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Home My WebLink About025153 - Construction-Related - Contract - Prose Backhoe & Utilities, Inc.� � � � � � � � � �' � ' � � � � �. 1 � � EXECUTED � ClTY COPY �ECRETARY - � 5- � � 1 • � � � SPECIFICATIONS CON RACTENO Yp��/`T-.J AND CONTRA.CT DOCUMENTS fT�I.� � 10" METER WATER METER TO SERVE THE CITY OF SAGINAW DOE # 2462 n WATER PROJECT NO.: PW77-060770250020 KENNETH L. BARR MAYOR LEE C. BRADLEY JR., P.E., DIRECTOR WATER DEPARTMENT PREPARED BY WATER DEPARTMENT �x BOB �'ERRELL CITY MAI�(�GER , � C�C��a�O�� Q[��C�G�D ��`� ��rQf�i�° °�� 8 NY �%C"� ° "� U'��a ..t � � � '� � 'I. � ��. � � �I D � D Q � � � � SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 10" METER WATER METER TO SERVE THE CITY OF SAGINAW DOE # 2462 KENNETH L. BARR MAYOR WATER PROJECT NO.: PW77-060770250020 LEE C. BRADLEY JR., P.E., DIRECTOR WATER DEPARTMENT PREPARED BY WATER DEPARTMENT BOB TERRELL CITY MANAGER I ��P�E, 0 F T�'�°,�o�' .* �, `� *� �..:. DOO.:�..�...... 'Ot. 58586 �•' ',�'•. ,P :' S ��i�'o�;sS�1STEP • ' � �e►►.�ONAI. � ii/' 1 � %� �'� �� I-�i L� 4'� TABLE OF CONTENTS � � I�� L�� I� 1. 3. 4. 5. 6. 7. 8. 9. 10 11 12 Notice to Bidders Special Instructions to Bidders Part B-Proposal Minority and Women Business Enterprises Specifications Part C-General Conditions Part D-Special Conditions Certificate of Insurance Contractor Compliance With Worker's Compensation Law Performance Bond Payment Bond Maintenance Bond Part G-Contract �� I� u � � � � � L■1 � � � L�] �� I L�J � NOTICE TO BIDDERS Sealed proposals for the following: 10" WATER METER TO SERVE THE CITY OF SAGINAW WATER PROJECT NO.: PW77-064770250020 DOE # 2462 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be nreceived at the Purchasing Office until 1:30 P.M., Thursday, February 18, 1999, and then �`� publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Contract � Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of documents will be provided to prospective bidders for a deposit of $20.00; � 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 dollars ($20.00) per set. � � LJ � � � � � � � Bid security is required in accordance with the Special Instructions to Bidders. A pre-bid conference will be held at 2:00 P.M., Wednesday, February 10, 1999, in the Water Department Conference Room 225, 2"d Floor City Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM andlor the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within forty-nine (49) days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by conta.cting the Department of Engineering at (817) 871-7910. _ In accord with City of Fort Worth Ordinance No. 11923, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of the City - Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRA.CTOR WAIVER FORM andlor the GOOD FAITH EFFORT FORM L�J � I � � � � � � � � � � 1 � � � 1. � � ("Documentation") as appropriate. The managing department must receive the Documentation no later than 5:00 p.m., iive (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 your bid non- responsive. For additional information, contact Roy Teal @ 871-8472. BOB TERRELL CITY MANAGER Advertising Dates: January 21, 1999 January 28, 1999 ALICE CHURCH CITY SECRETARY Water Department Lee C. Bradley Jr., Director B �`� Y v Engineering Manager � 'u L� LJ � LJ i L�J LJ L�J SPECIAL INSTRUCTIONS TO BIDDERS 1) PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or 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 financial status to the submitting company. This statement must be current and not more than one (1} year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it � must reflect the experience of the frm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. � l!'� � LJ L+�J L�J L� � � c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualif cation to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. • fl Any proposals submitted by a non-prequalified bidder shall be retumed unopened, and if inadvertently opened, shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents i�� L _i I� L!J � � withiri ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury List, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety mus� 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. 3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred (100%} percent of the contract price will be required, Reference C 3-3.7. 4. WAGE RATES: Not less than the prevailing wage rates established by the City of � Fort Worth, Texas, and as set forth in the Contract Documents must be paid on this proj ect. D 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. L*J � L�J L!' � � L�J � L�J � �' � 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the 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 in 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 in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is $25,000.00 or less, the contract amount shall be paid within forty-five (45) calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the � Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees, program participants or subcontractors, while engaged in perfortning 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 � LJ �sJ I� L!1 u � C L�I L�J L�J � bases of a bona iide occupational qualification, retirement plan or statutory rec�uirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontr�ctors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirements. � . Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of 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 andlor its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of � Fort Worth Ordinance No. 11923, the City of fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obta.ined from the Office of the City � Secretary. In order for a bid to be considered responsive, the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with the bid. Failure to submit the completed AFFIDAVIT STATEMENT � shall render your bid non-responsive. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTR.ACTOR 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 awas made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. � 12. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise � � LJ � (MBE) on the contract and payment thereof. Contractor further agrees to pertnit any audit and/or examination of any books, records or files in its possession that will a substantiate the actuaI work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract Q and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor � being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. L�J Revised 9/24/97 � L�1 � � � r� �� LJ LJ Ir� LJ C 0 �� 0 �� 0 � � � L�J � I� � �� PART B - PROPOSAL � � � PART B - PROPOSAL � This proposal must not be removed from this book of Contract Documents. � TO: Bob Terrell Fort Worth, Texas o City Manager Fort Worth, Texas � PROPOSAL FOR: The furnishin of all material g s, except materials specified to be � furnished by the City, equipment and labor for the installation of a 10" Water Meter & Vault and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: � PROJECT NAME: 10" WATER METER TO SERVE THE CITY OF SAGINAW � Water Project No.: PW77-060770250020 Department of Engineering No.: 2462 � Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, Q� the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully � complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the City Engineering Department of the City of � Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Perforrnance Bond, Pa�ment Bond, Maintenance Bond, and such other bonds, if any, as may be required by t ze Contract Documents for the � performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: � � L�I L] B-1 D � � � � � � � Q � U � � D � � � 4J � � ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT (Furnish and install, including all appurtenant work, complete in place, the following items) (D-No. refers to related items in the Part D Special Conditions:) 1. 6 L.F. 6-Inch Ductile Iron Pipe Class 51, D-16,D-17; Per Linear Foot: Twa �u•, d�td�'a r-�u -si•t and r� a Dolla.rs $ <f � . e o Cents 2. 35 L.F. 10-Inch Ductile Iron Pipe Class 51, D-16,D-17; Per Linear Foot: one fhdusc�ndsix hund�c� ��N Dollazs $ y� •�� and � o Cents 3. 80 L.F. 12-Inch Ductile Iron Pipe Class 51, D-16,D-17; Per Linear Foot: �/� �e �iv uS0.n d ,,e.�Jh �-/�un�d ,j'a r-�y Dollars $ �/ �. � o and h o � Cents 4. 1 EA. 6-Inch Gate Valve w/ Cast Iron Box and Lid, D-15; Per Each: ��'V�Q. �MaL�o� Dollars $ �"00,°a and �'10 Cents 5. 1 EA. 10-Inch Gate Valve w/ Cast Iron Box and Lid, � D-15; Per Each r, i � �u,cn-� d.c� � Dollars $ �00 , ° v an� h o Cents : $ � �t2 � v $ �� a o $�3�y�. �o 00 $ Soo . $ �0�. �� 1 ��I �� I� 1 � �. � � � � � � � � � � � � � 7. : � 10 11. 12 2 EA. 12-Inch Gate Valve w/ Cast Iron Box and Lid, D-1 �; Per Each Tcua �i�usa��Q�J� /�ur�d�a� Dollars $ /OSD .� o $ � �a � a v and /I a Cents 2 Tons Cast Iron/ Ductile Iron Fittings, D-16; Per Ton 7h� �hOUSand �r�2e �1 und.�d� Dollars and ,� o Cents $ / (Q S0. ° ° $ � 3 0 0 • ° ° 1 EA. Standard Fire Hydrant, 3'-6" Bury Depth; Per Each 0�� uSQ�df/vo fivad��.fi�� Dollars and „v Cents $l�Sd •° � $ /a SO . o � 3 V.F. Fire Hydrant Bbl. Extension; Per Vertical Foot: , .S � v pn �tu.n dred �� C��/ Dollars and h o Cents $�SO .°� $ 7S0 , o 0 2 EA. 12" X 10" Tapping Sleeve and 10-Tnch Valve with Box; For Ductile Iron or PVC Main D-15, D-18; Per Each �33�o ad $��ao ��D 5,'x ,�yeus�nd seuen h.ur�d�pa' �en�U Dollazs and y� � � Cents 1 EA. 2-Inch Service Tap to main w/ Ball Valve; Per Each �'�� huno��seven � S/ Dollars and na � Cents $5 �0 -° v $ 5-70 � o 2 EA. 3I4-Inch Service Tap to main w/ Ball Valve; Per Each N�'n� hund�e� S�X�-r/ Dollars � and ►�o Cents $ ,� �'� e0 $ �/� � B-3 � � � � � � � �� I �I �� II �� I � � �II 13 14. 15 16. 10 C.Y. Crushed Limestone, as directed by the Engineer, D-13; Per Cubic Yard T��. �.�� . �- y Dollars $ 3 a . ° " and �o Cents 120 L.F. Trench Safety System, D-14; Per Linear Foot: 7U� � h�nd�� '-�-j/ Dollars � and � e Cents $ 02 , � 1 EA. 10" Turbo Meter Installation with Concrete Vault Per Drawing (Meter to be furnished by City) D-25; Per Each $3ao�°G $ �4�Q•° � $/7, 300 �� /� ,3oO.° ° �.Seven�een fhnusand �#ree hundt�ollars and n o Cents 1 EA. 12" Double Check Assembly Installation with Concrete Vault Per Drawing D-35; Per Each $!St d�4,�� $l�a�0.°D �bttr`l-Cp►1 �1-kU�SAn�L �4�o hu.nd�ec� e�fh.�-�I Dollars �. . and � o Cents TOTAL BID AMOUNT `• . $ .�� 7�� , � o L � I�l PART B - PROPOSAL (Cont.) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the a 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 S% is to become the property of the City of Fort Q Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. J u L�J � �1�� u The undersigned bidder certified 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 the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by Ciiy Ordinance No. 7400. � The Bidder agrees to begin construction within 10 calendar days after issue of the work Q order, and to complete the contract within 30 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. �� I �I �'� C� �I �I L' (Complete A or B below, as applicable:) J 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. Non resident 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. p B-5 � � � � � � � � � � � N � I � � � � � I(we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1(Initials) (,� Addendum No. 3(Initials) Addendum No. 2(Initialsl Addendum No. 4(Initials) (Seal) Date: z- � 43 � `� Respectfully submitted, �rose ��r�K ha� �- l-C f,'!, ��'�5, L.�. C By. ��s-�-- Titie ►nana��r Address �-t� . + �ax 9 2, o �s�-��N , %x 7(o a y � Telephone�a4p� 4� `� — a-� � � :. �� 1+!J �1 � � � � � L�J I� � i!J � � � u MINORITY AND WOMEN BUSINESS ENTER.PRISES SPECIFICATIONS � City of Fort Worth Minority and Women 6usiness 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 qoal is not applicable. POLICY STATEMENT It is the policy of the Ciry of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (M/V1/6E) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. MM/BE PROJECT GOALS �.t The City's MBE/WBE goal on this project is t % 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 M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or; 2. Good Faith Effort documentation, or; 3. Waiver documentation. 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: 2. Prime Contractor Waiver Form 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. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. 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 SPECIFfCATIONS. Any questions, please contact the M/WBE Office at (817) 871-6104. Rev. 6/2/98 `ATTACHMENT 1A Ci� Of FOI't WO!'tFl Page 1 of 2 Minority and Women usiness Enterprise Specifications MBE/WSE UTILIZATION l�lP l9 .S � ,/4 /9-�f•f 0 E. �- � �� 1�r C S L L � � —( �/ ' �% 9 PRIME COMPANY NAME BID OATE /�7 '' wa.�p�' /Ylp��/� fe►- Sa 4�'�vau� Pw77- o�a �79 �-�opa O PROJECT NAME y PROJECT NUMBER � CITY'S M/1VDE PROJECI'COAL: � � � M/1V(3E PERCENTACE ACNIEVED: � Faiture to complete this form, in its entirety with supporting documentation, and received by the Ma�aging Oepartme�t on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid openi�g date, will result in the bid being considered �on-responsive to hid specifications. � The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms fo� work listed in this ' schedule, conditioned upon execution of a contract with the City of Fort Worth_ The intentio�al and/or knowing � misrepresentation of facts is grounds for consideration of disqualification and will resufY in the bid being considered � non-responsive to specifications. Company Name, Contact Name, Certified Address, and Telephone No. U ~ � � 00 �o� x r- _ 4� o cTo c.J P, ac� N ( �i-215 C�-}an�P�roNSN IP . � �4ovSTo^1 � .T_X__�?�lo�i_, � L .. Jo� Sp,� � 281-Sg3-qoo'3 ,� ' . . . _. _.. . Specify All Items to be � Dollar Amount Supplied(`) �,� v �-- d d tn F- D � � 'S7 ��o�o .� �i�" dac�4�� k.a� a54t��cv i 0 � MNVBEs must be located In the 9(aine) county maricetplace o� currenUy doing business in the marketplace at the time of bid. O Specify all areas,in which MWBE's a�e to be utilized and/or_items to be supplied:. (') A complete listinq of items to be supplied is required in order:#o receive credit toward the M/WBE goal. ("') Identify each Tier level Tier. Means the level of subcontracting below the prime co�tractor/consultant, i.e., a direct payment from the prime conUactor to a subcoatractor is considered 'Is9 tier, a payment by a subcontracto� to iis supp�ier is considered 2n° 2ier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:90 p.m., FIVE (5) CITY BUSINESS DAYS AFTEft BIO OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev. 6l2198 Pages 1 and 2 of Attachment'fA must be received by the Managing Department Specify All Contracting Scope of Work (') � . . •.; ; •,; ' Y � ,. • , �� ,;�� a:_; , �'.�' :�, ,.' ; ` T: •. . �l � , 1, .,.: �t - 4_ - . �-, �- �: ;-, F-�, . i-4 ;. � i fATTACHMENT 1 � _ A . :u .� �, Page 2 of 2 city of Fort wortn - :� , �� , `h . , ; Minority and Women Business Enterprise Specifications �` ,' r MBE/WBE UTtLlZATION Company Name, Co�tact Name, Address, and Telephone No. Certified � a U 6.' U �Z o t �°�'p � I m � va�s._ c�;Q ; � ��/,S��v,_Z_.�7a�2'---.__ � �._ J�h•�sQ..n�__..__.__._._._. � �Q� - sg3- 40�� > 00 � � H = Specify lall Contraciing Scope of Worlc (•) SPecify Ail (tems to be Supplied(•) ,r: U �..� m a °i v� f- �- 4s �.�� da.uf,/� ��K � Dollar Arnount � � �000 .