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HomeMy WebLinkAbout025120 - Construction-Related - Contract - Pate Brother Construction, Inc.i CiTe 3�CRE7AR`!L/ / .... ia. �.. FILE CITY SECRETARY "l a C) CONTRACT NO. BOND NG CO ' 7fA i ON' c . FICATIONS AND CONTRACT DOCUMENTS CET i.! i ll "' NT 24 -INCH NORTHSIDE III WATER TR SMISSiON MAIN FROM FUTURE HARMON ROAD ELEVATED STORAGE TANK SITE TO INTERSTATE HIGHWAY 35W CBTY OF FORT WORTH, TEXAS WATER PROJECT NO. PW 77-060770140450 DEPARTMENT OF ENGINEERING NO. 2610 May 1999 pKENN�E=�T H BARR ,f BOB ATAERREC.IL MAYOR CiT"`MA! �f^AAGER. LEE C. BRADLEY, JR., P.E. A. DOUGLAS RADEMAKER, INTERIM DiF:EC;TOR, ►OIREC•"OR, W. IER DEPARTMENT DMEfl OF E ;GINEERING GOODWIN AND MARSHALL, ING ENGINEER G&M 9911 ulCDM E© dry�C5!7' GM?C I PY T! U Uo C,IUU11➢ L 0 ci 0 0 0 0 0 0 0 0 0 ci 0 0 0 0 0 0 a TABLE OF CONTENTS 1. PART A - Notice to Bidders 2. Special Instructions to Bidders 3. PART B - Proposal a. Section A - Water Improvements 4. Minority and Women Business Enterprises Specifications 5. PART C - General Conditions 6. PART D - Special Conditions 7. PART E - Material Specifications 8. Certificate of Insurance 9. Contractor's Compliance with Workman's Compensation Laws 10. Easements 11. Exploratory Soils Borings 12. PART F - Bonds a. City of Fort Worth Performance Bond b. City of Fort Worth Payment Bond c. City of Fort Worth Maintenance Bond 13. PART G - Standard Form of Agreement (City Contract) B 0 0 I 0 I 0 ICI L�J I 0 ci 0 0 ci a I 0 0 PART A NOTICE TO BIDDERS 0 J II I I :i I I I 7 PART A - NOTICE TO BIDDERS Sealed proposals addressed to Mr. Bob Terrell, City Manager of the City of Ft. Worth, for the furnishing of all labor, materials, and equipment necessary for the construction of water improvements, including all appurtenant construction, for a complete functional system designated as "24 -inch Northside III Water Transmission Main from Future Harmon Road Elevated Storage Tank to Interstate Highway 35W", Water Department Project No. PW77-060770140450 and Department of Engineering No. 2610, will be received until 1:30 P.M. on the date of the bid opening, at the office of the Purchasing Division located on the lower level of the Municipal Building, 1000 Throckmorton, Fort Worth, Texas. The bids will be publicly opened in the City Council Chambers at: 2:00 P.M., Thursday, June 10, 1999 and then. 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, City Hall, 1000 Throckmorton Street, Fort Worth, Texas. One set of documents will be provided to prospective bidders for a deposit of twenty five dollars ($25.00) per set; such deposit will be refunded if the document is returned in good condition within 10 days after bids are opened. Additional sets may be purchased on a non-refundable basis for twenty five dollars ($25.00) per set. Pre -qualification according to Fort Worth Water Department Contract Specifications is required. The City of Fort -Worth "General Contract Documents and Specifications for Water Department Projects" effective July 1, 1978, with the latest revisions, also comprise a part of the Contract Documents for this project, and maybe obtained by paying $50.00 for each set, at the Engineering Office of the Fort Worth Water Department. The City reserves the right to reject any or all bids and waive any or all formalities. No bid may be withdrawn until the expiration of forty-five (45) days from the date bids are opened. A pre -bid conference will be held on Wednesday, June 2, 1999 at 10:00 a.m. in the DOE conference Room 255A. For additional information concerning this project, please contact Mr. Benjamin Baca, P.E. with the City of Ft. Worth (817-871-8363) or Mr. Bruce F. Dunne, P.E. with Goodwin and Marshall, Inc.(817-429-4373). Publication dates: D ii May 20, 1999 May 27, 1999 By: //, Rick Trice, P.E. Manager, Consulting Services 0 0 SPECIAL INSTRUCTION TO BIDDERS 0 7 0 0 0 I 0 I 0 0 I 11 0 PREQUALIFICATION REQUIREMENTS: A current certified financial statement, an acceptable experience record, and an acceptable equipment schedule must be filed with the Director of the Water Department at least one week prior to the hour for opening bids. This statement is to be prepared by an independent Certified Public Accountant or independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Proposals submitted by a prospective bidder who has not fulfilled the above requirements shall be returned unopened. Prospective bidders whose qualifications are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received will be notified before the date of the bid opening, and any proposals submitted by them sahll be returned unopened. Liquid assets in the amount of ten (10%) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date on which bids are to be received. The Director of the Water Department shall be the sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. 2. BID SECURITY: A cashiers's check, or an acceptable bidder's bond, payable to the City of Ft. Worth in an amount of not less than five percent (5%) of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the nam of the surety shall be included on the current U.S. Treasury, or (2) the surety lust have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one - tenth (1/10) the total capital and surplus. 1 of 5 I3 Q U 3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred percent (100°/x) of the contract price will be required from the successful bidder. Each bond must have an attached power of attorney. At least one copy will contain originals. Reference C 3-3.7 0 4. AMBIGUITY: In case of ambiguity of lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the construction price most advanta- ogeous to the City, or to reject the proposal. 5. EXAMINATION OF CONTRACT DOCUMENTS AND SITE: It is the responsibil- Q ity of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and 9 local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify the Engineer, of all conflicts, errors or discrepan- flcies in the Contract Documents. The Contractor agrees to indemnify and hold harmless the Engineer and the City of Ft. Worth for liabilities and damage resulting fl from the Contractor's visits to the site. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Engineer by owners of such Under- ground Facilities or others, and the Engineer and the City of Ft. Worth do not assume responsibility for the accuracy or completeness thereof. 6. LIQUIDATED DAMAGES FOR DELAYS: It is understood and agreed between the 0 parties hereto that time is of the essence for this contract, and that for each day of delay beyond the completion date of the construction (after due allowance for such fl extension of time as is provided herein) the Contractor shall pay to the Owner as liquidated damages for each day of such delay the sum of $240 per day, it being understood between the parties hereto that such sum shall be treated as liquidated Q damages and not as a penalty, and the City may withhold from the Contractor's compensation such sums as liquidated damages. 07. AGE: In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or 'subcontractors, while engaged in 9 performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, 0 2of5 0 0 0 a maximum age limit for such employment unless the specified maximum age limit D is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Q Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third party or subcontractor against City arising out of alleged failure of Contractor and/or subcontractor's alleged failure to comply with the above -referenced Policy concerning age discrimination in the performance of this agreement. 8. DISABILITY: In accordance with the provisions of the Americans With Disabilities act of 1990 ("ADA"), Contractor warrants that if any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to comply with the above -referenced laws concerning disability discrimination in the performance of this agreement. D9. INSURANCE: Prior to commencing the work, the Contractor shall furnish to the City of Fort Worth proof of satisfactory Insurance coverage in accordance with the standard requirements of C 3 - 3.11 of the General Conditions. 10. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 11. NONRESIDENT BIDDERS: Pursuant to Article 601 g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the Q nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders Din order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. D 3 of 5 J 0 0 l a 12. BID FORM: Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate office accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. All names must be typed or printed below the signature. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). The address and telephone number for communication regarding the QBid must be shown. 13. MODIFICATION AND WITHDRAWAL OF BIDS: Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with the Engineer and promptly thereafter demonstrates to the reasonable satisfaction of the Engineer that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. PERMITS: The successful Contractor shall secure and pay for all permits, licenses and fees required by the City of Fort Worth and the State of Texas necessary for execution of the work and shall fully comply with all of their terms and conditions. 15. AWARD OF CONTRACT: The City reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, and the right to disregard all nonconforming, non -responsive, unbalanced, or conditional Bids. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct M sum. 16. WAGE RATES: Not less than the prevailing wage rates established by the City of Ft. Ij Worth, Texas, and as set forth in the Contract Documents must be paid on this project. 17. ADDENDA: Bidders are responsible for obtaining all Addenda to the contract documnents and acknowledging receipt of the Addenda by initialing the appropriate 4 of 5 I 0 0 spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all Addenda may be rejected as being non -responsive. 18. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort a Worth Ordinance No. 11923, as amended by Ordinance 13471, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZA- TION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non -responsive. Upon request, Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) on the contract and payment thereof. Contractor further agrees to permit any Uaudit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresen- tation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, an such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. 0 J ii ii 5 of 5 0 0 0 0 0 7 I1 I I I I ii I I J I PART B PROPOSAL I 0 0 PART B - PROPOSAL (This Proposal must not be removed from the book of Contract Documents) To: Mr. Bob Terrell City Manager Ft. Worth, Texas a Proposal for: 24 -Inch Northside III Water Transmission Main from Future Harmon Road Elevated Storage Qfl Tank Site to Interstate Highway 35 W Water Project No. PW77-060770140450 Dept. of Engineering No. 2610 City of Fort Worth, Texas Includes the furnishing of all materials (except as specified to be furnished by the City), equipment and labor for the installation of water line improvements, all necessary appurtenances and incidental work to provide a N complete and serviceable project. Pursuant to the foregoing "Notice to Bidders", the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, " General Contract Documents and Specifications for Water Department Projects" effective July 1, 1978 with the latest revisions, "Standard Specifications for Public Works Construction, North Central Texas Council of Governments" and the "Standard fl Specifications for street and Storm Drain Construction, City of Fort Worth", 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, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the "„) inspection and approval of the City of Fort Worth; and binds himself upon acceptance of this proposal to execute a contract and furnish an approved Certificate of Insurance, Performance bond, Payment bond, Maintenance bond and other such bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: ITEM APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT TOTAL No. QUANTITY BID PRICE WRITTEN IN WORDS PRICE PRICE SECTION A - WATER IMPROVEMENTS 7. 68 L.F. Furnish and Install 48" Dia. UWater Pipe* dill U Dollars & 1 Cents L.F. $r750e c Page 1 of 12 0 0 0 0 0 0 0 0 0 0 0 0 0 El 0 El D 0 ITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL No. QUANTITY PRICE WRITTEN IN WORDS PRICE PRICE 2. 680 L.F. Furnish and Install 36" Dia. Water Pipe* Dollars & SI Cents per L.F.d (O 3. 8040 L.F. Furnish and Install 24",Dia. Water Pipe* TWO Dollars & SlC1tjCents per L.F. $ 5,)_o $ 2-9o(•tr� 4. 90 L.F. Furnish and Install 12" Dia. Water Pipe** ___ Dollars & JLb Cents per L.F. $ 65 c ( ��• 6"0 5. 200 L.F. Extra Depth for 36" Pipe in Excess of one (1) foot below Plan Grade �KP Dollar & Cents per L.F. $ 3 410 $ 690•C Page 2 of 12 0 I aITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL No. QUANTITY PRICE WRITTEN IN WORDS PRICE PRICE ci 6. 500 L.F. Extra Depth for 24" Pipe in Excess of one (1) foot below Plan Grade. D T- Dollars & Q�o Cents per L.F. $ 3• Sao 1. boo. 07j fl7. 495 L.F. Bore with 42" Steel Casing Pipe per Detail on Sheet 14 U(/o 41 6gjbz1 .Si Dollars & a116 Cents per L.F.? - /`$ r, s?o, °o 8. 1 Each 48" Butterfly Valve Complete with Vault, Ext. Stem and Valve Box and all other Appurtanances for Complete 13 Installatiigqn ≤tTy %Hacm,d 17/2 Dollars & Na Cents Each. $ , 3. $f� 30• o� 0 0 a 0 9. 4 Each 24" Gate Valve Complete with Vault, Ext. Stem and Valve Box & all other Appurtanances for CompleteVInsallation!7/UJC� TC�o'Y/_ Dollars & Na Cents per Each. 025 O3 $ 0 Page 3 of 12 I I 11 7 Ii il I I I ITEM APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT TOTAL No. QUANTITY BID PRICE WRITTEN IN WORDS PRICE PRICE 10. 6 Each 12" Gate Valve complete with C.I. Valve Box and Cover 011E 7 gjop& 7-W i1 nc1 ° Dollars & Na Cents per Each. $ , 5b. co $ 7&. v© 71. 12 Tons Cast Iron Fittings, Furnish and Install Complete in Place, Incl. Concrete Blocking for 48", 36" and 24" Water Lines*** 1 ie 77 ci U3� /-d/1 Dollars & /'- Cents per Ton. $5 ivo.w nI i3 12. 1 L.S. Concrete Pressure Pipe Fittings and Specials Complete in Place, Incl. Concrete Blocking for 48", 36" and 24" Water Lines*** ' Her decd Dollars & Cents per L. S. qly. ` 1, Soo. ad 13. 2 Tons Cast Iron Fittings, Furnish and Install Complete in Place, Incl. Concrete Blocking for 12" and 6" Water Lines 01'j S,IiI _____________Dollars & /Utz Cents per Ton. 1, O .0-6 7 Page 4 of 12 0 0 ITEM APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT TOTAL No. QUANTITY BID PRICE WRITTEN IN WORDS PRICE PRICE 14. 3 Each Standard 6" blowoff Valve, 6" Lead Pipe, and 4'-0" Dia. Sump Manhole, per Fig. 18, Part E of General Specs. 5/4. CJ .c( 1)106 42 � nd eA Dollars & Na Cents per Each. �, oa . $ O, 7a1. °a 15. 2 Each Standard 2" Combination Air and Vacuum Release Valve, Complete with Vault per Figs. 16 and 17, D Part E of General Specifications 7W 7i4 ny f t UE Dollars & Cents per Each. $c2. 8 c $ -S7°. �o 16. 1 L.S. Trench Safety System for Water Line 7Jc'd UZ41 Dollars & Nd Cents per L. S. $42, 2'�. /D 7o0. 6a 17. 32 S.Y. Gravel Drive Removal and BReplacement per Detail on Sheet 15 U_____________Dollars & BWa Cents per S.Y. $J: oo $ /O. "° a U Page 5 of 12 0 0 I a cc LII ITEM APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT TOTAL No. QUANTITY BID PRICE WRITTEN IN WORDS PRICE PRICE 18. 10 V.F. Raise Existing 4' Dia. Sump Manhole and Valve Extension Stem to Finish Grade Elevation Dollars & Cents V.F. /co o a $ /, 670, a o 19. 0 a__________!� 6 Each Remove Existing 12" Plug and Connect to Existing 12" Water Service Line 5(7Z1 Dollars & Cents per Each. $ 390 • c n20. 120 S.Y. Remove and Dispose of Existing Concrete Foundation Slab 0 _________________ T?bt fl a Dollars & _ Cents per S.Y. $ Oa $ T 6g dt Q 21. 100 C.Y. Misc. Placement of Crushed Limestone Q 02U Dollars & N6 Cents per C.Y. $ / $ (O&1 I 9 Page 6 of 12 ITEM APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT TOTAL No. QUANTITY BID PRICE WRITTEN IN WORDS PRICE PRICE 22. 100 C.Y. Misc. Placement of Ballast Stone 0-2(� Dollars & Na Cents per C.Y. $ /. a $ /O 23. 50 C.Y. Misc. Placement of Class "B" Concrete (2500#) Dollars & N 0 Cents per C.Y. 24. 50 C.Y. Misc. Placement of Class "E" Concrete (1500#) F c Dollars & PO Cents per C.Y. $ . w SdTj $�Jr0. dQ 25. 14 Each Cathodic Protection Test Stations Two d,d Eta- Dollars & N a Cents per Each. a$ �D Page 70f 12 0 0 I I I I ITEM APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT TOTAL No. QUANTITY BID PRICE WRITTEN IN WORDS PRICE PRICE 26. 14.5 Acres Grass Seeding and Restoration of Permanent and Temporary Easements (i?c 5ir y Dollars & ND Cents per Acres O. Aso $ /3 _66 27. 0.5 Acres Grass Seeding and Restoration Within State R.O.W. per Highway Department Standards 3 0)i6 Th us ( 7Z-�12EZ= fia,qd�d �i Dollars & Nb Cents per Acres 3.50- as $ TOTAL - WATER IMPROVEMENTS 9$ ? . * Che5k Pipe Material and List Manufacture used for 48", 36" and 24" Water Pipe ✓ C303 Concrete Cylinder Pipe (Pretentioned for 48" and 36" - Bar Wrapped for 24") CL51 Ductile Iron (Polyethylene Wrapped) (Class 1152 is required if depth exceeds 12 feet) Manufacturer: A56h C"ca P Pf2&—^ tc rS * * Chck Pipe Material and List Manufacture used 12" Water Pipe DR - 14, C - 900 PVC Pipe CL51 Ductile Iron (Polyethylene Wrapped) (Class 52 is required if depth exceeds 12 feet) Manufacturer: bi LnA trig j * * * Contractor shall bid either 1or4not both) based upon the type of pipe bid. Manufacturer: CL -g Cdr. Gam, i2.od.c Page 8 of 12 0 0 0 0 Ii 0 I CONCRETE CYLINDER PIPE FITTINGS LIST Add or Subtract for the following concrete pressure pipe fittings including installation: Beveled Joints 1° to 5° Bends 5 ° 01' to 11° 15' 11° 16' to 22° 30' 22° 31' to 45° 00' 45° 01' 10 67° 30' 67° 31' & larger Valve Adaptors GKT x C.I. w/flange outlet & insulated kit C.I. x GKT w/flange outlet & insulated kit Outlets 2" flange w/insulated kit 6" 12" flange or MJ bell flange or MJ bell 24" flange or MJ bell 6" blind flange D 12" blind flange 24" blind flange 0 Ii 0 0 I li I] Adaptors Grade GKT x GKT Closure section Thrust ring Reducers 36" to 24" Plugs Bullhead, GKT Night plug, GKT Dish Head Plug Blind flange plug 24" $ 5.00 $ I' Po, oa $ 0.2o . cv $ /, 0 o . as $ /, 4#30 . uo $ /,o0.co $ ,'o30.i0 305. ao S a 85.az $ rD.eo $ ; 3 8a. w $ . 78 as $ /7/.& $ 63% ca $ S..)& $ /1 2-C . o $ 3S�3.00 $ 8'80. a7, $ ..735,O2 da $ S c/0. a7. 36" 48" $ /.30 , co $ /Y.2 . o 0 /' /S', 0a $ �/.516.ao $ /, 560. 06 $ 2o -b.- $ ..2, Sot. a a $ (, 560. 00 $ /, 36d. do $ 735, as $ /, 9Sa• oa $ /560. vo $ /,V -6o. oa $ 'c2� a�, c' ) $ ., 540.od $ $ $ 3 Sro. ay $ 8oa.00 $ /, .2 Go, cro $ 70, o $ / 70, oa $ 6fo, QO $ / ?S6.0.a cg, $ 9So, cro $ Contractor shall fill in prices (furnish and install) as a part of bid if bidding concrete fittings. Do not complete if bidding ductile iron or gray iron pipe for water lines. The lump sum bid in the proposal shall be payment for all fittings, blocking, labor, etc. necessary for the construction as bid. Should any changes be made after the bid, these prices submitted shall be used to determine the increase or decrease in the value of the lump sum bid. Page 9 of 12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATE INTO THE PROJECT: $ C� �9 6 f'3 • $4, ALL OTHER CHARGES: $ CSC D(71/. S51 * TOTAL: $ / 723. oy * This total must agree with the total figure shown in Part B Proposal. TOTAL AMOUNT BID in the bound contract. For purposes of compling ng with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. NOTE: ONLY THE COPY OF THIS FORM IN THE BOUND CONTRACTS IS TO BE FILLED OUT. Page 10 of 12 0 0 PART B - PROPOSAL (cont.) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond, and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond, or bonds, are not executed and delivered within the time above set forth, as liquidated damages for 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 Department Projects dated January 1, 1978, 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 LIapplicants to the undersigned, are not discriminated against as prohibited by the' terms of City Ordinance No. 7278, as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order by the Owner, and to complete the contract work within 90 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. Ii LI 0 0 0 0 0 0 9 Page 11 of 12 (Complete A or B below, as applicable:) [] A. The principal place of business of our company is in the State of [] Nonresident bidders in the State of , our principal place of business are required to be percent lower than resident bidders by state law. A copy of the statute is attached. [] Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 Respectfully submitted, (SEAL) ��— BY: If Bidder is Corporation. TITLE: (/� �✓��1��%'!�' ADDRESS: OQ GUS 7L5,tZ /LL e�nf9-fJ: T7b0( O Page 12 of 12 City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract Is $25,000 or more, the M/WBE goal is applicable. If the total dollar value of the contract is less than $25,000, the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of MIWBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. MIWBE PROJECT GOALS The City's MBE/WBE goal on this project is 11 % of the base bid value of the contract COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's MIWBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or; 2. Good Faith Effort documentation, or; 3. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. M/WBE Utilization Form: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. 2. Prime Contractor Waiver Form: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. 3. Good Faith Effort Form: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE TO SPECIFICATIONS. Any questions, please contact the M/WBE Office at (817) 871-6104. Rev. 6/2198 ATTACHMENT 1A Page 1of2-, City of Fort Worth Minority and Women Business Enterprise Specifications MBEIWBE UTILIZATION A►G 3,Qos iy UV\Cy, LIME COMPANY NAME Blip DATE s � 4" " n v Tl��> �c4 c, 4e�iTSLAvtS 1 W —1-7 — 0 7 7C) ! `-f U 45-0 PROJECT NAME PROJECT NUMBER . ITY'S MIWBE PROJECT GOAL: M/WBE PERCENTAGE ACHIEVED: iilure to complete this form, in its entirety with supporting documentation, and received by the Managing epartment on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. he undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing - isrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered on -responsive to specifications. Company Name, Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address, and Telephone No. Scope of Work (*) Supplied(*) _ 4 F > O5 X v �� (I)I Z G�} se rvi �-�-s X02, � �- c. a-� t `t V t 2c"tJ -._....-- Vt, ( 21 SUv MWWBEs must be located In the 9 (nine) county marketplace or currently doing business In the marketplace at the time of bid. (•) Specify all areas in which MWBE's are to be utilized and/or items to be supplied: } A complete listing of items to be supplied Is required In order to receive credit toward the M/WBE goal. () Identify each Tier level. Tier. Means the level of subcontracting below the prime contractor/consultant, i.e., a direct payment from the prime contractor to a subcontractor is considered 1" tier, a payment by a subcontractor to its supplier Is considered 2n° tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev. 612/98 ATTACHMENT 1A Page 2 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION Company Name, Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount -- Address, and Telephone No. Scope of Work (*) Supplied(*) O N F o .V,1 ��2-t_76 l Ig ✓ CGEs5 rV►AF Kl� X31-31g� The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding :tual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid. i ne bidder also agrees to allow an audit and/or examination of any books, records and files held by their company :hat will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized ficer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for __rminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and ,eates a material breach of contract may result in a determination of an irresponsible offeror and barred from 3rticipating in City work for a period of time not less than one (1) year. ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD t S p(5/ C,LE Muthorized Signature Printed Signature U,CG P 5rc /f tie Contact Name and Title (if different) ?'1/1 p,Z -ompany Name Telephone Number (s) nl( l - Ad Tess Fax lumber e ( (C- N L, " ..ity/State/Zip Code Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev. 6/2/98 Title ATTACHMENT 1B Page 1 of 1 City of Fort Worth Minority and Women Business Enterprise Specifications Prime Contractor Waiver l 1 l tda{ 7�i2 n�Ky1s r1, Ss %oVk w��k i r� Prime Company Name Project Name �l� VIE kU, ) PUJ 7�-- 0Go'T7o 14O45O Bid Opening Date Project Number If both answers to this form are YES, do not complete ATTACHMENT IC(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Managing Department on or before 5.00 p.m., five (5) City business days after bid opening, exclusive of the bid opening date, will result in the bid being considered non -responsive to bid specifications. Will you perform this entire contract without subcontractors? