor shall maintain a program of safety methods and practices at all times. He shall outline his program to the Owner and shall assume all responsibilities for its enforcement. C 7-7.16 SAFETY RESTRICTIONS RELATIVE T0. HIGH VOLTAGE OVERHEAD LINES: In conformity with the requirements of House Bill HG 453 of the State of Texas enacted by the 62nd Legislature and made effective as law March 30, 1971, the Contractor shall not operate vehicles such as cranes , derricks, power shovels, drilling rigs, pile drivers, boring rigs, blasting machines, etc. (backhoes or dippers excluded) , closer than ten feet from any high voltage overhead electrical lines without having an insulated cage type guard about the boom or arm, and insulator links on the lift hook connections. Each vehicle in the categories specified above shall be provided with warning signs not less than five inches (510) by seven inches (7") painted yellow with black letters that are legible at twelve feet (12') . The warning sign shall read as follows: PWARNING -- UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF OVERHEAD HIGH VOLTAGE LINES." At least two warning signs shall be placed on each vehicle, one inside in full view of the operator and one outside in full view of the operator's assistant. 1S/2 1-1-74 C7-7(7) When necessary to work within six feet (61) of high voltage electrical power -lines, the Contractor shall notify the power company (Texas Electric Company) who will erect temporary mechanical barriers, de-energize the power line or raise or lower the lime. The Contractor shall maintain close liaison with the Engineer on all requests made of TESCO for providing protection or relief from high voltage electric lines. The Engineer will maintain an accurate log of key events associated with the Contractor's request(s) for service and the actions taken by the power Company. Work done by the power company to provide protection or relief from high voltage electrical power lines or devices shall not be made at the expense of the City of Fort Worth; thus, the Contractor shall be required to make his own arrangements with TESCO, and any resulting service charges shall be at his sole cost and expense. I 1-1-74 18/3 C7-7(8) CITY OF FORT WORTH WATER DEPARTMENT PART C - GENERAL CONDITIONS SECTION C 8=8 MEASUREMENT AND PAYMENT C 8®8.1 MEASUREMENT OF oUANTITIES: The determination of quantities of work perfromed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents, or as directed by the Engineer in writing, 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 items installed. C 8®8.2 UNIT PRICES: When in the Proposal a "Unit Price" is set forth, the said "Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a first-class, workmanlike manner and acceptable conditions of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of over- head, surface, and underground structures, clean up, finished, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other causes, 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. C 8=8.3 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensa- tion, 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 unforseen defects or obstructions 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 C 5m5-Wfor all risks of whatever description connected with the prosecution of the work, for al.] expense incurred by or in consequence of suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copy- rights, or other legal reservations, and for completing the work in an accept- able manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to final acceptance of the work by the Owner shall in no way constitute an acknowledgment' of the acceptance of the work, materials, or equipment, not 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, imperfection, or damage shall have been discovered on or before the final inspection and acceptance of work or duriing 'the one year guaranty period after 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, 6-1-71 C 8-8 (1) C 84.4 PARTIAL ESTIMATES AND RETAiNAGE: Between the 1st and 5th day of each month the Contractor shall submit to the Engineer a statement showing an estimate of the •value of the work done during the previous month under the Contract Documents. Not later than the 10th day of the month the Engineer shall verify such estimate, and if it is found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars in amount, 90% of such estimated sum will be paid to the.Contractor on or before the 15th day of the month in which the Engineer approves the estimate. The City will have the option .of preparing estimates on- forms furnished by the City. The partial estimate may include acceptable non=perishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the time of the estimate have not been installed; such payment will be allowed on a basis of 85% of the net invoice value thereof. The Contractor shall furnish the Engineer such information as he may request to aid him as a guide in the verification or the preparation of partial estimates. It is understood that the partial estimates from month to month will be approxi- mate only, and all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate, and such estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of suffi- ciency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. Retainage on all partial construction pay estimates shall be ten (10) per cent of the amount due for work performed. C 8-8.5 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held In abeyance if the performance of the construction operations is not in accord- ance with the requirements of the Contract Documents. C 8-8e6 FINAL ACCEPTANCE: Whenever the improvements provided for-by the Con- tract 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 the final inspection. The Engineer or other appropriate official of the Clavier will within a reasonable time make such final inspection, and if the work is satis- factory, 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 therefor as outlined In C 8=8.7 below. If the Engineer finds that the work has not been completed as mentioned above he shall so advise the Contractor in writing, furnishing him an itemized list of all known items which are not in an acceptable condition. When the Contractor has corrected all such items he shall again notify the Engineer that the project is again ready for final inspection, and the Engineer shall proceed as outlined above. C 8®8a7 FINAL PAYMENT: Whenever all of the Improvements provided for by the Contract Documents and all . 6pproved modifications thereof shall have been com- ', plated 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, compu- tations, and checks can be made. 6=i=71 C 8m8 (2) 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 e the Contract Documents, will been deducted o' retained under the provisions of d f final acceptance by the Owner on be paid to the .Contractor within �O days after the Contractor has furnished a proper resolution of the City Council , provided e on to the Owner satisfactory evidence of payment as follows: Prior to submission of the final estimate for payment, the Contractor shall execute an affidavit, as furnished by the CYty, certifying that all persons" firms, associations, corpora- tions, or other organizations furnishing labor and/or materials have been paid in full , that the wag- scale established by the City Council in the City of Fort di f ' ' Worth has been paid, and that there are no claims pending or personal injury and/or property damages. The acceptance by the Con tra—ctor 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 Con7 tract Documents or any act or neglect of said City relating to or connected with the Contract. 