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Home My WebLink About025361 - Construction-Related - Contract - Phoenix Pump, Inc.� � � � I �l � � ,. _ _ ; . , : �;;�'�''.�� ; = !� `�:��s � ...,..- ' . _ .... - _ . .. ._..i }..Mw...,..� . ....� Gi�Y � , � SEGF��;; i'��'P�l � VERTICAL MIXED FLOW PUMPS VERI7CAL MIXED FLOW RE-BUILD PUMP STATION MODEL TESTING � � � � �� PROJECT NO. PW77-060770160150 JULY, 1999 ORT OIZTH . � .� ` __.,,�f��_ CITY SECRETARY �i'� (.� 1 CONTRACT NO. � „„ CITY OF FORT WORTH, TEXAS WATER DEPARTMENT SPECIFICATIONS AND CONTRACT OOCUMENTS FOR CLEAR FORK RAW WATER PUMP STATION IMPROVEMENTS EQUIPMENT PRESELECTION � PUMP STATION MODEL TESTING KENNETH BARR MAYOR LEE C. BRADLEY, P. E. DIRECTOR WATER DEPARTMENT DALE A. F1S.SELER, P.E. DEPUTY DIRECTOR WATER DEPARTMENT BOB TERRELL CITY MANAGER CHARLY ANGADICHERIL ASSISTANT DIRECTOR / WATER PRODUCTION S. FRANK CRUMB, P.E. ENGINEERING MANAGER BLACK & VEATCH FORT WORTH, TEXAS � - ��oco�� c��cc}c�� '��Q�I lo �C��o �' — r��_ l l�„ru ^�- __,�E oF r� y�P,.• •• �.qs` � �s� .: � ,, ��f �...RANDALL 6..Me1NTYRE �� _ o_ 64930 � :;-��: I� ��t55 � LJ � � L�J ADDENDUM NO. 5 SPECiFICATIONS AND CONTRACT DOCUMENTS FOR CLEAR FORK RAW WATER PUMP STA'TION IMPROVEMENTS EQUIPMENT PRESELECTION & PUMP STATION MODEL TESTING VERTICAL MIXED FLOW PUMPS a VERTICAL MIXED FLOW RE-BUILD PUMP STATION MODEL TESTtNG l�l � � � LJ � I�I l�J L!'� PROJECT NO. PW77-060770160i50 CITY OF FORT WORTH, TEXAS 1999 Addendum Release: August 9, 1999 Bids to be Received: August 12, 1999 A. SCOPE. This addendum forms a part of the Contract Documents referenced above and modiiies the original Contract Documents and plans. Contractor shall acknowledae receint of this Addendum No. 5 on the saace arovided on qaae B-6, of the Proposal and on the outside of the enveloQe of the bid., Failure to acknowledge receipt of this Addendum No. 5 could subject the bidder to disqualification. This Addendum No. 5 shalt cover the foliowing changes in the Contract Documents: B. SPECIFICATIONS. 1. PART SC — SUPPLEMENTARY CONDITIONS, Paragraph 4 ENGINEER: Add the foilowing words to the end of the paragraph. "or Black & Veatch, LLP." 2. PART SC — SUPPLEMENTARY CONDITIONS l■J l�: IL�J � � Replace Paragraph 5. PROPOSAL FORM with the foilowing. "5. PROPOSAL FORM: Delete Section C2-2.1 of tNe Generai Conditio�s in its entirety." 3. PART SC — SUPPLEMENTARY CONDITIONS Replace Paragraph 8. MINORI7Y BUSINESS ENTERPRISE / WOMEN BUSINESS ENTERPRiSE COMPLIANCE with the following. AD5-1 � � u � L!' � IJ � � � � LJ ADDENDUM NO. 5 (cont.) CLEAR FORK RAW WATER PUMP STATION tMPROVEMENTS EQUIPMENT PRESELECTiON & PUMP STATION MODEi. TESTlNG VERTtCAL MIXED FLOW PUMPS VERTICAL MIXED Fl.OW REBUILD PUMP STATION MODEL TESTlNG PROJECT NO. PW77-060770160150 "8. MIN�RITY BUSINESS ENTERPRISE / WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Delete Paragraph C3-3.2 in its entirety." 4. PART SG — SUPPLEMENTARY CONDITIONS Add the following subparagraph to Paragraph 11.0 Insurance. "11.7 ADDITIONAL INSUREDS: Contractor shali include Owner and Black & Veatch, LLP as additionai insureds on all,contractor's insurance poiicies excluding Worker's Compensation. 11.8 WAIVER OF SUBROGATION: Contractor and Owner waive all rights against each other and Black & Veatch, LLP, their directors, officers, partners, commissioners, officials, agents, subcontractors, and employees for damages covered by all insurancs, policies during and after completion of work." 5. PART SC — SUPPLEMENTARY CONDITIONS, Add the following subparagraph to Paragraph 16. LAWS TO BE OBSERVED: "Modify the third sentence of C6-6.1 to read as follows. The Contractor and his sureties shall indemnify and save harmless the a Owner and Black & Veatch, LLP and all of its directors, officers, partners, agents, commissioners, subcontractors and employees against any and all ciaims or liability arising from or based on the violation of any such � law, ordinance, regulation, or order, whether if be by himself or his employees." L■J 6. PART SC — SUPPLEMENTARY CONDITIONS Insert the new paragraph 18 and renumber all subsequent paragraphs. � �� u � "18. Paragraph C6-6.3 PATENTED DEVICES, MATERIALS AND PROCESSES: Add the words "and Black & Veatch, LLP" after the words " the Owner" at each and every location in the paragraph." AD5-2 I�J � � � l■�1 � u �! � � L�'J L�J LJ l�l � j� � � � ��' ADDENDUM NO. 5 (cont.) CLEAR FORK RAW WATER PUMP STATION IMPROVEMENTS EQUlPMENT PRESELECTION & PUMP STATION MODEL TESTlNG VERTICAL MIXED FLOW PUMPS ' VERTICAL MIXED FLOW REBUILD PUMP STATION MODEL TESTING PROJECT NO. PW77-060770160150 7. PART SC — SUPPLEMENTARY CONDITIONS Insert the new paragraph 20 and renumber aii su6sequent paragraphs. "20. Paragraph C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: The words "and Black & Veatch, LLP" shall be added after the words " the Owner" at each and every location within the paragraph." Black & Veatch �d�Q �� cq �2„4�4�OrJoJ ,�.�a�G �l': �`� �L��r {��.�.• •�•. �� 1 p y �.• •.��;1 �p � b.i• � � �tJ't'i . (� ,.��.� :.........................: �.,� �;C�r�Y EDtiyARD HAYAdE�� :a< .................................. �p p;� : 84�4�J :{�+�' , , � @�OC�.:`lnre.�c�G9•.•`'i�c:' . 1`�,�'�` . �� l v Receipt Acknowledged: �oe,vrx �� r' Company: l��—IN� By: `' �� `' `---'— 0..� Date: /v��--,y'l�' � AD5-3 l�J �' � � ADDENDUM NO. 4 SPECIFlCATIONS AND CONTRACT DOCUMENTS FOR CLEAR FORK RAW WATER PUMP STATION IMPROVEMENTS EQUlPMENT PRESELECTION & PUMP STATlON MODEL TESTING VERTICAL MlXED FLOW PUMPS � VERTICAL MIXED FLOW RE-BUlLD PUMP STATION MODEL TESTING �I L�J l�J � � l�� L� 1 L■J u PROJECT NO. PW77-060770160150 CITY OF FORT WORTH, TFXAS 1999 Addendum Release: August 6, 1999 Bids to be Received: August 12, 1999 A. SCOPE. This addendum forms a part of the Contract Documents referenced above and modifies the original Contract Documents and plans. Contractor shall acknowledae receipt of this Addendum No. 4 on the sqa�e �rovided on paqe B-6 of the Proqosai. and on the outside of the envelope of the bid. Failure to acknowledge receipt of this Addendum No. 4 could subject the bidder to disqualification. This Addendum No. 4 shall cover the following changes in the Contract Documents: B. SPECIFICATIONS. 1. PART C— GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS Delete this entire section. The General Conditions contained in Appendix A shall senre as the General Conditions for this contract. 2. PART SC — SUPP�EMENTARY CONDITIONS Delete this entire section. L!� 3. APPENDIX A— SUPPLEMENTARY CONDITIONS Lil l�l � I�l Delete this entire section. 4. PART SC — SUPPLEMENTARY CONDITIONS 0 Add the attached new supplementary conditions for this contract. AD4-1 i� � 1 � � � 1 � � � � � a 0 0 a D � Q ADDENDUM NO. 4 {cont.� CLEAR FORK RAW WATER PUMP STATION IMPROVEMENTS EGIUIPMENT PRESELECTION & PUMP STATION MODEL TESTING VERTICAL MIXED FLOW PUMPS VERTICAL MIXED FLOW REBUILD PUMP STATION MODEL TESTINC PROJECT NO. PW77-060770160150 Black & Veatch �1 �� '� a�xT �'�'�'r.�1�., p �-.- -•:tiY'-:,'. �:� � • : ;?�� ''�: ' i? .. ...........................I... CLAY ED4"�IARQ NAYNES ................................. . ;�.�: _ 84345 : �� ` <i'"".,'~� � 19 a4 Receipt Acknowledged: Company:��ZO�N/�i �Gt��,�� .—�` i�,r,s. Date: �G�/a/Cllf AD4-2 � L�J � �' SUPPLEMENTARY CONDITIONS FORT WORTH, WATER DEPARTMENT WATER AND WASTEWATER TREATMENT PLANT PROJECTS JUne 1,1998 1. CONTRAC"T DOCUMENTS: In Section C1-1.2 CONTRACT DOCUMENTS, delete Paragraph Cl-1.2b SPECIAL CONTRACT DOCUMENTS and add the following: "b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are aprepared for each specific project as a supplement to the Gene'ral Contract Documents and include the following items: � PART A- NOTICE TO BIDDERS (Advertisement) SPECIAL INSTRUCTION TO BIDDERS PART B - PROPOSAL (Bid) M/WBE BID SPECIFICATIONS PART C - GENERAL CONDITIONS PART CS- SUPPLEMENTARY CONDITIONS PART D - SPECIAL CONDITIONS PART E - TECHNICAL SPECIFICATIONS PERMITS/EASEMENTS (Some Permits are Multicolored) PART F- BONDS AND INSURANCE PART G - CONTRAC'f PART H- PLANS/FIGURES (may be bound separately) t White White White Goiden Rod Canary Yellow Green Green White White White White White" C C ��' L �■� � �I� CI 2. DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: Delete entire Paragraph C1-1.17, and replace with the following: � C1-1.17 DIRECTOR OF TRANSPORATION AND PUBLIC WORKS:, The officially appointed Director of the Transportation and Public Works Department of the City of Fort Worth, or his duly authorized representative, assistant, or agents. 3. DIRECTOR OF ENGINEERING: Add the following paragraph after C1-1.17 and before C1-1.18: C1-1.17A DIRECTOR OF ENGINEERING:, The officially appointed Director of the � Department of Engineering of the City of Fort Worth, referred to in the charter as the City Engineer, or his duly authorized representative assistadt, or agents. L■J � u LJ 4. ENGINEER: Delete entire Paragraph C1-1.19, and replace with the following: The Director of the Fort Worth Department of Engineering, the Director of Fort Worth Transportation and Public Works Department, the Director of the Fort Worth Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. CS-1(AD4-3) CI� LiJ �J CI � C C �I L�JI � I■I I■I L�J � � [l J � � 5. PROPOSAL FORM: In Section C2-2.1, Paragraph 1, revise last sentence to read as follows: "The Bidder shall furnish a Financial Statement, Equipment Schedule, and Experience Record, all of which must be properly executed and filed wit� the Director of the Water Department one week prior to the hour for opening of bids. Information shall be on forms provided by the Bidder and acceptable to the City. 6. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: In Section C2-2.3, Paragraph 2, add the following to the last sentence: "except for changes in the site conditions caused by factors outside of the control of the Contractor which occur after the Contractor's inspection and prior to installation." 7. INTERPRETATION AND PREPARATION OF PROPOSAL: Part C- General Conditions, Section C2-2, exchange paragraphs C2-2.7, C2-2.8, and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is deiivered, accompanied by its proper Bid Security and other required material, to the Purchasing Manager or his representative at the o�cial location and stated time set forth in the proposal at the proper time to the proper place. 'I'he mere fact that a proposal was dispatched will not b.e considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL" and the name or description of the project designated in the "Notice To Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box 17027, Forf Worth, Texas 76102." C2-2.8 WITHDRAWING PROPOSALS: Proposals actually �led with the Purchasing Manager cannot be withdrawn prior to the time set for the opening of proposals. A request for non consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aIoud, the proposals for which non-consideration reyuests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS,: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communiCation is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not r�ceived within forty-eight (48) hours after the proposal opening time, no further cons�deration will be given to the proposal. CS-2(AD4-4) � � � L.'' � I� L�1 I�!! 8. MINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Delete entire Paragraph C3-3.2, and replace with the following: C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by � a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or �les in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor wiil be grounds for termination of the contract and/or initiating action under appropriate federal. State or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. 9. C3-3.5 AWARD OF CONTRACT is modified to read as follows: � "The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed the period stated for the duration of the Bid Security stated in the Notice to Bidders or 90 days, whichever is shorter." � � � � L�J � LJ �' u 10. C3-3.7 BONDS. For the Paragraph after Paragraph C3-3.7d OTHER BONDS, which begins with "No sureties", change the entire paragraph to read as follows: "No Sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and the surety shall be acceptable to the Owner. In order for a surety to be acceptable to the Owner: (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties {Circular 870}, or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the amount of the bond shall not exceed the amount shown on the treasury list or one- tenth (1/10) of the total capital and surplus. If reinsurance..�s required, the company writing the reinsurance must be authorized, accredited or trusteed to do business in the State of Texas. Each bond shall be properly executed by both the Contractor and the Bonding eompany." � CS-3(AD4-5) � IJ u �J �� 11.0 INSURANCE. Change the following portions of C3-3.11 Insurance as shown below: 11.1 INSURANCE FOR SUBCONTRACTORS: At the end of the first paragraph of Section C3-3.11, after "and for all subcontractors", insert the following sentence: "The General Contractor may require all subcontractors to be insured and submit documentation ensuring that the requirements of C3-3.11 are met for all suhcontractors." 11.2 INSURANCE LIMITS. In Section C3-3.11, after the word "occurrence", add "/aggregate��. 11.3 COMMERCIAL GENERAL LIABILITY INSURANCE: In Paragraph C3-3.11b: a Replace the word "Comprehensive" with "Commercial" Add the following to Paragraph C3-3.11b: u l� I� l�l � ��1 � � u � u � � "Certi�cates of insurance shall state that Insurance is on an "occurrence" basis." Certificate shall also contain a statement that no exclusions by endorsement have been made to the Commercial General Liability Policy". 11.4 COMMERCIAL GENERAL LIABILII'Y {CGL) POLICY: Amend Paragraph C3-3.11c, Additionai Liability, by adding the following: "7. When required by the Contract Documents, Environmentat [mpairment Liability Coverage must be provided in the limits of $1,000,000 per occurrence and $2,000,000 annual aggregate. The Environmental Impairment Liabiiity (EIL) must contain coverage for sudden and accidentai contamination or pollution, liabiIity for gradual emissions, and ciean-up costs. The E�L coverage shall include two year completed operations coverage on a per Project basis. A separate insurance policy may be needed to fulfill this requirement. EIL for damages incurred in the course of transporting siudge shall be covered under the contractor's insurance poiicy(s)." 11.5 AUTOMOBILE INSURANCE LIMITS: Revise Paragraph C3-3.11d so that the insurance limits are as follows: Bodily Injury $250,000 each person BodiIy Injury $500,000 aggregate Property Damage $100,000 aggregate 11.6 LOCAL AGENT FOR INSURANCE AND BONDING: For Paragraph C3-3.1 lg, delete entire paragraph beginning "Loca! Agent for Insurance and Bonding". i2. AWARD AND EXECUTION OF DOCUMENTS: Add the follawing paragraph to this section: CS-4(AD4-6) LJ� "C3-3.16 The Contractor to whom a contract is awarded will be furnished, free of charge, five copies of the Specifications, together with all Ad�enda thereto. . pAdditional copies of Specifications may be obtained from the office of Black & Veatch at 100 E. 15`" Street, Suite 600, Fort Worth, Texas 76102, on the following � basis: Each complete set of Specifications $40.00" l!� u �•J � LJ � LJ l■J f �'. � l�l Li' I�l u � � � 13. LIMITATION OF INCIDENTAL CHARGES (Reference C4-4.Sc): The Contractor agrees that should any change in the work of extra work be ordered, the following applicable percentage shall be added to Material and Labor Costs to cover overhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed IS%. 2. Allowance to the Cantractor for overhead and pro�t for extra work performed by a subcontractor and supervised by the Contractor shall not exce�d 10%. Contractor shall be reimbursed for�direct field overhead when the change requires an extension of the Contract period. Contractor shall not be reimbursed for indirect overhead or indirect costs related to changes to this contract. 14. SUBSTII'UTE AND "OR-EQUAL" ITEMS: Delete Paragraph C5-5.11 in its entirety and replace with the following: "CS-5.11 Substitute and "Or-Eaual" Items. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, and quality required. Uniess the specifcation or description contains or is followed by words reading that no like, equivalent, or "or- equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer under the following circumstances: CS-5.11.1 "Or-Eaual": If in Engineer's soie discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements far evaluation of the proposed substitute items. . CS-5.11.1 Substitute Items: If in Engineer's soie discretion an item of material or equipment proposed by Contractor does not qualify as an "or,-equal" item under Subparagraph 5.10.1, it will be considered a proposed substitute item. Contractor shall submit sufficient information as provided below to allow Engineer to determine that CS-5(AD4-7) � � I�J � u LJ u L� �] � � �� 1 u � � L�J L�J LJ Li' the item of material or equipment proposed is essentially equivalent to that named and a substitute therefor. The procedure for review by Engineer will include the following as supplemented in Division 1, General Requirements, and as Engineer may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall first make written application for evaluation thereof to Engineer, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to tfiat specified, and be suited to the same use as that specified. The application shall state the extent, if any, to which use of the proposed substitute, will prejudice Contractor's achievement of each Milestone on time, whether or not use of the substitute in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for work on the Project) to adapt the design to the proposed substitute, and whether or not incorporation or use of the substitute in connection ri►ith the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that speci�ed shall i�lentified in the application, and available maintenance, repair, and replacement service will be indicated. The application shall also contain an itemized estimate of all costs or credits that wiIl result directly or indirectly from use of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by Engineer in evaluating the proposed substitute. Engineer may require Contractor to fumish additional data about the proposed substitute. CS-5.11.3 Contractor's Exnense: All data to be provided by Contractor in support of any proposed "or-equal" or substitute item shall be at Contractor's expense. CS-5.11.4 F,n��neer's Evaluation: Engineer shall be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraph 5.10.2. Engineer will be the sole judge of acceptability. No "or-equal" or substitute shall be ordered, installed, or utilized until Engineer's review is complete, which will be evidenced by either a Change Order or compietion of the Shop Drawing review procedure. Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any "or equal" or substitute. Engineer will record time required by Engineer and Engineer's Consultants in � evaluating substitutes proposed or submitted by Contractor pursuant to Paragraph 5.10.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with Owner for work on the Project) occasioned thereby. Regardless of Engineer's decision regarding a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of � Engineer and Engineer's Consultants for evaluating each such proposed substitute item." 15. TESTING COSTS: Section 5-5.12, revise the �rst sentenc� to read as follows: CS-6(AD48) � u "Where, as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for by the Contractor unless otherwise specifically provided for in the Technical Speci�cations." Q 16. LAWS TO BE OBSERVED: Section C6-6.1, delete "or which may be enacted later". After the word "exist," add "at the time of the Contract or may be hereafter exist during the performance of the Contract." ��1 � ��l � � � � � �. i� L� L�J I�I u LJ 17. BUILDING PERMITS: Paragraph C6-6.2 Insert the following at the end of the paragraph; "Contractors are responsible for obtaining construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code �nspection Department in accordance with the permit requirements and submit copy of updated schedule to the Engineer weekly. Building, plumbing, electrical and mechanical building permits are issued without charge. Water and sewer�access fees will be paid by the Water Department. Any other permit fees are the responsibility of the Contractor." 18. BARRICADES, WARNINGS AND FLAGMEN: In Paragraph C6-6.8, replace the word "watchmen" wherever in appears with the word "flagmen". In the first paragraph, lines five (5) and six (6), replace "take all such other precautionary measures" with "take all reasonable necessary measures". 19. STATE SALES TAX: A. Delete Paragraph C6-6.21 STATE SALES TAX in its entirety. B. This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise, and Use Tax Act. AlI equipment and materials not consumed by or incorporated into the project construction are subject to State Sales Tax under House Bill 11, enacted August 15, 1991. all such taxes shall be included in the various amounts on the Proposal Form. The successful Bidder shall be required to submit a breakdown between costs of labor, consumable material and other construction costs and costs of materiai incorporated into the project construction prior to execution of this contract. C. At the time of execution of the Contract Documents by the Contractor, the Contractor shail complete the "Statement of Materiais and Other Charges" which identifies the project costs anticipated in the Project into "Materials Incorporated into the Project" and "All Other Charges". The Contract shall be a"Separated Contract". D. The City of Fort Worth will issue appropriate Ceriificates of Resale to the Contractor. E. Ali Change Orders to the Contract will separate charges for materials and labor and will contain the following statement: CS-7(AD49) � � LJ lil � u L�! � � I � [�l �i ��l U u � l�l i� � "For purposes of complying with Texas Tax Code, the Contractor agrees .that the charges for material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material ta the Contractor." 20. DISPUTE RESOLUTION: Add the following paragraph: "C6-6.22 DISPUTE RESOLUTION: In the event of a disagreement over any decision of Engineer, or of any other dispute or disagreement between Owner and Contractor, the use of Alternative Dispute Resolution (ADR) methods will be encouraged instead of formal dispute resolution procedures, to promote and rnaintain amicable working relationships between the parties. ADR methods may include negotiation and mediation. In the event that ADR procedures are unsuccessful, the dispute may then proceed to other legal actions." 21. INDEMNIFICATION: Add the following paragraph: "C6-6.23 INDEMNIFICATION: CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any claim, damage, loss, or expense (a) is attributable to bodiIy injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work#aitsel� including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, anyone directly or indirectly employed by CONTRACTOR or anyone for whose acts CONTRACTOR may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. in any and all claims against OWNER and ENGINEER or any of their agents or by any employees of CONTRACTOR, anyone directly or indirectly employed by CONTRA.CTOR or anyone for whose acts CONTRACTOR may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits .payabie by or for CONTRACTOR under workmen's compensation acts, disability benefit acts or other employee benefit acts. The indemni�cation obligations of CONTRACTOR shall not extend to the liability of ENGINEER, his agents or employees arising out of (a) the preparation of drawings, opinions, reports, Change Orders, designs, or�'specifications or (b) the giving of or the failure to give directions or instructions by ENGINEER, his agents or employees, providing such giving or failure to give is the primary cause of injury or damage." 22. ASSIGNMENT OF PROCUREMENT CONTRACTS: Replace Paragraph C7-7.2 in it's entirety and replace with the following paragraph: CS-8(AD4-10) � � I�� l�J � � � � C7-7.2 AS5IGNMENT OF PROCUREMENT CONTRACT�: Foilowing award of the general construction contract, Owner will assign all or part of the procurement contract(s) to the general construction contractor as stipulated in the Contract Attachment A — Agreement. 23. PARTIAL PAYMENTS: Change Paragraph C8-8.5 to read as follows: "Partial pay estimates shall be submitted by the Contractor 5th day and the 20th day of the month that work has been is in progress. The estimaie shall be processed by the City on the lOth day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of pay estimate have not ,been so installed. If such materials ar:e included within a pay estimate, payment shall be based upon 85% of the net invoice value thereof. The Contractor will furnish the engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000.00 at the execution, retainage shall be ten percent � (10%). For contracts of $400,000.00 or more at the time of e�cecution, retainage shall be five percent (5%). aContractor shall pay subcontractors in accord with subcontract agreement, within five (5) business days after receipt by the Contractor of the, payment by the City. a Contractor's failure to make the required payment to subcontractors wili authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. � l�l �L�J � I�l � �� a It is understood that the partial pay estimates will be approximate oniy, and all partial pay estimates and payment of the same will be subject to eorrection in the estimate rendered following the discovery of an error in any previous estimate. Payment of any partial pay estimate shall not, in any respect, be taken as an admission of the Owner of the amount of work done or of its quality of suf�ciency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the payment of apy partial estimate if the Contractor fails to perform the work in strict accordance with the speci�ications or other provisions of this Contract. Additional provisions regarding payment appiications are found in Contract Attachment A— Agreement. See Section G of this document. 24. FINAL PAYMENT: Add the following paragraph to Section C8-8.8: CS-9(AD4-11) �J u l�l � L�J u l■J '� � I■! CS-8.8 "Additional provisions regarding final payment are found in Contract Attachment A— Agreement. See Section G of this document." 25. RIGHT TO AUDIT: Add the following to Section C8-8: C-8-8.14 RIGH'T TO AUDIT: "(a) The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to inciude in ail its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c) hereof. The City shall give subcontractor reasonable advance notice of intended audits. a (c) Contractor and subcontractor agree to photocopy such docnments as may be requested by the City. The City agrees to reimburse contractor for the cost of the copies as follows: � I!I L � � L�J u � � 1. 50 Copies and Under -10 cents per page. 2. More than 50 copies - 85 cents for the first page plus ffteen cents for each page thereafter." (5/25/93) 26. SCHEDULE OF COSTS: Add the foilowing to Section C8-3: CS-8.15 SCHEDULE OF COSTS: Following the compl,etion of all work on the Project and prior to submittal of a request for finai payment, the Contractor shall provide a Schedule of Costs to City for approval which lists all equipment systems, structures, building electrical and HVAC systems, overhead and project related costs. The items will be grouped into categories using the Owner's list of category codes which will be provided by the Owner at the Preconstruction Conference. The Schedule of Costs wiil be used by the City as input to the Capitat Assets System, and will not be considered in preparation of modi�catians to the Contract. Costs CS-10(AD4-12) � � � � � I 1 � � � 1 � 1 � � � � � � associated with the preparation and processing of this schedule of costs shall be subsidiary to the price bid. . The Contractor will also provide a prajected payment schec�ule tied to the pro}ect schedule and the schedule of values which projects the monthl�y payments through the end of the Project. The Payment schedule must be submitted along with the first request for payment. This information is necessary to arrange ,"financing of the Project by the City. r �, �� END OF SECTION I P . ( . I { t I Ij / 1 r 1 ( I � I ' I � I � I t I �. I t I I F I � I t I r I I � IC I � � CS-11(AD4-13) � , � L u L�J LJ L�J I �l I �' � �� ADDENDUM NO. 3 SPECIFlCATIONS AND CONTRACT DOCUMENTS FOR CLEAR FORK RAW WATER PUMP STATION IMPROVEMEiVTS EQUlPMENT PRESELECTION & PUMP STATtON MODEL TESTiNG � VERTICAL MIXED FLOW PUMPS � VERTICAL MIXED FLOW RE-BUILD PUMP STATION MODEL TESTING � ; PROJECT NO. PW77-060770160150 � CITY OF FORT WORTH, TEXAS 1999 Addendum Release: July 26, 1999 � Bids to be Received: August 12, 1999 � THE SID OPENING DATE 1S BEING EX7ENDED TWO WEEKS BY THIS ADDENDUM N0.3 FROM .fULY 29, 1999 TO AUGUST 12,1999. , A. SCOPE. This addendum forms a part of the Contract Documents referenced above and modifies the original Contract Documents and pians. �Cantractor shaii acknowledge receipt of this Addendum No. 3 on the s�ace pravided an page B-6 of the Proposal, and on the outside of the envelape of the bid. Failure to acknowledge receipt of this Addendum No. 3 could subject the bidder to disqualification. This Addendum No. 3 shall cover the foliowing changes in the Contract Documents: aB. SPECIF4CAT10NS. u I,ll u 1. PART A— NOTlCE TO BIDDERS Page A-1, change date in first paragraph from July ,29, 1999 to August 12, 1999. ' 2. PART E— TECHNICAL SPECIFICATIONS � �Section 16150, Adjustable Frequency Drives, page number 1, Part 1— General, 1-2. General, third paragraph: a � � Change the first sentence to read "The new adjustable frequency drives will be Allen-Bradley, Reliance, Cutler Hammer, GE, Toshiba, or Robicon." , a � � � � AD3-1 f�l f�l � ADDENDUM NO. 3 (cont.) CLEAR FORK RAW WATER PUMP STATION tMPROVEMENTS EQUIPMENT PRESELECTION & PUMP STATION MODEL TESTtNG VERTICAL MIXED FLOW PUMPS ' VERTICAL MIXED FLOW REBUILD PUMP STATION MODEL TESTING PROJECT NO. PW77-060770160150 �j Section 16150, Adjustable Frequency Drives, page number 8, Part 2— Ll Products, 2-2 Acceptable Manufacturers, first paragraph: Change the first sentence to read "All drives shall be pulse-width j� modulated type, as manufactured by Cutler Hammer, GE, Toshiba, Allen- Li Bradley, Reliance, or Robicon." LJ � L�J � � � n [� I�I � f�l � � � Black & Veatch �'�� :.�E oF rF�� .�P,.•••••.. -...,.;1'qS � � •_'� � ti *� •i ;R �...: RANDAI.L 6. McINTYRE f f� � � ,Q 64930 � :�`: ' I��,`� . c��ST6R�; �� ,s = �1..Sn:• _aG� Zq, � yg y Receipt Acknowledged: Company: ��dG'�t/ � %° . By: ` ` � , /d�' Date: ///a,,,�CJ� , AD3-2 � � � �•1 ADDENDUM NO. 2 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CLEAR FORK RAW WATER PUMP STATION IMPR�VEMENTS EQUIPMENT PRESELECTION & PUMP STATION MODEL TESTING Q VERTICAL MIXED FLOW PUMPS VERTICAL MIXED FLOW RE-BUILD PUMP STATION MODEL TESTING l�l � L�J �LJ � � PROJECT NO. PW77-060770160150 CiTY OF FORT WORTH, TEXAS 1999 Addendum Refease: July 26, 1999 Bids to be Received: Jufy 29, 1999 THE BID OPENING DATE 1S NOT BEiNG EXTENDED BY THIS ADDENDUM NO. 2. A. SCOPE. This addendum forms a part of the Contract Documents referenced above and modifies the originaf Contract Documents and pians. Contractor shall acknowledae recei�t of this Addendum No. 2 on the space arovided on paae B-6 of the Proposal. and on the outside of the envelope of the bid., Failure to acknowledge receipt of this Addendum No. 2 could subject the bidder to disqualification. This Addendum No. 2 shall cover the fallowing changes in the Contract Documents: � B. SPECIFICATIONS. l� PART E — TEGHNICAL SPECIFICATIONS Section 16150, Adjustabie Frequency Drives, page number 1, Part 1— D General, 1-2. Generai, third paragraph: Change the first sentence from "The new adjustable frequency drives will be Allen-Bradley, Reliance or Cutler Hammer." to read "The new � adjustable frequency drives will be Allen-Bradl'ey, Reliance, Cutler Hammer, GE or Toshiba." a Section 16150, Adjustable Frequency Drives, page number 2, Part 1- General, 1-3. Description: Delete section 1-3.01. Six-Pufse Drives. � L! � AD2-1 I � ' � � � � 1 � � a a � � u a a D a ADDENDUM NO. 2 (cont.) . CLEAR FORK RAW WATER PUMP STA7iON IMPROVEMEN�S EQUIPMElVT PRESELECTION & PUMP STATION MODEL TESTING VERTICAL MIXED FLOW PUMPS VERTICAL MIXED FLOW REBUILD PUMP STATION MODEL TESTING PROJECT NO. PW77-060770960150 Section 16150, Adjustable Frequency Drives, page number 8, Part 2— Products, 2-2 Acceptable Manufacturers, first paragraph: Change the first sentence from " All drives shall be pulse-width modufated type, as manufactured by Cutler Hammer, GE, or Toshiba." to read "All drives shall be pufse-width modulated type, as manufactured by Cutler Hammer, GE, Toshiba, Allsn-Brad{ey or Reliance." Biack & Veatch �� ,�� '�� °F rFk''�� . ........ ... . � �i - ' s► S:• � • .... ...r.......... �� f It11NDALL G. McINTYRE � . ........................... . �o• ,Q 64930 p :�wa� �+'c►�`' •FC�S'i6t��v��1►s s � ��°::� .(�I.� z�, iy59 Receipt Acknowledged: Company: ��°nitk I�t . /, � � AD2-2 �. Date: l� �� Lsl lJ �,� ��I l!' ADDENDUM NO. 1, SPECIFICATtONS AND CONTRACT DOCUMENTS FOR CLEAR FORK RAW WATER PUMP STATION IMPROVEMENTS EQUIPMENT PRESELECTION & PUMP STAT{ON MODEL. TESTING Q VERTICAL MIXED FLOW PUMPS VERTICAL MIXED FLOW RE-BUfLD PUMP STATIDN MODEI TESTING � L�J �� L! l�l LJ L■J L�J L■J L�I � ,I � � �� PROJECT NO. PW77-060770160150°' C1TY OF FORT WORTH, TEXAS 1999 Addendum Release: July 22, 1999 Bids to be Received: July 29, 1999 A. SCOPE. This addendum forms a part of the Contract Documents referenced above and modifies the original Contract Documents and plans. Contractor shaN acknowledae receiat of this A,ddendum No. 1 on the space �rovided on paae B-6 of the Pr000sal. and on the outside of the envelone of the bid. Faifure to acknowledge �eceipt of this Addendum No. 1 cauid subject the bidder to disqua{ification. This Addendum No. 1 shall cover the foilowing changes in the Contract Documents: B. SPECIFICATIONS. 1. PART A-- NOTICE TO BIDDERS Replace originai page A-1 with the attached revised page AD1-3 oi this addendum. 2. PART A— INSTRUCTIONS Tt� BIDDERS Replace original pages A-4 to page A-10 with the attached revised pages AD1-4 to AD1-10 of this addendum. 3. PART B -- PROPOSAL Replace original pages B-1 through page B-6 with the attached revised pages AD1-11 to AD1-16 of this addendum. 4. PART SC - SUPPLEMENTARY CONDITIONS " Replace original pages SC-1 to SC-11 with the attached revised pages AD1-17 to AD1-27 of this addendum. AD1-1 u � I�' � ��J ADDENDUM N4. 1 (cont.) CLEAR FORK RAW WATER PUMP STATION IMPROVEMENTS EQUtPMENT PRESELECTION & PUMP STATION MODEL TESTING VERT(CAL MIXED FLOW PUMPS VERTICAL MIXED FLOW REBUILD PUMP STATION MODEL TESTING � PROJECT NO. PW77-060770160150 5. PART G — CONTRACT CONTRACT ATTACHMENT A 1n the first paragraph, add the foffowing words before the phrase (herein called Contractor). ",the Pracurement Contractor" � �I a C� �� L�J L�J L� � I_�l LJ Black & Veatch ,n�,.r � ��,�u,�,�- ��"'� A,��vOv,�� V ,�s�-��Q�T,fi�,Q9 ,,.. • . l^ .: 5� •' ;L' . u• 9g r �� :� • r"�f •.•'; �� v, : � ......... o .. ............. � aClAY ED�"'��'t� ;• ,,, � . ,.. ;F:��JiS.n. � ................:..,., ... :..� ��.it ,i�,_ ",;�-►y ..a 8�;, v:� � ,., . , ;,; • � ��.� jn.;+.{i�i.; •�•� � !',; � :ti `4',��,'� ��. R s . '�.�.J � ,.. s� Z3 L { •�� Receipt Acknowledged: �%/ .. C �-- Company: /`!4� M c• By: �.� AD1-2 Date: G � ��' �... � R" � .� � �� CI-1 C1-1.1 C1-1.2 CI-1.3 C1-1.4 C1-1.5 C1-I.6 C1-1.7 CI-1.8 C1-1.9 CI-1.10 C1-1.11 CI-1.12 C1-1.13 C1-1.14 C1-1.15 C1-1.16 C1-1.17 C1-1.18 C1-1.19 C1-1.20 C1-1.21 C1-1.22 C1-1.23 C1-1.24 C1-1.25 C1-1.26 C1-1.27 C1-1.28 C1-I.29 C1-1.30 C1-1.31 C1-1.32 � C2-2 � C2-2.1 C2-2.2 C2-2.3 � C2-2.4 C2-2.5 �' C2-2.6 �� L.. � PART C - GENERAL TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS CONDITIONS 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 Work or Project Working Day Calendar Day Legal Holiday Abbreviations Change Order Paved Streets and Alleys Unpaved Streets and Alleys City Streets Roadway Gravel Street INTERPRETATION OF PROPOSAL Proposal Fozm Interpretation Examination of and Site C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 CI-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-I C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 C1-1 AND PREPARATION of Quantities Contract Documents Submitting of Proposal Rejection of Proposals Bid Security C2-2 (1) C2-2 (1) (1) C2-2 (2) C2-2 (3) CZ-2 (3) C2-2 (3) (I) (I) (2) (2) (2) (2) t2) (2) (2) (3) (3) (3) t3) (3) t3) (3) (4) t4) (4) (4) (4) (4) (4) (4) (4) (5) t6) (6) t6) (6l (6) (6) C2-2.7 C2-2. 8 C2-2. 9 C2-2.10 C2-2.11 C2-2.12 C3-3 C3-3.1 C3-3.2 C3-3.3 C3-3.4 C3-3.5 C3-3.6 C3-3.7 C3-3.8 C3-3.9 C3-3.10 C3-3.11 C3-3.12 C3-3.13 C3-3.14 C3-3.15 Delivery of Proposal Withdrawing Proposals Telegraphic Modification of Proposals Public Opening of Proposal Irregular Proposals Disqualification of Bidders AWARD AND EXECUTION OF DOCUMENTS Consideration of Propasals Minority Business Enterpise Women-Owned Business Enterprise compliance Equal Employment Provisions Withdrawal of Proposals Award of Contract . Return of Proposal Securities Bonds Execution of Contract Failure to Execute Contract Beginning Work Insurance Contractor's Obligations Weekly Payroll Contractor's Contract Administration Venue C4-4 SCOPE OF WORR C4-4.1 Intent of Contract Documents C4-4.2 Special Provisions C4-4.3 � Increased or Decreased Quantities C4-4.4 Alteration of Contract Documents C4-4.5 Extra Work C9-4.6 Schedule of Operations C4-4.7 Progress Schedules for Water and Sewer Plant Facilities CS-5 CONTROL OF WORR AND MATERIALS CS-5.1 Authority of Engineer CS-5.2 Conformity with Plans CS-5.3 Coordination of Contract Documents . CS-5.4 Cooperation of Contractor CS-5.5 Emergency and/or Rectification Work CS-5.6 Field Office CS-5.7 Construction Stakes CS-5.8 Authority and Duties of Inspectors CS-5.9 Inspection CS-5.10 Removal of Defective and IInauthorized CS-5.11 Substitute Materials or Equipment C5-5.12 Samples and Tests of Materials CS-5.13 Storage of Materials C5-5.14 Existing Structures and Utilities CS-5.15 Interruption of Service � CS-5.16 Mutual Responsibility of Contractors CS-5.17 Cleanup C5-5.18 Final Inspection C2-2 t4) C2-2 (4) C2-2 (4) C2-2 (4) C2-2 ( 4 ? C2-2 (5) C3-3 tl) 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) (4l (4) (4) (7) (7) (7) (8) C4-4 C4-4 C4-4 C4-4 C4-4 C4-4 (1) (1) (1) (2) t2) (3) C4-4 t4) CS-5 CS-5 CS-5 CS-5 C5-5 C5-5 CS-5 CS-5 C5-5 Work CS-5 C5-5 CS-5 C5-5 CS-5 CS-5 CS-5 CS-5 CS-5 (1) (1) (2) (2) (3) (3) t3) (4) (5) (5) t5) (6) (6) (7) (7) (8) (8) (9) r' � . � � � � � � II � � � _ � � c2) .� � � � � � � .- � � �' � � � � � � 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.Z3 C6-6.14 C6-6.15 C6-6.16 C6-6.17 C6-6.18 C6-6.19 C6-6.20 C6-5.21 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.I0 C7-7.11 C7-7.12 C7-7.13 C7-7.14 C7-7.15 C7-7.16 C7-7.17 C8-8 C8-8.1 CS-8.2 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY 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, Warninqs and Watchmen Use of Explosives, Drop Weight, etc. Work Within Easements Independent Contzactor 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 b! 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 MEASUREMENT AND PAYMENT Measurement of Quantities Unit Prices C6-6 (1) C6-6 (1) C6-6 (1) C6-6 (2) C6-6 (2) C6-6 C6-6 C6-6 C6-6 C6-6 C6-6 t3) (4) (4) (5) (6) (8) C6-6 (8) C6-6 (10) C6-6 (10) C6-6 (10) C6-6 C6-6 C6-6 C6-6 C6-6 C6-6 (I1) (11) (11) (12) (12) f12) 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) (I) (1) (2) (2) t3 ) (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) � (3) C8-8.3 C8-8.4 C8-8.5 C8-8.6 CS-8.7 CS-8.8 C8-8.9 C8-8.10 cs-a.ii C8-8.12 C8-8.13 Lump Sum Scope of Payment Partial Estimates and Retainage Withholding Paytnent � Final Acceptance Final Payment Adquacy of Design General Guaranty Subsidiary Wvrk Miscellaneous Placement of Material Record Documents (4) ca-s ci� C8-8 tI) C8-8 (2) CS-8 (3? C8-8 (3) C8-8 (3) C8-8 t4) CS-8 t4) C8-8 t5l CS-8 (5) C8-8 t5) g � �' � L� � PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION CI-1 DEFINITIONS C1-1.1 DEFINITZONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of th em are used, the intent and meaning shall be understood and interpreted as follows: �, C1-1.2 CONTRACT DOCUMENTS,: The Contract Docnments are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. � a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: � PART A- NOTICE TO BIDDERS tSample) 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) 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 aad include the following items: PART A- NOTICE TO BIDDERS tAdvertisement) Same as 1�'. � � above PART B - PROPaSAL (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) C1-1 (1) ` C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. 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 8one, 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 an3 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 Conditions precedence there may be a conflict between the General and Special Conditions, the latter shall take 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 f orth 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 C1-1 (2> � � faithful performance of the contract and include the � following: a. Performance b. Payment Bon c. Maintenance d. Proposal or to Bidders, � r�. Bond (see paragraph C3-3.7) d (see paragraph C3-3.7) Bond (see paragraph C3-3.7) Bid Security (see Special Instructions Part A and C2-2.61 C1-1.10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor coverinq the mutua]. unders tanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail Y� the location, dimension and position of the various elements of the project, including such profiles, typical � cross-s ections, 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 usuaZly 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 � Statutes, acting by and through its governing body ar 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-I . 13 CITY COUNCIL: The duly elected and qualif ied governing body of the Citiy of Fort Worth, Texas. C1-1.14 MAYOR: The of€icially elected Mayor, or in his -- absence, the Mayor Pro tem of the City of Fort Worth, Texas. � C1-1.1 5 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. � � C1-1.I 6 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. C1-1 ( 3 ) � CI-1.17 DIRECTOR OF PUBLIC WORRS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1.18 DIRECTOR CITY WATER DEPARTMENT: The duly appointed Director of the �ity Water Department of the City of Fort worth, Texas, or his duly authorized representative, assistant, or agents. CI-1.19 ENG INEER: 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 particul ar duties entrusted to them. CI-1.20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner Lor the executicn of the work, acting directly or through a duly authorized representative. A sub-contrac tor is a person, firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by ' such bonds are required with and f or 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 WORR OR PROJECT: in and covered by the Contract limited to the furnishing of equipment, and incidentals nec and serviceable project. The completed work contemplated Documents, including but not all labor, materials, tools, =ssary to produce a completed � r C1-1.23 WORRING 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 CALEN DAR DAYS: A calendar day is any day of.the week or month, no days being excepted. C1-1.25 LEGAL HOZIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: . W ' ' 1 1 I C1-1 (4) � � � � �.� l�l 1. 2. 3. 4. 5. 6. 7. 8. 9. New Year's Day January 1 M. L. Kinq, 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, falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monda y, 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 Contr�act Documents, the intent and meaning r shall be as follows: � �-- AASHTO - American Association of MGD - Million Gallons Per � State Sighway Transportation Day Officials � ASCE - American Society of Civil CFS - Cubic Fvot per Engineers Second iAW - In Accordance With ASTM - American Society of Min. - Minimum A Testing Materials Mono.- Monolithic AWWA - American Water Works $ - Percentum Association R - Radius ASA - American Standards Association I.D. - Inside Diameter �, HI - Hydraulic Institute p D _ � Asph. Ave. Blvd. CI CL GI Lin. lb. MH Max. � � - Asphalt - Avenue - Boulevard - Cast Iron - Center Line - Galvanized Iron - Linear or Lineal - Pound - Manhole - Maximum . . utside Diameter Elev.- Elevation F - Fahrenheit � - Centigrade In. - Inch Ft. - Foot St. - Street �Y - Cubic Yard Yd. - Yard SY - Square Yard L.F. - Linear Foot D.I. - Ductile Iron Cl-1 (5) L: - 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 paned street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: - -- --- 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys." C1-1.30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1.31 ROADWAY: parallel lines two (4' ) feet back of exists. The roadway is defined as the area between t2'} feet back of the curb lines or four the average edge of pavement where no curb C1-1.32 GRAVEL STREET: A qravel 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. C1-1 (6) � . � I�" � � � 1 1 1 � : � �I � 1 � � � �� SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTZON C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL i�. 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 Proposai form will state the Bidder's general understandinq of the project to be r. 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 "Exp erience 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 .. to the hour for openinq of bids. Prior �', 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 �'r required. v � L 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 avaiZable for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. r" C2-2.2 INTERPRETATION OF QUANTITZES: The quantities of work and materials to be furnished as may �e li,sted in the proposal � C2-2(1) � forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work perf ormed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and material.s to be furnished may be increased or• decreased as hereinafter provided, without in any way invalida.ting the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCOMENTS 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. AI1 additional information and data which _. the owner will supply after pzomulgation of the forma 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 visi,t the site of the project and examine carefully all local conditions, to inform themselves by their cwn 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-facie evidence that the bidder has made the investigations, examinations and tests herein reqnired. Claims f or additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be cDrrect. Neither the C2-2(2) L � Owner nor the Engineer guarantee that the data show v representative of conditions which actually exist, n ls C2-2.4 SUBMITTING OF PRoPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. AII blank spaces applicable to the project contained in the form sha12 be correctly filled in and the Hidder shall state the prices, written in ink in both words and numerals, for which he proposes �to do the work contemplated or furnishe the materials requir ed. All such prices shall be written leqibly. In case of discrepancy between the price written in words and the pric e 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 ther) 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. Zf a proposal is submitted by a company or corporation, the company or corporate name and business � address :aust 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 siqn 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 wards or figures, additions not called for, conditional or uncalled for alternate bids, incompleta bids, erasures, or irregularities of any kind, or � contain unbalance value of any items. Proposal tendered or delivered af ter the of€icial 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 b the Owner a evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will � within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders wi11 be retained until the contract � is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. � � ., � C2-2(3) � » � C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver 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 descziption of the projec t as designated in the "Notice to Bidders.° The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals foz which non-consideration requests have been properly f iled ma , at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATIQN OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic conununication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) houzs after the proposal opening time, no further consideration will be given to the proposal. C2-2.10 PIIBLIC 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 p2ace 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 cal,led for, unauthorized alternate bids, or irregularities of any kind. However, the _� � ' ' 1 _ _ � � � � � I� ' 1 1 _ 1 C2-2(4) � � � Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the Ci ty. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2-2.12 DISQOALZFICATION OF BIDDERS: Bidders may be � disqualified and their proposals not con�idered for any of, but not limited to, the following reason: r � � � � � �"° � L � c.y � 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: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2. A current experience record showing especially the 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 opened. C2-2(5) � � �, PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: � C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the praposals will be tabul ated 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 I�., of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3.2 MINORITY B SINESS ENTERPRISE/WOMEN-OWNED BIISINESS � ENTERPRISE COMPLIANC�i Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, �� upon request by Owner, to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for `' initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of �I!