HomeMy WebLinkAboutContract 25898 SPECIFICA'T'IONS AND CON'T'RACT
DOCUMENTS FOR 17
Water and Sanitary Sewer Main Replacement in MoomewAve.
from W lbarger St. to Rimbey Rd.
DOE NO. 2756
CITY SECRETARY Collection.Dine Rehabibiati#TY SECRETARY
' Water Line Rehabilitation ONTRACT fVO.
D.O.E. FILE IL-?2.9
CONTRACTOR'S BONDING ;Qr Pro ect No. PS46-070460134830
CONSTRUCTION'S COPY Water Pr feet No. PW77-060770155090
in the
CLIENT DEPARTMENT City ofFort Worth, Texas
January, 2000
BOB TERRELL KENNETH BARR
City Manager Mayor
LEE C. BRADLEY,JR., P.E.
Director
Water Department
HUGO A. MALANGA, P.E. A. DOUGLAS RADEMAKER,
Director P.E.
Transportation and Director
Public Works Department of Engineering
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Gutierrez, Smouse,Wilmut&Assoc., Inc. ���. 6345 ��
2313 East Loop 820 North f��.• .�l.... `'.�vs
Fort Worth,Texas 76118 �
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City of Fort Worth, Texas
"11yor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/23/00 **C-18015 30MOR1 of 2
SUBJECT AWARD OF CONTRACT TO JACKSON CONSTRUCTION, INC. FOR WATER AND
SANITARY SEWER MAIN REPLACEMENT ON MOORVIEW AVENUE (WILBARGER
TO RIMBEY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Jackson
Construction, Inc. in the amount of $190,467.50 for Water and Sanitary Sewer Main Replacement on
Moorview Avenue (Wilbarger to Rimbey).
DISCUSSION:
On March 25, 1997 (M&C C-15958), the City Council authorized the City Manager to execute an
engineering agreement with Gutierrez, Smouse, Wilmut & Associates, Inc. to prepare plans and
specifications for the reduction of inflow/infiltration in the sanitary sewer Main 19 and 258 drainage
areas. The contract was subsequently amended to provide plans and specifications for the
replacement of water and sanitary sewer mains on Moorview Avenue (Wilbarger to Kimbey) which is
located in the Main 19 and 258 drainage areas.
The proposed improvements consists of the replacement of approximately 1,000 linear feet of 8-inch
sanitary sewer pipe and 1,100 linear feet of 8-inch water line.
The project is located in COUNCIL DISTRICT 5, Mapsco 93A.
The project was advertised for bid January 20 and 27, 2000. On February 24, 2000, the following bids
were received:
BIDDER AMOUNT TIME OF COMPLETION
Jackson Construction. Inc. $190.467.50 120 Calendar Days
Davila Construction, Inc. 202,418.50
Sherman Hudson Utility Construction, Inc. 209,034.15
Mid-State Utilities, Inc. 212,413.00
William J. Schultz, Inc. d/b/a Circle "C 215,368.00
Construction Company
Kebo Services, Inc. 215,594.50
Burleson Utilities, Inc. 239,565.75
Long Copstruction & Engineering, Inc. 240,823.55
Whizcon. Utilities, Inc. 247,371.00
Cleburne Utility Construction, Inc. 250,791.75
In addition to the contract cost, $14,000.00 is required for inspection and survey and $10,000.00 is
provided for project contingencies.
City of Fort Worth, Texas
"CANOW Andcol"Municalflon
Cil ounc
DATE REFERENCE NUMBER LOG NAME PAGE
5/23/00 **C-18015 30MOR 2 of 2
SUBJECT AWARD OF CONTRACT TO JACKSON CONSTRUCTION, INC. FOR WATER AND
SANITARY SEWER MAIN REPLACEMENT ON MOORVIEW AVENUE (WILBARGER
TO RIMBEY
Jackson Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 4%
M/WBE participation and documenting good faith effort. Jackson Construction, Inc. identified several
subcontracting and supplier opportunities. However, the M/WBEs contacted in the identified areas did
not respond or did not submit the lowest bid. The City's goal on this project is 18%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Commercial Paper-Water and Sewer Funds.
MG:k
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 CITY
Originating Department Head: Cl! 1 V VUNCt
A.Douglas Rademaker 6157 (from) MAY )q 20M
PS46 541200 070460134830 $106,052.50
Additional Information Contact: PW77 541200 060770155090 $ 84,415.00 es y a+.Kfi
citF ry of be
A.Douglas Rademaker 6157 w*.Tes
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CITY of FORT WORTH,TEXAS
DEPARTMENT OF ENGINEERING
Aboviduml
THE SDECI.F UATfOV.S AND CONTRACT DOCUMENTS
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WATER AND SANITARY SEWER MAIN REPLACEMENT IN MOORYiEW AVE. 1`
FROM irwLGARGER ST.TO RNBEY RD. }
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D.O.E.PRWECT N"$:2766 )
SEWER PROJECT NO.P545 -711MI3 '
WATER PROJECT N9,PW77-007MI
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Rem Bld t pate_ February X412000 i
Froospecbm briers are hereby informed of the Following:
2. The aftwAad wage r&taa tv !t a year 200 shall mplace the exiatirq 1995 awe rates
incwdw In the convw cwumen".