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 specifi- cally continue thereafter. ! c 8-8.8 ADEQUACY OF DESIGN: it is understood that the Owner believes it has =n and designers �o prepare the Contract Documents and /+'^"x=" competent all modifications of the. approved Contract D ocumen t s. 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 thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Con- tractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. c 8-8.9 GENERAL GUARANTY: Neither the final certificate of payment nor any Documents nor partial p'°"'="""' in ^''~ ~-^-' --- - or entire occupancy of the� premises by the Owner shall constitute an acceptance o f work not done in accord- ance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. he Contractor shall remedy any defects in the work and pay for any damage ^o other work resulting therefrom which shall appear withln a period ^f the date of �lnal acceptance of the work unless a longer period �f one year from e a 8s specified and shall furnish a good and sufficient maintenance bond in the shall h shall assure the amount o� lO� per cont of the amount of the contract c s a �ss ^ performance of the general guaranty as above outlined. The Owner will give nmtVoa of observed defects with reasonable promptness. ^ /v� 8~1-71 C 8-8 ,~' � PART D - SPECIAL CONDITIONS D-1 GMERAL: Subject to modifications as herein contained, the Fort Worth Water Department's General Contract Documents and General Specifications, with re- visions through January 1, 1975, are made a part of the Contract Documents for this project. The Plans, these Special Contract Documents, and the rules, regu- lations, requirements, instructions, drawings or details referred to by manufac- turer's name, number or identification included therein as specifying, referring or implying product control-, performance, quality, or other shall be binding upon the Contractor. The specifications and drawings shall be considered cooper- ative; therefore, work or materiaf- called for by one and not shown or mentioned in the other shall be accomplished or furnished in as faithful a manner as though required by all. The order of precedence in case of conflicts or discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines. listed below: 1. Plans 2. Special Contract Documents 3. General Contract Documents and General Specifications The following Special Conditions shall be applicable to this project and shall govern over any conflicts with the General Contract Documents under the provisions stated above. D-2 PROJECT DESIGNATION: Construction under these Special Documents shall be performed under the Fort Worth Water Department,Project Designations: Water Project Number 109-15000-5662 Sewer Project Number 106-13000-6932 and/or Other D-3 EQUAL aTLOYMENT PROVISIONS: The work on the project shall be performed under the Equal. Employment Provisions of the City of Fort Worth, Ordinance Num- ber 6842, and the Contractor shall post the required notice to that effect on the project site. The Contractor, 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 no- tices may be acquired from the Equal Employment Officer. D-4 WAGE RATES.: The labor classifications and minimum wage rates set forth herein and following on Page D-2 have been pre-determined by the City Council of the City of Fort Worth, Texas, in accordance with statutory requirements, as being the pre- vailing classifications and rates that shall govern on all work performed by the Contractor or any sub-contractor on the site of the project covered by these Con- tract Documents. In no event shall less than the following rates of wages be paid. Jan. 1, 1975 D-1 CITY OF FORT WORTH, TETAS Prevailing Wage RaL,2s For STRZETS, DRAINAGE AND UTILITY CONSTRUCTION November 25, 1975 Eaurly Hourly Rate classif ication Rata 3.00 Front End Lander (2-1/2 CY & Less) 3. 50 Air A a s n!RaQn.er k 3.65 Front End Loader (Over 2-1/2 CY) 4.00 phalt AsphaQ Shovpler 2. 75 Motor Grader Operator. Fine Grade 4.00 3.25 Motor Grader Operator 3. 85 Batching PIPM Scaleman Roller, Steel iW11rheel (Plant-Mix Batterhoard Setter 3.25 3. 65 4. 25 pa-vements) carpenter! Rough 3. 15 Roller, Steel Wheel (Other- CarpenLcr Helper, Rough x'7. or Tamping) 3. 50 Corcrote Finisher (Paving), 4.00 Concrete Finisher Helper (Paving) 3.00 Roller, Pneumatic Self-Propelled 3.00 Concrete Finisher (Structures) 4.00 Scrapers (17 Q or Less) 3.50 Scrapers (Over 17 CY) 4.00 o Concrt, Finishor Helper (Structures) 3.00 3.45 Form Knildpr (Structures) 3.85 Side Boom Form Builder Helper (Structures) 3.00 Tractor (Crawler) 1-50 fTP & Less 3.25 Form Liner. (Paving and Curb) 3.85 Tractor (Crawler) Over. 150 HP 4.00 Form Setter (Paving and Curb) 4.00 Tractor (Pneumatic) Over 80 HP 3. 60 Form Setter Helper (Paving and Curb) 3.00 3.50 Form Setter (Structures) 4.00 Trenching Machine, Light Form Setter Helper (Structures) 3.25 Wagon-Drill or Boring Machine or Laborer, Common 2.50 Post Hole Driller Operator 3. 50 Laborer, Utility Man 2. 75 Reinforcing Steel Setter (Paving) 3.00 Mechanic 4.00 Reinforcing Steel Setter (Struc- Mechanic 11elper. 2. 75 tures) 4,15 Oiler 3.50 Reinforcing Steel Setter Helper 3.00 Serviceman 3.25 Steel Worker (Structural) 4,00 Pipe Layer 3.65 Steel Worker Helper (Structural) 3.50 Pipe Layer. Helper 3.00 pow E;_EQIPMBNT OPERATIOURRS TRUCK DRIVERS Asphalt uisrributor 3. 75 Single Axle, Light 2. 75 Asphalt Paving Machint- 3.75 Single Axle, Heavy 2.75 i_`.0 ID, & Less 3.55 Tandem Axle or Semi-Trailer 3.00 Bulloazer, nver 150 HP 3.95 Vibrator Man (Band Type) 2. 75 C,,,p,to paving Curing Machine 3. 75 Welder 4.25 C,vrr,jy pavi"g Finishing Machine 3.75 con crove phVing 3.50 Cr;. ny , cinmnhelf , Backhoe, Derrick arminsa, nhovel (Jess than 1-1/2 CY) 3.85 Crunc, c ,minQ!, Backhoe, Derrick PUZV400, Shovel (1-1/2 CY & Over) 4.25 D-2 D-5 LOCATION AND DESCRIPTION: The work to be constructed under this contract is designated as : Water and Sewer Mains to serve Block 44-A., Portions of Block 45 , 51 , & 74., Westcliff Addition, located just north of South Drive along Inwood Road and adjacent to Overton Park East designated as Water Department Project Number 109-15000-5662 (Water) and 106-13000-6932 (Sewer) . D-6 EXISTING STRUCTURES AND IMPROVEMENTS : The Contract shall take adequate measures to protect all existing structures , improvements , and utilities which may be encountered . The utility lines and conduits shown on the plans are for information only and are not guaranteed to be exact as to location and depth, they are shown on the plans from the best information available from the owners of the utilities involved and from evidence found on the ground. The Contractor shall be responsible for taking all necessary precautions for the protection of all utilities , services , etc . , and shall be liable for any damage to these utilities , services , etc . , resulting from his operation. The Engineer may require the Conctractor to make excavations prior to any trenching operations to determine the exact line and elevations of the obstacles . D-7 TEST HOLES : The matter of subsurface exploration to ascertain the nature of the soils , including the amount of rock, if any, through which these pipe line installations are to be made is the responsibility of any and all prospective bidders , and any bidder on this project shall submit his bid under that condition. Whether prospective bidders perform this subsurface exploration jointly or independently, and whether thay make such determinations by the use of test holes or other means , shall be left to the discretion of the prospective bidders . The Engineering Consultant Firm of Gordon S . Swift , Consulting Engineer has made available to the City of Fort Worth test hole borings in limited areas for the use of the engineers . This information is not intended to be a part of the plans and specifications , however, the data is available to prospective bidders for reference on request . D-8 BLASTING: Blasting shall be permitted as set forth in C6-6 . 