� � The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M8E(s) and/or WBE(s) arrangeme�ts 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 ihat will substantiate the actual work performed by the MBE(s) andlor WBE(s) o� this contract, by an autho�ized officer or empioyee of the Cify. Any i�tentiona! and/or knowing misrepresentation of facts wi11 be grounds for termi�ating the contract or debarment from City wo�k for a period of not less than th�ee (3) years a�d for initiating action under Federal, State or Local Iaws concerning false statements. Any failure to compty with this ordinance and c�eates a material b�gach of contract may result in a detemaination of an irresponsible offe�or and barred from participating in City work for a period of time �ot less than one {1) year. _ ALL MBEs and WBEs MUST BE CERTIFIED BY THE ClTY BEFORE CONTRACT AWARD ,�Q e i� i�� n/�n .,r� S� I� �66�'� ��oS �_ Autho�ized Signature Printed Signature %�i^PSi c� p/J� i'itle Contact Name and Title (if different) Pry s � ,e��tsh�o ¢ Gl �, /,',�� s � 4� -� � � - a� (�3 Company Name " � Telephone Number (s) �"1��9 �1a:,'r ��• 44d -4��9-�7�7Co Address Fax Number �an��e, T �� a.. aa-�g City/State/Zip Code Date TH1S FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m_, FIVE (5) ClTY BUSINESS DAYS AFTER BIO OPEiJING, EXCLUSIVE OF THE BID OPENING DATE Pages '1 and 2 of Attachment 9A must be received by the Managing Department Rev. 6I2J98 ATTACHMENT 1 B Page 1 of 1 Cit�y of Fort Worth Minority and Women Business Enterprise Specifications Prime Contractor Waiver Prime Company Name Bid Opening Date Project Name Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if ��fl answers are yes. Failure to complete this form in its entirety and be received by the Manaainq Department on or before 5:00 p.m.. five (51 Citv business days after bid ot��ninq, 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 Signature Title Company Name Address Authorized Signature Printed Signature Contact Name (if different) Contact Telephone Number (s) Fax Number Company Name Rev. 6/2/98 ATTACHMENT 1C Page 1 of 3 City of Fort Worth Minority and Women Business Enterprise GOOD FAITH EFFORT Prime Company Name Project Name Bid Date Project Number �If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your � M/WBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure 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 b�usiness days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMSI which will be used in the completion of this project, regardless of whether it is to be provided by a M/WBE or non- M/WBE. (Use additional sheets, if necessar}� List of: Subcontractinq Opportunities List of: Supplier Onaortunities Rev. 6/2/98 ATTACHMENTIC Page 2 of 3 2.) Did you obtain a current list of M/WBE firms from the City's M/WBE Office? The list is considered in compliance, if it is not more than 3 months old from the date of bid opening. Yes No Date of Listing / / 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to 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 M/WBE 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 M/WBE firm, erson contacted, 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 M/WBE 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 M/WBE 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 addltlonal sheets, if necessary, and attach.) Company Name Telephone ADDITIONAL INFORMATION: Contact Person Scope of Work Reason for Rejection Rov F,/�/4R ATTACHMENT 1 C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M/VI/BE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work pertormed 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 M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/VUBE Office. Authorized Signature Title Company Name Address City/State2ip Printed Signature Contact Name and Title (if different) Telephone Number(s) Fax Number Date Rev. 6/2/98 I� � � � �' �J � 4:� lR9 �!J � �� i] � L! 'i� '�! PART C - GENERAL CONDITIONS � � � PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS , �k Cl-1 C1-l.l C1-1.2 C1-1.3 C1-1.4 C1-1.5 C1-1.6 C1-1.7 C1-1.8 C1-1.9 C1-1.10 C1-l.11 C1-1.12 C1-1.13 C1-1.14 Cl-1_15 C1-1.16 C1-1.17 C1-1.16 C1-1.19 C1-1.20 C1-1.21 C1-1.22 C1-1.23 C1-1.24 C1-1.25 C1-1.26 C1-1.27 C1-1.28 C1-1.29 C1-1.30 C1-1.31 C1-1.32 DEFINITIONS Definition of Terms Contract Documents Notice to Bidders Proposal Bidder General Conditions Special Conditions Specifications Bond Contract Plans City City Council Mayor City Manager City Attorney Director of Public Works Director, City Water Department Engineer Contractor Sureties , The Wark or Project Working Day Calendar Day Legal Holiday Abbreviations Change Order Paved Streets and Alleys Unpaved Streets and Alleys City Streets Roadway Gravel Street C1-1 C1-1 Cl-1 Cl-1 Cl-1 Cl-1 C1-1 C1-1 Cl-1 C1-1 Cl-1 Cl-1 Cl-1 Cl-1 Cl-1 Cl-1 Cl-1 C1-1 Cl-1 Cl-1 C1-1 Cl-1 C1-1 C1-1 C1-1 Cl-1 Cl-1 C1-1 Cl-1 C1-1 Cl-1 Cl-1 (1) (1) (2) (2) (2) (2) (2) (2) (2) (3) (3) (3) (3) (3) (3) (3) (4) (4) (4) (4) (4) (4) (4) (4) (4) (S) (6) (6) t6) (6) (6) (6) � � � r� � C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2.2 Interpretation of Quantities C2-2.3 Examination of Contract Documerlts and Site � C2-2.4 Submitting of Proposal C2-2.5 Rejection of Proposals C2-2.6 Bid Security C2-2 (1) C2-2 (1) C2-2 (2) C2-2 t3) C2-2 (3) C2-2 (3) � � (1) � � C2-2.7 Delivery of Proposal C2-2,g Withdrawing Proposals C2-2.9 Telegraphic Modification of Proposals C2-2.10 Public Opening of Proposal C2-2.11 Irreqular Proposals C2-2.12 Disqualification of Bidders C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3.1 Consideration of Proposals C3-3.2 Minority Business Enterpise Women-Owned Business Enterprise compliance C3-3.3 Equal Employment Provisions C3-3.4 Withdrawal of Proposals C3-3.5 Award of Contract C3-3.6 Return of Proposal Securities C3-3.7 Bonds C3-3.8 Execution of Contract C3-3.9 Failure to Execute Contract C3-3.10 Beginning Work C3-3.11 Insurance C3-3.12 Contractor's Obligations C3-3.13 Weekly Payroll C3-3.14 Contractor's Contract Administration C3-3.15 Venue C4-4 SCOPE OF WORK C4-4.1 Zntent of Contract Documents C4-4.2 Special Provisions C4-4.3 Increased or Decreased Quantities C4-4.4 Alteration of Contract Documents C4-4.5 Extra Work C4-4.6 Schedule of Operations C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C5-5 CONTROL OF WORK AND MATERIALS CS-5.1 Authority of Engineer C5-5.2 Conformity with Plans CS-5.3 Coordination of Contract Documents C5-5.4 Cooperation of Contractor CS-5.5 Emergency and/or Rectification Work CS-5.6 Field Office CS-5.7 Construction Stakes C5-5.8 Authority and Duties of Inspectors CS-5.9 Inspection CS-5.10 Removal of Defective and Unauthorized C5-5.11 Substitute Materials or Equipm�nt C5-5.12 Samples and Tests of Materials C5-5.13 Storage of Materials C5-5.14 Existing Structures and Utilities C5-5.15 Interruption of Service CS-5.16 Mutual Responsibility of Contractors CS-5.17 Cleanup CS-5.18 Final Inspection C2-2 (4) C2-2 (9) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 (5) C3-3 (1) C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 C3-3 (1) (1) (2) (2) (2) (2) (4) (4) (4) (4) (7) (7) (7) (8) C4-4 (1) C4-4 tl) C4-4 (1) C4-4 (2) C4-4 (2) C4-4 (3) C4-4 C5-5 C5-5 C5-5 CS-5 C5-S C5-5 CS-5 C5-5 CS-5 Work C5-5 C5-S CS-5 C5-5 CS-S C5-5 CS-5 C5-S C5-5 (4) (1) (1) (2) (2) (3) (3) (3) (4) (S) (5) (5) (6) (6) (7) (7) (8) (8) (9) � � !� � � � O C6-6 C6-6_1 C6-6.2 C6-6.3 C6-6.4 C6-6.5 C6-6.6 C6-6.7 `" C6-6.8 C6-6. 9 �` C6-6.10 # C6-6. 11 C6-6. 12 � , C6-6.13 C6-6.14 C6-6.15 �" C6-6.16 �x r�.., C6-6.17 C6-6.18 C6-6.19 C6-6.20 C6-6.21 C7-7 C7-7.1 C7-7.2 C7-7.3 C7-7.4 C7-7.5 C7-7.6 C7-7.7 C7-7.8 C7-7.9 C7-7.10 C7-7.11 C7-7.12 C7-7.13 � C7-7.14 C7-7.15 `� C7-7.16 C7-7.17 �" �.., � � i.. LEGAL RELATIONS AND PUBLIC RFSPONSIIIILITY Laws to be Observed Permits and Licenses Patented Devices, Materials and Processes Sanitary Provisions Public Safety and Convenience Privileges of Contractor in Streets, Alleys, and Right-of-Way Railway Crossings Barricades, Warnings and Watchmen Use of Explosives, Drop Weight, etc. Work Within Easements Independent Contractor Contractor's Responsibility for Damage Claims Contractor's Claim for�Damages Adjustment of Relocation of Public Utilities, etc. Temporary Sewer Drain Connections Arrangement and Charges of Water Furnished by City Use of a Section of Portion of the Work Contractor's Responsibility for Work No Waiver of Legal Rights Personal Liability of Public Officials State Sales Tax PROSECUTION AND PROGRESS Subletting Assignment of Contract Prosecution of the Work Limitations of Operations Character of Workman and Equipment Work Schedule Time of Commencement and Completion Extension of time of Completion Delays Time of Completion Suspension bl Court Order Temporary Suspension Termination of Contract due to National Emergency Suspension of Abandonment of the Work and Annulment of Contract Fulfillment of Contract Termination for Convenience of the Onwer Safety Methods and Practices � C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement of Quantities C8-8.2 Unit Prices C6-6 C6-6 C6-6 C6-6 C6-6 (1) (1) (1) (2) (2) C6-6 (3) C6-6 (4) C6-6 (4) C6-6 (S) C6-6 (6) C6-6 (8) C6-6 (8) C6-6 (10) C6-6 (10) C5-6 (10) C6-6 C6-6 C6-6 C6-6 C6-6 C6-6 (11) (11) (11) (12) (12) (12) C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 C7-7 (1) (1) (1) (2) (2) (3) (4) (4) (4) (5) (6) (6) C7-7 (7) C7-7 (7) C7-7 (9) C7-7 (10) C7-7 (13) C8-8 (1) C8-8 (1) � , : : : : � : : : : . : : : : : : : � : : � . . . . . . . : . Lump Sum Scope of Payment Partial Estimates and Retainage Withholding Payment Final Acceptance Final Payment Adquacy of Design General Guaranty Subsidiary Work Miscellaneous Placement of Material Record Documents 0 � C8-8 (1) C8-8 (1) CS-8 (2) C8-8 (3) C8-8 (3) C8-8 (3) CS-8 (4) C8-8 (4) C8-8 (5) C8-8 (5) C8-8 (S) (4) � � PART C - GENERAL CONDITIONS Cl-1 DEFINITIONS � � 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: SECTION C1-1 DEFINITIONS Cl-l.l 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: PART A- NOTICE TO BIDDERS (Sample) � PART B - PROPOSAL (Sample) PART C - GENERAL CONDITIONS (CITY) (Developer) � PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS �� PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT (Sample) (Sample) � i� White White Canary Yellow Brown Green E1-White E2-Golden Rod E2A-White Blue White White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: . PART A- NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS ' PERMITS/EASEMENTS � PART F - BONDS PART G - CONTRACT PART H- PLANS (Usually bound separately) c�—� cl> C1-1.3 NOTICE TO BIDDERS: Al1 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. C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, 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. C1-1,5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions, the latter shall take precedence and shall govern. C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which 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) N � 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 Ir.. 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. � C1-1.12 CITY: The City of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State '"ro 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 the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are �"' synonymous. C1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. -, C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly `" authorized representative. , � C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. i � � Cl-1 (3) � � a C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort worth, referred to in the C7larter as the City Engineer, or his duly authorized representative. Cl-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 company, firm, association, contract with the Owner for directly or through a duly sub-contractor is a person, contract with the principaZ materials or only labor, for person, persons, partnership, or corporation, entering into a the execution of the work, acting authorized representative. A firm, corporation, or others under contractor, supplying labor and work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds 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. C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m, and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6. C1-1.24 CALENDAR DAYS: A calendar day'is any day of the week or month, no days being excepted. C1-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: � � �� ,., , , . . � ' � � �"' � � � � � a�_a �� , � l. 2. 3. 4. 5. 6. 7. 8. 9. New Year's Day January 1 M. L. King, Jr. Birthday Third Monday in January Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Thanksgiving Friday Fourth Friday in November Christmas Day December 25 Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is declared by the City Council, �alls 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 CFS - Cubic Foot per Engineers Second LAW - In Accordance With ASTM - American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works $ - Percentum Assoc�.ation R - Radius ASA - American Standards Association I.D. - Inside Diameter HI - Hydraulic Institute O.D. - Outside Diameter Asph. - As�halt 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 MH - Manhole SY - Square Yard Max, - Maximum L.F. - Linear Foot D.I. - Ductile Iron Cl-1 (5) C1-1.27 CHANGE ORDER: A"Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25$ of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. 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 STREETSz A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1.31 ROADWAY: parallel lines two (4') feet back of exists. The roadway is defined as the area between (2') feet back of the curb lines or four the average edge of pavement where no curb C1-1.32 GRAVEL STREET: A gravel street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. 0 � � C1-1 (6) � �l � r SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL �- SECTION C2-2 INTERPRETATION ANB PREPARATION OF PROPOSAL �. � � � L, r 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 (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 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 req�ired 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 cC2-2(1) forms or other parts of the Contract Documents klill be considered as approximate only and will be used for the �urpose 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 o£ work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents, C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents_ Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents, to vis�t 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 required f or 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-f acie evidence that the bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to variations between conditions actual�y 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 i C2-2(2) � � Owner nor the Engineer guarantee that the data shown is r"" representative of conditions which actually exist. � � C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder sha11 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, or by a person duly authorized. If a proposal is submitted by a company or � corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate 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. �' C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if � they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, °-° incomplete bids, erasures, or irregularities of any kind, or •� contain unbalance value of any items. Proposal tendered or delivered af ter the official time designated for receipt of �,. proposal shall be returned to the Bidder unopened. �`" C2-2.6 BID�SECURITY: No proposal will be considered unless it is accompanied by a"Proposal Security" of the character and � 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 �.he 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 I� official place of business as set forth in the "Notice to � Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere � fact that a proposal was dispatched will not be considered. � � The Bidder must have the proposal actually delivered. Each proposal.shall be in a sealed envelope plainly 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 prop�osals. A request for non-consideration of a pr000sal 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 proQerly filed m�, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his pr000sal by telegraphic communication at any time i"� 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 C2-2(4) � � ' � � L � � � � �� 1 r � 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 disqualified and their proposals not considered for any of, but not limited to, the following reason: a. b. c. d. e. f. g• h. Reasons for believing that collusion exists among bidders. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. 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. The bidder being in arrears on any existing contract or having defaulted on a previous contract. The bidder having performed a prior contract in an unsatisfactory manner. Lack of competency as revealed by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: l. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2. A current experience record showing especially the project� 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 open�d. c2-2(s) �I 1 PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS � � � � � r � r 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 tfie 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 f urther agrees, upon request by Owner, to a11ow 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 ta the Contractor. Appropriate notices may be acquired from the Equal Employrnent Officer. 1 C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been w� read by the Owner it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals � were opened. C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withholdfinal 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 for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been . executed and band 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 les s th an 10 0 '"" percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, � guaranteeing the full and faithful execution of the +r� work and performance of the contract, and for the protection of the Owner and all other persons � against darnage by reason of negligence of the Contractar, or improper execution of the work or the use of inferior materials. This performance � C3-3 (2) � � � � I�` � � � � � bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient " maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.I0. 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. Al1 bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a 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. �" C3-3.8 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 suff er 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 s� 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 i10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance � required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub-contractors' � C3-3 (4? � LI ' � 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 ZNSURANCE: 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: � l. Contingent Liability (covers General Contractor's Liability for acts of �, sub-contractors). 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed ad-jacent to same> . 4. Damage to underground utilities for $500,000. �� C3-3 (5) 5. � Builder's risk (where above-ground structures are involved?. Contractual Liability (covers all indemnification requirements of Contract). d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, � during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragr aphs 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, an3 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 sati�sfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner. (Sample attached.) Al1 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 compa'ny. 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) � u ' 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 Gontractor'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 reguirement 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) L� � � � � � � � � � R'" �.. � � � � L 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 f orm of Addenda. Al1 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 QUANTITIES: The Owner reserves the right to alter the quantities of the work to be perf ormed or to extend or shorten the improvements at any time when and � as found to be necessary, and the Contractor shall perf orm 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 � L� 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 riature of the project as a whole. Such changes shall not be considere3 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. 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 for the extra work. The,fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1), (2), (3), and (4) above. The Contractor shall keep accurate cost records on the form and in the method C4-4 (2) � � �i � � � � � ' �' 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. L L� � � L�... Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C). Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within f ive ( 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 preparz for permanent record a corrected set of plans showing the actual installation. k,.. 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 plotted 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 constru�tion 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 f or 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. "" l. 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). 8. Final inspection. � �� ,_ . C4-4 (5) 9. Operational testing. l�. 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. . 0 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 AUTHORTTY 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, �r�ithin 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 �` � w� L � � controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross-sections, finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contrac£ Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change �rder. CS-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 conditions 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 f ully 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 groject 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 CS-S (2) � � ,� .-� � � C� �� adequat�ly 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 project routing. µ, 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 f or 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. - C5-5.7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and ` measurements necessary to the proper �rosecution 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. � � CS-5 (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 'i� replacing such stakes or marks plus 25$ wili be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. � C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTORS: City Inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have 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 Inspectar or Engineer when the same are consistent with the obligations of the Contrac t 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 s1�a11 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. CS-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the f"� Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any � material or equipment specified, and if Contractor wishes to � furnish or use a proposed substitute, he shall, prior to the � preconstruction conference, make written application to ENGINEER for approval of such substit'ute 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 ) � �. substitute 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.� Contracto r 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 called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall be 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 ma3e prior to the use of the new materials. C5-5.13 STORAGE OF MATERIALS: Al1 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-S (6) � �. 4.... � � � � �. � �, � �.. � ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to 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 l.ines 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. Al1 verification of existing utilities and their adjustment shall be considered as subsidiary work. C5-5.15 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 Depa�tment'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 x 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. Emerqencv.: 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 of 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) � 1 unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25$ of such costs, shall be deducted from monies due or to become due to the Contractor. j,,,, Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and final payment will be made, the Contractor shall clean and ,� remove from the site of the project all surplus and discarded materials, temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly � condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials � installed by him and shall deliver over such materials and equipment in a bright, clean, polished and new appearing condition. No extra compensation will be made to the � Contractor for any clean-up required on the project. C5-5.18 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 reguest 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. �� ' � �.. � 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 c�esires 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 grocess, 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) C� C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among his employees such regulations in regard to cieanliness 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_ A11 sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. 1 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 r flr,r 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 t� 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, �� .w 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 whicli 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 p 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 1.., - � C6-6 (3) � � carried on operation o contractors contract, Contractor assistance additional be provided in such manner as not to interfere with the f trains, loading or unloading of cars, etc. Other of the Owner may, for all purposes required by the enter upon the work and premises used by the and shall be provided all reasonable facilities and for the completion of adjoining work. Any grounds desired by the Contractor for his use shall by him at his own cost and expense. C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon right-of-way of any railway, the City will secure necessary easement for the work. Where the railway tracks to be crossed, the Contractor shall observe all regulations and instructions of the railway company as tc methods of performing the work and take all precautions safety of property and the public. Negotiations with railway companies for permits shall be done by and through h C ntractor shall give the City notice not less any the are the the for the the than City. T e o 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 U�iform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. � r �# *� :r 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, . Traffic Services . Division (phone number ,y,,, 871-8100), to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a � temporary sign meeting the re.quirements of the above referenced manual and such tempora�ry sign must be installed � prior to the removal of the permanent sign, If the temporary sign is not installed correctly or if it does not meet the �"' required specifications, the permanent sign shall be left in � place until the temporary sign requirements are met_ When construction work is completed to the extent that the � permanent sign can be re-installed, the Contractor shall again � contact the Traffic Services �- 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 f or the i.,., 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 reguested 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 �u� and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising out of � � such use of explosives. All claims arising out af 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. Al1 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 w� 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. Unless specifically provided otherwise, the Contractor shall clear all � rights-of-way or easements of obstructions which must be ' removed to make possible proper prosecution of the work as a part of the project construction operations. The Contractor � shall be responsible for the preservation of and shall use � C6-6 (6) !" � � � �' ir. r 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 aff ected 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, he 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 repla�ing 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 Engi�neer. Al1 fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon completion of this project. When wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set cross braced posts on 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 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 th removed whenever the work is not in prbgress and site is vacated overnight, and/or at all times t �, livestock from entering the construction area. The fence removal, temporary closures and replacement �, subsidiary to the various items bid in the C6-6 (7) s fencing when the � prevent cost for shall be project .