Tha Addwidum kwms a pari of the Contract Documwft wkwaneod above and modiRm the _ j_,-al
Cance 009MMb and C00VAMCM ft=., aakn� rooWat 4f It Addendum on
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the Did non-razpDnsfire- Failure to acknowledge racaipt of the Addendum could subject bidder to
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Asotmft P 4me OperoW 11.09 t
I Gee* paving Saw i 5 10.53
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Frown:End Loader 2 1/2 Cly & ' 9.94
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SPECIFICATIONS AND CONTRACT
DOCUMENTS FOR
Water and Sant Sewer Main Replacement in MoorviewAve.
�' p
from Wilbarger St. to Rimbey Rd.
DOE NO 2756
Collection Line Rehabilitation
Water Line Rehabilitation
Sewer Project No. PS46-070460134830
Dater Project No. PW77-060770155090
in the
City ofFort Worth, Texas
January, 2000
BOB TERRELL KENNETH BARR
City Manager Mayor
LEE C. BRADLEY,JR., P.E.
Director
Water Department
HUGO A. MALANGA,P.E. A. DOUGLAS RADEMAKER,
Director P.E.
Transportation and Director
Public Works Department of Engineering
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Gutierrez,Smouse,Wilmut&Assoc., Inc. t'y'• • .'0W6.• '•amu
2313 East Loop 820 North ��� .SFU;►STE? � 5����
Fort Worth,Texas 76118 l��rfls/OSSSS�
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1511 10'� I, t )', 1
Street Address
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City&State
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e-mail
CONTRACT DOCUMENTS
WATER AND SANITARY SEWER MAIN REPLACEMENT IN MOORVIEW
AVE. FROM WILBARGER ST. TO RIMBEY RD.
SEWER PROJECT NO. PS46-070460134830
WATER PROJECT NO. PW77-060770155090
DOE NO. 2756
COLLECTION LINE REHABILITATION
WATER LINE REHABILITATION
CITY OF FORT WORTH, TEXAS
TARRANT COUNTY, TEXAS
GUTIERREZ, SMOUSE, WILMUT&ASSOC., INC.
2313 EAST LOOP 820 NORTH
FORT WORTH, TEXAS 76118
JANUARY, 2000
CONTRACT DOCUMENTS
WATER AND SANITARY SEWER MAIN REPLACEMENT IN MOORVIEW
AVE. FROM WILBARGER ST. TO RIMBEY RD.
SEWER PROJECT NO. PS46-070460134830
WATER PROJECT NO. PW77-060770155090
DOE NO. 2756
COLLECTION LINE REHABILITATION
WATER LINE REHABILITATION
CITY OF FORT WORTH, TEXAS
TARRANT COUNTY, TEXAS
JANUARY, 2000
1 hereby state that these Contract Documents were
prepared under my direct supervision and that I am a duly
Registered Professional Engineer under the laws of the
State of Texas
VfMQ) rff"Ld)
Date: Registration No.
OF fTllfll
76346
THEL��A FLORES BOX
IIJJ
SECTION A
NOTICE TO BIDDERS
Sealed proposals for the following:
FOR: WATER AND SANITARY SEWER MAIN REPLACEMENT IN MOORVIEW AVE.
FROM WILBARGER ST.TO RIMBEY RD.
DOE NO.2756
SEWER PROJECT NO. PS46-070460134830
WATER PROJECT NO. PW77-060770155090
COLLECTION LINE REHABILITATION
WATER LINE REHABILITATION
Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the
Purchasing Office until 1:30 P.M. February 17,2000, and then publicly opened and read aloud at 2:00 P.M.
in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained
at the office of the Department of Engineering in the Municipal Office Building at 1000 Throckmorton
Street. One set of documents will be provided to prospective bidders for a deposit of Fifty Dollars($50.00);
such deposit will be refunded if the document is returned in good conditions within ten (10) days after bids
are opened. Additional sets may be purchased on a non-refundable basis for Fifty Dollars ($50.00) per set.
These documents contain additional information for prospective bidders.
Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders.
The major items of work on the above project are:
DOE#2756:
Approximately 1,023 L.F. of 8"sanitary sewer replacement.
Approximately 1,085 L.F. of 8"water line replacement.
Included in the above will be all other miscellaneous items of construction as outlined in the Plans and
Specifications. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities.
No bid may be withdrawn until the expiration of 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, but 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 has been verified.
For additional information concerning this project, please contact, Mrs. Thelma F. Box, P.E., Gutierrez,
Smouse, Wilmut & Assoc., Inc. at (817)595-4111, or Mr. Rakesh Chaubey, P.E., Project Manager at
(817)332-5474, Ext. 40.
Advertising Dates:
January 20, 2000
January 27, 2000
Fort Worth, Texas
NB-1
DETAILED NOTICE TO BIDDERS
Sealed proposals for the following:
FOR: WATER AND SANITARY SEWER MAIN REPLACEMENT IN MOORVIEW AVE.
FROM WILBARGER ST.TO RIMBEY RD.