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Yes '-' No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s) and/or WBE (s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Sig ature Printed Signature Contact Name (if different) 77 3 I8. a� C9mpany Name Contact Telephone Number (s) /5'c5 Crt�T _ 7oW.ni _f l Address Fax Number Rev. 6/2/98 ATTACHMENT IC Page 1 of 3 City of Fort Worth Minority and Women Business Enterprise GOOD FAITH EFFORT Prime Company Name Bid Date ' ' I`�+2f 4 7idG t 11 (�J�ttZ� i�2 sM�s5�6n. fr\ I -' Project Name ftd -77- l oY Project Number If you have failed to secure MIWBE participation and you have subcontracting and/or supplier opportunities or if your MIWBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the MIWBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, I thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. i.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS) which will be used in the completion of this project, regardless of whether it is to be provided by a MIWBE or non- MIWBE. (Use additional sheets, if necessary) List of: Subcontracting Opportunities Ems f1 Th / L List of: Supplier Opportunities Srp N c='" I ATTACHMENT 1C Page 2 of 3 2.) Did you obtain a current list of MIWBE firms from the City's MIWBE Office? The list is considered in compliance, if it is not more than 3 months old from the date of bid opening. Yes No Date of Listing / / ;13 / 3.) Did you solicit bids from MIWBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes If yes, attach M/WBE mail listing to include name of firm and address and a dated No copy of letter mailed. 4.) Did you solicit bids from MIWBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes If yes, attach list to include name of MIWBE firm, person contacted, L- No phone number and date and time of contact. NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide MIWBE name, date, time, fax number and documentation faxed. NOTE: If a SIC list of M/WBE is ten or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If a sic list of MIWBE is more than ten, the bidder must contact at least two- thirds of the list but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? Yes No 6.) If M/WBE bids were received and rejected, you must: (1) List the M/WBE firms and the reason(s) for rejection (i.e., quotation not commercially reasonable, qualifications, etc.) and (2) Attach affidavit and/or documentation to support the reason(s) listed below (i.e.. letters, memos, bids, telephone calls, meetings, etc.) (Please use additional sheets, if necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection ATTACHMENT IC Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain MIWBE participation on this project. 7/S f �/ 7k j47�vr�eEs 1�t WT /mss 13E (r The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the MIWBE(s) listed was/were contacted in good faith. It is understood that any MIWBE(s) listed in Attachment IC will be contacted and the reasons for not using them will be verified by the City's MIWBE Office. Authoriz5f Signature Printed Signature iL Tit)e Contact Name and Title (if different) /7_ / s If c-1 \J'/ LA 3- Company Name Telephone Number(s) Address Fax Number loo J( i CitylStatelZip Date - PART C GENERAL CONDITIONS PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS Cl-1 DEFINITIONS Cl-1.1 Definition of Terms C1-1 (1) C1-1.2 Contract Documents Cl-1 (1) Cl-1.3 Notice to Bidders Cl-1 (2) C1-1.4 Proposal Cl-1 (2) Cl-1.5 Bidder Cl-i (2) C1-1.6 General Conditions Cl-i (2) Cl-1.7 Special Conditions Cl-i (2) C1-1.8 Specifications Cl-1 (2) Cl-1.9 Bond Cl-1 (2) C1-1.10 Contract Cl-1 (3) C1-1.11 Plans C1-1 (3) C1-1.12 City Cl-1 (3) Ci-1.13 City Council Cl-1 (3) Cl-1.14 Mayor Cl-1 (3) Cl-1.15 City Manager Cl-1 (3) Cl-1.16 City Attorney Cl-1 (3) Cl-1.17 Director of Public Works Cl-1 (4) Cl-1.18 Director, City Water Department Cl-1 (4) Cl-1.19 Engineer Cl-1 (4) Cl-1.20 Contractor Cl-1 (4) Cl-1.21 Sureties Cl-i (4) Cl-1.22 The Work or Project Cl-1 (4) C1-1.23 Working Day Cl-1 (4) C1-1.24 Calendar Day Cl-1 (4) C1-1.25 Legal Holiday C1-1 (4) Cl-1.26 Abbreviations Cl-1 (5) Cl-1.27 Change Order Cl-1 (6) Cl-1.28 Paved Streets and Alleys Cl-1 (6) C1-1.29 Unpaved Streets and Alleys Cl-1 (6) Cl-1.30 City Streets Cl-1 (6) Cl-1.31 Roadway C1-1 ('6) Cl-1.32 Gravel Street C1-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site C2-2 (2) C2-2.4 Submitting of Proposal C2-2 (3) C2-2.5 Rejection of Proposals C2-2 (3) C2-2.6 Bid Security C2-2 (3) Cl) C2-2.7 Delivery of Proposal C2-2 (4) C2-2.8 Withdrawing Proposals C2-2 (4) C2-2.9 Telegraphic Modification of Proposals C2-2 (4) C2-2.10 Public Opening of Proposal C2-2 (4) C2-2.11 Irregular Proposals C2-2 (4) C2-2.12 Disqualification of Bidders C2-2 (5) C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3.1 Consideration of Proposals C3-3 (1) C3-3.2 Minority Business Enterpise Women -Owned Business Enterprise compliance C3-3 (1) C3-3.3 Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (2) C3-3.5 Award of Contract C3-3 (2) C3-3.6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds C3-3 (2) C3-3.8 Execution of Contract C3-3 (4) C3-3.9 Failure to Execute Contract C3-3 (4) C3-3.10 Beginning Work C3-3 (4) C3-3.11 Insurance C3-3 (4) C3-3.12 Contractor's Obligations C3-3 (7) C3-3.13 Weekly Payroll C3-3 (7) C3-3.14 Contractor's Contract Administration C3-3 (7) C3-3.15 Venue C3-3 (8) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4.2 Special Provisions C4-4 Cl) C4-4.3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4.6 Schedule of Operations C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans C5-5 (1) CS -5.3 Coordination of Contract Documents C5-5 (2) C5-5.4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work C5-5 (3) C5-5.6 Field Office C5-5 (3) C5-5.7 Construction Stakes C5-5 (3) CS -5.8 Authority and Duties of Inspectors C5-5 (4) C5-5.9 Inspection CS -5 (5) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (5) CS -5.11 Substitute Materials or Equipment CS -5 (5) C5-5.12 Samples and Tests of Materials C5-5 (6) C5-5.13 Storage of Materials C5-5 (6) C5-5.14 Existing Structures and Utilities C5-5 (7) C5-5.15 -nterruption of Service C5-5 (7) C5-5.16 Mutual Responsibility of Contractors C5-5 (8) C5-5.17 Cleanup C5 -S (8) C5-5.18 Final Inspection C5-5 (9) (2) C6-6 C6-6.1 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY Laws to be Observed C6-6 (1) C6-6.2 Permits and Licenses C6-6 (1) C6-6.3 Patented Devices, Materials and Processes C6-6 (1) C6-6.4 Sanitary Provisions C6-6 (2) C6-6.5 Public Safety and Convenience C6-6 (2) C6-6.6 Privileges of Contractor in Streets, Alleys, and Right -of -Way C6-6 (3) C6-6.7 Railway Crossings C6-6 (4) C6-6.8 Barricades, Warnings and Watchmen C6-6 (4) C6-6.9 Use of Explosives, Drop Weight, etc. C6-6 (5) C6-6.10 Work Within Easements C6-6 (6) C6-6.11 Independent Contractor C6-6 (8) C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (8) C6-6.13 Contractor's Claim for Damages C6-6 (1(J) C6-6.14 Adjustment of Relocation of Public Utilities, etc. C6-6 (10) C6-6.15 Temporary Sewer Drain Connections C6-6 (10) C6-6.16 Arrangement and Charges of Water Furnished by City C6-6 (11) C6-6.17 Use of a Section of Portion of the Work C6-6 (11) C6-6.18 Contractor's Responsibility for Work C6-6 (11) C6-6.19 No Waiver of Legal Rights C6-6 (12) C6-6.20 Personal Liability of Public Officials C6-6 (12) C6-6.21 State Sales Tax C6-6 (12) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1) C7-7.2 Assignment of Contract C7-7 (1) C7-7.3 Prosecution of the Work C7-7 (1) C7-7.4 Limitations of Operations C7-7 (2) C7-7.5 Character of Workman and Equipment C7-7 (2) C7-7.6 Work Schedule C7-7 (3) C7-7.7 Time of Commencement and Completion C7-7 (4) C7-7.8 Extension of time of Completion C7-7 (4) C7-7.9 Delays C7-7 (4) C7-7.10 Time of Completion C7-7 (5) C7-7.11 Suspension by Court Order C7-7 (6) C7-7.12 Temporary Suspension C7-7 (6) C7-7.13 Termination of Contract due to National Emergency C7-7 (7) C7-7.14 Suspension of Abandonment of the Work and Annulment of Contract C7-7 (7) C7-7.15 Fulfillment of Contract C7-7 (9) C7-7.16 Termination for Convenience of the Onwer C7-7 (10) C7-7.17 Safety Methods and Practices C7-7 (13) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) (3) C8-8.3 Lump Sum C8-8.4 Scope of Payment CS -8 (1) C8-8.5 C8-8.6 Partial Estimates and Retainage C8-8 C8-8 (1) (2) C8-8.7 Withholding Payment Final Acceptance C8-8 (3) C8-8.8 Final Payment CB -8 (3) CB -8.9 Adquacy of Design CB -8 C8-8 (3) (4) CB -8.10 CB -8.11 General Guaranty C8-8 (4) CB -8.12 Subsidiary Work Miscellaneous Placement of Material C8-8 CB -8 (5) (5) C8-8.13 Record Documents C8-8 (5) (4) PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and Performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS El -White E2 -Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART B - PLANS (Usually bound separately) Cl-]. (1) Cl-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. _PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1 -l.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. Cl-l.€ GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions, the latter shall take precedence and shall govern. Cl-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 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 standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and Cl-1 (2) faithful performance of the contract and include the following: a. Performance Bond (see paragraph c3-3.7) b. Payment Bond (see paragraph C3-3.7) C. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) C1-1.10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. Cl-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross -sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents, but they are a part of the Contract Documents just as though they were bound therein. Cl-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manger, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving th City of Fort Worth is by Charter vested in the City Ma ager. The terms City and Owner are synonymous. C1-1.13 CITY COONCI : The duly elected and qualified governing body of the City of Fort Worth, Texas. Cl-1.14 MAYOR: The Officially elected Mayor, or in his absence, the Mayor Pro em of the City of Fort Worth, Texas. Cl-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the Cifty of Port Worth, Texas, or his duly authorized representati e. Cl-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. Cl-1 (3) C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official o the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1.18 DIRECTOR CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. C1-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department,. or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A Sub -contractor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such on s are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. Cl-1.23 WORKING DAY: A working day is defined as a calendar ay, not including Saturdays, Sundays, which the and legal holidays, in weather or the Contractor permit other conditions the performance not under of the principal the control of unit work for a period of 7:00 not less than seven (7) of hours between a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6. Cl-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Port Worth for observance by City employees as follows: Cl-1 (4) 1. New Year's Day 2. M. L. King, Jr. Birthday. 3. Memorial Day 4. Independence Day 5. Labor Day 6. Thanksgiving Day 7. Thanksgiving Friday 8. Christmas Day 9. Such other days in lieu of holidays as the City Council may determine January 1 Third Monday in January Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 When one of the above named holidays or a special holiday is declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO - American Association of MGD - Million Gallons Per State Highway Transportation Day Officials ASCE - American Society of Civil CPS - Cubic Foot per Engineers Second LAW - In Accordance With ASTM - American Society of Min. - minimum Testing Materials Mono.- Monolithic AWWA - American Water Works • - Percentum Association R - Radius ASA -. American Standards Association I.D. - Inside Diameter HI - Hydraulic Institute O.D. - Outside Diameter Asph. - Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. - Boulevard C - Centigrade CI - Cast Iron In. - Inch CL - Center Line Ft. - Foot GI - Galvanized Iron St. - Street Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard ME - Manhole SY - Square Yard Max. - Maximum L.F. - Linear Foot D.I. - Ductile Iron Cl-1 (5) C? -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 iL more than 25% of the amount of the particular item or items in the original proposal. ' All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. Cl-1.26 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys." C1-1.30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1.31 ROADWAY: The roadway is defined as the area between parallel ines two (2') feet back of the curb lines or four (4') feet back of the average edge of pavement where no curb exists. Cl-1.32 GRAVEL STREET: A gravel street is any unpaved street to which as 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. P. Cl-]. (6) SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and "Financial Statement," all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (108) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date on which are to be received. The Director of the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal C2-2(1) forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. Al]. additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time requi;ed for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the C2-2(2) Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. O2-2.4 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 furnishe the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or Partnership, authorized. If a proposal is submitted by person by 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 seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2 -2.S REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalance value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied y a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2(3) C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver P the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non -consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non -consideration are opened and publicly read aloud, the proposals for which non -consideration requests have been properly filed, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal y telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non -consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2. 11 IRREGULAR PROPOSALS: Proposals shall be considered as 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 I I I C2-2(4) Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be isqualified and their proposals not considered for any of, but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. g. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part 'A' - Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(5) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re -advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman -owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by Owner, to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. C3-3 (1) The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read y the Owner it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to Wthholdfjna1 action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee... The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined foromparjgon of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or the use of inferior materials. This performance C3-3 (2) bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph CB -8.10. c. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current D.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.6 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. No contract shall be binding upon the owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occuring to the Owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the •Work Order' or 'Proceed Order•, it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the :ontract. 3-3.11 INSURANCE: The Contractor shall not commence work inder this contract until he has obtained all the insurance :equir ed under the Contract Documents, and such insurance has )een approved by the Owner. The prime Contractor shall be -esponsible for delivering to the Owner the sub -contractors' C3-3 (4) certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub -contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub -contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Workers' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub -contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers' Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contractor's Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in an amount not less than $500,000 covering each occurrence on account of bodily injury,. including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. c. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above -mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability (covers General Contractor's Liability for acts of sub -contractors). 2. Blasting, prior .to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation (if excavations are to be to 4. Damage to underground utilities for $500,000. C3-3 (5) 5. Builder's risk (where above -around structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). . d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than S250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub -contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. 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.) A11 insurance requirements made upon the Contractor shall apply to the sub -contractor, should the Prime Contractor's insurance not cover the sub -contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and performance, payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the C3-3 (6) City of Fort Worth, Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth -Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort worth -Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other C3-3 (7) 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 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 requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (8) PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4.1 INTENT OF CONTRACT DOCUMENTS• It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then 'Special Provisions' covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such 'Special Provisions' shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4.3 INCREASED OR DECREASED UANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for 'Extra Work.' No allowance will be made for any changes in anticipated profits nor shall such changes be considered as C4-4 (1) 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 or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a "Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. c. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates; (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10% 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 f or the extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method C4-4 (2) suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not bepaid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for 'extra work' whether or not iniitiated by a 'change order' shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result or the change or extra work. C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner's approval thereof, a "Schedule of Operations," showing by a straight line method the date of commencing and finishing each of the major elements of the contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There C4-4 (3) shall be presented also a composite graph showing the anticipated progress of construction with the time being lotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities (including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints, sequencing requirements and completion time. b. The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50,000. Fabrication, delivery and .submittal activities are exceptions to this guideline. C4-4 (4) C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen'(14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and preacceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals. 2. Submittal review periods. 3. Shop fabrication and delivery. 4. Erection or installation. 5. Transmittal of manufacturer's operation and maintenance instructions. 6. Installed equipment and materials testing. 7. Owner's operator instruction (if applicable). 6. Final inspection. C4-4 (5) 9. Operational testing. 10. Final inspection. If, in the opinion of the Owner, work accomplished falls behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. C4-4 (6) PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer 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, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WIT! 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. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5 (1) C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern over specifications, special conditions shall govern over general '-onditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5,4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contract shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to -the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a. resident of Tarrant County, Texas and shall be subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to C5-5 (2) adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the routing. outing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a • response shall occur day or night, whether the project is scheduled on a calendar -day or on a working -day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due the Contractor on the project. CS -5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed,, well heated, air conditioned, lighted, and weather-proof, so that documents will not be damaged by the elements. CS -5.7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. C5 -S (3) These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for the Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost of replacing such stakes or marks plus 254 will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. CS -5.8 AUTHORITY AND DUTIES OF CITY INSPECTORS: City Inspectors will be authorized toinspectall, work aane and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials or equipment to suspend work until the question at issue can be referred to and be decided by the Engineer. The City Inspector will not, however, be.authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work,. nor to issue any instructions contrary to the requirements of ' the Contract Documents. He will in no case act as superintendent or foreman or.perform any other duties for the Contractor, or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents, provided, however, should the Contractor object to any orders or instructions of the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. C5-5 (4) C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents. If the Engineer so requests, the Contractor shall, at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor's expense. No work shall be done or materials used without suitable supervision or inspection. C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein specifically provided, or 'any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner. Work so done may be ordered removed at the Contractor's expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Contractor. Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute, be shall, prior to the preconstruction conference, make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the proposed CS -5 (5) ..3ubstitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written. approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor's expense. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. C5-5.12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion of the Engineer, or as cafled or 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. "he failure of the Owner to make any tests of materials shall De in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of materials, unless otherwise specified, will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not, without specific written permission of the Engineer, use 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 transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contactor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete, using samples from the same aggregate, cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials. C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored so as to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden platforms or other hard, clean durable surfaces and not on the C5-5 (6) ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dl.mensions shown on the Plans relative to existing utilities are based on the best information available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents, in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractors responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances. The Contractor shall take all necessary precautions in order to protect all existing utilities, structures and service lines. Verification of existing utilities, structures and service lines shall include notification of all utility companies at least forty eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. CS -5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosectuion of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department's Distribution Division as to location, time, and schedule of service interruption. C5-5 (7) 2. Notify each customer personally through responsible personnel as to time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's entrance door knob. The tag shall be durable in composition, and in large bold type shall say: "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be inter- rupted on between the hours of _ and This inconvenience will be as short as possible. Thank you, Contractor Address Phone b. Emergency: In the event that an unforeseen service interruption occurs, notice shall be as above,but immediate. C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or neglect on the part O± the Contractor, any other Contractor or any sub -contractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or sub -contractor by agreement or arbitration. If such other Contractor or sub -contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the the satisfaction of the Engineer. Twenty -fours fours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the Contractor fails to correct the C5-5 (8) I unsatisfactory procedure, P 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. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the Contractor for any clean-up required on the project. CS -5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final cleanup performed, the Engineer will notify the proper officials of the Owner and request that the Final inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council. No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. q 9 C5-5 (9) PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea 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 all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges, costs and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6.3 PATENTED DEVICES, MATERIALS AND PROCESSES: If the Contractor is required or desires to use any design, device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from patents, trade -marks, and copy rights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trade -mark or copy right in connection with the work agreed to be performed under these Contract Documents, and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design, type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. C6-6 (1) C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cleanliness and disposal of garbage and waste as will tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance about the work on any property either public or private, and such regulations as are required by Law shall be put into immediate force and effect by the Contractor. The necessary sanitary conveniences for use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor and their use shall be strictly enforced by the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at all times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer at any location, the Contractor shall make arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his own expense, provide all materials and perform all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call boxes, water valves, C6-6 (2) gas valves, or manholes in the vicinity. The owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to become due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and, when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets, alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make 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 shall file with the Engineer a written statement showing all such claims adjusted. C6 -6.6 -PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract, the Contractor will be permitted to use and occupy such portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. Excavated and waste materials shall be piled or 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 C6-6 (3) carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoining work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the railway company as to the methods of performing 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 City. The Contractor shall give the city notice not less than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights and danger signals, shall provide such watchmen, and shall take all such other precautionary measures for the protection of persons or property and of the work as are necessary. Barricades and fences shall be painted in a color that will be visible at night. From sunset to sunrise the Contractor shall furnish and maintain at least one easily visible burning light at each barricade. A sufficient number of barricades shall be erected and maintained to keep pedestrians away from, and vehicles from being driven on or into, any work under construction or being maintained. The Contractor shall furnish watchmen and keep them at their respective assignments in sufficient numbers to protect the work and prevent accident or damage. All installations and procedures shall be consistent with the provisions set forth in the '1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways' issued under the authority of the 'State of Texas Uniform Act Regulating Traffic on Highways', codified as Article 6701d Veron's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. C6-6 (4) The Contractor will not remove any regulatory sign, instructional sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works department, Signs and Markings Division (phone number 8780-8075), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above referenced manual and such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the Permanentsigncan be re -installed, the Contractor shall again contact the Signs and Markings Division to re -install the permanent sign and shall leave his temporary sign in place until such re -installation is completed. The Contractor will be held responsible for all damage to the work or the public due to failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever evidence is found of such damage to the work the Engineer may order the damaged portion immediately removed and replaced by the Contractor at the Contractor's own expense. The Contractor's responsibility for the maintenance of barricades, signs, fences and lights, and for providing watchmen shall not cease until the project shall have been completed and accepted by the Owner. No compensation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposal. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be exercised at all times so as not to endanger life or property. The Contractor shall notify the proper representative of any public service corporation, any company, individual, or utility, and the Owner, not less than twenty-four hours in C6-6 (5) advance of the use of any activity which might damage or endanger their or his property along or adjacent to the work. Where the use of explosives is to be permitted on the project, as specified in the Special Contract Documents, or the use of explosives is requested, the Contractor shall submit notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of such use of explosives. Al]. claims arising out of the use of explosives shall be investigated and a written report made by the Contractor's insurers to the Engineer within ten (10) days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The City shall proceed to give notice to the Contractor of any such claim. The use of explosives may be suspended by the Engineer if any complaint is received and such use shall not be resumed until the cause of the complaint has been addressed. 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. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way or easement privileges as the City may deem necessary for the prosecution of the work. Any additional• rights -of -way or work area considered necessary by the Contractor shall be provided by him at his 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 equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. Dnless specifically provided otherwise, the Contractor shall clear all rights -of -way or easements of obstructions which must be removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor shall be responsible for the preservation of and shall use C6-6 (6) every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences, and to all other public or private property along adjacent to the work. The Contractor shall notify the proper representatives of owners or occupants of public or private lands or interest in lands which might be affected by the work. Such notice shall be made at least 48 hours in advance of the beginning of the work. Notices shall be applicable to both public and private utility companies or any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might affected by the work. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the work, or at any time due to defective work, material, or equipment. When and where any direct or indirect or injury is done to public or private property on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non -execution thereof on the part of the Contractor, be shall restore or have restored at his own cost and expense such property to a condition at least equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better I than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on I either side of permanent easement before the fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross braced posts at point of the proposed I cut in addition to the cross braced posts provided at the permanent easements limits, before the fence is cut. Temporary fencing shall be erected in place of the fencing I removed whenever the work is not in progress and when the site is vacated overnight, and/or at all times to prevent livestock from entering the construction area. The cost for I fence removal, temporary closures and replacement shall be subsidiary to the various items bid in the project C6-6 (7) proposal. Therefore, no separate payment shall be allowed for any service associated with this work. In case of failure on the part of the Contractor to restore such property to make good such damage or injury, the Owner may, upon 48 hour written notice under ordinary circumstances, and without notice when a nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such property as may be determined by the Owner to be necessary, and the cost thereby will be deducted from any monies due or to become due to the Contractor under this Contract. C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties hereto that Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner. Contractor shall have exclusive control of and the exclusive right to control the details of all the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. The doctrine of respondeat superior shall not apply as between Owner and Contractor, its officers, agents, employees, contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between Owner and Contractor. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its officers, agents, servants, and employees from and against any an all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character; whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by alleged negligence on the part of officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner; and said Contractor does hereby covenant and agree to assume all liability and responsibility of Owner, its officers agents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents employees, contractors, subcontractors, licensees and invitees, whether or not caused, C6-6 (8) in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, 'licensees or invitees of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and against any and all injuries,loss or damages to property of the Owner during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses, or invitees of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. If the claim concerned remains unsettled as of the expiration of the above 30 -day period, the contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in 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 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month riod, the Director may r Atthe eC m that the final payment totheContractorbe made. C6-6 (9) expiration of the six month period the Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim compensation 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 hereinabove required, the Contractor's claim for compensation shall be waived, and be shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: In case it is necessary to change, move, or alter in any manner the property of a public utility or others, the said property shall not be moved or interfered with until orders thereupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. 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 L C6-6 (10) received from these temporary connections until such times as the permanent connections are built and are in service. The existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner so that no nuisance is created and so that the work under construction will be adequately protected. C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the Contractor desires to use City water in connection with any construction work, he shall make complete and satisfactory arrangements with the Fort Worth City Water Department for so doing. City water furnished to the Contractor shall be delivered to the Contractor from a connection on an existing City main. All piping required beyond the point of delivery shall be installed by the Contractor at his own expense. The Contractor's responsibility in the use of all existing fire hydrant and/or valves is detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General Contract Documents. When meters are used to measure the water, the charges, if any, for water will be 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 Water Department. C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the opinion of the Engineer, any section or portion of the work or any structure is in suitable condition, it may be put into use upon the written 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. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written acceptance by the Owner as provided for in these Contract Documents, the work shall be under the charge and care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to the work or any part C6-6 (11) thereof by action of the elements or from any cause whatsoever, whether arising from the execution or nonexecution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all injuries or damage to any portion of the work occasioned by any of the hereinabove causes. C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents. Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract Documents or in exercising any power of authority granted thereunder, there shall be no liability upon the authorized representatives of the Owner, either personally or otherwise as they are agents and representatives of the City. C6-6.21 STATE SALES TAX: On a contract awarded by the city of P Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (E) of the Texas Limited Sales, excise, and Use Tax Act, the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to and shall comply with the provisions of State Comptroller's Ruling .011, and any other applicable State Comptroller rulings pertaining to the Texas Limited Sales, Excise, and Use Tax Act. On a contract awarded by a developer for the construction of a publicly -owned improvement in a street right-of-way or other easement which has been dedicated to the public and the City of Fort Worth, an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (E) of the Texas limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same manner stated above. C6-6 (12) Limited Sale, Excise and Use Tax permits and information can be obtained from: Comptroller of Public Accounts Sale Tax Division Capitol Station Austin, TX C6-6 (13) PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, ana with the assistance of workman 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 responsibility and obligation assumed under these Contract Documents. All transactions of the Engineer will be with the Contractor. Subcontractors will be considered only in the capacity of employees or workmen of the Contractor and shall be subject 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. C7-7.2 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. I a If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or otherwise dispose of the contract or his right, title, or interest therein or any part thereof, to any person or persons, partnership, company, firm, or corporation, or does by bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any state, attempt to dispose of the contract may, at the option of the Owner be revoked and annulled, unless the Sureties shall successfully complete said contract, and in the event of any such revocation or annulment, any monies due or to become due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be impracticable and extremely difficult to fix the actual damages. C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction 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 C7-7 Cl) 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 necessary to insure its completion within the time limit. The sequence requested of all construction operations shall be at all times as specified in the Special Contract Documents. Any deviation from scuh sequencing shall be submitted to the Engineer for his approval. Contractor shall not proceed with any deviation until he has received written approval from the Engineer. Such specification or approval by the Engineer shall not relieve the Contractor from the full responsibility of the complete performance of the Contract. The contract time may be changed only as set forth in Section C7-7.8 Extension of Time of Completion" of this Agreement, and a progress schedule shall not constitute a change in the contract time. C7-7.4 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 commenced on any additional section or street. C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the Contractor is 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 Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or C7-7 (2) 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 Owner, and such person or persons shall not be employed again thereon without written consent of the Engineer. All workmen shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on the work all such equipment as is considered to be necessary for prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use. C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the first day of work completed as defined in C1-1.23 'WORKING DAY' or the date stipulated in the "WORK ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work on a specific Saturday, Sunday or Legal Holiday must be made to the Engineer no later than the proceeding Thursday. b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. Calendar Days shall be defined in Cl-1.24 and the Contractor may work as he so desires. C7-7 (3) 07-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will •insure that the whole work will be performed and the premises cleaned up in accordance with the Contract Documents and within the time established in such documents and such extension of time as may be properly authorized by the Owner. C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an extension of time of completion shall be considered only when the request for such extension is submitted in writing to the Engineer within seven days from and after the time alleged cause of delay shall have occurred. Should an extension of the time of completion be requested such request will be forwarded to the City Council for approval . In adjusting the contract time for completion of work, consideration will be given to unforseeable causes beyond the control of and without the fault or negligence of the Contractor, including but limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of sub -contractors due to such causes. When the date of completion is based on a calendar day bid, a request for extension of time because of inclement weather will not be considered. A request for extension of time due to inability to obtain supplies and materials will be considered only when a review of the Contractor's purchase order dates and other pertinent data as requested by the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on schedule. This shall include efforts to obtain the supplies and materials from alternate sources in case the first source cannot make delivery. If satisfactory execution and completion of the contract should require work and materials in greater amounts or quantities than those set forth in the approved Contract Documents, then the contract time may be increased by Change Order. C''-7.9 DELAYS: The Contractor shall receive no compensation delays or hindrances to the work, except when direct and u ..voidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if C7-7 (4) any, which is to be furnished by the city. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work, or by the performance of extra work, or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the contract. C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of the contract. Each bidder shall indicate in the appropriate place on the last page of the Proposal the number of working days or calendar days that he will require to fully complete this contract or the time of completion will be specified by the City in the Proposal section of the contract documents. The number of days indicated shall be a realistic estimate of the time required to complete the work covered by the specific contract being bid upon. The amount of time so stated by the successful bidder or the City will become the time of completion specified in the Contract Documents. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, or 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 day givenin the following schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the Contractor, not as a penalty, but as liquidated damages suffered by the Owner. AMOUNT OF CONTRACT Less than $ 5,001 to $ 15,001 to $ 25,001 to $ 50,001 to $ 100,001 to $ 5,000 inclusive S 35.00 $ 15,000 inclusive $ 45.00 $ 25,000 inclusive $ 63.00 $ 50,000 inclusive $ 105.00 $ 100,000 inclusive $ 154.00 $ 500,000 inclusive $ 210.00 C7-7 (5) $ 500,001 to $1,000,000 inclusive S 315.00 $1,000,001 to $2,000,000 inclusive $ 420.00 $2,000,001 and over $ 630.00 The parties hereto understand and agree that any harm to the City caused by the Contractor's delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult of accurate estimation, and that the "Amount of Liquidated Damages Per Day, as set out above, is a reasonable forecast of just compensation due the City for harm caused by any delay. C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the 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. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisfactory or detrimental to the interest of the project. During temporary suspension of work covered by this contract, for any reason, the Owner will make no extra payment for stand-by time of construction equipment and/or construction crews. If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor as set forth in Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be determined by mutual consent of the Contractor and the Engineer that a solution to allow construction to proceed is not available within a reasonable period of time, then the Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the Engineer C7-7 (6) that constriction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort :North. The Contractor shall not suspend work without written notice from the Engineer and shall proceed with the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: Whenever, because of National Emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, materials, and equipment for the prosecution of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, materials, and equipment not obtainable. if, after investigations, the Owner finds that such conditions existing and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials and equipment within thirty days, the Contractor may request the Owner to terminate the contract and the Owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both he Owner and the Contractor and final payment shall be mad in accordance with the terms of the agreed settlement, which shall include, but not be limited to, the payment for all work executed but no anticipated profits on work which has not been performed. C7-7.14 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 the Contract may be declared cancelled by the City Council for any good and sufficient cause. The following, by way of example, but not of limitation, may be considered grounds for suspension or cancellation: a. Failure of the Contractor to commence work operations within the time specified in the Work •Order issued by the Owner. C7-7 (7) b. Substantial 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. d. Substantial evidence that the Contractor has abandoned the work. e• Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g. Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. b. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. j. If the Contractor shall for any cause whatsoever not carry on the working operation in an acceptable manner. k. If the Contractor commences legal action against the Owner. A copy of the suspension order or action of the City Council shall be served on the Contractor's Sureties. When work is suspended for any cause or causes, or when the contract is 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 `7-7 (8) consent of the Owner, sublet the work or that portion of the work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the Owner for all work performed by them in accordance with the terms of the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become due and payable to the Sureties as the work progresses, subject to all of the terms of the Contract Documents. 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 by 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, materials, labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, and all expenses incidental thereto. The expense so charged shall be deducted by the Owner from such monies as may be due or may become due at any time thereafter to the Contractor under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work. In case such expenses shall exceed the amount which would have been payable under the Contract if the same had been completed by the 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 part of the work is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of the Contract Documents and in such a manner as to not hinder or interfere with performance of the work by the Owner. C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled, save as provided in any bond or bonds or by law, when all the work and all sections or parts of the project covered by the Contract Documents have C7-7 (9) been finished and completed, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER: A. NOTICE OF TERMINATION: The performance of the work under this contract may be terminated by the Owner in whole, or from time to time in part, in accordance with this section, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be effected by mailing a notice of termination to the Contractor specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the Owner regarding such discretionary action. B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Contractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; 4. transfer title to the Owner and deliver in the manner, at the times, and to the extent, if any, directed by the Engineer: C7-7 (10) a. the fabricated or unfabricated parts, work in process, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. 5. complete performance of such part of the work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the Engineer may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the Owner has or may acquire the rest. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the Engineer a list, certified as to quantity and guality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Engineer. Not later than 15 days thereafter, the Owner shall accept title to such items provided, that the list submitted shall be subject to verification by the Engineer upon removal of the items or, if the items are stared, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. C. TERMINATION CLAIM: Within 60 days after notice of termination, the Contractor shall submit his termination claim to the Engineer in the form and with the certification prescribed by the Engineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60 -day period or authorized extension thereof, any and all such claims shall be conclusively deemed waived. C7-7 (11) D. AMOUNTS: Subject to the provisions of Item C7 -7.16(C), the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant hereto; provided, that such agreed amount or amounts shall never exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. No amount shall be due for lost or anticipated profits. Nothing in C7 -7.16(E) hereafter, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. FAILURE TO AGREE: In the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16 (D) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this section the Owner shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. No amount shall be due for lost or anticipated profits. F. DEDUCTIONS: In arriving at the amount due the contractor under this section, there shall be deducted (a) all unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this contract; (b) any claim which the Owner may have against the Contractor in connection with this contract; and (c) the agreed price for, or the proceeds of sale of, any materials, supplies or ` other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to the Owner. G. ADJUSTMENT: If the termination hereunder be partial, prior to the settlement of the terminated portion of this contract, the Contractor may file with the Engineer a request in writing for an I C7-7 (12) equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by the notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the Owner and the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. E. NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter the rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "Suspension of Abandonment of the work and Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work at all times and shall assume all responsibilities for their enforcement. The Contractor shall comply with federal, state, and local laws, ordinances, and regulations so as to protect person and property from injury, including death, or damage in connection with the work. C7-7 (13) PART C - GENERAL CONDITIONS CB -8 MEASUREMENT AND PAYMENT SECTION C8 -B MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items installed. C$-8.2 UNIT PRICES: When in the Proposal a 'Unit Price' is set forth, the said 'Unit Price' shall include the furnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The 'Unit Price' shall include all permanent and temporary protection of overhead, surface, and underground structures, cleanup, 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. C8-8.3 LUMP SUM: When in the Proposal a 'Lump Sum' is set forth, the said 'Lump Sum' shall represent the total cost -f or the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidary work necessary for the construction and completion of all the work to provide a complete and functional item as detailed in the Special Contract Documents and/or Plans. C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the compensation, as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time C8-8 (1) ref ore its final acceptance by the Owner, (except as provided in paragraph CS -5.14) for all risks of whatever description connected with the prosecution of the work, for all 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, copyrights, or other legal reservations, and for completeing the work in an acceptable 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, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfection, or damage shall have been discovered on or before the final inspection and acceptance of work or during 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. C8-8.5 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, or estimate period under the Contract Documents. Not later than the 10th day of the month the Engineer shall verify such estimate, and if it is found to be acceptable and the value of work performed since the last partial payment was made exceeds one hundred dollars ($100.00) in amount, 90% of such estimated sum will be paid to the Contractor if the total contract amount is less than $400,000, or 95% of such estimated sum will be paid to the Contractor if the total contract amount is 5400,000 or greater within twenty-five (25) days after the regular estimate period. The City will have the option of preparing estimates on forms furnished by the City. The partial estimate may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the 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 C8-8 (2) him as a guide in the verification or the preparation of partial estimates. It is understood that the partial estimate from month to month will be approximate 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 sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any monthly estimate if the contractor fails to perform the work strictly in accordance with the specifications or provisions of this contract. C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the construction operations is not in accordance with the requirements of the Contract Documents. C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the Contract Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall notify the Engineer in writing that the improvements are ready for the final inspection. The Engineer shall notify the appropriate officials of the Owner, will within a reasonable time make such final inspection, and if the work is satisfactory, in an acceptable condition, and has been completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment therefor as outlined in C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the Contract Documents and all approved modifications thereof shall have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements, computations, and checks can be made. All prior estimates upon which payment has been made are subject to necessary corrections or revisions in the final payment. C8-8 (3) The amount of the final estimate, less previous payments and any sum that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished 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 City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/or materials have been paid in full, that the wage scale established by the City Council in the City of Fort Worth has been paid, and that there are no claims pending for personal injury and/or property damages. The acceptance by the Contractor of the last or final payment as aforesaid shall operate as and shall release the Owner from all claims or liabilities under the Contract for anything done or furnished or relating to the work under Contract 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 she Contractor of any guarantees or other requirements of the 3ntract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of- the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and C8-8 (4) pay for any damage to other work resulting therefrom which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified andshall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract which shall assure the performance of the general guaranty as above outline. The Owner will give notice of observed defects with reasonable promptness. C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, for each bid item. Surface restoration, rock excavation and cleanup are general items of work which fall in the category of subsidiary work. C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one -tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. CB -8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the site, in good order and annotated t0 show all changes made during the construction process. These shall be delivered to Engineer upon completion of the work. C8-8 (5) I 0 I I J 7 I PART D SPECIAL CONDITIONS I I Section Title SPECIAL CONDITIONS Table of Contents 1. General 2. Specifications 3. 4. Project Designation Equal Employment Provisions 5. Wage Rates 6. Project Location 7. Developer 8. Examination of Site D 9. Pre -Construction Conference 10. Inspection 11. Project Representative 12. Access Routes, Staging Areas and Storage Areas 13. Property Access 14. Plant, Procedure, Methods and Equipment O15. Zoning Requirements 16. Parking of Construction Equipment 17. 18. Property Lines and Monuments Construction Staking 19. Protection of Existing Utilities 20. Existing Structures D 21. Public Utilities and Other Property to be Changed 22. Maintenance and Repairs D 23. Protection of Work 24. Inspection and Control 25. Removal of Defective and Unauthorized Work 26. Coordination with Others 27. Working Hours 28. Completion Time 29. Traffic Control 30. Safety Restrictions - Work Near High Voltage Lines 31. 32. Public Convenience and Safety Protection of Persons and Property 33. Trench Safety 34. Trench Walls 35. Type "C" Backfill 36. Trench Excavation, Backfill and Compaction 1 37. During Construction J 38. Construction Traffic Over Pipe Lines 39. Indemnification 40. Contractor's Responsibility for Damage Claims 41. Right to Audit 42. Worker's Compensation Insurance 43. Statement of Materials and Other Charges D 44. State Sales Tax Exemptions 45. Contractor's Continuing Obligation a 46. Compliance with Laws 47. Waiver of Claims 48. Mechanic's and Materialmen's Lien 0 49. Vendor's Certification 50. Clean-up for Final Acceptance 51. 52. Restoration of Existing Ground line Drainage Channels 53. Excess Material Subsidiary Work 954. 55. Hauling on City Streets 56. Easements 57. Abandonment D 58. Increase and Decrease in Quantities 59. Testing Requirements 0 60. City Furnished Materials 61. Miscellaneous Placement of Materials 62. Non -Metallic Water Pipe Detection 0 63. Concrete Caps 64. Ductile Iron Pipe and Fittings 65. 66. Polyethylene Wrapping Crushed Limestone Backfill 67. Pipe Cleaning 68. Existing Fences Q 69. Class "E" (1500#) Concrete 70. Class "B" (2500#) Concrete 071. Purging and Sterilization of Water Mains 72. Water Pipe 73. Test Borings O 74. Addenda 75. Copies of Plans and Specifications Furnished 76. Pipe Fittings and Specials 9 77. Topsoil Removal, Stockpiling and Replacemen 78. Cathodic Protection/Monitoring System 79. Type of Casing Pipe O80. Seeding and Grass Restoration I I I II I PART D - SPECIAL CONDITIONS u I I 1. GENERAL: This work shall conform to the requirements of the specifications and the details as shown on the Drawings. These Contract Documents are intended to be complementary. Requirements of any of the Contract Documents are as binding as if called for by all. In the event of conflict between the Drawings and the Specifications, the Contractor will be deemed to have assumed the more expensive way of doing the work unless, before submitting a bid, the Contractor shall have asked for and obtained (by addendum) a written decision as to which method or material is intended. In cases of discrepancies, calculated dimensions shall govern over scaled dimensions; special provisions and special specifications shall govern over both general and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. D_____________ 2. SPECIFICATIONS: Construction improvements shall be governed by the following published specifications (except as modified by these Special Conditions): City of Fort Worth Water Department General Contract Documents and General Da Specifications, effective July 1, 1978, with the latest revisions, hereafter referred to as "General Contract Documents (GCD)".. DStandard Specifications for Public Works Construction, North Central Texas - North Central Texas Council of Governments. 0 Standard Specifications for Street and Storm Drain Construction, City of Fort Worth. D Copies of these Specifications may be purchased at the office of the City of Fort Worth, 1000 Throckmorton Street, 2nd Floor, Municipal Building, Fort Worth, Texas, 76102. General Conditions shall be those of the Fort Worth document rather than Division I of the North Central Texas document. The Contractor shall keep copies of applicable specifications on the project site at all times. Where reference is made to specifications compiled by other agencies, organizations or departments, such specifications referred to are hereby made a part of the project specifications. 3 7 U___________________ 3. PROJECT DESIGNATION: Construction under these Special Documents shall be Dperformed under the following City of Fort Worth Project Designations: Water Project No. PW77-060770140450 Department of Engineering No. 2610 0 0 0 0 0 0 0 U. 0 0 a 0 I 4. EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 5. WAGE RATES: The labor classifications and minimum wage rates set forth herein have been determined by the City Council of the City of Fort worth, Texas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any subcontractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates of wages be paid. (Attached) 6. PROJECT LOCATION: The site of the work is in North Tarrant County, west of the intersection of Interstate Highway 35W and Park Gleil Boulevard. The project lies within the city limits of Fort Worth, Texas. 7. ENGINEER: The Contractor is advised that he may c - ntact the Engineer, Bruce F. Dunne P.E., C/O Goodwin and Marshall, Inc.; at (817) 42-4373. 8. EXAMINATION OF SITE: The Contractor acknowledges that he has investigated and satisfied himself as to the conditions affecting the work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, or similar physical conditions at the site, conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor acknowledges that he has inspected the site of the work and is familiar with the soil conditions to be encountered. Any failure by the Contractor to acquaint himself with the available information will not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the work. The Engineer assumes no responsibility for 4 I D D any conclusions or interpretations made by the Contractor on the basis of the information made available by the Engineer. D 9. PRE -CONSTRUCTION CONFERENCE: The successful Contractor, Engineer, and City shall meet for a preconstruction conference before any of the work begins on this project. At this time, details of sequencing of the work, contact individuals for each party, request 9 for survey, and pay requests will be covered. Prior to the meeting, the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an dorderly sequence of project construction. 10. INSPECTION: Inspection of the proposed construction will be provided by the City of 9Fort Worth. Costs for inspection services will be assumed by the City. 011. PROJECT REPRESENTATIVE: The Engineer, the Contractor(s), and any applicable public utilities shall designate a single individual within their organization to act as liaison for the project. This individual shall be aware of the day to day activities on the project, D have authority to make decisions binding on the party, and serve as single point for coordination of activities with the other team members. U 12. ACCESS ROUTES, STAGING AREAS AND STORAGE AREAS: All haul roads and access routes and the location of job site trailers, staging areas, and storage areas shall be subject to the approval of the Engineer. The Contractor shall be responsible for 9 maintaining and repairing all roads and other facilities used during construction. Upon completion of the project all existing roads and other disturbed areas shall be left in a condition equal to that at the time the Contractor commences work on this project. O 13. PROPERTY ACCESS: Access to ro adJjacent erties shall be maintained at all times P P unless otherwise directed by the Engineer. O 14. PLANT, PROCEDURE, METHODS AND EQUIPMENT: The Contractor shall o determine the methods to be employed, the procedures to be followed, and equipment to be used on the work under this contract, subject to the requirements of these specifications and approval of the Engineer. Only adequate and safe procedures, methods and equipment ashall be used. The Contractor shall so arrange his work and provide such plant and equipment as is p necessary in order to meet the progress requirements of the approved time schedule and to complete the work within the period of time as specified in the Construction Agreement. 9 Where the work under this contract requires permits from the City of Fort Worth, the State of Texas, or other public authorities, duplicate copies of such permits shall be furnished to the Engineer by the Contractor before the work covered thereby is started. NO WORK 5 I 0 D WILL BE ALLOWED TO PROCEED BEFORE REQUIRED PERMITS ARE OBTAINED AND DISTRIBUTED. D Only such materials and equipment as are necessary for the construction of the work under this contract shall be placed, stored or allowed to occupy any space at the site of the work. 9 It is expressly agreed that the acceptance or approval of any order of procedure, methods or equipment submitted or employed by the Contractor shall not in any manner relieve the Contractor of responsibility for the safety, maintenance and repairs of any work, or for the 0 construction maintenance and safety of the work hereunder, or from any liability whatsoever on account of any procedure or method employed by the Contractor. O15. ZONING REQUIREMENTS: During the construction of this project, the Contractor shall comply with the present zoning requirements of the City of Fort Worth in the use of Ovacant property for storage purposes. 16. PARKING OF CONSTRUCTION EQUIPMENT: At night and during all other periods 0 of time when equipment is not being actively used on the construction work, the Contractor shall park the equipment at locations which are approved by the Engineer. The Contractor shall provide adequate barricades, markers and lights to protect the Engineer, the City, the D public and other work. All barricades, lights, and markers must meet the requirements of City, State and Federal regulations. 0 17. PROPERTY LINES AND MONUMENTS: The Contractor shall protect all property corner markers, and when any such markers or monuments are in danger of being disturbed, they shall be properly referenced and if disturbed shall be reset at the expense 0 of the Contractor. 018. CONSTRUCTION STAKING: Survey layout, including horizontal and vertical alignments for construction, shall be furnished by the City's Engineer. The Engineer shall furnish staking on a one time basis. The Contractor shall be responsible for protection of the stakes after they are set, and shall be responsible for the replacement of any survey stakes. 919. PROTECTION OF EXISTING UTILITIES: The location and dimensions shown on the plans relative to existing utilities are based on the best records and/or field information available and are not guaranteed by the Engine�r to be accurate as to location and depth. 9 It shall be the Contractor's responsibility to v�rify locations of adjacent and conflicting utilities sufficiently in advance of his activities in order that he may negotiate such restrictive locations with the Owner of the confl cting utility and/or make local adjustments 9 to provide adequate clearances. The Contrac or shall take all necessary precautions in order to protect all utilities and services encountered, whether or not they are indicated on 6 11 I FJ the plans. All damage tb utilities resulting from Contractor's operations shall be restored at his expense. D 20. EXISTING STRUCTURES: The plans show the locations of all known surface and subsurface structures. However, the Engineer assumes no responsibility for failure to show any or all of these structures on the plans, or to show them in their exact locations. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate changes in the lines Dor grades, or requires the building of special work, provisions for which are not made in the plans, in which case, provisions in these specifications for extra work shall apply. 21 PUBLIC UTILITIES AND OTHER PROPERTY TO BE CHANGED: In case it is necessary to change or move the property of a public utility, such property shall not be D moved or interfered with until authorized by the Engineer. The right is reserved for the Owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs of their property that may be made necessary by performance of Dthe Contract. The Contractor shall be responsible for coordination with the Engineer and the City and D all utility companies whose utility lines or streets may be affected by the proposed improvements. The Contractor shall observe the following: a. Prior to any excavation, the Contractor shall determine the locations of all existing water, gas, sewer, electric, telephone, telegraph, television, pipelines and other Dunder ground utilities and structures. b. After commencing work, the Contractor shall use every precaution to avoid D interference with existing underground and surface utilities and structures, and protect them from damage. 1 D c. Where the locations of existing underground aid surface utilities and structures are indicated, these locations are generally appro imate, and all items which may be encountered during the work are not necess ily indicated. The Contractor shall determine the exact locations of all items indicated, and the existence and locations of all items not indicated. d. The Contractor shall repair or pay for all danage caused by his operations to all existing utility lines, public property, and p ivate property, whether it is below ground or above ground, and he shall settle n total the cost of all damage suites which may arise as a result of his operations 1 J 7 I] 7 0 ii 0 II 1 I I 0 0 I I I 0 I I II e. To avoid unnecessary interferences or delays, the Contractor shall coordinate all utility removals, replacements and construction with the appropriate utility company, then request written authorization from the Engineer. The Owner will not be liable for damages due to delay as a result of the above. 