� ; � proposal. Therefore, no separate payment shall be allowed for any service associated with this work. � In case of failure on the part of the Contractor to restore ` such property 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 indemnif y, 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, subcontr�ctors,-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, incl�ding death, to any and all persons of whatsoever kind or character, whether r�eal 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, �t C6-6 ( 8 ) �r! � � j �� 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 o£ 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 Depar.tment 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 se'ttled 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 f aith efforts have failed. r �: �' f , a. : If condition (1) above is met at any ti�e 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 the final payment to the Contractor be made. At the C5-6 (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 perf�ormed 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 he shall not be entitled to payment on account of such damages. C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES{ ETC.: Zn 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 expens,e, 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 C6-6 (10) � � � received from these temporary connections until such times as tne 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 �y 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 i�...: � 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 or�der 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 Fort Worth, an organization which qualifies for exemption pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, excise, and Use Tax Act, the Contractor�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 Iieu 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 (H) of the Texas limited Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the same rnanner 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 � LJ � � � � � � A �. � C6-6 (13) L_I � PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS fi� SECTION C7-7 PROSECUTION AND PROGRESS: C7-7.1 SUBLETTING: The Contractor shall perform with his own '�� organization, and 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 r 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; j" 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. ''"� If the Contractor does, without such previous consent, assign, transfer, sublet, convey, br 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 ot 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 f orm, or a brief outlining in detail and step by step the manner of r �... C7-7 (1) � � . 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 Document�s 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 Docunients. 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 workinen, 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 perf orm 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 satistactory 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: Elapse3 working days shall starting with the first day of work completed as C1-1.23 "WORKZNG DAY" or the date stipulated i ORDER" for beginning work, whichever comes first. �.0 be computed defined in n the "WORK 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 Legal Holiday must be made to the than the proceeding Thursday. Saturday, Sunday or Engineer no later 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 C1-1.24 and the Contractor may work as he so desires. �� C7-7 ( 3 ) � C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall commence the working operations within the time specified in the Contract Documents and set forth in the Work Order. Failure to do so shall be considered by the Owner as abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit. The Contractor shall maintain a rate of progress such as will insure th�at the whole work will be performed and the pr emises 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. ' LJ � � C7-7.9 DELAYS: The Contractor shall receive no compensation � for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if ,,,� � C7 -7 ( 4 ) .�•» � � � r-� . ��. k. � �'" � � r � �,w � 1. � 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 b� 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 specif ic 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 th2 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 given in the following schedule, unless otherwise specified in other par.ts 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 $ 5,000 $ 5,001 to $ 15,000 $ 15,001 to $ 25,000 $ 25,001 to $ 50,000 $ 50,001 to $ 100,000 $ 100,001 to $ 500,000 C7-7 (S) inclusive $ •inclusive $ inclusive $ inclusive $ inclusive $ inclusive $ 35.00 45.00 63.00 105.00 154.00 210.00 � $ 500,001 to $1,000,000 inclusive $ 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 wi11 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) � �A � �� / �� r^ � � that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment �nd no nrofit will be allowed. No reimbursement shall be allowed if the equiprnent is moved to another construction project for the City of Fort Worth. The Contractor shall not suspend work without written notice from the�Engineer and shall proceed with 'the work operations promptly when notified by the Engineer to so resume operations. C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: �" Whenever, because of National Emergency, so declared by the � President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the � necessary labor, materials, and equipment for the prosecution � of the work with reasonable continuity for a period of two �" months, the Contractor shall within seven days notify the City in writing, giving a detailed staternent 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 eff ort � 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 the Owner and the Contractor and final payment shall be made in accordance with the terms of 'y""', 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 WORR 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 Co,ntract -• 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 o �, operations Order issue LJ �' f the Contractor to commence work within the time specified in the Work d by the Owner. C7-7 (7) � l b. Substantial evidence that progress of the work operations by Contractor is insufficient to complete the work wzthin the specified time. c. Failure of the Contractor to sufficient labor and equipment the working operations. provide and maintain to properly execute d. � Substantial evidence that the Contractor has abandoned the work. e. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the work satisfactorily. f. Failure on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any orders given by the Engineer or Owner provided for in these Contract Documents. g, Failure of the Contractor promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. h. Substantial of illegally fraud on the contract. evidence of collusion for the purpose procuring a contract or perpetrating City in the construction of work under 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 C7-7 (8) � � � � � e+� � �. � 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 Y 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 r 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 ti�me thereafter to the Contractor �` under and by virtue ot 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 thP 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 f rom 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 conf ormity 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) L� � � 1 �, 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 Ow�esumeduandeestablished that deemed conclusively p 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: l. 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 perf ormance of work terminated by the notice of termination; 4, transfer title to the manner, at the if any, directed by the Owner and deliver in times, and to the extent, the Engineer: � � � C7-7 (10) � � � � �" terminated by the no 1 termination; and 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 t,. „ ,. � � 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. I'"' 5, complete as shall notice of performance of such part of the work not have been terminated by the a.. r..� U ,: +., �, /�,- � 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 stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. C. TERMINATION CLAIM: Within 60 days after 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 exterisions 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 ly 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 hereta; 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 �+ C7-7 t12) � � � �,., 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 w" 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. 1'" H. NO LIMITATION OF RIGHTS: Nothing contained in this � section sha11 limit or alter ths 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 f' 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 f rom injury, including death, or damage in connection with the work. �. 6 i.,._ � 1_ � 0 � _� � C7-7 (13) � � .., :� � r- PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASUREMENT OF QUANTITIES: The determination of �,�, quantities of work performed by the Contractor and authorized by the Contract Documents acceptably completed under the terms � of the Contract Documents shall be made by the Engineer, based on measurements made by the Engineer. These measurements will be made according to the United States Standard Measurements �„ used in common practice, and will be the actual length, area, solid contents, numbers, and weights of the materials and items installed. � � � � � C8-8.2 UNIT PRICES: When in the Proposal a"Unit Price" is set forth, the said "Unit Price" shall include the f urnishing by the Contractor of all labor, tools, materials, machinery, equipment, appliances and appurtenanc.es necessary f or 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 arid in a satisfactory condition for operation. � C8-8.3 LUMP SUM: When in the Proposal a"Lump Sum" is set � forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, � machinery, equipment, appurtenances, and all 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 4� unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time � C8-8 (1) � �� J � before its final acceptance by the Owner, (except as provided � in paragraph CS-5.14) for all risks of whatever description connected with the prosecution of the work, for all 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 pro�er 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 lst 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 lOth 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 $400,000 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 n�t 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. responsibilities under the Contract Documents. 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 �..� The City reserves the.right to withhold the paymeht o,£ 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 estimates may be held in abeyance if the performance of construction requirements of operations is not in accordance with the Contract Documents. or the the C8-8.7 FINAL ACGEPTANCE: 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 � notif y 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 comz�leted 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 FINRL 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 subject to payment. � estimates upon which payment has been made are necessary corrections or revisions in the final C8-8 (3) � n � L� 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 `r�r Contractor has furnished to the Owner satisfactory evidence of payment as f ollows: 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 the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has employed competent Engineers and designers to prepare the Contract Documents and all modifications of the approved Contract Documents. It is, therefore, agreed that the Owner shall be responsible for the adequacy of its"own design features, sufficiency of the Contract Documents, the safety of the structure, and the practicability of the operations of the completed project, provided the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations 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 t.he project, such as conditions imposed by the Plans, the General Contract Documents or these SpeciaJ_ 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 � mat�rials sha11 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 r the actual amount used for the project. C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a • copy of all specifications, plans, addenda, madifications, shop drawings and samples at the site, in good order and �.. annotated to show all changes made during the construction process. These shall be delivered to Engineer upon completion �r� of the work. � � C8-8 (S) �.,: �I � � 1�1 L_J � � �J � � (� 1 O � � �� J L�J � PART D - SPECIAL CONDITIONS u � s � � � � L 1�'J ��!I � � �. � � � rrEM D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 D-10 D-11 D-12 D-13 D-14 D-15 D-16 D-17 D-18 D-19 D-20 D-21 D-22 D-23 D-24 D-25 D-26 D-27 D-28 D-29 D-30 D-31 D-32 D-3 3 D-34 D-3 5 D-36 PART D - SPECIAL CONDITIONS TAf3LE OF CONTENTS TABLE OF CONTENTS General Project Designation Right To Audit Minority/Women Business Enterprise Compliance Pur�ing and Sterilization of Water Lines Wage Rates � Coordination with Fort Worth Water Department Dewatering Existing Utili ies E�ploratory �xcavations Test Holes Substitutions Crushed Lim�stone Backfill Trench Safety System Valve Blocking Ductile-Iron and Gray-Iron Fittings Detectable Warning Tape Connection of Existing Mains Easements and Permits Site Perparation Bid Quantities Interpretation and Preparation of Proposal Bonds Barricades, Warnings and Flagmen 10" Turbo Meter With Vault Installation Disposal of Spoil/Fill Material Workers' Compensation Insurance Trench Excavation, Backfill and Compaction Shop Drawings Specification References Cost Breakdown Samples and'Quality Control Testing Partial Estimates and Retainage Payment , , EYplanation bf Bid Items 12" Double �heck Assembly With Vault Installation � � � � �� L■J � � L�.9GIl l'J �� ti, � �� PART D - SPECIAL CONDITIONS D-1 General: Subject to modifications as herein contained; the Fort Worth Water Department's General Contract Docutnents and Specifications, effective July 1, 1978, with the latest revisions are made a part of the Contract Documents for this project. The Plans, Special Conditions and Provisions Documents, and the rules, re;ulations, requirements, instructions, drawings or details referred to by manufacturer's name, number or identification included therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the Contractor. The specifications and drawings shall be considered cooperative; therefore, work or material called ,for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. The order or precedence in case of conflicts or discrepancies between various parts of the Contract Documents subjectto the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: 1. Plans 2. Contract Documents 3. General Contract Documents and Specifications The following Special Conditions shall be applicable to this project and shall gove� over any conflicts with the General Contract Documents under the provisions stated above. D-2 Pro,ject Designation: Construction under these Special Documents shall be performed under the Fort Worth Water Department Project Designations: Water Project Number PW77-060770250020 D-3 Ri�ht To Audit: RIGHT TO AUT�IT: Part C- General Conditions, Section C8-8 M�ASUREMENT 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 �hree (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor�facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. � D-1 � /�� lJ Ll (h) Contractor fiirther a�rees 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 a»d photocopy any directly pertinent books, ciocuinents, 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 �vith 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. �0 copies and under - 10 cents per page 2. More than 50 copies - 85 cents for the first page plus �ifteen cents for each page thereafter. � � � �� ,�-} �� '� � „ �� D-4 Minority/Women Business Enterprise Compliance: Reference Part C(General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPI2ISE COMPLIANCE" shall be deleted in its entirety and�replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or iiles in its possession that will substantiate the actual work performed by an MBE andlor WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than 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. D-� Purging and Sterilization of Water Lines: Before being placed into service all newly constructed water lines shall be purged and sterilized in accordance with E2-24 of the General Contract Documents and Specifications except as modified herein. The City will furnish all water for INITIAL cleaning and sterilization of water lines. All other materials for construction of the project, including chlorinated lime (HTH) shall be furnished by the Contractor. Chlorinated lime (HTH) shall be used in sufficient quantities to provide a chlorine residual of fifty (50) PPM. The residual of free chlorine shall be measured after 24 hours and shall not be less than 10 parts per million of free chlorine. Chlorinated water shall be D-2 � I �J `.'