DOE NO.2756
SEWER PROJECT NO. PS46-070460134830
WATER PROJECT NO. PW77-060770155090
COLLECTION LINE REHABILITATION
WATER LINE REHABILITATION
Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the
Purchasing Office until 1:30 P.M. February 17,2000 and then publicly opened and read aloud at 2:00 P.M.
in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained
at the office of the Department of Engineering,Municipal Office Building, 1000 Throckmorton Street,
Fort Worth, Texas. One set of documents will be provided to prospective bidders for a deposit of Fifty
dollars ($50.00).
All bidders will be required to comply with Provisions 5159a of"Vernon's Annotated Civil Statutes" of the
State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as
amended by City Ordinance No. 7400, prohibiting discrimination in employment practices.
Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders.
The Major items of work on the above project are:
DOE#2756:
1,023 L.F. 8" PVC sanitary sewer pipe (all depths)
30 L.F. 8" DIP sanitary sewer pipe (all depths)
7 EA Install new standard 4'diameter manholes
1,085 L.F. 8" Water line
325 L.F. 1" Water service line
250 L.F. 3/4" Copper water service line
14 EA Bullhead Meter Boxes (Class"C'
14 EA 1" Service taps to main water line
Included in the above will be all other miscellaneous items of construction as outlined in the Plans and
Specifications.
The City reserves the right to reject any and/or all bids and waive any and /or all formalities. AWARD OF
CONTRACT: 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, but 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.
Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of
the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge
receipt of all addenda may be rejected as being non-responsive. Information regarding the status of
addenda may be obtained by contacting the Department of Engineering at (817) 871-7910.
e DNB-1
_3
Any contract or contracts awarded under this Notice to Bidders are expected to be funded in part by a loan
from the Texas Water Development Board. This contract is contingent upon release of funds from the Texas
Water Development Board. Neither the State of Texas nor any of its departments,agencies,or employees
is or will be a party to this Detailed Notice to Bidders or a resulting contract.
Bidders shall not separate, detach or remove any portion, segment or sheets from the contract
document at any time. Bidders must complete the proposal section(s) and submit the complete
specifications book or face rejection of the bid as non-responsive.
In accordance with City of Fort Worth Ordinance No.13471 as amended by Ordinance No.13781,the
City of Fort Worth has goals for the participation of minority business enterprises and women
business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of
the City Secretary. The Bidder shall submit the M/WBE UTILIZATION FORM,PRIME CONTRACTOR
WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("Documentation"), as appropriate. The
documentation must be received by the contracting department no later than 5:00 P.M.five (5)City
business days after the bid opening date. The bidder shall obtain a receipt from the appropriate
employee of the contracting department to whom the delivery was made. Such receipt shall be
evidence that the Documentation was received by the City.
This project will be managed and administered by the Wet Weather Management Program Office of the
Department of Engineering.
For additional information, please contact Mrs. Thelma F. Box, P.E.,Gutierrez, Smouse, Wilmut&Assoc.,
Inc. at (817)595-4111 or Mr. Rakesh Chaubey, P.E., Project Manager at (817)332-5474, Ext. 40.
BOB TERRELL
CITY MANAGER
GLORIA PEARSON
CITY SECRETARY
A. Douglas Rademaker, P.E., Director
DEPARTMENT OF ENGINEERING
By: Un u
Rick Trice, P.E.
Manager, Consultant Services
ADVERTISING DATES:
January 20, 2000
January 27, 2000
Fort Worth, Texas
DNB-2
�tt
SPECIAL INSTRUCTIONS TO BIDDERS
(WATER DEPARTMENT)
1. ?REQUALIFICATION REQUIREMENT: All Contractors submitting bids are required to be
prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification
process will establish a bid limit based on a technical evaluation and financial analysis of the
Contractor. It is the bidders'responsibility to submit the following documentation:a current financial
statement, an acceptable experience record, an acceptable equipment schedule and any other
documents the Department may deem necessary,to the Director of the Water Department at least
seven (7) calendar days prior to the date of the opening of bids.
(a) The financial statement required shall have been prepared by an independent certified
public accountant or an independent public accountant holding a valid permit issued by an
appropriate State licensing agency and shall have been so prepared as to reflect the
financial status of the submitting company. This statement must be current and not more
than one(1) year old. In the case that a bidding date falls within the time a new statement
is being prepared, the previous statement shall be updated by proper verification.
(b) For an experience record to be considered to be acceptable for a given project, it must
reflect the experience of the firm seeking qualification in work of both the same nature and
technical level as that of the project for which bids are to be received.
(c) The Director of the Water Department shall be the sole judge as to the acceptability for
financial qualification to bid on any Fort Worth Water Department project.
(d) Bids received in excess of the bid limit shall be considered non-responsive and will be
rejected as such.
(e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience
and/or expertise.
(f) Any proposal submitted by a non-prequalified bidder shall be returned unopened, and if
inadvertently opened, shall not be considered.
(g) The City will attempt to notify prospective bidders whose qualifications (financial or
experience)are not deemed to be appropriate to the nature and/or magnitude of the project
on which bids are to be received. Failure to notify shall not be a waiver of any necessary
prequalification.
2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort
Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid
submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder
fails to execute the Contract Documents with ten (10) days after the contract has been awarded.