9 and E2-2 . 4 of the General Contract Documents and as directed by the Engineer , Contractor ' s attention is directed to the City ' s ordinances concerning blasting , as these requirements will be enforced . D-3 D-9 SANITARY FACILITIES FOR WORKERS : As set forth in the General Conditions , Section C6-6 . 4 , the Contractor shall provide all necessary sanitary conveniences for the use of workmen at the project site. Specific attention is directed to this requirement . D-10 STRINGING OF PIPE, STORAGE OF MATERIALS : The Contractor ' s attention is directed to Paragraphs E2-1. 8 and E2-7 . 4 of the General Contract Documents . The stringing of pipe in advance of laying operations , storage of materials , equipment , etc . shall be done in such a manner as to cause no hazard or inconvenience to the public or to traffic . Any arrangement for the use of vacant lots or vacant space for the storage of materials , equip- ment , etc . , shall be the responsibility of the Contractor . D-11 TRAFFIC CONTROL : It shall be the responsibility of the Contractor to provide traffic control during construction as set forth in the General Contract Documents and in accordance with the following additional requirements : a. The Contractor ' s attention is directed to Paragraph C6-6 . 8 of the General Contract Documents , which requires that the Contractor shall furnish barricades , flares , etc . , for the protection of the public and the work. b . The cost of traffic control shall be included in the price bid for pipe complete in place as bid in the proposal , and no other compensation shall be allowed . D-12 SPOIL: All excavated material unfit for backfill or surplus to that used , waste materials accumulated on the job , and any material surplus to that needed in the protection of the work shall be removed from the site by the Contractor and disposed of at the expense as required under Paragraph C5-5 . 17 of the General Contract Documents . In accordance with Paragraph C6-6 . 11 of the General Contract Documents , the Contractor shall indemnify and save harmless the City , all of its officers , agents and employees from all suits , actions , or claim of any character resulting from his arrangements for the disposal of spoil. Contractor may contact the owner for areas available for the disposition of spoil . D-13 CLEANUP: All clean up of surplus and/or waste materials on the job site during the execution of the work under these Contract Documents shall be to the satisfaction of the Engineer . Upon the completion of the project as a whole as covered by these Contract Documents , and before final,.. acceptafice and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials , temporary structures , and debris of every kind . He shall leave the site of all work in a neat and orderly condition equal to or better than that which originally existed . D-4 D-14 CONSTRUCTION EASEMENT : Where the pipeline location is within the public - roads and thoroughfares , the Contractor shall confine his operations within the right-of-way of such -roads unless special permission is otherwise obtained . Right of ingress and egress to .the construction easement will ill be provided *where the easement or right-of-way is adjacent' to or crosses dedicated public streets or roads . If the Contractor desires right of ingress and egress at other 'points-, the Contractor shall make such agreements at his own expense with the property owners . Such agreements shall be made in writing . D-15 PERMITS AND LICENSES : Attention is directed to the General. ,Conditions , Section C6-6 . 2 PERMITS AND L ICENSES , wherein it is stipulated that the Contractor shall procure at his expense all per- mits and licenses . Regulations , as applicable to projects within the City limits of Fort Worth, shall apply to this project . D-16 CITY FURNISHED MATERIAL: The City of Fort Worth Water Department shall furnish chlorin*ated lime (HTH) when required , chlorine gas dispensing equipment , operators , polly pigs and all fittings on the customer side of the curb stops . The Contractor shall be responsible for all other material .unless otherwise stated in these documents . D-17 PRETENSIONED CONCRETE CYL. PRESS . PIPE: The pretensioned ' con- crete cylinder pressure pipe specified for use on this project shall be class 150 as manufactured' in accordance with the Fort Worth' Water Department' s Material Standard E101-24 . This specification is included herein by reference ' and .-thereiore ' is considered a part of these special pkoject 'do6uments . The pretensioned concrete cylinder pressure pipe. on this project shall be ''bedded on crushed limestone to the pipe spring line, identical to that required for sewer pipe,with granular embedment extending to a compacted depth of six (6) inches above the pipe. The contractor shall begin laying the 16" Concrete Cylinder . Pipe , at the north end of the project . The flushing of the line with the Polly pig , chlorination, and as much other work as possible shall be performed prior to taking the existing 20" main at the south end of the project out of * service. This is to minimize the length of time the six houses just north of South Drive are without water service . D-18 SMALL TAPS : All taps three inches- or smaller required shall • be composed of a three-inch flange outlet with a special blind . flange to a bronze fem - I. P . thread of required size together with insulator kit , in lieu of that specified ,for taps in Paragraph E101-24 . 4 of these specifications.. Flanges shall connect with four (4) bolts . D-19 CONCRETE PRESSURE PIPE FITTINGS AND SPECIALS : All Bidding Contractors shall submit with their bid : . a. A complete list of concrete pressure fittings and specials upon which the lump sum is bid , and D-5 b . Provide a price indicating the cost for furnishing and installing each of the various items of concrete pipe fittings and specials , including random lengths of pipe , listed in these documents . The lump sum as bid in Bid Item No . 2 (Unit I) of the Proposal shall be payment in full for all fittings and specials necessary for the construction of the project as designed . Payment for the installation of the pretension concrete pressure pipe fittings , specials and random lengths shall be included. Should the Engineer approve any changes to the fittings , specials , or random pipe lengths listed as justifying the amount bid in Bid Item No . 