�► � L� L!J � � � L� �� ' L■J � L� L�J � � L�J � disposed of in the sanitary sewer system. Should a sanitary sewer not be available, chlorinated �vater shall be "de-chlorinated" prior to disposal. The line may not be placed in service until two successive sets of samples, taken 24 hours apart, have met the established standards of purity. Sterilization of the water lines sha11 be considered as incidental to the project and all costs incurred will be considered to be included in the linear foot bid price of the pipe. D-6 Wage Rat�s: The labnr classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Teaas, in accordance with statutory requirements, as being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any sub-contractor on the site of the project covered by these Contract Documents. In no event shall less than the following rates of wages be paid. (Attached). D-7 Coordination with Fort "Worth Water Department: During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. D-8 Dewatering: The Contractor shall be responsible for determining the method of dewaterin� operation for the water or sewage flows from the existing mains and ground�water. The Contractor shall be responsible for damage of any nature resulting from the dewatering operations. The DISCHARGE from any dewatering operation shall be conducted as approved by the Engineer. Ground water shall not be discharged into sanitary sewers. Dewatering shall be considered as i�cidental to a construction and all costs incurred will be considered to be included in the linear foot bid price of the pipe. D-9 Existin� Utilities: The plans show the locations of all lcnown surface and subsurface structures. However, the Owner assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shalI not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay quantities in any manner whatsoever. The Contractor shall be responsible for verifying the locations of and protecting all e,cisting utilities, service lines, or other property crossed or eaposed by his construction operations. Contractor shall make all necessary provisions for,the support, protection, relocation, and or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage D-3 �I � � � E�1 � � � I� � � � u u � LI '�J u l�l pipes, and all otl�er utilities and structures both above and below ground during construction. The Contractor is liable for all dama��es done to such existing facilities as a result of his operations and any and all cost incurred for the protection and or temporary relocation of such facilities shall be included in the cost bid per linear foot of pipe installed. NO �DDITIONAL COMPENSATION WILL BE ALLOWED. Where existing utilities or service lines are cut, broken or dama�ed, the Contractor shall replace or repair the utilities or service lines vvith the sanze type of original material and construction, or better, �nless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall immediately notify the Owner of the damaged utility or service line. He shall cooperate with the owners of all utilities to locate existin; underground facilities and notify the Engineer at once of any conflicts in grades and alignment. In case it is necessary to change or move the property of any owner of a public utility, such property shall not be moved or interfered with until ordered to do so by the Engineer. The right is reserved to the owner of public utilities to enter upon the limits of the project for the purpose of making such changes or repairs, of their property that may be made necessary by performance of this contract. D-10 Exploratoiy Excavations: Tn addition to those areas as may be designated on the Drawings, it shall be the Contractor's respor�sibility to excavate and locate existing utilities which may affect construction of the water andlor sewer facilities. All exploratory excavations shall occur far enough in advance to permit any necessary relocation to be made with minimum delay. All costs incurred by the Contractor in making exploratory excavations shall be considered to be included in the unit price bid for constructing of water/sewer line or the associate,d structures. D-11 Test Holes: The matter of subsurface exploration to ascertain the nature of the soils, including the amount of rock, if any, through which this pipeline installation is to be made is the responsibility of any and all prospective bidders, and any bidder on this project shall submit his bid under this condition. Whether prospective bidders perform this subsurface exploration jointly or independently, and whether they make such determinations by 'the use of test holes or other means, shall be left to the discretion of such prospective bidders. The cost of the rock removal and other associated appurtenants, if required, shall be included in the linear foot bid price of the pipe. D-12 Substitutions: The specifications for materials set out the minimum stantlard of quality which the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material which has been specified. Where the term "or equal," or "or approved equal" is used, it is understood that if a material, product, or piece of equipment I� � l�l � L�J � �J � bearing the name so used is furnished it will be approvable, as the particular trade name �vas used for the purpose of establishin� a stanciard of quality acceptable to the City. If a �rodt�ct of any other name is propo.ed for use, the Engineer's ap�roval thereof must be obtained before the proposed substitute is procured by the Contractor. Where the term "or equal," or "or approved equal" s not used in the specifications, this does not necessarily exclude alternative itei�s or material or eqizipinent which may accomplish the intended purpose. However, the Caitractor shall have the fuil responsibility of proving that the proposed substitution is, in fact, equal, and the Engineer, as the representative of tlie Cit'y, shall be the sole judge of :he acceptability of substitutions. The provisions of this , sub-section as related to "Substitut.ons" shall be applicable to all sections of these specifications. � D-13 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 Transportation and aPublic Works Standard Specifications for Street and Storin Drain Construction Division 2 Item 208.2 Materials and Division 2 Item 208.3 Materials Sources. Trench backfill and I��l LJ � l�J L�l LJ � l•l � L■J LJ compaction shall meet the requirements of E2-2 Excavation and Backfill of the General Contract Documents and Specifications. Payment for crushed limestone backfill in place shall be made at the unit price bid in the Proposal multiplied by the quantity of material used measured in accordance with E2- 2.16 Measurement of Backfill Materials of the General Contract Documents and Specifications. D-14 Trench Safety System: 1. GENERA.L: This specification covers the trench safety requirements for all trench excavations in order to protect workers from cave-ins. The requirements of this item govern all trenches for mains, manholes, vaults, service lines, and all other appurtenances. 2. STANDARDS: The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Subpart P-Excavations, are hereby made a part of this specification and shall be the minimum governing requirements for trench safety. 3. DEFINITIONS: A. TRENCHES: A trench is referred�to as a narrow excavation made below the surface of the ground in which the depth is greater than the width, where tlie width measured at the bottom is not greater than fifteen (15) feet. If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to fifteen (1 �) �feet or less at the bottom of the excavation, the excavation is also considered to be a trench. D-5 C � � B. BENCHING SYSTEM: Benchin; means e�cavating the sides of a trench to form one or a series of horizontal levels or steps, usually �vith vertical or near-vertical surfaces bet�veen levels. C. SLOPING SYSTEM: Sloping means excavating to forrjn sides of a trench that are � inclined away from the excavation. � i D. SHIELD SYSTEM: Shields used in trenches are gener�ily referred to as "trench aboxes" or "trench shields." Shield means a structure that �'s able to withstand the forces imposed on it by a cave-in and protect workers within theIstructure_ Shields can be permanent stnictures or can be designed to be portable anfi move along as the work Q progresses. Shields can be either premanufactured or job+built in accordance with OSHA standards. I a � E. SHORING SYSTEM: Shoring means a structure suchI�as a metal hydraulic, mechanical or timber system that supports the sides of a trench and which is designed to � prevent cave-ins. Shoring systems are generally compri�ed of crossbraces, vertical rails (uprights), horizontal rails (wales) and/or sheeting. j i � L�J 1`� i�� 4. MEASUREMENT: Trench depth is the vertical meastiiu�ement from the top of the existing ground to the bottom of the pipe or structures. T; he quantity of trench safety systems shall be based on the linear foot amount of trenc�h depth greater than five (5) feet. � 5. PAYMENT: Separate payment will be made only w]�en trench excavations exceed a depth of five (5) feet and shall be full compensation for isafety system design, labor, tools, materials, equipment and incidentals necessary for the i�nstallation and removal of trench safety systems. � - D-15 Valve Blockin�: i Q All valves shall have concrete blocking for support. V�lves shall have polyethylene wrapping per Material Specification E1-13 and Constr�ction Specification E2-13 installed prior to concrete blocking. No separate paym,ent will be mad'e for any of the � work involved for this item and all costs incurred will pe considered to be included in the bid price of the valve. ; � �,� 'u f�J lJ i�!J � D-16 Ductile-Iron and Gray-Iron Fittings: Reference Part E2 Construction Specifications, Sectio E2-7 Installing Cast Iron Pipe, Fittings, and Specials, Sub section E2-7.11 Cast Iron ittings: the first Paragraph shall be revised to read as follows: i �' E2-7.11 DUCTILE-IRON AND GRAY-IRON FITTI�IGS: All ductile-iron and gray- iron. tittings shall be furnished with c�ement mortar lin�ng as stated in Section E1-7. The price bid per ton of fittings shall be payment in full f�r all fittings, joint accessories,. i � �. � � � i� L�.J L�J � � '� � L�l L�J I, �� L] L'�J ��J � IJ polyethylene wrapping, horizontal concrete blocking, vertical tie-down concr�te blockin�, and concrete cradle necessary for construction as designed. All ductile-iron and gray-iron fittin�s, valves and specials shall be wrapped with polyethylene wrapping conforming to Material Specification E1-13 and Construction Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie- down concrete blocking, and concrete cradle. Pa}�ment for the polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete blocking, and concrete cradle shall be included in bid items for valves and fittings and no other payment will be allowed. . D-17 Detectable Warning Tapes: Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed directly above non-metallic water or sanitary sewer pipe. The detectable tape shall be "Detect Tape" manufactt�red by Allen Systems Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils. and the width shal� not be less than 2" inches with a minimum unit weight of 2-1/2 pounds/1"/1000'. The tape shall be color coded and imprinted with�the message as follows: Type of Utility Color Code Legends Water Safety Blue Caution Buried Water Line Below Installation of detectable tapes shall be per manufacturer's recornmendations and shall be as close to the grade as is practical for optimum protection and detectability. Allow a minimum of 18" inches between the tape and the pipe. Payment for work such as backfill, bedding, blocking, detectable tapes and all other associat�d appurtenances required shall be included in the linear foot price bid of the appropriate BID ITEM(S). D-18 Connection of Existing Mains: The Contractor shall determine the exact location, elevation, conf'iguration and angulation of existing water or sanitary sewer lines prior to manufacturing of the coruiecting piece. Any differences in locations, elevation, configuration, and or angulation of existing lines between the contract drawings and what may be encountered in the said work shall be considered as incidental to construction. Where it is required to shut down existing mains in order to make proposed connections, such down time shall be coordinated with the Engineer, and all efforts shall be made to keep this down time to a minimum. In case of shutting down an existing main, the Contractor shall notify Mr. James Anderson, Manager, Construction Services, Phone 871-7813, at least 48-hours prior to the required shut down time. The Contractor's attention is directed to Paragraph CS-5.15� INTERRUPTION OF SERVICE, Page CS-5(5), PART C- GENERAL CONDITIONS OF THE WATER DEPARTMENT GENERAL.CONTRACT DOCUMENTS AND D-7 l �J IJ Lwl�i � � C'� LJ � � l!! LJ L�I � LJ � L�J � LJ GENER.AL SPECIFICATIONS. The Contractor shall notify the customer both personally and in writin� as to the locatiou, time, and schedule of the service interruption. The cost of removing any existing concrete blocking shall be included in the cost of connection. Unless bid separately all cost incurred shall be included in the linear foot price bid for the appropriate pipe size. D-19 Easements and Permits: Easemeiits and permits, both temporary and permanent, have been secured for this project at this time and made a part thereto. Azly easements and/or permits, both temporary and permanent, that have not been obtained by the time of publication shall be secured before construction starts. No work is to be done in areas requiring easements and/or permits until the necessary easements are obtained. The Contractor's attention is directed to the easement description and permit requirements, as contained herein, along with any special conditions that may have been iinposed on these easements and permits. Where the pipeline crosses privately owned property, the easements and construction areas are shown on the plans. The easements shall be cleaned up after use and restored to their original conditions or better. In the event additional work room or access is required by the Contractor, it shall be the Contractor's responsibility to obtain written permission from the property owners involved for the use of additional property required. No additional payment will be allowed for this item. D-20 Site Preparation: The Contractor sha11 cleax rights-of-way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements, page C6-6(4), part� C- General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shaTl be considered as incidental to construction and all costs incuned will be considered to be included in the linear foot price of the pipe. D-21 Bid Quantities: Bid quantities of the various items in the Proposal are for bid coinparison only and may not reflect the actual quantities (See General Conditions C2-22 and C4-4.3). Moreover, there is to be no limit on the variations between the estimated quantities shown and actual quantities performed. D-22 Interpretation and Preparation of Proposal: Part C- General Conditions, Section C2-2 INTER.PRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: �. i� � C2-2.7 DEL`IVERY OF PROPOSAL: No proposal �vill be:considered unless it is delivered, accompanied by its proper Bid Security; to the Purchasing Manager or his � representative at the official location and stated time set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders � must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project � as designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. . � C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for opening proposals. A request for D 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-considera�tion are opened and publicly read aloud, the proposals for (� which non-consideration requests have been properly f led may, at the option of the �� Owner, be returned unopened. � C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing � Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such Q 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. � D=23 Bonds: Reference Part C, General Conditions, dated November 1, 1987; (City let•projects) make � the following revisions: 1.'Pg. C3-3(3); the paragraph after paragraph C3-3.7d--Other Bonds should be revised � to read: No surety will be accepted by the Owner which are at the time in default or clelinquent on any bonds or which are interested in any litigation against the Owner. All � bonds shall be made on the forms furnished by the Owner and the surety shall be � acceptable to the Owner. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties � [Circular 870], or (2) the surety must have capital and surpius equal to ten times the amount of the bond. The surety must be licensed to 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) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited, or trusted to do business in Texas. � � . D-9 LJ � C' L�l D-24 Barricades, Warnings and Flagmen: � Reference Part C- General Conditions, Section C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: a 1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the word flagmen. � 2. In the first paragraph, lines five (5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. � D-25 10"Turbo Meter With Vault Installation: The 10" turbo meter installation shall be according to construction plans unless otherwise a directed by the Engineer. The contractor shall use Oldcastle Precast Inc. Type 806 concrete meter vault or approved equal. 2, Pg. C3-3(�) Paragraph C3-3.11 INSURANCE delete subparagraph a. COMPENSATION INSURANCE. 3. Pg. G3-3(6), Paragraph C3-3.11 INSURANC� delete subpara�raph g. LOCAL AGENT FOR INSURANCE AND BONDING. � These items are included in, but not limited to, the construction of the meter vault. Furnish and install: � Quantity Item � L�J u L�J � 1 Bilco Access Door JD-2AL or approved equal per equipment schedule #2 of sheet 4 1 Aluminum vault ladder shall be as manufactured by Heron Industries, Inc. or approved equal per equipment schedule #1 of sheet 4 1 Bilco Ladder-Up Safety Post Model 1 or approved equal. The 10" turbo meter with strainer will be furnished to the Contractor free of charge; however, the Contractor will be required to pick up these item(s) at the Field Operations Warehouse. Payment for all work, materials, and all necessary appurtenances which are required to � provide a complete and functional Turbo Meter Installatio� complete with Concrete Vault shall be included in the bid price. , � ('] D-10 U ��i � D-26 Disposal of Snoil/Fill Material: Prior to the disposing of any spoil/fill material, tlle contractor shall advise the Director of Dthe Department of EngineerinQ, acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all .sites where the contractor intends � L�J l!1 LJ �' � � �� i� l� ��i �� L!J � L��J u � to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been deterrnined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 1 I 517). All disposal sites must be approved by the Administrator to ensure that filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the contractors disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in known flood plain or by a F1ood�Plain Fill Permit authorizing fill within the flood p'ain. Any expenses associated with obtaining the fill permit, including any necessary en ineering studies, shall be at contractors' expense. In the event that the contractor disp�oses of spoil/fill material at a site without a fill permit or a letter from the Administrator approving the disposal site, upon notification by the Director of the �epartment of E�gineering, Contractor shall remove the spoil/fill rnaterial at its expense and dispose f such materials in accordance with the Ordinances of the City and this section. D-27 Workers' Compensation Insurance: A: Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner (City) a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. B: Subcontractor's Worker's Compensation Tnsurance. Contractor agrees to require each and every subcontractor who will perform.work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perfo'rm work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificate to the Owner (City). C. Workers Compensation Insurance Coverage 1. Definitions: Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance covera�e for the person's or entity's employees providing services on a project, for the duration of the project. D-11 � I� � f�l � � � � �� l�J ��'� � I� L�J �� M u L�J � LJ 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 City. Persons providing services on the project ("subcontractor" in section 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. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services of the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. 5. The contractor shall obtain from each person providing services on a project, and provide to the City: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. D-12 L�J � L�,J L�J � `�I � 7. The contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially af�ects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the te�t, 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 covered, and stating how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: � (a) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44) for all of its employees � providing services on the project, for the duration of the project; a (b) provide to the contractor, prior to that person beginning work on tlae 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; L�J lJ I�� (c) 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 d�ring the duration of the proj ect; (d) obtain from each other person with whom it contracts, and provide fo the contractor: I D(1) a certificate of coverage, prior to the o�her person beginning work on the project; and �� ' ,� l�J �i ��I (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the cove age period shown on the cwrrent certificate of coverage ends during the dur�tion of the project; (e) retain all required certificates of coverage on :ile for the duration of the project and for one year thereafter. (fl notify the City in writing by certified mail,or personal delivery, within ten (10) days after the person knew or should have k.town, of any change that materially affects the provision of coverage of an�� person providing services on the project; and D-13 u L�J �J L#J � � LJ � CJ Ll I�' � (g) contractually require each person with ��hom it contracts, to perfortn as required by pa'ragraphs (a) -(g), with the certificates of coverage to be provided to the person for whom they are providin� services. 10. By signing this contraet or providing or causing to be provided a certificate of coverage, the contractor is representing to the City that all employees of the contractor who will provide services on the project will b� 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 Texas Worker's Compensation Commission's Divisipn of Self-Insurance Regulation. Providing false or misleading information may subject t�e contractor to administrative penalties, criminal penalties, civil penalties or other ci��il actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt oF notice of breach from the City. D. Po�ting of Required Worker's Compensation Coverage. The contractor shall post a notice on each project site informing all�persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas 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: REQUIRED WORKER'S COMPENSATION COVERAGE � "The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This � includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". � � IJ I� LJ "Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your ernployer has provided the required coverage, or to report an employer's failure to provide coverage. D-28 Trench Excavation, Backfill and Compaction Trench excavation and backfill under parking lots, driveways, gravel surfaced roads, within easements, and within existing or future R.O. W. shall be in accordance with Sections E1-2 Backfill and E2-2 Excavation and Backfill of the General Contract Documents and Specifications except as specified herein. D-14 ��i �� 1. 7'RENCH EXCAVATION: In accoz�dance with Section E2-2 Excavation and Backfill, � if the stated maximum trench widths are e�ceeded, either throu�h accident or otherwise; and if the En;ineer determines that the design loadings of the pipe will be e�ceeded, 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. � �I �J � � �� 2. TRENCH BACKFILL: Trenches which lie outside of ¢xisting or future pavement shall be backfilled above the top of the embedment material with Type "C" backfill material. Excavated material used for Type "C" backfill must be mechanically compacted unless the Contractor can furnish the Engineer with satisfactory evidence that the P.I. of the excavated material is less than 8. Such evidence shall be a test report from an independent testing laboratory and must include repre'sentative 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, contai�ing little or no plastic material, the Engineer may waive the test re�ort requirement. See E1-2.3, Type "C" or "D" Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" back- fill material is not suitable, at the direction of the �ngineer, Type "B" backfill material shall be used. In general, all backfill material for trenches in existing paved streets shall be in accordance with Figure A. Sand material specified in Figure A shall be obtained from an approved source and shall consist of durabie particles free of thin or elongated pieces, lumps of clay, soil, loam or vegetable matter and shall meet the following gradation: Size Sieve % Retained #4 0-5 '' #16 0-20 � #50 0-50 # 100 60-95 #200 90-100 (P.I. = 8 or less) 3. TRENCH COMPACTION: All trench backfill shall be placed in Iifts per E2-2.9 Backfill. Trenches which lie outside existing or future pavements shall be compacted to a minirnum of 90% Standard Proctor Densit�� (A.S.T.M. D698) by means of tamping only. Trenches which lie under existing or futur� pavement shall be backfilled per Figure A with 95% Standard Proctor Density by jetting, mechanical tamping, or a combination of methods. Backfill material to be mechanically tamped must be within +-4% of its optimum moisture content. The top two (2�► feet of sewer line trenches and the top eighteen (18) inches of water line may be rolled in with heavy equipment tires, provided D-15 � L,� � � � � L"J Ll L�J l�J L�J � � L� � � � � 1�! it is placed in lifts appropriate to the material being used and the operation can be performed without damage to the installed pipe. The City, at its own expense, will perform trench compaction tests per A.S.T.M. standards on all trench backfill. Any retesting required as a result of failure to compact the backfill material to meet the standards will be at the expense of the Contractor and will be billed at the commercial rates as determined by the City. These soil density tests shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet above the top of the installed pipe and continuing to the top of the completed backfill at intervals along the trench not to exceed 300 linear feet. The Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for eYposing the backf 11 layer to be tested or providing trench safety system for tests conducted by the City. 4. MEASUREMENT AND PAYMENT: �11 material, including any and all Type "B" backfill, and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe. D-29 Shop Drawings: 1. Submit seven (7) copies of shop drawings, layouts, manufacturer's data and material schedules as may be required by the Engineer for his review. Submittals may be checked by and stamped with the approval of the Contractor and identified as the Engineer may require. Such review by the Engineer shall�include checking for general conformance with the design concept of the project and general compliance with information given in the General Contract Documents. Tndicated actions by the Engineer, which may result from his review, shall not constitute concurrence with any deviation from the plans and specifications unless such deviations are specifically identified by the method described below, and further shall not relieve the Contractor of responsibility for errors or omissions in the submitted data. Processed shop drawing submittals are not change orders. The purpose of submittals by the Contractor is to demonstrate that the Contractor understands the design concept, and that he demonstrates his understanding by indicating which equipment and materials he intends to furnish and install, and by detailing the fabrication and installation methods he intends to use. If deviations, discrepancies or conflicts between submittals and the design drawings and/or specifications are discovered, either prior to or after submittals axe processed, the design drawings and specifications shall govern. The Contractor shall be responsible for dimensions which are to be confirmed and correlated at the job site, fabrication processes and techniques of constriction, coordination of his work with that of other trades and satisfactory performance his work. The Contractor shall check and verify all measurements and review submittals prior to being submitted, and sign or initial a statement included with the submittal, which signifies compliance with plans and �'specifications and dimensions suitable for the application. Any deviation from the specified criteria shall be expressly stated in writing in the submittal. Three (3) copies of the approved submittals shall be retained by the Contractor until completion of the project and presented to the City in bound form. D-16 � � LJ f� L'":! 2. Shop drawings shall be submitted fQr the following items prior to installation: List the required submittals here Adclitional shop drawing requirements are described in some of the material specifications. 