� time of not less than six (6) months. C3-3.3 EQUAL EMPLOYMENT PROVZSIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination � in employment practices. � �' C3-3 (1) ' F � The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will- refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. .. 1 � C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within � forty-five (45) days after the date on which the proposals were opened. C3-3.5 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 af ter 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 Iowest 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 tota].s have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise diaposed 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 sufficie.nt performance bond in an amount not less th an 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, g uaranteeing the full and faithful execution of the work and performance of the contract, and f or the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or the use of inferior material�. This perf ormance C3-3 (2) � � ' � �- � � !� :. � rl� � � ... . i� ' - � � bond shall guarantee the payment for aIl labor, � materials, equipment, supplies, and services used in the cons truction of the work, and shall remain � in full force and effect until provisions as above stipulated are accomplished and finai payment is made on the project by the City. � � rj i�„ �. � � � � � L � b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. c. PAYMENT BOND: A good and sufficient payment bond, in 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 a12 claimants as defined in Article 5160, Revis ed Civil Statutes •of Texas, 1925, as arnended 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 aII 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 in terested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the o wner. In order to be acceptable, the name of the surety shal7. be included on the current U.S. Treasury list of accep table 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) r 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 contrac t., the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. � r �� No contract shall be binding upon the owner until it has been � attested by the City Secretary, approved as to f orm and legality by the City Attorney, and executed for the Owner by � either the Mayor or City Manager. C3-3.9 FAILIIRE TO EXECUTE CONTRACT: The failure of the Awardee to execute the requirec� bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be consideted 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 beiag impracticable and difficult to accurately deterrnine the amount of damages occuring to the Owner by reaso� of said awardee's failure to execute said bonds and contract within ten (SO) days, the proposal security accompanying the propasal sha1Z be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do 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 Cornpany will, within ten t10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.I1 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) � � certificate of insurance for approval. The prime contractor shail indicate on the certificate of insurance included in the � documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage �„ of all sub-contractors. �� a. COMPENSATION INSURANCE: The Contractor shall � . maintain, during the life of this contract, Workers' Compensation Insurance on all of his � employees to be engaged in work on the project under this contract, and for all sub-coatractors. �'" 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 f or the protection of such of his employees not so protected. � b. COMPREHENSIVE GENERAL LIABILZTY IN�SURANCE: The Contractor shall procure and shall maintain �during the Iife 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. ADDZTIONAL I,IABILITY: The Contractor shall � furnish insurance as�separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as se t forth for public liability and property damage, the following insurance: � I. Contingent Liability (covers General Contractor's Liability for acts of sub-contractors). 2. Biasting, 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). �, 9. Damage to underground utilities for $500,000. � C3-3 (5) � 5. 6. Builder's risk (where above-around structures are involved). Contractual Liability (covers all indemnification requirements of Contract). d. AUTOMOBILE INSURANCE - BODILY ZNJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, - during the life of this Contract, Comprehensive Automobile Ziability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, 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 satisf actory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to 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) r � 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 � cl aimant, any claims that the City of Fort Worth or other claimant or any property owner who has been . damaged, may have against the Contractor, insurance, and/or bonding company. If the local � insurance representative is not so empowered by the insurance or bondinq companies, then such authority � must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth-Dallas ar ea. 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. r 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 af ter 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 kep t 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, 4, association, corporation or other who is approved to do business with and•enters into a contract with the City f or � 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 t�e work or any other � � � C3-3 (7) R� � rnatter associated such as maintaininq adequate and appropriate insurance or security coverage for the project. Such local authority for administration of the work under the Contract shalZ be maintained until all business transactions executed as part of the Contract are complete. S hou ld the Contrac tor's principal base of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writinq to the Engineer in advance of any work on the project,�all appropriately signed and sealed, as applicable, by the Gontractor's responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as thouqh bound directly into the project documents. The intent of these requirements is that alI matters associated with the Contractor's administzation, whether it be oriented in furthering the work, or other, be gcverned direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative f aiI 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 soZe 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� � � � � � _ � ' � ' ' ' --- � � � � � SECTION C4-4 SCOPE OF WORK PART C - GENERAL CONDITZONS C4-4 SCOPE OF WORK � C4-4.1 INTENT OF CONTRACT DOCIIMENTS: It is the definite intention of these Contract Documer�ts 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 specifica.Zly 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 receivinq bids or proposals for such work and furnished to the Bidder in the f orm of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. � C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shor ten 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 ZS � 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 !q work above or below the 25 percent of the original quantity f� 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 1�" anticipated profits nor shall such changes be considered as .-- � C4-4 (1) �� waiving or invalidating any conditions or provisions of the Contract Documents. Variations in q uantities 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 A�TERATZON OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORR: 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. b. Unit bid price previonsly 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 1Q$ 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), t2), (3), and (4) above. The Contractor shaZl keep accurate cost records on the form and in the method C4-4 (2) � � suggested by the Owner and shall give the Owner access to alI accounts, bills, vouchers, and records relating to the Extra Work. No "Change Orde�r" shall become effective until it has been approved and signed by each of the Contractinq parties. V_� � 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 f or w=itten orders authorizing such Extra Work, prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the � Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual �6 reasonable cost thereof as provided under method (Ztem C). Claims for extra work wili not be paid unless the Contractor � shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisf actory vouchers and certified payrolls covering all labor and matezials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation � records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual �.. installation. - The compensation agreed upon for 'extra work' whether or not iniitiated by a'change order' shall be a full, complete and final payment for all costs Contractor incurs as a result or -� relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including � without limitation, any costs for delay, extended overhead, ripple or impact cost, oz any other effect on changed or unchanged work as a result or the change or extra work. �,,, C4-4.5 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 al anticipated progress of plotted horizontally and vertically. The progress I1" sheets and at least be furnished to the Owner. so a composite graph showing the construction with the time being the percentage of completion pl.otted charts shall be prepared on 8-1/2" x five black or blue line prints shall 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 ref lect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints, sequencing requirements and completion time. b. The construction process shall be divided into activities with time durations of approximately fourteen (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. C4-4 (4) � � � � � � � � �I, � � c. Durations sha1.I be in calendar days and normal holidays and weather conditions over the dur ation 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 lat est start date of a chain of activities of the CPM construction schedule.� Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. , The construction schedule shall as a minimum be divided �- into general categories as indicated in the Proposal and �„ Technical Specifications and each general category shall be broken down into activities in enough detail to achieve ,.,, activities of approximately fourteen (14) days duration. For each general category, the construction schedule shall - identify all trades or subcontracts whose work is zep r esented by activities that follow the guid.elines of �.� this Section. For each of the trades or subcontracts, the construction �, schedule shall indicate the following procurements, cons truction and preacceptance activities and events in ,� their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals. 2. Submittal review periods. 3. Shop fabrication and delivery. 4. Erection or installation. 5. Transmittal of manufacturer's operation and maintenance instructions. � 6. Installed equipment and materials testing. �" 7. Owner's operator instruction (if appiicable). 8. Final inspection. � �.., C4-4 (S) � ., � 9. Operational testing. 10. Final inspection. _� If, in the apinion of the Owner, work accomplished falls � behind that scheduled, the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised � schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the Owner finds � the proposed plan not acceptable, he may require the Contractor to increase the work force, the construction plant and equipment, the number of work shifts or the � overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. ' � � � � ' � _ ' C4-4 (6) � � � � r � ... r � � � PART C - GENERAL CS-5 CONTROL OF MATERIALS SECTZON CS-5 CONTROL OF WORR AND MATERIALS CONDITIONS WORR AND CS-5.1 AQTHORITY 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 nat 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 failuze to perf orm 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. Eis 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, •aithin a reasonable time, upon written request of the Contractor, render and deliver to both � the Owner and Contractor, a written decision on the matter in controversy. �„" � CS-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross-sections, finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. CS-5 (1) � CS-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections, which, taken together, are intended to describe and provide for a compLete and useful project, and any requirements appearinq in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimension shall g overn over scaled dimensions, plans shall govern over specifications, special conditions shall g overn over qeneral conditio�ns and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Cont=actor 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 Con tr act Documents. In the event the Contractor discovers an apparent erzor or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conf lict 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 expensine resolution of the conflict. CS-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets af the Contract Documents and shall have available on the site of the project a� all times one set of such Contract Documents. The Contract shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector, and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English-speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and f ulfill instructions from the Owner, the Enqineer, or his authorized representatives. Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engin eer determines that circurnstances require the presence on the project site of a representative of the Contractor to CS-5 (2) � � �, �. adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Con trac tor shall provide all facilities Engineer and his inspector to examine and workmanship and materials entering into the work. to enable the inspect the CS-5.5 EMER GENCY AND/OR RECTIFICATZON WORR: When, in the opinion of the Owner or Engineer, a conditi�n of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, sha21 �, respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response s hall 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, cr 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-5.5 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate fiel.d office for use of the �= Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed, well heated, air conditioned, lighted, and weather-proof, so that documents will not be damaged by the elements. � � � � � � CS-5.7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines, grades and measurements wil1, be established by means of stakes or other customary method of marking as may be f ound 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 replacing such stakes or marks plus 25$ will be charged against the Contractor, and the full amount will be deducted f rom payment due the Contractor. CS-5.8 AOTHORITY 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 cf 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 obliqation 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 suspenc 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, noz to issue any instructions contrary to the requirements of the Contract Documents. He will in no case act as superintendent or f oreman or perform any other duties f or the Contractor, or interfere with the management or operation of the work. Se will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents, provided, however, should the Contractor object to any orders or instructions of the City Inspector., the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. C5-5 (4> � � � ,� �, � � � � � � _ � 1 � � CS-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whe ther or not the work as performed is in accor3ance with the requirements � of the Contract Documents. Zf the Engineer so requests, the Contractor shall, at any time bef�re acceptance of the work, remove or uncover such portion of t�e finished work as may be dir ected. After examination, thE Contractor shall restore �, said portions ot the work to the standard required b the Contract�Documents, y �. Should the work exposed or exam�,ned prove acceptable, the uncovering or removing and replacinc of the covering or making ,�u 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 r moving and the replacing of _ all adjacent defective or damag�d parts shall be at the Contractor's expense. No work sha 1 be done or materials used � without suitable supervision or ins�ection. � CS-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORR: 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 f or by the `" Owner. Work so done may be ordered removed at the Contractor's expense. Opon 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 def ec tive or unauthorized work shall not constitute acceptance � of such works. CS-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the � Specifications, law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to � f urnish or use a groposed substitute, he shall, prior to the preconstruction conference, make written application to ENGZNEER for approval of such substitute certifying in writing � that the proposed substitute will perform adequately the f unctions called for by the general design, be similar and of equal substance to that specified and be suited to the same r use and capable of performing the same function as that specified; and identifying all variations of the proposed � CS-5 (Si 1 � substitute from that specified and indicating available maintenance service. No substitute shail 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. Na substitute shall be ordered or installed without such performance quarantee and bonds as Owner may require which shall be furnished at Contractor's expense.� Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against the claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. CS-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 f or 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 responsibiiity 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 specif ic requirements of the Owner. The Contractor shall provide such facilities as the Engineer may require for collecting and forwardinq samples and shall not, without specific written permission of the Engineer, use the materials represented by the sampl.es 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 souzce of supply change, new tests shall be ma3e prior to the use of the new materials. CS-5.13 STORAGE OF MATERIALS: All materials which used in the construction operation shall be stored insure the preservation of the quality and fitness of When directed by the Engineer, they shall b� placed platforms or other hard, clean durable surfaces and CS-5 (6) are to be so as to the work. � � � ��' . � �� on wooden � not on the _. � � � ground, and shall materials shall b prompt inspection. � i�.. �, �, � � � �..� � � � � � be placed under cover when directed. Stored e placed and located so as to facilitate CS-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Pl.ans 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 iocation of, existing underground utilities. The location of many gas mains, water mains, conduits, sewer lines and service lines for all utilities, etc. , is unknown to the Owner, and the Owner assumes no responsibility for failure to show any or a21 such structures and utilities on the plans or to show them in their exact location. It is mutuaily agreed that such faiiure 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 encoun tered 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 providz adequate clearances. The Contractor shall take aIl necessary precautions in order to protect all existiag utilities, structures and service lines. Verification of existing utilities, structures and service lines shall include notification of all utilitY companies at least forty eight (48) hours in advance of construction including exploratory excavation if necessary. All verification of existing utilities and their adjustment shall be considered as subsidiary work. 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 Department's Distribution Division as to location, time, and schedule of service interruption. CS-5 (7) � �• 2. Notify each customer personally through responsible personnel as to time and schedule of the interruption of their service, or 3. In the event that personal notification of a customer cannot be made, a prepared tag form shall be attached to the customer's entrance door knob. The tag shall be dur able 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. Em�rqencv: In the event that an unforeseen service � in�erruption occurs, notice shall be as above,but immediate. CS-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. CS-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the 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 CS-5 (8) � � � ' � L unsatisfactory procedure, the City may take such dire as the Engineer deems appropriate to correct the clean =up deficiencies cited to the Contractor in the written notice, � and the costs of such direct action, plus 25� of such costs shall be deducted from monies due or to become due to the �.- Contractor. " Upon the completion of the project as a whole as covered by these Contract Documents, and before final acceptance and � final payment will be made, the Contractor shall clean and remove from the site of the project aII surplus and discarded materials, temporary structures, and debris of every kind, ge "� 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 wi1.1 be made to the Contractor for any clean-up required on the project. � CS-5.18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final cleanup performed, the Engineer will notify the proper officials of the Owner and �., request that the Final inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment � are found satisfactory, the Contractor wiil 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. � � � � � � �.. ; � � CS-5 (9) r � � � � � �. � PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-5.1 LAW� TO BE ^BS?R��; The Con�ractor shall at a.11 times �= ��z= �e a:- ��m: �:% ai tn �a'_1 Feceral and State Laws and City or3inances 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 Iaw, 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 M.�TERI�LS AND PRO�ES�ES: If the �, Contractor is required or c�esires o use any esign, device, materiai, or process covered by letter, patent, or copyright, � he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and understood that without � exception the contract prices shall include all royalties or cost arising from patents, trade-marks, and copy rights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all claims for infringement by reason of�the use of any such �.. patented design, device,. material or process, or any trade-mark or �opy right in connection with the work agreed to r° 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 � d esign, 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) I� w � i C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enfvrce among his employees such regulations in regard to cleanliness and disp osal of garbage and waste as wi11 tend to prevent the inception and spread of infectious or contagious diseases and to effectively prevent the creation of a nuisance abvut the work on any property either public or private, and such regulations as are zequired 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 theiz use shall be strictZy enforced by the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the State of Texas and the City shall be strictly complied with. C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment stored about the work shall be so placed and used, and the work shall at all times be so conducted, as to cause no greater obstruction or inconvenience to the public than is considered to be absolutely necessary by the Engineer. The Contractor is required to maintain at alI times all phases of his work in such a manner as not to impair the safety or convenience of the public, including, but not limited to, safe and convenient ingress and egress to property contiguous to the work area. The Contractor shall make adequate provisions to render reasonable ingress and egress for normal vehicular traffic, except during actual trenching or pipe installation operations, at all driveway crossings. Such provisions may include bridging, placement of crushed stone or gravel or such other means of providing proper ingress and egress for the property served by the driveway as the Engineer may approve as appropriate. Such other means may include the diversion of driveway traffic, with specific approval by the Engineer. If diversion of traffic is approved by the En.gineer at any Iocation, the Contractor shall make arrangements satisf actozy to the Engineer at any location, the Contractor shall make azrangements satisfactory to the Engineer for the diversion of traff ic, and shall, at his own expense, provide all materials and perforrn all work necessary for the construction and maintenance of roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed except by special permission of the Engineer. The materials excavated and the construction materials such as pipe used in the construction of the work shall be placed so as not to endanger the work or prevent free access to all fire hydrants, fire alarm boxes, police call �boxes, water valves, C6-6 (2) � � � � � � � � � �, � � � � � � � - �' � � � gas valves, or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to � the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either � case, the cost of such work done or materials furnished by the Owner ar by the City shall be deducted from monies due or to become due to the Contractor. �., .., � �� r The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer, an d 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 us e by fire apparatus. The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed s treets, 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 tzees 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 propezty owners, and no payment will be made by the Owner in �' settlement of such claims. The Contractor shall fiie with the _ Engineer a written statement showing all such claims adjusted. � C6-6.6 PRIVILEGES OF CONTRACTOR IN S�REETS, 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 pubZic places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the Engineer. A � reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid dela�r in the construction � operations. Excavated and waste materials shalZ 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 r and so as not to inconvenience occupants of adjacent p roperty. If the street is occupied by railway tracks, the work shal7. be �� C6-6 (3) � �. . � carried on in such manner as not to interfere with the operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may, for all purposes required by the contract, enter upon the work and premises used by the Contractor and shall be provided all reasonable facilities and assistance for the completion of adjoininq work. Any additional grounds desired by the Contractor for his use shall be provided by him at his own cost and expense. C6-6.7 RAILWAY CROSSZNGS: When the work encroaches upon any right-of-way of any railway, the City will secure the necessary easement for the work. Where the railway tracks are to be crossed, the Contractor shall observe aIl the regulations and instructions of the railway company as to the methods of performing the work and take aZi precautions for safety of property and the public. Negotiations with the railway companies for permits shall be done by and through the City. The Contractor shall give the City notice not less.than five days prior to the time of his intentions to begin work on that portion of the project which is related to the railway properties. The Contractor will not be given extra or additional compensation for such railway crossings unless specifically set forth in the Contract Documents. C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is carried on in or adjacent to any street, alley, or public place, the Contractor shall at his own expense furnish, erect, and maintain such barricades, fences, lights and danger signals, shail 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 cf barri.cades shall be erected and maintained to keep pedestrians away from, and vehicles f rom 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 IIniform Act Regulating Traffic on Highways", codified as Article 6701d Veron's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31. C6-6 (4) � � � � � � � �. �+�1 �� f� � ..� L'! � � � �". � � � � r• w u The Contractor will not remove any regulatory sign, instructionai sign, street name sign, or other sign which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and Public Works department, Signs and Markings Division (phone number 8780-0^75), to ramove the sign. In the case of regulatory signs, che Contractor must replace the permanent sign with a temporary sign meeting the re.quirements of the above referenced manuaZ and such tempora�ry sign must be installed prior to the removal of the permanent sign. Zf the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When construction work is completed to the extent that the permanent sign can be re-installed, the Contractor shall again contact the Signs and Markings Division to re-install the permanent sign and shall leave his temporary sign in place until such re-installation is completed. The Contractor will be held responsible for all damage to the work or the public due to failure of barricades, signs, fences, Iights, 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 Iights, and for providing watchmen shall not cease until the project sha�l have been completed and accepte8 by the Owner. No compeasation, except as specifically provided in these Contract Documents, will be paid to the Contractor for the work and materials involved in the constructing, providing, and maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for the subsequent removal and disposal of such barricades, signs, or for any other incidentals necessary for the proper protection, safety, and convenience of the public during the contract period, as this work is considered to be subsidiary to the several items for which unit or lump sum prices are requested in the Proposai. C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to use explosives, drop weight, etc., in the pros ecution 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 (S) 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 pzior to commencing and shall furnish evidence that he has insurance coverage to protect against any damages and/or injuries arising ou�t 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 t10) days after receipt of written notice of the claim to the Contractor from either the City or the claimant. The City shall proceed to qive 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 uader the care of a competent watchman at all times. All vehicles in which explosives are being transported shall be plainly marked as mentioned above and shall, insofar as possible, not use heavy traffic routes. C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into private property, the Owner will provide such right-of-way oz easement privileges as the City may deem necessary for the prosecution of the work. Any additional rights-of-way or work area considered necessary by the Contractor shall be provided by him at his own expense. Such additional rights-of-way or work area shall be acquired for the benefit of the City. The City shall be notified in writing as to the rights so acquired before work begins in the affected area. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the owner of such property. The Contractor will not be allowed to store equipment or material on private property unless and until the specified'approval of the property owner has been secured in writing by the Contractor and a copy furnished to the Engineer. 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) � L r" every precaution to prevent damage to aIl trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and qas 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 Contractoz shall notify the proper representatives of owners or.occupants of public or private lands or interest in w� lands which might be affected by the wark. 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. � � �'", � �. l.� � 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 ccnsequence 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, rebui�ding, or otherwise replacing and restoring as may be directed by the Owner, or he shall make good such damages or injury in a manner acceptable to the owner of the property and the Engineer. All fences encountered and removed during construction of this project shall be restored to the original or a better than original condition upon �ompletion 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 f ence 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 progress 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 L C6-6 (7) : fencing when the � prevent cost for shall be project � proposal. Therefore, no separate payment shall be allowed f or 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 wvrk 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 RES: Contractor covenants and agrE hold harmless and defen� servants, and employees from suits for propezty damage including death, to any and � character, whether real o connection with, directly or to be performed hereunder b: employees, contractors, subc� whether or not caused, i negligence on the part o: employees, contractors, sub, of the Owner; and said Con �ONSIHILITY FOR DAMAGE CLAlMSI es to, and does hereby indemnify, ( Owner, its officers, agents, and against any an all claims or or loss and/or personal injury, .11 persons, of whatsoevez kind or c asserted, arising out of or in indirectly, the work and services � Contractor, its officers, agents, �ntractors, licensees or invitees, i whole or in part, by alleged : officers, agents, servants, :ontractors, liceasees and invitees :ractor does hereby covenant and agree to assume a�l liability ana responsiDis�Ly vz VMI11Gt� �� officers agents, servants and employees for property damage or loss, and/or personal injuries, including death, to any and all persons of whatsoever kind or character, whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, ag ents employees, contractors, subcontractors, licensees and invitees, whether or not caused, C6-6 (8) r � � in whole or in part, by alleged neg.Iigence 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 harrnless Owner from and against any and all injuries,Ioss 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, Iicenses, or invitees of the Owner. In the event a written claim for damages against the � contractor or its subcontractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Water Department, as evidenced by a � final inspection, final payment to the Contractor shall not be recommended by the Director of the Water Department for a period of 30 days after the date of such final inspection, unless the Contractor shall. submit written evidence �, satisfactory to the Direc�or that the claim has been settled and a release has been obtained from the clairnant involved. �, If the claim concerned remains unsettled as of the expiration of the above 30-day period, the Cont=actor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equai 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. r The Director shall not recommend final payrnent to a Contractor against whom such a ciaim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in �., writing satisfactory to the Director that: 1. The claim has been settled and a release has been obtained from the claimant involved, or 2. Good faith efforts have been made to settle such outstanding claims, and such good faith efforts have failed. � If condition (1) above is period, the Director shall the Contractor be made. rn time within the six month that the final payment � met at any time within the six month recommend that the final payment to If condition (2) above is met at any period, the Director may recommend to the Contractor be made. At the C6-6 (9) r � � � 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 ag ai nst 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 ac ts 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, settinq out in detail the nature of the alleged damage, and on or before the ZSth 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, sha1Z give the Enqineer 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 alleqed damage. IInless 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 IITILITIESL ETC.: In case it is necessary to change, move, or alter in any manner the property of a pubiic utility or others, the said property sh311 not be moved or interfered with until orders ther eupon have been issued by the Engineer. The right is reserved to the owners of public utilities to enter the geographical limits of the Contract for the purpose of making such changes or repairs to their property that may be necessary by the performance of this contract. C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer lines have to be taken up or removed, the Contractor shall, at his own expense and cost, provide and maintain temporary outlets and connections for all private or public drains and sewers. The Contractor shall also take care of all sewage and drainage which will be received from these drains and sewers, and for this purpose he shall provide and maintain, at his own cost and expense, adequate pumping facilities and temporary outlets or diversions. The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other structur,es necessary, and be prepared at all times to dispose of drainage and sewage C6-6 (10) ' � � ' .w � ' � � � � � received from these temporary connections until such times as the permanent connections are built and are in service. The � existing sewers and connections shall be kept in service and maintained under the Contract, except when specified or ordered to be abandoned by the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory manner � so that no nuisance is created and so that the work under y construction will be adequately protected. � C6-6.I6 ARRANGEMENT AND CAARGES FOR WATER FQRNISHED BY THE � CITY: When t�e 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. � AI1 piping required beyond the �. installed by the Contractor at his own n xpenseeiivery shall be �- The Contractor's responsibility in the use of all existinq fire hydrant and/or valves is detailed in Section E2-1.2 tTSE �' OF FIRE HYDRANTS AND VALVES in these General Contract , Documents. -i When meters are used to measure the water, the charges, if � any, for water will be at the regular established rates. When meters are not used, the charges, if any, will be as � prescribed by the City Ordinance, or where no ordinance applies, payment shall be made on estimates and rates established by the Director of the Fort Worth Water � Department. C6-6.17 USE OF A SECTION OR PORTION OF THE WORR: 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. j� C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORR: Until L written acceptance by the Owner as provided for a.n these Contract Documents, the work shall be under the charge and �' care of the Contractor, and he shall take every necessary precaution to prevent injury or damage to•the work or any part � C6-6 (Il) � 0 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-b.ls NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order by the Owner by payment of money or any payment for or acceptance of any work, or any extension of time, or any possession taken by the City shall not operate as a waiver of any provision of the Contract Documents, Any waiver of any breach or Contract shall not be held to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the Contract Documents. C6-6.20 PERSONAL LIABZLITY OF PUBLIC OFFICIALS: In carrying out the provisions of these Contract flocuments 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 IIse 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 �ieu 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 IIse Tax Act. On a contract awarded by a developer for the construction of a publicly-owned improvement in a street riqht-of-way or othe� 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 manner stated above. C6-6 (12) � �i �� .. � � � � . � _ � � Limited Sale, Excise and IIse Tax permits and information can be obtained from: �. Comptroller of Public Accounts j� Sale Tax Division �� Capitol Station Austin, TX e � C6-6 (13) � � PART C - GENERAL CONDITIONS C7-7 PROSECUTION AND PROGRESS SECTION C7-7 PROSECUTION AND PROGRESS: r . C7-7.1 SJBLETTING: The Contractor shall perform with his own �=ya•�=�-=ion, 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 -u the Contractor sublets an these Contract Documents, he will ot under� ny �cbrcums tances be relieved of the responsibility and obligation assumed under these Contract Docurnents. All transactions of the Engineer will be with the Contractor. considered only in the capacity of employees oraworkmen f� the �, Contractor and shall be subject to the sa character and com etenc me requirements as to subcontractor on the work. The Contractorl hallrat aii ze any � when the work is in operation, be represented eithe times, or by a superintendent or other designated representativeserson � C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall n 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. �, Zf 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 an ', to any perscn or persons, partnershi y Part thereof, corporation, or does by bankru tc P' company, firm, or, � or by assignment under the in olve cyulaws of a ylstate, attempt to dispose of the contract ma � Owner be revoked and annulled, unless �the Suretties sh I1 successfully complete said contract � such revocation or annulment, any moniesa due or htoe be ome due under or by virtue of said contract shall be retained by the Owner as liquidated damages for the reason that it would be �impracticable and extremely difficult to fix the actual damages. �C7-7.3 PROSECUTION OF THE WORK; construction operation, the Contrac orlshall ubmitlto the Engineer in five or more copies, if requested by the Engineer, �,, a progress schedule preferably in chart or diagram form, or a 4 brief outlining in detail and step by step the manner � of � C7-7 (1) � � prosecuting the work and ordering materials aad equipment which he expects to follow in order to complete the project in the scheduled time. There sha1.I also be submitted a table of estimated amounts to be earned by the Contractor during each monthly estimate period. The Contrac tor 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 alI construction operations shall be at all times as specified in the Special Contract Docunients. Any deviation frcro scuh sequencing shall be submitted to the Engineer for his approval. Con�tractor shall not proceed with any deviation until he has received written approval Erom 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 C7-7.8 "Extension of Tim and a progress contract time. schedule changed only as set e of Completion" of shall not constitut � �� , � � forth in Section � this Agreement, � e a change in the 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 f or the p roper 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 WORRMEN AND EQUIPMENT: Local labor shall be used by the Contractor is avaiSable. The Contractor may bring in from outside the City of Fort Worth his key men and his superintendent. All other workmen, including equipment operators, may be imported only after the local supply is exhausted. The Contractor shall employ only such superintendents, foremen, and workmen who are careful, competent, and fully qualified to perform the duties or tasks assigned to them, and the Engineer may demand and secure the summary dismissal of any person or persons employed by the Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct himself or be found to be incompetent, disrespectful, intemperate, dishonest, or � � _ � C7-7 (2) �� l -'_" � �' � � 0 otherwise objectionable or neglectful in the proper performance of his or their duties, or who neqlects 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 wo�kmen shall have sufficient skill, abiiity, and A-tJPri�-:_� to properly perform the work assigned to them and op era�� any equipment necessary to properly carry out the performance of the assigned duties. The Contractor shall furnish and maintain on t�e work alI such equipment as is considered to be necessary f or prosecution of the work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for �handling materials and executing any part of the work shall be subject to the approval of the Engineer and shall be maintained in a satisfactory, safe and efficient working condition. Equipment on any portion of the work shall be such that no injury to the work, workmen or adjacent property will result from its use. C7-�.6 WORK SCHEDULE: Elapsed workinq days shall be computed starting with the first day of work completed as defined in C1-1.23 "WORKING DAY" or the date stipulated in the "WORR ORDER" for beginning work, whichever comes first. Nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturday, Sunday or Legal Holidays, providing that the following requirements are met: a. A request to work Legal Holiday must than the proceeding on a specific Saturday, Sunday or be made to the Engineer no Iater Thursday. ,, b. Any work to be done on the project on such a specific Saturday, Sunday or Legal Holiday must be, � in the opinion of the Engineer, essential to the timely completion of the project. The Engineer's decision shall be final in response to such a request for approval to work on a specific Saturday, Sunday or � Legal Holiday, and no extra compensation shall be allowed to the Contractor for any work performed on such a specific Saturday, Sunday or Legal Holiday. �"^ u � Calendar Days shall be defined in C1-1.24 and the Contractor may work as he so desires. C7-7 (3) w� � � C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The shall commence the working operations within specified in the Contract Documents and set forth i Order. Failure to do so shall be considered by th abandonment of the Contract by the Contractor and may proceed as he sees fit. Contractor the time � n the Work e Owner as the Owner ■ The Contractor shall maintain a rate of progress such as will insure that the whole work will be performed and the premises cleaned .up in accordance with the Contract Documents and within the time established in such documents and su ch extension of time as may be properly authorized by the Owner. C7-7.8 EXTENSZON 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 Enqineer within seven days from and af ter the time alleged cause of delay shall have occurred. ShouZd an extension of the time of completion be requested such request will be forwarded to the City Council for approval . I n adjusting the contract time for c,ompletion of work, consideration will be given to unforseeable causes beyond the control of and without the fault or neqligence of the Contractor, including but limited to acts of the public enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, freiqht 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 Contsact Documents, then the contract time may be increased by Change Order. C?