2 (Unit I) of the Proposal, the price submitted with the proposal shall be used to determine the increase or decrease in the value of Lump Sum Item Number 2 (Unit I) of the Proposal, and the Contractor shall be paid on the basis of this adjusted value under that bid item. D-20 POLYETHYLENE WRAPPING: In accordance with Section E2-35 of the General Contract Documents and Specifications , all valves , ductile iron pipe, cast iron fittings , and specials , shall be polyethylene wrapped . Payment for the polyethylene wrapping for these components shall be subsidiary to the various items bid for furnishing and installing pipe complete in place. Polyethylene wrap shall precede blocking . D-21 CLASS "B" (2500#), CONCRETE : Class B concrete for miscellaneous placement has been allocated under Bid Item No . 15 (Unit I) and Bid Item No . 13 (Unit II) of the Proposal for encasement or miscellaneous placement as directed by the Engineer . The cost of this material shall be determined on the basis of the amount used at the unit cost bid in the Proposal measured to the nearest one-tenth cubic yard , Class "B" concrete shall contain steel reinforcement as appropriate. D-22 CLASS "E" (1500#) CONCRETE: Class "E" Concrete for miscellaneous placement has been allocated under Bid Item No . 14 (Unit 1) and Bid Item No . 16 (Unit II) of the Proposal for backfill and miscellaneous placement as directed by the Engineer . The cost of this material shall be determined on the basis of the amount used at the unit cost bid in the Proposal, measured to the nearest one-ten-th cubic yard . D-23 EXTRA CRUSHED LIMESTONE AND/OR BALLAST STONE FOR TRENCH FOUNDATION: Extra limestone conforming to Material Specifications E 1-36 has been allocated under Bid Item No . 16 (Unit I) and Bid Item No . 11 (Unit II) of the Proposal to provide additional quantities over that required , reference to E2-36 . 2 for trench foundation. Ballast stone has also been allocated under Bid Item No . 11 (Unit I) and Bid Item No . 12 (Unit II) of the Proposal to be used either in lieu of or in combination with the crushed lime- stone as field conditions dictate . Use of this additional material D-6 shall occur only when authorized by the Construction Engineer. Payment then shall be made in accordance with E2-36 . 4b of the General Contract Documents . D-24 STERILIZATION AND TESTING OF MAINS : The water main shall be swept clean of foreign matter by passing a "Polly Pig" through the pipe from point of insertion to exit points as shown on the plans . This work in conjuction with chlorination if required and testing shall conform to the requirements of Section E2-28 of the General Specifications . The Contractor shall be required to provide all necessary labor and equipment to assist in decontami- nation of the mains and shall perform all test work required on the project . The City will furnish the Contractor all necessary 11polly Pigs , chlorine and H. T.H. for use on this project . D-25 REMOVAL OF EXISTING 6" SANITARY SEWER: The price bid in Bid Item No . 3 , Unit II of the Proposal shall include all extra gravel , crushed stone, the cost of diverting the sewage and all other items caused by working "in the wet" during the removal and replacement of the existing six-inch sanitary sewer . Payment for installation of six-inch sewer lines in these areas shall be at the unit prices bid in the proposal for installation of six-inch sanitary sewers at various depths . D-26 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project , such as conditions imposed by easements , permits , 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 subsidiary items of work, the cost , of which shall be included in the Lump Sum price bid in the Proposal. Surface restoration, cleanup , and general items of work which 'fall in the category of subsidiary work. D-27 3/4" COPPER OR POLYETHYLENE PLASTIC SERVICE LINE: The 3/4" water service line may be constructed using copper water service lines as provided in General Specifications E 1-20 and E 2-20 or using polyethylene plastic water service lines ,- in accordance with General Specifications E 1-25 and E 2-31, whichever is the contractor' s option. The contractor shall check the appropriate blank in Section I of the Proposal which indicates the type of service material on which he is basing his bid . The price bid under Bid Item 13 , Section I of the Proposal shall cover furnishing and installing all required water service material from the water main through the curb stop and installing Water Department furnished hardware on the Customer side of the curb stop . D-7 D-28 TV INSPECTION OF SANITARY SEWER: Part of the final inspection of the sanitary sewer on this project shall include a closed circuit TV survey of the completed sanitary sewer pipe installation, exclusive of services , and all imperfections in the installed facility revealed by the TV survey shall be remedied by the Contractor prior to acceptance of the project as complete. All TV survey work, including furnishing of necessary personnel, equipment , and material shall be performed by the City at no cost to the Contractor , but the Contractor shall fully cooperate with the City in the making of this TV survey, as in all other engineer- ing aspects of the project . As part of this cooperative effort , the Contractor shall insert a continuous nylon cord of approximately 1/8 inch in diameter in all sanitary sewer lines , exclusive of services , as the lines are laid , to aid in the threading of TV cables and camera controls . The cost for furnishing and installing the nylon cord shall be subsidiary to the various items for bid in the proposal. D-29 PRE BID OF TYPE "B" BACKFILL: Quantities of Type "B" Backfill have been estimated on basis of 100% replacement where "D" or 11B119 "C" or "B" Backfill has been specified . Since excavated materials for certain portions of water and sewer mains may meet Water Department requirements for Type "C" Backfill and Type "D" where specified , no Type "B" Backfill shall be used with this in mind , the price has been pre-bid at the best trend prices available to the Water Department. D-30 GRADING AND EXCAVATION: All street excavation clearing filling and proper compaction will be done prior to beginning of work for wafer and sewer . General sequence of work is to be . A. Street Excavation and fills . With regard to the conditions of Paragraph E 2-2 . 2 General Contract Documents and Specifications must be satisfied . (By others) B. Water Facilities C. Sanitary Sewer Facilities D. Storm Drain and Sub Drain Construction (By Others) E. Gas and Other Utilities (By Others) F . Street Paving (By Others) NOTE: Any blasting , if required , shall be performed in all utility ditches or otherwise prior to placement of water or sanitary sewer pipe. D-8 D-31 ROCK RUBBLE RIP-RAP : Rock removed from the trench excavation suitable, in the opinion of the Engineer , for rip-rap may, at the Contractor ' s option, be locally stock piled for future rip-rapping of the trench at the locations shown on the plans . Rock selected for rip-rap shall have a minimum dimension of 6" . The rip-rap as shown is to be placed a distance of twenty-four (24") each side of the limits of the trench on undisturbed earth and in the top one-foot (V ) of the trench and splashed with Class E (15004 ) concrete. Payment where applicable will be made at the Unit Price bid in the Proposal under Item No . 