To be an acceptable surety on the bond, (1)the name of the surety shall be included on the current
U.S.Treasury list 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.
3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred
(100%) percent of the contract price will be required, Reference C3-3.7.
4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth,
SI-1
Texas, and as set forth in the Contract Documents must be paid on this project.
5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City
reserves the right to adopt the most advantageous construction thereof to the City or to the reject
the Proposal.
6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas.
7. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort
Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than
the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas
resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract
in the state in which the nonresident's principal place of business is located.
"Nonresident bidder" means a bidder whose principal place of business is not in this state, but
excludes a contractor whose ultimate parent company or majority owner has its principal place of
business in this state.
This provision does not apply if this contract involves federal funds.
The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the
bid to meet specifications. The failure of a nonresident contractor to do so will automatically
disqualify that bidder.
8. PAYMENT: If a bid amount is less than $25,000.00,the contract amount shall be paid within forty-
five (45) calendar days after completion and acceptance by the City.
9. AGE: In accordance with the policy ('Policy) of the Executive Branch of the federal government,
Contractor covenants that neither it nor any of its officers, members, agents, employees, program
participants or subcontractors while engaged in performing this contract, shall, in connection with
the employment, advancement or discharge of employees in connection with the terms,conditions
or privileges of their employment,discriminate against persons because of their age except on the
basis of a bona fide occupational qualification, retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants,or persons acting on their behalf shall specify, in solicitations
or advertisements for employees to work on this contract, a maximum age limit for such
employment unless the specified maximum age limit is based upon a bona fide occupational
qualification, retirement plan or statutory requirement.
Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City
harmless against any claims or allegations asserted by third parties or subcontractors against City
arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above
referenced Policy concerning age discrimination in the performance of this agreement.
10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA', Contractor warrants that it and any and all of its subcontractors will not unlawfully
discriminate on; the basis of disability in the provision of services to the general public, nor in the
availability,terms and/or conditions of employment for applicants for employment with or employees
of Contractor or any of its subcontractors. Contractor warrants it will fully comply with the ADA's
provisions and any other applicable Federa, State and local laws concerning disability and will
defend,indemnify and hold City harmless against any claims or allegations asserted by third parties
or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure
SI-2
to comply with the above referenced Policy concerning disability discrimination in the performance
of this agreement.
11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with the City of Fort Worth
Ordinance No. 13471 as amended by Ordinance No. 13781,the City of Fort Worth has goals for
the participation of minority business enterprises and women business enterprises in City
contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary.
The bidder shall submit the M/WBE UTILIZATION FORM(S), PRIME CONTRACTOR WAIVER
FORM(S), and/or the GOOD FAITH EFFORT FORM(S) (°Documentation', as appropriate. The
Documentation must be received by the contracting department no laterthan 5:00 p.m.,five(5)City
business days after the bid opening date. The bidder shall obtain a receipt from the appropriate
employee of the contracting department to whom deliver was made. Such receipt shall be evidence
that the Documentation was received by the City. Failure to comply shall render the bid
nonresponsive.
Upon request,Contractor agrees to provide the Ownercomplete and accurate information regarding
actual work performed by a Minority Business Enterprise (MBE) and/or a Women Business
Enterprise(WBE)on the contract and payment thereof. Contractor further agrees to permit an audit
and/or examination of any books, records or files in its possession that will substantiate the actual
work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent
misrepresentation)and/orthe commission of fraud by the Contractorwill be grounds fortermination
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.
Revised 7/31/98
SI-3
SECTION B
SECTION B- PROPOSAL
e TABLE OF CONTENTS
r
M/WBE Documents
Proposal Quantities Sanitary Sewer Line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B1-1
` Proposal Quantities—Water Llne . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131-4
Bid Proposal Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61-8
ATTACHMENT 1A
°
City of Fort Worth Page 1 of 2
Minority and Women Business Enterprise Specifications
MBEIWBE UTILIZATION
Jackson Construction, Inc. 2-&4-00
PRIME COMPANY NAME BID DATE
Water and Sanitary Sewer Main Replacement in Moorview Ave.from Wiibarcrer St. to Rimbey Rd
PROJECT NAME
PS46-070460134830 & PW77-060770155090
PROJECT NUMBER
CITY'S MIWBE PROJECT GOAL: 18 % M/WBE PERCENTAGE ACHIEVED: 4%
Failure to complete this form, in its entirety with supporting documentation, and received by the Managing
Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date,will
` result in the bid being.considered non-responsive to bid specifications.
The undersigned bidder agrees to enter into a formal agreement-with-the MBE and/or WBE firms for work listed in
this schedule,conditioned upon execution of a contract with.the City of Fort Worth. The intentional acrd/or knowing
misrepresentation of facts is grounds for consideration of disqualification and. will result in the bid being
considered non-responsive to specifications.
Corrmpany Name,Contact Name, Certified Specify Ail Contracting Specify All'Items to tae Dollar Amount
Address,and Telepltone No. ., Scope of Work( ) Supplied(')..La
a
� z
J/M Materials
ox 496 Rock & Hauling 1 $3800.00
Alvord, TX 76225 X
1-800-856-Q733
Judy
-800-85 -
Judy Brown
Euro ace, Inc.