-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 Contra�tor is caused by the failure of the City to provide information or material, if C7-7 (4) J � � � � any, which is to be f�rnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and bindinq. If deiay is caused by specific orders qiven by the Engineers to stop w�: k, or by the performance of extra work, or by the failure of tne City to provide material or necessary instructions for carrying on the wozk, 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 perfcrmance bond from alI 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 wi11 � be specified by the City in the Proposal section of the contract documents. The number of days indicated sha21 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 shaZl remain uncompleted � after the time specified in the Contract Documents, or the increased time granted by the Owner, or as automatically increased by additional work or materials ordered after the contract is signed., the sum per day given in the following � schedule, unless otherwise specified in other parts of the Contract Documents, will be deducted from monies due the � Contractor, not as a penalty, but as liquidated damages suffered by the Owner. AMOUNT OF CONTRACT i� Less than � S 5,001 to $ 15,001 to $ 25,001 to F- S 50,001 to . $ 100,001 to �r $ S $ $ $ 5,000 15,000 25,000 50,000 100,000 500,000 C7-7 (5) inclusive inclusive inclusive inciusive inclusive inclusive $ $ S $ $ 35.00 45.00 63.00 105.00 154.00 210.00 � . � $ 500,001 to $1,000,001 to $2,000,001 and over $1,000,000 inclusive $ 315.00 $2,000,000 inclusive $ 420.00 $ 630.00 _� The parties hereto understand and agree that any harm to the City caused by the Contractor' s delay in completing the work hereunder in the time specified by the Contract Documents would be incapable or very difficult of accurate estimation, and that�the "Amount of Liquidated Damages Per Day", as set out above, is a zeasonable forecast of just compensation due the City for harm caused by any delay. C7-7.11 SUSPENSION BY COIIRT ORDER: The Contractor shall suspend operations on such part or parts of the work ordered by any court, and will not be entitled to additional compensation by virtue of such court order. Neither will he be liable to the City in the event the work is suspended by a Court Order. Neither will the Owner be liable to the Contractor by virtue of any Court Order or action for which the Owner is not solely responsible. C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the work operation wholly or in part for such period or periods of time as he may deem necessary due to unsuitable weather conditions or any other unfavorable conditions which in the opinion of the Owner or Engineer cause further prosecution of the work to be unsatisf actory 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) � � ' � � .. u �. � i � 1 1 1 � � � that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed, No reimbursement shall be allowed if the equipment is moved to another construction project for the City of Fort Worth. � The C�ntractor shall not from _�e Engineer and shall � promo�ly when notified operations. suspend work without written notice proceed with the work operations by the Engineer to so resume C7-7.I3 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY: � Whenever, because of National Emer enc � President of the United States or other� 1 wfuI.cauthority the becomes impossible for the Contractor to obtain all of �the necessary lai�or, materials, and equipment for the prosecution �„ of the work with reasonable continuity for a period of two months, the Contractor shall within seven days notify the City � in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of Iabor, materials, and equipment aot obtainable. If, after �.. investigations, the Owner finds that such conditions existing and that the inabil.ity of the Contractor to proceed is not attributable in whole or in part to the fault or neqlect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the � necessary labor, materials and equipment within thirty days, the Contractor may request the Owner to termiaate the contract and the Owner may comply with the request, and the termination shall be conditioned and based upon a final settlement mutually acceptable to both the Owner and the Contractor and � final payment shall be made in accordance with the terms of the agreed settlement, which shall include, but not be limited to, the payment for aII 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 Contract may be declared cancelled by the City Council for any good and sufficient cause. The following, by way of example, but not � of limitation, may be considered grounds for suspension or cancellation: a. Failure o operations Order issued � f the Contractor to commence work within the time specified in the Work by the Owner. C7-7 (7) � r � � b. Substantial evidence that progress of the work oQerations by Contractor is insufficient to complete the work within 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 Contractar promptly to make good any defect in materials or workmanship, or any defects of any nature the correction of which has been directed in writing by the Engineer or the Owner. h. Substantial evidence of collusion for the purpose of illegally procuring a contract or perpetrating fraud on the City in the construction of work under contract. i. A substantial indication that the Contractor has made an unauthorized assignment of the contract or any funds due therefrom for the benefit of any creditor or for any other purpose. j. If the Contr3ctor 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 C/�7 �O� � � � �� r �i ' h � � , consent of the Owner, sublet the work or that portion of the ,� work as taken over, provided however, that the Sureties shall exercise their option, if at all, within two weeks after the � written notice to discontinue the work has been served upon the Contractor and upon the Sureties or their authorized agents. The Sureties, in such event shall assume the Contractor's place in all respects, and shall be paid by the � Owner for all work performed by them in accordance with the terms of.the Contract Documents. All monies remaining due the Contractor at the time of this default shall thereupon become � due and payable to the Sureties as the work progresses, subject to alI of the terms of the Contract Documents. �' In case the Sureties do not, within the hereinabove specified . time, exercise their right and option to assume-the contract responsibilities, or that portion thereof which` the Owner has ordered by the Contractor to discontinue, then the Owner shall � have the power to complete, by contract or otherwise, as it may determine, the work herein described or such part thereof as it may deem necessary, and the Contractor hereto agrees � that the Owner shall have the right to take possession of and use any materials, plants, tools, equipment, supplies, and property of any kind provided by the Contractor for the �' purpose of carrying on the work and to procure other tools, equipment, materials, labor and property for the completion of the work, and to charge to the account of the Contractor of said contract expense for labor, materials, tools, equipment, � and all expenses incidental thereto. The expense so chazged shall be deducted by the Owner from such monies as may be due or may become due at any time thereafter to the Contractor �. under and by virtue of the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid for the � work completing the contract, but the expense to be deducted shall be the actual cost of the owner of such work. In case such expenses shall exceed the amount which would have � been payable under the Contract if thP same had been completed by the Contractor, then the Contractoz and his Sureties shall pay the amount of such excess to the City on notice from the � Owner of the excess due. When any particular part of the work , is being carried on by the Owner by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the � terms of the Contract Documents and in such a manner as to not hinder or interfere with performance of the work by the Owner. � C7-7.I5 FULFILLMENT OF CONTRACT: The Contract will be considered as having been fulfilled�, save as provided in any bond or bonds or by law, when alI the work and all sections or � parts of the project covered by the Contract Documents have � L C7-7 (9) ' r � been finished and cornpleted, the final inspection made by the Engineer, and the final acceptance and final payment made by the Owner. C7-7.16 TERMINATSON FOR CONVENIENCE OF THE OWNER: p,. NOTICE OF TERMINATION: The performance of the work . under this contract may be terminated by the Owner in whole, or fzom time to time in part, in accordance with this section, whenever the Owner shall deterR�ine 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 specifyiag 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 IInited States Mail by the Owner. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the Owner regarding such discretionary action. B. CONTRACTOR ACTION: After receipt of a notice of termination, and except as otherwise directed by the Engineer, the Centractor shall: 1. Stop work under the contract on the date and to the extent specified in the notice of termination; 2, place no further orders or subcontracts for materials, servi�es or f acilities except as may be necessary for completion of such portion of the work under the contract as is not terminated; 3, terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; 4. transfer title to the manner, at the if any, directed by C7-7 (10) the Owner and deliver in times, and to the extent, the Engineer: � � � � � . ' ' � ... � , ' 1 _.- � � r � � � �... � r, 5. a. the fabricated or unfabricated parts, work in process, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the notice of termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the contract had been completed, would have been required to be furnished to the Owner. complete as shall notice of performance of such part of the work not have been terminated by the 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 Iater 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 s 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. �� L � ,�. C. TERMINATZON 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 Enqineer. Unless one or more extensions in writing are granted by the Owner upon request of the Contractor, made in writing within such 60-day period or authorized extension thereof, any and aIl such claims shall be conclusiveiy deemed waived. C7-7 tll) � D. AMOUNTS: Subject to the provisions of Item C7-7.16(C), the Contractor and Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of work pursuant hereto; provided, that such agreed amount or amounts shall aever 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 Cantractor by reason of the termination of work pursuant to this secticn, 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: Zn the event of the failure of the Contractor and the Owner to agree as provided in C7-7.16 tD) 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 pro£its. F. DEDIICTIONS: 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 Contrac tor, 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 s ale of, any materials, supplies or other things kept by the Contractor or sold, pursuant to the provisions of this clause, and not otherwise zecovered by or credited to the Owner. G. ADJUSTMENT: Zf the terrnination hereunder be partial, prior to the settlement of the terminated portion of this contract, the Contractor may file with the Engineer a reques�t in writing for an C7-7 (12) , � � � � � � � � ' � � - � � W � � r" ^ � equitable adjustment of the price or prices specified in the contract relating to the continued portion of the eontract (the portion not terminated by the notice of termination), such equitable adjustment as may be agreed upon shall be made in such price or prices; nothing contained herein, however, shall limit the right of the Owner and the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the contract when said contract does not contain an established contract price for such continued portion. H. NO LIMITATION OF RIGHTS: Nothing contained in this section shall limit or alter th� rights which the Owner may have for termination of this contract under C7-7.14 hereof entitled "Suspension of Abandonment of the work and.Amendment of Contract" or any other right which Owner may have for default or breach of contract by Contractor. C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be r' responsible for initiatinq, maintaining, and supervising all saf ety precautions and programs in connection with the work at all times and shall assume alI responsibilities f or their enforcement. ``' The Contractor shall laws, ordinances, and � property from injury, with the work. � 1 , � ' � L,� � comply with federal, state, regulations so as to protect including death, or damage in C7-7 (13) and local person and connection PART C - GENERAL CONDITIONS C8-8 MEASUREMENT AND PAYMENT � SECTION C8-8 MEASUREMENT AND PAYMENT C8-8.1 MEASIIREMENT OF QUANTZTIES: The determination of � quantities of work performed by the C�ntractor and authorized d 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 accordinq to the Dnited 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 UNZT PRICES; When in the Proposal a"Unit Price" is set forth, the said "IInit Price" shall include the furnishing � by the Contractor of all Iabor, tools, materials, machinery, equipment, appliances and appurtenances necessary for the � construction of and the completion in a manner acceptable to the Engineer of all work to be done under these Contract Documents. The "Unit Price" shall include all permanent and temporary protection of overhead, surf ace, and underground structures, cleanup, finished, overhead expense, bond, insurance, patent fees, royalties, risk due to the elements and other causes, � deZays, profits, injuries, damages claims, taxes, and all other items not specifically mentioned that may be required to � f ully construct each item of the wozk complete in place and in a satisfactory condition for operation. � C8-8.3 LUMP SUM: When in the Proposal a"Lump Sum" is set , forth, the said "Lump Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials, machinery, equipment, appurtenances, and all subsidary work � necessary for the construction and completion of ali the work to provide a complete and functional item as detailed in the i� 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 aIl labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the � nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution of the work at any time r� C8-8 (1) � � r. � 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 leqal reservations, and for ccmpleteing the work in an acceptable manner accordinq 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, corr�ect, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery f urnished 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 af ter final acceptance. The Owner shall be the sole judge of such defects, imperf ections, or damage, and the Contractor shall be liable to the Owner far failure to correct the same as provided herein. CS-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the lst and Sth 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 $400,000 or greater within twenty-five (25) days after the regular estimate period. The City will have the option of preparinq estimates on forms furnished by the City. The partial estimate may include acceptable nonperishable materials delivered to the work which are to be incorporated into the work as a permanent part thereof, but which at the the time of the estimate have not been installed. (such payment will be allowed on a basis�of 85$ of the net iavoice value thereof.) The Contractor shall f urnish the Engineer such information as he may request to aid C8-8 (2) ' � � � � � � � i � ' � - � 1 i� � � � � �. him as a guide in the verification or the preparation of partial estimates. It is understood that the partial estimate from month to month will be approximate only, and all partial monthly estimates and payment will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate,and such estimate shall not, in any respect, be taken as an admission of the Owner of the arnount of work done or of its quality of sufficiency, or as an acceptance of the work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the .payment of any monthly estimate if the contractor fails to perform the work strictly in accordance with the specifications or provisions of this �ontract. CS-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held in abeyance if the performance of the � construction operations is not in accordance with the requirements of the Contract Documents. � C8-8.7 FINAL ACCEPTANCE: Whenever the improvements p=ovided for by the Contrac� Documents shall have been completed and all requirements of the Contract Documents shall have been fulfilled on the part of the Contractor, the Contractor shall � notify the Engineer in writing that the improvements are ready for the final iaspection. The Engineer �hall 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 �r� comoleted in accordance with the terms of the Contract Documen ts and all approved modifications thereof, the Engineer will initiate the processing of the final estimate and recommend final acceptance of the project and final payment �. therefor as outlined in C8-8.8 below. C8-8.8 FINAL PAYMENT: Whenever ali the improvements provided � for by the Contract Documents and all approved modifications thereof shall have been completed and aIl requirements of the Contract Documents have been fulfilled on the part of the C ontractor, a final estimate showing the value of the work wiZl 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) � � � The amount of the final estimate, less previous payments and any sum that have been deducted or retained under the provisions of the Contract Documents, will be paid to the Contractor within 60 days after final acceptance by the Owner on a proper resolution of the City Council, provided the Contractor has furnished to the Owner satisfactory evidence of payment as follows: Prior to subrnission of the final estimate for payment, the Contractor shall execute an affidavit, as f urnished by the City, certifying that all persons, firms, associations, corporations, or other organizations furnishing labor and/oz 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 clairns 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 a 11 claims or liabilities under the Contract for anything done or furnished or relating to the work under Contract Documents or any act or neqZect of said City relating to oz 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 ADEQQACY 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 C ontractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. CS-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 ) � i� �. � � � � , � . � � ., � � 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 I00 percent of the amount of the contract whicii shall assure the performance af the general �'� guaranty as above outline. The Owner will give notice of observed defects with reasonable promptness. �, � �..� � � C8-8.11 SUBSIDIARY WORR: Any and all work specifically qoverned by documentary requirements for the project, such as conditions imposed by the Plans, the General Contract Documents or these Special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item of work, the cost of which shall be included in the price bid in the Proposal, far each bid item. Surface restoration, rock excavation and cleanup are generai 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 Propasal to establish unit prices for miscellaneous placement of material. These mat�rials shall be used only when directed by the Engineer, depending on field conditions. Payment for miscellaneous placement of material will be made for only that amount of material used, measured to the nearest one-tenth unit. Payment for miscellaneous placement of material shall be in accordance with the General Contract Documents regardless of the actual amount used for the project. � C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all specifications, plans, addenda, modifications, shop drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be delivered to Engineer upon completion ,` of the work. � 1 ' � I�. � C8-8 (S) �I lJ u � SUPPLEMENTARY CONDITIONS FORT WORTH, WATER•DEPARTMENT WATEK�AND WASTEWATER TREATMENT PLANT PROJECTS June 1, 1998 1. CONTRACT DOCUIV�NTS�: In Section C1-1.2 CQNTRACT D(1CUMENTS, delete. Paragraph C1-1.2b SPECIAL CONTR.ACT DOCUMEI�TS and add the following: "b. SPECIAL CONTR.ACT DOCUMENTS: The Special Contract Documents are � prepared for each specific project as a supplement to the General Contract Documents and include the following items: u � � �� I�I PART A- NOTICE TO BIDDERS (Advertisement) , SPECIAL INSTRUCTION TO BIDDERS PART B - PROPOSAL (Bid) M/WBE BID SPECIFICATIONS PART C - GEIV�RAL CONDITIONS PART CS- SUPPLEMENTARY CONDITIONS PART D - SPECIAL CONDITIONS � PART E - TEC�INICAL SPECIFICATIONS PERMITS/EASEMENTS (Some Permits are Multicolored) PART F- BONDS AND INSURANCE PART G - CONTRACT PART H- PLANS/FIGURES (may be bound separately) I�l�'�'�i�'�-.. White White Golden Rod Canary Yellow Green Green White White White White White" 2. DIRECTOR OF 'I'RANSPORATION AND PUBLI� WORKS: Delete entire Paragraph C1-1.,17, and replace with the following: D C1-1.17 DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: The of�'icially appointed Director of the Transportation and Public Works Department of the City of Fort Worth, or his duly authorized representative, assistant, or agents. I�I �i� LI a 3. DIRECTOR OF ENGINEERING: Add the following paragraph after C1-1.17 and before C1-1.18: ,C 1-1.17A DIRECTOR OF ENGINEERING: The officially appointed Director of the ,Department of Engineering of the City of Fort Worth, referred to in the charter as the City Engineer, or his duly authorized representative assistant, or agents. 4. ENGINEER: Delete entire Paragraph C1-1.19, and replace with the following: The Director of the Fort Worth Department of Engineering, the Director of Fort � Worth Transportation and Public Wor�Cs De,partment, the Director of the Fort Worth Water Department, or their duly authorized assistants, agents, engineers, inspectors, or � superintendents, acting within the scope of the particular duties entrusted to them. � � CS-1 5. PROPOSAL FORM: In Section C2-2.1, Paragraph 1, revise last sentence to read as foliows: "The Bidder shall furnish a Financial Statement, Equipment Schedule, and Experience Record, all of which must be properly executed and filed with the Director of the Water Department one week prior to the hour for opening of bids. Information shall be on forms provided by the Bidder and acceptable to the City. 6. E�S:AMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: In Section C2-2.3, Paragraph 2, add the following to the last sentence: "except for changes in the site conditions caused by factors outside of the control of the Contractor which occur after the Contractor's inspection and prior to installation." 7. INTERPRETATION AND PREPARATION OF PROPOSAL: Part C- General Conditions, Section C2-2, exchange paragraphs C2-2.7, C2-2. S, and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security and other required material, to the Purchasing Manager or his representative at the of�icial location and stated time set forth in the proposaI at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidders must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL" and the name or description of the project designated in the "Notice To Bidders". The envelope shall be addressed to the Purchasing Manager, City of Fort Worth Purchasing Division, PO Box 17027, Fort Worth, Texas 76102." C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing Manager cannot be withdrawn prior to the time set for the opening of proposals. A request for non consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. CS-2 � lsl I�I � f �� E � I•� I�J � �' L�I 8. MINORITY BUSINESS ENTERPR�ISE/4�4MEN BUSINESS ENTE�PRISE COMPLIANCE:" Delete entir� Paragraph C3-3.2,, and repIace with the following: C3-3.2 NIINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE COMPLIANCE: U�on 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 pernvt an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for ternunation of the contract and/or initiating action under appropriate federal. State or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being deternuned to be irresponsible and barred from participating in City work for a period� of time of not less than three (3) years. 9. C3 �.5 AWARD OF CONTRACT is modified to read as follows: "The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed the period stated for the duration of the Bid Security stated in the Notice to Bidders or 90 days, whichever is shorter." 10. C3-3.7 BONDS. For the Paragraph after Paragraph C3-3.7d OTI�R BONDS, which begins with "No sureties", change the entire paragraph to read as follows: � "No Sureties will be . accepted by the Owner which are at the time in default or � delinquent on .any bonds or which aze interested in any litigation against the Owner. All bonds shall be made on the forms fumished by the Owner and the surety shall be � acceptable to the Owner. In order for a surety to be acceptable to�the Owner: (1) the name of the swety shall be included on the current U.S. Treasury List of Acceptable Sureties {Circular 870}, or � (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be �licensed to do business in the State of Texas. The amount of the � amount of the bond shall not exceed the amount shown on the treasury list or one- tenth (1/10) of the total capitaI and surplus. If reinsurance is required, the company writing the reinsurance must be�anthorized, accredit�d or trusteed to do business in the � State of Texas. Each bond shail be properly executed by� both the Contractor and the Bonding Company." , IJ � � CS-3 11.0 INSLTRANCE. Change the following portions of C3-3.11 Insurance as shown below: 11.1 INSURANCE FOR SUBCONTRACTORS: At the end of the first paragraph of Section C3-3.11, after "and for all subcontractors", insert the following sentence: "The General Contractor may require all subcontractors to be insured and submit documentation ensuring that the requirements of C3-3.11 are met for a11 subcontractors." 11.2 INSURANCE LIMITS. In Section C3-3.11, after the word "occurrence", add "/aggregate". 11.3 CONIlVIERCIAL GENEREIL LIABII,ITY INSURANCE: In Paragraph C3-3.11b: Replace the word "Comprehensive" with "Commercial" Add the following to Paragraph C3-3.1 lb: "Certificates of insurance shall state that Insurance is on an "occurrence" basis." Certificate shall aIso contain a statement that no exclusions by endorsement have been made to the Commercial General Liability Policy". 11.4 CONIlVIERCIAL GENERAL LIABILITY (CGL) POLICY: Amend Paragraph C3-3.1 lc, Additional Liability, by adding the following: "7. When required by the Contract Documents, Environmental Impairment Liability Coverage must be provided in the limits of $1,000,000 per occurrence and �2,000,000 annual aggregate. The Environmental Impairment Liability (EIL) must contain coverage for sudden and accidental contamination or pollution, liability for gradual emissions, and clean-up costs. The� EIL coverage shall include two year completed operations coverage on a per Project basis. A separate insurance policy may be needed to fulfill this requirement. EIL for damages incurred in the course of transporting sludge shall be covered under the contractor's insurance policy(s)." 11.5 AUTOMOBILE INSURANCE LINIITS: Revise Paragraph C3-3.11d so that the insurance limits are as follows: Bodily Injury $250,000 each person Bodily Injury $500,000 aggregate Property Damage $100,000 aggregate 11.6 LOCAL AGENT FOR INSURANCE AND BONDING: For Paragraph C3-3.1 lg, delete entire paragraph beginning "Local Agent for Insurance and Bonding". 12. LIMITATION OF INCIDENTAL CHARGES (Reference C4-4.Sc): The Contractor agrees that should any change in the work of extra work be ordered, the following applicable percentage shall be added to Material and Labor Costs to cover overhead and profit: CS-4 L� C' f,' � 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall.not exceed 15%. 2: Aliowance to the Contractor for overhead and profit for extra work performed by a subcontractor and supervised by the Contractor sha11 not exceed 10%. � Contractor shall be reimbursed for direct field overhead when the change requires an extension of the Contract period. Contractor shall not be reimbursed for indirect overhead or indirect costs related to changes to this contract. , f,�� L�J L�l �'� L!' I�' � l�J C L' � 13. TESTING COSTS: Section 5-5.12, revise the first sentence to read �as follows: "Where, .as called for in the Contract Documents, tests of materials or equipment are necessary, such tests will be made at the expense of and paid for by the Contractor unless otherwise specifically provided for in the Technical Specifications." 14. LAWS TO BE OBSERVED: Section C6-6.1, delete "or which may be enacted later". After the word "exist," add "at the tim� of ttre Contract or may be hereafter exist during the performance of the Contract." 15. BUII.,DING PERMITS: Paragraph C6-6.2 Insert the following at the end of the paragraph; "Contractors are responsible for obtaining construction .permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Department in accordance with the permit requirements and submit copy of updated schedule to the Engineer weekly. Building, plumbing, electrical and mechanical building permits are issued without charge. Water and sewer access fees will be paid by the Water Department. Any other permit fees are the responsibility of the Contractor." 16. BARRICADES, WARNINGS' AI�TD FLAGMEN: In Paragraph C6-6.8, replace the word "watchmen" wherever in appears wifh the word "flagmen". In the fir,st paragraph, lines five (5) and six (6), replace "take all such other precautionary measures" with "take all reasonable necessary measures". 17. STATE SALES TAX: A. Delete Paragraph C6-6.21 STAT'E SALES TAX in its entirety.�' B. This contract is issued by an org�.nization which qualifies for exemption pursuant � to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise, and Use Tax Act. All equipment and materials not consumed by or incorporated into the project � construction are subject to State Sales Tax ,under House BiII 11, enacted August 15, 1�991. all such taxes shall be included in the various amounts on the Proposal Form. . The successful Bidder shall be required to submit a breakdown between costs of labor, Q� consumable material and other constnzction costs and costs of material incorporated into the project construction prior to execution of this contract. l�l CS-5 r+ M B. At the time of execution of the Contract Documents by the Contractor, the Contractor shall complete the "Statement of Materials and Other Charges" which _ � identifies the project costs anticipated in the Project into "Materials Incorporated into � the Project" and "All Other Charges". The Contract shall be a"Separated Contract". � C. The City of Fort Worth will issue appropriate Certificates of Resale to the Contractor. D. All Change Orders to the Contract will separate charges for materiais and labor and will contain the following statement: "For purposes of complying with Texas Tax Code, the Contractor agrees that the charges for material incorporated into the project in excess of the estimated quantity � provided for herein will be no less than the invoice price for such material to the Contractor." _ l8. PARTIAL PAYMENTS: Change Paragraph C8-8.5 to read as follows: "Partial pay estimates shall be submitted by the Contractor Sth day and the 20th day of � the month that work has been is in progress. The estimate shall be processed by the City on the lOth day and 25th day respectively. Estimates will be paid within 25 days ' following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered -- to the work place which are to be incorporated into the work as a permanent part � thereof, but which at the time of pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net invoice value thereof. The Contractor will furnish the engineer such information as � may be reasonably requested to aid in the verification or the preparation of the pay estimate. _ For contracts of less than $400,000.00 at the execution, retainage shall be ten percent (10%). For contracts of $400,000.00 or more at the time of execution, retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with subcontract agreement, within five (5) business days after receipt by the Contractor of the payment by the City. Contractor's failure to make the required payment to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial �� pay estimates and payment of the same will be subject to correction in the estimate rendered following the discovery of an error in any previous estimate. Payment of any � partial pay estimate shall not, in any respect, be taken as an admission of the Owner of � the amount of work done or of its quality of sutFiciency, or as an acceptance of the � CS-6 � � I�I work done or the release of the Contractor of any of his responsibilities under the Contract Documents. The City reserves the right to withhold the paymet�t of any partial estimate if the � Contractor fails to perform the work in strict accordance with the specifications or other provisions of this Contract." , �I � � � C C �J � � �� C�I C' C'� C f� 19. RIGHT TO AUDIT: Add the following to Section C8-8: C-8-8.14 RIGHT TO AUDIT: "(a) The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under tl�is 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 sha11 be provided adequate and appropriate• work space in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to aIl subcontractor facilities, and shall be provided adequate and appropriate work space in orfler to conduct audits in compliance with the provisions of this article together with subsection (c) hereof. The City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcon�ractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse contractor for the cost of the copies as follows: 1. 50 Copies and Under - l 0. cents per page. 2. More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter." (SJ25/93) � 20. SCHEDULE OF COSTS: Add the following to Section C8-8: C8-8.15 SCHEDULE OF COSTS: Following the completion of all work on the Project and prior to submittal of a request for final payment, the Contractor. shall provide a Schedule of Costs to City for approval which lists all equipment systems, structures, building electrical and HVAC systems, overhead and project related costs. The items will be grouped into categories using the Owner's list of category codes which will be provided by the Owner at the Preconstruction Conference. �S_, .� . � The Schedule of Costs will be used by the City as input to the Capital Assets System, Ir. and will not be considered in preparation of modifications to the Contract. Costs associated with the preparation and processing of this schedule of costs shall be �' subsidiary to the price bid. � The Contractor will also provide a projected payment schedule tied to the project ' schedule and the schedule of values which projects the monthly payments through the end of the Project. The Payment schedule must be submitted along with the first request for payment. This information is necessary to arrange financing of the Project � by the City. r � END OF SECTION � , 1 1 1 1 1 ' 1 1 ' 1 1 cs-s ' u � � PART A- NOTICE TO BIDDER� Sealed Proposals for the following: CLEAR FORK RAW WATER PUMP STATION IMPROVEMENTS � EQUIPMENT PRESELECTION AND PUMP STATION MODEL TESTING PW77-060770160150 I�J l�J L�' � � l�l L� � u �' � l<J u L� Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office, City of Fort Worth, in the I�wer level of the Municipal Building, 1000 Throckmorton, Fort Worth, Texas 76102 untii 1:30 P.M., Thursday, July 29, 1999,and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. The major portions of this project includes: • Fumishing two 30 MGD Vertical Mixed Flow Pumps • Removal and Rebuilding of finro or fumishing two 30'MGD Verticai Mixed Flow Pumps • Pump Station Model Testing • Furnishing finro Adjustable Frequency Drives Specifications and contract documents for this project may be obtained at the office of Black & Veatch, 100 E. 15`h Street, Suite 600, Fort Worth, Texas 76102, Telephone (817) 429-7558. A set of the documents will be provided to prospective bidders for a non-refundable fee of forty dollars ($40.00). These documents contain additional information for bidders. Documents are also on file and may be reviewed at Dallas/Fort Worth Dodge Plan Rooms, AGC, DFW Minority Business Council and Texas Contractors. ' The City of Fort Worth (City) will contract for the selected equipment and pump station model testing. The Procurement Contract will be assigned by the City to the Construction Contractor to whom a contract is awarded for final payment and installation of the equipment. The City reserves the right to accept or reject any or ail bids or parts of bids, to waive any formalities and technica{ities and ta accept the Bid(s) most advantageous to the City. No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened. Robert Terrell City Manager Gloria Pearson Cify Secretary Publication: July 1, 1999 July.B, 1999 a A-1 (AD1- 3) (Addendum 1) (07/22/99) � I� � I�l u I� INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders shall have the meanings assigned to them in the General Conditions and the Supplementary Conditions. ' An additional term is defined as follows: Additional terms are defined as fallows: Successful Bidder - The lowest qualified, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as herein provided) makes an award. 2. COPIES OF BIDDING DOCUMENTS. Bidding Documents may be obtained from athe office of Black & Veatch, 100 E. 15`" Street, Suite 600, Fort Worth, Texas 76102 at a charge of $40.00 per set. No refunds will be made. 1 � � �*i L�J � I#j� � lJ � L�J � Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misrepresentations resulting from the use of incomplete sets of Bidding Documents. '. Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. For additional information conceming this praject please contact Mr. Randy Mclntyre, at the offices of Black & Veatch, 817-429-7558. 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE. It is the responsibility of each Bidder, before submitting a Bid, to (a) thoroughly examine the Contract Documents; (b) become familiar with local conditions that may affect cost, progress, performance, ar furnishing of the Work; (c) consider Federal, State, and local Laws and Regufations that may affect cost, progress, performance, or fumishing of the Work; (d) study and carefully correlate Bidde�'s observations with the Contract Documents; and (e) notify Engineer of a11 conflicts, errors, or discrepancies discovered by Bidder in the Contract Documents. 3.01. Bidder's Representation. The submission of a Bid wifl constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement cancerning examination of the Contract Documents, that without exception the Bid is premised upon performing and fumishing the Work required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail #o indicate and convey understanding of al{ terms and conditions for performance and furnishing of the Work. (Fort Worth, Texas ) (Clear Fork Pump Station) (B8�V PN 61796) A-4 (AD1-4) (Addendum 1) (07/22/99) L�J L�J u l�l LJ � L� � � �� l�l u �i I�I 4. INTERPRETATIONS AND ADDENDA. All questions about the meaning or intent of the Bidding Documents and the Contract Documents shall be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to ail parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for opening of Bids may not be answered. Only answers issued by Addenda will be binding. Oral and other interpretations or ciarifications will be without legal effect. Bidders are responsible for obtaining all addenda to the Contract Documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposai form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. 5. BID SECURITY. Each Bid must be accompanied by bid security made payable without condition to the City of Fort Worth in an amount of five (5%) percent of the Bidder's maximum Bid and in the form of a cashier's check, cettified check, or a Bid Bond issued by a surety meeting the requirements set forth in the Supplementary Conditions. The bid security may be retained by and shall be forfeited to Owner as liquidated damages if the Bid is accepted and a contract based thereon is awarded and the Bidder should fail to enter into a contract in the form prescribed, with legally responsible sureties, within 10 days after such award is made by Owner. The bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement, fumished the required contract security, and met the other conditions of the Notice of Award, whereupon the bid security will be retumed. lf the Successful Bidder fails to execute and deliver the Agreement and fumish the required contract security within the number of days set forth in the Bid �Form, Owner may annul the Notice of Award and the bid security of that Bidder will be forteited. The bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the �earlier of 7 days after the Effective Date of the Agreement or the day after the last day the Bids remain subject to acceptance as set forth, whereupon bid security furnished by such Bidders will be returned. Bid security accompanying Bids which are deemed by Owner to be noncompetitive will be returned within 7 days after the bid opening. To be an acceptable surety on the k�and, (1) the name of the surety shall be included a on the current U.S. Treasury list of acceptab{e sureties, or {2} `the surety must have capita! and surplus equal to ten times the limit of the bond. The surety must be licensed #o do business in the State of Texas. The amount of the bond shall not Oexceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus. � � (Fort Worth, Texas ) (Clear Fork Pump Station) (8&V PN 61796) A-5 (AD1-5) (Addendum 1) (07/22/99) � � L�J u I� LJ II I I�1 � � I;I I�I L�J � '!J L�J � � 6. CONTRACT TIMES. The numbe�s of days within which, or the dates by which, the Work is to be substantially completed and also compieted and ready for final payment (the Contract Times) are set forth in the Bid Form. 7. LIQUIDATED DAMAGES. Provisions for iiquidated damages, if any, are set forth in the Contract Attachment A-Agreement. (See section G of these documents). 8. SUBSTITUTE OR "OR-EQUAL" ITEMS. The Engineer has listed acceptable items in the appropriate Technical Specifications, Part E. The Engineer and Owner do not anticipate substitute or equal items for this project. The procedure for submission of any appiication for review of substitute or "or-equal" items by Contractor and consideration by Engineer is set forth in Paragraph 5.10 of the Supplementary Conditions and may be supplemented in the Project Requirements section Part E. The Contract, if awarded, will be on the basis of materials and equipment indicated on the Drawings or specified in the Specifications. Application for review of substitute or "or- equai" materials or equipment will not be considered by Engineer until receipt of all specified information and necessary data. 9. BID FORM. The Bid Form is bound in the Bidding Documents and shall not be removed therefrom. The Bid must be compfeted in ink. Bids bv corporations must be executed in the comorate name bW the president or the vice-aresident (or other cor�orate officer accomaanied bv evidence of authoritv to sian for the cornorationl. Bids bv partnerships must be executed in the partnership name and sianed bv a�artner. Bids bv ioint ventures shall be siQned bv each participant in the aoint venture or bv a representative of the �oint � venture accomqanied bv evidence o� authoritv to sian for the ioint venture. ' k The names of all persons signing shall be legibly printed below their signatures. A Bid by a person who affixes to his signature the word "president", "secretary", "agent", or other designation without disclosing his principal may be held to be the Bid of the individual signing. When requested by Owner, evidence of the authority of the person signing shall be fumished. All blanks in the Bid Form, Section A and/or Sectian B shall be filled. A bid price shall be indicated for each bid item fisted therein. Each Bidder shall cornplete and submit with the bid, the Equipment Data Form found in Part B of the Specifications. The Bid shaN contain an acknowledgment of receipt of alf Addenda, the numbers and dates of which shaN be filled in on the Bid Form. No alterations in Bids, or in the printed farms therefor, by erasures, interpalations, or D otherwise will be acceptable ur►less each such alteration is signed or initialed by the Bidder; if initialed, Owner may require the Bidder to identify any alteration so initialed. � � � 9.01. Bid Pricina. The lump sum price shal! be based on the Work as indicated on the Drawings and as specified. (Fort Worth, Texas } (Clear Fork Pump Station) (Addendum 1) (B&V PN 61796) A-6 {AD1-6) (�%�Ztig9) l� L�J u �r'; u 10. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Notice to Bidders, or at the modified time and place indicated by Addendum. Bids shall be enclosed in an opaque, sealed envelope or wrapping, addressed to: Mr. Bob Terrell City Manager, City of Fort Worth Purchasing Division, Municipal Office Building 1000 Throckmorton P.O. Box 170Z7 Fort Worth, Texas 76102 � Bids shall be marlced with the name and address of the Bidder and shall be accompanied by the bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelop'e shall be enclosed in a � separate envelope, with the notation "BID ENCLOSED" on the face of it. Each bid envelope shall be identified on the outside with the words "Bid for Clear Fork � Raw Water Pump Station Improvements, Equipment Preselection and Pump Station Modei Testing". �i � '�� Bidder shall assume full responsibility for timeiy defivery at the location designated for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened. A Bid that is received late and inadvertently opened shall not be considered. One copy of the bound documents containing the Bid Form and Equipment Data Form must be submitted with the Bid. Oraf, telephone, facsimile, or telegraph Bids are invalid and will not receive � consideration. No Bidder may submit more than one Bid. Multiple Bids under different names wifl not be accepted from one firm or association. LJ I� '#J � u 11. MODIFICATION AND WITHDRAWAL OF B1DS. Bids may be modified or withdrawn by an appropriate document duly executed (in the i�rianner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the apening of Bids. ' If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake �n the preparatian of its Bid, that Biddec may withdraw its Bid and the bid security will be retumed. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 12. OPENING OF BIDS. Bids will be publicly opened and read aloud at the time and place designated in the Notice to Bidders. � (Fo�t Worth, Texas ) (Clear Fork Pump Station) (B&V PN 61796) A-7 (AD1-7) (Addendum 1) (07122/99) � � � � � I!1 L�I � 13. BIDS TO REMAlN SUBJECT TO ACCEPTANCE. . No bid may be withdrawn until the expiration of ninety (90) days irom the date bids are opened. The award of contract, if made, wiil be wifhin ninety (90) days after the opening of bids. In no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed ta award the cantract. All Bids will remain subject to acceptance, but Owner may, in its sole discretion, release any Bid and retum the bid security prior to that date. 14. AWARD OF CONTRACT Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced, or conditional Bids, and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of Owner to make an award to that Bidder. Owner also reserves the right to waive informalities. � In evaluating Bids, Engineer and Owner will consider the qualifications of the Bidders, � whether or not the Bids comply with the prescribed requireme�ts, and such alternatives, and other data as may be requested in the Bid Form or prior to the Notice of Award. �� , �l u � LiJ � The Engineer and Owner will consider various factors in determining the bid most advantageous to the project, such as (in no particular order) experience, pump efficiency, cost, availability of spare parts, equipment repair facilities, model testing experience, ability to meet schedule and financial status. Engineer and Owner may conduct such investigations as necessary to assist in the evaivation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time:' If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of Owner. 15. CONTRACT SECURITY. The Supplementary Conditions set forth Owner's Orequirements as to a Pertormance Bond. The Bond shall be delivered to Owner with the executed Agreement. � 16. SIGNING OF AGREEMENT. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by unsigned counterparts of the Agreement, with all other written Contract Documents attached. Within the number of days set forth ain the Bid Fosm, the Successful Bidder shall sign, leaving the�dates blank, and de{iver the required number of counterparts of the Agreement and attached documents to Owner with the required Bortd and power of attomey, Within 10 days thereafter, Owner � shall execute all copies of the Agreement and other Contract Documents submitted by Contractor (Successful Bidder); shall insert the date of contract on the Agreement, �J l� (Fo�t Worth, Texas ) (Clear Fork Pump Station) (B&V PN 61796) A-8 (AD1-8) (Addendum 1) (07/22/99) � lJ �� l� � �! �J � � �� Bond, and power of attomey; and shall retum copies for distribution. Distribution of signed copies shall be as stipulated in the Agreement. 17. SALES AND USE TAXES. Equipment purchased under this contract is for the City and under Article 20.04, of the Limited Sales, Excise and Use Tax Act in Texas, the City is exempt from having sales taxes imposed 18. ASSIGNMENT OF PROCUREMENT CONTRACT. The Contract for the Work hereunder will be assigned by Owner to a separate general construction contractor at the time the construction contract (under which the equipment and materials specified herein will be installed) is executed. The assignment af this Contract will be made by Owner prior to completion of fabrication and delivery of the equipment and materials. Example forms for assignment of the Contract and Surety's agreement to the assignment are bound herewith. Examples of the City of Fort Worth's General Conditions and Supplementary Conditions for construction contracts are bound herewith and will be used in the general construction contract. When the project is assigned to the general contractor, he becomes the "Contrac�or". Likewise, the General Conditions and Supplementary Conditions in the Appendix shall govern for that contract. In the application of the terms and conditions of these Contract Documents after the Contract has been assigned to the general construction contractor, the successful Bidder shall function as a subcontractor or a supplier to the assignee general construction contractor, and all obligations of the Procurement Contractor to Owner shall, after assignment, become obligations of the Procurement Cantractor to the assignee general construction contractor. � Risk of Ioss as it relates to the equipment and materiais provided hereunder shall be borne by the Procurement Contractar until delivery to the project site and acceptance by the assignee general construction contractor, and thereafter shall be borne by the assignee general construction contractor until final acceptance by Owner. 