19 (Unit No . I) and no other compensation will be allowed. D-32 ABANDONMENT OF EXISTING 15" SANITARY SEWER: The contractor shall plug the ends of the existing fifteen-inch sanitary sewer which is to be abandoned with Class E (1500#) concrete. The top of the one manhole to be abandoned shall be removed to a point four feet below finished grade and disposed of . The manhole is to be filled with "C" or "B" Backfill. Payment for the Class E concrete and Type "B" backfill shall be at the prices bid in the proposal , all other work shall be subsidiary to the other items of construction. D-33 ADJUSTMENT OF EXISTING MANHOLES : The adjustment of existing sanitary sewer manholes shall be subsidiary to other items of construction. D-34 CONTRACTOR WORK SCOPE : Under the provisions of Section C7-7 . 1 , "Subletting , " the Contractor shall be required to perform with his own organization and with the assistance of workmen under his immediate superintendance, work of a value of not less than 50% of the value of all work embraced in the contract . D-35 CONTRACTOR' S OBLIGATIONS : Under the Contract , the Contractor shall pay for all materials , labor and services when due. D-36 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 pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered , thus delegated and directed, to settle all material , labor or other D-9 expenditures , all claims against the work or any other matter associated such as maintaining adequate and appropriate insurance or security coverage for the project . Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor ' s principal base of perations be other than in the Fort Worth-Dallas metropolitan area, notification of the Contractor ' s assignment of local authority shall be made in writing to the Engineer in advance of any work on the project , all appropriately signed and sealed , as applicable, by the Contractor ' s responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract 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 requirements is imposed on insurance and surety coverage. Should the Contractor ' s local representative fail to perform to the satisfaction of the Engineer, the Engineer may, at his sole discretion, demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned . No credit of working time will be allowed for periods in which work stoppages are in effect for this reason. D-37 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas . D-38 BIDDER PREQUALIFICATION REQUIREMENTS : The criterion specified in Item 1 of the SPECIAL INSTRUCTION TO BIDDERS , dated March 20, 1975 contained in these Special Contract Documents as Sheet A-2, shall govern prequalification requirements for bidders on this Project . D-39 INSURANCE : Paragraph C 3-3 . 9 , g. as contained on Page C 3-3 (5) of Part C of the General Conditions dated January 1, 1975, shall be rescinded and replaced by the following Paragraph g . : 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 duly qualified one upon whom service of process may be had and must have authority and power to act on behalf of the insurance and/or bonding company to settle or negotiate with the City of Fort Worth or D-10 any other claimant or any property owner who has been damaged , may have against the insurance and/or bonding company. If the local insurance representative is not so empowered by the insurance or' bonding companies , then such authority must be vested in a local agent or claims officer residing in the metroplex, the Fort Worth-Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. D-40 WATER METER BOXES : Meter boxes for water service meters shall be installed by the City and are not included in this project . The Developer shall deposit the necessary funds for the meter boxes with the City before construction can begin. D-11 SECTION E - 1 MATERIAL SPECIFICATIONS All materials used in this project will conform to Section E-1 of the Fort Worth Water Department General Contract Documents and General Specifications with revisions through January 1, 1975, together with any additional material specification(s) or later revision(s) included herein shall be applicable. 1- ) -75 �I SECTION E - 2 CONSTRUCTION SPECIFICATIONS Construction methods and procedures for use on this project shall conform to Section E-2 of the Fort Worth Water Department General Contract Documents and General Specifications with revisions through January 1, 1975, together with any additional Construction Specification(s) or later revision(s) in- cluded herein shall be applicable. 1-1-75 ARC 500 CERTIFICATE OF INSURANCE TO:, CITY OF FORT WORTH, TEXAS Date 5-17 76 5, NAME OF PROJECT: Water & sewer facilities to serve block 44A and portions of 51 & 74 -WestcLiff ai3altion PROJECT NUMBER: Project-109715000-5662 and Project 106-13000-6932 THIS IS TO CERTIFY THAT Austin Road Company, P. O`. Box 2285, Fort Worth; TX.76101 (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 accord- ance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on. reverse side hereof, TYPE OF INSURANCE Polic No. Effective Expires Limits of Liabilit Workman's Com ens tionj WC10001 5-1-76 5- -77 10031.000 Comprehensive General Bodily Injury: Liability Insurance Ea. Occurrence: ) CGL20001 5-1-76 5-1-77 $_500.000 CS.L (Public Liability) Property Damage: Ea. Occurrence: $ Blasting - -Y b 5-1-77 Ea, Occurrence: ,000 US L Collapse of Buildings or structures -adjacent CGL20001 5-1-76 5-:1-77 Ea, Occurrence: $ 500,000 CS L to excavations Damage to Underground Utilities CGL20001 5-1-76 5-1-77 Ea. Occurrence• 500,000 CS L Builder's Risk Bodily Injury: Comprehensive CAL20002 5-1 76 51 77 $ 500 000 CS L p Ea. Person. � Automobile Ea. Occurrence $ Liability Property Damage: Ea. Occurrence: $ Bodily Injury: Contractural Liability CGL20001 5-1-76; 5-1-77 Ea. Occurrence $ 500.000 CS L Property Damage: Other m re a Cat as r __ Ea. Occurrence $1,000,000.00 Locations covered: Texas Description of operations covered: All operations of the insure The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled 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 regulations require more than five (5) days actual !, notice of change or cancellation to be assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement thereto attached. ! _Agency British American Ins. Co. Fort Worth Agent By lam? -3, :• '�, , w ->� ..-;^.°� -'". , Address P. O. Box 2285, Fort Worth, TX President Title Certified Copy of POWER OF ATTORN'tY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 100 William Street, New York,New York,a New Jersey Corporation,has constituted and appointp.,d,_jqnd does hereby constitute and appoint G. E. Dawkins , Henry Kelly, B J. Weaver, GraCe 'P. Owen , and Dean Phelps o-f Dallai Texas each its true and lawful Attorney-in-FaCt to execute •--under such designa- tion in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds or obligations on behalf of: AUStin Industries , Inc. , Austin. Bridge Company, Austin Road Company, Austin Building Company , Austin Paving Companyo Austin Construction Company, Austin Construction Consultants , Inc. , Austin Commercial, Inc. , Coastal Construction Company, Ausco Construction Company, Bristol Steel Buildings , inc. , W. J. Thomas Line Builders , Inc. Division of Austin Industries , Inc. , Austin investment Properties, Inc. , Austin Products, Inc• , James H. Conlee, a Division of Austin Building Company , an, ', any and all Joint Ventures wherein one or more of the above named shall parlCici- i pate , subject to; 14 Bonds on behalf of contractors in connection with bids or proposals to or with the United States of America# any state or political subdivision there- ' of or any person, firm, or corporation. 