8828 Stemmons frwy. X
Dallas TX 75247 Sand & Hauling 1 $2500.00
Todd Harkey
Cen-Tex Seedina
3312 Joyce Drive
Fort Worth, TX 76116 X Hydromulch/Sod 1 $1600.00
817-244-6024
Gayle Juracheck
:MMBEs:must be rated la the 9{ilial county marketplace ormtrently doingiarslriess In ilia marketplace at the time of bid.
("} Specify all'ar in which t1AVlfaE'�.are to be uMized;:andtor items#tr be suppfNad.
{ A complete fisting of Item tT*e$uppried.is required.in anter to receive credittcWr$rrftbis MNIIB6.goal.
r"')Ideidity each Tier.level Tarr.Means the level of subcontracting 1**the prime eorOwdorkonsultant,i.e.,a direct paymend.
from the prirrie contractor to a subcontractor is considered 1. tier A payrnent by a subcontractor to
fs supplier is considered 2nd tier.
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5)CITY BUSINESS DAYS AFTER BID
OPENING, EXCLUSIVE OF THE BID OPENING DATE
Rev.6/2/98
Pages 1 and 2 of Attachment 1A must be received by the Managing Department
ATTACHMENT 1A
Page 2 of 2
City of Fort Worth
Minority and Women Business Enterprise Specifications
MBE/WBE UTILIZATION
Company Name,Contact.Name, Certified Specify.All Contracting Specify&Lf es to be Dollar Amount
Address, and Telephone filo F.a Scope of Work(*} Supp(*)
H F
w
.w
The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding
actual work performed by all subcontractors, including MBE(s)and/or WBE(s) arrangements submitted with this bid.
The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company
that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized
officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating
action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance
and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from
participating in City work for a period of time not less than one (1) year.
ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD
4
Larry H. Jackson
Authorized Sign Printed Signature
President
Title % Contact Name and Title(if different)
Jackson Construction, Inc. 817-572-3303
Company Name Telephone Number(s)
5112 Sun Valley Drive 817-478-0443
Address Fax Number
Fort Worth, TX 76119 3-2-00
City/State/Zip Code Date
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID
OPENING, EXCLUSIVE OF THE BID OPENING DATE
Rev.6/2/98
Pages 1 and 2 of Attachment 1A must be received by the Managing Department
ATTACHMENT 1C
Page 1 of 3
City of Fort Worth
Minority and Women Business Enterprise
GOOD FAITH EFFORT
Jackson Construction, Inc. 2-24-00
Prime Company Name Bid Date
Water and Sanitary Sewer Main Replacement in Moorview Ave.from Wilbarger St.to Rimbev Rd
PROJECT NAME
PS46-070460134830& PW77-060770155090
PROJECT NUMBER
If you have Ulled to secure N1MBE participation and you have subcontracting and/or supplier opportunities or if your
MMBE participation is less than the Clty's project goal,you must complete this form:
If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good
faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the
documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good
Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts
or intentional discrimination by the bidder.
-
Failure to complete this form, in its entirety with supporting documentation, and received by the Managing
Department on or before 5:00 p.m.five (5) City business days after bid opening, exclusive of bid opening date,
will result in:the bid.being considered non-responsive to bice specifications.
1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS)
which will be used in the completion of this project, regardless of whether it is to be provided by a M/WBE
or non-M/WBE.
(Use additional sheets, if necessary)
List of: Subcontracting Opportunities List of: Supplier Opportunities
Portable Toilets Pipe
TV Inspection Sand
Manholes Rock
Interior Manhole Coating 1N Hauling
Hydromulch/Sod Concrete
Rebar
HMAC Rev.6/2/98
ATTACHMENT 1C
Page 2 of 3
2.) Did you obtain a current list of M/WBE firms from the City's M/WBE Office? The list is considered in
compliance, if it is not more than 3 months old from the date of bid opening.
_Yes Date of Listing 1 / 5 / 00
No
3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at
least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened?
X Yes If yes,attach M/WBE mail listing to include name of firm and address and a dated
No copy of letter mailed.
4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at
least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened?
_X__Yes If yes,attach list to include name of M/WBE firm, person contacted,
No phone number and date and time of contact.
NOTE: A facsimlte mraty bt:used to comply with either.1 or.4, lsut may dot beused'for both. If a facsimile is
used,attach the tax carrttrr 31,tivhrcli is to provide M/WBf name,dam,trine,farx:nurrrber and documentation
faxed
NOTE: If a SICL list of MNUBE w.ten or less, the bidder must contact the-entire list to be in compliance with
s :questions 3 and 4. If a sic list of M/WBE is more than ten,the bidder must contact at least two-thirds of the list
but not less than ten to be in compliance with questions 3 and 4.
6.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans
and specifications in order to assist the M/WBEs?
X Yes
No
6.) If M/WBE bids were received and rejected,you must:
(1) List the M/WBE firms and the reason(s)for rejection (i.e., quotation not commercially reasonable,
qualifications,etc.)and
(2) Attach affidavit and/or documentation to support the reason(s) listed below(i.e.. letters, memos, bids,
telephone calls,meetlAgc,-attc.)
lease use additional sheets,if necessary,and attach.