19. WAGE RATES: Not less than the prevailing wage rates estabfished by the City of Fort Worth, Texas, and contained in Part D must be paid on this project Z0. N�NRESIDENT BIDDERS: Pursuant to Article 601g, Tex. Rev. Civ. Stat., the City � of Fort Worth will not award this co�tract 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 is located. � "Nonresident bidder" means a bidder whose princi�al 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. L! L�J "Texas resident bidder" means a bidder whose principal place of business is (Fort Worth, Texas ) (Clear Fork Pump Station) (Addendum 1) (B&V PN 61796) A-9 (AD1-9) (07/22/99) L�l � r 1 � � � 1 � 1 � � � M � � � l � �� in this state, and includes 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 wifl automaticaily disqualify that bidder. 21. LAWS AND REGULATIONS. Modifications, if any, to the General Conditions conceming Laws and Regulations are set forth in the Supplementary Conditions. Additional provisions, if any, concerning Laws and Regulations are set forth in the Agreement. End of Section (Fort Worth, Texas ) (Clear Fork Pump Station) (B8V PN 61796) A-10 (AD1-10) a (Addendum 1) (07/22/99) � �� IJ � � � L�� PROPOSAL TO: Mr. Bob Terrell City Manager, City of Fort Worth , Purchasing Division, Municipal Office Building 1000 Throckmorton Street P.O. Box 17027 Fort Worth, Texas 76102 PROPOSAL FOR: Fumishing and delivering to the pump station site two 30 MGD Vertical Mixed Flow Pumps; re-build and deliver two 30 MGD Verticaf Mixed Flow Pumps; pertorm a Pump Station Model Test; fumishing and delivering Adjustable Frequency Drive equipment; all necessary appurtenances and incidental work to provide a complete and serviceable project, designated as: CLEAR FORK RAW WATER PUMP STATION lMPROVEMENTS � EQUIPMENT PRESELECTION AND PUMP STATION MODEL TESTING PW77-0607709 60150 L�J u I�I L■J l! L�J L� �� u Pursuant to the foregoing "Notice to Bidders", the undersigned bidder has thoroughly examined the documents, including the Contract Documents, Notice to Bidders, Instructions to Bidders and Technical Specifications. Upon acceptance of this' proposal by the City Council, the bidder is bound to execute a contract and furnish an approved Performance Bond, and such other bonds required by the City of Fort Warth (Owner) for the pertorming and completing of said work within the time stated and for the following sums, to wit: It is understood that the Owner reserves the right to reject any and all bids received and waive informalities in any Bid. Prices shall be shown in words and figures. In the e.vent of discrepancy, the words shall govern. ALL ITEMS �N THE BASE AND/OR ALTERNATE H1D MUST BE COMPLETED. ANY NO-BID OF ANY ITEMS WILL RENDER THE B1D NON-RESPONSiVE. B - 1 (AD1-11) (Addendum 1) (07/22/99) L�I �� LJ � L�J L�J � � Ll � � � � � I'I � � � L�J 0 SECTlON B - ALTERNATE BID PAY APPROX. DESCRIPTION OF 1TEMS WITH BID IJNIT 1TEM QUANTITY PRICES WRITTEN IN WORDS PRICE 1 B. 2 EACH Furnish and Deliver Variable Speed Verticai Mixed Flow Pump and Appurkenances, (PS-2 & PS-4), Complete as Specified in Section 11140 ��/ � Dollars & —, � ��(� D Cents per Each. 2B. 2 EACH Furnish and Deliver New Constant Speed Vertical Mixed Flow Pump and Appurtenances, (PS-1 & PS-3), Complete as Specified in Section 11140 Uii�i(.�� Dollars & �J�(� Cents per Each. 3B. 2 EACH Fumish and Deliver Adjustab{e Frequency Drives for the Clear Fork Raw Water Pump Station, Complete as Specified in Section 16150 U�l��Dollars & ��P R � Cents per Each. TOTAL AMOUNT BID � � $�qD,�DO $ Ic�O,D�� $ �ODD� $ /d�D, r��r� � �-�--- , $ ODDO°D $ �4,�17 °o �— , 4B. 1 LS Pump Station Model Testing as Specified in Section 13800 �� Dollars & �o po � Cents per Lump Sum. $ �i �DO $ /��, �fi1D . . TOTAL FOR SECTION 8— ALTERNATE BID $ B - 4 {AD1-14) �(% �%i a QQ �� (Addendum 1) (07/22/99) �� ' I�� I� � � � �J � L�J �I L�I � �' � � � I� � In evaluating Bids, Engineer and Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternatives, and other data as requested. Additional information regarding bid evaluation is contained in the Instructions to Bidders. Within ten (10) days after notification by the Owner, the undersigned will execute the forma! contract and wilf deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of this Contract. The attached bid security in the amount of five percent (5%) is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth as liquidated damages for the delay and additional work caused thereby. Bidder agrees that the work will be completed within the following numbers of days after the commencement of Contract Time as defined in the General Conditions. The anticipated dates are also included for reference. Pump Station Model Test Procedures Submittal 14 days Pump Station Model Witness Test Pump Station Model Test Repo�t Initial Receipt by Engineer of Shop Drawings and Manufacturer's Data Receipt by Engineer of Preliminary Operation and Maintenance Data and Manuals 45 days 65 days (November 1, 1999) 21 days 50 days . Detivery of Equipment to Site Earliest Anticipated Pump Removal for Rebuild 37 days (October 1, 1999) Earliest Acceptable Equipment Delivery 129 tlays (January 1, 2000) Completion of Equipment Defivery 160 days (February 1, 2000) Bidder further agress that pertormance of manufacturer's field services (including installation check, startup assistance, and certification of acceptable installation and operation) and final completion of all Work will be coordinated with the assignee general contractor to the satisfaction of the Engineer. The equipment proposed to be furnished shall be accepted when fully complete and finished in accordance with the Documents, to the satisfaction of the Owner. The undersigned certifies that the bid prices contained in this Bid have been carefully checked and are submitted as correct and final. ` Bidder acknowledges that this Contract, if awarded, will be assigned by the Owner to a general construction contractor, and hereby consents and agrees to the assignment under the terms B - 5 (AD1-15) (Addendum 1) (07/22/99) � �� u � u u lJ I�I � lJ LJ L�J L� � I'� � I!1 u I� and conditions of these Documents. (Complete A or B beiow, as applicable:) _ A.The principai place of business of our company is in the State of Respectfully submitted, Non-resident bidders in the State of , aur 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. �.The principal place of business of our company or our parent company or majority owner is in the State of Texas. Receipt is acknowiedged of the ollowing addenda: Addendum No. 1(Initials) !� � y !Qc� Q�Pa1(�L�Y1'l itG� • T // J Addendum No. 2(Initials) Y`�i 7 2.(,��'j d�Q�d ��'� Addendum No. 3 (Initials) y •� /�/9�' ATTEST: � /N M � ST/FF _'-��7� (SEAL) If Bidder is Co�pqr�ig�� /��G Date: �/��1�/ �-1l � r � � g� �9 f� ��q �9 � gy: �� ` Titie: reS��C/4� Address: � p . ( v �� '1 7l �u�/� �( /, s S(�� lo��, T�.�G� ��a9� 1 Telephone: �� ' �� r � �� B - 6 (AD1-16) (Addendum 1) (07/22l99) � � � � 1 1 r 1 � � i � I � � � � � � � SUPPLEMENTARY CONDITIONS • Subiects SCOPE SC-1. DEFINITIONS SC-2. PRELIMINARY MATTERS SC-3. CORRELATION, INTERPRETATION, AN� INTENT O� C(JNTRACT DOCUMENTS SC-4. BONDS AND INSURANCE SC-5. CONTRACTOR'S RESPONSIBILITIES , SC-6. WORK BY OTHERS - No Modifications SC-7. OWNER'S RESPONSIBILITIES - No Modifications SC-8. ENGINEER'S STATUS SC-9. CHANGES IN THE WORK SC-10. CHANGE OF CONTRACT PRICE - No Modi�cations SC-11. CHANGE OF CONTRACT TIME SC-12. WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION OR ACCEPTANCE OF DEFECTIVE WORK SC-'13. PAYMENTS AND COMPLETION SC-14. DELAY OR CANCELLATION OF WORK, AND TERMINATION SC-15. ARBITRATION SC-16. MISCELLANEOUS (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) SC-1 (AD1-17) (Addendum 1) (07/22/99) u � � SUPPLEMENTARY CONDITIONS � SCOPE. These Supplementary Conditions amend or supplement the Generaf Conditions and other provisions of the Contract Documents as indicated herein. All provisions which are not so amended or supplemented remain in full force and effect. u � SC-1. DEFINITIONS. Add the following definitions to Article 1 of the Generai Conditions: Award - The formal acceptance of the Bid by Owner. � Submittals - Shop Drawings, catalog cuts, samples, operating and maintenance instructions, requests, and other documents and items specified to be delivered to Engineer, Owner or Owner's representative. � l� SC-2. PRELIMINARY MATTERS. SC-2.3. Copies of Documents. Delete Paragraph 2.3 of the Generai Conditions and add the following new paragraph: � 2.3. The Contractor to whom a contract is awarded wiil be furnished, fres of charge, �ve copies of the Specifications, together with ail Addenda thereto. Additional copies of Specifications may be obtained from the office of Black & Veatch at 100 E. 15'h Street, Suite 600, Fort Worth, Texas 76102, on the � following basis: I�I I■1 Each complete set of Specifications $40.00 SC-3. CORRELATION. INTERPRETATION. AND tNTENT OF CONTRACT DOCUMENTS. Add the following paragraphs immediately after Paragraph 3.2 of the General Conditions: a 3.2.1. The titles or headings of the paragraphs and subparagraphs in the Contract Documents are intended for convenience of reference and shall not be considered as having a bearing on their interpretation. � � � L!i �� SC-4. BONDS AND INSURANCE. Delete ARTICLE 4, BONDS, of the General Conditions in its entirety, and add the following: ARTICLE 4. BONDS AND INSURANCE. 4.1. Sureties and Insurers: Certificates of Insurance,. All Bonds and insurance required by the Contract Documents shall be obtained from surety or insurance companies that are duly licensed or authorized to issue Bonds or insurance policies, for the limits and coverages required, in the State of Texas. (Fort Worth, Texas) (Clear Fork Pump Station) (68V PN 61796) SC-2 (AD1-18) (Addendum 1) (07/22/99) ��J � L#' l� � Contractor shall deliver to Owner and Engineer, prior to the start of any 1lVork at the project site, properly completed certificates of insurance, on the forms included in the Contract Documents, as evidence that the required insurance is in full force and effect. 4.2. Pertormance Bond. Contractor shall fumish a Performance Bond in an amount at least equal to the Contract Price, as security for the faithfui performance of all Contractor's obligations under the Cnntract Documents. The Bond signed by an agent must be accompanied by a certified copy of such agent's authority to act. Oniy surety companies authorized to do business in and having an agent for services of process in the State of Texas will be acceptable. � If the Surety on any Bond fumished by Contractor is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of the a preceding paragraph, Contractor shall within 10 days thereafter substitute another Bond and Surety, both of which must be acceptable to Owner. Ll IJ L�J l:J � �� L�l L�J LJ I�I �� .. L�J 4.3. Contractor's Liabilitv Insurance. Contractor shall purchase and maintain such liability and other insurance as is appropriate #or the Work being performed and fumished. The insurance shail provide protection from claims set forth herein which may arise out of or result from Contractor's performance and fumishing of the Work and Contractor's other obligations under the Contract Documents, whether it is to be perfnrmed or furnished by Contractor, any Subcontractor or Suppiier, or by anyone directly or indirectly employed by any of them to perform or fumish any of the Work, or by anyone for whose acts any of them may be liable: �� c. cfaims under workers' compensation, disability benefits, and other simiiar employee benefit acts; ciaims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; claims for damages because of bodily injury, sickness or disease, or death of any person other than Contracto�'s employees; d. claims for damages insured by personal injury liability coverage which are sustained: (1) by any person as'a result of an offense directly or indireetly related to the empfayment of such persan by Contractor, or (2) by any other person for any other reason; e. claims for damages, other than to the Worfc itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and f. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) SC-3 (AD1-19) (Addendum 1) (07/22/99) L�1 C� u LJ � use of any motor vehicle. 4.3.1. General Reauirements. The insurance required to bei purchased and maintained by Contractor shall: � a. include at least the specific coverages and be w�itten for not iess than the limits of liability specified herein or required by Laws or Regulations, whichever is greater; b. include completed operations insurance; c, include contractual liability insurance covering Contractor's indemnity � obligations under Paragraphs 5.6 through 5.8 of the General Conditions; � � � � � d. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 30 days' prior written notice has been given to Owner and Engineer, e. remain in effect at least until finai payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work; with respect to completed operations insurance, and any other insurance coverage written on a claims-made basis, remain in effect for at least 2 years after finai payment (and Contractor shall furnish Owner and Engineer evidence satisfactory to Owner of continuation of such insurance at final payment and 1 year thereafter); g, contain a cross liability or severability of interest clause or endorse- � ment. Insurance covering the specified additional insureds shafl be primary insurance, and a11 other insurance carried by the additional insureds shafl be excess insurance; and u I■� ��I h. with respect to workers' compensation and employers' liabifity, comprehensive automobile {iability, commercial generai (iability, and umbrella {iability insurance, Confractor shall require its insurance carriers to waive all rights of subrogatian against Owner, Engineer, and their respective officers, directors, partners, employess, and agents. 4.3.2. Wo�kers' Comqensation and Emnlovers' Liabilitv insurance. This � insurance shall protect Contractor against all claims under applicable state workers' compensation iaws. Contractor shail also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall � within the provisions of a workers' compensation law. This policy shall include an "all states" or "other states" endorsement. ,� Lal (Fort Worth, Texas) (Clear Fork Pump Station) (BS�V PN 61796) SC-4 (AD1-20) (Addendum 1) (07/22/99} u L�J � � � � � � L�J � � � L!' �l �LJ � L�1 L� � The liability limits shall be not less than: Workers' compensation Statutory Employers' liabiiity $1,000,000 each occurrence 4.3.3. Comprehensive Automobile Liabilitv Insurance. This insurance shall be occurrence type written in comprehensive form and shall protect Contractor, and Owner and Engineer as additional insureds, against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, either on or off the project site whether they are owned, nonowned, or hired. The liability limits shall be not less than: Bodily injury and $1,000,000 combined singie iimit for property damage each occurrence ` 4.3.4. Commercial General Liabilitv Insurance. This insurance shall be occurrence type written in comprehensive form and shall protect Contractor, and Owner and Engineer as additional insureds, against claims arising from injuries, sickness, disease, or death of any person or damage to property arising out of performance of the Work. The policy shall also include personal injury liability coverage, contractual liability coverage, completed operations and products liability coverage, and coverage for blasting, explosion, collapse of buildings, and damage to underground property. The liability limits shall be not less than: Bodily injury and property damage $1,000,000 general aggregate 4.3.5. Umbrella Liabilitv Insurance. This insurance shail protect Contractor, and Owner and Engineer as additional insureds, against claims in excess of the limits provided under workers' compensation and employers' liability, comprehensive automobile liability, and commercial general liability policies. The umbrella policy shall follow the form of the primary insurance, including the application of the primary limits. The liability limits shall be not less than: Bodily injury and $2,OQ0,0�0 combined single limit for property damage each occurrence � $2,000,000 general aggregate $1,000,000 combined single limit for each occurrence 4.4. Transportation Insurance. Transportation insurar�ce shall be of the "all risks" k (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) SC-5 (AD1-21) (Addendum 1) (07/22I99) � LRJ � type and shall protect Contractor and Owner from all insurable risks of physicat loss or damage to equipment and materials in transit to the designated Iocation. The coverage amount shall be not less than the full value of items exposed to risk in transit at any one time. � Transportation insurance shall provide for losses to be payable to Contractor and Owner as their interests may appear and shall contain a waiver of subrogation rights against the insured parties. For insurance purposes, the risk of loss to � equipment and materials shall remain with Contractor until the equipment and materials are accepted by the assignee general construction contractor at the designated location. � u � LJ L�J � L�! �•; �J L�l L■J I�' I�J CI Contractor shall submit a copy of the transportation insurance policy to Owner at least 30 days before the scheduled shipping date. The policy shall quote the insuring agreement, shall list all exclusions, and shall state that 30 days' written notice will be given Owner before the policy is changed or canceled. SC-5. CONTRACTOR'S RESPONSIBILITIES. SC-5.9. Assianment of Procurement Contracts. Add the following new paragraph immediately after Paragraph 5.8 of the General Conditions: 5.9. Assi4nment of Procurement Contracts.. Following award of the general construction contract, Owner will assign all or part of the procurement contract(s) to the general construction contractor as stipulated in the Contract Attachment A - Agreement. SC-5.10. Substitute and "Or-Eaual" Items. Add the foilowing new paragraph immediately after Paragraph 5.9 of the General Conditions: ' 5.10. Substitute and "Or-EQual" Items.. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, functior�, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment oi other Suppliers may be submitted to Engineer under the foAowing circumstances: 5.10.1. "Or-Equal": If in Enginee�'s sole discretion an item of material or equipment proposed by Contractor is functionally equai to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which'Mcase review of the proposed item may, in Engineer's sole discretion, be accomplished without comptiance with some or atl of the requirements for evaluation of the proposed substitute items. 5.10.2. Substitute Items: If in Engineer's sole discretion an item of material or (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) SC-6 (AD1-22) (Addendum 1) (07/22/99) � � l�J L�1 I�l LJ � L�J L!! l�l l!1 �� u LJ � I�I L■J �l equipment proposed by Contractor does not qualify as an�"or-equai" item under Subparagraph 5.10.1, it wili be considered a proposed substitute item. Contractor shall submit sufficient information as provided below to ailow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and a substitute therefor. The procedure for review by Engineer wili inciude the following as supplemented in Division 1, Genera( Requirements, and as Engineer may decide is appropriate under the circumstances. Requests for review of proposed substitute items of materiai or equipment will not be accepted by Engineer from anyone other than Contractor. If Contractor wishes to fumish or use a substitute item of materiaf or equipment, Contractor shail first make written application for evaluation thereof to Engineer, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the generai design, be simifar in substance to that specified, and be suited to the same use as that specified. The application shall state the extent, if any, to which use of the proposed substitute, will prej- udice Contractor's achievement of each Milestone on time, whether or not use of the substitute in the Work wi(I require a change in any of the Contrac# Documents (or in the provisions of any other direct contract with Owner for work on the Project) to adapt the design to the proposed substitute, and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall identified in the application, and available maintenance, repair, and replacement service will be indicated. The application shall atso contain an itemized estimate of ail costs or credits that will result directly or indirectly from use of such substitute, including costs af redesign and claims of other contractors affected by the resulting change, all of which will be considered by Engineer in evaluating the proposed substitute. Engineer may require Contractor to fumish additional data about the proposed substitute. 5.10.3. Contractor's Expense: All data to be provided by Contractor in suppo�i of any proposed "or-equal" or substitute item shall be at Contractor's expense. 5.10.4. Engineer's Evaivation: Engineer shall be allowed a reasonabie time within which to evaluate each proposal or submittaf made pursuant to Paragraph 5.10.2. Engineer wifl be the sole judge of acceptabifity. No "or-equal" or substitute shall be ordered, installed, or utilized untit Engineer's review is comp{ete, which will be svidenced by either a Change Order or completion of the Shop Drawing review procedure. Owner may require Contractor to furnish at Contractor's expense a special performance guarantes or other surety with respect to any "or equai" or substitute. Engineer will record time required by Engineer and Engineer's Consultants in evaluating substitutes proposed or submitted by Contractoc pursuant to Paragraph 5.'10.2 and in making changes in the Contract Documents {or in the provisions of any other direct contract with Owner for work on the Project) occasioned theceby. Regardless of Engineer's decision regarding a substitute item so proposed or submitted by Co�tractor, Contractor shall reimburse Owner for the charges of Engineer and Enginee�'s Consultants for evaluating each such proposed substitute item. (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) SC-7 (AD1-23) (Addendum 1) (07/22/99) � � � � L�J u � � CJ L�! LJ � �LJ a �' L�J L�I � l!! SC-6. WORK BY OTHERS. No modifications. SC-7. OWNER'S RESPONSIBILITIES. SC-7.3 — Delete paragraph 7.3 of the Generai Conditions in its entirety and replace with the following: "In addition to his rights to request changes in the Work, Owner shail execute such change orders as may be necessary in the Owner's sole opinion." SC-8. ENGINEER'S STATUS. SC-8.2 Clarifications and Interpretations. Add the foliowing to the last sentence "within 15 days from the date the Contractor receives the written ciarification." SC-8.5. Decisions on Disapreements. Delete Paragraph 8.5 of the General Conditions in its entirety, and replace with the following: 8.5. Resolution of a disagreement over any decision of Engineer shall be in accordance with the provisions of Article 15 of the General Conditions, as amended by Paragraph SC-15 of the Supplementary Conditions. 4 SC-9. CHANGES IN THE WORK. SC-9.2. Add the following to the last sentence "within 15 days from the date of the Engineer's authorization. SC-10. CHANGE OF CONTRACT PRICE. No modificatians. SC-11. CHANGE OF CONTRACT TIME. SC-11.3. De{ete the second sentence in this paragraph. SC-12. WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS; CORRECTION OR ACCEPTANCE OF DEFECTlVE WORK. SC-12.8. Correction Period. Add the following new paragraph immediately after Paragraph 12.8 of the General Canditions: Nothing in this Article 12 concecning the corre�tion period shall establish a period of limitation with respect to any other obligation which Cor►tractor has under the Contract Documents. The establishment of time periods relates only to the specific obligations of Contractor to correct the Work, and has no relationship to the time within which his obligations under the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish his liability with respect to his obligations other than to specifically correct the Work. ' SC-12.10 Ne lected Work b Contractor. Delete the term "ifIENGlNEER agrees with 9 Y such action," from the second sentence in this paragraph. (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) SC-8 (AD1-24) (Addendum 1) (07/22/99) � � � SC-13. PAYMENTS AND COMPLETION. SC-13.1. Apoiication for Proaress Pavments. Delete Paragraph 13.1 of the Generai Conditions in its entirety, and replace with the following: 13.1. Proaress Pavments. Provisions goveming the submittai of Applications for D Payment by Contractor to the Owner and to the assignee general construction contractor are set forth in the CONTRACT ATTACHMENT A— AGREEMENT. See Section G of these documents. � l�! l!, �I� u L�J �� LJ l�l � � 13.1.1. Schedule of Pavments. The schedule governing C�ntractor's rights to claim payment for Work completed is set forth in the CONTRACT ATTACHMENT A—AGREEMENT. See Section G of these documents. SC-13.3. Review of Aaplication for Paament. Delete Paragraph 13.3 of the General Conditions in its entirety, and repiace with the following: 13.3. Engineer will, within 10 days after receipt of an Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner, or return tt�e Appiication to the Contractor or the general construction contractor, as applicable, indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, the general construction contractor may, after consultation with Contractor if the refusai involves Work of Contractor, make the necessary corrections and resubmit the Application. Upon receipt of a properiy completed Application for Payment, Owner shall, within 25 days after such receipt, pay to the Contractor or the general construction contractor, as applicabte, the amount stated in the Application less any amounts due to Owner under these Contract Documents. SC-13.6. Aaqlication for Final Pavment. Delete Paragraph 13.6 of the General Conditions in its entirety, and replace with the following: 13.6. Provisians goveming the submittal of the Applicatian for Fina{ Payment are set forth in the CONTRACT ATTACHMENT A— AGREEMENT. See Sectian G of these documents. SC-13.7. Final Pavment. Detete Paragraph 13.7 of the General Conditions in its entirety, and replace with the following: 13.7. The general construction cont�actor's Application for Final Payment shall (� be processed by Engineer as stipulated hereinbefore for Applications for �1 Progress Payments. I�I � � Under these terms and conditions, Contractor shall have no recourse for ciaims against Owner, Engineer, or the general construction contractor for any delay in the finai payment due to the fault of parties other than Contractor. (Fort Wo�th, Texas) (Clear Fork Pump Station) (B&V PN 61796) SC-9 (AD1-25) (Addendum 1) (07/22/99) ,'�1 �' � � l�l LJ � � � �� SC-14. DELAY OR CANCELLATION OF WORK. AND TERMINATION. No modifications. SC-14.5 Contractor {May Stop Work or Terminate: Delete the term "or awarded by arbitrators" from the first sentence in this paragraph. SC-15. ARBITRATION. Delete Articie 15 of the General Conditions in its entirety, and repiace with the foflowing: Article 15. DISPUTE RESOLUTION. In the event of a disagreement over any decision of Engineer, or of any other dispute or disagreement between Owner and Contractor, the use of Altemative Dispute Resolution (ADR) methods will be encouraged instead of formal dispute resolution procedures, to promote and maintain amicable working relationships between the parties. ADR methods may include negotiation and mediation. In the event that ADR procedures are unsuccessful, the dispute may then proceed to other legal actions. SC-'16. MISCELLANEOUS. SC-16.1. Givinq Notice. Delete Paragraph 16.1 of the General Conditions and replace with the fotlowing: 16.1. Any notice required under the Contract to be in writing shail be dated and signed by the party giving such notice or his duly authorized representative, and shall be served as follows: � 16.1.1. If to Owner, by personal delivery, by fax (with oral verification of receipt a and followed by a mailing of the original), by ovemight delivery, or by deposit in the United States mail. I�� LJ 16.1.2. If to Contractor, by personal delivery to Contractor or his authorized representative at the worksite of the Project, by fax (with oral verification of receipt and follawed by a mailing of the originai), by ovemight delivery, or by deposit in the United States maif. 16.1.3. If to the Surety, by personal defivery to the Surety's agent for service, by a fax to said agent (with oral verification af receipt and followed by a mailing of the original), by overnight delivery, or by deposit in the United States mail to said agent. � � � i� � 16.1.4. If to any other person, by personal delivery, by fax {with oral verification or receipt and followed by a mailing of the original), by overnight delivery, or by deposit in the United States mail. 16.1.5. All mailed notices shall be in sealed envelopes, shail be sent by certified mail with postage prepaid, and shall e addressed to the addresses in the Contract Documents or such substit�te addresses in w�ich a party designates in writing and serves as set forth herei . (Fort Worth, Texas) I (Addendum 1) (Clear Fork Pump Station) (07/22/99) (B&V PN 61796) SC-10 �AD1-26) I�� lJ � � L�1 � � l'�l u a � � � a 0 �� 0 L�J 16.1.6. For the purpose of the various notice requirements contained in the Contract Documents, notice shali be deemed given on the date it is personaily delivered or faxed, 1 day after it is sent by ovemight mail or 3 days after the date it is mailed, as evidenced by the postmark. SC-16.7. Cumulative Remedies. Add the following immediately after Paragraph 16.6 of the General Conditions: 16.7. Except as otherwise specifically provid�d in the Contract Documents, no action or failure to act by Owner, Engineer, or Contracior shail constitute a waiver of any rights or duty afforded by any of them under the Contract Documents, nor shall any such action or failure to act constitute a� approval of or acquiescence in any breach thereunder. End of Section (Fort Worth, Texas) (Clear Fork Pump Station) (B�V PN 61796) SC-11 (AD1-27) (Addendum 1) (07/22/99) � � d.J � � � � � � � � � � � � � � � � Phoenix Pump, Inc. 7171 Hwy. 6 North Suite 104A � Houston. Texas 77�95 281-345-8700 CiTY OF FORT WORTH, TEXAS WATER DEPARTMENT SPECIFICATIONS AND CONTRACT DOCUMENTS FOR Contractor Street Address City & State Telephor�e CLEAR FORK RAW WATER PUMP STAT�ON IMPROVEMENTS EQUIPMENT PRESELECTtON & PUMP STATION MODEL TESTING VERTICAL MIXED FLOW PUMPS VERTICAL MIXED FLOW PUMP RE-BUILD PUMP STATION MODEL TESTING PROJECT NO. PW77-060770160150 JULY, 1999 PREPARED BY BLACK & VEATCH, LLP '100 E. 15T" STREET, SUITE 600 FORT� WORTH, TEXAS 76102 (81 � 429-7558 a � a � Q � a a � � � a a � a � � � � TABLE OF CONTENTS 1. PART A NOTICE TO BIDDERS Notice to Bidders � Instructions to Bidders 2. PART B PROPOSAL Proposal Equipment Data Form 3. PART C GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS 4. PART SC SUPPLEMENTARY CONDITIONS 5. PART D SPEClAL CONDITIONS 6. PART E TECHNICAL SPECIFICATIONS Seetion 01015 — PROJECT REQUIREMENTS � Section 01300 — SUBMITTALS Section 01610 — GENERAL EQUIPMENT STIPULATIONS Section 11140 — VERTICAL MIXED FLOW PUMPS Section 13800 — PUMP STATION MODEL TESTINC� Section 16150 -- ADJUSTABLE FREQUENCY DRIVES 7. PART F BONDS Performance Bond . Certificate of Insurance Contractor Compliance with Workers Compensation Law 6. PART G CONTRACT contra�t Contract Attachment A — Agreement Assignment of Contract Surety's Agreement to Assignment 7. APPENDIX . Drawings of Clear Fork Pump Station . City of Fort Worth General Conditions for Construction Contracts City of Fort Worth Supplementary Conditions for Construction Contracts � � , � � t � � � � � � 1 � PART A NOTICE TO BIDDERS L' � �!' C� L PART A- NOTtCE TO BIDDERS Sealed Proposals for the following: ^ CLEAR FORK RAW WATER PUMP STATION IMPROVEMENTS U EQUIPMENT PRESELECTION AND PUMP STATION MODEL TESTING PW77-060770160150 � � C Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office, City of Fort Worth, in the lower level of the Municipal Building, 1000 Throckmorton, Fort Worth, Texas 76102 until 1:30 P.M., Thursday, July 29, 1999,and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. The major portions of this project includes: • Fumishing, finro 30 MGD Vertical Mixed Flow Pumps Q • Rebuilding two or furnishing two 30 MGD Vertical Mixed Flow Pumps • Pump Station Model Testing • Fumishing two Adjustable Frequency Drives � L� L,I � I�! � � n Ll � � Specifications and contract documents for this project may be`obtained at the office of Black & Veatch, 100 E. 15th Street, Suite 600, Fort Worth, Texas 76102, Telephone (817) 429-7558. A set of the documents will be provided to prospective bidders for a non-refundable fee of forty dollars ($40.00). These documents contain additional information for bidders. Documents are also on file and may be reviewed at Dallas/Fort Worth Dodge Plan Rooms, AGC, DFW Minority Business Council and Texas Contractors. The City of Fort Worth (City) will contract for the selected equipment and pump station model testing. The Procurement Contract will be assigned by the City to the Construction Contractor to whom a contract is awarded for final payment and installation of the equipment. � The City reserves the right to accept or reject any or all bids or parts of bids, to waive any formalities and technicalities and to accept the Bid(s) most advantageous to the City. No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened. Robert Terrell City Manager Gloria Pearson City Secretary Publication: July 1, 1999 July 8, 1999 A-1 � � INSTRUCTIONS TO BIDDERS � l■J � � 1. DEFINED TERMS. Terms used in these Instructions to Bidders ,shall have the meanings assigned to them in the General Conditions and the Supplementary Conditions. An additional term is defined as follows: Additional terms are defined as follows: Successful Bidder - The lowest qualified, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as herein provided) makes an award. " � 2. COPIES OF BIDDING DOCUMENTS. Bidding Documents max be obtained from the office of Black & Veatch, 100 E. 15`h Street, Suite 600, Fort Worth, Texas 76102 at a charge of $40.00 per set. No refunds will be made. � � �� LJ I�I � Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misrepresentations resulting from the use of incomplete sets of Bidding Documents. Owner and Engineer, in making copies of Bidding Documents avaiiable on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. For additional information concerning this project please contact Mr. Randy Mclntyre, at the offices of Black & Veatch, 817-429-7558. 3. EXAMINATION OF CONTRACT DOC;UMENTS AND SITE. It is the responsibility of each Bidder, before submitting a Bid, to (a) thoroughly examine the Contract Documents; (b) become familiar with local conditions that may affect cost, progress, performance, or fumishing of the Work; (c) consider Federal, State, and local Laws and Regulations that may affect cost, progress, pertormance, or fumishing of the Work; (d) study and carefu8y correlate Bidder's observations with the Contract Documents; and (e) notify Engineer of all conflicts, errors, or discrepancies discovered by Bidder in the Contract Documents. 3.01. Bidder's Representation. The submission of a Bid will constitute an p incontrovertible representation by Bidder that Bidder has complied with every �equirement concerning examination of the Contract Documents, that without exception the Bid is premised upon performing and fumishing the Work required � by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for pertormance and furnishing of the Work. � � � (Fort Worth, Texas ) (Clear Fork Pump Station) (B&V PN 61796) A-4 l�l I�I � � � � [�J � L�I � LJ � L■J I� �J 4. INTERPRETATIONS AND ADDENDA. All questions about the meaning or intent of the Bidding Documents and the Contract Documents shall be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for opening of Bids may not be answered. Only answers issued by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 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. ' 5. BID SECURITY. Each Bid must be accompanied by bid security made payable without condition to the City of Fort Worth in an amount of five (5%) percent of the Bidder's maximum Bid and in the form of a cashier's check, certified check, or a Bid Bond issued by a surety meeting the requirements set forth in �he Supplementary Conditions. The bid security may be retained by and shall be forfeited to Owner as liquidated damages if the Bid is accepted and a contract based thereon is awarded and the Bidder should fail to enter into a contract in the form prescribed, with legally responsible sureties, within 10 days after such award is made by Owner. � The bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement, fumished the required contract secunty, and met the other conditions of the Notice of Award, whereupon the bid security will be retumed. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within the number of days set forth in the Bid Form, Owner may annul the Notice of Award and the bid security of that Bidder will be forfeited. The bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until th�e earlier of 7 days after the Effective Date of the Agreement or the day after the last day the Bids remain subject to acceptance as set forth, whereupon bid security fumished by such Bidders will be retumed. Bid security accompanying Bids which are deemed by Owner to be noncompetitive will be retumed within 7 days after the bid opening. To be an acceptable surety on the bond, (1) the name of the surety shall be included Q on the current U.S. Treasury list of acceptable sureties, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not � exceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus. � � (Fort Worth, Texas ) (Clear Fork Pump Station) (B�V PN 61796) A-5 J �•J �� ' �J � C� C� C� L�J �I � �li �+ � � n 6. CONTRACT TIMES. The numbers of days within which, or the dates by which, the Work is to be substantially completed and afso completed and ready for final payment (the Contract Times) are set forth in the Bid Form. `�. 7. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Contract Attachment A-Agreement. 8. SUBSTITUTE OR "OR-EQUAL" ITEMS. The Engineer has listed acceptable items in the appropriate Technical Specifications, Part E. The Engineer and Owner do not anticipate substitute or equal items for this project. The procedure for submission of any application for review of substitute or "or-equal" items by Contractor and consideration by Engineer is set forth in Paragraph 5.10 of the Supplementary Conditions and may be supplemented in the Project Requirements section Part E. The Contract, if awarded, will be on the basis of materials and equipment indicated on the Drawings or specified in the Specifications. Application for review of substitute or "or- equal" materials or equipment will not be considered by Engineer until receipt of all specified information and necessary data. 9. BID FORM. The Bid Form is bound in the Bidding Documents and shall not be removed therefrom. The Bid must be completed in ink. Bids by corporations must be executed in the corporate name by the president or the vice-president (or other corporate officer accompanied by evidence of authority to sign for the corporation). Bids by partnerships must be executed in the partnership name and signed by a partner. Bids by joint ventures shall be signed by each participant in the joint venture or by a representative of the joint venture accompanied by evidence of authority to sign for the joint venture. The names of all persons signing shall be legibly printed below their signatures. A Bid by a person who affixes to his signature the word "president", "secretary", "agent", or other designation without disclosing his principal may be held to be the Bid of the individual signing. When requested by Owner, evidence of the authority of the person signing shall be fumished. � All blanks in the Bid Form, Section A and/or Section B shall be filled. A bid price shall be indicated for each bid item listed therein. Each Bidder shall complete and submit the with the bid, the Equipment Data Form found in Part B of the Specifications. The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers and dates of which shail be filled in on the Bid Form. No alterations in Bids, or in the printed forms therefor, by erasures, interpolations, or a otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, Owner may require the Bidder to identify any alteration so initialed. � 9.01. Bid Pricina. The lump sum price shall be based on the Work as indicated on the Drawings and as specified. � {Fort Worth, Texas ) (Clear Fork Pump .Station) (B&V PN 61796) A-6 L�I L�I Q 10. SUBMISSION OF BIDS. Bids shali be submitted at the time and place indicated in � the Notice to Bidders, or at the modified time and place indicated by Addendum. Bids shall be enclosed in an opaque, sealed envelope or wrapping, addressed to: a Mr. Bob Terrell City Manager, City of Fort Worth Purchasing Division, Municipal Office Building � 1000 Throckmorton P.O. Box 17027 Fort Worth, Texas 76102 aBids shall be marked with the name and address of the Bidder and shall be accompanied by the bid security and other required documents. If the Bid is sent � through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope, with the notation "BID ENCLOSED" on the face of it. Each bid envelope shall be identified on the outside with the words "Bid for Clear Fork � Raw Water Pump Station Improvements, Equipment Preselection and Pump Station Model Testing". I�.I' u Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened. � One copy of the bound documents containing the Bid Form and Equipment Data Form must be submitted with the Bid. � � Oral, telephone, facsimile, or telegraph Bids are invalid and will not receive consideration. No Bidder may submit more than one Bid. Multiple Bids under different pnames will not be accepted from one firm or association. 11. MODIFICATION AND WITHDRAWAL OF BIDS. Bids may be modified or � withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. , aIf, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of p Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the bid security will be re�urned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the � Contract Documents. 12. OPENING OF BIDS. Bids will be publicly opened and read aloud. An abstract of � the amounts of the Base Bids and major alternatives (if any) will be made available to Bidders after the opening of Bids. D (Fort Worth, Texas ) (Clear Fork Pump Station) (B&V PN 61796) A_7 u u � � � � L1 � 13. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. . No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened. � The award of contract, if made, will be within ninety (90) days after the opening of bids. In no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. All Bids will remain subject to acceptance, but Owner may, in its sole discretion, release any Bid and return the bid security prior to that date. 14. AWARD OF CONTRACT Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced, or conditional Bids, and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of Owner to make an award to that Bidder. Owner also reserves the right to waive informalities. � In evaluating Bids, Engineer and Owner wifl consider the qualifications of the Bidders, � whether or not the Bids comply with the prescribed requirements, and such alternatives, and other data as may be requested in the Bid Form or prior to the Notice of Award. � The Engineer and Owner will consider various factors in determining the bid most advantageous to the project, such as (in no particular order) experience, pump efficiency, cost, availability of spare parts, equipment repair facilities, model testing aexperience, ability to meet schedule and financial status. L�J � L�J L�J Engineer and Owner may conduct such investigations as necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders to pertorm and fumish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. If the Contract is to be awarded, it will be awarded to the Iowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of Owner. If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within the number of days set forth in the Bid Form. 15. CONTRACT SECURIN. The Supplementary Conditions set forth Owner's a requirements as to a Performance Bond. The Bond shall be delivered to Owner with the executed Agreement. D 16. SIGNING OF AGREEMENT. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by unsigned counterparts of the Agresment, with all other written Contract Documents attached. Within the number of days set forth � in the Bid Form, the Successful Bidder shall sign, leaving the dates blank, and deliver the required number of counterparts of the Agreement and attached documents to a (Fort Worth, Texas ) (Clear Fork Pump Station) (B&V PN 61796) A-8 � C�l � � � � � L�J � Owner with the required Bond and power of attorney. Within 10 days thereafter, Owner shall execute all copies of the Agreement and other Contract Documents submitted by Contractor (Successful Bidder); shall insert the date of contract on the Agreement, Bond, and power of attorney; and shall retum copies for distribution. Distribution of signed copies shall be as stipulated in the Agreement. 17. SALES AND USE TAXES. Equipment purchased under this contract is for the City and under Article 20.04, of the Limited Sales, Excise and Use Tax Act in Texas, the City is exempt from having sales taxes imposed 18. ASSIGNMENT OF PROCUREMENT CONTRACT. The Contract for the Work hereunder will be assigned by Owner to a separate general construction contractor at the time the construction contract (under which the equipment and materials specified herein will be installed) is executed. The assignment of this Contract will be made by Owner prior to completion of fabrication and delivery of the equipment and materials. Example forms for assignment of the Contract and Surety's agreement to the assignment are bound herewith. Examples of the City of Fort Worth's General Conditions and Supplementary Conditions for construction contracts are bound herewith. � In the application of the terms and conditions of these Contract Documents after the Contract has been assigned to the general construction contractor, this Contractor shall function as a subcontractor or a supplier to the assignee general construction contractor, and all obligations of this Contractor to Owner shall, after assignment, � become obligations of this Contractor to the assignee general cQnstruction contractor. � � LiJ � � Risk of loss as it relates to the equipment and materials provided hereunder shall be bome by Contractor until delivery to the project site and acceptance by the assignee general construction contractor, and thereafter shall be bome by the assignee general construction contractor until final acceptance by Owner. 19. WAGE RATES: Not less than the prevailing wage rates e�tablished by the City of Fort Worth, Texas, and contained in Part D must be paid on this project 20. NONRESIDENT BIDDERS: Pursuant to Article 601g, Tex.,Rev. Civ. Stat., the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresidenYs bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is � not in this state, but excludes a Contractor whose ultimate parent company or majority owner has its principal place of business in this state. � "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a Contractor whose ultimate parent company or � (Fort Worth, Texas ) (Clear Fork Pump Station) (B&V PN 61796) I_� � L�l � L�1 � � � L�l LJ � � � � � � � � � � (Fort Worth, Texas ) (Clear Fork Pump Station) (B&V PN 61796) A-10 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. 21. LAWS AND REGULATIONS. Modifications, if any, to the General Conditions conceming Laws and Regulations are set forth in the Supplementary Conditions. Additional provisions, if any, conceming Laws and Regulations are set forth in the Agreement. End of Section � ..1 m a � � a a a � o. �'J �i !! � � �. ' � _� �.� � � f,_..� �7 � � � � �3 � � i9 � L�J � � � l�J � PROPOSAL TO: Mr. Bob Terrell City Manager, City of Fort Worth Purchasing Division, Municipal Office Building 1000 Throckmorton Street P.O. Box 17027 Fort Worth, Texas 76102 PROPOSAL FOR: Furnishing and delivering to the pump station site two 30 MGD Vertical Mixed Flow Pumps; re-build and deliver,.two 30 MGD Vertical Mixed Flow Pumps; perform a Pump Station Model Test; furnishing and delivering Adjustable Frequency Drive equipment; all necessary appurtenances and incidental work to provide a complete and serViceable project, designated as: CLEAR FORK RAW WATER PUMP STATION IMPROVEMENTS � EQUIPMENT PRESELECTION AND PUMP STATION MODEL TESTING PW77-060770160150 � � L�1 ;� � � � � � � Pursuant to the foregoing "Notice to Bidders", the undersigned bidder has thoroughly examined the documents, including the Contract Documents, ;Notice to Bidders, Special Instructions to Bidders and Technical Specifications. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish an approved Performance Bond, and such other bonds, if any, approved by the City of Fort Worth (Owner) for the performing and completing of said work within the time stated and for the following sums, to wit: It is understood that the Owner reserves the right to reject any and all bids received and waive informalities in any Bid. Prices shall be shown in words and figures. In the event of discrepancy, the words shall govem. ALL ITEMS IN THE BASE AND/OR ALTERNATE BID MUST BE COMPLETED. BIDDER MAY NOT NO-B1D ANY ITEM(S). � � L� I � � Ll L�' L�J � � � � � � L� SECTION B - ALTERNATE BID PAY APPROX. DESCRIPTION OF ITEMS WITH BID ITEM QUANTITY PRICES WRITTEN IN WORDS 1 B. 2 EACH Fumish and Deliver Variable Speed Vertical Mixed Flow Pump and Appurtenances, (PS-2 & PS-4), Complete as Specified in Section 11140 ,�/��T� / OH c,CSs�+vD Doliars & i �� Cents per Each. 2B. Z EACH Fumish and Deliver Constant Speed Vertical Mixed Flow Pump and Appurtenances, (PS-1 & PS-3), Complete as Specified in Section 11140 ,�!Ij��T`� � aUSANO Dollars & � �ERa Cents per Each. 3B. 2 EACH Fumish and Deliver Adjustable Frequency Drives for the Clear Fork Raw Water Pump Station, Complete as Specified in Section 16150 �� SA��/D Dollars & i �ERb Cents per Each. � 4B. � � � � UNIT PRICE � TOTAL AMOUNT BID 00 00 $ go,�D' $ /80, o00 - � � 00 $ -�10.GtOD�$ /BO� 00a . t.t� o0 $ 4��000 - $ �O, ODO . 