2 . Bonds on behalf of contractors in connection with contracts to or with the United States of America, any State or political subdivision -thereof or any person, firm, or corporation provided the penalty o-111- the contract bond or liability incurred under such contract bond does not exceed the sum of Five Million Dollars ($5,000 ,000.00) • And the execution of such bond or obligation by such Atllt,,orneys-in-Fact in this Company' s name and on its behalf as Surety thereon or otherwise, under its corporate seal, in pursuance of the authority hereby conferred shall, upon delivery thereof, be valid and binding upon this Company. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has pursuant to its By-Laws, caused these presents to be signed by its Assistant Vice-President and Assistant Secretary and its corporate seal to be hereto affixed this lst day of January 19 76 FEDERAL INSURANCE COMPANY ?,AN By George McClellan Assistant Vice-President �NJEIS STATE OF NEW JERSEY Richard D.O'Connor County of Essex ss: Assistant Secretary On this day cif before me personally came Richard D.O'Connor to me known ancllb'��ne known to beJAIPRA:Rlecretary of the 9T@D RAIL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Richard D.O'Connor being by me duly sworn, did depose and say that he is Assistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof;that the.seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with George McClellan and knows him to be the Assistant Vice-President of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine hand- writing of said George McClellan and was thereto subscribed by authority of said By-Laws and in deponent's presence. rG I A a Acknowledged and Sworn to before me on the date above written. ��1,0 0 T A R Y -,',PTAR Y P—op IC & Punic Notary Public; A J t. PATRICIA RYAN ' NOTARY PUBLIC OF NE•Y*V JER'S EY My Commission'Expires December 11, 1978 Form 21-10-53(Rev.5-75) (NYSO) ...... A CITY OF SHORT HILLS 1 )} SS. County of Essex I,the undersigned,Assistant Secretary of the FEDERAL INSURANCE COMPANY,do hereby certify that the following is a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors on March 11, 1953 and amended May 27, 1971 and that this By-Law is in full force and effect. "ARTICLE XVIII. i Section 2. All bonds, undertakings, contracts and other instruments,other than as above for and on behalf of the Company whictr it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice-Chairman or the President or a Vice-President,jointly with the Secretary or an Assistant Secretary, under their respective designa- tions,except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as provided for in Section 3 below, may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the Vice-Chairman or the President or a Vice-President or an Assistant Vice-President,jointly with the Secretary or an Assistant Secretary,under their respective designations." And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of Attorney has not been revoked. And I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico,and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds,undertakings,etc., permitted or required by law. Given under my hand and the seal of said Company at Short Hills, N.J., thi th day of May , 19 76 _. Assistant Secreta'? i' #806623OI PART F - PERFORMANCE BOND THE 5TATE OF TEXAS COUNTY OF TARRANT � KNOW ALL MEN BY THESE PRESENTS; That we (1) Austin Road Company of Fort Worth , Texas a corporation organized and authorized existing under the laws of the State of New Jersey_ and fully as Surety, are held and firmly bound to transact business in the State of Texas unto the City of Fort Worth, a municipal corporation organized and existing under r called owner, in the penal sum of the laws of the State of Texas, hereinafte One ~^~----- Thi Nine Hundred, Dollars— in lawful money of United States, to be paid ($195 ,267, 10 as, for the paymen t of which sum well an6 truly in Fort Worth, Tarrant County, Tex e , ax�cutors Yrs to be made, we hereby ourselves, our h , administrators and succossors, jointly ' nd severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract� wYth the City of Fort Worth, the Owner, dated a copy of which is hereto attached and made a part hereof, for Lhe .construct<on of: water and sewer facilities to serve Block 44A a LS 06J Blocks 45 - 51 and 74 - Westcliff ArlAi+-inn designated as Project Number � a �copy of which contract is hereto attached, referred to, =" "=== ..r~. ^ 'e. __. as fully and to the same extent as if copied at length herein, such project -and con- struction being hereinafter referred to as the /\*orh./. NOW, THEREFORE, if the Principal shall wall^ truly and faithfully * rform the work in accordance w�Lh' the plans, specifications and contract documents d�r'ing the original term thereof, and any extensions thereof which may be granted by v the O wn with or without notice to the Surety; and if he satisfy all claims and daba�ndr s incurred under such c ontract, includlng the rayn nt 'of all amounts owed by the Principal to persons who furnished labor, materials o r services on the PrnJac1' regar dl ess of whether mechanics' or matorialman/s liens could be filed to secure same, and if Principal shall fully indemnify and save harmless the owner from all costs and damages failure � and shall reimburse and repay the of f �l to do ao which it may suffer 6y reason a Owner all outlay and expense which the owner may incur in making good any default, then this obligation shall be void; otherwise to remain n u . PROVIDED FUKTHERj that if any legal action be filed upon this bond, venue . shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety' for value received hereby stipu- lates and agrees that no change, extension of t |me/ alterations or additions to ti- terms of the contract or to the work to be performed thereunder or the specifica- tions accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any change� ' extension of time, alteration or o addition to the terms of the contract or the work or to the specifications. F-1 8-\ -7O City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECT: Award of Contract - Construction PAGE NUMBER of Water and Sanitary Sewer Facilities to I of 2 5/17/76 C-3409 Serve Portions of Blocks 51, 74, 44�-A Addition Council action on the project described below is requested: Project Description Construction of approximately 2135 feet of 16-inch concrete pressure pipe water main along with approximately 3600 feet of six-inch -and 125 feet of four-inch ductile iron water pipe, all complete with related services and appurtenances; and approximately 550 feet of 15-inch vitrified clay sewer pipe, 1840 feet of six-inch vitrified clay sewer pipe, along with related appurtenances and services; to serve portions of block 51, 74, 44-A and 45 in Westcliff Addition, in accord with the provisions of the community facilities agreement approved by the City Council on March 29, 1976 (M&C C-3352) . Submission of Bids Date Bids Received: May 4, 1976 Bidder Amount of Bid Time for Completion Austin Road Company $135,967.10 80 Working Days Shaw Construction Company 136,801.70 120 Working Days L. D. Conatser Contractor 138,803.50 100 Working Days Steed, Incorporated 150,719.05 75 Working Days Project Financing Developer's Share Water Payment of front foot charges in the amount of $25,625.00, for property served by the construction, plus 100 percent of services cost in the amount of $4,929. 