22. MAINTENANCE AND REPAIRS: The Contractor shall maintain and keep in good repair all work contemplated under these plans, specifications, and drawings which shall include the maintenance and repair of all existing streets, storm sewer crossings, utility crossings, temporary crossings for access to adjacent property, barricades, lights, and danger signals, and all work which is necessary for the well being of the general public. In the event the Contractor fails in his obligations to properly maintain the work, the City shall make such repairs as are necessary and the cost of such repairs shall be deducted from payment due the Contractor. 23. PROTECTION OF WORK: During performance and up to date of final acceptance, the Contractor shall be under the absolute obligation to protect the finished work against damage, loss or injury. In the event of damage, loss or injury, the Contractor shall promptly replace or repair such work, whichever the City shall determine to be preferable. The obligation to deliver finished work in strict accordance with the contract prior to final acceptance shall be absolute and shall not be affected by the City's approval of or failure to prohibit means and methods of construction used by the Contractor. All risk of loss or damage to the work shall be borne solely by the Contractor until final acceptance of all work by the City, as evidenced by the City's issuance of a certificate of acceptance. 24. INSPECTION AND CONTROL: The acceptance of any item of work or phase of construction will be considered contingent on conditions not changing to the extent that the work is no longer acceptable. Should conditions so change, then the work will be inspected again and approved only after necessary changes are made,. 25. REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work which has been rejected or condemned shall be repaired; or if it cannot be repaired satisfactorily, it shall be removed and replaced at the Contractor's expense. Defective materials shall be immediately removed from the work site. Work done without line and grade having been provided; work done beyond the line or not in conformity with the grades shown on the Drawings or as provided, work done without proper inspection; or any extra or unclassified work done without written authority and prior agreement in writing as to prices, shall be at the Contractor's risk and will be considered unauthorized, and at the option of the City may not be measured and paid for and may be ordered removed at the Contractor's expense. Upon failure of the Contractor to repair satisfactorily or to remove and replace, if so directed, rejected, unauthorized or condemned work or materials immediately after receiving notice from the City, the City will, after giving written notice to the Contractor, have the authority to cause defective work to be remedied or removed J and replaced, or to cause unauthorized work to be removed and to deduct the cost thereof from any monies due or to become due the Contractor: D26. COORDINATION WITH OTHERS: In the event that other Contractors are doing work in the same area simultaneously with this project, the Contractor shall coordinate his Dproposed construction with that of the other Contractors. 27. WORKING HOURS: Work shall normally be performed during a 12 hour work period D each day on Monday through Saturday. Work may be done on Sundays or legal holidays with the written consent of the Engineer. However, if work requiring testing or inspection is done on Sundays or legal holidays, the Contractors shall be responsible for payment of charges at overtime rates of the technicians or inspectors involved. 28. COMPLETION TIME: It is understood and agreed between the parties that time is of the Dessence of the contract. The time period shall commence ten (10) calendar days following written notification from D the Engineer that the Contractor may begin work. In the event of an occurrence which the Contractor feels warrants an extension of time, such as days lost to weather or legal holidays, the Contractor must notify the Engineer (with a copy to the City) in writing Dwithin ten (10) calendar days of his request for extension. The Engineer's decision on requests for extension of time shall be binding on both Contractor and City. The D completion date of the contract will be same date for the City's final acceptance of the improvements. D 29. TRAFFIC CONTROL: It shall be the responsibility of the Contractor to provide traffic control during the construction as required by the State of Texas, the City of Fort Worth and in accordance with the following additional requirements: Da. The Contractor shall be required to furnish barricades, flares, flagmen, etc. , for the protection of the public, employees.and the work, in accordance with the Standards of the Transportation Department of the City of Fort Worth, and the provisions of the Traffic Control Handbook for Construction and Maintenance of Work Areas. Copies of this handbook may be obtained from the Construction Section of the Fort Worth Public Works Department upon payment of a $10.00 deposit. b. The Contractor shall prosecute his work in such a manner as to create a minimum Dof interruption to traffic along adjacent roadways. D c. All signage, markings, lighting, barricades, flagmen and other devices and personnel required for traffic control during construction of the project will not be paid for separately, but shall be considered part of the lump sum contract amount. D 9 D J D d. The Contractor shall not remove any regulatory sign, instructional sign, warning sign, street name sign or any other sign or signal which is currently existing. fl 30. SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following procedures shall be followed for work near high voltage lines on this contract: O a. A warning sign not less than five (5) inches by seven (7) inches, painted yellow with black letters that are legible at twelve (12) feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile driver, Qhoisting equipment or similar apparatus. The warning sign shall read as follows: "Warning - Unlawful to Operate This Equip ent Within Six Feet of High Voltage Lines." b. Equipment that may be operated within ten ( 0) feet of high voltage lines shall have Dan insulating cage guard protecting the boo or arm, except backhoes or- dippers, and insulator links on lift hook connections DC. When necessary to work within six (6) feet of high voltage electric lines, notify the power company who will erect temporary mechanical barriers, de -energize the line, or raise or lower the line. All such work done by the power company shall be at 9 the expense of the Contractor. The Contractor shall maintain an accurate log of all such calls to the power company. d. The Contractor is required to make arrangements with the power company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. e. No person shall work within six (6) feet of high voltage lines without protection measures having been taken as o�itlined in Paragraph c. 31. PUBLIC CONVENIENCE AND SAFETY: In accordance with generally accepted D construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Materials stored about the work site shall be so placed, and the work shall at all times be so conducted, as to cause no greater obstruction to the traveling public than is considered necessary by the City. The materials excavated shall be placed so as not to endanger the work or prevent free access to all fire hydrants, water valves, gas valves,, manholes (telephone, telegraph or electrical conduits, and sanitary sewers) and fire alarm or police call boxes in the vicinity. 10 The City reserves the right to remedy any neglect on the part of the Contractor as regards to the public convenience and safety which may come to the City's attention, after 24 hours notice in writing to the Contract r, save in cases of emergency, when the City shall have J the right to remedy any neglect jvithout notice; and, in either case, the cost of such work done by the City shall be deduct d from the monies due or to become due the Contractor. The Contractor shall notify the pity when any street is to be closed or obstructed. The JContractor shall provide for em rgency vehicle access at all times. Where the work passes over or t Tough private property, the City shall provide such right- of-way. The Contractor shall Lotify the proper representatives of any public utility, corporation, company or indiv dual, not less than 48 hours in advance of work which might damage or interfere witi the operation of their property along or adjacent to the work. The Contractor shall be responsible for all damage or injury to property of any character (except such as may I be required by the provisions of the Contract Documents, or caused by agents or employes of the City) by reason of any negligent act or omission on the part of the Contractor, hi employees, agents or subcontractors, or at any time due to defective work or materials, r due to his failure to reasonably or properly prosecute the work, and said responsibility sh 11 not be released by the fact that the work shall have been completed and accepted. When and where any such dan ige or injury is done to public or private property on the part of the Contractor, he shall restore or have restored at his own cost and expense such property to a condition similar r equal to that existing before such damage was done, by repairing, rebuilding or otherw se restoring as he may be directed, or he shall make good such damage or injury in a mai ier acceptable to the City. In case of failure on the part of the Contractor to restore such p operty or make good such damage or injury, the City may, upon 48 hour written notice u Lder ordinary circumstances, and without notice when a nuisance or hazardous conditi n results, proceed to repair, rebuild or otherwise restore such property as may be detern ned necessary, and the cost thereof shall be deducted from any monies due or to become d e to the Contractor under this contract; or where sufficient contract funds are unavailable f r this purpose, the Contractor or his surety shall reimburse the City for all such costs. 32. PROTECTION OF PERSO 4S AND PROPERTY: 'he Contractor shall have the responsibility to provide and maintain all warning devices and take all precautionary measures required by law or therwise necessary to protect persons and property while said persons or property are pproaching, leaving or within the work site or any area adjacent to said work site. No separate compensation shall be paid to the Contractor for the installation or maintenance of any warning devices, barricades, lights, signs, or any other precautionary measures required by law or otherwise necessary for the protection of persons or property. 7 11 The Contractor shall assume all responsibilities to the general public in connection with the general public's immediate approach to and travel through the work site and the area adjacent to said work site. Where the work is in or adjacent to any street, alley, sidewalk, public right-of-way or public place, the Contractor shall at his own cost and expense provide such flagmen and watchmen and furnish, erect and maintain such warning devices, barricades, lights, signs, and other precautionary measures for the protection of persons or property as may be prudent or necessary, or as required by law. The Contractor's responsibility for providing and maintaining flagmen, watchmen, warning devices, barricades, signs and lights and other precautionary measures shall not cease until the project shall have been completed and accepted by the City, and shall cease when the City notifies the Contractor in writing of final project acceptance. If the City discovers that the Contractor has failed to comply with applicable federal or state laws (by failing to furnish the necessary flagmen, warning devices, barricades, lights, signs or other precautionary measures for the protection of persons or property), the City may order the Contractor to take such additional precautionary measures as required by law to protect persons and property. In addition, the Contractor shall be held responsible for all damages to the work and other public or private property due to the failure of warning devices, barricades, signs, lights or other precautionary measures in protecting" said property; and whenever evidence is found of such damage, the City may order the damaged portion immediately removed and replaced by and at the cost and expanse of the Contractor. 33. TRENCH SAFETY: Per Texas House Bill 1569, effective as of September 1, 1989, it shall be the responsibility of the Construction Contractor to provide and maintain a viable trench safety system at all times during construction activities. The Contractor is directed to become knowledgeable and familiar with the standards as set by the Occupational Safety and Health Administration's (OSHA) for trench safety that will be in effect during the period of construction of the project. Bid items for Trench Excavation Safety Protection is included in the proposal. ii II 34. TRENCH WALLS: The Contractor shall use shoring or a drag box in those areas where it is required to protect existing improvements. This shall be subsidiary to the linear foot cost of the pipe and not a separate pay item. 35. TYPE "C" BACKFILL: Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8*. Such evidence shall be a test report from an independent testing laboratory and must include representative samples 12 11 of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirements. See E1-2.4, Type "C" Backfill, and E2-2. 11 Trench Backfill, City of Fort Worth Water Department General Contract Documents. 36. TRENCH EXCAVATION, BACKFILL AND COMPACTION: Trench excavation and backfill within easements and within existing or future R.O.W. shall be in accordance with Section E1-2 Backfill and E2-2 Excavation and Backfill of the City of Fort Worth Water ] Department's General Contract Documents and Specifications except as specified herein. I a. Trench Excavation: In accordince with Section E2-2 Excavation and Backfill, if the stated maximum Tench widths are exceeded, either through accident or otherwise, and if the Engineer determines that the design loadings of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be confined to the width of permanent rights -of -way, permanent easements and any, temporary construction easements. All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. b. Trench Backfill: Trenches which lie outside of existing or future pavement shall be backfilled above top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include representative samples of soils in all involved areas, with a map showing the location and depth of the various test holes. If excavated material is obviously granular in nature, containing little or no plastic material, the Engineer may waive the test report requirement. See E1-2.3, Type "C" or "D" Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" backfill material is not suitable, at the direction of the Engine Type "B" backfill material shall be used. In general all backfill material! under existing or future streets shall be in 1 accordance with Figures "A" ;and "B". Sand material specified shall be obtained from an approved soirce consisting of durable particles free of 13 than or elongated pieces, lumps of clay, soil, loam, or vegetable matter and shall meet the following graduation: Size Sieve %Retained Size Sieve %Retained #4 0-5 #50 0-50 #16 0-20 #100 60-95 #200 90-100 c. Trench Compaction: All trench backfill shall be placed in lifts per E2-2.9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minimum of 90 % Standard Proctor Density (ASTM D698) by means of jetting or tamping. Trench which lie under existing or future paving shall be backfilled to 95 % Standard Proctor Density (ASTM D698) by jetting, tamping, or a combination of methods. 37. DURING CONSTRUCTION: During construction of the work, the Contractor shall, at all times, keep the site of the work and adjacent premises as free from material, debris and rubbish as is practicable and shall remove same from any portion of the site if, in the opinion of the City, such material, debris or rubbish constitutes a nuisance or is objectionable. In case of failure on the part of the Contractor to maintain a clean site, the City may, upon 24 hour written notice, clean the site, and the cost thereof shall be deducted from any monies due or to become due to the Contractor under his contract; or where sufficient contract funds are unavailable for this purpose, the Contractor or his surety shall reimburse the City for all such costs. 38. CONSTRUCTION TRAFFIC OVER PIPE LINES: The design of the new pipes and the design of the existing pipe have been taken into account and provided for highway live loads. It is apparent, however, that certain construction vehicles could exceed this highway load condition under shallow bury conditions. It will be the responsibility of the Contractor to protect both the new line and the existing lines from these possibly excessive loads. The Contractor shall not at any time cross the existing or new pipe with a truck delivering new pipe to the site. Any damage to the existing or new pipe will be repaired or replaced by the Contractor to the satisfaction of the City. 1, ii In locations where it is not permissible to cross the existing or proposed pipes without additional protection, the Contractor may elect to provide additional protection of the pipes so that more frequent crossings of the pipes are allowed. It still is, however, the responsibility of the Contractor to repair any damage to the existing or proposed lines if the damage results from any phase of his construction operation. 14 1 I I 1 I 39. INDEMNIFICATION: Contractor covenants and agrees to, and does hereby fully indemnify, hold harmless and defend City and Engineer, their officers, agents, servants and employees, and/or owners of the units and lots abutting the units in this Contract from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly r indirectly, the work and services to be performed hereunder by Contractor, its officer, agents, employees, contractors, subcontractors, licensees and invitees, whether or n t caused, in whole or in part, by alleged negligence on the part of officers, agent, servants, employees, contractors, subcontractors, licensees and invitees of the City and Engineer; and said Contractor does hereby covenant and agree to assume all liability and responsibility of City and Engineer, their officers, agents, servants and employees, and/or owners of the units and lots abutting the units in this Contract from and against any and all lawns or suits for property damage or loss and/or personal injury, including death, to any nd all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents,, employees, contractors, subcontractors, liceisees and invitees, whether or not caused, in whole or in part, by alleged negligence on tie part of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the City and Engineer. Contractor likewise covenants and agrees to, and dots hereby fully indemnify and hold harmless City and Engineer from and against any and all injuries, loss or damages to property of the City or Engineer during the performance of any of the terms and conditions of this Contract, whether arising out of or in connecti n with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licensees or- invitees of to City and Engineer. In the event a written claim for damages against the Contractor or its subcontractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the City, as evidenced by a find inspection, final payment to the Contractor. shall not be recommended by the City for a period of 30 days after the date of such final inspection, unless the Contractor shall subt written evidence satisfactory to the City that the claim has been settled and a release 1ias been obtained from the claimant involved. Although the claim concerned remains unsettled at he expiration of the above 30 day period, the Contractor may be deemed to be entitlel to a semi-final payment 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 p;nding against the Contractor arising out of the performance of such work and such ' semi-final payment may then be recommended by the City. The City shall not recommend final payment to a C ontractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance 15 J40 of the work performed unless the Contractor submits evidence in writing satisfactory to the City that: a. The claim has been settled and a release has been obtained from the claimant involved, or b. Good faith efforts have ben made to settle such outstanding claims and such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the City shall recommend that the final payment to the Contractor be made. If Condition (2) above is met at any time within the six month period, the City may recommend that the final payment to the Contractor be made. At the expiration of the six month period, the City 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 City. The Contractor further agrees to comply with all applicable laws, regulations, ordinances, building and construction codes of the City of Fort Worth and the State of Texas, and with any regulations for the protection of workers which may be promulgated by the Government, and shall protect such work with all necessary lights, barriers, safeguards, and warnings as are provided for in said specifications and in the ordinances and regulations of said City. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: "C6-6.12" CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the City; and said Contractor does hereby covenant and agree to assume all liability and responsibility of City, its officers, agents, servants and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real -or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the City. Contractor likewise covenants and V a agrees to, and does hereby, indemnify and hold harmless City from and against any and all injuries, damage, loss or destruction to property of City during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of the officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the Owner. In the event a written claim for damages against the contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended to the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. 3 If the claims concerned remains unsettled as of the expiration of the above 30 -day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in the amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, 3 or; 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six month period, the Director may recommend that final payment to the Contractor be made. At the expiration of the six month period, the Director may recommend that final payment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Water 3 Department Contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. I 17 41. RIGHT TO AUDIT: RIGHT TO AUDIT: Part C - General Conditions MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: "C8-8.14" RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after fmal payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary .Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: 1. 50 copies and under - 10 cents per page. 2. More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter. 42. WORKER'S COMPENSATION INSURANCE: A. Workers Compensation Insurance Coverage a. Definitions: Certification of coverage ("certificate") . A copy of a certificate of insurance a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the contractor providing services on the project, for the duration ofthe project. c. The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity the following: a .certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 19 I J 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, 'if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor s call retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be cor, eyed, and stating how a person may verify coverage and report lack of coverage. i. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.001(44) for all of its employees providing services on the project, 1or the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during tle duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: I (a) a�certificate of coverage, prior to the other person beginning vyork on the project; and 20 I] (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period, shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates -of coverage on file for the duration of the project and for one year thereafter. 6. notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that 'j all employees of the contractor who will provide services on the project will J be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. k. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, .and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: I"REQUIRED WORKER'S COMPENSATION COVERAGE 21 The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other services related to the project, regardless of the identity of their employer or status as an employee. Call the Texas Worker's Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " 1 43. STATEMENT OF MATERIALS AND OTHER CHARGES: The Bidder shall take note of the portion of the Proposal entitled "Statement of Materials and Other Charges". The blank spaces of this portion are not to be filled in by the Bidder at the time of submitting his proposal. This form is included to familiarize the Bidder with the form which the successful Bidder will be required to execute. 344. STATE SALES TAX EXEMPTIONS: Delete Paragraph C6-6.20, "State Sales Tax", in its entirety from Part C, General Conditions, General Contract Documents and Specifications. This contract qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. All equipment and materials not consumed by or incorporated into the project construction are subject to State sales tax under House Bill 11, enacted August 15, 1991. All such taxes shall be included in the various amounts on the Proposal form. The successful bidder shall be required to submit a breakdown between labor and material costs prior to execution of the contract. 45. CONTRACTOR'S CONTINUING OBLIGATION: Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by City, nor the issuance of a certificate of Substantial Completion, nor any payment by City to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by City, nor any act of acceptance by City nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by City pursuant to final payment nor any correction of defective Work by City will constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents. 46. COMPLIANCE WITH LAWS: The Contractor shall fully comply with all local, state and federal laws, including all codes, ordinances and regulations applicable to this contract 1 22 and the work to be done thereunder, which exist or which may be enacted later by governmental bodies having jurisdiction or authority for such enactment. The Contractor shall secure and pay for all permits and licenses necessary for the execution of the work and shall fully comply with all their terms and conditions. Wherever the work under this contract requires the obtaining of permits from the City of Fort Worth, the State of Texas, or other public authorities, duplicate copies of such permits shall be furnished to the Engineer by the Contractor hereunder before the work covered thereby is started. NO WORK WILL BE ALLOWED TO PROCEED BEFORE SUCH PERMITS ARE OBTAINED. All work required under this contract shall comply with all requirements of law, regulation, permit or license. If the Contractor fmds that there is a variance, he shall immediately report this to the City for resolution. 47. WAIVER OF CLAIMS: The making and acceptance of fmal payment will, constitute: a. A waiver of all claims by City against Contractor, except claims arising from unsettled Liens, from defective Work appearing after final inspection or failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not constitute a waiver by City of any rights in respect of Contractor's continuing obligations under the Contract Documents. b. A waiver of all claims by Contractor against City other than those previously made in writing and still unsettled. 48. MECHANICS AND MATERIALMEN'S LIEN: Tie Contractor shall be required to execute a release of mechanics and materialmen's liens upon receipt of payment. 49. VENDOR'S CERTIFICATION: All materials used in construction shall have a vendor's certified test report. Test reports shall be delivered to the City before permission will be granted for use of the material. All vendor's test reports shall be subject to review by the City, and shall be subject to verification by testing of samples of materials as received for use on the project. In the event additional tests are required, they shall be performed by an approved independent testing laboratory and shall be paid for by the Contractor. 50. CLEAN-UP FOR FINAL ACCEPTANCE: The Contractor shall make a final cleanup of all parts of the work before acceptance by the City. This cleanup shall include removal of all objectionable rock and other construction materials, and in general preparing the site of the work in an orderly manner and appearance. 51. RESTORATION OF EXISTING GROUND LINE: It shall be this contractor's responsibility to restore ground elevations to within 0.1 ± foot to that existing at the time 23 this project wasreleased for construction. Any deviations in acceptable subgrade restoration shall be eliminated before final payment on the project is authorized. Payment for this surface restoration shall be subsidiary to the price bid for the pipe in the various bid items throughout the job. No separate payment will be made. 52. DRAINAGE CHANNELS: Where surface drainage channels are temporarily disturbed or blocked during construction, they shall be restored to their original condition, grade and cross section after the construction work is completed. 53. EXCESS MATERIAL: All excess spoil material shall become the property of the contractor and shall be removed from the site and disposed of by the Contractor at his expense. The Contractor shall also comply with all applicable laws governing spillage of debris while transporting to a disposal site. 54. SUBSIDIARY' WORK: Any and all work specifically governed by documentary requirements for the project, such as conditions imposed by the Plans or these Special Provisions, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost' of which shall be included in the various bid items in the Proposal. Costs of permits, traffic control, surface restoration and cleanup are general items of work which fall in the category of subsidiary work. 55. HAULING ON CITY STREETS: The Contractor shall receive approval of his haul routes and type of equipment to be used prior to beginning construction. The Contractor shall be responsible for maintaining the cleanliness of existing paved roadways and shall provide equipment and manpower for that purpose. 56. EASEMENTS: Permanent easements, dedicated to the City of Fort Worth, have been secured for this project and made a part of thereto. When working within the public easements, the Contractor shall, at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the Engineer, the City and all of its offices, agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. Temporary construction easements will be provided if requested by the Contractor, subject to Contractor compliance with the Land Owner's terms of easement dedication and use. The easements shall be cleaned up after use and restored to their original conditions or better. 24 J 57. ABANDONMENT: The City reserves the right to abandon, without obligation to the Contractor, any part of the project, or the entire project, at any time before the Contractor begins any construction work authorized by the City. In case of total abandonment of the project, the contract becomes void. The City may abandon portions of the project at any time during the project duration. In case of such partial abandonment, the Contractor shall not be due any payment for lost or unrealized profits on the abandoned portions of the project. 58. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the proposal are approximate. Final payment will be based on quantities determined by measurement methods described for each work item. When the quantity of work to be done or materials to be furnished under any major pay item or contract is more than 125 % of the quantity stated in the contract, whether stated by City or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work above 125 % of the quantity 1 stated in the contract. When the quantity of the work to be done or materials to be furnished under any major pay item of the contract is less than 75 % of the quantity stated in the contract, whether stated by City or by Contractor, then either party to the contract, upon demand, shall be entitled to negotiate for revised consideration on the portion of work below 75 % of the quantity stated in the contract. This paragraph shall not apply in the event City deletes a pay item in its entirety from this contract. 59. TESTING REQUIREMENTS: Testing shall be conducted in accordance with City of Fort Worth Specifications except as modified in Section D, Special Provisions; Section E, Technical Specifications, or as on the plans. The Contractor shall provide all testing as a subsidiary cost. Copies of all material test data (provided by the manufacturers) and joint testing (provided by the Contractor) shall be provided to the City of Fort Worth. The City of Fort Worth will provide random testing. The Contractor shall coordinate construction with the City and shall provide assistance to the City's testing lab by providing trench safety, excavation, or other work to insure all testing requirements are met. Work performed to accommodate testing will be a subsidiary item and no extra payment will be authorized. All retesting shall be at the expense of the Contractor. As a general guide, the Contractor shall be responsible for providing the following tests: (1) Density and associated tests on embedment and backfill (2) Compressive strength tests on concrete (3) Gradation soil tests on backfill as ma be required (4) Providing test results from manufacturjer as specified in Section E or in City Specifications 25 60. CITY FURNISHED MATERIALS: For this project, the Contractor will be required to furnish all water for initial cleaning and sterilization of water lines, as well as all additional water needed by the Contractor for compaction or any other purpose necessary for this project. Water may be obtained from the existing 36" transmission line along Park Glen Boulevard or from existing hydrants along adjacent roadways. The Contractor shall make the necessary arrangements for purchasing the water from the City of Fort Worth. Note that the City of Fort Worth no longer supplies poly pigs, chlorine gas or chlorinated lime (HTH) for water line testing and cleaning. These items shall be supplied by the Contractor and shall be subsidiary to the cost of the water line. At the completion of this project, the contractor shall give the poly pigs used on this project to the City inspector. 61. MISCELLANEOUS PLACEMENT OF MATERIAL: Material has been allocated under various bid items in the Proposal to establish unit prices for miscellaneous placement of material. These materials shall be used only when authorized by the Engineer in writing depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material° used, measured to the nearest one -tenth unit. Payment for miscellaneous payment of material shall be in accordance with the General Contract Documents regardless of the amount used for the project. 62. NON-METALLIC WATER PIPE DETECTION: Detectable underground utility warning tapes, which can be located from the surface by a pipe detector, shall be installed directly above non-metallic pipe. The detectable tape shall be "Detect Tape" as manufactured by Allen Systems, Inc. or an approved equal, and shall consist of a minimum thickness of 0.35 -mil. solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 -mils. And the width shall not be less than two-inch with a medium unit weight of 2 1/2 pounds per inch x 1,000 feet. The tape shall be color coded and imprinted with the messages as follow: Type of Utility Color Coded Legend Water Safety Precaution Blue CAUTION BURIED WATER LINE BELOW Installation of detectable tapes shall be per manufacturer's recommendations, and shall be as close to the grade as is practical for optimum protection and detectability. Allow a 1 minimum of 18 inches between the tape and the water line. Payment for detectable tapes shall be included in the linear foot price bid for applicable 3 pipe(s). 26 63. CONCRETE CAP: Concrete caps shall be Class E (1500 psi) concrete and shall conform to the detail shown in the construction drawings, and shall be placed where shown on the plans. Payment for work such as forming, placing, and finishing including all labor, tools, equipment and material necessary to complete the work shall be included in the linear foot price bid for Concrete Cap. 64. DUCTILE IRON PIPE AND FITTINGS: Reference Part E2 - Construction Specifications, Section ES -7 Installing Cast Iron Pipe, Fittings, and Specials, Paragraph ES -7. 11 Cast Iron Fittings. Delete this paragraph in its entirety and replace with the following: E2-7. 11 DUCTILE -IRON AND GRAY -IRON FITTINGS: All ductile -iron and gray -iron fittings shall be furnished with cement mortar lining as stated in Section E1-7. The price bid per ton of fittings shall be payment in full for all fittings, joint accessories, polyethylene wrapping and concrete blocking necessary for construction as designed. All bidding contractors shall submit with their bid: a. A complete list of fittings and weight upon which the per ton price bid is based. The weight of each fitting shall include the weight of glands, bolts and gaskets for each joint, as applicable. b. Should the installed fittings vary from the itemized listing submitted with the bid, the per ton price shall be adjusted by the increase or decrease in weight of fittings as installed multiplied by the cost per ton of fittings as bid. c. All ductile -iron and gray -iron fittings, valves and specials shall be wrapped with Polyethylene wrapping conforming to Material Specification E1-13 and Construction Specification E2-13. Wrapping shall precede concrete blocking. Payment for the Polyethylene wrapping will be included in bid items for valves and fittings and no other payment will be allowed. 65. POLYETHYLENE WRAPPING: In accordance with Section E2-13 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 the furnishing and installing pipe complete in place. Polyethylene wrap shall precede blocking. 66. CRUSHED LIMESTONE BACKFILL: Where specified on the plans or directed by the Engineer, crushed limestone shall be used for trench backfill on this project. The material shall conform to Public Works Standard Specifications for Street and Storm Drain 27 Construction, Division 2, Item 208.2, Materials, and Division 2, Item 208.3, Material Sources. Trench backfill and compaction shall meet the requirements of A.-2, Excavation and backfill, Construction Specifications, General Contract Documents. Payment for crushed limestone backfill in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used measured in accordance with Ea. - 2.16, Measurement of Backfill Materials, Construction Specifications and General Contract Documents. 67. PIPE CLEANING: Joints shall be wiped and then inspected for proper installation by the inspectors. Each joint shall be swept daily and kept clean during installation. A temporary night plug shall be installed on all exposed pipe ends during any period of work stoppage. 68. EXISTING FENCES: Temporary displacement of existing barb wire fences will be required in order to facilitate construction of the water line. Contractor shall be responsible for restoring the fence to a condition as good or better than that in which it was found. Contractor shall also take provisions to prevent livestock from exiting the adjacent property through fences that have been opened. Removal and restoration of barb wire fencing shall be considered incidental and shall not be a separate pay item. 69. CLASS "E" (1500#) CONCRETE: Class "E" concrete for miscellaneous placement has been allotted under the appropriate bid item for miscellaneous placement as directed by the Engineer. The cost of this materi 1 shall be determined on the basis of the amount used at the unit price bid in the ProPosalJ measured to the nearest one -tenth cubic yard. Concrete used for horizontal thrust blocking shall be considered subsidiary to price of that particular fitting (Ref. Ea. -20.21). 70. CLASS "B" (2500#) CONC TE: Class "B" concrete has been allocated under the appropriate bid item of the Proposal for miscellaneous placement as directed by the Construction Engineer. The cost of this material shall be determined on the basis of the amount used at the unit price in the Proposal, measured to the nearest tenth cubic yard. .3 71. CLEANING OF WATER MAINS: The water main shall be swept clean of foreign matter by passing a "poly pig" through the pipe from one end of the pipe to the other . This work shall conform to the requirements of Section Ea. -24 of the General Specifications. The Contractor shall be required to provide all necessary labor and equipment including the "poly pig" to perform this work. 72. WATER PIPE: Water pipe for 24" and 36" lines may be constructed using C303 PP Pretensioned Concrete Cylinder pipe or Class 51 ductile iron pipe, polyethylene wrapped 28 (Class 52 is required if depth of pipe exceeds 12 feet). DR -14, C-900 PVC pipe may be used for 12" and 6" water lines when the depth is less than 12'. Each bidder shall check the appropriate block space provided in the Proposal that identifies the material on which this bid is based. Bidders shall bid pipe on the basis of only one type of material. 73. TEST BORINGS: Test borings have been taken for this project by Trinity Engineering Testing Corporation and are included in these documents for your review . Soil investigation data is provided only for information and the convenience of bidders. The City and Engineer disclaim any responsibility for the accuracy, true location and extent of the soils investigation that has been prepared by others. They further disclaim responsibility for interpretation of that data by bidders, as in projecting soil bearing values, rock profiles, soils stability and the presence, level and extent of underground water. Bidders shall make any investigation of existing subsu face conditions as deemed necessary at their own expense. Neither the City nor Engine . will be responsible in any way for additional compensation for excavation work performed under this Contract due to Contractor's assumptions based on subsoil data pre red solely for Engineer's use. 74. ADDENDA: Bidders wanting further information, interpretation or clarification of the Contract Documents must make their request in writing to Goodwin and Marshall, Inc. at least 96 hours prior to bid opening. Answers to all s ch requests will be bound and made a part of the Contract Documents. No other exiplanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omission should he be in doubt as to their meaning, he should Inc. in order that a written addendum may be sent tc be mailed or be delivered to each prospective bidder bidder must be so constructed as to include any adde Inc. prior to 24 hours of the opening of bids with ti so noted in the bid proposal. 75. COPIES OF PLANS AND SPECIFICATIONS I and specifications shall be furnished to the Cont: purposes. Additional sets may be obtained from the to Bidders. 76. PIPE FITTINGS AND SPECIALS: If bidder ind cylinder pipe is to be' installed, the following shall 1. A complete list of fittings ando specials upo P g P 29 from, the Contract Documents, or t once notify Goodwin and Marshall, all bidders. Any addenda issued will The bid proposal as submitted by the da issued by Goodwin and Marshall, appropriate recognition of addenda SHED: Five (5) sets of plans at no charge for construction -ler at the cost quoted in Notice es that C303 Pretensioned concrete submitted with their bid: which the lump sum is bid. 2. Provide a unit price indicating the cost for furnishing and installing each of the various items of fittings and specials, including random lengths of pipe, listed in these documents. The lump sum as bid in 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 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 the Proposal, the price submitted with the Proposal shall be used to determine the increase or decrease in the value of the lump sum of the Proposal, and the Contractor shall be paid on the basis of this adjusted value under that bid item. 77. TOPSOIL REMOVAL, STOCKPILING AND REPLACEMENT: Contractor shall remove 6" of topsoil from limits of construction area, and stockpile the topsoil within the limits of the permanent or temporary easements that have been provided. Upon completion of the pipeline construction, the Contractor shall respread the topsoil on all disturbed areas. Topsoil shall be free of roots, weeds, debris, rocks, and other foreign material. Lightly compact the placed topsoil and properly shape area including the stockpile sites. All work performed under this item shall be included in the linear foot price bid for pipes which price shall constitute payment in full for all labor, equipment, materials and incidentals necessary to complete the work. 78. CATHODIC PROTECTION/MONITORING SYSTEM: A. GENERAL WORK INCLUDED The Contractor shall provide a corrosion protection/monitoring system as shown in the specifications and drawings. This system shall include 'y electrical isolation, continuity bonding (where indicated), test stations, s cathodic protection devices, and all electrical connections and wiring required for a complete and workable system. 2. STANDARDS Except as modified herein, all equipment and materials shall conform to the latest revision of the following standards: American Natural Standards.1Institute (ANSI). Institute of Electrical and Electronic Engineers (IEEE). National Electrical Manufacturers Association (NEMA). 30 I I I I I I 3 n Underwriters' Laboratories (UL). All electrical equipment and materials and the design, construction and installation thereof shall comply with all applicable provisions of the National Electrical Code (NEC) and applicable local codes and regulations. EQUIPMENT, MATERIALS, AND WORKMANSHIP All equipment and materials shall be new and of the highest quality. All work shall be accomplished by. qualified, experienced personnel working under continuous, competent supervision. SUBMITTALS I] 1. Shop drawings/catalog data on flanged gaskets, insulating sleeves and washers, anodes, test stations, etc. I 0 0 11 I 0 I J 2. Record drawings - Record drawings for the system shall be maintained by the Contractor during installation and construction. Exact locations of all test boxes, insulated pipe flange kits, anodes, and buried wires shall be indicated on the Record Drawings. All items of equipment and material shall be properly identified on the record drawings. B. ELECTRICAL ISOLATION 1. INSULATING FLANGES Insulating flange kits shall be installed according to manufacturers recommendations. All flange gaskets shall be 1/8 inch thick, Type -E full-faced flange gaskets, made of rubber and suitable for the pressure class of the adjacent pipe in which they are installed. The insulating half sleeves (full length sleeves cut in half) shall be polyethylene. The insulating washers shall be made of laminated fabric reinforced phenolic. Double washers (steel and phenolic) shall be used on each end. All insulating material shall be of a type designated by the manufacturer as suitable for use under the design conditions. 2. INSULATING FLANGE RESISTANCE 31 0 After installation, the Contractor shall measure the electrical resistance across the flange with an ohmmeter. The minimum acceptable resistance shall be 50,000 ohms. The pipe shall be empty at the time of the test. This test shall be made with at least one side of the flanged joint ungrounded, or a test voltage of 20 millivolts across the flange is acceptable if both sides of the flange joint are grounded. 3.. BYPASSING INSULATING FLANGES 9 Care shall be exercised to avoid bypassing (shorting) the insulating flanges with small diameter piping, instrumentation lines, miscellaneous cable, wire rope, or other metallic objects and electrical "grounds". Where such m tallic piping or conduits are required, they shall be fl electrically insu tted by use of nonmetallic conduits or with approved insulating flange , or bushings. In no case shall an electrical jumper be used across the insula ing flange or joint. 0 4. FOREIGN LIN d The Contractor hall maintain electrical isolation along the right-of-way between the carr r pipe and all foreign metallic structures including but not restricted to me` llic pipelines, cables, and conduits. O5. STEEL CASED CROSSINGS �I Electrical isolatit n shall be maintained between the carrier pipe and all steel cased crossings The Contractor shall inform the Owner's representative upon completioi of each cased crossing. Testing to verify electrical 9 isolation will be erformed and paid for by the Contractor. If the test shows a "shorted" con ition, the Contractor shall at his expense clear the "short". o. The Contractor shall pay for any retesting of "shorted" casing. C. MONITORING ' 1. TEST STATIO S 9 Test stations sh 11 be provided as shown in the drawings. 