1 LS Pump Station Model Testing as Specified in Section 13800 ' r�/X T� /i`�4�/S,q�yO Dollars & . � �ERa Cents per Lump Sum. $lo�i ODO ." � li Di ODO �o ._ 00 TOTAL FOR SECTION B— ALTERNATE BID $_ �J OO� �00 �" B-4 � � L� L�J � � In evaluating Bids, Engineer and Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such altematives, and other data as requested. Additional information regarding bid evaluation is c�antained in the Instructions to Bidders. Within ten (10) days after notification by the Owner, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful pertormance of this Contract. The attached bid security in the amount of five percent (5%) is to become the property of the Gity of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth as liquidated damages for the delay and additional work caused thereby. � Bidder agrees that the work will be completed within the following numbers of days after the commencement of Contract Time as defined in the General Conditions. The anticipated dates are also included for reference. � I� L� � L!'' �' I! u � � � Pump Station Model Test Procedures Submittal 14 days Pump Station Model Witness Test Pump Station Model Test Report Initial Receipt by Engineer of Shop Drawings and Manufacturer's Data Receipt by Engineer of Preliminary Operation and Maintenance Data and Manuals 45 days 65 days (November 1, 1999) 21 days 50 days Delivery of Equipment to Site Earliest Anticipated Pump Removal for Rebuild 37 days (October 1, 1999) Earliest Acceptable Equipment Delivery 129 days (January 1, 2000) Completion of Equipment Delivery 160 days (February 1, 2000) Bidder further agrees that performance of manufacturer's field services (including installation check, startup assistance, and certi�cation of acceptable installation and operation) and final completion of all Work will be coordinated with the assignee general contractor to the satisfaction of the Engineer. The equipment proposed to be furnished shall be accepted when fully complete and finished in accordance with the Documents, to the satisfaction of the Owner. The undersigned certifies that the bid prices contained in this Bid have been carefully checked and are submitted as correct and final. . Bidder acknowledges that this Contract, if awarded, will be assigned by the Owner to a general construction contractor, and hereby consents and agrees to the� assignment under the terms � J � l�J � � and conditions of the Contract Documents. (Complete A or B below, as applicable:) _ A.The principal place of business of our company is in the State of Non-resident bidders in the State of , our principal place of business, �'j are required to be percent lower than resident bidders by state law. L1 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. � Receipt is acknowledged of the Addendum No. 1 (Initiais � Addendum No. 2 (Initials Addendum No. 3 (Initials � / ATTEST: O � ��j� �� l - � �aM�4 5 �. ST/F/= 0 � � L�J L�J C�J � (SEAL) If Bidder is Corporatior� Date: o�UG y �d�,, /�! 1r%� � � lowing addenda: � �a�/y�' �Iooc,�oN�► ll�a4 � � �(%f A/�l�nlON�''/ /y �5 � � 7/a6/y9 � �//y'y' �/y�/�y' Respectfully submitted, By: eJbG. �-- • �?'�i5 o N� • .�---f� %�'� Title: �� S� Dt i►l 7- Address: 1 1 ( � �w �p + �+ • ► �(�1.. �T �- � d � q, �ou��oN. � '1�1n�5 Telephone: o� b i° ` e,� �% 5-P ��% bQ : . � l� EQUIPMENT DATA FORM a Each Bidder shall enter in the spaces provided the names of the manufacturers or suppliers of equipment, and descriptive and engineering data for equipments which he proposes to furnish. Four copies of each item to be attached to each Proposal shall be provided. Upon award of a Q contract, the named equipment or mate�ials shall be furnished. Substitutions will be permitted only if named equipment does not meet the specification or the manufacturer is unable to meet delivery requirements. ` l�J l� � l�l � � � � lJ � L�I � � � Preliminary acceptance of equipment listed by manufacturer's name shall not in any way constitute a waiver of he specifications covering such equipment; final acceptance will be based on full confor�ity with the specifications covering the equipment. Failure to fumish all information requested in the Questionnaire may be cause for rejection of the proposal. Pumps 1. 2. 3. 4. 5. fi. 7. 8. 9. 10. 11. Name of manufacturer. Type, designation, and size. Complete pump performance curves including bowl and pump efficiency, brake horsepower, and NPSHR. Max power required at any point in the operating head range. Pump speed. Impeller material. Bowl liner material. Assembly cross section drawing of pump. Nominal lineshaft diameter. Layout drawing with overall dimension pumping unit. Net weight of pumping unit, including subbase. ��xC�SS (�U �.1D �� r- - I 5-�a�� v Attach to Bid. �.0 3 �� 38 ��- � '71 d RP�1 �1'�i1� . ��' �"� ��r�c�n�e ; �4-� �}'� v Attach to Bid. �-%�" Attach to Bid. �, �� lJ� �• . � I� � � � � � � I I I I � � I � '. � 1 L� � Motor 1. Name of manufacturer. 2. Type and model. 3. Enclosure type. 4. Rated capacity, hp. 5. Full load rotative speed. 6. Motor efficiency at full load and 3/4 load. 7. Thrust bearing type and size. 8. Net weight. 9. Layout drawing. - � n har.� -�tduc��n �1/��rca� �llo��'�f �G.�,�� 1 2b0 W� l- l5� �• F , `7/Q R P�. • � b � � /0 S�her��G ��Dl�.l� • .F ...��;�� 5 �-. Attach to Bid. 10. PerFormance curves speed, Attach to Bid. efficiency, power factor, and current vs percent load. AFD 1. Type. 2. Model. 3. Name of Manufacturer. 4. Weight. 5. Dimensions. 6. Efficiency at full load. w / W� T� -�5�� T , l� ��,lSe ��,b�c�� .��h5. ea . l�� "y x �8''Gc� X ��' J � . , �5 � � � � � , � � ' � PART C �- GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS � � � ' ' �.� A � � � � � � I � � � � � � � �' I � �' I' '� � B&V - PROC. � 030178 GENERAL CONDITIOlYS FOR PROCUREMENT CONTRACTS BLACK & VEATCH , � These General Conditions have been adapfed from Standard General Conditions of the Contract, NSPE Form 1910-8. � Article Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS !G B&V - PROC. 030178 TABLE OF CONTENTS OF GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS Title DEFINITIONS PRELIMINARY MATTERS CORRELATION, INTERPRETATION, AND INTENT OF CONTRACT DOCUMENTS BONDS CONTRACTOR'S RESPONSIBILITIES WORK BY OTHERS OWNER'S RESPONSIBILITIES ENGINEER'S STATUS CHANGES IN THE WORK CHANGE OF CONTRACT PRICE CHANGE OF CONTRACT TIME WARRANTY AND GUARANTEE; TESTS AND INSPECTION; CORRECTION OR ACCEPTANCE OF DEFECTIVE WORK PAYMENTS AND COMPLETION DELAY OR CANCELLATION OF WORK, AND TERMINATION ARBITR.ATION MISCELLANEOUS -2- � � � � � � � � � � � � � � � � � � � � INDEX TO GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS Access to Work Addenda - de�nition of (see definition of Specifications) Agreement, Execution of Application for Payment - Definition of Application for Payment, Final Application for Payment, Review of Application for Progress Payment Arbitration - in general Awazd - Notice of - defined Before Starting Work Bid - definition of Bidder - definition of Bonds - in general Bonds - definition of Bonds, Delivery of Bonds, Performance and Payment Change Order - definition of Changes in the Work Claims, Waiver of Clarifications and Interpretations Completion, Payments and Contract Documents - definition of Contract Price, Change of Contract Price - definition of Contract Time, Change of Contract Time - Commencement of Contract Time - definition of Contractor - definition of Contractor May Stop Work or Terminate Contractor, Neglected Work by Contractor's Continuing Obligation Contractor's Pre-Start Representations Contractor's Responsibilities - in general Contractor's Warranty of Title Copies of Documents Correction of Defective Work Correction Period Correction or Acceptance of Defective Work - in general Correlation, Interpretation and Intent of Contract Documents B&V - PROC. 030178 -3 - F � a P Article or Pa�•agraph Number 12.5 1 2.1 1 13.6 13.3 thru 13.5.� 13.1 15 1 2.7 1 4 2.2 4.1, 4.2 1 9 13.10 thru 13.10.2 8.2 13 10 1 11 2.5 1 1 14.5 12.10 13.9 2.4 5 13.2 2.3 12.7 12.8 12 "t3 Day - definition or Defective Work, Acceptance of Defective Work, Correction of Defective Work - definition of Defective Work, Rejecting Definitions Delay or Cancellation of Work, and Termination Delivery of Bonds Disagreements, Decisions by Engineer Documents, Copies of Drawings - definition of Engineer - de�nition of Engineer's Responsibilities, Limitations on Engineer's Status - in general E�ecution of Agreement Final Application for Payment Final Payment General - Miscellaneous Provisions Giving Notice Guarantee, Warranty and Indemnification Inspection, Tests and Interpretations and Clarifications Labor, Materials and Equipment Limitations on Engineer's Responsibilities Local Conditions - Contractor's familiarity with Materials and Equipment - fumished by Contractor Miscellaneous Modi�cation - definition of Neglected Work by Contractor Notice, Giving of Notice of Award - defmition of Notice to Proceed - definition of Notice to Proceed - giving of O�vner - definition of Owner May Stop the Work Owner May Delay Shipment.or Cancel Work, . Terminate � O�vner's Representative - Engineer to serve as Owner's Responsibilities - in general B&V - PROC. 030178 � -4- 1 12.9 12.7 8.3 8.3 1 14 2.2 8.4, 8.5 2.3 1 1 8.6 thru 8.8 8 2.1 13.6 13.7 16.3 thru 16.6 16.1 12.1 5.6 thru 5.8 12.2 thru 12.4 8.2 5.1 thru 5.3 8.6 thru 8.8 2.4 5.1 16 1 12.10 16.1 1 1 2.5 1 12.6 14.1 thru 14.4 8.1 7 � � � � � � � � � � � � � � � � l�! I�J Patent Fees and Royalties Payment, Review of Application for Payments and Completion - in general Performance and Payment Bonds Price - Change of Contract Price - Contract - defmition of Progress Payment, Application for Rejecting Defective Work Responsibilities, Contractor's Responsibilities, Owner's Royalties, Patent Fees and Shop Drawings - definition of Speci�cations - definitions of Stazting Work, Before Stopping Work - by Contractor Stopping Work - by Owner Surety - consent to payment Surery - qualification of Taxes Termination - by Contractor Termination - by Owner Termination, Delay and Cancellation of Work; and Tests and Inspections Time, Change of Contract Time, Computation of Time, Contract - det"inition of Waiver of Claims Warranty and Guarantee - by Contractor Warranty of Title, Contractor's Work, Access to Work by Others - in general Work - definition of Work, Neglected by Contractor Work; Stazting Work, Stopping by Contractor Work, Stopping by Owner �� Y� �, � 5.4 13.3 thru 13.5.5 13 4.1 thru 4.2 10 1 13.1 8.3 7 5,4 1 1 2.7 14.6 I2.6 13.6 thru 13.7 4,1, 4.2 5.5 14.6 143 thru 14.4 14 12.2 thru 12.3 11 162 1 13.10 thru 13.10.2 � 12.1 13.2 ' 12.5 6 1 , 12.10 2.6 ` 14.6 14.1 thru 14.5 � B&V - PROC. 030178 _5_ GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS ARTICLE 1 - DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the follo�ving terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda - Written or graphic instruments issued pri�r to the execution of the Agreement �vhich modify or interpret the bidding documents, including drawings and speci�cations by additions, deletions, clarifications, or correcrions. Addenda will become part of the Contract Documents when the Agreement is executed. . Application for Pay�nent - The form used by CONTRACTOR in requesting payments, including aacompanying documentation required by Contract Documents. Bid - The offer or proposal or the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bidder - Any person, firm, or corporation submitting a Bid for the Work. Bonds - Bid, performance, and payment bonds and other instruments of security, furnished by CONTRACTOR and his surety in accordance with the Contract Documents. Change Order - A �vritten order to CONTRACTOR signed by OWNER authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. Contract Documents - The Agreement, Addenda (�vhether issued prior to the opening of Bids or the execution of the Agreement), Invitation to Bid, Instructions to Bidders, CONTRACTOR's Bid, the Bonds, the Notice of Awazd, the Notice to Proceed, these General Conditions; the Supplementary Conditions, the Specifications, Dra�vings, and Modif'ications. Contract Price - The total moneys payable to CONTRACTOR under the Contract Documents. Contract Time - The number of days stated in the Agreement for the completion of the Work; computed as provided in these General Conditions; or the date set forth in the Agreement. CONTRACTOR - The person, firm, or corporation with �vhom OWNER has executed the Agreement. Day - A calendaz day of twenty-four hours measured from midnight to the next midnight. B&V - PROC. 030178 _6_ � � � L�J � I� I� Drawings - The drawings �vhich show the character and scope or the Work to be performed and �vhich have been prepared or accepted by ENGINEER and are referred to in the Contract Documents. zk ENGINEER - The person, firm, or corporation named by the OWNER, or the duly authorized agents of ENGINEER, acting within the scope of the duties entrusted to them. Modification -(a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or inteipretation issued by ENGINEER, or (d) a �vritten order for a minor change or alteration in the Work issued by ENGINEER. A Modif'ication may only be issued after execution of the Agreement. Notice of Award - The �vritten notice by OWNER to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, OWNER tvill execute and deliver the Agreement to him. ' Notice to Proceed - A �vritten notice given by OWNER to CONTRACTOR (�vith a copy to � ENGINEER) fixing the date on which the Contract Time will commence to run and on �vhich CONTRACTOR shall start to perform his obligations under the Contract Documents. L�!J �I � OWNER - A public body or authority, corporation, association, partnership, or individual for whom the Work is to be performed. Shop Drawings - All dra�vings, diagrams, illustrations, brochures, schedules, and other data �vhich are prepared by CONTRACTOR, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the Work. Specifications - Those portions of the Contract Documents consisting of �vritten technical a descriptions of materials, equipment, construction systems, standards, and ��orkmanship as applied to the Work. I�� L�� l�l Work - Any and all obligations, duties, and responsibilities assigned to or undertaken by CONTRACTOR under the Contract Documents. �. As ordered, as directed, as required, as perinitted, as allowed -"The order, directions, requirement, permission, or allo�r•ance of OWNER or ENGINEER is intended on13- to the eatent of judging compliance �vith the Contract Documents. The terms do not imply that OWNER or ENGINEER has any authority or responsibility for supervision of CONTRACTOR's forces or operations, such supervision and the sole responsibility therefor being stzictly reserved for CONTRACTOR. Reasonable, suitable, acceptable, proper, satisfacto�y - The terms reasonable, suitable, a acceptable, proper, and satisfactory mean such to OWNER or ENGINEER and are intended only to the extent of judging compliance �vith the Contract Documents. � � B&V - PROC. 030178 _�_ Understood and agreed - Whenever in these Contract Documents the expression "it is understood and agreed" or an expression of like import is used, such expression means the ' mutual understanding and agreement of the pazties executing the Agreement. � ARTICLE 2 - PRELIMINARY MATTERS Execution of Agreement: 2.1. The Agreement and other Contract Documents tivill be e�ecuted as set forth in Supplementary Conditions. Delivery of Bonds: 2.2. When he delivers the executed Agreements to OWNER, CONTR.ACTOR shall also deliver to OWNER such Bonds as he may be required to fumish. Copies of Documents: 2.3. OWNER shall fumish to CONTRACTOR the number of copies of the Contract Documents set forth in Instructions to Bidders. Contractor's Pre-Start Representations: 2.4. CONTR.ACTOR represents that he has familiazized himself �vith, and assumes full responsibility for having familiarized himself with, the nature and eatent of the Contract Documents, Work, and with all local conditions and federal, state, and local la��s, ordinances, rules, and regulations that may in any manner affect performance of the Work, and represents that he has correlated his study and observations tivith the requirements of the Contract Documents. Commencement of Contract Time; Notice to Proceed: 2.5. The Contract Time will commence to run on the thirtieth day after the day on �vhich the executed Agreement is delivered by OWNER to CONTRACTOR; or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed; but in no event shall the Contract Time commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the day on tivhich OWNER delivers the eaecuted Agreement to CONTRACTOR. A Notice to Proceed may be given at any time within thirty days after the day on which OWNER delivers the executed Agreement to CONTRACTOR. Starting the Work: 2.6. CONTRACTOR shall start to perform his obligations under the Contract Documents on the date when the Contract Time commences to run. B&V - PROC. 030178 _g_ L�l � Befo��e Starting Work: 2.7. Before undertal:ing each part of the Work, CONTRACTOR shall carefully study Qand compare the Contract Documents and check and verify pertinent �gures sho�vn thereon. He shall at once report in �vriting to ENGINEER any conflict, error; or discrepancy �vhich he � may discover; ho�vever, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, enor, or discrepancy in the Dra�vings or Specif'ications. L�l ARTICLE 3- CORRELATION; INTERPRETATION, AND INTENT OF CONTRACT DOCUMENTS Q 3.1. It is the intent of the Specifications and Drawings to describe the Work to be performed. The Contract Documents comprise the entire Agreement`bettveen OWNER and CONTRACTOR. They may be altered only by a modification. . I'�I �� u � ��I U � i�� L� � l�l l�l � 3.2. The Contract Documents are complementary; �vhat.is called for by one is as binding as if called for by all. If CONTRACTOR fmds a conflict, error, or discrepanc}� in the Contract Documents, he shall call it to ENGINEER's attention in �vriting at once and before proceeding with the Work affected thereby; however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, eiror, or discrepancy in the Specifications or Drativings. Any Work that may reasonably be infened from the Specifications or Drawings as being required to produce the intended result shall be supplied �vhether or not it is specifically called for. Work, materials, or equipment described in��vords which so applied have a well-kno�vn technical or trade meaning shall be deemed to refer to such recognized standards. � ARTICLE 4 - BONDS Performance and Payment Bonds: 4.1. CONTRACTOR shall furnish a performance Bond as securiry for the faithful performance and payment of all his obligations under the Contract Documents. The performance Bond shall be in an amount at least equal to the Contract Price. The Bond shall be ehecuted on the form (when provided) included in the Contract Documents and tvith such sureties as aze licensed to conduct business in the state tivhere the Project is located and are named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. The surety shall have an "A" minimum rating of performance and a financial rating strength of fve times the Contract Price, all as stated in current "Best's Key Rating Guide, Property-Liability". The Bond shall be accompanied by a"Po�v,er of Attorney" authorizing the attorney-in-fact to bind the surety and certif'ied to include the date of the Bond. 4.2. If the surety on any Bond furnished by CONTRACTOR is declazed a bankrupt or becomes insolvent or its right to do business in any state where any part of the Project is located is revoked, CONTR.ACTOR shall within �ve days thereafter substitute another Bond and surery, both of �vhich shall be acceptable to OWNER. � B&V - PROC. 030178 _g_ ARTICLE 5 - CONTRACTOR'S RESPONSIBILITIES Labor, Materials, and Equipment.• 5.1. CONTRACTOR shall furnish all materials, equipment, labor, transportation, tools, appliances, fuel, power, and all other facilities and incidentals necessary for completion of the Work. 5.2. All materials and equipment shall be ne�v, except as otherwise provided in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 5.3. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as othenvise provided in the Contract Documents. Patent Fees and Royalties: 5.4. CONTRACTOR sha11 pay all license fees and royalties and assume all costs �„- incident to the use in the performance of the Work of any invention, design; process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invenrion, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either or them from and against all claims, damages, losses, and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product; or device not specified in the Contract Documents, and shall defend all such claims in connection �vith any alleged infringement of such rights. Taxes: 5.5. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by him in accordance with the law of the place �vhere the Work is to be performed. Indemnification: 5.6. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all claims, damages, losses, and eapenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, B&V - PROC. 030178 . -10- L"f � sickness, disease; or death, or to injtuy to or destruction or tangible property (other than the Work itself� including the loss of use resulting therefrom and (b) is caused in �vhole or in part by any negligent act or omission of CONTRACTOR, anyone directly or indirectly employed Q by CONTRACTOR or anyone for �vhose acts CONTRACTOR may be liable, regazdless of whether or not it is caused in part by a party indemnified hereunder. � l�l [*I � u � � � 5.7. In any and all claims against OWNER or ENGiNEER or any of their agents or employees by any employee of CONTRACTOR, anyone directly or indirectlS� employed by CONTRACTOR or anyone for �vhose acts CONTRACTOR may be liable, the indemnifcation obligation shall not be limited in any way by any limitarion on the amount or type of damages, compensation, or benefits payable by or for CONTR.ACTOR under �vorkmen's compensation acts, disability benefit acts or other emplo��ee benefit acts. 5.8. The indemnification obligations of CONTRACTOR'shall not e�:tend to the liability of ENGINEER, his agents or employees arising out of (a) the prepazation of dra��ings; opinions, reports, Change Orders, designs, or specifications or (b) the giving of or the failure to give directions or instructions by ENGINEER, his agents or employees, providing such giving or failure to give is the primary cause of injury or damage. ARTICLE 6- WORK BY OTHERS 6.1. OWNER may perform related work or he may let other direct contracts therefor which sha11 contain General Conditions similar to these. CONTRACTOR shall, upon request, provide the other contractors who are parties to such direct contracts (or OWNER if he is performing the additional work himselfl, necessary data and details pertaining to his Work, and shall properly coordinate his Work tivith theirs. 6.2. If any part of CONTRACTOR's Work depends for proper execution or results � upon the �vork of any such other contractor (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in �vriting any defects or deficiencies in such work that render it unsuitable for such proper execution and results. His failure so to report shall constitute an � acceptance of the other work as fit and proper for the relationship of his Work except as to defects and deficiencies which may appear in the other �vork after the execution of his Work. � ��J � u � ARTICLE 7 - OWNER'S RESPONSIBILITIES 7.1. OWNER shall issue all communications to CONTRACTOR through ENGINEER. 7.2. OWNER shall furnish the data required of him under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due. � B&V - PROC. 030178 -11- 7.3. In addition to his rights to request changes in the Work, OWNER shall be obligated to execute Change Orders. ARTICLE 8 - ENGINEER'S STATUS Owner's Rep�•esentatives: 8.1. ENGINEER will be OWNER's representative. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative are set forth in these General Conditions and shall not be extended without �vritten consent of OWNER and ENGINEER. Clarifications and Interpretations: 8.2. ENGINEER tivill issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drativings or othenvise) as he ma}� determine necessary, which shall be consistent �vith or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clazi�cation and interpretation entitles him to an increase in the Contract Price, he may make a claim therefor. Rejecting Defective Work: � 8.3. ENGINEER �vill have authoriiy to reject Work which is "defective" (�vhich term is hereinafter used to describe Work that is unsatisfactory, faulty, or defecrive; or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test, or approval referred to in the Specifications, or has been damaged prior to ENGINEER's recommendation of final payment). He will also have authority to require special inspection or testing of the Work �vhether or not the Work is fabricated, installed, or completed. Decisions on Disagreements: 8.4. ENGINEER will be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. In his capacity as interpreter and judge he �vill exercise his best efforts to insure faithful performance by both OWNER and CONTRACTOR. He will not sho�v partiality to either and �� ill not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes, and other matters relating to the execution and progress of the Work or the interpretation of or performance under the Contract Documents shall be refened to ENGINEER for decision, which he �vill render in �vriring within a reasonable time. 8.�. Either OWNER or CONTRACTOR may request arbitration �vith respect to any such claim, dispute, or other matter that has been refened to ENGINEER, except any ��hich have been waived by the making or acceptance of final payment, such arbitration to be in accordance with these General Conditions and Supplementary Conditions. �: �: B&V - PROC. 030178 _12_ i� 0 � l�J I�l '�� a l�J � u l!� � � Limitations on ENGINEER's Responsibilities: 8.6. Neither ENGINEER's authority to act under this article or elsewhere in the Contract Documents nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any materialman, fabricator, supplier, or any of their agents or employees or any other person performing any of the Work. 8.7. ENGINEER �vill not be responsible for CONTRACT�R's means, methods, techniques, sequences, or procedures, or the safety precautions incident thereto, and he will not be responsible for CONTRACTOR's failure to perform the Work in accordance �vith the Contract Documents. 8.8. ENGINEER �vill not be responsible for the acts or omissions of CONTRACTOR, or any of his or their agents or employees or any other persons other�vise performing any of the Work. ARTICLE 9- CHANGES IN THE WORK 9.1. Without invalidating the Agreement; OWNER may, at an5• time or from time to time, order additions, deletions, or revisions in the Work; these �vill be authorized by Change Orders. Upon receipt of a Change Order, CONTRACTOR shall proceed �vith the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an e�tension or shortening of the Contract Time, an equitable adjushnent �vill be made as provided in these General Conditions on the basis of a claim made by either party. .� 9.2. ENGINEER may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent �vith the overall intent of the Contract Documents. If CONTRACTOR believes that any minor change or alteration authorized by ENGINEER entitles him to an increase in the Contract Price, he may make a claim therefor. 9.3. Additional Work performed by CONTRACTOR without authorization of a Change Order �vill not entitle him to an increase in the Contract Price or an eatension of the Contract Time. except as othenvise provided herein. � ,`p 9.4. OWNER shall eaecute appropriate Change Orders �prepared by ENGINEER � covering changes in the Work to be performed as provided herein and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price �vhich is confirmed by ENGINEER. { I�l � 9.5. It is CONTRACTOR's responsibility to notify his..Surety of any changes affecting the general scope of the Work or change in the Contract Price, and the amount of the applicable Bonds shall be adjusted accordingly. n B&V - PROC. �� 030178 -13- i..1 ARTICLE 10 - CHANGE OF CONTRACT PRICE ..y 10.1. The Contract Price constitutes the total compensation payable to CONTRACTOR :�r for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken --- by CONTRACTOR shall be at his expense without change in the Contract Price. 10.2. The Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim �vith supporting data shall be delivered within forty-five days of such occurrence unless ENGINEER allows an additional period of time to ascertain accurate cost data. All claims for adjustments in the Contract Price shall be determined by ENGINEER if OWNER and CONTRACTOR cannot othen�ise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. 10.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following «ays: 103.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. 10.3.2. By mutual acceptance of a lump sum. ARTICLE 11 - CHANGE OF CONTRACT TIME 11.1. The Contract Time may only be changed by a Change Order. Any claim for an eatension in the Contract Time shall be based on �vritten notice delivered to OWNER and ENGINEER cvithin fifteen days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim �vith supporting data shall be delivered tvithin forty-five days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data. All claims for adjustment in the Contract Time shall be determined by ENGINEER if OWNER and CONTRACTOR cannot othenvise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 11.2. The Contract Time tvill be e�tended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if he makes a claim therefor as provided in the preceding paragraph. Such delays shall include, but not be restricted to, acts or neglect by any separate contractor employed by OWNER, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. B&V - PROC. 030178 -14- L�"i I� � �� 11.3. All time limits stated in the Contract Documents aze of the essence of the Agreement. The provisions of this article shall not exclude recovery for damages (including compensation for additional professional services) for delay by eitlier party. ARTICLE 19 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION OR ACCEPTANCE OF DEFECTIVE WORK War��anty and Guarantee: 12.1. CONTRACTOR warrants and guazantees to OWNEl� and ENGINEER that all � materials and equipment will be ne�v unless other�vise specified at�d that all Work �vill be of good quality and free from faults or defects and in accordance �vith the requirements of the Contract Documents and of any inspections, tests, or approvals referred to in the Tests and � Inspection paragraph. All unsatisfactory Work, all faulty or defective Work, and all Work not conforming to the requirements of the Contract Documents at the time of acceptance thereof or of such inspections, tests, or approvals, shall be considered defective. Prompt notice of all adefects shall be given to CONTR.ACTOR. All defective Work may be rejected, corrected, or accepted as provided in this article. �� l�l � fsl Ll � iJ Tests and Inspections: 12.2. If the Contract Documents, la�vs, ordinances, rules, �regulations, or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested; or approved by some public body, CONTRACTOR shall assume full responsibility therefor; pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing, or approval. All other inspections, tests, and approvals required b�• the Contract Documents shall be performed by organizations acceptable to OWNER and CONTRACTOR and the costs thereof shall be borne by OWNER unless othenvise spec�ed. 12.3. CONTRACTOR shall give ENGINEER �timely notice of readiness of the Work for all inspections or tests requiring observation by ENGINEER or OWNER. 12.4. Neither observations by ENGINEER nor inspections, tests, or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the requirements of the Contract Documents. Access to Work: � 12.5, If the Contract Documents require any Work to specifically be inspected, tested; or observed by ENGINEER or OWNER, ENGINEER and his representarives and other representatives of OWNER shall at reasonable times have access to the Work. CONTRACTOR Q shall provide proper and safe facilities for such access and observation of the Work and also for any inspection or testing thereof by others. _■_I � B&V - PROC. 030178 -15- � Owner May Stop the Work: 12.6. If the Work is defective, or CONTRACTOR fails to supply suitable materials or � equipment, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until • the cause for such order has been eliminated; hocvever, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction of Defective Work: 12.7. If required by ENGINEER prior to his recommendation of iinal paS�ment; CONTRACTOR shall promptly, �vithout cost to OWNER and as speciiied by ENGINEER, either correct any defecrive Work, or, if the Work has been rejected by ENGINEER; replace it with nondefective Work. If CONTRACTOR does not correct such defective Work or replace such rejected Work within a reasonable time, all as specified in a written notice from ENGINEER, OWNER may have the deficiency corrected or the rejected Work replaced. All direct or indirect costs of such correction or replacement, including compensation for additional professional services, shall be paid by CONTRACTOR, and an appropriate deductive Change Order shall be issued. CONTRACTOR shall also bear the e�:penses of making good all Work of others destroyed or damaged by his correction or replacement of his defective Work. Correction Period: 12.8. If, prior to the expiration of one yeaz after the date of final acceptance of the Work (as provided in Supplementary Conditions) or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly; �vithout cost to OWNER and in accordance with OWNER's written instructions, either conect such defective Work or, if it has been rejected by OWNER, replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER ma�� have the defecrive Work conected or the rejected Work removed and replaced; and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. Acceptance of Defective Work: 12.9. If, instead of requiring correction or replacement of defective Work, OWNER (and, prior to �nal payment, also ENGINEER) prefers to accept it, he may do so. In such case, if acceptance occurs prior to fmal payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price; or, if the acceptance occurs after final payment, an appropriate amount shall be paid by CONTRACTOR to OWNER. B&V - PROC. 030178 -16- � � � � � � � � � a � � . � � � ... � .. �r a � '� �� i� l■ � � f�l L�I � Neglected Work by Contractor: 12.10. If CONTRACTOR should fail to prosecute the Work in accordance �vith the Contract Documents. OWNER after seven days written notice to CONTRACTOR may, without prejudice to any other remedy he may have, make good such deficiencies and the cost thereof (including compensation for addirional professional services) shall be charged against CONTRACTOR if ENGINEER agrees with such action, in which case a Change Order shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price. If the payments then,or thereafter due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER. ARTICLE 13 - PAYMENTS AND COMPLETION Application for Progress Payment: 13.1. On or before the first day of each month, CONTR.�CTOR shall submit to ENGINEER for revie�v an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such data and schedules as ENGINEER may reasonably require. Contractor's Warranty of Title: 13.2. CONTRACTOR �varrants and guazantees that title to all Work, materials, and � equipment covered by an3� Application for Payment, whether delivered or not, �vill pass to OWNER at the time of payment free and clear of all liens, claims, securiry interests and encumbrances (hereafter in these General Conditions refened to as "Liens"). �! � I� L�I l�l I� �J Review of Application for Payment: 133. ENGINEER �vill, �vithin ten days after receipt of each Application for Pa}�ment, either recommend payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in �vriting his reasons for refusi�g to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. OWNER shall, �vithin ten days of presentation to him of an Application for Payment, pay CONTRACTOR the amount recommended by ENGINEER. 13.4. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by hun to OWNER, based on ENGINEER's revie�v of the Application for Payment and the accompanying data, that the Work has progressed to the point indicated; that, to the best of his knowledge, informatio�i and belief, the qualitc� of the Work is in accordance with the Contract Documents (subject to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his recommendation); and that CONTRACTOR is entitled to pay�nent of the amount indicated. n B&V - PROC. u 030178 -17- However, by recommending any such payment, ENGINEER �vill not thereby be deemed to have represented that he made e�haustive or continuous inspections to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences, and procedures of manufacture, or that he has made any examination to ascertain how or for �vhat purpose CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or that ritle to any Work, materials, or equipment has passed to OWNER free and cleaz of any Liens. 13.5. ENGINEER may refuse to recommend the whole or any part of any payment if, in his opinion, it would be incorrect to make such representations to OWNER. He ma3� also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in his opinion to protect OWNER from loss because: 13.5.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 13.5.2. claims or Liens have been filed or there is reasonable cause to believe such may be iiled, 13.5.3. the Contract Price has been reduced� because of modif"ications, 13.5.4. OWNER has been required to correct defective Work or complete the Work in accordance with paragraph 12.9, or 13.5.5. of unsatisfactory prosecution of the Work, including failure to fumish acceptable submittals. Application fo�� Final Pay�nent: 13.6. Upon written norice from ENGINEER that Work is completed and acceptable as provided in Supplementary Conditions, CONTRACTOR shall make application for final payment following the procedure for progress payments. The final Application for Pa��ment shall be accompan�ed by all other documentation called for in the Contract Documents and such other data and schedules as ENGINEER may reasonablS� require. Fina! Payment: r� 13.7. If, on the basis of his revie�v of the iinal Application for Payment, ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all of his obligations under the Contract Documents, he �vill, within ten days after receipt of the final Application for Payment, indicate in writing his recommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER �vill give written notice to w,,. OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of the paragraph regarding waiver of claims. Otherwise, he tvill return the Application to B&V - PROC. 030178 _1�_ L�l � CONTRACTOR, indicating in �vriting his reasons for refusing to recommend final pa�•ment, in tivhich case CONTRACTOR shall make the necessary corrections and resubmit the Application. OWNER shall, �vithin ten days (or longer period stateii in Supplementan• � Conditions) of presentation to him of the final Application for Payment, pay CONTRACTOR the amount indicated. � � � f!J � I�I !�J 13.10. The making and acceptance of final payment shall constitute: 13.10.1. a waiver of all claims by OWNER against CONTRACTOR other than those � arising from unsettled Liens; from defective �vork appearing after final inspection or from failure to comply �vith the requirements of the Contract Documents or the terms of an�• special guazantees specified therein, and u � I� 13.8. ENGINEER's recommendation of final payment will constitute an additional representation by him to OWNER that the conditions precedent to CONTRACTOR's being enritled to final payment have been fulfilled. G Contractor's Continuing Obligation: 13.9. CONTRACTOR's obligation to penform tiie Work in accordance �vith the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any correction of defective �vork b�• OWNER shall constitute an acceptance or Work not in accordance with the Contract Documents. , Waiver of Claims: 13.10.2. a �vaiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 14 - DELAY OR CANCELLATION OF WORK, AND TERMINATION OYVNER May Delay Shipment: � � 14.1. OWNER reserves the right to order CONTRACTOR to delay shipment of equipment and materials herein contracted. In the event such a delay is ordered by OWNER or ENGINEER in writing, OWNER �vill pay to CONTRACTOR a reasonable amount for the � extra costs incurred by CONTRACTOR as a result of the delay. Such e�:tra costs shall include storage charges, insurance, and transportation to the storage f�cility. �� Owner May Cancel: 14.2. OWNER reserves the right to cancel the unshipped portion of the Work. In the event of cancellarion, OWNER tivill pay to CONTRACTOR reasonable cancellation charges. � B&V - PROC. 030178 -19- Owner May Ter»tinate: 14.3. If CONTRACTOR is adjudged a bankrupt or insolvent, or if he makes a general �': assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar la�vs, or if he repeatedly fails to supply suitable materials or equipment, or if he repeatedly fails to make prompt payments for labor, materials, or equipment, or if he disregards laws, ordinances, rules, regulations; or orders of any public body having jurisdiction, or if he disregards the authority of the ENGINEER, or if he otherwise violates an5� provision of the Contract Documents, then OWNER may; without prejudice to any other right or remedy and after giving CONTRACTOR and his Surett� seven days �vritten norice, terminate the services of CONTRACTOR and take possession of all on-site materials, equipment, tools, construction equipment and machinery o«ned by CONTRACTOR, and finish the Work by whatever method he may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to CONTRACTOR. If such costs exceed such unpaid balance; CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER shall be incorporated in a Change Order. 14.4. Where CONTRACTOR's services have been so terminated by OWNER; said termination shall not affect any rights of OWNER against CONTRACTOR then e�isting or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR �vill not release CONTRACTOR from liability. Contractor {May Stop Work or Terminate: 14.5. If, through no act or fault of CONTRACTOR, ENGINEER fails to act on any Application for Payment within thirly days after it is submitted, or OWNER fails to pay CONTRACTOR any sum recommended by ENGINEER or a�vazded by arbitrators tvithin thirty days of its approval and presentation, then CONTRACTOR may, upon seven days «ritten notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus a reasonable profit. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, CONTRACTOR ma}� upon seven days notice to OWNER and ENGINEER stop the Work until he has been paid all amounts then due. ARTICLE 15 - ARBITRATION 15.1. Except as othenvise required by the Supplementary Conditions, all claims, disputes, and other matters in question arising out of, or relating to, this Agreement or the breach thereof except for claims which have been waived by the making or acceptance of final payment, shall be decided by arbitration in accordance with the Construction Industn- B&V - PROC. 030178 _20_ � 0 L�J Arbitration Rules of the American Arbitration Association then obtaining. This agreement so to arbitrate shall be specifically enforceable under the prevailing arbitiation la�v. The a�vard rendered by the arbitrators shall be fmal, and judgment may be entered upon it in any court having jurisdiction thereof. +� � 15.2. Notice of the demand for arbitration shall be filed in �vriting with the other party to the Agreement and with the American Arbitration Association, and a copy shall be filed with ENGINEER. The demand for azbitration shall be made �vithin thirty days after �I � I�J L■J � � I!� L�J L+�I 4J � � � u ENGINEER has rendered his decision �vhere applicable, and in alI other cases �vithin a reasonable rime after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question �vould be barred by the applicable statute of limitations. 15.3. CONTRACTOR shall carry on the Work and maintain the progress schedule during any arbitration proceedings, unless otherwise agreed by him and OWNER in «•riting. ARTICLE 16 - MISCELLANEOUS Giving Notice: 16.1. Whenever any provision of the Contract Documents requires the giving of ��ritten notice it shall be deemed to have been validly given if delivered in person to the indi��idual or to a member of the �rm or to an officer of the corporation for �v�iom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address kno�vn to him who gives the notice. Computation of Time: 16.2. When any period of time is referred to in the Contract Documents by da�•s; it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday b3l the law of the applicable jurisdiction, such day shall be omitted from the computation. General: 16.3. All Specifications, Drawings, and copies thereof fumished by ENGINEER shall remain his property. They shall not be used for other work, and, with the exception of those sets which have been signed in connection with the execution of the Agreement, shall be returned to him on request upon completion of the Work. � B&V - PROC. 030178 _21_ 16.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the �varranties; guarantees and obligations imposed upon CONTR.ACTOR and the rights and remedies available to OWNER and ENGINEER hereunder shall be in addition to, and shall not be construed in any �vay as a limitation of, any rights and remedies available to them ti�hich are othenvise imposed or available by law, by special guarantee or by other provisions of the Contract Documents. 16.5. Should OWNER or CONTRACTOR suffer injury or damage to his person or property because of any enor; omission, or act of the other or of any of his employees or agents or others for whose acts he is legally liable, claim shall be made in �vriting to the other party �vithin a reasonable time of the first observance of such injury or damage. 16.6. The Contract Documents shall be governed by the law of OWNER's domicile. � B&V - PROC. 030178 _22_ 0 PART SC SUPPLEMENTARY CONDITIONS W � ' � 1 ' 1 � � � � � � � � � � � I 1 � � � � � I ' � i� SUPPLEMENTARY CONDITIONS ,! Subiects r SCOPE � F , SC-1. DEFINITIONS SC-2. PRELIMINARY MATTERS , SC-3. CORRELATION, INTERPRETATION, AND INTENT OF CONTRACT DOCUMENTS . �. SC-4. BONDS AND INSURANCE �� SC-5. CONTRACTOR'S RESPONSIBILITIES � SC-6. WORK BY OTHERS - No Modifications SC-7. OWNER'S RESPONSIBILITIES - No Modifications • SC-8. ENGINEER'S STATUS SC-9. CHANGES IN THE WORK - No Modifications SC-10. CHANGE OF CONTRACT PRICE - No Modifications SC-11. CHANGE OF CONTRACT TIME - No Modifications SC-12. WARRANTY AND GUARANTEE; TESTS AND INSPEC�'IONS; CORRECTION OR ACCEPTANCE OF DEFECTIVE WORK SC-13. PAYMENTS AND COMPLETION SC-14. DELAY OR CANCELLATION OF WORK, AND TERMINATION - No Modifications - SC-15. ARBITRATION , SC-16. MISCELLANEOUS (Fort Worth, Texas) (Clear Fork Pump Station) (68�V PN 61796) SC-1 , SUPPLEMENTARY CONDITIONS SCOPE. These Supplementary Conditions amend or supplement the General Conditions and other provisions of the Contract Documents as indicated herein. All provisions which are not so amended or supplemented remain in full force and effect. SC-1. DEFINITIONS. Add the following definitions to Article 1 of the General Conditions: Award - The formal acceptance of the Bid by Owner. Submittals - Shop Drawings, catalog cuts, samples, operating and maintenance instructions, requests, and other documents and items specified to be delivered to Engineer, Owner or Owner's representative. SC-2. PRELIMINARY MATTERS. SC-2.3. Copies of Documents. Delete Paragraph 2.3 of the General Conditions and add the following new paragraph: � 2.3. The Contractor to whom a contract is awarded will be fumished, free of charge, five copies of the Specifications, together with all Addenda thereto. Additional copies of Specifications may be obtained from the office of Black & Veatch at 100 E. 15th Street, Suite 600, Fort Worth, Texas 76102, on the following basis: Each complete set of Specifications $40.00 SC-3. CORRELATION. INTERPRETATION. AND INTENT OF CONTRACT DOCUMENTS. Add the following paragraphs immediately after Paragraph 3.2 of the General Conditions: 3.2.1. The titles or headings of the paragraphs and subparagraphs in the Contract Documents are intended for convenience af reference and shall not be considered as having a bearing on their interpretation. SC-4. BONDS AND INSURANCE. Delete ARTICLE 4, BONDS, of the General Conditions in its entirety, and add the following: ARTICLE 4. BONDS AND INSURANCE. 4.1. Sureties and Insurers: Certificates of Insurance. All Bonds and insurance required by the Contract Documents shall be obtained from surety or insurance companies that are duly licensed or authorized to issue Bonds or insurance policies, for the limits and coverages required, in the State of Texas. (Fort Worth, Texas) (Clear Fork Pump Station) (B8V PN 61796) SC-2 � .