66; for a total of $30,554.66 Sanitary Sewer - Payment of front foot charges in the amount of $6,043.50 for property served by the construction, plus 100 percent of the services cost in the amount of $5,388.00, plus 100 percent of the cost of adjusting existing sewers to accommodate proposed storm drainage within the development in the amount of $5,597.67; for a total of $17,029.17 Grand Total $47,583.83 City's Share Water Balance of Contract Cost $71,297.70 DATE REFERENCE SUBJECT: PAGE NUMBER Award__Of.. .Contract.'- Con:strxa;et�n 5/17/76 C-3409 of .Water and Sanitary Sewer';, ci1i''riAA.;, to Serve Portions o£*.Blocks 51 74 44-A 2 Of 2 and 45 Westcliff Addition Sand:`,tart' Sewer Balance of Contract Cost 17,085.57 Grand Total/City's"Sharey $88,383.27 The Ci.ty's._share:of cost contains $27,480 for reconstruction'of-, existing .,lines and oversizing. Payment-:of -the Developer's share of the_project cost 'is .ta..be:._deposited with the :Gity prior to issuance of a work order for.-this :.construction, The'City.''s-.share of the project cost will beproviddd'. by .appropriate bond fund'-transfers from Account 109=15000-901, "Uns:pecifed Miscellaneous. Water Mains" to Account 109-15000-566, "Water Facilities.to.Serue a.. .Portion..of'Westcliff Addition" and from Account 106-13:000=911, "Unspecified Miscellaneous Submains and Laterals" to Account 106-13000-693, "Sanitary Sewers to Serve a Portion of Westcliff Addition". Recommendation It i's,.recommended that: 1. A bond fund transf er be approved in the-.amount_::.o.f--.-$8.O. 000'>00 from Account 109-15000--901, "Unspecified.:Miscellarieous_Water Mains" .to Account 109-15000-566, "Water Facilities to Serve a_ Portion of Westcliff Addition" and 2. A bond fund .transfer be approved in the::amount--_:of- $20,000 from Account 106-13000-901, "Unspecified Miscellaneous Submains and Laterals" to Account 106-13000-693, "Sanitary Sewers to Serve a Portion of Westcliff Addition; and 3. A contract be awarded to Austin Road Company for construction of water and sanitary sewer facilities to serveportions of Blocks 44-A, 45, 51 and 74, Westcliff Addition on the low bid of $135,967.10. GG:ha SUBMITTED BY: DISPOSITION'BY COUNCIL: O ESSED BY Q APPROVED ❑ OTHER (DESCRIBE) SECR ARY DATE CITY MANAGER IN WITNESS WHEREOF, this instrument is executed in four counterparts each one of which shall be deemed an original dated May 1-7--z 1976 AUSTIN ROAD COMPANY Principal (4) ATTEST: By - Vice President O Secretary . . P.O. Box 2285 r (SEAL) Fort Worth �'X• �6 Address - Witness as to incipal - - - (Address , FEDERAL INSURANCE COMPANY Surety ATTEST: By 4n Ae y;in-Fact (5) G. E. Dawkins `-.- fl G�J�� � _. P.O. Box 1590 (Surety) Secrery) Dallas , TX. 75221 (Address) (SEAL) Witness as to Surety MERCANTILE SECURITIES'EUIL DFNG GALL A ddress 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 Attorney-in-Fact 8-1-70 F-2 ' PAYMENT BOND THE STATE OF TEXAS COUNTY OF TARRANT Y KNOW ALL MEN BY THESE PRESENTS: That we (l) Austin Road Compa.ny a `2/ hereinafter called Principal, and (3) Federal I uizance.-Compamy a corporation organized and existing under— the laws^ the State of �e held and firmly bound to transact business /n �*�� "= �= =`', ~. ^ Unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the/ State of Texas, hereinafter called Owner, .and unto all persons, � furnish materials for labor upon the firms and corporations h f who may urn c ma| er , or perform ,labor or improvement hereinafter referred to in the penal sum of One zzuuuzed Thirty Dnllars in lawful money or the United States.,`` nt County, �axas for the payment. of which sum �o be p�/o /n Fort wor�n* /u/ ru v , ' well and truly made, we bind ourselves, our heirs, executors� administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered ' into a certain contract with the City of Fort North, the Owner, dated a cop ' of which is hereto attachedand made a part hereof, for the construction of: ' water and sewer facilities toserve Block. 44A and nortiolis. of Blocks ea 51 . designated as Project Number s 109-15000-5662 a copy of which contract is hereto attached, reTerreo. ro, and made a part .=. ="f as fully and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE) the condition of this obligation is such that, if the PrYncipal t | l claimants as defined |n Article �l88 shall promptly make payment o a » Revised Civil Statutes of Texas, 1425, as emended by House Bill 344, Acts 56th Legislaturav Regular Session, ' l959, effective April 27, 1959.' supplying |abolabor.^ and materials , n the prosecution o- the work provided for in said Contract) then this nblYgatyob shall be null and void) otherwise it shall remain in full forceand effect. This bond is made and entered into solely for the protection of all claimants � supplying labor 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 5160Y ~ Reivise6 Civil Statutes) 1925, as amended b y H ouse Bill 344, Acts 56th Legislature, Regular Session, 1959. , ` ' F-3 8-l-}O ` ' PROVIDED FURTHER, that if any legal action be filed upon this bond, shall lie in Tarrant County, State of Texas, and that the said surety, for value received., hereby stipulates and agrees that no changex extension of time, alteration or addition to the terms of the contract or to the work to be per- formad fhereundar or thu specYfications accompanying the same shall in any wise affect its obligations on this bond, and it does her'eby waive notice of any such | �hange'.7 extension of time, alteration or addition to the terms -of the contract or to the work or to the specifications. ~ PROVIDED FURTHER, that no final settlement between the owner and the Con- tractor shall abridge the rYght of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is uted in four counterparts, eac h one of which shall be deemed an original, dated p'/ AUSTIN ROAD COMPANY Principal (q) ' ' ATTE ' )' Seoretary (SEAL) ^~ Vice President ' ' witness— �7 ncipal P'[). Box 2285 � ,-- -' ' � Fort Worth, ��- 76I01 ATTEST: (Address) FEDERAL INSlJRANQE_LQMPANY_ �Surety ' `/ (Surety) uacreg,4/y By (SEAL) Fact - ���' G. E . Dawkins ` N/Tness as to au/ etl__~~ �� Dallas , TX 75221 mcR�wn� so�mr�s """"~~ . Note: Date of Bond must not be prior to date of Contract \ Correct name of Contractor ` ' r hY a individual , as case may be �%l A Corporation, � Partnership o� n " ` l Correct name of Surety ' If Contract is Partnership, all partners should execute bond ` '' A true copy of Power of Attorney shall be attached to bond by ' Attorney-in-Fact. D-l-7O F-4 ` ' MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF TARKANT X KNOW ALL MEN BY THESE PRESENTS: That as Principal � acting hbrein by and thro�_qh___ its' y authorize _ d m VN-L-mc re-04 (3) Federal Insurance Company a corporation organized and existing under the laws of the State of New Tpr,-,ev and fully authorized to do business in the Ttute of .