2. TEST STATIO'IIV TERMINAL BOARD Monitoring station terminal boards shall be provided at each test station as shown in the 4awings. Each terminal board is designed for a specific 32 I 0 I 0 Ii 0 I E. monitoring function. Terminal boards for terminating test leads for test stations shall be made of high dielectric strength polycarbonate resin, such as Lexan. All terminal hardware shall be nickel or cadmium plated. The terminal boards shall be as manufactured by Cott Manufacturing Company of Gardena, California or their approved equal. The terminal board shall be identified by permanent marking equivalent to Dymo tape writer. Permanent marking labels shall state type of test station, and when test station is connecting to foreign lines, labels shall state foreign pipeline size, product and Owner. Test station labels shall also indicate size of carrier pipe and survey station. ELECTRICAL CONTINUITY BONDS Where required, all rubber-gasketed pipe joints except field welded joints and insulating joints, shall be continuity bonded. Two steel bonding clips shall be used per joint as shown in the drawings. The second bonding clip shall be attached no closer than twelve inches from the first bonding clip. The bonded joints shall be inspected and approved by the Owner's representative before coating of the bond area. The bonds shall be covered completely with a proper coating material as shown in the drawings. WIRE AND CABLES FOR TEST STATIONS 0 1. WIRE CONSTRUCTION II J 0 All wire and cables shall be single conductor copper, stranded or welding cable for sizes No. 6 AWG and larger, and solid or stranded for sizes No. 8 AWG and smaller. 2. WIRE INSULATION All wire and cables shall be insulated with 600 volt class insulation with moisture and rot resistant characteristics equivalent to polyvinyl chloride or polyethylene. All wire and cables shall be suitable for direct burial. 3. WIRE SPLICING Wires and cables shall not be spliced. 0 4. WIRE AND CABLE TO CARRIER PIPE CONNECTION 0 33 0 0 7 0 0 D I 0 I Cable to carrier pipe connection shall be installed in the mannerand at locations shown in the drawings. The cable shall be bright, clean and dry. Any mechanically deformed or out -of -round cable shall be repaired by cutting off the defective end. The carrier pipe surface shall be cleaned to white metal by sandblasting, grinding, or filing prior to welding the copper conductor and shall be dry at the time of welding. Notification shall be given to the Owner's representative so an Owner's representative may witness the welding. The copper wire shall be welded to the carrier pipe by the thermite welding process unless otherwise noted. Only sufficient insulation shall be removed from the conductor to allow placement in the welding mold. In thermite welding, the cartridge size shall be kept to the minimum size required to effect the weldment. After the weld has cooled, all slag shall be removed and the weld shall be tested with a sharp blow from a two pound hammer to assure a proper weld. All defective welds shall be removed and replaced at the Contractor's expense. 5. WIRE AND CABLE INSULATION WITH A FLEXIBLE DIELECTRIC Electrical Isolation D A bitumastic coating, or equal, shall be applied over the thermite weld and extend up one inch on the insulation of the AWG cables. All exposed copper wire or cables for direct burial shall be fully insulated with a flexible Ddielectric material. 6. WIRE AND CABLE MECHANICAL BARRIER Flexible dielectric wire and cable insulation shall be covered with a suitable D mechanical barrier covering. Cables and wires shall be circumferentially wrapped with two layers, 50% overlap each, of 3M Scotch 33 electrical tape or equal. The mechanical barrier covering shall extend on each cable D to one inch beyond the 3M Scotch putty. Carrier aqueduct coating shall be repaired with equal coating over the 3M Scotch putty. 9 F. ANODES Anodes shall be prepackaged, high potential magnesium anodes of sizes shown on Dthe drawings and shall be buried at the depths shown in approved conductive backfill material as recommended by the manufacturer. Q 0 34 II Ii 0 G. INSPECTION AND TESTING OF CORROSION MONITORING SYSTEM 11 0 0 I J 0 0 0 I 0 0 I After the pipe has been laid and backfilled, the Contractor will conduct, an inspection and test of the corrosion monitoring system, including the proper installation of anodes, insulating flanges, electrical isolation, electrical continuity of the carrier pipe, and test stations. If any deficiencies of the corrosion protection monitoring system are noted, the Contractor, at his sole expense, shall locate the deficiencies, correct the deficiencies, and pay for any retesting required. H. PAYMENT Payment for cathodic protection test stations shall be per each test station installed, exclusive of wiring. The wiring for the test stations shall be considered as subsidiary to the unit price for the water pipe. Installation of all wiring, anodes, bonding of joints, and installing insulated flanges shall be considered as subsidiary to the unit price for the water pipe and no separate payment shall be made. 79. TYPE OF CASING PIPE: The casing pipe for bored or tunneled section shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provisions of El -15, El -5, and E1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects. The steel casing pipe shall be supplied as follows: a. For the inside and outside of casing pipe, coal -tar protective coating in accordance with the requirements of Sec. 2.2 and related sections in AWWA C- 203. ` b. Touch-up after field- welds shall provide coating equal to those specified above. c. Minimum thickness, for casing pipe used shall be 0.375 inches. Stainless Steel Casing Spacers (centering style) such as manufactured by Cascade Waterworks Manufacturing Company or an approved equal shall be used on all non - concrete pipes when installed in casing. Installation shall be as recommended by manufacturer. Payment for all materials, labor, equipment, excavation, concrete grout, backfill, and incidental work shall be included in the unit price bid per foot. 35 Q 80. SEEDING AND GRASS RESTORATION: Seeding, fertilizing, watering and required maintenance for the grassing of the permanent and temporary easements along with all other disturbed areas during the construction of this project shall be provided as part of this contract. The provisions of Items 120 and 122 of the Standard Specifications shall apply for these items except for any and all disturbance of grassing within State Highway right- of-way which will require restoration per Highway Department Standards. END OF SPECIAL CONDITIONS I 11 0 J 0 J a 0 I I 0 0 I 0 0 I 0 0 0 7 0 0 1 J I 0 0 I PART E MATERIAL SPECIFICATIONS I 0 Li I 0 0 0 a I El 0 0 a LI 0 0 0 PART E - SPECIFICATIONS 1. All materials, construction methods, and procedures used in the water and sanitary sewer portion of this contract shall conform to Section E1, E2 and E2A of the Fort Worth Water Department General Contract Documents and General Specifications, dated January 1, 1978, together with any addition material specification(s), construction(s), or later revision(s). (See revisions listed on this sheet). Sections E1, E2, and E2A of the Fort Worth Water Department General Contract Documents and General Specifications are hereby made a part of this contract document by reference for all purposes, the same as if copied verbatim herein, and such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an official record of the City of Fort Worth. El E2 E2A Revisions as of April 20, 1981, follow: INDEX MATERIAL SPECIFICATIONS CONSTRUCTION SPECIFICATIONS GENERAL DESIGN DETAILS E1-2.4 Backfill: (Correct minimum compaction requirement to 95% Proctor density and correct P.I. Values as follows:) c. Additional backfill requirements when approved for use in streets: 1. Type B Backfill (c) Maximum Plastic index (PI) shall be 8. Type C Backfill (a) Material meeting requirements and having a PI of 8 or less shall be considered as suitable for compaction by jetting. (b) Material meeting requirements and having a PI of 9 or more shall be considered for use only with mechanical compaction. E2-2.11 Trench Backfill: (Correct minimum compaction requirement whenever it appears in this section to 95% Proctor density except for paragraph a. 1 where the "95% modified Proctor density" shall remain unchanged.) 0 0 0 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW QPursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Water Project No. PW77- D060770140450 and Department of Engineering No. 2610. Il CONTRACTOR 0 11, 0 BY: TITLE DATE 0 STATE OF TEXAS COUNTY OF TARRANT QBEFORE ME, the undersigned authority, on this day personally appeared Qknown to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of for the purposes and consideration atherein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1998. a [1 Notary Public in and for the State of Texas a 0 0 EXHIBIT "A' TRACT 1 PROPERTY DESCRIPTION STATE OF TEXAS: COUNTY OF TARRANT: BEING a 2.723 acre tract of land situated in the William McCowan Survey, Abstract No. 999, City of Fort Worth, Tarrant County. Texas, being a portion of that same tract of land as described in deed to Baptist Foundation Of Texas, recorded in Volume 9858. Page 1517 of the Deed Records of Tarrant County. Texas and being more particularly described as follows: COMMENCING at a 5/8" iron rod found in Harmon Road (County Road No. 4105, variable width R.O.W.) at the northwest corner of said Baptist Foundation Of Texas tract; from which a 5/8" iron rod found in the west line of said Harmon Road at the northeast corner of Lot 55, Block I of HUGH WHITE ESTATES, an addition to Tarrant County, Texas as recorded in Volume 388-162, Page 74 of the Plat Record of Tarrant County, Texas, bears N 79'23'10" W, 57.88 feet; THENCE S 00'06'54" W, along said Harmon Road and the west line of said Baptist Foundation Of Texas tract, at a distance of 4320.38 feet passing a 1/2" iron rod found, continuing a total distance of 5983.82 feet to POINT OF BEGINNING of the herein described tract of land; THENCE departing said Harmon Road and the west line of said Baptist Foundation Of Texas tract, traversing said Baptist Foundation Of Texas tract the following: S 89'51'13" E, a distance of 1429.82 feet; N 00'08'47" E. a distance of 15.00 feet; S 89'51'13" E, a distance of 15.00 feet: S 00'0847" W, a distance of 15.00 feet; S 89'51'13" E. a distance of 1482.92 feet; N 00'08'47" E, a distance of 5.00 feet; S 8951'13" E. a distance of 80.00 feet; S 0008'47" W, a distance of 5.00 feet; S 89'51'13" E, a distance of 925.32 to a point in the west line of Interstate Highway No. 35-W (Variable width R.O.W.), from which a Texas Highway Department concrete monument found bears N 00'00'15" E, a distance of 38.50 feet; THENCE S 00'00'15" W, along the west line of said Interstate Highway No. 35-W, a distance of 30.00 feet to at 1/2" iron rod with a plastic cap set, from which a Texas Highway Department concrete monument found bears S 0000'15" W, a distance of 156.50 feet; THENCE N 89'5113" W, departing the west line of said Interstate Highway No. 35—W, traversing said Baptist Foundation Of Texas tract, a distance of 3933.12 feet to a railroad spike in asphalt pavement set in said Harmon Road, said point lying in the west line of said Baptist Foundation Of Texas tract, from which a railroad spike found bears S 0006'54" W, a distance of 523.61 feet: THENCE N 00'06'54" E, along said Harmon Road and the west line of said Baptist Foundation Of Texas tract, a distance of 30.00 feet to the POINT OF BEGINNING and containing 118.618 square feet or 2.723 acres of land. III Ii l 'J/1O 1l OODWDI MARSHALL GINEERS - PLANNERS _ SURVEYORS F;CiMVqIL e Street, Suite 100, Fort Worth Texas 76112 Scale: NONE Sheet 1 Date: APRIL 1999 Job No. = 9597of Drafted S.D.D. Checked: J.S.B. Metro(817)4294373 I EXHIBIT " A u 0 0 I 0 0 J I I 0 0 I ii I 0 0 I 0 TRACT 2 PROPERTY DESCRIPTION STATE OF TEXAS: COUNTY OF TARRANT: BEING a 1.834 acre tract of land situated in the William McCowan Survey. Abstract No. 999, City of Fort Worth, Tarrant County, Texas. being a portion of that same tract of land as described in deed to Baptist Foundation Of Texas, recorded in Volume 9858, Page 1517 of the Deed Records of Tarrant County. Texas and being more particularly described as follows: COMMENCING at a 5/8" iron rod found in Harmon Road (County Road No. 4105, variable width R.O.W.) at the northwest corner of said Baptist Foundation Of Texas tract, from which a 5/8" iron rod found in the west line of said Harmon Road at the northeast corner of Lot 55. Block 1 of HUGH WHITE ESTATES. an addition to Tarrant County. Texas as recorded in Volume 388-162. Page 74 of the Plat Record of Tarrant County. Texas. bears N 79'23'10" W. 57.88 feet; THENCE S 00'06'54" W. along said Harmon Road and the west line of said Baptist Foundation Of Texas tract, at a distance of 4320.38 feet passing a 1/2" iron rod found. continuing a total distance of 6133.82 feet to a railroad spike in asphalt pavement set at the POINT OF BEGINNING of the herein described tract of land; THENCE S 89'51'13" E, departing said Harmon Road and the west line of said Baptist Foundation Of Texas tract, traversing said Baptist Foundation Of Texas tract, a distance of 3933.35 feet to 1/2" iron rod with plastic cap set in the west line of Interstate Highway No. 35-W (Variable width R.O.W.). from which a Texas Highway Department concrete monument found bears N 00'00'15" E. a distance of 188.50 feet: THENCE S 00'00'15" W, along the west line of said Interstate Highway No. 35-W. a distance of 20.00 Texas Highway parthe m nt southeast oncrete moer nument found bein ears Sed 00 tract0 5" Wland, from distance of 16.50 feet; THENCE, departing the west line of said Interstate Highway No. 35—W. traversing said Baptist Foundation Of Texas tract, the following; N 89'51'13" W, a distance of 925.74 feet; S 00'08'47" W, a distance of 15.00 feet: N 89'51'13" W, a distance of 80.00 feet; N 00'08'47" E, a distance of 15.00 feet; N 89'51'13" W, a distance of 2927.65 feet to a point in said Harmon Road. said whichpalnt railying in r ad spikeewest line fond bearsof said Batist Foundation Of Texas S 00'06'54" W. a distance of 3B3 61 tract, from THENCE N 00'06'54" E, along said Harmon Road and the west line of said Baptist Foundation Of Texas tract, a distance of 20.00 feet to the POINT OF BEGINNING and containing 79,867 square feet or 1.834 acres of land. NOTE: THE BEARINGS SHOWN. HEREON ARE REFERENCED TO THE CENTERLINE OF INTERSTATE HIGHWAY No. 35-W (N 00'00'15" E) PER TEXAS DEPARTMENT OF TRANSPORTATION DATA. (300DVa t MARSHALL �€ CML ENGINEERS - PLANNERS - SURVEYORS 6001 Bridge Street, Suite 100, Fort Worth Texas 78112 Metro (817) 429-4373 JOEL S. BARTON Scale 1 NONE Sheet 2 of 5 Date ► APRIL 1999 Job No. 1 9597 Drafted' S.D.D. Checked' J.S.B. EXHIBIT u A a CITY OF FORT WORTH 30' WIDE PERMANENT UTILITY EASEMENT VOL. 11657, PG. 2034 D.R.T.C.T. (D' 120' BAPTIST FOUNDATION OF TEXAS _1 VOL. 9858, PG. 1517 D.R.T.C.T. Z WI 9 _91 v, l GGo�0O ' gg9 oO LL�P5��PG� 30' DRAINAGE UTILITY EASEMENT Q 0 1 I TRACT I EE W I UTILITY EASEMENT ENT 110,618 SQ. FT. m 2.723 ACRES Q U j I 30' WATER LINE EASEMENT (TO BE DEDICATED BY SEPARATE INSTRUMENT) I fl • FUTURE 120 POINT 01 o _ RlGHT-0E-WA1 I BEGINNIN U. TRACT 1 — S 0006_54" W 5983.82' _ _ ,III 120 _ HARMON RO _ (COUNTY ROAD No. 4705 ) I w (VARIABLE WIDTH R. . W. ) - Qa . N 0006'54" E k _ 1- 30.00' �� Lo WNU (SECOND TACT) Ib = ro = EARNEST C. HARRIS I VOL. 4392, PG. 900 o m = JO �QtE OT TEi,, SEE S 4 ( MATCH II; LIlJB c ; �i m I m �`•In v,th�rn rn rn �+; m m !; cv J' 20' DRAINAGE & UTILITY !I EASEMENT m � m m ww O c> U V/LO/77 BAPTIST FOUNDATION OF TEXAS VOL. 9858, PG. 1517 D.R.T.C.T. DRAINAGE AND UTILITY EASEMENT 79,867 SQ. FT. 1.834 ACRES FwR wwr � Q14)-IU �o° om0 POINT OF TRACT2 I iN 00'06'54" E 20.00' RAILROAD SPIKE SET IN ASPHALT (TRACT I) PBK JOINT VENTURE VOL. 8283, PG. 1013 D.R.T.C.T. �/^a OOD'W�I �t MARSHALL CIVIL ENGINEERS - PLANNERS - SURVEYORS 6001 Bdd s Street, SuIe 100, Fort Wonh Texas 76112 Metro(817)429-4373 Scale' I' = 200' Sheet 3 of 5 Date' APRIL 1999 Job No. ' 9597 Drafted' S.D. D. Checked' J.S.B. 0 0 0 0 0 0 0 0 0 0 0 0 0 EXHIBIT " A" CITY OF FORT WORTH 30' WIDE PERMANENT UTILITY EASEMENT VOL. 11657, PG. 2034 D.R.T.C.T. JE P� 9gg CC, �o PS 30' DRAINAGE & UTILITY Y EASEMENT TRACT I DRAINAGE AND UTILITY EASEMENT 118,618 SQ. FT. 2.723 ACRES BAPTIST FOUNDATION OF TEXAS VOL. 9858, PG. 1517 D.R.T. C.T. ci s/�o19? S 00'08'47" W� 15.00' 15' x 15' DRAINAGE & UTILITY EASEMENT S 8951'13" E� 15.00' N 0008'47" EF__- 15.00' SEE SBM 5 rn�Ilpi .-IMAcH ml`Ito LINE _+:1lim m isP tIr W 3 W p Iio)qi ! 10 cmmyin n m.l I Z 00z So Z , 20' DRAINAGE & UTILITY !i' I _ I i!f! EASEMENT 79, 867 SQ. FT. 1.834 ACRES BAPTIST FOUNDATION OF TEXAS VOL. 9858, PG. 1517 D.R.T.C.T. 120' MATCH LINE SEE SIILE≤'I' 3 GooDw- $ MARSHALL g CIVIL ENGINEERS - PLANNERS -- SURVEYORS 6001 Bridge Street, Suite 100, Fort Worth Texas 76112 Metro(817)429-4373 Scale i I' = 200' Sheet 4 of 5 Date i APRIL 1999 Job No. t 9597 . Drafted' S . D .D. Checked' J.S.B. CJ . LJ 0 = © Q c cj c:3 c = cj cj cJ LJ c LJ N OD O c c- c,N 1 o . j;. ,z - CD p.,... a - -� c- N co r II (120' R.O.W. ) tit o zci xlo 0 O En H o xl nZ Nn ooW 'A �'D unmmim OO w O mHZ �D m m 3 -4 _ 3Q OI m o o"; fl m Z¢c' Zc -W -';:i U1 ZO r oa0o H f71 V H I- H � T� -< 11dR?_92' 1 1 S W o OO N 95-r_2927ri s —ci co � o z ao1D cn rnv oW m� 9 nZ p wa�i �� bcn omvnim o - .w ov ma)i zap c (J19.(J1 I I / I �z- ��3 / N n 3 i 1,;V O r —i °Z U < o z/ Or -11 I Dm �CDZ i9�G 1" Iii I D 44 C)�-I � o CD r o -uz �-7-� o� 1'1 _-n �`s o x 12 _ N 7a' 1 0 N � : O , N 0000'15" E I Z D 89'5113" E 925.32' 38.50 S 0000'15" W I O ° 30.00' - 895113" W 3933.12'-- 1/2 IRS CAPPED S 89'5113' E NI 393323' , O1 /1Oc CAPPED 895113" E 3933.35' I — — — . O1 S 00 '15" W 89 1 13=-W-925.74_ s 00 *00'15" w 20.00' 16.50' W I fQ Z O BCD b°c°nc-ioo PC b c s o -4 O-u>Z c-)VHH7�D -Zio v Y 1 D i� b �tnvD I�j�m-�fn. i m o' -no jjc 1 m EXHIBIT 'A11 STATE OF TEXAS: COUNTY OF TARRANT: of Oi 0 III 0 0 ci A ii iii II 11 BEING a 2.770 acre tract of land situated in the William McCowan'Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas, being a portion of that same tract of land as described in deed to Baptist Foundation Of Texas, recorded in Volume 9858, Page 1517 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING at a 5/8" iron rod found in Harmon Road (County Road No. 4105, variable width R.O.W.) at the northwest corner of said Baptist Foundation Of Texas tract, from which a 5/8" iron rod found in the west line of said Harmon Road at the northeast corner of Lot 55, Block I of HUGH WHITE ESTATES, an addition to Tarrant County, Texas as recorded in Volume 388-162, Page 74 of the Plat Record of Tarrant County, Texas, bears N 79'23'10" W, 57.88 feet; THENCE S 00'06'54" W, along said Harmon Road and the west line of said Baptist Foundation Of Texas tract, a distance of 1992.04 feet to a railroad spike in asphalt pavement set: THENCE S 89'53'06" E, departing the west line of said Baptist Foundation Of Texas tract, traversing said Baptist Foundation Of Texas tract, a distance of 60.00 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE S 89'53'06" E, traversing said Baptist Foundation Of Texas tract, a distance of 30.00 feet to the northeast corner of the herein described tract of land; THENCE S 00'06'54" W, parallel to and 90.00 feet east of the west line of said Baptist Foundation Of Texas tract, a distance of 4021.83 feet to the southeast corner of the herein described tract of land; THENCE N 89'51'13" W, traversing said Baptist Foundation Of Texas tract, a distance of 30.00 feet to the southwest corner of the herein described tract of land; THENCE N 00'06'54" E, parallel to and 60.00 feet east of the west line of said Baptist Foundation Of Texas tract, a distance of 4021.82 feet to the POINT OF BEGINNING and containing 120,655 square feet or 2.770 acres of land. NOTE: THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE CENTERLINE OF INTERSTATE HIGHWAY No. 35-W (N 00'00'15" E) PER TEXAS DEPARTMENT OF TRANSPORTATION DATA. 5/10 /99 ((p®®DWIY$ MARSHALL CIVIL ENGINEERS •- PLANNERS - SURVEYORS 6001 Bridge Street, Suite 100, Fort Worth T7 6112 Scale 1 NONE Sheet 1 of 2 Date APRIL 1999 Job No.' 9597 Drafted S . D . D. Checked' J.S.B. - • Metro (817) 429-4373 0 EXHIBIT " A' 11 0 0 0 Q 0 0 0 0 0 I l J I J N 79'23'10' W (COUNTY ROAD No. 4105 ) LOT 44 i 57.88' (VARIABLE WIDTH R.O.W. ) BLOCK I HARMON ROAD (GOLDEN HEIGHTS ROAD) IRFI 5/8' 1RF LOT 55 I I. PQINt OF BLOCK I 1 o COMMENCIN HUGH WHITE ESTATES VOL. 388-162, PG. 74 Ig P.R.T.C.T. BLOCKS PROPOSED ELEVATED Lo WATER TOWER SITE I o �- o ' POINT OF BEGINNIN I I S 8 53'06" E RR SPIKE SET S 8953'06" 60.00' HICKS ROAD - 35W INVESTMENTS, L.P. VOL. 9948, PG. 1341 D.R.T.C.T. FUTURE 120' - RIGHT -OF -WAY BAPTIST FOUNDATION OF TEXAS 'Th- VOL . 9858, PG. 1517 D.R.T.C.T. o 30' WATER LINE EASEMENT 120,655 SQUARE FEET 2.770 ACRES 8 g9' (SECOND TRACT ) ( I 'I 30' DRAINAGE & UTILITY EARNEST C. HARRIS I I N 69.5113" W VOL. 4392 , PG . 900 I EASEMENT (TO BE DEDICATED BY I 30.00' SEPARATE INSTRUMENT) D.R.T.C.T. I _ _ _ _ - - - - - - -PRGPGSED- ' ��_ PARK GLEN BOULEVARD (TRACT I) I - PBK JOINT VENTURE' I CITY OF FORT WORTH VOL. 8283, PG. 101 1 30' WIDE 20' DRAINAGE & UTILITY D . R . T . C . T. i I PERMANENT UTILITY EASEMENT EASEMENT (TO BE DEDICATED 1 I 1 VOL. 11657. PG. 2034 BY SEPARATE INSTRUMENT) D.R.T.C.T. GIoDw1'$ MARSHALL 9 CIVIL ENGINEERS - PLANNERS - SURVEYORS 6001 Bridge Street, Sufe 100, Fort Worth Texas 76112 Metro(817)429-4373 IChecked: Scale: I' = 200' Sheet 2 of 2 Dale: APRIL 1999 Job No. t 9597 Drafted $ S.D.D. J.S.B. LOG OF BORING NO. B-1 Project Description: 24 -Inch Northside Water Transmission Line Location: Northeast corner I'35W @ Park Glenn Blvd. Surface El.: > to to i a �c�. �� > >, ' u O 35. � p a F 3 �$ U U oq w o d C6 MATERIAL DESCRIPTION m U U a z - 0CLAY, , w angu ar limestone gravel, i.o - brown — — — — — - - , w imestone boulders, brown -gray & tan, - interlayered w/clay - 5 - 10 tan - 15 brown - 20 - 25 - 30 - 35 gray Completion Depth: 35 ft. Date Boring Started: 5/11/99 Date Boring Completed: 5/11/99 Engineer / Geologist: D. James Project No.: D99-2274 Trinity Engineering The stratification lines represent approximate strata boundaries. Testing Corporation In situ, the transition may be gradual. -I-I--I- - I - -4- -4- - --4- - +- -4--I-.. -I- -4-4--I--I- -4- -4- - -- - +- -I-- - Remarks: Boring advanced without drilling fluid using continuous flight auger. Boring dry 1 hr. after completion. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 at LOG OF BORING NO. B-2 Project Description: 24 -Inch Northside Water Transmission Line Location: Southeast corner 135 W @ Park Glenn Blvd. Surface El.: N U o Ls. Z •o .� MATERIAL DESCRIPTION x �' 0 A CLAY, w angu ar limestone gravel, yellow -brown & tan 4.0' - — - — — - — , re - rown & yellow -brown 5 — H 10 gray -brown - 15 (;LAY, dark brown, organic - 20 A-5 LAY, w/anguTTimestone red -brown, gray -brown & 1il - w/some shalt' clay layers iii Completion Depth: 36 ft. Date Boring Started: 5/11/99 Date Boring Completed: 5/11/99 Engineer Geologist: D. James Project No.: D99-2274 -1- -1 - t - I - - I - --4 - -~ - -4.-- 4- - I- - 1 - a -I-I-1-1 7 ? L[ICI-] brown, Remarks: Boring advanced without drilling fluid using continuous flight auger. Boring dry 1 hr. after completion. Trinity Engineering The stratification lines represent approximate strata boundaries. Testing Corporation In situ, the transition may be gradual. LOG OF BORING NO. B-3 Project Description: 24 -Inch Northside Water Transmission Line Location: Plan construction line on Harmon Rd., —300 ft. north of Hicks Rd. Surface El.: 0 MATERIAL DESCRIPTION AY, wllimestone gravel, brown tan, weathered, very hard, moderately to well cemented 5 10 Completion Depth: 10 ft. Date Boring Started: 5/11/99 Date Boring Completed: 5/11/99 Engineer / Geologist: D. James Project No.: D99-2274 Trinity Engineering Testing Corporation .y 00 'mow .O ^-' �� �w > 'C V U tCp U O.N O.? O O p Co `o U ai a a •�° a.. U O U Remarks: Boring advanced without drilling fluid using continuous flight auger. Boring dry 10 min. after completion. The stratification lines represent approximate strata boundaries. In situ, the transition may be gradual. LOG OF BORING NO. B-4 Project Description: 24 -Inch Northside Water Transmission Line Location: Plan construction line on Harmon Rd., 1,500 ft. south of Hicks Rd. Surface El.: o OO 111 � a a o o w - o y N o aUi x U v a z MATERIAL DESCRIPTION 0 A- CLAY, w imestone gravel, brown —5 a , ga141�, yellow -brown 10 Jy..i.I 10.0- _,_ _, _ _,_ _, _ _ _ _ _ I_ _I Completion Depth: 10 ft. Remarks: Boring advanced without drilling fluid using continuous flight Date Boring Started: 5/11/99 auger. Boring dry 10 min. after completion. Date Boring Completed: 5/11/99 Engineer Geologist: D. James Project No.: D99-2274 Trinity Engineering The stratification lines represent approximate strata boundaries. Testing Corporation In situ, the transition may be gradual. 0 0 0 II 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LOG OF BORING NO. B-5 Project Description: 24 -Inch Northside Water Transmission Line Location: Plan construction line, intersection Harmon Rd. w/Park Glenn Blvd. Surface El.: •w I. �3 .- O qiFo a3 y vi x U d M MATERIAL DESCRIPTION 0 -A1 CLAY, w imestone gravel, yellow -tan • & yellow -brown —5 I— 10 Completion Depth: 10 ft. Date Boring Started: 5/11/99 Date Boring Completed: 5/11/99 Engineer / Geologist: D. James Project No.: D99-2274 Trinity Engineering The stratification lines represent approximate strata boundaries. Testing Corporation In situ, the transition may be gradual. - 1- -1 - + - 1- -1 - -I - - - -4-- - +- -I--- -1 - a Remarks: Boring advanced without drilling fluid using continuous flight auger. Boring dry 10 min. after completion. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LOG OF BORING NO. B-6 Project Description: 24 -Inch Northside Water Transmission Line Location: Plan construction line, Park Glenn Blvd. sta. 15+00 Surface El.: a~ _ ! HR4 .: ro vc Bon w A a°H ,�,3 2 RS y v G.N F C is = MATERIAL DESCRIPTION x U a 0 • CLAY, wllimestone gravel, dark brown 1.o, CLAY, w imestone gravel, yellow -tan - - — - — _ & yellow -brown —5 , snaty, gray, sun to very — 10 Completion Depth: 10 ft. Date Boring Started: 5/11/99 Date Boring Completed: 5/11/99 Engineer / Geologist: D. James Project No.: D99-2274 Remarks: Boring advanced without drilling fluid using continuous flight auger. Boring dry 10 min. after completion. Trinity Engineering The stratification lines represent approximate strata boundaries. Testing Corporation In situ, the transition may be gradual. 0 0 0 0 0 0 0 0 0 0 0 0 0 :i LOG OF BORING NO. B-7 Project Description: 24 -Inch Northside Water Transmission Line Location: Plan construction line, Park Glenn Blvd. sta. 29+25 Surface El.: - C y .o ( Z a MATERIAL DESCRIPTION x 0 A1 CLAY,w/limestonegravel,brown o, -A2 CLAY, w imestone gravel, yellow -tan — — — • & yellow -brown _ 5 - 1 - -1 - f - 1- -1 - - - -4- - -•- - 4- - 1- - 1 _ J —10 —i i 1o. -1— -1 — _ 1- —1- -J - —L _L L - I— -I — J Completion Depth: 10 ft. Remarks: Boring advanced without drilling fluid using continuous flight Date Boring Started: 5/11/99 auger. Boring dry 10 min. after completion. Date Boring Completed: 5/11/99 Engineer / Geologist: D. James Project No.: D99-2274 Trinity Engineering The stratification lines represent approximate strata boundaries. Testing Corporation In situ, the transition may be gradual. 0 I I I I 0 J I I 1 I J I I 7 I GENERAL NOTES DRILLING AND SAMPLING SYMBOLS: U Thin -Walled Tube - 3" O.D., Unless otherwise noted A Auger Sample S Split Spoon - 2" O.D., Unless otherwise noted W Wash Sample C Continuous Core Sample P Push Sample T THD Cone penetrometer D Denison Sample RELATIVE DENSITY CONSISTENCY OF COARSE -GRAINED SOILS: OF FINE-GRAINED SOILS: Penetration Resistance Relative Blows/foot Hand Penetrometer Readings. Consistency Density 0-4 Very Loose tsf <1 Soft 4-10 Loose 1-2 Firm 10-30 Medium Dense 2-3 Stiff 30-50 Dense 3-4 Very Stiff over 50 Very Dense 4.5+ Hard TERMS CHARACTERIZING SOIL STRUCTURE: Slickensided Having inclined planes of weakness that are slick and glossy in appearance. Fissured Containing shrinkage cracks, frequently filled with fine sand or silt; usually more or less vertical Laminated Composed of thin layers of varying color and texture. Interbedded Composed of alternate layers of different soil types. Calcareous Containing appreciable quantities of calcium carbonate. Well graded Having wide range in grain sizes and substantial amounts of all intermediate particle sizes. Poorly graded Predominantly of one grain size, or having a range of sizes with some intermediate size missing. NOTE: Slickensided and fissured clays may have lower unconfined compressive strengths because of planes of weakness or cracks in the soil. The consistency rating of such soils are based on penetrometer readings. DEGREE OF WEATHERING: Unweathered Rock in its natural state before being exposed to atmospheric agents. Slightly weathered Noted predominantly by color change with no disintegrated zones. Weathered Complete color change with zones of slightly decomposed rock. Severely weathered Complete color change with consistency, texture, and general appearance approaching soil. SUBSURFACE CONDITIONS: Soil and rock descriptions on the boring logs are a compilation of field data as well as from laboratory testing of samples. The stratification lines represent the approximate boundary between materials and the transition can be gradual. Water level observations have been made in the borings at the times indicated. It must be noted that fluctuations in the groundwater level may occur due to variations in rainfall, hydraulic conductivity of soil strata, construction activity, and other factors. l C:\Fonns\Report\gen notes.doc I II 1 it I 1 I PART F - BONDS I it 0 u I ki 0 Ii 0 I 0 0 u I I 0 0 I C CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date: NAME OF PROJECT: PROJECT NUMBER: IS TO CERTIFY THAT: 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 accordance with 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 Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury: Liability Insurance (Public Ea. Occurrence: $ Liability) Property Damage: Ea. Occurrence: $ Blasting Ea. Occurrence: $ Collapse of Building or structures adjacent to Ea. Occurrence: $ excavations Damage to Underground Utilities Ea. Occurrence: $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea. Person: $ Ea. Occurrence: $ Property Damage: Ea. Occurrence: $ Bodily Injury: Contractual 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 provided that they may not be changed or canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or cancellation. Where applicable local laws or 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 Fort Worth Agent By Address Title I I DCERTIFICATE OF INSURANCE TO: Date: NAME OF PROJECT: 24 -Inch Northside III Water Transmission Main, Harmon Rd Tank to IH35W U________________________________ PROJECT NUMBER: D.O.E. #2610; Water #PW77-060770140450; n THIS IS TO CERTIFY THAT U (Name and Address of Insured) is, at the of this certificate, insured by this Company with respect to the business operations hereinafter described, for the type of insurance and in accordance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. 0 0 II J 0 0 0 J TYPE OF INSURANCE Policy No. Effective Expires Limits of Liability Workers' Compensation Comprehensive General Bodily Injury: Liability Insurance Ea. Occurence: (Public Liability) Property Damage: Ea. Occurence: Blasting Ea. Occurence: Collapse of Buildings or structures adjacent Ea. Occurence: to excavations Damage to Underground Ea. Occurence: Utilities Builder's Risk Comprehensive Bodily Injury: Automobile Ea. Person: Liability Ea. Occurence: Property Damage: Ea. Occurence: Contractural Liability Bodily Injury: Ea. Occurence: Property Damage: Ea. Occurence: Other Locations covered: Descriptions of operations covered: UThe above polices 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 Address 0 By Title 11 3085 0 0 0 0 I 0 n 0 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A Labor Code Section 406.096, Contractor certifies that it provides workers' compensation insurance coverage for all its employees employed on city of Fort Worth Project Number PW77- 060770140450 STATE OF TEXAS § 0 COUNTY OF TARRANT § a I PATE BROTHERS CONSTRUCTION INC. NTRACTOR By: d4454_ G...- DOU AS BISBALLE VICE PRESIDENT Title JULY 27, 1999 Date BEFORE ME, the undersigned authority, on this day personally appeared DOUGLAS BISBALL9 known to me be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of pATF. RRc)S _ for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE tIis 27 day of DJULY .1999 0 0 0 0 0 , MELANY A. WATS0N No Publ c in and f r : LiL MV COMMISSION EXPIRES the State of Texas June 7, 2001 MELANY A WATSON 7 Bond 48155-25-34 PERFORMANCE BOND 7 THE STATE OF TEXAS 0 I COUNTY OF TARRANT Id KNOW ALL MEN BY THESE PRESENTS: That we (1) PATE BROTHERS CONSTRUCTION, INC. a (2) CORPORATION of TEXAS, hereinafter call Principal, and (3) Federal Insurance Company a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: NINE HUNDRED FORTY-EIGHT THOUSAND SEVEN HUNDRED TWENTY-FIVE AND NO/100........... (5948.725.00) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS of: OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 20' of JULY, 1999 a copy of which is hereto attached and made a part hereof, for the construction of: 24 -INCH NORTHSIDE III TRANSMISSION MAIN designated as Project No. (s) PW77-060770140450, a copy of which contract is hereby attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the "work". NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. F1 I U 0 Ii 0 C PROVIDED FURTHER, that if any legal action filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts each one of which shall be deemed an original, this the 20� of JULY. 1999. A T: PATE BROTHERS CONSTRUCTION. INC. PRimCIPAL (4) BY: ga isballe Title: VieViee President (SEAL) 780 W. MANSFIELD HWY KENNEDALE, TX 76060 U _________________________________ (Address) FEDERAL INSURANCE COMP Witness as to Principal Surety afl Address BY ATTEST: (Att rney -fact) (5)Elaine Lewis CHAPMAN SIMMONS CY, INC. (Surety) Secretary 4200 RESEARCH FOREST DRIVE, SUITE 200 '.-THE WOODLANDS, TX 77381 (Address) (SEAL) 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,. WitnessastoSuiy Diana Stigleman Chapman Simmons Agency, Inc. (Address) 4200 Research Forest Drive, Suite 200 The Woodlands, TX 77381 U � F2 C 0 0 I I I 0 0 0 I 0 0 0 0 [I I POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903-2000 Fax No.: (908) 903-3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Roy E. Simmons, Scott D. Chapman, Donna Heckmann Lee and Elaine Lewis of Conroe, Texas ----------------------------------------------- each its true and lawfulAttomey-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 21st day of January 19 98 FEDERAL INSURANCE COMPANY £JL1� 4- • NLi enneth . Wendel �Fr nk Robe on Assistant Secretary Vice President STATE OF NEW JERSEY I ss. County of Somerset On this 21st day of January 1998 , before me personally came Kenneth C. Wendel to me known and by me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of 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 Frank Robertson and knows him to be the Vice President of said Company, and that the signature of said Frank Robertson subscribed to said Power of Attorney is in the genuine handwriting of said Frank Robertson and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal ""'"""' r• k, : sy=: Acknowledged and Sworn to before me NOT"a" •; on he date above w ' n. 4NFWJE SF `s 'p'tmwuuu`° otary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Form 15.10.0183 (Ed. 8.95) GENERAL WENDIE P. WALSH Notary Public, State of New Jersey No. 0054504 Commission Expires April 18,1998 C CERTIFICATION U STATE OF NEW JERSEY County of Somerset I, the undersigned, Assistant Secretary of 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 and that this By -Law is in full force and effect. "ARTICLE XVIII. 0 Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which 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 designations, 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. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chair- man, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signa- ture and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business 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 the law. I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect. Given under my hand and the seal of said Company at Warren, N.J., Corporate Seal this °20th day of _July y , 19 99 Assistant Secretary O 0 0 I 0 D Bond #8155-25-34 0 1I 0 0 0 0 PAYMENT BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) PATE BROTHERS CONSTRUCTION, INC. a (2) Corporation of Texas, hereinafter call Principal, and (3) Federal Insurance Company , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all person, firms, and corporations who may furnish materials, for or perform labor upon the building or improvements hereinafter referred to in the penal sum of: NINE HUNDRED FORTY-EIGHT THOUSAND SEVEN HUNDRED TWENTY-FIVE AND NO/100......... ($948,725.00) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly to these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 20TH day of JULY A.D. , 1999 a copy of which is hereto attached and made a part thereof, for the construction of: 24 -INCH NORTHSIDE III TRANSMISSION MAIN Project No. (s) PW77-060770140450 a copy of which is hereto attached, referred to and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the "work". Q NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160, Revised Civil Statutes of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. Q F10 Q Q Q 0 ii I 0 0 THE 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 5160 of the Revised Civil Statutes. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of addition to the terms of the contract or to the work to be performed thereunder or the specification s accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts each one of which shall be deemed an original, this the 20' day of JULY A.D., 1999. AT,LJTh/ (Principal) Secretary Witness as to Principal Address ATTEST: (Surety) Secretary (SEAL) WitnessWitnessastoSuretv Diana Stigleman Chapman Simmorfs Agency, Inc. 4200 Research Forest Drive, Suite:200 PATE BROTHERS CONSTRUCTION. INC. RIN IP BY: o a1salle Title: Vie President 780 W. MANSFIELD HWY KENNEDALE, TX 76060 (SEAL) (Address) FEDERAL INSURANCE COMP BYJA/)7CkZ (Attorn -in-f ct) (5) . Elaine Lewis CHAPMAN SIMMONS ENCY, INC. (Address) 4200 RESEARCH FOREST DRIVE, SUITE 200 THE WOODLANDS, TX 77381 (Address) NOTE: Date of Bond must not be prior to date of contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual, as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney -in -Fact.. T Addre of lands, TX 77381 C I I I I I I I I POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903-2000 Fax No.: (908) 903-3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Roy E. Simmons, Scott D. Chapman, Donna Heckmann Lee and Elaine Lewis of Conroe, Texas ----------------------------------------------- each its true and lawfulAttomey-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town,�Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 21st day of January 19 98 FEDERAL INSURANCE COMPANY [1 �i4.C•a • enneth . Wendel -Fr nk Robe on Assistant Secretary Vice President STATE OF NEW JERSEY I ss. County of Somerset I I 0 0 0 I On this 21st day of January 1998 , before me personally came Kenneth C. Wendel to me known and by me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of 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 Frank Robertson and knows him to be the Vice President of said Company, and that the signature of said Frank Robertson subscribed to said Power of Attorney is in the genuine handwriting of said Frank Robertson and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal sr ." P. y ; Acknowledged and Sworn to before me NOTARv ''; on he date above w ' n. �• Quauc ayNfW JERa`• otary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Forth 15-10-0183 (Ed. 685) GENERAL WENDIE P. WALSH Notary Public, State of New Jersey No.0054E04 Commission Expires April 18, 1898 0 CERTIFICATION U STATE OF NEW JERSEY County of Somerset I, the undersigned, Assistant Secretary of 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 and that this By -Law is in full force and effect. "ARTICLE XVIII. 0 Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which 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 designations, 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. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chair- man, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signa- ture and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." 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 the law. 1, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect. Given under my hand and the seal of said Company at Warren, N.J., Corporate Seal this '20th day of July 19 99 itL, Assistant Secretary Q Lii I 0 0 I 0 0 Bond #8155-25-34 i:i MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That (1) PATE BROTHERS CONSTRUCTION, INC., as fl Principal, acting herein by and through (2) a Corporation its duly authorized and (3) Federal Insurance Company a corporation organized under the laws of the State of TEXAS, as surety, do hereby acknowledge themselves to be held and bound to pay unto the fl City of Fort Worth, A Municipal Corporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort Worth, in Tarrant County, Texas the sum of 0 0 I 0 0 0 C 0 a a I NINE HUNDRED FORTY-EIGHT THOUSAND SEVEN HUNDRED TWENTY-FIVE AND NO/100........... ($948,725.00) in lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however; that, WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth, JULY 20, 1999, the performance of the following described public work and the construction of the following described public improvements: 24 -INCH NORTHSIDE III TRANSMISSION MAIN of same being referred to herein and in said contract as the Work and being designated as project PW77- 060770140450 and said contract, including all of the specifications, conditions and written instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof, the same as if set out verbatim herein; and , WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during the period One (1) Year after the date of the fmal acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of One (1) Year; and, WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruct said work as herein provided. 0 d d 0 r I 1 0 0 0 0 0 0 NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these presents shall be null and void, and have no force or effect. Otherwise this Bond shall be and remain in full force and effect, and said City shall have and recover from the said Contractor and its surety damages in the premises prescribed by said Contract. This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS, all parties covenant and agree that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas; and, IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each one of which shall be deemed an original, dated JULY 20, 1999. ATTEST (Princip ) ecretary (Seal) Witness as to Principal (Address) ATTEST: (SEAL) 4200 THE (Surety) Secretary PATE BROTHERS CONSTRUCTION INC. PRINCIPAL (4) BY: Doug1d Bisballe Title: Vice President 780 W. MANSFIELD HWY KENNEDALE, TX 76060 (Address) FEDERAL INSURANCE COMPANY uretq BY )I! CHAPMAN S�y-' 5) NG. Lewis RESEARCH FOREST DRIVE 4 - WOODLANDS, TX 7738](Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation, a partnership or an Individual, as case may be (3) Correct name of Surety U. (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. pp Witness as to Sure Diana Sti gleman Cha an Simmons Agency, Inc. 420Research Forest Drive, Suite 200 The Woodland, TX 77381 Q 0 F6 US I I I 0 II C C 0 0 I I I I I 0 0 I I POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903-2000 Fax No.: (908) 903-3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Roy E. Simmons, Scott D. Chapman, Donna Heckmann Lee and Elaine Lewis of Conroe, Texas ----------------------------------------------- each its true and lawful Attomey-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 21st day of January 19 98 Assistant Secretary FEDERAL INSURANCE COMPANY BY �F nk Robe on Vice President STATE OF NEW JERSEY I ss. County of Somerset On this 21st day of January 1998 , before me personally came Kenneth C. Wendel to me known and by me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of 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 Frank Robertson and knows him to be the Vice President of said Company, and that the signature of said Frank Robertson subscribed to said Power of Attorney is in the genuine handwriting of said Frank Robertson and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal ,.�°"""" - P was ''- Acknowledged and Sworn to before me ft... ' r+o,AAv n ate above w ' n. NEWJe% / 414b,,µU4�N","`,``,` otary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Form 15.10-0103 (Ed 695) GENERAL WENDIE P. WALSH Notary Public, State of New Jersey No.0054504 Commission Expires April 18. 1998 L CERTIFICATION STATE OF NEW JERSEY ss. County of Somerset I, the undersigned, Assistant Secretary f 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 and that this By -Law is in full force and effect. "ARTICLE XVIII. Section 2. All bonds, undertakings, con�racts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its chartrto execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Cha rman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attorneys -in -fact designated in any resolution of the Board of Directors or he Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any suci 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. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chair- man, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signa- ture and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." 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 the law. I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect. Given under my hand and the seal of said Company at Warren, N.J., Corporate Seal ci I L C I C this 20th day of _ July 19 99 G! Assistant Secretary a 0 I I PART G - CONTRACT 0 THE STATE OF TEXAS § 0 COUNTY OF TARRANT § fl THIS CONTRACT, made and entered into JULY 20, 1999 by and between the City of Fort Worth, a home -rule municipal corporation located in Tarrant County, Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed "OWNER", and fl PATE BROTHERS CONSTRUCTION CO. of the City of KENNEDALE County of TARRANT and State of TEXAS, Party of the Second Part, hereinafter termed "CONTRACTOR". 0 WITNESSETH: That for and in consideration of the payments and agreements hereinafter Q mentioned, to be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said party of the First Part (Owner) to commence and complete certain improvements described as follows: 24 -INCH NORTHSIDE III TRANSMISSION MAIN 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, superintendent, labor, bonds, insurance, and other accessories and services necessary to complete the said construction, in accordance with all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and printed or 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 parts of the Contract Documents hereto attached, including the Fort Worth Water Department General Contractor Documents and General Specifications, all of which are made a part hereof and collectively and constitute the entire contract. U 0 0 0 0 0 Gl III The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete same within the time stated in the proposal. The Owner agrees to pay the contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents and all approved modifications thereof, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in 8 counterparts in the year and say first above written. II a 0 0 City of Fort Worth, Texas (Owner) Party of the First p BY: ASST. City Manager PATE BROTHERS CONSTRUCTION CO. 780 W. MANSFIELD HWY KENNEDALE, TX 76060 Contractor By: Title: DOUGL S BISBALLE, VICE PRES APPROVED: JAG t A. Douglas Rademaker, P.E. Director Department of Engineering CW CW ATTEST: (Seal) WITNESSES: Approved as to Form and Legality: Gary Stet Berger, Asst. City Attorney ` /753/ Contract Authorization 7— c 0 9 Date II City of Fort Worth, Texas "Cloor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/20/99 **C-17531 30PATE 1 of 2 SUBJECT AWARD OF CONTRACT TO PATE BROTHERS CONSTRUCTION, INC. FOR THE CONSTRUCTION OF 24 -INCH NORTHSIDE III TRANSMISSION MAIN RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract in the amount of $948,725 with Pate Brothers Construction, Inc. for the construction of the 24 -inch Northside III water transmission main from the future Harmon Road elevated storage tank site to Interstate Highway 35W. DISCUSSION: The 24 -Inch Northside III water transmission line is ultimately planned to extend from the Eagle Mountain Water Treatment Facility to the far north Fort Worth area to meet increasing water demand. The phase to be constructed will commence at a future elevated storage tank on Harmon Road located north of Hicks Road and west of IH-35W, and extending south to future Park Glen Boulevard. It will then turn eastward along Park Glen Boulevard and will terminate at IH-35W. The design and construction of this phase is a part of a settlement agreement with the Southern Baptist Foundation resulting from the condemnation of land required for the Park Glen Boulevard/IH-35W interchange. The water facility must be constructed by June 2000 under the terms of the settlement agreement. This project was advertised for bid in the Commercial Recorder on May 20 and 27, 1999. On June 10, 1999, the following bids were received: BIDDER Pate Brothers Construction. Inc. S. J. Louis Construction, Inc. Kenko Inc. d/b/a McGrand & Associates William J. Schultz, Inc. d/b/a Circle "C" Construction TGR Constructors, Inc. Oscar Renda Contracting, Inc. Conatser Construction, Inc. Wright Construction, Inc. Bowles Construction Company Jackson Construction, Inc. !1 Le1u1 I $ 948,725 $1,060,097 $1,077,285 $1,081,826 $1,150,791 $1,158,360 $1,198,535 $1,240,377 $1,334,085 $1,442,682 Pate Brothers Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 7% M/WBE participation on this project and documenting good faith effort by utilizing M/WBE's in all of their subcontracting opportunities, where M/WBE's were available. The City's goal on this project is 11%. In addition to the contract amount, $30,000 is required for contingencies, and $25,000 is required for staff support and review. City of Fort Worth, Texas "Agor ad Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/20/99 **C-1 7531 30PATE 2 of 2 SUBJECT AWARD OF CONTRACT TO PATE BROTHERS CONSTRUCTION, INC. FOR THE CONSTRUCTION OF 24 -INCH NORTHSIDE III TRANSMISSION MAIN This project is located in COUNCIL DISTRICTS 2 and 4. The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commercial Paper -Water Fund. MG:k Submitted for City Manager's Office by: Mike Groomer 6140 FUND ACCOUNT CENTER AMOUNT CITY SECRETARY (to) APPROVED APPROVED 91TY COUNCIL JUL 20 1999 J City Cityof Fort Worth, Texas Originating Department Head: A. Douglas Rademaker 6157 (from) PW77 541200 060770140450 $948,725.00 Additional Information Contact: A. Douglas Rademaker 6157