Company Name Telephone Contact Person Scope of Work Reason for
Rejection
Clemons Truck 972-228-0201 Hauling Jsing other M/W E
Tops Manhole 940-565-(1837 Desi Manholes Prices hiaher an other
Ray 's Redi mix 473-835 Cheryl Concrete Prices higher t an othe:
TX Enviornmen 1 888-4.4-82149 William Sod sinq other M W E
Chief Constr. 713-683 3231 Greg TV Inspection Vrices hi her t an othe.
S & S Supply 267-0783 Sue Brown Interior Manhole Coating - Item quoted
not required on , b
Rev.6 8
PROPOSAL
TO: Mr. Bob Terrell
City Manager
Fort Worth, Texas
FOR: WATER AND SANITARY SEWER MAIN REPLACEMENT IN MOORVIEW AVE.
FROM WILBARGER ST. TO RIMBEY RD.
DOE No. 2756
SEWER PROJECT NO. PS46-070460134830
WATER PROJECT NO. PW77-060770155090
Pursuant to the foregoing "NOTICE TO BIDDERS", the undersigned has thoroughly examined the plans,
specifications and the site, understands the amount of work to be done, and hereby proposes to do all the
work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in
the plans and specifications and subject to the inspection and approval of the Director, Department of
Engineering of the City of Fort Worth.
Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish
Performance, Maintenance Bond,and Payment Bond approved by the City of Fort Worth for performing and
completing the sewer construction work within the time stated and for the following sum, to-wit:
SANITARY SEWER MAIN REPLACEMENT
PAY APPROX DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM QTY UNIT PRICES WRITTEN IN WORDS PRICE BID
1. 993 LF 8-inch PVC sanitarysewer pipe(all depths)`
j�ld.tlm Dollars
and / , Cents per LF $ sU
2. 30 LF 8-inch DIP sanitary sewer pipe(all depths)
Dollars
cv o,
and 41A Cents per LF $ $
3. 1,023 LF Trench safety system for trenches(depth>5')
4&A.- Dollars
and �_ Cents per LF $ $ o a 3
4. 3 EA Remove existing sanitary sewer manholes
A)6 .�,( 114 Dollars
d� 0"
and AO Cents per EA $ 7SO
$
5. 7 EA Standard 4-foot diameter SSMH (to 6-foot depth)
1A,t)EL&j _.JAKA/y\,d_A t C Dollars
®L 00
and /Y\-U Cents per EA $ lano $
*,Contractor must complete City Approved Product Form on Page B 1-7.
B1-1
PAY APPROX DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM QTY UNIT PRICES WRITTEN IN WORDS PRICE BID
6. 3 VF Extra depth for 4-foot diameter SSMH
�
and rLo Cents per VF $ M $ R 75
7. 7 EA Watertight,manhole insert for SSMH
Dollars
v 00 00
and Cents per EA $ — $
.8. 7 EA Concrete collars for SSMH -(J
L11.1 1? - �a,� a Dollars
OG
and Cents per EA $ $
9. 7 EA Vacuum test SSMH
Kku .-/Y1 .! Dollars
and Cents per EA $ $ 700
10. 29 EA 4-inch PVC sanitary sewer service tap to PVC
pipe
Dollars
and , Cents per EA $ _D $ 7a50 ost
11. 725 LF 4-inch PVC sanitarysewer service lines*
ff
b,k d a A k-Q. Dollars
and h ., Cents per LF $ $
r12. 250 LF Concrete curb and gutter replacement
ZA A e-., Dollars
and Cents per LF $ $ ca
13. 1,284 LF Temporary asphalt pavement repair per Fig. B
wo „Q 0,M nn Dollars
eo
and Cents per LF $ —0 $
30
14. 55 LF Permanent asphalt pavement repair for per
Fig. 4 '' JJ
4 w.i�.►.�, Dollars
and 1�6 Cents per LF $ 06 $ a-7 Q o
*,Contractor must complete City Approved Product Form on Page B1-7.
B1-2
PAY APPROX DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM QTY UNIT PRICES WRITTEN IN WORDS PRICE BID
15. 20 LF Permanent concrete pavement repair for sewer
main per Fig. 1
, j�WI& ► Dollars
and r Cents per LF $ O $
16. 250 SY 4"concrete sidewalk repair
L� Dollars
and Cents per SY $ 30 $
17. 250 SY 6"concrete driveway repair
Dollars
D � od
V\and ,N Cents per SY $ $
18. 20 LF 6"Water Line adjustment complete in place
—LAX X X A 4 Dollars
and K-0 Cents per LF $ 0 $ to 00
19. 250 LF Solid sod replacement
Dollars
I U °s
and W C% Cents per LF $ $ � Q
rs
20. 1,023 LF Post-construction TV inspection of sanitary
sewer
Dollars
and ik 41 Cents per LF $ $ oc
21. 1,023 LF Pre-construction TV inspection of sanitary sewer
h)') 5 Dollars
and Ll Cents per LF $ $ �-
�
SUB-TOTAL AMOUNT BID SANITARY SEWER MAIN REPLACEMENT $f 50
r FORWARD SANITARY SEWER MAIN BID AMOUNT TO PAGE 131-6
Aft
B1-3
WATER MAIN REPLACEMENT
PAY APPROX DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM QTY UNIT PRICES WRITTEN IN WORDS PRICE BID
1. 1,085 LF 8-inch PVC DR-14 Water Line(includes removal
or abandonment of existing pipe)
Dollars
oU
and rx-n Cents per LF $ $331,
2. 2 EA 8"Gate Valve complete-with coast iron box and lid
J A MdQDollars
V V �o
and hc, Cents per EA $ s /30000 .