� D a � � a � � � � � a � a D a � � � C�� 0 .. Contractor shall deliver to Owner and Engineer, prior to the start of any Work at a the project site, properly completed certificates�of insurance, on the forms included in the Contract Documents, as evidence that the required insurance is in full force and effect. � l� �■1 L�J � u 4.2. Performance Bond. Contractor shall fumish a Pertormance Bond in an amount at least equal to the Contract Price, as security for the faithful pertormance of all Contractor's obligations under the Contract Documents. The Bond shall be in the form prescribed by the Contract Documents and shall be executed by sureties included in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 by the Audit Staff Bureau of Govemment Financial Operations, U.S. Treasury Department, and shall have an A.M. Best rating of not less than A- and an A.M. Best financial size category of not less than VII. The Bond signed by an agent must be accompanied by a certified copy of such agent's authority to act. Only surety companies authorized to do business in and having an agent for services of process in the State of Texas will be acceptable. � � If the Surety on any Bond furnished by Contractor is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is Iocated or it ceases to meet the requirements of the � preceding paragraph, Contractor shall within 10 days thereafter substitute another Bond and Surety, both of which must be acceptable to Owner. 4.3. Contractor's Liabilitv Insurance. Contractor shall purchase and maintain � such liability and other insurance as is appropriate for the Work being performed and fumished. The insurance shall provide protection from claims set forth � herein which may arise out of or result from Contractor's performance and fumishing of the Work and Contractor's other obligations under the Contract Documents, whether it is to be perFormed or furnished by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of athem to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: a. LI' Q � L�J L'' C� c. claims under workers' compensation, disability benefits, and other simifar employee benefit acts; claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employ�es; claims for damages because of bodily injury', sickness or disease, or death of any person other than Contractor's employees; (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) SC-3 d. claims for damages insured by personal injury liability coverage which are sustained: (1) by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or (2) by any other person for any other reason; e. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever Iocated, including loss of use resulting therefrom; and f. claims for damages because of bodity injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. 4.3.1. General Reauirements. The insurance required to be purchased and maintained by Contractor shall: a. include at least the specific coverages and be written for not less than the limits of liability specified herein or required by Laws or Regulations, whichever is greater; b. include completed operations insurance; c. include contractual liability insurance covering Contractor's indemnity obfigations under Paragraphs 5.6 through 5.8 of the General Conditions; d. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 30 days' prior written notice has been given to Owner and Engineer; e. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work; � f. with respect to completed operations insurance, and any other insurance coverage written on a claims-made basis, remain in effect for at least 2 years after final payment (and Contractor shall furnish Owner and Engineer evidence satisfactory to Owner of continuation of such insurance at final payment and 1 year thereafter); g. contain a cross liability or severability of interest clause or endorse- ment. Insurance covering the specified additional insureds shall be primary insurance, and all other insurance caRied by the additional insureds shall be excess insurance; and h. with respect to workers' compensation and employers' liability, comprehensive automobile liability, commercial general liability, and umbrella liability insurance, Contractor shall require its insurance (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) SC-4 i� � [�J � LJ L�J L�J � IiJ � CI '� u �� L�J � � L!' L�I carriers to waive all rights of subrogation against Owner, Engineer, and their respective officers, directors, partners, employees, and agents. t 4.3.2. Workers' Compensation and Emplovers' Liabilitv Insurance. This insurance shall protect Contractor against all claims under applicable state workers' compensation laws, including coverage as necessary for the benefits provided under the United States Longshoremen's and Harbor Workers' Act and the Jones Act. Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. This policy shall include an "all states" or "other states" endorsement. The liability limits shall be not less than: Workers' compensation Statutory Employers' liability $1,000,000 each occurrence 4.3.3. Comprehensive Automobile Liabilitv Insurance. This insurance shall be occurrence type written in comprehensive form and shall protect Contractor, and Owner and Engineer as additional insureds, against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, either on or off the project site whether they are owned, nonowned, or hired. ` The liability limits shall be not less than: Bodily injury and property damage $1,000,000 combined single limit for each occurrence 4.3.4. Commercial General Liabilitv Insurance. This ins�irance shall be occurrence type written in comprehensive form and shall°protect Contractor, and Owner and Engineer as additional insureds, against claims arising from injuries, sickness, disease, or death of any person or damage to property arising out of performance of the Work. The policy shall also include personal injury liability coverage, contractual liability coverage, completed operations and products liability coverage, and coverage for blasting, explosion, collapse of buildings, and damage to underground property. (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) SC-5 The liability limits shall be not less than: Bodily injury and $1,000,000 combined single (imit for property damage each occurrence $1,000,000 general aggregate 4.3.5. Umbrella Liabilitv Insurance. This insurance shall protect Contractor, and Owner and Engineer as additional insureds, against claims in excess of the limits provided under workers' compensation and employers' liability, comprehensive automobile liability, and commercial general liability policies. The umbrella policy shall follow the form of the primary insurance, including the application of the primary limits. The liability limits shall be not less than: Bodily injury and property damage $4,000,000 combined single limit for each occurrence $4,000,000 general aggregate 4.4. Transportation Insurance. Transportation insurance shall be of the "all risks" type and shall protect Contractor and Owner from all insurable risks of physical loss or damage to equipment and materials in transit to the designated location. The coverage amount shall be not less than the full value of items exposed to risk in transit at any one time. Transportation insurance shall provide for losses to be payable to Contractor and Owner as their interests may appear and shall contain a waiver of subrogation rights against the insured parties. For insurance purposes, the risk of loss to equipment and materials shall remain with Contractor until the equipment and materials are accepted by the assignee general construction contractor at the designated location. � Contractor shall submit a copy of the transportation insurance policy to Owner at least 30 days before the scheduled shipping date. The policy shall quote the insuring agreement, shall list all exclusions, and shall state that 30 days' written notice will be given Owner before the policy is changed or canceled. SC-5. CONTRACTOR'S RESPONSIBiLITIES. SC-5.9. AssiQnment of Procurement Contracts. Add the following new paragraph immediately after Paragraph 5.8 of the General Conditions: 5.9. AssiQnment of Procurement Contracts. Following award of the general construction contract, Owner will assign all or part of the procurement contract(s) to the general construction contractor as stipulated in the Contract Attachment A - Agreement. (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) �� a ..,. � � a � � a � � � � � � � a a � a � � � SC-5.10. Substitute and "Or-Eaual" Items. Add the following new paragraph immediately after Paragraph 5.9 of the General Conditions: � 5.10. Substitute and "Or-Equal" Items. Whenever an item of material or equipment is specified or described in the Contract Documents by using the � name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, and quality required. Unless the specification or descnption contains or is followed by words reading � that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer under the following circumstances: � 5.10.1. "Or-Equal": If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to t,�at named and sufficiently similar so that no change in related Work will be required, it may be aconsidered by Engineer as an "or-equal" item, in which case review of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for evaluation of the proposed asubstitute items. R 5.10.2. Substitute Items: If in Engineer's sole discretion an item of material or � equipment proposed by Contractor does not qualify as an ".or-equal" item under Subparagraph 5.10.1, it will be considered a proposed substitute item. � Contractor shall submit sufficient information as provided below to allow Engineer � to determine that the item of material or equipment proposed is essentially equivalent to that named and a substitute therefor. The procedure for review by Engineerwilf include the following as supplemented in Division 1, General � Requirements, and as Engineer may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone Qther than Contractor. � If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall first make written application for evaluation thereof to Engineer, certifying that the proposed substitute will perform adequately the functions and � achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application shall state the extent, if any, to which use of the proposed substitute, will prej- n udice Contractor's achievement of each Milestone on time, whether or not use of �� the substitute in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for work on the � Project) to adapt the design to the proposed substitute, and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute � from that specified shall identified in the application, and available maintenance, repair, and replacement service will be indicated. The application shall also contain an itemized estimate of all costs or credits that will result directly or Q indirectly from use of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered . � by Engineer in evaluating the proposed substitute. Engineer may require O(Fort Worth, Texas) (Clear Fork Pump Station) a(B&V PN 61796) SC-7 Contractor to furnish additional data about the proposed substitute. 5.10.3. Contractor's Expense: All data to be provided by Contractor in support of any proposed "or-equal" or substitute item shall be at Contractor's expense. 5.10.4. Engineer's Evaluation: Engineer shall be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraph 5.10.2. Engineer will be the sole judge of acceptability. No "or-equal" or substitute shall be ordered, installed, or utilized until Engineer's review is complete, which will be evidenced by either a Change Order or completion of the Shop Drawing review procedure. Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any "or equal" or substitute. Engineer will record time required by Engineer and Engineer's Consultants in evaluating substitutes proposed or submitted by Contractor pursuant to Paragraph 5.10.2 and in making changes in the Contract Documents (or in the provisions of any ather direct contract with Owner for work on the Project) occasioned thereby. Regardless of Engineer's decision regarding a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer and Engineer's Consultants for evaluating each such proposed substitute item. SC-6. WORK BY OTHERS. No modifications. SC-7. OWNER'S RESPONSIBILITIES. No modifications. SC-8. ENGINEER'S STATUS. SC-8.5. Decisions an Disaareements. Delete Paragraph 8.5 of the General Conditions in its entirety, and replace with the following: 8.5. Resolution of a disagreement over any decision of Engineer shall be in accordance with the provisions of Article 15 of the General Conditions, as amended by Paragraph SC-15 of the Supplementary Conditions. SC-9. CHANGES IN THE WORK. No modifications. SC-10. CHANGE OF CONTRACT PRICE. No modifications. SC-11. CHANGE OF CONTRACT TIME. No modifications. SC-12. WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS; CORRECTION OR ACCEPTANCE OF DEFECTIVE WORK. SC-12.8. Correction Period. Add the following new paragraph immediatefy after Paragraph 12.8 of the General Conditions: Nothing in this Article 12 conceming the correction period shall establish a period of limitation with respect to any other obligation which Contractor has under the (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) SC-8 � L�I L' C L� C u C � � � I_!1 u LJ L�l � �I Contract Documents. The establishment of time periods relates only to the specific obligations of Contractor to correct the Work, and has no relationship to the time within which his obligations under the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish his liability with respect to his obligations other than to specifically correct the Work. � SC-13. PAYMENTS AND COMPLETION. SC-13.1. Application for Proaress Pavments. Delete Paragraph 13.1 of the General Conditions in its entirety, and replace with the following: 13.1. ProQress Pavments. Provisions governing the submittal of Applications for Payment by Contractor to the Owner and to the assignee general construction contractor are set forth in the Agreement. E 13.1.1. Scheduls of Pavments. The schedule goveming Contractor's rights to claim payment for Work completed is set forth in the Agreement. SC-13.3. Review of Application for Pavment. Delete Paragraph 13.3 of the General Conditions in its entirety, and replace with the following: � 13.3. Engineer will, within 1 Q days after receipt of an Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner, or retum the Application to the Co�tractor or the general construction contractor, as applicable, indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, the general construction contractor may, after consultation with Contractor if the refusal involves Work of Contractor, make the necessary corrections and resubmit the Application. � Upon receipt of a properly completed Application for Payment, Owner shall, within 30 days after such receipt, pay to the Contractor or the general construction contractor, as applicable, the amount stated in the Application less any amounts due to Owner under these Contract Documents. SC-13.6. Apqlication for Final Pavment. Delete Paragraph 13.6 of the General Conditions in its entirety, and replace with the following: 13.6. Provisions goveming the submittal of the Application for Final Payment are set forth in the Agreement. . SC-13.7. Final Pavment. Delete Paragraph 13.7 of the General Conditions in its entirety, and replace with the following: F a 13.7. The general construction contractor's Application for Final Payment shall be processed by Engineer as stipulated hereinbefore for Applications for . Progress Payments. �I�J �� (Fort Worth, Texas) (Clear Fork Pump Station) (B8�V PN 61796) SC-9 Under these terms and conditions, Contractor shall have no recourse for claims against Owner, Engineer, or the general construction contractor for any delay in the final payment due to the fault of parties other than Contractor. SC-14. DELAY OR CANCELLATION OF WORK. AND TERMINATION. No modifications. SC-15. ARBITRATION. Delete Article 15 of the General Conditions in its entirety, and replace with the following: Article 15. DISPUTE RESOLUTION. In the event of a disagreement over any decision of Engineer, or of any other dispute or disagreement between Owner and Contractor, the use of Altemative Dispute Resolution (ADR) methods will be encouraged instead of formal dispute resolution procedures, to promote and maintain amicable working relationships between the parties. ADR methods may include negotiation and mediation. In the event that ADR procedures are unsuccessful, the dispute may then proceed to other legal actions. SC-16. MISCELLANEOUS. SC-16.1. Givin4 Notice. Delete Paragraph 16.1 of the General Conditions and replace with the following: . 16.1. Any notice required under the Contract to be in writing shall be dated and signed by the party giving such notice or his duly authorized representative, and shall be served as follows: 16.1.1. If to Owner, by personal delivery, by fax (with oral verification of receipt and followed by a mailing of the original), by ovemight delivery, or by deposit in the United States mail. 16.1.2. If to Contractor, by personal delivery to Contractor or his authorized representative at the worksite of the Project, by fax (with oral verification of receipt and followed by a mailing of the original), by ovemight delivery, or by deposit in the United States mail. 16.1.3. If to the Surety, by personal delivery to the Surety's agent for service, by fax to said agent (with oral verification of receipt and followed by a mailing of the original), by ovemight delivery, or by deposit in the United States mail to said agent. 16.1.4. If to any other person, by personal delivery, by fax (with oral verification or receipt and followed by a mailing of the original), by ovemight delivery, or by deposit in the United States mail. 16.1.5. All mailed notices shall be in sealed envelopes, shall be sent by certified mail with postage prepaid, and shall be addressed to the addresses in the (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) SC-10 ,�. � 1�1 � I■1 l!I � Contract Documents or such substitute addresses in which a party designates in writing and serves as set forth herein. 16.1.6. For the purpose of the various notice requirements contained in the Contract Documents, notice shall be deemed given on the date it is personally delivered or faxed, 1 day after it is sent by overnight mail or 3 days after the date it is mailed, as evidenced by the postmark. SC-16.7. Cumulative Remedies. Add the following immediately after Paragraph 16.6 of the General Conditions: a 16.7. Except as otherwise specifically provided in the Contract Documents, no action or failure to act by Owner, Engineer, or Contractor shall constitute a waiver of any rights or duty afforded by any of them under the Contract Documents, nor Q shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder. � L�J � ��l L�I , t�!' I�i LJ � � � � End of Section (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) SC-11 � 1 � !" � PART D .�- �, � �PE��AL CaNDIT10NS , � 1 1 1 1 � � � LJ � L�J � I� L�J u �� PART D SPECIAL CONDITIONS i D-1 EQUIPMENT MANUFACTURER COMPLIANCE WITH WORKER'S COMPENSATION LAW: a a. Workers Compensation Insurance Coverage for Business' Outside Texas Equipment Manufacturer shall compiy with the appropriate Workers Compensation Insurance Coverage requirement, for"��the State in which they reside. Documentation shall be provided to the City certifying Workers Compensation Coverage prior to being awarded the contract. b. Workers Compensations Insurance coverage for Business' in Texas Definitions: Certification of coverage ("certificate"}. A copy of a certificate of insurance, a � certificate of authority to self-insure issued by �he commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-g3 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or Q entity's employees providing services on a project for the duration of the project. � Duration of the project includes the time from the the project until the contractor's/person's work completed and accepted by the governmental entity � I� L1 L!' � beginning of the work on o� the project has been Persons providing services on the project ("subcontracto�" in 406.096) includes all persons or entities performing all or part of the services the Equipment Manufacturer has undertaken to perform on the project, regardless of whether that person contracted directly with the Equipment Manufacturer 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. � ii. The Equipment Manufacturer shall provide coverage, based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements, which meets the statutory requirements of Texas IS� L�� (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) D-1 � Labor Code, Section 401.011 (44) or all employees of the Equipment Manufacturer providing services on the project, for the duration of the project. iii. The Equipment Manufacturer must provide a certificate of coverage to the governmental entity prior to being awarded the contract. iv. If the coverage period shown on the Equipment Manufacturer's current certificate of coverage ends during the duration of the project, the Equipment Manufacturer must, prior to the end of the coverage period, file a new certificate of coverage with the govemmental entity showing the coverage has been extended. v. The Equipment Manufacturer shall obtain from . each person providing services on a project, and provide to the govemmental entity the following: (1) a certificate of coverage, prior to that person beginning work on the project, so the government entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (Z) no later than seven days after receipt by the Equipment Manufacturer, 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. vi. The Equipment Manufacturer shall retain all required certificates of coverage for the duration of the project and for one year thereafter. vii. The Equipment Manufacturer shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Equipment Manufacturer knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. viii. The Equipment Manufacturer shall post on each project site a notice, in the text, form, and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. ix. The Equipment Manufacturer shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code Section 401.001 (44) for all of its employees providing services on the project, for the duration of the project; (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) D-2 � � � � � � � � � � � �� i� ILJ I� � � � IJ I■1 � � LJ l�l � � L�J i'■1 I� � L�J (2) provide to the Equipment Manufacturer, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; ' (1) provide the Equipment Manufacturer, prior to the end of the coverage period, a new certificate showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. (2) obtain from each other person with whom it contracts,` and provide to the Equipment Manufacturer: ' (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. • (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew of should have known, of any changes that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7), with the certificates of coverage to be provided to the person for whom they are providing services. x. By signing this contract or providing or causing to be provided a certificate of coverage, the Equipment Manufacturer is representing to the governmental entity that all employees of the Equipment Manufacturer who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Equipment Manufacturer to administrative, criminal, civil penalties or other civil action. xi. The Equipment Manufacturer 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 verif,y 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 (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) D-3 printed with a title in at least 30 point bold 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 wo�ds 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' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. Call the Texas Worker's Compensation Commission at {512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your empioyer has provided the required coverage, or to report an employer's failure to provide coverage. D-2 WAGE RATES: The labor classifications and minimum wage rates set forth herein have been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with the statutory requirements, as being the prevailing classifications and rates that shall govem 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. CITY OF FORT WORTH PREVAILING WAGE RATE FOR 1995 CLASSIFICATION Air Tool Operator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Batterboard Setter Carpenter Concrete Finisher (PA� Concrete Finisher (STRS) Concrete Rubber Electrician . Flagger Form Builder (STRS) (Fo�t Worth, Texas) (Clear Fork Pump Station) (68�V PN 61796) RATE $7.554 $8.565 $8.255 $9.371 $8.920 $9.447 $9.345 $9.058 $7.733 $12.761 $5.598 $8.717 D-4 CLASSIFICATlON Form Liner Form Setter (Pav & Curb) Form Setter (Structures) Laborer, Common Laborer, Utility Mechanic Oiler Servicer Piledriver Pipelayer Blaster RATE $8.913 $8.686 $8.427 $6.402 $7.461 $10.658 $8.698 $8.104 $7.500 $8.509 $11.333 � �J 'I� � �� 1�1 I�I � L�J � L�J � � I�I �� I� L■J �� POWER EQUIPMENT OPERATORS: CLASSIFICATION RATE Asphalt Distributor $8.404 Asphalt Paving Machine $9.053 Broom or Sweeper Operator $7.908 B.ulldozer, 150 HP or Less $8.703 Bulldozer, Over 150 HP $9.160 Concrete Paving Curing Mach.$8.213 Concrete Pav Finishing Mach. $9.453 Concrete Paving Form Grader$8.500 Concrete Paving Joint Mach. $9.042 Concrete Paving Joint Sealer $7.350 Concrete Paving Float $7.875 Concrete Paving Saw $9.290 Concrete Paving Spreader $9.750 Slipform Machine $9.000 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (Less than 1 '/z cy) $9.513 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (1 '/ cy & Over) $10.517 Crushing or Scrng Plt Opr. $9.500 Elevating Grader Foundation Drill Oper. (Crawler Mounted) $10.000 Foundation Drill Operator (Truck Mounted) $11.138 Foundation Drill Opr Helper Front Ent Loader (2 '/2 CY or Less) $8.823 Front Ent Loader . (Over 2 %Z Cl� $9.311 Hoist (Double Drum & Less) $8.917 Milling Machine Operator $6.650 Mixer (Over 16 CF) $9.000 Mixer (16 CF & Less) $7.913 Mixer - Concrete Paving $9.500 Motor Grader Operator (Fine Grade) $10.346 Motor Grader Operator $9.891 Pavement Marking Machine $6.402 (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) D-5 CLASSIFICATION Posthole Drilier Operator Roller, Steel Wheel (Plant-Mix Pavements) Rolier, Steel Wheel (Flatwheel or Tamping) Roller, Pneumatic Self-Pro Scraper - 17 CY & Less Scraper - Over 17 CY Side Boom Tractor - Crawler Type (150 HP & Less) Tractor - Crawler Type (Over 150 HP) Tractor - Pneumatic Traveling Mixer Trenching Machine - Light Trenching Machine - Heavy Wagon-Drill, Boring Machine Reinforcing Steel Setter (Paving) Reinforcing Steel Setter (Structural) Steel Worker - Structural Sign Erector Spreader Box Operator Barricade Servicer Zone Wk. Mounted Sign Installer (Permanent Ground) Truck Driver - Single Axle (Light) Truck Driver - Single Axle (Heavy) Truck Driver - Tandem Axle (Semi-Trailer) Truck Driver - Lowboy/Float Truck Driver - Transit Mix Truck Driver - Winch Vibrator Operator Welder RATE $9.000 $8.339 $7.963 $7.403 $8.138 $8.205 $7.793 $8.448 $8.873 $7.735 $7.615 $8.188 $12.498 $9.000 $9.218 $11.548 $16.300 $11.436 $6.988 $6.402 $6.402 $7.465 $8.067 $7.816 $9.653 $7.507 $8.200 $7.000 $10.459 D-3 OSHA STANDARDS: All work performed under this contract shall meet the requirements of the Occupational Safety and Health Administration (OSHA). It is the responsibility of the Contractor to become familiar with the provisions of the regulations published by the OSHA in the Federal Register and to perform all the responsibilities thereunder. It is the Contractor's responsibility to see that the project is constructed in accordance with OSHA regulations and to indemnify and save harmless the Owner and Engineer from any penalties resulting from the Contractor's failure to so perform. D-4. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Govemment, Contractor covenants that neither it nor any of its officers, members, agents employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the tems, conditions or privileges of their emplayment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirements. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limited for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold Owner and Engineer harmless against any claims or allegations asserted by third parties or subcontractors against Owner and Engineer arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above- referenced Policy conceming age discrimination in the performance of this agreement. (Fort Worth, Texas) (Clear Fork Pump Station) (B&V PN 61796) I�a: � �i � � � ' ' , � � PART E TE�HNICAL SPEC�FiCATIONS l�l � l�] � Section 01015 PROJECT REQUIREMENTS 1. GENERAL DESCRIPTION OF WORK. The Work to be performed under these Contract Documents is generally described as follows: � Furnishing and delivering to the pump station site finro 30 MGD Vertical Mixed Flow Pumps; re-build and deliver two 30 MGD Vertical Mixed Flow Pumps; perform a Pump Station Model Test; fumishing and delivering Ad�ustable � Frequency Drive equipment; all necessary appurtenance� and incidental work to provide a complete and serviceable project, designated as: �� i� '� I'•I � 2. SUBSTITUTES AND "OR-EQUAL" ITEMS. Provisions for evaluation of substitutes and "or-equal" items of materials and equipment are covered in Paragraph SC-5.10 of the Supplementary Conditions. Requests for review of equivalency will not be accepted by Engineer from anyone except Contractor, and such requests will not be considered until after the Contract has been awarded. Whenever the names of proprietary products or the names of particular manufacturers or vendors are used, it shall be understood that the words "or equal" following the enumeration, if not specifically stated, are implied, unless the sp,�cification or description states that no equivalent item or substitution is permitted. 3. PREPARATION FOR SHIPMENT. All materials shall be suitably packaged to facilitate handling and protect against damage during transit and storage. Painted surfaces shall be protected against impact, abrasion, discoloration, and other damage. All painted surfaces which are damaged prior to acceptance of equipment shall be repainted to the satisfaction of Engineer. Each item, package, or bundle of material shall be tagged or m�rked as identified in the a delivery schedule or on the Shop Drawings. Complete packing�lists and bills of material shall be included with each shipment. � 4. SHIPMENT AND DELIVERY. All equipment and materials provided under this Contract shall be shipped and delivered at the expense of Cont'ractor, and all costs relative thereto shall be included in the Contract Price. L■J l■J � � 4.01. Shiament. The equipment and materials shall be shipped to a location to be designated by Owner within the city limits of Fort Worth, Texas. 4.02. Deliverv. Delivery to the designated location shall be made by truck, and shall be subject to all applicable laws and regulations goveming such shipment and delivery. (Fort Worth, Texas) 01015 (Clear Fork Pump Station) -1- ( B&V PN 61796) Lf The equipment and materials shall be delivered to the assignee general construction contractor at the designated location befinreen the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Delivery shall be coordinated with the general construction contractor to provide adequate time for unloading during normal working hours. The general construction contractor shall be responsible for unloading the equipment and materials, and for inspecting and inventorying the delivered equipment and materials upon receipt at the site. To that end, Contractor shall provide the services of competent personnel at the time of delivery to assist and advise the general construction contractor with the inventory and verification, to the mutual satisfaction of both parties. Contractor shall perform no direct supervision of the general construction contractor's personnel. Contractor shalf provide to the general construction contractor copies of all bills of lading and other documents necessary for the inventory. Contractor shall cooperate with the general construction contractor during the unloading and inventory activities, so that joint agreement can be reached. In the event of disagreement, Engineer shall be notified and decisions will be made under the terms of Article 8 of the General Conditions. After acceptance, the general construction contractor shall be responsible for the handling, storage, and installation of the equipment and materials and for administration of the assigned Procurement Contract, alt in accordance with the Contract Documents. 5. REFERENCE STANDARDS. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to the laws or regulations of any govemmental authority, whether such reference be specific or by implication, shall mean the latest standa�d specification, manual, code, or laws or regulations in effect at the time of opening of Bids, except as may be otherwise specifi- cally stated. However, no provision of any referenced standard, specification, manual, or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of Owner, Contractor, or Engineer, or any of their Consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to Engineer, or any of Engineer's Consultants, agents, or employees, any duty or authority to supervise or direct the fumishing or performance of the Work. End of Section (Fort Worth, Texas) 01015 (Clear Fork Pump Station) -2- ( B&V PN 61796) � L!' L!i �. 1. SHOP DRAWINGS. Section 01300 SUBMITTALS � { 1.01. General. Shop Drawings and enginesring data (submittals} covering all a equipment and fabricated and building materials which will become a permanent part of the Work under this Contract shall be submitted to Engineer for review. Submittals shall verify compliance with the Contract Documents, � and shall include drawings and descriptive information in sufficient detail to show the kind, size, arrangement, and operation of component materials and devices; the external connections, anchorages, and suppo�ts required; � performance characteristics; and dimensions needed for installation and correlation with other materials and equipment. When an,titem consists of a components from several sources, Contractor shall submit a complete initial submittal including all components. � All submittals, regardless of origin, shall be stamped with �he approval of Contractor and identified with the name and number of this Contract, Contractor's name, and references to applicable specification paragraphs and � Contract Drawings. Each submittal shall indicate the intended use of the item in the Work. When catalog pages are submitted, applicable items shall be clearly identified and inapplicable data crossed out. The� current revision, issue Qnumber, and date shall be indicated on all drawings andi other descriptive data. Contractor shall be solely responsible for the completeness of each submission. � Contractor's stamp of approval is a representation to Owr�er and Engineer that Contractor accepts sole responsibility for determining and verifying all quantities, dimensions, field construction criteria, materials, catalog numbers, � and similar data, and that Contractor has reviewed and coordinated each submittal with the requirements of the Work and the Contract Documents. � All deviations from the Contract Documents shall be identified as deviations on each submittal and shall be tabulated in Contractor's letter of transmittal. Such � submittals shall, as pertinent to the deviation, indicate eSsential details of all changes proposed by Contractor (including modifications to other facilities that may be a result of the deviation) and all required piping and wiring diagrams. � � (Fort Worth, Texas) 01300 (Clear Fork Pump Station) -1- � (PN 61796) Five copies (or one reproducible copy) of each drawing and necessary data shall be submitted to Engineer. Engineer will return two marked copies (or one marked reproducible copy) to Contractor. Facsimile (fax) copies will not be acceptable. Engineer will not accept submittals from anyone but Contractor. Submittals shall be consecutively numbered in direct sequence of submittal and without division by subcontracts or trades. 1.02. Enqineer's Review of Submittals. Engineer's review of submittals will cover only generat conformity to the Drawings and Specifications, external connections, and dimensions which affect the layout. Engineer's review does not indicate a thorough review of all dimensions, quantities, and details of the material, equipment, device, or item shown. Engineer's review shall not relieve Contractor of Contractor's sole responsibility for errors, omissions, or deviations in the drawings and data, nor of Contractor's sole responsibifity for compliance with the Contract Documents. Engineer's submittal review period shall be 21 consecutive calendar days in length and shall commence on the first calendar day immediately following the date of arrival of the submittal or resubmittal in Engineer's office. The time required to mail the submittal or resubmittal back to Contractor shall not be considered a part of the submittal review period. When the drawings and data are returned marked "NOT ACCEPTABLE" or "RETURNED FOR CORRECTION", the corrections shall be made as noted thereon and as instructed by Engineer and five corrected copies (or one corrected reproducible copy) resubmitted. Facsimile (fax) copies will not be acceptable. . When the drawings and data are returned marked "EXCEPTIONS NOTED", "NO EXCEPTIONS NOTED", or "RECORD COPY", no additional copies need be furnished unless requested by Engineer at time of review. 1.03. Resubmittal of Drawinqs and Data. Contractar shall accept full responsibility for the completeness of each resubmittal. Contractor shall verify that all corrected data and additional information previously requested by Engineer are provided on the resubmittal. When corrected copies are resubmitted, Contractor shall in writing direct specific attention to all revisions and shall list separately any revisions made other than those cal�led for by Engineer on previous submissions. Requirements specified for initial submittals shall also apply to resubmittals. Resubmittals shall bear the number of the first submittal followed by a letter (A, B, etc.) to indicate the sequence of the resubmittal. (Fort Worth, Texas) 01300 (Clear Fork Pump Station) _2_ (PN 61796) �i � C� l� � � If more than one resubmission is required because of failure of Contractor to provide all previously requested corrected data or additional information, Contractor shall reimburse Owner for the charges of Engineer for review of the additional resubmissions. This does not include initial submittal data such as shop tests and field tests which are submitted after initial submittal. Resubmittals shall be made within 21 days of the date of the letter returning the material to be modified or corrected, unless within 7 days Contractor submits an acceptable request for an extension of the stipulated time period, listing the reasons the resubmittal cannot be completed within that time. " n Any need for more than one resubmission, or any other delay in obtaining i,.� Engineer's review of submittals, will not entitle Contractor to extension of the Contract Times unless delay of the Work is directly caused by a change in the a Work authorized by a Change Order or by failure of Engineer to review any submittal within the submittal review period specified herein and to return the submittal to Contractor. l�J LJ � l�J � l�J � l�l � LJ � C�I 2. OPERATION AND MAINTENANCE DATA AND MANUAL*S. Adequate operation and maintenance information shall be supplied for all equipment requiring maintenance or other attention. The equipment Supplier shall prepare an operation and maintenance manual for each type of equipment indicated in the equipment schedule section. Parts lists and operating and maintenance instructions shall be furnished for other equipment not listed qin the equipment schedule. , Operation and maintenance manuals shall include the following: M a. Equipment function, normal operating characteristics, and limiting conditions. � b. Assembly, installation, alignment, adjustment, and checking instructions. � c. Operating instructions for startup, routine and normal operation, regulation and control, shutdown, and emergency conditions. � e f Lubrication and maintenance instructions. Guide to troubleshooting. Parts lists and predicted life of parts subject to wear. (Fort Worth, Texas) (Clear Fork Pump Station) (PN 61796) 01300 -3- g. Outline, cross-section, and assembl.y drawings; engineering data; and wiring diagrams. h. Test data and performance curves, where applicable. The operation and maintenance manuals shall be in addition to any instructions or parts lists packed with or attached to the equipment when delivered, or which may be required by Contractor. Manuals and other data shall be printed on heavy, first quality 8-1/2 by 11 inch paper, with standard three-hole punching. Drawings and diagrams shall be reduced to 8-1/2 by 11 inches or 11 by 17 inches Where reduction is not practicable, larger drawings shall be folded separatety and placed in envelopes which are bound into the manuals. Each envelope shall bear suitable identification on the outside. Operation and Maintenance Manuals, data and drawings will also be submitted in electronic format compatilble with current City of Fort Worth software. Three preliminary copies of each manual, temporarily bound in heavy paper covers bearing suitable identification, shall be submitted to Engineer prior to the date of shipment of the equipment. After review by Engineer, three final copies of each operation and maintenance manual shall be prepared and delivered to Engineer not later than 30 days prior to placing the equipment in operation. Final manuals and all parts lists and information shall be assembled in substantial, permanent, thres-ring or three-post binders. As much as possible, material shall be assembled and bound in the same order as specified, and each volume shall have a table of contents and suitable index tabs. All material shall be marked with project identification, and inapplicable information shall be marked out or deleted. Shipment of equipment wifl not be considered complete until all required manuals and data have been received. End of Section (Fort Worth, Texas) 01300 (Clear Fork Pump Station) _4_ (PN 61796) u L�J Itl L! ,i Section 01610 GENERAL EQUIPMENT STIPULATIONS � 1. SCOPE. All equipment furnished and installed under this Contract shall conform to the general stipulations set forth in this sectio n, except as otherwise specified in other sections. � 2. COORDINATION. Contractor shall coordinate all det ils of the equipment with other related parts of the Work, including verification that all structures, a piping, wiring, and equipment components are compatibl, . Contractor shall be responsible for all structural and other alterations in the Work required to accommodate equipment differing in dimensions or othe characteristics from � that contemplated in the Contract Drawings or Specificat ons. � 3. MANUFACTURER'S EXPERIENCE. Unless specifically named in the Specifications, a manufacturer shall have furnished equipment of the type and size specified which has been in successful operation for not less than the past � 5 years. � 4. WORKMANSHIP AND MATERIALS. Contractor shall guarantes all equip- Q ment against faulty or inadequate design, improper assembly or erection, defective workmanship or materials, and leakage, breakage, or other failure. Materials shall be suitable for service conditions. „ � All equipment shall be designed, fabricated, and assembled in accordance with recognized and acceptable engineering and shop practice. Individual parts a shall be manufactured to standard sizes and thicknesses so that repair parts, furnished at any time, can be installed, in the field. Like parts of duplicate units shall be interchangeable. Equipment Shall not have been in service at any time � prior to delivery, except as required by tests. Except where otherwise specified, structural and miscellaneous fabricated steel � used in equipment shall conform to AISC standards. All structural members shall be designed for shock or vibratory loads. Unless otherwise specified, all � steel which will be submerged, all or in part, during normal operation of the equipment shall be at least 1/4 inch tt�ick. � 5. LUBRICATION. Equipment shall be adequately lubricated by systems which require attention no more frequently than weekly during continuous operation. � (Fort Worth, Texas) 01610 6/99 (Clear Fork Pump Station) -1- � (PN 61796) Lubrication systems shall not require attention during startup or shutdown and shall not waste lubricants. Lubricants of the types recommended by the equipment manufacturer shall be provided in sufficient quantities to fill all lubricant reservoirs and to replace all consumption during testing, startup, and operation prior to acceptance of equipment by Owner. Unless otherwise specified or permitted, the use of synthetic lubricants will not be acceptable. Lubrication facilities shall be convenient and accessible. Oil drains and fill openings shall be easily accessible from the normal operating area or platform. Drains shall allow for convenienf collection of waste oil in containers from the normal operating area or platform without removing the unit from its normal instal{ed position. 6. ELEVATION. The elevation of the site is approximately 550 feet above mean sea level. All equipment furnished shail be designed to meet stipulated conditions and to operate satisfactorily at this elevation. 7. ELECTRIC MOTORS. Unless otherwise specified, motors furnished with equipment shall meet the following requirements: a. Designed and applied in accordance with NEMA, ANSI, IEEE, AFBMA, and NEC for the duty service imposed by the driven equipment, such as frequent starting, intermittent overload, high inertia, mounting configuration, or service environment. b. Rated for continuous duty at 40°C ambient, unless the application is well recognized for intermittent duty service as a standard industry practice. c. Insulated with a Class F insulation system and designed for a maximum Class 6 temperature rise at service factor load (80°C at 1.0 or 90°C at 1.15), or insulated with a Class H insulation system and designed for a maximum Class F temperature rise at service factor load (145°C at 1.0). d. Motors used in applications which exceed the usual service conditions as defined by NEMA, such as higher than 40°C ambient, altitude exceeding 3,300 feet, explosive or corrosive environments, departure from rated voltage and frequency, poor ventilation, frequent starting, or adjustable frequency drive applications, shall be properly selected with respect to their service conditions and shall not exceed specified temperature rise limits. (Fort Worth, Texas) 01610 6/99 (Clear Fork Pump Station) -2_ (PN 61796) u LJ � Li L�J L u L�J I�� L C�� L:� e. To ensure long life, motors shall have nameplate horsspower equal or greater than the maximum load imposed by the driven equipment and shall carry a service factor rating as follows: Motor Size Fractional hp Enclosure Service Factor 1.15 1.0 • Open Other Than Open Integral hp Open 1.15 Other Than Open 1.0 � f. Designed for full voltage starting. `M g. Designed to operate from an electrical system that may have a maximum of 5 percent voltage distortion according tQ IEEE 519. h. Clamp-type grounding terminal shall be inside motor conduit box. i. External conduit boxes shall be oversized at least one size larger than NEMA standard. j. Totally enclosed motors shall have a continuous moisture drain which also excludes insects. k. Bearings shal( be either oil or grease lubricated. I. Manufacturer's standard motor may be supplied on appliances, tools, and unit heaters, in which case a redesign of the unit would be required to furnish motors of other than the manufacturer's standard design. However, in all cases, totally enclosed motors are preferred and shall be furnished if offered by the manufacturer as a standard option. a m. Dripproof motors, or totally enclosed motors at the Supplier's option, shall be furnished on equipment in indoor, above-grade, clean, and dry locations. •• � � l�l � � n. Explosionproof or submersible motors shall be furnished as required by applicable codes or as specified in other sections� . (Fort Worth, Texas) (Clear Fork Pump Station) (PN 61796) 01610 -3- 6/99 o. Motors shall be rated as follows: 1. Below 1/2 hp. 115 voits, 60 Hz, single phase; or 240 volts, 60 Hz, single phase. 2. 1/2 hp and above. 