3. Address for Submittals - The submittals shall be addressed to: �� Roy Teal City of Fort Worth 1000 Throckmorton � YJ � Fort Worth, TX 76102 D-30 Specification References: When reference is made in these specifications to a particular ASTM, AWWA, ANSI or other specification, it shall be understood that the latest revision of such specification, prior to the date of these general specifications or revisions thereof, shall apply. D-31 Cost Breakdown: n In order to establish a basis upon which partial payments to the Contractor may be �.i authorized, immediately after execution of the contract the Contractor shall fiunish a detailed cost breakdown of his contract price arranged and itemized to meet the approval � � I � [il IS' � u l�J �' I�� of the Engineer. D-32 Samples and Quality Control Testin�: a. The Contractor shall furnish, at his own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. b. Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement, and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. c. Quality control testing of in-place material on this project will be performed by the City at its own expense. Any retesting required as a resuIt of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the Ciry. The failure of the City to make any tests of materials shall in no way relieve the Contractor of his responsibility to furnish materials and equipment conforming to the requirements of the contract. D-17 �J l�l �!1 L�I L�J �J L�J � L�J � � � � �� ,� � � L�J d. Not less than 24 hours notice shall be p�-ovicled to the City by the Contractor for operations requiring testing. The Contrac��.or shall,provide access and trench safety system (if required) for the site to be teste:�. and any work effort involved is deemed to be �ncluded in the unit price for the item beir�� tested. e. The Contractor shall provide a copy of �ne trip ticket for each load of till material delivered to the job site. The ticket shall _<.�ecify the name of the pit supplying the fill material. D-33 Partial Estimates and Retaina�e Reference Part C(General Conditions), Scction C8-8.5 Entitled "PARTIAL ESTIMATES AND RETAINAGE" shall ;_�� deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted b� the Contractor or prepared by the City on the Sth day and 20th day of each month that tia� work is in progress. The estimate shall be processed by the City on the lOth day and ?Sth day respectively. Estimates will be paid within 2� days following the end of the es;�imate period, less the appropriate retainage as set out below. Partial pay estimates may L-iclude acceptable nonperishable materials delivered to the work place which a're to bc incorporated into the work as a permanent part thereof, but which at the time of the p`y estimate have not been so installed. If such materials are included within a pay estima�, payment shall be based upon 85% of the net invoice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verifi��ation or the preparation of the pay estimate. For contracts of less than $400,000 at the rune of execution, retainage shall be ten percent (10%). For contracts of $400,000 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accc�rd with the sul,contract agreement within five (5) business days after receipt by Contractc�r of the paym nt by City. Contractor's failure to make the required payments to subcontr:�ctors will aut�orize the City to withhold future payments from the Contractor until �:ompliance with this paragraph is accomplished. It is understood that the partial pay estimat� s will be app oximate only, and all partial pay estimates and payment of same will be su�}��ct to correct�ion in the estimate rendered following the discovery of the mistake in �:y previous estimate. Payment of any partial pay estimate shall not be an admission on e-�e part of the Owner of the amount of work done or of its quality or sufficiency or as ar_ acceptance of the work done; nor shall same release the Contractor of any of its respons,: �ilities under the Contract Documents. L1-18 � L�J C� � � The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract. D-34 Payment: Because of the unique nature of this contract, C8-8.5 PARTIAL ESTIMATES AND RETAINAGE of the General Conditions shall not apply and shall be superseded by the following: (Please initial below} ' Whenever the improvements prescribed by an individual Work Order have been � completed, the Contractor shall notify the Engineer. The Ensineer or other appropriate official of the Owner will, within a reasonable time, perform the inspections. If such inspection reveals that the improvements are in an acceptable condition and have been � completed in accordance with the terms of the Contract Documents and all approved modifications thereof, the Engineer will recommend �cceptance of the work under that C� � � L�J L�J I■' �� I l�J particular Work Order and recommend payment therefore. If the Engineer finds that the work has not been completed as required, he shall so advise the Contractor in writing, furnishing him an itemized list of all known items which have not been completed or which are not in an acceptable condition. When the Contractor has corrected all such items, he shall �gain notify the Engineer that the improvements are ready for inspection, and the Engineer shall proceed as outlined above. Whenever the improvements prescribed by the individual Work Order have been completed and all requirements of the Contract Documents have been fulfilled on the part of the Contractor, an 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. The amount of the estimate will be paid to the Contractor after acceptance by the Water Department Director, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to submission of the 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 under that Work Order 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 cl'aims pending for personal injury and/or property damages. The acceptance by the Contractor of the individual 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 that Work Order or any act or neglect of said City relating to or connected with the Contract. ;"� � � C The making of the payment by the Owner shall not relie�e the Contractor of any guarantees or other requirements of the Contract Docum �nts which specifically continue thereafter. � D-19 � � C � t�J � i� �1] �•J ��J � � u � I�� l l� L�J Bidder's Initials D-35 Erplanation of Bid Items: The total scope of work for this job has been separated into several bid items as shown in the'Proposal. All materials and workmanship necessary to furnish a complete and functional job, whetheX shown, included or implied in the construction plans and/or specifications, shall be supplied in this contract. The Contractor shall include the cost for all miscellaneous and subsidiary work not specifically mentioned in the Proposal in the various bid prices. . D-36 12"Double Check Assembly With Vault Installation: The 12" double check assembly installation shall be installed according to construction plans unless otherwise directed by the Engineer. The contractor shall furnish and install Ames Co. Model 2000SS 12" double check assembly or approved equal. The double check valve shall be equipped with cast iron operating nuts on the valves. The contractor shall use Wet Pour Meter Vault from Brooks Products or Oldcastle Precast Inc. �concrete meter vaults or approved equal. These�items are included in, but not limited to, the construction of the meter vault. Furnish and install: Quantity 1 Item Bilco Access Door JD-2AL or approved equal per equipment schedule #1 of sheet 5 1 Aluminum vault ladder shail be as manufactured by Heron Industries, Inc. or approved equal per equipment schedule #2 of sheet 5 Bilco Ladder-Up Safety Post Model 1 or approved equal per equipment schedule #3 of sheet 5. Payment for all work, materials, and all necessary appurtenances which are required to provide a complete and functional Double Check Assembly Installation complete with Concrete Vault shall be included in the bid price bid. 0 D-20 � � � � � � � � � � � � � � � � � � � � BUILDING & CC�NSTKUC;'1'1C.�N '1'KHU�J - ,tt�tvUr�nu rynvr- cv.1•--� TR?1D�' � CF.AFT BRICKLAYERS & STONE MASONS BRICKLAYER PRECAST ERECTOR HELPER/LABORER CA.RPENTERS ACOUSTICAL/DRYWALL FINI�H FORM ROUGH HELPER/LABORER CEMENT MASONS FINISH ROUGH/FORM SETTER HELPER/LABORER ELECTRICIANS ELECTRICIAN HELPER/LABORER ELEVATOR CONSTR(7CTORS MECHANIC-IN-CHARGE MECHANIC HELPER/LABORER FLOOR COVERING WORKERS JOiIRNEYMAN/CRAFTSMAN HELPER/LABORER GLAZIERS JOURNEYMAN/CRAFTSMAN HELPER/LABORER INSULATOR/ASBESTOS WORKERS JOURNEYMAN/CR.AFTSMAN HELPER/LABORER IRON WORKERS ' � STRUCTURAL REBAR HELPER/LABORER LABORERS SKILLED SKILLED SEMI-SKILLED UNSKILLED LATHERS SKILLED UNSKILLED PERS�NNEL 04/21!92 BASE RATE 10. 31 8.47 7. 13 10. 31 i1.93 7.86 7.86 5.70 10.31 5.70 7. 13 13.48 7. 13 12. S� 7.86 7.13 8.47 5.70 9.82 5.70 8.47 7.13 9.82 7. 13 5.70 7.87 7. 13 5.70 4.42 10.31 5.70 1 FRINGE GROUP T�TAL HR BENEFIT INSUR RATE 1.87 1.05 I3.2? 1.54 1.05 11.06 1.29 1•OS ?�� 1.87 2. 16 1.43 1.43 1.03 1.87 1.03 1.29 2.44 1.29 2.27 1.43 1.29 i.54 1.03 1.05 1 .05 1.05 :1.05 1.05 1,C�5 1.05 I.05 1.05 1.05 1.05 1.05 1.05 1.05 1.05 1.78 1.05 1.03 1.05 1.54 1.05 1.29 1.05 1.78 1.05 1.29 1.05 1.03 1.05 1.43 1.05 1.29 1.05 1.03 1.05 .80 1.05 1.87 1.05 1.03 1.U5 13.23 15. 14 10.34 10.34 7.78 13.23 7.?8 9.47 16. 97 9.47 1`••85 10 . 34 9.47 11.06 7.78 1::.�5 7.78 11.06 9.47 12. b5 9.47 7.78 1G.35 9.47 7.78 6.27 13.23 7.78 Pti:F�TE� : � � � � � � � � � � � � � � � � � � � DUILL1IYl7 d l.Vl`IJ1L\V1.11V1Y 1LlI1LGJ ' J1l�t�Ut1i\L nt1VG L\A1GJ TRADE/CRAFT L.W. CONCRETE ROOFDECK PUMPMAN TANK OPERATOR HOSEMAN FINISHER LABORERS METAL BUILDING ASSEMBLERS JOURNEYMAN/CRAF�SMAN HELPER/LABORER MILLWRIGHTS JOURNEYMAN/CRAFT�MAN HELPER/LABORER PAINTERS CRAFTSMAN (BRUSH/SPRAY) CRAFTSMAN (TAPE/FLOA2') HELPER/LABORER PLASTERERS JOURIv'EYMAN / CRAFTSMAN HELPER/LASORER PLUMBERS & PIPEFZTTERS PLUMBERS PIPEFITTERS WELDER AIR COND. MECHANIC HELPER/LABORER POWER EQUIPMENT OPER�ITORS OPERATOR ( CR.ANE , CHERRY PICKER) OPERATOR (TAMPERS, MIXERS) ' ROOFERS CRAFTSMAN/JOURNEYMAN HELPER/LABORER SHEET METAL WORKERS JOURNEYMAN/CRAFTSMAN HELPER/LABORER SPRINKLER FITTERS JOURNEYMAN/CRAFTSMAN HELPER/LABORER SOUND/TV & ALARM CHIEF TECHNICIAN SR. J4URNEYMAN/CRAFTSMAN JOURNEYMAN/CRAFTSMAN PERSONNEL 04/21!92 BASE FRINGE GROUP T�TAL HR 5.70 4.42 4.42 5.70 4.42 5.70 4.42 1.03 1.05 7.78 .80 1.05 6.27 .80 1.05 6.27 1.t13 1.05 7.7� 1.03 1.05 6.50 1.03 1.05 7.78 1.03 � 1.45 6.50 9.82 � 1.78 7.13 � 1.29 i � � 11.93 ; 2.16 10.31 j 1.87 4.42 I t. �0 � I 10.31 � 1.87 4.42 .80 13.17 2.39 13.17 2.39 11.93 2. 16 1�.17 2.39 5.70 1.03 10.06 1.82 8.68 1.57 10.56 2. 16 5.70 1.03 9.82 1.78 5.70 1.03 10.81 1.96 4".42 .80 9..82 1.78 8.47 1.54 6.77 1.22 2 1 . OS 12. 65 1.0� 9.47 1 .05 15. 14 1.�5 13.23 1.05 6. ?7 1.05 13.23 1.05 6.27 1.05 16.61 1.05 16.61 1.05 15. 14 1.05 16.61 1.05 7.78 1.05 12.93 1.05 11.3� 1.05 13.77 1.05 7.78 1.05 t2.65 1.05 7:78 ].(15 13.82 1.05 6.27 1.OS 12.65 1.05 11.06 1.05 9.04 FWRATESI � � � � � � � � � � � � � � � � � � � TFADE/CRAFT TERRAZZO WORKERS JOURNEYMAN/CRAFTSMAN TILESETTERS J(��?RNEYMAN � CRAFTSMAN BASE FF.INGE �R��UP T��TAI. HF 11.93 10. 31 CITY•OF FORT WORTH COMPARABLE WAGE RATE - MID-POINT c�F PAY RANGE FRINGE BENEFITS AS � OF PAY RANGE VACATION 3.8$ SICKIFAMILY LEAVE 3.1$ HOLIDAY 3.46� RETIREMENT 8.5$ , Tc�TAL 18 . 8 6 $ GROUP INSURANCE -$2.1$4 PER YEAR AVERAGE PER EMPL•�?YEE. THIG COST REPRESENTS AN ADDED �1.05 PER HOUR Tn T�LL WAGE�. PERSnNNEL 04/21�92 3 2. 1F 1.87 1 . n �, 1.05 15. I4 ]3,2� pWR�TE� '_ � DGZ.ASSIFICATION � LJ L�l '!'J ,,� u L�� L�J � v � � � L� l�J '� HIC��IAX C1CN'I�iCTICN PR�.�IAILING WAL;E RATE F�OR 1995 RATE CLA.SSIFICATI4N RATE _________________________________-_=_________,____-_=______-______-______=______-_- AIR 'POOL OPgtATOR ASPfiAI.T RAKFR ASP'f�1LT S�iOVELER BATQiING PI�1N'r WEIC�igt $A'I'TFR60rARD SEITII� C�'1RPFI�iTII2 ��TE FINIS�iFR (PAV) OOI�CRET'E FINISKF�t (S'IR.S) �0[�c�2ETE TdTBBFR �C'iRICIAN F'I� F�O�i BU I I.DER ( S'IRS ) FOf�li LINFR Ft�Fhi S�I'I'�R ( PAV & QJRB ) b�OFd�i SETTII2 { S'I�RUG'IVRFS ) LAHORFR. OCt�4YfCrt I,�180FtFR, UPILITY ME�iANIC oz� S�YIC'Fit PIL�IV�t PIPEZAYFR SLA.STFR PC'JWFR �OUIPt�fP OPII2ATOR.S ASPfiALT DISTRIBU'I'OFt ASPHALT PAVING MAC�iINE Li�tOCM OR �rr.�rrlc OPF�TOR� E��LI.DO'LFR. 150 HP OR LFSS BLILI.DOrLF�R . OVgt 150 I� QOt�FC�I� PAVING QJRING MAQi. QONC�2L'I'E PAV FINISHING 2�C�i. UO(�ICRETE PAVING F�i (�2AD� QO[ZQ�F,'I� PAVING JOINT MACii. OCk`iC�PE PAVTNG 30INT SF1�LR QO[d�IE PAVII�G E7,QAT �.��r.�rr. PAVING SAW f70NC�t%;TE PAVING SPR�D� SL.IPFOF2M MACfiINE LXANE.CZAMSFi�L. BA(��OLE, DF�RIQt. IaRAGLINE. SfiC1S/ir3. (I�S.S Zi�N 1 1/2 CY} CR�IE.CI.�AM�II,.L. BAC�iOLE, D�i2RICK. I�t1�GLINE. Siia/II, (1 1/ 2 CY � O'V�tj CRiJStiING aR SC�2NG PLT OPR. Fl�"VATING GRI�DFR i�0[JI�II,IATICxt DfftILL OF'g2ATQR {c�AW�x Mocrr�rID� FO(JNDATICN I7RILL OPgtATOR 57.554 58.565 58.255 59.371 58.920 59.447 $9.345 S9.058 57,733 $12.761 55.598 58.71? 58.913 58.686 $8.42T 56.402 $?.461 510.658 58.698� $8.104 5T.500 58.509 511.333 58.404 59.053 57.908 58.703 59.160 $8.213 S9.453 $8.500 $9.042 $7 . 350 S7.875 $9.290 $9.750 $9.000 $9.000 $9.513 510.517 59.500 PCJFtFR DW I Pt�ii�1YT OF'F�A'I'OR.S MI LL ING MACH I NE OPERA'1�OR MI}�i (CNER 16 C.F. ) ZiIXFR (16 C.F. b I�ESS) MIXER- C70(�CRETE PAVING MO'IbR GRAD�R OPF�tHZrOR (FINE C�I�E) MfJ'ICR (�1Dgt OP�TaR PAV�2�4��iT !�,'ARKING MACNINE POS'Ii�OLE D�TLI�R 0�2ATOR Roi�.FR, sI�[, w��. (PLANT-3�.IX PAVE�NIS) ROLLER. S't�� WI��Z {F'LA'IWfiF�, Cfft TAl�SPING) ROi�I�R. PKF�MATIC SELF- PRO Sc�2AFh1�- 17 C.Y. & I�ESS SCRAPFR- ONF�t 17 C.Y. SIDE TRAG'1Cff2 C�tAWIsFR TYPE {150 & LESS) TRAG'IbR- CZtAWI�FR TYPE (CNIIt 150 HP) TRAG'iC�R -Pi�TIC TRAVII,ING MIXFR TRFNC�iING MAQiINE-LIC�1T TRFZiC�iING HAQiINE-HFAVY W�-DRILL. BORING MAC�iINE REINFORGING ST�, SEI'PF�2 (PAVING) REII�iFFnFtCING ST� SEITFR ( 5'�RtJC1URAL ) STF�II, WORi�R-STRUG'IURAL SICZ�1 rlcr�;iuc SPiZFADFR BOiX OPERATCR BAFtiZICAD�E S�VIC�R ZONIE WR. MC�mfl� SIC�I INSTALI,FR �P�NII�T C�20(JND) Z��i3CK. DRIVFR-SINGLE AXLE (LIC�iT) . �Ri3CR I�tIVII2-SINGLE AXI,E iHEAVX) '!'R(3CK DiRIVFR-TAI�IDIIri AXI�E � (SFMI-TR�4ILFR) 7RUCiC DRIVFR-LOWBaY/FLQAT VR ZinK�C DRIVFR-ZR�INSIT MIX ZRt3CX �IVFR-i�iINCH VIBRAZCIR OPIIZAT�OR W�ZDER 56.650 59.000 S7.913 $9.500 � �� JCiNE 6. 1.995 . ii(�N R,F,9CXJRCES � 510.346 $9.891 56.402 59.000 58.339 $7.963 $7.403 58.138 $8.205 $7 .793 $8.448 $8.873 $7.735 $7.615 $8.188 $12.498 59.000 59.218 511.548 526.300 $11.436 $6.98$ 56.402 56.402 57.465 $8.067 57.816 $9.653 $7.507 $8,200 57.000 $10.459 •� r LJ � {TRUCiC M�JN'I'F�) r�OUNDATICN DRILL OPR HEI,PER FROIYT II;I'T IAADkR p(2 1/2 CY OR LF,SS) FRLX�i'f FNT IAAD�R (CNER 2 1/2 CY) QfiOI ST ( DOUBLE DRL3�! & faFSS } [�J LJ u L� � � � -, �L� L*9 l�J � ��J � � JUNE 6, 1995 HTC�iAY OON'I'�KTIQN PREIIAILIflG WAGE RATE FUR 1995 511.138 58.823 59.311 58.917 �t ati►. � : �:_•_ r �y., 0 95HC�iVY � � C� I i L�I L�J � LJ l�l � � � � � L�� C�� L�J NOTICE , The following blank spaces in the Certificate of Insurance, Performance, Payme t and Maintenance Bonds, and Contract are not to be filled in by the Bidder at the time of submitt' g his/her proposal. These forms are inctuded herei to familiarize the Bidder with such forms which e successful Bidder will be required to execute. � ._..._ _...��.� .. ............. .�.. ...�..�..��....��........��. � � L*'J � �% � CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH, TEXAS Date: 7-7-99 NAME OF PROJECT: 10" Water Meter to serve the City of Saginaw PROJECTNUMBER: PW77-060770250020 Q THIS IS TO CERTIFY THAT Prose Backhoe & Utilities, L.