3. 1 EA 6"Gate Valve complete with cast iron box and lid
UjO , Il.(1 "1J V T/tDollars
and Cents per EA $ $ e;
4. 1 TN Cast Iron Fittings
1 t— �
1AAM A4 &Ilars
I V00
and 0-6 Cents per TN $ d,50(0� $
5. 14 EA 1"Service Taps to Main Water Line
LWO hAjAd A JA ' �6,tt A Dollars
and ((�� Cents per EA $ too
$ Soo
6. 14 EA Install Multiple Service Branches
AAy-O Y 1jyA.( AJ C� Dollars
so eG
and Vk-o Cents per EA $ $ a 960
k 7. 1 EA Class°A' Meter Box
Dollars
06 e�
and IY`cs Cents per EA $ 00 $
rp 8. 14 EA Class'C" Meter Box(BuIlHead Meter)
�AALL i LC4L 0 J t ollars
and Cents per EA $ $ 7
9. 10 LF 1"Copper service from main to meter including
any necessary meter box adjustment
- 1 �
/ , Dollars 00
and h U Cents per LF $ $
5
I�r
BI-4
PAY APPROX DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM QTY UNIT PRICES WRITTEN IN WORDS PRICE BID
10. 325 LF 1"Copper service from main to Bullhead meter
including any necessary meter box adjustment
Dollars
and 1:, Cents per LF $ 15 ` $ 7
11. 250 LF 3/4"Copper service from Bullhead meter to
Property Line
/,14 A'A L. Dollars
00
and Cents per LF $ $ a _00
12. 5 EA Relocate BullHead Meter Box �[)
Dollars
and blt� Cents per EA $ I o_ $ �=
13. 1 EA Remove Fire Hydrant Assembly
/.
-bi )b AA1AAQA 6Dollars
and Cents per EA $ $ 00
14. 1 EA Standard Fire Hydrant Assembly
7.(A�P 11 111( A p( �Dollars
o
and Yl6 Cents per EA $ p $
15. 50 LF Extra Depth for Water Main
Dollars
00
and Cents per LF $ $
16. 1 LS Furnish and Lay 2"Water Pipe and Fittings for
Temporary Service Connection for Project
P-4�2414 IL01
Dollars
and ('l Cents per LS $ o� $118fJ.1�
17. 1,350 LF Temporary asphalt pavement repair per Fig. B
Dollars
o L pf}
and 11 U Cents per LF $ $
18. 10 LF Permanent Concrete Pavement Repair per Fig. 1
+k iC ASI AA Dollars
and V-u Cents per LF $ � $ to o
BI-5
PAY APPROX DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT
ITEM QTY UNIT PRICES WRITTEN IN WORDS PRICE BID
19. 200 LF Concrete curb and gutter replacement
J lDollars
and Cents per LF $ v $
20. 200 SY 4"concrete sidewalk repair
L,VI AA LI Dollars
� eo o_
and M Cents per SY $ $
21. 150 SY 6"concrete driveway repair
-L" Dollars
and Itic, Cents per SY $ $
22. 150 LF Solid sod replacement
�l AIS Dollars
and M i Cents per LF $ S5_ $
23. 10 SY Replace T'concrete valley gutter
Dollars
oo •
and Cents per SY $ :z D $ 200
SUB-TOTAL AMOUNT BID WATER MAIN REPLACEMENT $ .o
FORWARDED SUB-TOTAL AMOUNT BID SEWER MAIN REPLACEMENT $ _ SU
TOTAL AMOUNT BID DOE NO. 2756 $ q0. q(y 7 5D
E
■
B1-6
CITY APPROVED PRODUCT FORM FOR*
*CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED
Standard Spec No. Size
E1-31 4" through 30"
E1-25 4" through 15"
E1-27 4" through 15"
E1-28 18" through 27"
E100-2 18" through 48"
Consult with"City of Fort Worth, Texas Standard Product List" to obtain the Generic/Trade
Name and the Manufacturer for the pipes listed above.
Failure to provide the information required above may result in rejection of bid as non-responsive.
Only products listed above will be allowed for use in this project. Any substitutions shall result in
rejection of bid as non-responsive.
B 1-7
BID PROPOSAL
Water and Sanitary Sewer Main Replacement in Moorview Ave.
From WiIbarger St. to Rimbey Rd.
Department of Engineering No. 2756
Plan and Profile Sheets 5 through 7
Plan Sheets 8 and 9
It is understood and agreed by the undersigned that the Owner reserves the unrestricted privilege to reject
any or all the foregoing unit prices in this paragraph which it may consider excessive or unreasonable, or to
accept any or all of them as unit prices applicable in the event additions to or deductions from the work to
be performed on this project are ordered by the Owner. Rejection at any time of such Unit Prices for
construction changes shall not otherwise affect the balance of the Bid or Construction Contract. The
selection of the lowest responsive bid shall be based on the total amount bid.