460 volts, 60 Hz, 3 phase. Where specified or required by the Drawings, motors used on 240 voit systems shall be 230 volts, 60 Hz, 3 phase. Motors used on 2Q8 volt systems shali be 200 volts, 60 Hz, 3 phase. p. All motors shall meet the minimum efficiency standards required by the Energy Policy Act (EPACT) of 1992. q. Where energy-efficient horizontal motors are required by the detailed specifrcations, they shall have a NEMA nominal efficiency nameplate value equal to or greater than values listed in the following table. Efficiency shall be determined in accordance with IEEE 112, Test Method B. Nominal Eificiency Nominal Efficiency Motor Values Values Open Drip Enclosure TEFC Enclosure 3600 1800 1200 900 3600 1800 1200 900 kW hp rpm rpm rpm rpm rpm rpm rpm rpm 0.7 1 84.0 83.0 80.5 75.0 75.5 82.5 81.5 75.5 1.1 1.5 82.5 84.0 84.5 78.0 84.0 84.0 86.5 80.0 1.5 2 84.0 84.0 86.5 86.5 84.0 84.0 87.5 85.5 2.2 3 85.0 87.5 88.0 89.5 87.0 88.0 89.0 86.5 3.7 5 87.5 88.5 89.0 89.5 88.0 88.0 89.5 85.0 5.6 I 7.5 88.5 89.5 90.0 88.5 90.0 I90.0 I90.0 86.5 7.5 I 10 89.0 90.0 91.0 I 91.0 91.0 I 90.0 I 91.0 I91.0 11.2 I 15 90.2 91.7 I 91.0 I 91.0 91.0 � 92.0 92.0 91.0 14.9 20 91.7 92.4 91.7 92.0 92.0 93.0 92.0 91.0 18.7 25 92.4 93.0 92.4 92.0 92.0 93.0 93.0 91.0 22.4 ( 30 93.0 93.0 I 93.0 I 93.0 � 93.0 � 93.0 I 93.0 I 93.0 (Fort Worth, Texas) 01610 6199 (Clear Fork Pump Station) _4_ (PN 61796) � 1!' Motor kW hp 29.8 40 Nominal Efficiency Values Nominal Efficiency �,Values TEFC Enclosure 3600 1800 1200 900 rpm rpm rpm rpm 93.0 94.0 94.0 93.0 L' � Open Drip Enclosure 3600 1800 1200 900 rpm rpm rpm rpm 93.0 94.0 93.5 93.0 37.3 50 93.0 94.1 93.5 93.0 92.4 94.0 94.0 93.0 � 44.8 60 93.0 95.0 94.5 94.0 93.5 95.0 95.0 93.0 56 75 94.0 95.0 95.0 94.0 93.6 95.0 95.0 94.0 i�� I�,� LJ u � 74.6 100 94.5 95.0 95.0 95.0 95.0 95.0 95.0 94.0 93.2 125 95.0 95.0 95.0 95.0 95.0 95.0 95.0 94.0 11�2 150 95.0 95.0 95.0 95.0 95.0 95.0 95.0 94.0 149 200 95.0 95.0 95.0 95.0 96.0 96.0 95.0 94.0 8. SAFETY GUARDS. All belt or chain drives, fan blades,` couplings, and other moving or rotating parts shall be covered on all sides by a'safety guard. Safety guards shall be fabricated from 16 USS gage or thicker galvanized or � aluminum-clad sheet steel or from 1/2 inch mesh galvanized expanded metal. Each guard shall be designed for easy installation and removal. All necessary supports and accessories shall be provided for each guard. Supports and accessories, including bolts, shall be galvanized. All safety guards in outdoor locations shall be designed to prevent the entrance of rain and dripping water. � 9. SPECIAL TOOLS AND ACCESSORIES. Equipment requiring periodic repair and adjustment shall be furnished complete with all.special tools, instru- ments, and accessories required for proper maintenance. Equipment requiring � special devices for lifting or handling shall be furnished complete with those devices. �� I�� ,I� l_�J � � 10. SHOP PAINTING. All steel and iron surfaces shall be protected by suitable coatings applied in the shop. Surfaces which will.be inaccessible after assembly shall be protected for the life of the equipment. Coatings shall be suitable for the environment where the equipment is installed. Exposed surfaces shall be finished, thoroughly cleaned, and filled as necessary to provide a smooth, uniform base for painting. Electric motors, speed reducers, starters, and other self-contained or enclosed components shall be shop primed or finished with an oil-resistant enamel or universal type primer suitable for top coating in the field with a universal primer and aliphatic polyurethane system. (Fort Worth, Texas) 01610 6/99 (Clear Fork Pump Station) -5- (PN 61796) Surfaces to be coated after instaliation shall be prepared for painting as recommended by the paint manufacturer for the intended service, and then shop painted with one or more coats of the specified primer. Unless otherwise specified, the shop primer for steel and iron surfaces shall be Ameron "Amercoat 180 Synthetic Resin Coating", Carboline "888 Primer", or Tnemec "Series 37H Chem-Prime H.S.". Machined, polished, and nonferrous surfaces which are not to be painted shall be coated with rust-preventive compound, Houghton "Rust Veto 344". 11. PREPARATION FOR SHIPMENT. All equipment shall be suitably packaged to facilitate handling and to protect against damage during transit and storage. All equipment shall be boxed, crated, or otherwise completely enclosed and protected during shipment, handling, and storage. All equipment shall be protected from exposure to the elements and shall be kept dry at all times. Painted surfaces shall be protected against impact, abrasion, discoloration, and other damage. Painted surtaces which are damaged prior to acceptance of equipment shall be repainted to the satisfaction of Engineer. Grease and lubricating oil shall be appiied to all bearings and similar items. Each item of equipment shall be tagged or marked as identified in the delivery schedule or on the Shop Drawings. Complete packing lists and bills of material shall be included with each shipment. 12. OBSERVATION OF PERFORMANCE TESTS. Where the Specifications require the presence of Engineer, initial tests shall be observed or witnessed by Engineer. Owner shall be reimbursed by Contractor for all costs of subsequent visits by Engineer to witness or observe incomplete tests, retesting, or subsequent tests. End of Section (Fort Worth, Texas) 01610 (Clear Fork Pump Station) _g_ (PN 61796) 6/99 a � � LJ � � � C� lJ l�l � Section 11140 VERTICAL MIXED FLOW PUMPS ., PART 1 - GENERAL 1-1. SCOPE. This section covers two new vertical mixed flow pumping units and rebuilding of two existing vertical mixed flow pumping units for the Clear Fork Raw Water Intake. Pumping units shall be enclose�l lineshaft, below the floor discharge type. The two new pumping units shall be provided with adjustable frequency drives. The pumping units are designated as follows: Desianation Scope of Work Service PS-1 P S-2 PS-3 PS-4 Modify Pump New Pump Modify Pump New Pump Raw Water Raw Water Raw Water Raw Water Drive Tvae d> Constant Speed Variable Speed Constant Speed Variable Speed Each new pumping unit shall be complete with a pump, electric motor, aadjustable speed drive, motor pedestal, subbase, and all other appurtenances specified or required for proper operation. �I � l�' Each rebuilt unit shall be complete with a new mator, ner7v, bowl assembly, reconditioned pump column assemblies, and all other appurtenances specified or required for proper operation. An alternative bid may be provided for furnishing four complete new pumping units, two with adjustable speed drives and two with constant speed drives. The new pumping units will be Byron Jackson, Fairbanks Morse, Floway, � Ingersol Dresser Pump, Johnston, Patterson or Peerless. The products of other manufacturers will not be acceptable. a As part of the work a model test shall be performed on the pumping station intake as specified in the model test section. � 1-2. GENERAL. Equipment furnished under this section shall be fabricated and assembled in full conformity with drawings, specifications, engineering data, instructions, and recommendations of the equipment manufacturer, unless aexceptions are noted by the Engineer. :� � � � (Fort Worth, Texas ) 11140 06/99 (Clear Fork Pump Station ) -1- � (P.N. 61796 ) 1-2.01. General Equipment Stipulations. The General Equipment Stipulations shall apply to all equipment furnished under this section. 1-2.02. Governinq Standard. Except as modified or supplemented herein, all vertical diffusion vane pumps shall conform to the applicable requirements of ANSI/AWWA E101 and the Hydraulic Institute Standards. 1-2.03. Power Supplv. Power supply to equipment will be 480 volts, 60 Hz, 3 phase. 1-3. SUBMITTALS. 1-3.01. Drawinqs and Data. Complete assembly, foundation, and installation drawings, together with detailed specifications and data covering materials, parts, devices, and accessories forming a part of the equipment furnished, shall be submitted in accordance with the submittals section. The data and specifications for each pumping unit shall include, but shail not be limited to, the following: Pumps Name of manufacturer. Type and model. � Design rotative speed. Number of stages. Type of bowl bearings. Type of lineshaft bearings. Size of shafting. Size of pump column. Size of discharge outlet. OD of pump bowls. Weight. Pump rotative moment of inertia wr�. Complete performance curves showing capacity versus head, NPSH required, pump efficiency, efficiency, and bhp plotted to scales consistent wifh performance requirements. Data on shop painting. Motors Manufacturer, model, type and enclosure. Bearing type and lubrication. Horsepower rating and servicefactor. Temperature rise and insulation rating. (Fort Worth, Texas ) 11140 06/99 (Clear Fork Pump Station ) _2_ (P.N.61796 ) L�I CI � L�J LJ � L�I � L�l � L�J Full load rotative speed, rpm. Net weight. Efficiency at full , 3/4, and 1/2 load. � P , Efficiency at specified operating condition. Full load current. � Locked rotor current. Overall dimensions and base details. Power factor at no load and at full load. � Motor winding temperature switch data. (for motors with adjustable frequency drive units. Adiustible Frequency Drives Provide submittals as specified in Section 16150 Comqlete Pumpinq Unit Max overall dimensions. Total weight. 0 �` 1-3.02. Operation and Maintenance Data and Manuals. Adequate operation and maintenance information shall be supplied. Operation and maintenance manuals shall be submitted in accordance with the submittaf's section. The operation and maintenance manuals shall be in addition to any instructions or parts lists packed with or attached to the equipment when delivered. D 1-3.03. Installation Instructions. A complete detailed set of installation instructions shall be provided by the pump manufacturer. The instructions shall be sumitted for reiview 6 weeks before delivery of the first pump. � 1-4. SPARE PARTS. The following spare parts shall be fu,rnished: � CI'� L■J CI� C'' L�'J One set of line shaft bearings. One bowl liner. One set of motor thrust and radial bearings. Oil and Grease for one pump refill. n Spare parts shall be suitably packaged in accordance with the General Equipment Stipulations, with labels indicating the contents pf each package. Spare parts shall be delivered to the Owner as directed. m (Fort Worth, Texas ) (Clear Fork Pump Station ) (P.N.61796 ) 11140 -3- 06/99 1-5. SHIPPING. Each pumping unit shall be prepared for in accordance with the General Equipment Stipulations. Prior to shipping, each pumping units shall be fully assembled, matched marked, and broken down for field assembly in the existing pumping station. A list of all match marking shall be shipped with the pumping units. PART 2 - PRODUCTS 2-1. SERVICE CONDITIONS. The pumping units will be installed in an existing pump intake structure. The puming units will operate in parrallel to pump screened raw water from the Clear Fork River to the water treatment plant. Pumping units are provided with tilting disc check valves and will start and stop against system pressure. Existing pumping units are Fairbanks Morse Model No. 24-6360 single stage pumps S/N PW 554 built in 1957 with Fairbanks two speed motors rated 200 horsepower, 708 rpm, 440 volt, S/N 63773. Because of limited headroom, each pumping unit shall be designed to facilitate installation and removal using the building overhead crane provided for that purpose as indicated on the drawings. 2-2. PERFORMANCE AND DESIGN REQUIREMENTS. New and modifed pumping units shall be designed for the following operating conditions at maximum speed, unless otherwise noted: Unit designation Number of units Rated total head, feet Capacity at rated head, gpm Reduced speed capacity at 10 feet of total head, gpm Min capacity at�38 feet of total head, gpm Operating head range, feet PS-1, 2, 3, & 4 4 30 21,000 10,000 18,000 16-38 Max (nominal) pump operating speed at (Fort Worth, Texas ) 11140 06/99 (Clear Fork Pump Station ) -4- (P.N. 61796 ) I I I � � � � � � � I � � � i ' I � � rated head, rpm Approximate min pump operating speed, percent of max speed Submergence above floor of wetwell (approximately 530 feet above sea level), feet Maximum Minimum Max power required at the motor for any point in the operating head range, bhp Min pump efficiency at rated head, percent Min nominal size of pump column, inches Nominal size of pump discharge, inches Min size of solids, inches Max length of any component or subassembly, feet Approximate clearance between crane hook and operating floor, feet Approximate vertical distance from wetwell floor to center line of below- floor discharge, feet Approximate vertical distance from center line of below-floor discharge to bottom of subbase, feet Min shop test pressure on bowl assembly Pump setting (Fort Worth, Texas ) (Clear Fork Pump Station ) (P.N.61796 ) 11140 -5- 720 55 � 20 10 i 200 85 , 30 , 30 6 �12 15.8 18.0 1.5 times shutoff head � As indicated on drawings 06/99 Bowl assemblies for the new and modified pumps shall be new and shall be identical to facilitate interchangeability of parts. For design and rating purposes, the water to be pumped shall be assumed to have a tsmperature of 85°F. Pump performance shall be stable and free from damaging cavitation, vibration, and noise in the operating head range. The performance of each pump with an open impeller shall be based on a radial running clearance between the bowl and the impeller of not less than 15 mils. Each pumping unit shall be designed so that maximum reverse rotation due to reverse flow at rated head will not cause damage to any component. 2-3. MATERIALS. Pump Bowls Cast iron, ASTM A48, Class 30. Impellers Bowl Liner Bowl Assembly Shaft Bowl Bearings Labyrinth Sand Collar Lineshaft Shaft Couplings Lineshaft Enclosing Tube Enclosed Lineshaft Bearings Enclosing Tube Stabilizer Stuffing Box Housing Bronze, ASTM B584. Bronze. Martensitic stainless steel, AISI Type 410 or 416. Bronze, ASTM B584, water lubri- cated. Bronze, ASTM B584. Martensitic stainless steel, AISI Type 410 or 416. Martensitic stainless steel. Stee) pipe, extra strong; ASTM A53, Grade A. Bronze, ASTM B584, water lubricated. Bronze or rubber. Cast iron, ASTM A48, Class 30. (Fort Worth, Texas ) 11140 06/99 (Clear Fork Pump Station ) _6_ (P.N. 61796 ) � � � � � � � � � � r � I � � r � � � Stuffing Box Bearing Stuffing Box Hardware Lantern Ring Stuffing Box Packing Water Slinger Bronze, ASTM 6584, water lubricated. Corrosion-resistant metal. Bronze or glass-filled teflon for 2-1/2 inch OD and smaller shafts; bronze only fo,r shafts larger than 2-1/2 inches. Braided, graphited or teflon impregnated Kevlar. Rubber or bronze. Pump Column AWWA CZOO,steel pipe at least 3/8 inch thick, with flanged couplings. Pedestal and Subbase Epoxy Coating Prime (First Coat) Cast iron or fabricated steel. Carboline "Kop-Coat Hi-Gard Epoxy" or Tnemec "2�0-1255 Pota-Pox Primer". Finish Coat Carboline "Kop-Coat Hi-Gard Epoxy" or Tnemec "20-2000 Pota-Pox" P Thread Lubricant Pipe Threads Lineshaft Coupling Threads Teflon paste 'type thread sealer. Jet-Lube "Nikal", John Crane "Thred Gard Nickel"', Never-Seez "Pure Nickel Special", or Permatex "Nickel Anti-Seize". +� 2-4. PUMP CONSTRUCTION. 2-4.01. Pedestal. Each pump pedestal shall be designed to support the drive unit and the entire pump assembly. Suitable openings shall be provided for access to the stuffing box and other accessories. A registered connection or (Fort Worth, Texas ) 11140 06/99 (Clear Fork Pump Station ) -7- (P.N. 61796 ) dowels shall be provided between the motor and the pedestai. A suitable � stuffing box leakage collector with a 1/2 inch tapped drain opening shall be provided. Each pocket shall have a drain connection. 2-4.02. Subbase. A rigid subbase with rounded corners shall be provided to support each pedestal. Abutting surfaces between the subbase and the pedestal shall be machined to provide uniform bearing. Each subbase shall have a center opening large enough to permit withdrawal of the entire pump assembly and shall be designed to span the existing 4'-1" by 6'-9" openings. 2-4.03. Lineshaft Stuffinq Box. The lineshaft stuffing box housing shall contain a bronze bearing, a water line to the bearing terminating in a lantern ring or annular port, at least four rings of packing, and a split gland. The gland halves shall be interlocked at assembly and held in position at all operating pressures by at least two bolts or studs. The stuffing box housing of enclosed lineshaft units shall have means for placing the lineshaft enclosing tube in tension and shall maintain pressuretight joints. 2-4.04. Impellers and Bowls. Impellers shall be accurately machined and balanced and securely locked on the pump shaft. Impellers shall be semi-open type. Pump bowls shall be equipped with replaceable bowl liners designed to maintain pump efficiency. Bowl liners shall be securely locked in place so that they will not move or loosen during any condition of operation or handling, including reverse rotation of the pump. A seperate water line shall be provided from the pump pedestal base to the bottom (tail) bearing. Water liners shall be firmly attached to the pump column at the column flanges. 2-4.05. Pump Column. Column sections shall be so designed and constructed that accurate alignment will be obtained when the column is assembled. Each column section shall be provided with lifting lugs to facilitate installation and removal. (Fort Worth, Texas ) 11140 06/99 (Clear Fork Pump Station ) _g_ (P.N. 61796 ) LJ l�l � � � � � � I�l � � � L�J �I u � I� I� � The length of the pump column shall be sufficient to locate the suction inlet above the wetwell floor a distance of not less than 1/3 times the bell diameter nor more than 3/4 times the bell diameter. A 1/2 inch NPT tapped and plugged pressure gauge connection shall be provided on the horizontal center line of the pump discha'rge outlet. The size and configuration of the connection shall conform to Figures 2.6.17 and 2.6.18 of the Hydraulic Institute Standards. The diameter of the pump column shall be uniform from �the pump pedestal to the bowl discharge. . The diameter and drilling of the pump discharge flange shall conform to ANSI/ASME B16.1, Class 125. The pump discharge shall terminate in a plain end for connection to existing with a harnessed mechanica! coupling. Outside diameter of the pump discharge shall match the outside diameter of the existing piping. Length of the pump disharge and the size and location of harness lugs shall be coordinated to match the size and location of harness lugs on the existing piping. 2-4.07. Suction Bowl Inlet. Each pump shall be equipped with a flared suction bowl inlet. � 2-4.09. Shaftinq. All shafting shall conform to the requirements of Sections A4 and A5 of the governing standard. Shaft diameter shall be not less than the minimum permitted for the applicable driver nameplate power rating. i An adjusting nut shall be provided at the top of the motor for raising or lowering the shafting to properly center the impellers in the bowls:` A coupling shall be provided in the shafting below the motor to permif removal of the motor without lifting it over the shaft. 2-4.11. Shaft Couplin4s. Shaft couplings shall transmit the maximum combina- tion of torque and thrust and shall maintain alignment between adjacent shaft sections. During assembly, anti-seize thread lubricant shall be applied to male threads of all threaded connections. I 2-4.13. Lineshaft Enclosin4 Tube. The entire length di the lineshaft below the pedestal shall be enclosed. The enclosing tube section� shall be internally threaded for fastening to and supporting each lineshaft bearing. The design of the threaded connections shall establish and maintain bearing alignment. (Fort Worth, Texas ) 11140 06/99 (Clear Fork Pump Station ) -9- (P.N.61796 ) 2-4.15. Antireverse Device. The pumping unit shall be provided with a suitable backstop, antireverse ratchet. 2-4.18. Anchor Bolts. The existing pumping units have 1 inch anchor bolts. If possible existing anchor bolts shall be re-used. The pump manufacturer shall field check and confirm the size, location, and adequacy of the existing anchor bolts. 2-5. REBUILDING OF EXISTING PUMPING UNITS. Each pumping unit to be rebuilt shall be disassembled and removed from the pumping station. Pumping units may not be removed during summer months. Pumps may be removed during winter months with the approval of the Owner and Engineer, or until one of the new pumping units has been installed and has completed a�eld operation test. At least 10 days notice shall be provided to the Owner and Engineer prior to removing the pumping units from service. The existing Clear Fork Pumping Station is normally not utilized during winter/low water use months (October thru April). The Owner may allow removal of both pumps during these months with prior written approval of a schedule for pump removal and rebuilding. The existing pump removal is included with the lump sum price for pump rebuild, and is to be accomplished by the Bidder. Bidder is cautioned that the existing Clear Fork Pump Station house crane in inopperable and may not be repaired prior to pump removal. The existing crane gantery is available for use by the bidder. Each pumping unit to be rebuilt shall be provided with new bowl assemblies and new motors. The remaining parts shall be inspected and reconditioned to like new conditions. Parts found to be defective shall be brought to the Owners attention. At the Owners option, the defective part shall be repaired, replaced or placed back in service. 2-5.01. Pump Column. Each section of pump column and enclosing tube shall be shop cleaned by blasting in accordance with the coating manufacturer's recommendations. All seams and welds shall be inspected and any deficiency brought to the attention of the Engineer. Flange faces shall be re-faced flat to 125 RMS and parrallel to 0.002 inches and checked for concentricity to 0.002 inches. All exterior and interior surfaces shall be painted with an epoxy coating system. Surfaces of flanges shall be coated with a rust preventitive compound. 2-5.02. Line-Shaftinq. Llne-shafting shall be inspected for wear, surface defects, and deformaties. All shafts shall be straightened to within a tolerance of 0.0005 inch per foot. The entire length of each shaft shall be resurfaced to remove any rust, surface scratches, or nicks. Ends of the shaft shall be checked for squareness. Inspect and dress shaft threads to a maximum (Fort Worth, Texas ) 11140 06/99 (Clear Fork Pump Station ) -10- (P.N. 61796 ) � l�J � l�J I�l l� � � L�J � permissible tolerance in the axial alignment of the thread axis with axis of the shaft of 0.002 inch in 6 inches. ' 2-5.03. Head Shaft. The existing head shaft may at the pump manufacturer's option be reconditioned and modified as required for the new motor or may be replaced with new shafting. 2-5.04. Shaft Couqlinas. Replace any damaged couplings. 2-5.05. Pump Bearinqs. Replace all lineshaft and stuffing box bearings. 2-6. SHOP PAINTING. All iron and steel parts which will be in contact with pumped liquid or submerged after installation, inc(uding the inside of the pump column and all exterior surfaces below the subbaseplate, shall be shop cleaned by blasting in accordance with the coating manufacturer's recommendations and painted with an epoxy coating system. The coating shall have a dry film thickness of at least 10 mils and shall consist of a prime (first) coat and one or more finish coats. At least 1 quart of the finish material shall be furnished with each pump for field touchup. All other surfaces shall be shop painted in accordance witt��the General Equipment Stipulations. 2-5. BALANCE. All rotating parts shall be accurately machined and shall be in p as nearly perfect rotational balance as practicable. Exces�ive vibration shall be sufficient cause for rejection of the equipment. The mass of the unit and its distribution shall be such that resonance at normal operating speeds is avoided. a In any case, the unfiltered vibration displacement (peak-to-peak), as measured at any point on the machine, shall not exceed 4 mils. A L�J � At any operating speed, the ratio of rotative speed to the critical speed of a unit or its components shall be less than 0.8 or more than 1.3: 2-6. DRIVE UNITS. 2-6.01. Electric Motors 480 Volt. Motors for units PS-1 „PS-2, PS-3 and PS-4 ashall be a vertical, hollow shaft, induction motor with a TEFC enclosure. Each motor shall be rated 460 volts, 3 phase, 60 hertz. Motors shall be insulated � with class F insulation and designed for Class B temperature rise with a 1.15 service factor rating. Motor efficiency shall not be less than 0.93 at full load as determined by test in accordance with IEEE Std. 112. L�' C '.I � (Fort Worth, Texas ) (Clear Fork Pump Station ) (P.N.61796 ) 11140 -11- 06/99 Motors for PS-2 and PS-4 shail be derated, as required, to compensate for harmonic heating effects and reduced self-cooling capability at low speed operations. Routine test in accordance with NEMA MG-1-12.51 shall be performed on the assembled motor. The motors shall be supplied with space heaters sized to prevent condensation on the motor core and windings. Space heaters shall be isolated and located to prevent heat damage to motor componants and adjacent painted surfaces. Space heaters shall be suitable for 120 volt ac single phase supply and supplied with an electrical disconnect. Motors shall be supplied with six 100 ohm platinum (2 per phase) resistance type stator winding temperature detectors embedded in the winding slots or at equally spaced locations of highest expected winding temperature and wired and connected as indicated on the drawings. Terminal boxes shall be provided with sufficient space for motor leads and space heater leads. A separate terminal box shall be provided for terminating RTD leads. Terminal boxes shall have terminals and conduit hubs sized for the conduit and cables indicated on the drawings. Bearings shall be effectively protected from contamination and dirt. Grease lubricated bearings shall be provided with relief facilities positively preventing overgreasing. Oil lubricated bearings shall be provided with clearly marked level reference for both running and at rest conditions. Motor bearings shall be antifriction type with an AFBMA L10 Life Rating of 40,000 hours. Motors shall have nameplates engraved with bearing and lubricant identity. Motor shaft bearings shall be antifriction type. Thrust bearings shall be plate or antifriction type and capable of extended operation at any upward and downward thrust loads imposed by the driven equipment throughout the operating range, including starting and stopping conditions. Antifriction bearings shall be designed and fabricated in accordance with AFBMA standards to have a minimum L10 Life Rating of 40,000 hours when operated under rated load conditions. Hand reset bearing temperature relays with two normally open contacts rated 3A at 120 volt ac wired to a terminal box shall be furnished on oil lubricated bearings. The contacts shall close upon high bearing temperature. Motors shall be provided with suitable lifting eyes or lugs. (Fort Worth, Texas ) ` 11140 06/99 (Clear Fork Pump Station ) -12- (P.N. 61796 ) l�l � � L�J � l�J � If the motor is not shop tested with the pump, certified motor efficiency data shall be furnished to the pump supplier based on tests conducted on the motor or an identical motor. Motors shall be provided with stabilizer (steady) bushings at the lower end of each motor. Bushings shall be of the same size and tolerance as the drive coupfings and shall give the motor the same mechanical characteristics as a solid shaft motor. 2-6.02. Adiustable Speed Drives. Pumping Unit Nos. 2 and 4 shall be furnished with an adjustable frequency drive. The design of each adjustable frequency drive shall be coordinated with the requirements of the pumping unit. The pump manufacturer shall be responsible for furnishing the adjustable frequency drive, for matching the motor and the drive, and for coordinating the collection of data and the design effort to limit harmonics to the levels specified. Adjustable frequency drives are covered in the adjustable frequency drives section. N a 2-7. SHOP TESTS. Each new and modified pump shall be tested at the factory for capacity, power requirement, and efficiency at minimum head, rated head, shutoff head or point of discontinuity, and at as manx other points as Q necessary for accurate performance curve plotting. Afl tests and test reports shall conform to the requirements and recommendations of'the Hydraulic Institute Standards. � � � � � u L�J � � The Engineer will witness shop tests, inspect and check th�e testing equipment used, and observe the calibration of pressure gauges and transducers. The Contractor shall furnish the Engineer a plan and elevation �sketch of the test setup showing the piping and instrumentation and shall notify the Engineer at least 10 days in advance of the time of each shop test. If the pump fails to operate properly or fails to meet the specified conditions or requirements during testing, the pump manufacturer shall modify the pump and perform additional tests. Provisions for the witnessing or observation of additional tests are covered in the General Equipment Stipulations. Five certified copies of a report covering each test shall be prepared by the pump manufacturer and delivered to the Engineer not less than 10 days prior to the shipment of the equipment from the factory. The report shall include data and test information as stipulated in the Hydraulic Institute Standards; copies of the test log originals; test reading to curve conversion equations; and calculated field performance curves, based on shop tests and corrected for head losses in afl portions of the pump column and for shaft bearing losses not included in the (Fort Worth, Texas ) 11140 06/99 (Clear Fork Pump Station ) -13- (P.N. 61796 ) shop tests. The curves shall include pump total head, driver output power, pump efficiency, rpm, and shop test NPSH available, plotted against capacity. The curves shall be easily read and plotted to scales consistent with performance requirements, with all test points clearly shown. When the pump is not tested at the rated speed, performance charts shall include both the test speed and the calculated speed curves. PART 3 - EXECUTION 3-1. INSTALLATION. Each pumping unit will be installed by others. 3-2. FIELD QUALITY CONTROL. 3-2.01. Installation Check. An experienced, competent, and authorized representative of the manufacturer shall visit the site of the Work and inspect, check, adjust if necessary, and approve the equipment installation. The representative shall be present when the equipment is placed in operation and shall revisit the job site as often as necessary until all trouble is corrected and the equipment installation and operation are satisfactory in the opinion of Engineer. The manufacturer's representative shall furnish a written report certifying that the equipment has been properly installed and lubricated; is in accurate alignment; is free from any undue stress imposed by connecting piping or anchor bolts; and has been operated under full load conditions and that it operated satisfactorily. All costs for these services shall be included in the Contract Price. 3-2.02. Field Installation Supervision. The equipment manufacturer shall furnish a qualified field installation supervisor during the equipment installation. Such services shall be included in the contract price for the number of days and round trips to the site as required. Manufacturers' installation supervisor shall observe, instruct, guide, and direct Contractor's erection or installation procedures as required. The equipment manufacturer will be provided with written notification 10 days prior to the need for such services. 3-3. FIELD TESTS. (Fort Worth, Texas ) 11140 06I99 (Clear Fork Pump Station ) -14- (P.N. 61796 ) � �I, � �I � � � � � � � � I � � i � � � 3-3.01. Field Operation Tests. After initial starfup under the� supervision of a qualified representative of the pump manufacturer, a preliminary running-in period will be provided for the equipment manufacturer to make field tests and necessary adjustments. The Owner will then operate the pumps for the seven consecutive calendar days. At the end of the specified period of operation, the pumping unit will be accepted if, in the opinion of the Engineer, it has operated•satisfactorily without excessive power use, wear, or need for lubrication, or requiring undue attention; and if all its.rotating parts operate without excessive vibrati,on or noise at any operating head, including shutoft head. End of Section (Fort Worth, Texas ) (Clear Fork Pump Station ) (P.N. 61796 ) 11140 -15- 06/99 � L�J L�J lJ LJ a u L�J L�J u �� I' � � � L�J � Section 13800 PUMP STATION MODEL TESTING 1. SCOPE. This section covers design and test procedure for pump station model testing. 2. GENERAL. The objective of the model testing is to tletermine the compatibility of the proposed and re-buitt pumping units with the existing pumping station inlet, screen chambers, wetwell, and pump intake. The model tests shall examine existing conditions and if required, propose corrective action. Corrective actions shall be restrictetl to non-structural improvement within the wetwell. Corrective actions to be considered may include but shall not be limited to the installation of baffles, grating, and fillets. . 2-1. Governina Standards. Definitions of terms and other hydraulic considerations shall be as set forth in the Section 9.8.5 of the Hydraulic Institute Standards. 2-2. Coordination. The pump manufacturer shall be responsible for the design, coordination, testing of the model over the full operating range, and shall coordinate testing activities with Owner and Engineer. The pump manufacturer will also provide airline'and appropriate ground transportation from Fort Worth, Texas (if testing location is outside North Texas area) and overnight accomidations if necessary for two people to witness pump station model testing at the testing facilities. 3. PROJECT CONDITIONS. Time is of the essence in the model test. In order for recommended improvements to be incorporated into the final general constructivn contract, the model test must be completed byNovember 1, 1999. Therefor, the model test shall be conducted in an expeditious manner. 4. MODEL. A scale model of the pumping station wetwell and intake shall be constructed. The model shall be based on the plan and section, Sheets 3 and 6 includetl in the Appendix and a complete set of pumping station drawings which will be furnished at the time of Notice to Proceed. � Model scale and construction shall be in accordance with the governing standard. The walls and floor of the models shall be constructed to facilitate changes of ,design flow patterns in the stations. The model shall be fabricated with sides, bottom, and movable surfaces of transparent material or with solid material with sufficient size and number of windows to illuminate and facilitate visual studies of all flow patterns including surface and subsurface vortices. (Fort Worth, Texas) 13800 6/99 (Clear Fork Pump Station) -1- (PN 61796) The model shall be providetl with mockups of bar screens, sluice gates, and pump suction inlets. Only one side of the station will be required to be modeled. A stilling basin shall be provided ahead of the model and shall be of such size and arrangement as to produce the design intake entrance velocity profile and to minimize aeration. The water depth shall be directly proportional to the model ratio. 5. QUALITY ASSURANCE. 5-1. Model Testinp. The purpose of the model testing program is determine required wetwell improvements to obtain the following �resuits: a. Obtain a flow profile through th� screen chamber approach channel which will result in effective use of the screen a �ea. b. Obtain a uniform flow profile though the 48 by 54 inch wetwell entrance sluice gates. c. � e. Obtain a reasonable flow velocit� profile symmetry at the pump inlet and to limit pre- rotation to I Determine the minimum wetwell �ubmergence to assure a freedom from sustained vortexing. � Meet the acceptance criteria of t e governing standard. 5-2. Testinp Procedure. 7he model test sh�,all include, but shall not be limited to the following. a. Test with the variable speed pum pI at 10,000; 15,000; 20,000; and 25,000 gpm. . 'I b. Test with constant speed pump at� 21,000 gpm and 25,000 gpm. c. Test with the constant speed operl ting at 25,000 gpm and variable speed pumps operating 10,000; 15,000; 20,000; nd 25,000 gpm. d. Test with the various combinations Iwith the wetwell level at the maximum and minimum levels. i e. Determine for the various combination, the minimis acceptable wetwell level. � f. Test sections at the screens and sli�ice gates and at any other place that may affect the velocity and flow symmetry at t�ese points. � I (Fo�t Worth, Texas) 13800 6/99 (Clear Fork Pump Station) -2- (PN 61796) � � lil C �' Li' � -� I�j A video tape recording shall be furnished to the Engineer as part of the test report to justify and aid in any modification design to the pump station. .� 5-3. Pre-Witness Tests. A sufficient number of test shall be conducted with the in its existing state to determine whether it meets the acceptance criteria. If the model fails to meet the acceptance criteria, corrective measures shall be made to the motlel and additional tests performed. Upon satisfactory completion of the tests by #he model tester, the Engineer shall be notified that model tests may be witnessed. 5-4. Witness Tests. The Engineer and Owner will witness documentation testing. The purpose of the witness test is to demonstrate to the Engineer that the �est setup effectively models the existing wetwell and whether or not the existing pumping station meets the acceptance criteria. A sufficient number of tests shall be conducted to show the adequacy or deficiency of the existing pumping station. Appropriate transportation and accomitlations for two people from Fort Worth, Texas to the model testing location will be provided by the pump manufacturer. � If improvements are required to meet the acceptance criteria, the model shall be operated with the recommended improvements to demonstrate the adequacy of the proposed solutions. If in the opinion of the Engineer, adjustments are required in the recommended changes due to � construction of operationaf limitations, the changes shall be made and additional tests conducted. lJ � In order to verify the homology between the model and the prototype, the test lab shall provide for the witness access to, and instruments for the measurement or photographing of any part of, the model or test setup. InsVuments shall include, but shall not be limited to, devices for measuring velocity, dye tracers to check flow patterns, and scales for.,measuring dimensions. 5-5. Final Documentation tests. Final documentation tests shall be conducted to include all � required tests, plus any additional testing done during the witness testing, or required as a result of changes made during the witnessing testing. Q 6. SUBMITTALS. 6-1. Drawinas and Data. Within 14 days after Notice to Proceed, a model test procedure ashall be submitted to the Engineer. The model test procedure shall include a dimensional sketch of the model showing the scale dimensions of the pumping station and the location of � instrumentation and viewing windows. The model test procedure shall also include a description of the devices to be used for observing the flow patterns��to the pump inlets. � Q6-2. Model Test Renort. Six copies of the model test report shall be submitted to the �!'� �� (Fort Worth, Texas) . (Clear Fork Pump Station) (PN 61796) 13800 -3- 6/99 Engineer for review within 21 days of the witness test. 7he report shall include a complete description of the model with photographs of the test setup. A complete description of all pre- witness and witness tests supplemented by photographs of flow phenomena, where possible. Two copies of a video tape of the tests shall be included in the report. The report shall include recommendations by the pump manufacturer for any changes necessary for proper operation of the pump under all conditions tested. The report shall also recommend pump-to-floor clearance. The pump model shall be preserved until the model test report has been reviewed and accepted. End of Section (Fort Worth, Texas) 13800 6/99 (Clear Fork Pump Station) _4. (PN 61796) � �� l�l L�J �� L! � L�J L�J L+�l � L�J � �I Section 16150 ADJUSTABLE FREQUENCY DRIVES PART 1 - GENERAL 1-1. SCOPE. This section covers ac voltage source, pulse width modulated (PWM) type adjustable frequency drives for the equipment listed in the schedule at the end of this section. 1-2. GENERAL. Equipment provided under this section shall be fabricated, assembled, erected, and placed in proper operating condition in full conformity with specifications, engineering data, instructions, and recommendations of the equipment manufacturer, unless exceptions are noted by the Engineer. Unless otherwise indicated on the drawings, one adjustable frequency drive, complete with all required control components, shall be furnished for each motor. � The new adjustable frequency drives will be Allen-Bradley, Reliance or Cutler Hammer. The products of other manufacturers will not be acceptable. Drives shall be manufactured and assembled in their entirety at the manufacturer's factory. Systems fabricated or assembled in whole or in part by parties other than the drive manufacturer will not be acceptable. 1-2.01. Coordination. The design of each adjustable frequency drive shall be coordinated with the driven equipment. The manufacturer of the driven equipment shall be responsible for furnishing the adjustable frequency drive, for matching the motor and the drive, and for coordinating the collection of data and the design effort to limit harmonics to the levels specified. 1-2.02. General Equipment Stipulations. The equipment furnished under this section shall conform to the General Equipment StipulatiQns. � 1-2.03. Governin4 Standards. Each adjustable frequency drive shall be designed, constructed, and tested in accordance with the applicable standards of NEMA, ANSI, UL, and IEEE, and shall be designed for installation in accordance with the NEC. The drives shall be UL or ETL listed. (Fort Worth, Texas) (Clear Fork Pump Station) (PN 61796) 16150 -1- 06/98 1-2.04. Nameplates. All devices mounted on the face of each drive shall be provided with suitable nameplates. Push buttons, selector switches, and pilot lights shall have the device manufacturer's standard legend plate. All other devices shall have an engraved, laminated plate, with at least 3/16 inch high, black lettering on a white background. 1-3. DESCRIPTION. Each drive shall produce an adjustable ac voltage/frequency output and shall be equipped with an output voltage regulator to maintain correct output V/Hz despite incoming voltage variations. 1-3.01. Six-Pulse Drives. Each six-pulse drive shall be of the pulse-width modulated type and shall consist of a full-wave diode or gated-open SCR bridge. The rectifier shall convert incoming fixed voltage and fixed frequency to a fixed dc voltage. The pulse-width modulation technology shall be of the space vector type, implemented in a microprocessor which generates a sine- coded output voltage. The drive inverter output shall be generated by insulated gate bipolar transistors (IGBT) which shall be controlled by six identical base driver circuits. The drive shall not induce excessive power losses in the motor. The worst case RMS motor line current measured at rated speed, torque, and voltage shall nnt exceed 1.05 times the rated RMS motor current for pure sine wave operation. 1-3.02. Ei4hteen-Pulse Drives. Each eighteen-pulse drive shall be of the pulse-width modulated type and shall consist of an 18-pulse, full-wave diode or gated-open SCR bridge. The rectifier shall convert incoming fixed voltage and fixed frequency to a fixed dc voltage. The pulse-width modulation technology shall be of the space vector type, implemented in a microprocessor which generates a sine-coded output voltage. The phase shifting transformer required to produce the phase shifted input to the 18-pulse rectifier shall be factory wired and mounted within the drive enclosure as an integral part of the drive assembly. External transformers shall not be required. The drive inverter output shall be generated by insulated gate bipolar transistors (IGBT) which shall be controlled by six identical base driver circuits. The drive shall not induce excessive power losses in the motor. The worst case RMS motor line current measured at rated speed, torque, and voltage shall not exceed 1.05 times the rated RMS motor current for pure sine wave operation. 1-4. SUBMITTALS. Complete drawings, details, and specifications shall be furnished in accordance with the submittals section. (Fort Worth, Texas) 16150 06/98 (Clear Fork Pump Station) _2_ (PN 61796) � � a � � a � D D � Q � � � � a � 1 � 1-4.01. Shop Drawinq Submittals. The shop drawing submittals shall inclu'de the following information for each size and type of drive being furnished. a. Name of manufacturer. b. Types and model numbers. c. Rated drive input kVA and output kVA. d. Percent efficiency at 100 percent speed and 60 percent speed. e. Maximum Btu heat release data and verification of the drive cooling requirements. f. Total weight and lifting instructions, height, mounting, and floor space required. , g. Panel interior and front and side exterior view details showing maximum overall dimensions of any and afl of the following equipment required by this specification: transformer bypass contactor ac line filter ac line reactor output filter drive assembly � � h. Schematics, including all interlocks. i. Wiring diagrams, including all internal and external devices and terminal blocks. j. Locations and sizes of electrical connections, ground terminations, and shielded wires. k. List of diagnostic indicators. I. List of fault and failure conditions which the drive can recognize and indicate for simultaneous occurrence. m. List of standard features and options. n. List of spare parts to be furnished. (Fort Worth, Texas} (Clear Fork Pump Station) (PN 61796) 16150 -3- n 06/98 o. Harmonic calculations by the drive manufacturer at the points of common coupling. Detailed drawings and information showing how protection is applied to comply with harmonic limits. Q 0 Input line protection model numbers and manufacturer's data sheets. Output filter model number and manufacturer's data sheets. r. Submit a detailed harmonic testing plan. The test plan should include instruments to be used, verification of testing locations for voltage and current harmonic metering, verification of maximum allowable voltage and current distortion, and drive load and speed test parameters. 1-4.02. Operation and Maintenance Manuals. Adequate operation and maintenance information shall be supplied. Operation and maintenance manuals shall be submitted in accordance with the submittals section. The operation and maintenance manuals shall include the following information for each size and type of drive being furnished. a. Manufacturer's operation and maintenance manual for each size of adjustable frequency drive. b. Manufacturer's standard manuals for each size and type of bypass contactor, line reactor, and filter. c. �i Schematics, wiring diagrams, and panel drawings in conformance with construction record. Model numbers and up-to-date cost data for spare parts. e. Troubleshooting procedures, with a cross-reference between symptoms and corrective recommendations. f. � Connection data to permit removal and installation of recommended smallest field-replaceable parts. Information on testing of power supplies and printed circuit boards and an explanation of the drive diagnostics. 1-5. SPARE PARTS. The drive manufacturer shall provide spare parts with a combined cost equal to at least 10 percent of the cost of a single drive for each type and size of drive supplied. The spare parts shall include at least one complete set of all plug-in components for each size and type of drive, and may include the following, as directed by the Engineer: (Fort Worth, Texas) 16150 06/98 (Clear Fork Pump Station) -4. (PN 61796} '� � �'� u � Power fuses ' Control fuses indicating lights Rectifier power semiconductors • Inverter power semiconductors One of each type printed circuit board and gate firing board Other field-replaceable component parts �, � � Spare parts shall be suitably packaged in accordance with the General Equipment Stipulations, with labels indicating the contents of each package, and shall be delivered to the Owner. ' � PART 2 - PRODUCTS � 2-1. PERFORMANCE AND DESIGN REQUIREMENTS,' 2-1.01. Performance. Each adjustable frequency drive controller shall be of � sufficient capacity and shall produce a quality output waveform for stepless motor control from 1 to 100 percent of base speed. Each adjustable � frequency drive shall be suitable for either constant torque (CT) or variable torque (VT) loads as specified in the schedule at the end of this section. The requirements of the driven equipment are covered in the respective sections n listed in the schedule. Each adjustable frequency drive•shall meet the U following ratings and parameters: L■J � �� 1 lal � Input voltage and frequency Minimum drive efficiency Ambient temperature � �! � � Relative humidity (Fort Worth, Texas) (Clear Fork Pump Sta6on) (PN 61796) 16150 -5- 460 volts (t10 percent); 3 phase, 60 Hz (t3 Hz); imbalance, 2 percent maximum. � Continued operation with additional momentary 25 percent voltage dip of 0.5 second duration from nominal input voltage level. 95 percent at,100 percent speed, 90 percent at`60 percent speed. -10 to 40°C. 0 to 95 percent non-condensing. 06/98 Displacement power factor Drive service factor Overcurrent capability 95 percent or higher throughout the entire operating speed range, measured at drive input terminals. 1.0. 110 percent for 1 minute for variable torque; 150 percent for 1 minute for constant torque. Volts/Hz ratio Voltage varies as the square of frequency over the entire range of the unit for variable torque drives, constant over the entire range of the unit for constant torque drives; except under voltage boost condition. Acceleration/deceleration time Adjustable over a range that meets the requirements of the driven equipment. Output speed regulation Output frequency stability 0.5 percent. 0.1 percent of nominal. 2-1.02. Adiustments. The following drive adjustments shall be provided: Maximum speed. Minimum speed. Linear acceleration time. Linear deceleration time. VoltslHz ratio; linear, squared, and automatic settings. Voltage boost. Process follower gain, offset, and bias. Torque limit. (Fort Worth, Texas) 16150 06/98 (Clear Fork Pump Station) .g_ (PN 61796) � U 0 U � a � a � � D Q � � � D � � a Critical frequency avoidance with adjustable bandwidth�f, � 2-1.03. Fault Protection. The design of the power circuit shall include provi- sions for protection against fault conditions as follows. i 2-1.03.01. Input Protection. : High speed current limiting fuses rated 200,000 AIC, specifically designed for solid state applications. Solid state instantaneous overcurrent trip set at 180%. � Adjustable overvoltage and undervoltage protection wi�h automatic restart. Phase los§ and reverse phase trip with manual restart., 2-1.03.02. Internal Protection. AC line, phase-to-phase transient voltage surge suppression utilizing metal oxide varistors. Drive shall meet the requirements of (�EE C62.41. Power device snubbers. Power devices rated 2.5 times line voltage. Instantaneous overcurrent. Static overspeed (overfrequency) protection. DC bus overvoltage trip. � � ; DC bus discharge circuit with an indicator lamp, for protection of personnel. Individual transistor overtemperature and overcurrent Fprotection. Control logic circuit malfunction indication. ' a� 2-1.03.03. Output Protection. Inverse-time motor overload protection adjustable from 10 percent to 100 percent. Overvoltage protection. (Fort Worth, Texas) 16150 06/98 (Clear Fork Pump Station) _7_ (PN 61796) a Overfrequency protection. Short circuit protection (three phase, phase to phase, and ground fault protection). _ Protection against opening or shorting of motor leads. Static overspeed protection. Stall protection on overload with inverse time overcurrent trip, adjustable current limit from 10 percent to 120 percent. 