�..C. (Name and Address of Insured) is, at the date of this certificate, Insured by this Company with respect to the business operations hereinafter � described, for the type of insurance and in accordance with the provisions of the standard policies used by this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. This certificate does not amend, extend, or alter the coverage afforded by the policies listed. TYPE OF INSURANCE � Policy No. Effective Expires Limits of Liability Worker'sCompensation SBPODU10779'+y9 4/23/9y 4/23/UU Statutory Comprehensive General � Liability Insurance (Public Liabiliry) � Blasting Collapse of Buildings or structures adjacent to � excavations Damage to Underground Utilities Builder's Risk � Comprehensive Automobile � Liability � Contractual Liability Other L�l �� l�J � � �� Bodily Injury: CLP3028936 7/29/98 7/29/99 Ea.Occurrence: $1,000,000 General lia �ility _limit s of liabili =�roperty Damage: sub j ect to �laimes pend ing, if any Ea Occurrence: $ 1, 000, 000 Included in CGL Ea.Occurrence: $ Included in CGL Ea.Occurrence: $ Included in CGL CAP2544394 7/29/98 Included in CGL Locations covered: Coverage territory: USA Description of operations covered: Utility Work 7/29/99 Ea.Occurrence: $ Bodily Injury: 1 000, 000 Ea. Person: $ ' Ea.Occurrence: $ Property Damage: Ea Occurrence: $1, 000, 000 Bodily Injury: Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ The above policies either in the body thereof or by appropriate endorsement provide 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. A�ency Trimble-Batjer Ins ance ASsociates LLP Fort Worth A�ent By ��-�- �� Address P 0 Box 2480, San ANgelo, Tx 76902 tle Partner LsJ � � � � CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW � Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides worker's compensation insurance coverage for all of it's employees employed on City of Fort Worth Project Number PW77-060770250020 , � .., STATE OF TEXAS § �' N�N. � COUNTY OF ��T § ,s�_ � � �1�1 ��, t �� • CONTRACTOR By:�l.l� /`.'� �'�� Title Date BE,�'ORE ME, the undersigned authority, on this day personally appeared '`" .i� ��%� f�Cs� -�i`��i,%r1� , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that .1�/she executed the � same as the act and deed of �iPDSf f�t�c'�t',�/C� �-11�;�'�i�N s, s L�- for the purposes and consideration therein ex pressed and in the capacity therein stated. �•. � GI D MY HAND AND SEAL OF OFFICE this � day of • a ' 19� , � � .._.._..�.w.._..� -, � 3 ,,,,,,,,,,, ) ;�'`PAYPVOl�% ��AHL i HOGEri(SUf� t ��: NCt2n� N��bii� at2tb �;t ICxas Y ' .,+>��F+,- My COmm�ssion fkUires �17•22-02 � Notary lic in and for the State of Texas � .,� �o � ��,. .....,�,r..�...�....... _..,.,,.....�...�-�.�...-�..----. , �..� i C � L�, l"�J '� LJ THE STATE OF TEXAS COUNTY OF TARRANT PERFORMANCE BOND 0 � KNOW ALL MEN BY THESE PRESENTS . Thatwe(1)ProsE Bac.k�ao,e, & Utiliites, LLC a(2) Limited Liabilitv Companv of St�te of Texas hereinafter called Principal, and (3) Universal Suretv of America , TX333182300 , 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: � Fifty four thousand seven hundred eiehtv six and no/100----------------- ($ 54, 786. 00* ) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, � Texas, for the payment of which sum wel] and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. � L�J � L�J �� 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 16th day of June , A.D. 19 99 � a copy of which is hereto attached and made a part hereof, for the construction of: 10" water meter to serve the City of Saginaw designated as ProjectNo.(s) pW77-060770250020 , 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 � L!'J � L■J 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. F-1 � � � 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 tlie contract or to the work to be performed thereunder or the specifcations accompanying the same shall in any wise affect its obligation on this bond, and it � does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. � � l�J � I�J IN WITNESS. WHEREOF, this instrument is executed in 6 counterparts each one of which shalt be deemed an original, this the � th day of July A.D., 19 g 9 ATTEST: � � J�/ D �/[ GU�- .K1Ql' (Principal) Secretary (SEAL) � e��1�� W�ness as�Pri ci�� 1 ��J� � (Address) ATTEST: � � l� I � � � (SEAL} (Surety) Secretary /vl• . Witness as to Surety P 0 Box 2480, San Angelo, Tx 76902 (Address) ' F-2 Prose Backhoe & Utilities, LLC /� - PRI�ICIPAL (4) BY: �(J//i/�ie _ f�s1 r11� ��On� 8659 Blair Rd Justin, Tx 76247 (Address) Universal Surety of America � Surety BY: /�i )"'. �� ' _ ' (Attorney-in-fact) (5) J seph P 0'Connor P 0 Box 1068, Houston, Tx 77251-1068 (Address) ' NOTE: Date of Bond must not be prior tb 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.. � L�J � l�l THE STATE OF TEXAS COUNTY OF TARRANT PAYMENT BOND � � TX333182300 � KNOW ALL MEN BY THESE PRESENTS: That we (1) Prose B�a�k:hc�°� & Utilities, LLC oa(2) Limited Liability Company of State of Texas , hereinafter called Principal, and (3) Universal Surety of America L�' � � � t �J � � L1 � lJ L� � u 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 iumly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter cailed 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: Fifty four thousand seven hundred eighty six and no/100-------------------- ($ 54, 786. 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 16th day of June A.D., 19 9 9 , a copy of which is hereto attached and made a part thereof, for the construction of: 10" water meter to serve the City of Saginaw designated as ProjectNo.(s) PW77-060770250020 , a copy of which contract is hereto attached, referred to and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter refened to as the "work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160, Revised Civil Statutes of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract, then this qbligation shall be null and void, otherwise it shall remain in full force and effect. F-3 O L�J � THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying tabor 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 Ar[icle 5160 of the Revised � f Civil Statutes. �� O �.*J � L7 I� � LJ � � � 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 or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the sarrte shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTFiER, 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 6 counterparts each one of which shall be deemed an original, this the �th day of July A.D., 19 99 ATTEST: .��2QC1.UG� //if�l1'� (Principal) Secretary (SEAL) � Wimess as to principal �o@�ar�n c��t ��a�5� (Address) ATTEST: (Surety) Secretary (SEAL) � `�� l� (� ( • `` jl Z,�vv[�A Witness as to Surety �P 0 Box 2480, San Angelo, Tx 76902 . (Address) � � F-4 Prose Backhoe & Utilities, LLC PRINCIPAL (4) BY�� ''fiLO.��L 865 B air R Justin, Tx /61.4/ (Address) Univers�l Surety of America S�J�y/1� BY: �--�.-- � (Attorney-m-fact) (5) P Box 1068, Houston, Tx 77251-1068 (Address) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation, a Partnership or an Individual, as case may be (3) Correct name of Surety (4) If Contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attomey-in-Fact. 0 � � � MAINTENANCE BOND TX333182300 I�I �� Lw9 I,I �� LJ � � l� Lsy l�'J THE STATE OF TEXAS COUNTY OF TARRANT Prose Backhoe & KNOW ALL MEN BY THESE PRESENTS: That (1)�-;1; r; aG T.T.C: , as Principal, acting herein by and through (2)Debbie Prose its c�uly authorized President and (3) UniverGal SLret�r of Ameri r.a a corporation organized under the laws of the State of TexaG , as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipal Corporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort Worth, in Tarrant County, Texas the sum of Fifty four thousand seven hundred eighty six and no/100------------ Dollars �$ 54, 786. 00* �� lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves, their heirs, executors, administrators, assigns and successors, jointly and severally. This obligation is conditioned, however; that, WHEREAS the Principal has entered into a certain contract with the City of Fort Worth, dated June 16, 19�9 for the performance of the following described public work and the construction of the followin described public improvements: 10" water meter �o serve City pf Saginaw all of same being referred to herein and in said contract as the Work and being designated as Project No.(s) pw��-nhn��n25nn2n ; 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 year after the date of the final acceptance of the work by the City; and � j WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term �'� of � `��1 � � one year • �d > > 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. F-5 �IL� � � � �� L"'J I� � �� [� � � 1L�'J L� �� i � � l�l NOW THEREFORE, if said Contractor shall keep and perform its said asreement 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 WIT'NESS WHEREOF, this instrument is executed in deemed an original, dated July 7, 1999 ATTEST: �a�c�c%� ��- �c (Principal) Secretary (SEAL) � /;rY�1fa-P Wimess as to Principal �, 0 . t�-�r �� Ff�. `l� (Address) ATTEST: (Surety) Secretary (SEAL) 6 counterparts, each one of which shall be Prose Backhoe & Utilities, Inc PRINCIPAL (4) BY: � f�� 8�� Justin, Tx 76247 (Address) c� Universal Surety of America �� Q� / Sur . � /�1 BY: %�/�-�--- (Attorney-in-fact) (5) 0 Box 1068, Houston, Tx 77251-1068 (Address) , NOTE: Date of Bond must not be prior to �ute of Contract ' c L /t�d Witness as to Surety P n Rnx ��Rn ca �oi � T.� �tian� (Address� � F-6 (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. �� C C, C. C�� UNIVERSAL SURETY OF AMERICA . P.O. BOX 1068 •Houston, Texas 77251-1068 ' GENERAL POWER OF ATTORNEY - CERTIFIED COPY ng��y mro�eu� ` � cnan 9002383 - TX 3331823 00 Trimble-Bacjer Insurance Associates - Know All Men by These Presents, That UMVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its pricipal office in Houston, Texas, does by these presents make, constitute and appoint Joseph P. O'Connor - Peter S. Batjer Randall Saverance Paul G. Adam of S� AnQelo and State of Texas its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and ste�d, to execute, acknowledge and deliver Bonds not to exceed $1,250,000.00 unless such is accompanied by letter of authority signed by the President, Secretary or Executive Vice President of Universal Surety of America. � and to bind tha Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby radfying and confirming all tUat the said Attorney(s)-in-Fact may do within the stated limitations, and such authority is to continue in force until 3/31/2001 . Said appointment is made under and by authority-of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 11 th day of July, 1984. ' "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie w any power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation." - In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, Jack McReynolds and its corporate seal to be hereto affixed this 2nd day of January, A:D.,1998. ' „`9�aEi� o k UNIVERSAL SURETY OF AMERIC a' . .� � , �py.•••• ~ �` � � State of Texas => E„ ,4 ,� q a S3� `'o,��• T�„i, '�'�' Jack McReynolds President County of Barris ' '"••• ••'' _' '� A r h.� � �,^hlllllx111�� . On this 2nd day of Januaty, in the year 1998, before me, Estela Leija, a notary public, personally appeared Jack McReynolds, personally known to me to be the person who executed the within instrument as President , on behalf of the corporatton herein named and acknowledged to me that the corporation esecuted it. l . _ _,__.__ : , . ES'�ELA l.El�lll .'; MY COMNf551pF� EM�(W�Yp�ES • r ��it� �� W�N � . • s Notary Public I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attomey issued by said Company, and do hereby further certify that the said Power of Attomey is still in effect. � GIVEN under my hand and the seal of said company, at Houston, Texas, this � day of July 19 99 �✓ �-�-"�-r As�tant Secretary Any instrument issued in excess of the penalry stated above is totally void and without any validity. For verification of the authority of this power you may telephone (713) 722-4600. 1801-1850/O50 � F� U � H z 0 U H � a r�■� � � r■�► � �a � �■r r r■■r s � � �r rwr �■■� r�■t w� �r■■� �i ��' � L!' � � � �! '�1 � L�J l�J � L�J L�J L�'J � �� PART G - CONTRACT THE STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT, made and entered into ,�,1nlG I�n � 19q�, by and between the City of Fort Worth, a home-rule municipa] 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 p,�Sf ,Bli-Cr('�dF t�i�/L�i`/[ •r�rL�.S �C- of the City of �,��ii. , County of _��iy�}N' and State of T X{�¢.S , Party of the Second Part, hereinafter termed "CONTRACTOR". . WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said Party of the First Part (Owner) to commence and complete certain improvements described as follows: 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, superintendence, labor, bonds, insurance, and other accessories and seryices 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 Contract Documents and General Specifications, all of which are made a part hereof and collectively evidence and constitute the entire contract. 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. G-1 I �J � � 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 sextuplicate in the year and day first above written. � Ciry of Fort Worth , exas (,�wner) � Party of he Firs � �'" G/ _ _ . By: Mike Groomer, �ssistant City Manager � � Party of the Second Part �,�C'�'.S� 1�'�r iKiS�4� �J �/�� / i�i�s L C', �.= Contractor � � � � � WITNESSES: Bradley Jr., Director APPROV ED: �1"�: A. Douglas Rademaker, P.E., Director Department of Engineering G-2 ATTEST: , � 11.lite-rti Gloria Pearson, ity Secretary (SEAL) �,'l., "- J � ' ! �� Contract Authorization. ,�-1�-9q Uate BY�,�Qa 1> / / U2- ��LGI fil — / ,/BoQ/�'�ryryJ � Approve as t� orm Legality: Gary Steinberger, Assistant City Attorney i City of Fort Worth, Texas � n��yar And C,aunc�l C,amro�un�cAt�an DATE REFERENCE NUMBER �I LOG NAME PAGE 6/15/99 **C-17473 60SAGINAW 1 of 1 SUBJECT AWARD OF CONTRACT TO PROSE BACKHOE & TILITIES INC. FOR THE CONSTRUCTION OF A 10-INCH WATER METER TO SERVE THE CITY OF SAGINAW • � � _ C�1�E It is recommended that the City Council authorize the City Manager to execute a contract with Prose Backhoe & Utilities, Inc. on the low bid of $54,786.00 for the construction of a 10-inch water meter to serve the City of Saginaw. DISCUSSION: The City of Saginaw desires to increase its available potable water supply. The City of Saginaw is requesting improvements to its existing metering station to meet increased water demands. The project was advertised for bid on January 21 and 28, 1999. C5n February 18, 1999, the following bids were received: . Bidder� Pr ackhoe & Utilities. Inc. B & H Utilities, Inc Davila Construction, Inc. . Stocker Enterprises, Inc. Linder-Stahl Construction Company, Inc. Bid Amount $54.786.00 $58,860.00 $64,632.80 $74,895.00 $81,258.00 Prose Backhoe & Utilities, Inc. is in compliance with the City's M/V1IBE Ordinance by cornmitting to 11% M/VVBE participation. The City's goal on this project is 9%. In addition to contract costs, $5,�}79.00 is required for contingencies and $5,479:00 is required for staff project overview. � FISCAL INFORMATION/C�RTIFICATION: 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 I FUND I ACCOUNT I„ CENTER I AMOUNT I CITY SECRETARY Office by: I (to) Mike Groomer Originating Department Head: Lee Bradley, Jr. Additional Information Contact: Lee Bradley, Jr. � 6140 I 8207 I (from) I PW77 � 8207 � 541200 060770250020 $54,786.00 l�'��ROYEt� � Y ��ltl�1L �!!1N 15 1999 � Y'�',i.�., l -�i r�.�-�J �,..�_ City Smcratary of x3c�r Ci4y Of F4i1. S,�'�rth, T�:::�"!