=^~"x as Surety, - - held and firmly bound unto the City of Fort Worth, a home-rule municipal corporation in Tarrant County, Texas, in the penal. sum of One Hundred Thirty Five Thousand, Nine Hundred Sixty Seven and 10/100 ($ 135 ,967. 10 ) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas.9 for the payment of which s= well and truly� to be made unto said City of Fort Worth, its s,uccessors or assigns' said Principal and Surety do hereby bind themsalves, their heirs,. executors, d assigns, jointly and yevar�lly. administrators,, successors on , J , THE CONDITION OF THIS OBLIGATION, however, is such that: l certain WHEREAS., the Principal has entered into a cer a n con traut with the City of Fort Worth, dated for the performance of the following ` described public work and the construction of the following described public improvements: water and sewer facilities to serve Block 44A and Portions of Blocks 45 51 and all of same being referred to herein and in said contract as the Wbrk and being designated as Project No.s. 109.�15000-5662 and 106-13000-6932 and said contract^ including all of the specifications, conditions and written Ynstru��nts referred to therein as contract documents being hereby in6orporated herein by reference for all purposes and made a part hereof, the same as if set out verbatim herein; and, | EREAS, , ' said contract the Principal binds itself �o use such materials* and workmanship i' the psrformance �f said work that it will remain in good repair ~-- ' f and condition at least for the period of one year after the date of final accept- ance of said work by the City; and, , WHEREAS in said contract the Principal binds itself to maintain said work ' i d repair and condition .for said period after the date of and improvements n gno rap the final acceptance of work y the City, furnishing all materials, equYp~ ^ - 6 ^'-t labor,or, s' pervis ion and 'overhead necessary therefor at its own expense; an , � WHEREAS, n said contract the Principal binds itself to repair or recon- st .uct said work or improvements in whole or in part at any time within said ' ' period after the date of the final acceptance of the work by the City, Fort ' if in the opinion of the Director of the Water Department of the City' Worth it be necessary so to do in order to effectuate the intent of the contract; and, ^ WHEREAS, in said contract and by the execution of this bond the Principal and Surety covenant and agree that neither any acti on by or on behalf of the City ' in accepting said work or Ymprovements nor the final certificate of payment nor any 8-l-7O F-5 ` ' provision in the contract documents nor any occupancy, partial or entire, of the premises by or on behalf of the City nor any payment made by City pursuant to the contract- shall be deemed an acceptance of work that is not done in accordance with the contract nor relieve the Principal or Surety for liability in respect to any failure to perform the *vork or construct the improvements in accordance with suc�h contract or for faulty materials or workmanship or for the violation of any ex- pressed or implied warranties; and, WHEREAS, all parties covenant andagree that if .'any legal action bo filed . upon this bond, venue shall lie in Tarrant County, Texas; and, WHEREAS, for value received, Surety hereby covenants, stil5ulated .and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereof. or the specifications accompany- ing the same shall in any manner effect the obligation of the Surety on this bond/ and Surety does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications; NOW THEREFORE, if 'sayJ Principal shall fully keep, .perform and comply with its obligations under said contract and in particular i.ts said agreement to main- tain, repair or reconstruct said public work or ^ rovenxants in accordance with all the terms and conditions of said contract, these presents shall be null and void; otherwise this bond shall be and remain in full force and effect and the City of Fort Worth shall have and recover from the said Principal and Surety ' damages as prescribed by said contract and the applicable law. Thls* obligatlon shall be o continuing one, and successive recoveries may be had hereon for suc- cessive breaches until the full amount hereof is exhausted, ' IN WITNESS WHEREOF this instrument is executed in four counterparts, each one of which shall be deemed an original , dated May 17, 197C2 . AUSTIN AT) CnMPAT\TV Principal ATTEST By ' vi � ^~i�emiueut / »ecr \ / - (SEAL) I? Fort ' (Address) Witness ~^ to ' ' '^C ^ (Address) 8-l-70 F-6 ' FEDERAL INSURANCE COMPANY Surety A, • ATTEST: . By UL4� A orney-in-.Fact 5) �� y � �— G. E. Dawkins C2 JC ,�.:�9� --- /(Surety Secr , ary P.O. Box 1590 Dallas TX 75221 (Address) (SEAL) !Witness as to Surety MERCANTILE SECURITIES EUILDING (Addres§)LLAS, TEXAS 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 Attorney-in-Fact. 8-1-70 F-7 ` � ! � PART G - CONTRACT STATE OF TEXAS COUNTY OF TARRANT � THIS CONTRACT made and entered into May 17, 1976 ' - by a Texas, of the County of Tarrant and State of Texas/ acting through its City Manager thereunto duly authorized so to do, Party of the First Part, herein- after termed OWNER/ and Austin Road Company OF THE City of Fort Worth County of Tarrant and State of Texas Party of the Second Part, hereinafter termed CONTRACTOR. W|TNESSETH: That for and in consideration of the payments and agree- ments hereinafter mentioned, to be made and performed by the Party of the First Part (Owner) and under the conditions expressed in the bond bearing even date herewith, and 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: ' Water and Sewer Facilities To Serve Block 44JL and Portions of Bluo]c 45, 51 6 74 — WeotcIiff Addition Project 2Jo, I09-15000-5662 (Water) ' Project No. 105—I3000-6932 (Sewer) ' and all extra work connected therewith, under the terms as stated in the Contract Documents, and at his (their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superin- tendence, labor, 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 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 the other part of the Contract Documents hereto atLaohe6/ including the Fort Worth Water Department General Contract Documents and General Speci- fications with revisions, all of which are made a part hereof and collectively evidence and constitute the entire contract. The Contractor hereby agrees to commence work within tan (|O) days after the data written notice to Jo 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 per- formance 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 thereof, and to make payment on account thereof as provided therein. ^ _ 8-1-70 G - | i i IN WITNESS WHEREOF, the PArties to these presents have executed this Contract in quadruplicate in the year and day first above written. ATTEST: City of Fort Worth, Texas (Owner) Party of the First Part By R. . LINE City Manager I BAT�M" s ere �v. Uiz City Secretary-T-reesu=r:.eT- (SEAL) WITNESSES: AUSTIN ROAD COMPANY Y Approved for Fort Worth City Water Department B. Bertram Vice President J'. L. ORW INSON Director Approved as to Form and Legality S. G. JOHNDROE, JR. City Attorney I 7-1-71 G-2 60200 I