2-1.04. Harmonic Distortion Protection. Each adjustable frequency drive shall be provided with the necessary equipment to protect the drive and the power system ahead'of the drive from harmonic distortion, as recommended in IEEE 519, 1992. The drive shall operate satisfactorily when connected to a bus supplying other solid-state power conversion equipment which may be causing up to 10 percent total harmonic voltage distortion and commutation notches up to 36,500 volt- microseconds. ' 2-1.04.01. Current Distortion Limits. Maximum allowable total and individual harmonic current distortion limits for each odd harmonic shall not exceed limits set forth in IEEE 519, 1992. The utility connection shall be the primary point of common coupling for current distortion. The utility short circuit current at the utility interface is to be furnished at a later date. The total maximum running amperes of all equipment powered from the utility connection is 1400 Amperes. 2-1.04.02. Voltaqe Distortion Limits. Individual or simultaneous operation of the drives shall not add more than 5 percent total harmonic voltage distortion to the normal bus, as recommended in IEEE 519, 1992. 2-2. ACCEPTABLE MANUFACTURERS. All drives shall be pulse-width modulated type, as manufactured by Cutler Hammer, GE, or Toshiba. The products of other manufacturers will not be acceptable. All adjustable frequency drives shall be a product of the same manufacturer. The General Contractor shall be responsible for selecting the single drive manufacturer of all drives listed in the schedule at the end of this Section. 2-3. CONSTRUCTION. (Fort Worth, Texas) 16150 06198 (Clear Fork Pump Station) -8- (PN 61796) I�l I�I u u � I�� I� �� I�� LJ {Ri � � 2-3.01. Fabrication and Assemblv. Each adjustable frequency drive system shall be shop assembled in a single enclosure using interchangeable plug-in printed circuit boards and power conversion components �wherever possible. Shop assembly shall be performed by the drive manufacturer; systems fabricated or assembled in whole or in part by parties other than the drive manufacturer will not be acceptable. Changes to the drive manufacturer's product by a distributor or system integrator are not allowed. Input line reactors, phase shifting transformers, fuses, circuit breakers, input filters, and output filters, where required, shall be mounted within the drive enclosure, without exception. Isolation/voltage matching transformers, where required, may be encfosed separately from the remaining drive equipment. 2-3.02. Wirin . Internal cabinet wiring shall be neatly installed in wireways or with wire ties where wireways are not practical. If wire ties are used, the wire bundles shall be held at the back panel with a screw-mo�nted mounting base. Bases with a self-sticking back are not acceptable. Power entry and exit shall be through the top of each drive. t Terminal blocks shall be nonbrittle, interlocking, track-mounted type, complete with a marking strip, covers, and pressure connectors. Screw terminals will not be acceptable. A terminal shall be provided for each conductor of external circuits, plus one ground for each shielded cable. In freestanding panels, 8 inches of clearance shail be provided between terminals and the panel base for conduit and wiring space. Not less than 25 percent spare terminals shall be provided. Terminals shall be labeled to agree with the identification on the submittal drawings. Each control loop or system shall be individually fused, clearly labeled, and located for ease of maintenance. . All grounding wires shall be attached to the sheet metal enclosure with a ring � tongue terminal. The surface of the sheet metal shall be prepared to ensure good conductivity and corrosion protection. L�J � L�J � L�1 u Wires shall not be kinked or spliced and shall be color coded or marked on both ends. The markings or color coding shall agree with the submittal drawings. With the exception of electronic circuits, all interconnecting wiring and wiring to terminals for external connection shall be stranded copper, insulated for at least 600 volts, with a moisture-resistant and flame-retardant covering rated for at least 90°C. 2-3.03. Enclosures. The drive shall consist of factory mounted and wired components within a dead front, grounded, NEMA Type�1 enclosure. The (Fort Worth, Texas) (Clear Fork Pump Station) (PN 61796) 16150 -9- 06/98 complete drive package, including accessories, shall fit into the space indicated on the drawings. Freestanding panels shall be switable for mounting on a concrete housekeeping pad and shall include provisions for anchoring to the supporting structure. Suitable lifting facilities shall be provided for handling and shipment. Relays, terminals, and special devices inside the control enclo"sure shall have permanent markings to match the identification on the manufacturer's wiring diagrams. 2-3.04. Shop Paintinq. All iron and steel surfaces, except machined surfaces and stainless steel, shall be shop cleaned in accordance with the coating manufacturer's recommendations, and finished with the drive manufacturer's standard coating. Finish color shall be medium gray or the manufacturer's standard color. Dry film thickness of the finish coat shall be at least 4 mils Field painting, other than touchup, will not be required. A sufficient quantity of additional coating material and thinner shall be furnished for field touchup of damaged coatings. 2-4. ACCESSORIES. 2-4.01. Warnina Nameplate. /� warning nameplate shall be mounted on drive to warn the operator to trip the circuit breaker before performing any maintenance. 2-4.02. AC Line Reactors. Each six-pulse drive shall be supplied with an input AC line reactor. AC line reactors shall be designed to address performance issues of NEMA MG1-20.55 and to provide proper transient protection of the drive input power devices. AC Line reactors shall be factory mounted and wired within the drive enclosure. AC line reactors shall be K-rated per IEEE C57-110 and sha(I be TCI Model KLR, or equal. 2-4.03. Harmonic Filters. The drive manufacturer shall provide the required filters. The harmonic filters shall utilize an interlocking contactor which shall be automatically operated by the drive run circuit. The drive manufacturer shall be responsible for the complete filter unit, including the filter contactor and all cable and conduit between the filter and the drive. Harmonic filters shall be TCI HarmonicGuard Series, or equal. 2-5. CONTROLS. 2-5.01. Features. Each adjustable frequency drive shall include the following features in addition to those indicated on the drawings: (Fort Worth, Texas) 16150 (Clear Fork Pump Station) -10- (PN 61796) 06/98 � � � C�'� � � � b. Microprocessor-based regulator. Nonvolatile memory modules shal( have a useful life of at least 20 years without requiring battery or module replacement. j� I� I'�iJ � L■J LJ c. Input thermal-magnetic or motor circuit protector type molded-case circuit breaker disconnect rated 22,000 amperes RMS symmetrical interrupting capacity. Circuit breakers shall be labeled in accordance with UL standard 489. The circuit breakers shall be mounted inside the controller enclosure and shall have door interlocks and a handle with provisions for padlocking in the "Off' position. , � e. a. A door mounted membrane keypad with integral 2-line, 24 character minimum LCD display which is capable�of controlling 'the drive and setting drive parameters. The keypad module shall ��e programmed with factory set drive parameters in nonvolatile EEPROM or FLASH memory and shall be resettable in the field through the keypad. The keypad module shall contain a self-test software program which can be activated to verify proper keypad operations. lnput line high-speed, current limiting fuses rated 200,000 amperes interrupting and specifically designed for solid-state applications. Manual speed adjustment. f. Indication of power "On", drive "Run", and drive "FaulY'. Indication of � these parameters shall be provided by pilot lights which utilize 6 volt LED lamps with built-in transformers. Lamps shall be easily replaceable from the front of the indicating light. l�l 0 Elapsed time meter. � h. Speed indication - calibrated in motor rpm. i. Control circuits of not more than 115 votts supplied by internal control 4 power transformers. Control power transformers shall have additional capacity as required by external devices indicated on the drawings. � Control power transformers shall be equipped with� two primary leads fused, one secondary lead fused, and one secondary lead grounded. � I�I L■J I� s j. Automatic controller shutdown on overcurrent, overvoltage, undervoltage, motor overtemperature and other dr'ive fault conditions. Controller shutdown shall be manually reset type., Incoming terminals shall accept wiring from a motor protection relay located in the drive enclosure. (Fort Worth, Texas) (Clear Fork Pump Station) (PN 61796) 16150 -11- 06198 k. Diagnostic indicators that pinpoint failure and fault conditions. � Indicators shall be manually reset to restore operation after abnormal shutdown. Isolated process follower with offset, gain, and span adjustment for accepting a remote 4-20 mA speed control signal rated 0 to 100 percent speed. m. Process control output for remote 4-20 mA speed indication, rated 0 to 100 percent speed. n. Spare interlock contacts rated 5 amperes at 120 volts ac, wired separately to the .unit terminal board. One NO and one NC isolated spare interlock shall be furnished with each drive. Additional interlock contacts shall be provided as indicated on the drawings. o. Drive fault and run status contacts for remote indication, rated 5 amperes at 120 volts ac. p. Speed droop feature which reduces the speed of the drive on transient overloads. The drive shall return to set spesd after the transient is removed. If the acceleration or deceleration rates are too rapid for the moment of inertia of the load, the drive shall automatically compensate to prevent drive trip. r� r s Heavy duty, oil-tight pilot devices of the 30.5 mm type. Individual adjustable speed profile settings for start, stop, entry, slope, and minimum and maximum speed points. Coast, controlled ramp, or dc injection selectable modes of stopping. t. Adjustable PWM carrier frequency. The inverter output section shall be provided with adjustable PWM carrier f�equency from 500 Hz to 10 kHz. 2-5.02. Diaanostics. Diagnostic indicators on the face of the drive shall display the type of fault responsible for drive shutdown, warning, or failure. If two or more faults occur simultaneously, the diagnostic segment shall record or indicate each condition. The drive shall be capable of storing 15 events with a time and date stamp for each event. 2-5.03. Motor Protection Relay. A three phase modular electronic relay to protect motors against overloads (51/49), acceleration time, RTD (Fort Worth, Texas) 16150 06/98 (Clear Fork Pump Station) _�2_ (PN 61796) �I f•i � � !J l�■I � overtemperature (49), negative sequence current (46), adjustable cu�rent unbalance (46), phase loss (46), multiple starts (48), short circuit (50), ground fault (50G/51 G), hot motor compensation, undercurrent minimum load (37), phase reversal (46), adjustable lockout on thermal trip, and, mechanical jam shall be incorporated into a single field-programmable package. The following alarm features shall afso be included: motor overload, stator RTD alarm, ground fault alarm, undercurrent alarm, unbalance alarm, thrust and guide bearing RTD alarm, broken RTD alarm, and self-test alarm. Other features shall include alphanumeric display, actual motor values display, status indication, analog output load amperes, analog output motor thermal capacity, and analog output stator temperature. The relay shall be Multilin "269 Plus Motor Management Relay." ,, 2-6. TESTING. All power switching components shall be °prerun under anticipated operating temperature and load conditions. 2-6.01. Factory Testinq. After�the drive system has been assembled at the � manufacturer's facility, it shall be tested for at least 24 hours before it is shipped. � �I LJ .,�1 i�� J I�I � L�J � J L�J The complete drive system, including all peripherals, shall be factory tested under simulated operating conditions, including normal operating sequences and fault conditions. Contact closure inputs and simulated driven-outputs shall be connected to the system input/output modules. A test report summary indicating satisfactory final test results shall be submitted to the Engineer before shipment of the equipment. PART 3 - EXECUTION 3-1. INSTALLATION. Equipment shall be installed in a�cordance with the equipment manufacturer's recommendations. 3-2. TESTING. 3-2.01. Field Acceptance Testina. After installation of th� system at the site of the work and checkout by the drive manufacturer, a field acceptance test shall be conducted jointly by the drive manufacturer and the m,�anufacturer of the driven equipment. The field acceptance test shall consist of repeating the factory acceptance testing procedure and an additional 5 days of similar testing, during which the system shall run continuously without loss of basic functions. Functional tests shall demo�strate satisfactory operation of all interlocks, �alarms, and normal (Fort Worth, Texas) 16150 (Clear Fork Pump Station) -13- (PN 61796) ;�I:��'%3 operating sequences. The drive manufacturer shall use suitable test equipment to identify and correct malfunctions. Failure of redundant equipment will not be considered as downtime, provided that automatic failover occurs as specified herein and, that in fhe opinion of the Engineer, the failure was not caused by deficiency in design or installation. Repeated failure of any component shall be cause for the acceptance test to be terminated and restarted. 3-3. TRAINING OF OWNER'S PERSONNEL. Following completion of the installation and field testing work, 5 employees of the Owner shall be trained in the proper operation, troubleshooting, and maintenance of the equipment. Training shall be conducted by a quaiified representative of the drive manufacturer and shall consist of at {east 16 hours of combined classroom and hands-on instruction. Training shall be conducted at a place and time mutually agreeable to the Owner and the drive manufacturer. 3-4. ADJUSTABLE FREQUENCY DRIVE SCHEDULE. Driven Equipment Designation P S-2 PS-4 (Fort Worth, Texas) (Clear Fork Pump Station) {PN 61796) Driven Equipment Section Service 11140 raw water 11140 raw water End of Section 16150 -14- Number Required VTlCT 1 CT 1 CT Power Supply, volts 480 480 06/98 � � LL H � Q a � � Z O m � � � � _ � � R�-- -..J i_ 4 't � � � _ � � � � J 4 � � � � 0 � � � � � D � � � a � � a 0 0 0 � I M P O R T A N T N O T I C E - - - - - - - - - - - - - - - TO OBTAIN INFORMATION OR MAKE A COMPLAINT; YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES; COVERAGES, RIGHTS OR COMPLAINTS AT: 1-600-252-3439 YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE: P.O. BOX 149104 � AUSTIN, TEXAS 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLP.IM DISPUTES: SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE , {' ATTACH THIS NOTICE TO YOUR POLICY THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT. DPERFORMANCE BOND C C § � Bond No. CC-24853 � KNOW ALL MEN BY THESE PRESENTS: That tive (1) Phoenix Pump, Inc. ,a (?) Corporation pf Texas , � hereinafter called Principal, and (3) Cumberland Casualty & surety Company �,� � � � � I�J u � l■! THE STATE OF TEXAS COUNTY OF TARRANT 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 existin� under the laws of the State of Texas, hereinafter called Owner, in the penal sum of: . Five Hundred Thousand and no/100----------------------=------------------ ($ 500 , 000 . 00 ) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereb� bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGAT�ON is such that Whereas, the Principal entered into a certain contract with the City bf Fort Worth, the Owner, dated. the /�� day of �j��, , A.D. 19�, a copy of which is hereto attached and made a part hereof, for the construction of:- � CLEAR FORK RAW WATER PUMP STATION IMPROVEMENTS EQUIPMENT PRESELECTION & PUMP STATION,MODEL TESTING designated as Project No.(s) PW��-060770160150 , a copy of Owhich CI f�J �■11 � C contract is hereby attached, referred to, and made a part hereof as full_y and to the same extent as if copied at length herein, such project and consty`uction being hereinafter referred to as the "work". �� - NOW THEREFORE, if the Principal sk�all well, truly, and faithfully perform the work in accordance with the plans, specifications, and contract documents during the original term thereof, and any extensions thereof which may be �.:ranted by the Owner. with or without notice to the Surety, and he shall satisfy all claims and demands incurred under the contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may ;incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. F-1 � PROVIDED FURTHER, that if any legal action be filed upon this bond, venue ashall lie in Tarrant County, State of Texas. + AND PROVIDED FURTHER, that the said Surety, for value received, hereby � stipulates and agrees that no charge, extension of time, alteration^ or addition to the terms of the contract or to the work to be performed thereundet, or the specifications a 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�1 l�.'� l!I'� �'.� �� l�l L+�.' C, C C' �I � L�J IN WITNESS WHEREOF, this instrument is executed in,six counterparts each one of which shall be deemed an original, this the G� day of {�ja i• , A.D., 19�. +r ATTEST: By: � /� (Principle) Secre�ary (S E A L) By: , W' nes s � rincipal Address ATTEST: Phoenix Pump, Inc. PRINCIPAL, (4) BY: ��G��.v 7171 Awy. 6 North, Suite 104A Houston, Texas 77095 (Acldress) � Cumberland Casualty & Surety Company Surety .t � , BY i�.�� - Seal) (Attorney-in-fact) (5) Bruce c. DeHart By: (Surety) Secretary Gina C. Dowling ��) sy: Witness as to Surety Rosalyn D. Hassell 8820 Will Clayton Pkwy. �AddfeSS� Humble, '1'X / /.i38 8150 Brookriver Drive, Suite S303 Dallas, Texas 4w75247 (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 the case may be (3) Correct name of Surety (4) If Contractor is Partnership, all Partners should execute Bond (5) A True copy ,of Po�ver of Attorney sllail be attached fo Bond by Attorney-in-fact F-2 ' CUMBE1tLAND CASUALTY & SURETY COMP�NY � � � v � � �� TAMPA, FLORIDA PRINCIPAL: Phoenix Pump, Inc. 7171 Hwy. 6 North, Ste. 104A, Houston, Texas 77095 (STREET ADDRESS) (CITY) CONTRACT AMOUNT: $500,000.00 POWER OF ATTORNEY EFFECTIVE DATE: ��'� g . (STATE) fZIP CODE) AMOUNT OF BOND: $ 500,000.00 POWER NO. CC — 248�a� POWER USED FOR BOND N0. CC-24853 KNOW ALL MEN $Y THESE PRESENTS: That Cumberland Casualty & Surety Company, a corporation duly organized under the laws of the State of Florida, having its principal off'ice in the City of Tampa, Florida, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 15th day of April, 1999, to wit: "Resolved, that the President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as attorney(s)-in-fact, such persons, firms, or corporations as may be selected from time to time. Be it Further Resolved, that the signature of the President, Secretary and the Seal of [he Company may be affixed to any such Power of Attorney or any certiticate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or consents for the release of retained percentages and/or final estimates on engineering and construction contracts or similar authority or undertaking to which it is attached." Cumberland Casualty & Surety Company does hereby make, constimte and appoint Bruce C. Dehart or Edward L. Moore David R. Groppell or Rosalyn D. Hiassel9 or 12egina C. Dowling or 1Vancy'Y'. Tanko its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed ($2,000,000.00) dollars. And to bind Cumberland Casualry & Surety Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of Cumberland Casualty & Surety Company, and all the acts of said attorney(s)-in-fact pursuant to the authority herein given, and hereby ratified and confirmed. IN WITNESS WHEREOF, Cumberland Casualty & Surety Company has caused these presents to be signed by an officer of the Company and its Corporate Seal to be hereto af�xed. �,,,,,.� CUMBE LAND C, SU LTY & SURE Y COMPANY � �w►�.,''�''� � .E.E:�d'-tc�'l ^ � SEAI. s . �..-f.Gv�- :��.(:c _ f',J _ � dward J. E enfield IV, President ��' �a�n6►� ~� .� STATE OF FLORIDA ) � ) SS COUNTY OF HILLSBOROUGH) On this 15th day of Aprii, A.D. 1999, before me personalty came Edward J. Edenfield IV, to me known, who being by me duly sworn did f.. depose and say; that he resides in the County of Hillsborough, State of Florida; that he is President of Cumberland Casualty & Surery Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto � by like order. �. ,w��oT"'^'�. .�P�YP�/B Beverly Ann Jerry o r'�'�� *� z° (�1 ��Commission # CC 758667 ''"""` � aQ Expires August 22, 2002 � � n�a �' y � . ,. 2 � � BONDED THRU �'a �ono'Go� Of F� ATLANTIC BONDING CO., INC �'��uGH /"� , ,titi.t%��.�YL-'✓L�- �-,ti�.�, everly Ann Je�rf�y Q My commission expires STATE OF FLORIDA ) ) SS COUNTY OF HILLSBOROUGH) I, the undersigned, Secretary of Cumberland Casualty & Surety Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. � C Signed and Sealed at the City of Tampa. ►'s S `oY�••�� S�r. � �J r� �iE16'� Dated the day of - , . {'� � / ' '% /' i '1 `� �,,�� f � -�-�,�,� Caeo} S. �'lack, Secretary THIS BOND NOT VALID UNLESS PRINTED ON GREEN PAPER � a. � �] I� PAYMENT BOND THE STATE OF TEXAS § Bond No. CC-24853 COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That We (1) Phoenix Pump, Inc. , a (2) Corporation of Texas 0 � hereinafter called Principal, and (3) Cumberland Casualty & Surety Company , a corporation organized and existing under the laws of the State�and fully authorized to L�J � � L� I L� I � � u � !J � � L�I � � transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials, for or perform labor upon the building or improvements hereinafter referred to in the penal sum of: Five Hundred Thousand and no/100------------------------------------ ($500,000.00 ) Dollars in lawful money of the United States, to be paid in Fort Worth, M Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. � THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the City of Fort Wortl�, the Owner, dated the /2� day of Oc�� , A.D. 19 4�, a copy of which is hereto attached and made a part hereof, for the construction of CLEAR FORK R.AW WATER PUMP STATION IMPROVE1VIENTS EQUIPMENT PRESELECTION & PUMP STATION MODEL TESTING „k designated as Project No.(s) PW77-060770160150 , 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, the condition of this obligation is such that, if the Principal shall promptly make a payment to all claimants as defined in Artic1e5160, Revised Civil Statues of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. F-3 �� a THIS BOND IS MADE AND ENTERED into solely �or the protection of all � claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have � a direct right of action under the bond as provided in Article 51�60 of the Revised Civil Statues. u I�I � PROVIDED FURTHER that if any legal action be filed upon this bond, venue shall lie in Tarrant County, State of Texas, that said Surety, fo.,r value received, hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the � Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. � � . � �, � � � � � � � � � IN WITNESS WHEREOF, this instrument is executed in seven counterparts each one of which shall be deemed an original, this the �(D�� day pf Ck.r. , A.D., 19�. �TTEST• � �- �� +��. U (Principle) Se etary � A L) ��. 'tn � s to rincipal Address ATTEST: ��i' � % "CY ��',��%�� (Surety) Secretary �� Rosalyn D. I�assell By : o,�. �. ��,�- Witne s a to Surety Nancy T. Tanko 8820 Will Clayton Pkwv. (Address) xumble, TX 77338 Phoenix Pum , Inc. C AL (4) n BY: � �-- f�',c,a,, 717 6 North, Suite 104A Ho on, Texas 77095 (Address) Cumberland Casualty & Surety Company Suret By: ,c..�.�� '. (Seal) (Attorney-in-fact) (5) Bruce C. DeHart 8I50 Brookriver Dr., Ste. 5303, Dallas, (Address) Texas 75247 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 the case may be (3) Correct name of Surety (4) If Contractor is Partnership, all Partners should execute Bond (5) A True copy of Power of Attorney shall be attached to Bond by Attorney-in-fact F-4 CUMBERLANI) CASUALTY & SURETY CUMPANY POV`JER OF ATTORNEY TAMPA, FLORIDA � � PRINCIPAL: Phoenix Pump, Inc. _ 7171 Hwy. 6 North, Ste. 104A, Houston, Texas 77095 (STREET ADDRESS) (CITY) � CONTRACT AMOUNT: $500,000.00 EFFECTIVE DATED (STATE) (ZIP CODEI AMOUNT OF BOND: $ 500 , 000 . 00 POWER NO. CC - 24863 � � � � I�" r� POWER IISED FOR BOND N0. CC-24853 KNOW ALL MEN BY THESE PRESENTS: That Cumberland Casualty & Surery Company, a corporation duly organized under the laws of the State of Florida, having its principa( office in the City of Tampa, Florida, pursuant to the following resolution, adoPted by the Board of Directors of the said Company on the 15th day of April, 1999, to wit: "Resolved, that the President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as attorney(s)-in-fact, such persons, firms, or corporations as may be selected from time to time. Be it Further Resolved, that the signature of the President, Secretary and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certi�ed by facsimile signature and facsimile seal shall be valid and binding upon the Company in d�e future with respect to any bond or consents for the release of retained percentages and/or final estimates on engineering and construction contracts or similar authority or undertaking to which it is attached." Cumberland Casualty & Surety Company does hereby make, constitute and appoint Bruce C. Dehart or Edward L. Moore David IY. Groppell or ➢tosalyn D. I-YasselB or Ite�ina C. DowYin$ or IVancy'f.'d'anka its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed ($2,000,000.00) dollars. And to bind Cumberland Casualty & Surery Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officer of Cwnberland Casualty & Surety Company, and all the acts of said attorney(s)-in-fact pursuant to the authoriry herein given, and hereby ratified and confirmed. IN WITNESS WHEREOF, Cumberland Casualty & Surety Company has caused these presents to be signed by an officer of the Company and its Corporate Seal to be hereto affixed. ��,,r,� CUMBE�,tLAND C. SUQLTY & SURE Y COMPANY ��'""'�.wt".,� � .�I,E.E;f.lir..Ca" S� ° �., - . �.r� .E,C-i�� - f�1 - '$ �,� dward J. E enfield IV. President '� � �2�A6'� • STt1TE OF FLORIDA ) ) SS COUNTY OF HILLSBOROUGH) On this 15th day of April, A.D. 1999, before me personally came Edward J. Edenfield IV, to me known, who being by me duly sworn did �; depose and say; that he resides in the County of Hillsborough, State of Florida; that he is President of Cumberland Casualty & Surety Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said � instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. � ��,F�oT`"N.�. ,�PAYpU� Beverly Ann Jerry a � ''�� i ��Commission # CC 758867 M".�°.`: :� �, oQ Expires August 22, 2002 �, ,,7 �" ' �2 9��F �p't� BONDED THRU eo oiro �o ATLANTIC BONOIN6 CO., INC. 'rOUGM �_.., � � L (.� �1,�,�/��.<.l,j,. everly Ann Je4f�y v e4f My commission expires STATE OF FLORIDA ) � ) SS COUNTY OF HILLSBOROUGH) I, the undersigned, Secretary of Cumberland Casualty & Surety Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. � Signed and Sealed at the City of Tampa. � � rs GG�V��/S � S�. � �J r� �lt16'� Dated the day of - , ��' , / / 'J � /''' �� J/� I/ �•. _ �,..�,"..i•-/%f � �_y �,�it �';L Caro} 3. �'Iack, Secretary THIS BOND NOT VALID UNLESS PRINTED ON GREEN PAPER -- �. ----- -- --- -- ----._. .._ � - -- .+�' . . . . l�J L� � l�J l�! � � L■J l� � • '� , ,�,... CERTIFICATE OF INSURANCE T0: CITY OF FORT WORTH. TEXAS DATE:_/D//�� CLEAR FORK RAW WATER PUMP STATION IMPROVEMENTS NAME OF PROJECT: EQUIPMENT PRESELECTION & PUMP STATION.>MODEL TESTING PROJECTNUMBER(S): PW77-060770160150 THIS IS TO CERTIFY THAT " (Name and Address of Insured) is at the date of this certificate, insured by this Company �vith respect to the business operations hereinafter described, for the type of insurance and in accordance �vith the provisions- of the standard policies used b�• this Compan��, and further hereinafter described. Exceptions to standard polic�� noted on the reverse side hereof. T1'PE OF INSURANCE Policy No. Effective Expires L�mits of Liability Worker's Compensation Comprehensive General Liability Insurance (Public Liability) Blastin� Collapse of Buildings or structures adjacent to eYcavations Damage to Underground Utilities Builder's Risk Bodil�• Injur��: Ea. Occurrence: Propert�• Damage Ea. Occurrence $ $ Ea.Occurrence $ Ea.Occurrence $ � Comprehensive Automobile Liabilitv a � Contractual Liabilitv a � Other L�J l�l � L�J L�J � Bodil�• Injur�•: Ea. Person Ea. Occurrence: Propert�• Damage Ea. Occurrence Bodil�• Injun•: Ea. Occurrence: Propem� Damage Ea. Occurrence $ $ $ $ Location covered: Description of Operations covered: ° The above policies either in the bodv thereof or by appropriate endorsement provide that tl�ev mav not be charged or canceled by the insurer in less than five (5) days after the insured has recei�•ed ��ritten notice of such change/or cancellation. Where applicable local la�vs 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 bod�� thereof or b�• appropriate endorsement thereto attached. , Agency Fort Worth Address Address � : Title m �i �i ��i l■1 � � CI C I#i L�J LJ � CONTRA,CTOR COMPLIANCE WYTH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Veron's Annotated Civil Statues, Contractor Certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth Project ` Number PW77-060770160150 , �t--ioE►a.�x �u�►P , l n1G. CONT TOR, By: ,� � _ �� Title � � ��'/z `�9 Date STATE OF TEXAS � COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared �,,,�v e�. � �arrso�,t . known to me to be the person whose name is subscribed to the foregoin instrument, and acknowledged to me that he executed the same as the act and deed of �c�-rtz�t:�-- for the purpbse and consideration therein � expressed and in the capacity therein stated. C �'' C' I �I' Ir'� u GIVEN IJNDER MY HAND AND SEAL OF OFFICE this � rZ.� of �c-��,��, 19°iq. � ��a.,..� � �--�c� . Notary Public i� and for the Sta f Texas � ��T' "'' HARLON FRANKLIN RIGGS � �+;�..y:�.�-: MY COMMISSION IXPIRES �. �;�` �ay 8, z000 -•:;�.... +,.- .rRB�'.�� Page 1 Uf 1 C� � a a F- V � H z 0 v � ■� � �s � � � � � ' r � � � � �■ � �s [ � ea � � �;l � i� L�J �!I PART G . - CONTRACT THE STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT, made and entered into Octo'ber 12, 1999 by and between the City'of Fort Worth, a home- rule municipal corporation located in Tarrant County. Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed "OWNER" and Phoenix Pump, Inc. • of the City of Houston � and State of Texas "CONTRACTOR" , County of Harris, Party of the Second Part. Hereinafter termed � 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 � s of the First Part (Owner) to commence and complete certain improvements described as � follows: u L�l u CLEAR FORK RAW WATER PUMP STATION EQUIPMENT PRE- SELECTION AND PUMP STATION MODEL TESTING, Including Four (4) Raw Water Pumps Pearless Pump Mode136MF-1 Stage, Four (4) 200 HP Electric Motors, Two (2) 200 HP Variable Frequency Drive Systems, and a Pump Station Model Study for the Four (4) Raw Water Pumps WATER PROJECT IYUMBER PW77-060770160150 � 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 a11 materials, supplies, machinery, equipment, tools, superintendence, labor, bonds, insurance, and other accessories and services necessary to complete the said construction, in accordance � with all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and printed or other written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each of nwhich has been identified by the endorsement of the Contractor and the Engineers �°'� thereon, together with the Contractor's Written Proposal and other parts of the Contract � Documents hereto attached, including the Fort Worth Water Department General Contract Documents and General Specifications, all of which are made a part hereof and collectively evidence and constitute the entire contract. ; � G-1 � L�J � L�J The Contractor hereby agrees to commence work withiri ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete same within the time stated in the Proposal. { The Owner agrees to pay the Contractor in current fund� for the performance of � the contract in accordance with the Proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents and all . approved modifications therefor, and to make payment on account thereof as provided therein. � � J J � I J � J IN WITNESS WHEREOF, the Parties to these pres�nts have executed this Contract in quadruplicate the year and the day first above written. ATTEST: �t p �oria Pearson, C ty Secretary (SEAL) WITNESSES: � � . � � � City of Fort Worl Party f the F' st P� w By: � Bob Terrell, Texas (Ownerl City Manager � - � �� Contract Authorization .�.��.,.�� . �. � � D�te Phoenix Pump. Inc. � By Secretary / Treasurer ` Approved for the Fort Worth City Water Department: ,�. � �� a ee�C. Bradley, Jr., Water l�rector Approved as to Form and Legality: � GL� / , Wade dkins, City A orney m m G-2 0 , � 1 ��Ph0EN1X � ' 7171 Highway 6 North, Ste. 104 Houston, Texas 77095 Phone: 281-345-8700 Fax:281-345-2361 ' 1. That the Company is a legally-constituted company certified to operate in accordance with the laws of the State of Texas, United States of America: 2. That I am President of the Company and, as such, am empowered to sign contracts and issue powers of attorney on its behalf: 3. By the authority vested in me as President of the Company, I hereby issue to the Secretary Treasurer of Phoenix Pump, Inc., Linda D. Battson, of lawful age, a General Power of Attorney, to enter into and sign contracts, leases and invoices and other related documents for projects in the State of Texas on behalf of the company; and: 4. This GENERAL POWER OF ATTORNEY shall remain in force until terminated. I, Joe. L. Battson, of lawful age, and President of Phoenix Pump, Inc. (the company). In my capacity as President of same, declare as follows: � � v � � IN WITNESS WHEREOF, I affix my signature to this GENERAL POWER OF ATTORNEY granted to Linda D. Battson at Houston, Texas this 2� f� day of October, 1999 OFFICER STATE OF TEXAS COUNTY OF HARRIS GENERAL POWER OF ATTORNEY ` ` � oe L. Battson President Phoenix Pump, Inc. ) ) ss ) �N Sworn to and subscribed before me this 2 day of October, 1999. ?��11NM_ i�_ - Ili�i� ril/�1�L.M, 1�{� p � • l:" ' ,L '" :"' MY COMMISSION IXPIRES "�a.��; � May a, z000 1 �� Notary Public 1 � L�J � � L�J � LJ l■1 LJ � LJ � ' �J � � CONTRACT ATTACHMENT A AGREEMENT THIS AGREEMENT is attached and part of the Contract between'the City of Fort Worth, Texas (herein called Owner) and (herein called Contractor). Owner and Contractor, in consideration of the mutual covenants herein set forth, agree as follows: Article 1. WORK. Contractor shall complete all Work as specified or indicated in the Contract Documents based on the acceptance by Owner of Contractor's Bid. The Work is generally described as follows: Fumishing and delivering to the pump station site two 30 MGD Vertical Mixed Flow Pumps; re-build and deliver two 30 MGD Vertical Mixed Flow Pumps; perform a Pump Station Model Test; furnishing and delivering Adjustable Frequency Drive equipment; all necessary appurtenances and incidental work to provide a complete and serviceable project. The scope of work shall also include shop performance tests, shop drawings, operation and maintenance manuals, field checking of the installed unit, and training of Owner's personnel. The generator unit will be installed by others. Article 2. ENGINEER. The Project has been designed by Black & Veatch LLP, 100 E 15=h Street, Fort Worth, Texas, who is referred to in the Contract Documents as Engineer. Engineer, and its duly authorized agents, are to act as Owner's representatives and assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ° Article 3. CONTRACT TIMES, LIQUIDATED DAMAGES, DELAYS AND DAMAGES. 3.1. Contract Times. The Contract Times shall be as indicated in the Contractor's Bid. � The several parts of the Work will each be completed within the number of days indicated in the Contractor's Bid after the commencement of Contract Time as defined in the General Conditions. � � a (Fort Worth, Texas) ( Clear Fork Pump Station) ( 68�V PN 61796 ) _ � _ � L lJ � � �I � � �' l�l � u l■l a 3.2. Liquidated Damaaes. Owner and Contractor recognize that iime is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1 above, plus any exten'sions thereof allowed in accordance with Article 11 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual Ioss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner the following sums for each day that expires after the times indicated in the Contractor's Bid: a. b. c. d. e. f. Item Pump Station Model Test Procedures Submittal Pump Station Model Witness Test Pump Station Model Test Report Initial receipt by Engineer of Shop Drawings and manufacturers' data Receipt by Engineer of preliminary operation and maintenance data and manuals Completion of delivery of equipment to the designated location Liquidated Damages, qer dav $ 25.00 $ 25.00 $ 100.00 $ 25.00 $ 25.00 $ 100.00 Owner shall have the right to deduct the liquidated damagesl from any money in its hands, otherwise due, or to become due, to Contractor, or t initiate applicable dispute resolution procedures and recover liquidated damages for n�nperformance of this Contract within the time stipulated. ' 3.3. Delays and Damaaes. Contractor shall accept the risk�of any delays caused by aOwner or Engineer. In the event Contractor is delayed in th� prosecution and completion of the Work because of such conditions, Contra�tor shall have no claim against Owner or Engineer for damages or contract adjustrrient other than an extension � of Contract Times and the waiving of liquidated damages d�ring the period occasioned by the delay. � � ��J Article 4. CONTRACT PRICE. Owner shall pay Contractor in current funds as indicated in the Contractor's Bid for completion of the Work in accordance with the Contract Documents. � (Fort Worth, Texas) ( Clear Fork Pump Station) ( B&V PN 61796 ) �� CI L � L�I L�J � � C' l!i l�l � LJ � � � � L�J � I�I l+�l Article 5. PAYMENT PROCEDURES. 5.1. ProQress Pavments. Upon completion of each of the several parts of the Work, Contractor shall submit an Application for Payment. Prior to assignment of the Procurement Contract to the general construction contractor, Contractor shall submit Applications for Payment directly to Engineer. Following assignment of the Procurement Contract to the general construction contractor, Contractor shall submit Applications for Payment to the general construction contractor. After review and approval by the general construction contractor, the Application for Payment will be included in the appropriate monthly Application for Payment submitted by the general construction contractor to the Engineer. ' 52. Schedule of Pavments. Contractor shall be entitled to claim payments for Work completed in accordance with the following schedule: Work Comqleted a. L c. Pump Station Model Witness Test Acceptance of Pump Station Model Test Report Approval by Engineer of final Shop Drawings and data d. Receipt and acceptance of all equipment at the designated point of delivery e. Completion of installation by general construction contractor, including startup, field testing, and installation check f. Final acceptance of Work by Owner (Fort Worth, Texas) ( Clear Fork Pump Station) ( B8�V PN 61796 ) Payment (Cumulative Percentage of Pav Item Price(s)) 50% of Item 5A or 4B 100% of Item 5A or 4B 10% of ltems 1A-4A or 1B-3B 85% of Items 1A-4A or 1 B-3B 95% of (tems 1A-4A or 1 B-36 100% of Items 1A-4A or 1 B-3B �� I � ' � � 1 � I � 1 � � � � � � � 5.3. Final Pavment. Upon completion and finai acceptance by Owner of all work of the general construction contractor, final payment and release of retainage may be claimed by Contractor through the general construction contractor. The Application for Final Payment submitted by Contractor sha�l be accompanied by consent of Surety to the release of retainage. Consent of Surety, signed by an agent, shall be accompanied by a certified copy of such agent's authority to act for the Surety. Applications for Payment will be processed by Engineer as provided in the General Conditions. Article 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement befinreen Owner and Contractor conceming the Work consist of the following: a. This Agreement. � b. Exhibits to this Agreement. c. Performance Bond. d. Notice of Award. e. Notice to Proceed. f. General Conditions. . g. Supplementary Conditions. h. Specifications. � i. Addenda numbers O,NE to �l/E , inclusive.� j. Contractor's Bid. k. Owner's Forms. I. All documents amending, modifying, or supplementing the Contract Documents which may be delivered or issued afte� the Effective Date of the Agreement and are not attached hereto. { � There are no Contract Documents other than those listed in this article. The Contract Documents may be amended, modified, or supplemented only as provided in the General Conditions. (Fort Worth, Texas) ( Clear Fork Pump Station) ( B&V PN 61796 ) -4- a I�l � Articie 7. ASSIGNMENT OF PROCUREMENT CONTRACT. � This Contract will be assigned by Owner to a general construction contractor, and Contractor will accept such assignment, pursuant to Paragraph SC-5.9 of the Supplementary Conditions. In the application of the terms and conditions of the � Contract Documents after said assignment, Contractor will function as a subcontractor or a supplier to the assignee general construction contractor, and all obligations of Contractor to Owner will become obligations of Contractor to the �ssignee general Q construction contractor. Notwithstanding this assignment, the guarantees and warranties specified in the Contract Documents are intended for the benefit of Owner and the assignee general construction contractor, and may be enforced by either party. � � � � I�I � I�l � L■J � !J � Assignment of the Procurement Contract, and consent of Contractor's Surety to the assignment, shall be accomplished on the forms included herewith. Article 8. MISCELLANEOUS. a. Terms used in this Agreement, which are defined in Article 1 of the General Conditions, will have the meanings indicated in the General Conditions. b. Contractor shall not assign any rights under or intere`sts in the Contract Documents without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law); and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the Contractor from any duty or responsibility under the Contract Documents. c. Contractor binds itself, its partners, successors, assigns, and legal representatives to the�other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. d. The business address of Contractor given herein is hereby designated as the place to which all notices, letters, and other communication to Contractor will be mailed or delivered. The address of Owner appearing herein is hereby designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change its address at any time by an instrument in writing delivered to Engineer and to the other party. � a (Fort Worth, Texas) ( Clear Fork Pump Station) ( B&V PN 61796 ) -5- �� L� aThis Agreement is part of and will be effective on execution of the Contract. � � � CITY OF FORT WORTH CONTRACTOR Address for giving notices Address for giving notices /�� P, .� � Fort Worth Water Department o�NlK �^'� � NL • 1000 Throckmorton Street / Fort Worth, Texas 76102 �/ 7� �[.uu C� �� u i T� ��¢� � �;��s :a,,�, i�l 770 95 � � � � � � C� � � 0 0 � a(Fort Worth, Texas) ( Clear Fork Pump Station) (B&VPN61796) _g_ Q I�I � � I � � � �, �' � �. I � 1 � � � � � ASSIGNMENT OF CONTRACT The Contract befinreen the City of Fort Worth, Texas Water Department(Owner) and for the procurement of under the Contract Documents entitled is hereby assigned, transferred, and set over to m , the Contractor for the General Construction Work, who shall be tbtally responsible for all work pertormed by the assigned and for the Owner's obligatioi�s and rights contained in the Procurement Contract Documents. b This assignment will be effective on the Effective Date of the Agreement between the City of Fort Worth, Texas Water Department and the Contractor for the General Construction Work. ASSIGNMENT DIRECTED BY: City of Fort Worth Water Department By: (Signature) (Title) ASSIGNMENT CONSENTED TO BY: ASSIGNMENT ACCEPTED BY: APPROVED AS TO FORM: ,19 L�'J Owner's Attomey (Fort Worth, Texas) ( Clear Fork Pump Station) ( B&V PN 61796 ) Procurement Contractor By: By: (Signature) (Title) General Construction Contractor (Signature) (Title) -7- � L�J l�J CI C' CI'� � � � � � �•l � � LJ � � � C SURETY'S AGREEMENT Tb ASSIGNMENT SURETY hereby acknowledges and a�ree�s that the Contract for the procurement of Clear Fork Kaw Water Pump Stat on mprovements � Equipment Preselection & Pump Station Model py and between� Testing Phoenix Pump, znc. (Procurement Contractor) and the City of Fort Worth, Texas Water Department (Owner) shall be assigned, transferred, and set over to � ' , the Contractor for General Construction Work, in accordance with Paragraphsc-5 . 9 of the Supplementary Conditions. , SURETY further agrees that, upon assignment of the Procurement Contract, the Contractor for General Construction Work shall have ail the rights previously conferred upon the Owner under the Procurement Performance Bond and the Guaranty Bond. , (Corporate Seal) SURETY � COmpany:Cumberland Casualty & Surety Company � Signature: �,(;� �� Name/Title: Bruce C. D'eHart, Attorney-in-Fact � (Fort Worth, Texas) ( Clear Fork Pump Station) (B&VPN61796) � X � Z L1.1 � a. Q � � c- � � � � � � � � � � � � � � � � � ■� City of Fort Worth, Texas ��Ayar And C,aunc�l C,ammun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 9�28�99 **C-17669 60PHOENIX 1 of 2 SUBJECT AWARD OF CONTRACT WATER PUMP STATION TESTING IT��il�1TL��1�7_�Cd�A TO PHOENIX PUMP, INC. FOR THE CLEAR FORK RAW EQUIPMENT PRE-SELECTION AND PUMP STATION MODEL It is recommended that the City Council authorize the City Manager to execute a contract with Phoenix Pump, Inc. for the Clear Fork Raw Water Pump Station Equipment Pre-selection and Pump Station Model Testing, on the alternate bid of $500,000. DISCUSSION: On October 6, 1998 (M&C C-17034), the City Council authorized the execution of an engineering agreement with Black & Veatch, Inc. for design and construction management of the Clear Fork Raw Water Pump Station Improvements. The North and South Holly Water Treatment Plants require additional raw water supply for peak water demand periods, and in case of failure at the other water treatment plants. An expansion at the Clear Fork Raw Water Pump Station will allow the use of water stored at Lake Benbrook by the Tarrant Regional Water Board. The Clear Fork Raw Water Pump Station Improvements project includes the installation of two new 30 MGD (million gallons per day) pumps with variable speed drives, rebuilding or replacement of the existing two 30 MGD pumps, modifications to raw water intake structure, installation of two screening units, and replacement of the electric switch-gear. Due to the long lead time in ordering large pumps, the initial phase of the Clear Fork Raw Water Pump Station Improvements is to award a contract to a pump manufacturer based on the lowest responsive bid. Also, the pump manufacturer is required to conduct pump station model testing to determine if any modifications are required to the pump station intake structure. When the future pump station construction project is awarded, the remaining portion of this contract will be assigned to the construction contract. The proposals consist of a base bid that will supply two new 30 MGD pumps and rebuild the existing two 30 MGD pumps, and an alternate bid which will supply four new 30 MGD pumps. Award of contract is based on the alternate bid (four new 30 MGD pumps) and is the lowest overall bid. On August 12, 1999, the following bids were received: Bidder Base Bid Amount Alternate Bid Amount Phoenix Pumq $528,000 $500.000 Smith Pump Company (Fairbanks-Morse Pumps) $516,000 $537,000 Smith Pump Company (Byron-Jackson Pumps) $534,450 $527,600 _ City of For�t �Worth, Te.xas �1►�Ayar Attd� �,aunc�l. C,an�m�un�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 9�28�99 . **C-17669 60PHOENIX I 2 of 2 SUBJECT ° AINARD OF CONTRACT TO PHOENIX PUMP, INC. FOR THE CLEAR FORK RAW WATER PUMP STATION EQUIPMENT PRE-SELECTION AND PUMP STATION MODEL TESTING A waiver of the M/WBE requirements for subcontracting goals was requested by the Water Departmcnt and approved by the M/WBE office because M/VVBE subcontractors are not available. The total��authorized�amount includes $25,000 for possible change orders and $1,500 for staff support. FISCAL INFORMATION/C�RTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Commerc'ial Paper-Water Fund. MG:k ' � , � a� Submitted for City Manager's Office by: Mike Groomer 6140 Originating Department,Head: Lee Bradley, Jr. Additional Information Contact: Lee Bradley, Jr. 8207 � I FUND I ACCOUNT I CENTER � AMOUNT � (to) � � I � (from) PW77 541200 060770160150 $500,000.00 � 8207 I � `CITY SECRETARY APPROVED iCITY �OUNC��L � c C p 2� 1999 � i �� '� � City Secretary of the I Citp of Fort Worth, Texae