Only products or methods listed on the Current Approved Product List for City of Fort Worth Water
Department Projects will be allowed for use on this project. Approved product lists are available from the
City of Fort Worth Department of Engineering.
Within ten (10) days after notification by City, the undersigned will execute the formal contract and will
deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the
faithful performance of the Contract. The attached bid security in the amount of 5% is to become the
property of the City of Fort Worth,Texas, in the event the contract and bond or bonds are not executed and
delivered within the time above set forth, as liquidated damages for the delay and additional work caused
thereby.
The undersigned bidder certifies that he has been furnished at least one set of the General Contract
Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he
has read' and thoroughly understands all the requirements and conditions of those General Documents and
the specific Contract Documents and appurtenant plans
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors, or employment agency in either furnishing or referring employee applicants
to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as
amended by City Ordinance No. 7400.
This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article
20-04 (F) of the Texas Limited Sales, Excise and Use Tax Act. All equipment and materials not consumed
by or incorporated into the project construction,are subject to State sales taxes under house Bill 11,enacted
August 15, 1992. The successful Bidder shall be required to complete the attached Vendor Compliance to
State Law at the time of executing the contract.
The undersigned agrees to begin construction within ten (10) calendar days after issuance of the Work
Ober, and to complete all work covered by this Proposal within 120 calendar days from the date of the
Work Order.
(COMPLETE A OR B BELOW AS APPLICABLE:)
A. The principal place of business of our company is in the State of
Non resident bidders in the State of , our principal place of business, are
required to be percent lower than resident bidders of state law, a copy of 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.
B 1-8
Receipt is acknowledged of the following addenda. It is also acknowledged that these addenda have been
considered in this bid proposal.
Addendum No. 1 !X:O
Addendum No. 2
Addendum No. 3
r
Respectfully submitted,
(lat bm Q)_n��
(SEAL) By:
If Bidder is a Corporation
Date: Title
5(la
Address
P 9ttt u)&U:6 . V 7b l Cil
City/State
9/7 -�5D- 3SQ3
Telephone
Fax
e-mail
B1-9
PART C - GENERAL CONDITIONS
TABLE OF CONTENTS
NOVEMBER, 1, 1987
TABLE OF CONTENTS
Cl-1 DEFINITIONS
C1-1.1 Definition of Terms Cl-1 (1)
. C1-1.2 Contract Documents C1-1 (1)
C1-1.3 Notice to Bidders Cl-1 (2)
C1-1.4 Pr000sal Cl-1 (2)
C1-1.5 Bidder C1-1 ( Z)
C1-1.6 General Conditions C1-1 ( 2 )
C1-1.7 Special Conditions Cl-1 ( 2 )
C1-1.8 Specifications Cl-1 ( 2)
C1-1.9 Bond Cl-1 (2)
C1-1.10 Contract Cl-1 (3 )
C1-1.11 Plans C1-1 (3 )
C1-1.12 City C1-1 (3 )
C1-1.13 City Council C1-1 (3 )
C1-1.14 Mayor C1-1 (3 )
C1-1.15 City Manager C1-1 (3 )
C1-1.16 City Attorney Cl-1 (3)
C1-1.17 Director of Public Works Cl-1 (4 )
C1-1.18 Director, City Water Department Cl-1 (4 )
C1-1.19 Engineer C1-1 (4 )
C1-1.20 Contractor Cl-1 (4)
C1-1.21 Sureties Cl-1 (4)
C1-1.22 The Work or Project C1-1 (4 )
C1-1.23 Working Day Cl-1 (4)
C1-1.24 Calendar Day Cl-1 (4 )
C1-1.25 Legal Holiday Cl-1 (4 )
C1-1.26 Abbreviations Cl-1 (5)
C1-1.27 Change Order Cl-1 (6 )
C1-1.28 Paved Streets and Alleys Cl-1 (6 )
C1-1.29 Unpaved Streets and Alleys Cl-1 (6 )
C1-1.30 City Streets Cl-1 (6)
C1-1.31 Roadway C1-1 (,6 )
C1-1.32 Gravel Street Cl-1 (6 )
C2-2 INTERPRETATION AND PREPARATION
OF PROPOSAL
C2-2.1 Proposal Form C2-2 (1)
C2-2.2 Interpretation of Quantities C2-2 (1)
C2-2.3 Examination of Contract Documents
and Site C2-2 (2)
C2-2.4 Submitting of Proposal C2-2 (3 )
C2-2.5 Rejection of Proposals C2-2 (3 )
C2-2.6 Bid Security C2-2 (3 )
(1)
C2-2.7 Delivery of Proposal C2-2 ( 4 )
C2-2. 8 Withdrawing Proposals C2-2 ( 4 )
C2-2. 9 Telegraphic Modification of Proposals C2-2 (4 )
C2-2.10 Public Opening of Proposal C2-2 (4 )
C2-2. 11 Irregular Proposals C2-2 (4 )
C2-2.12 Disqualification of Bidders C2-2 (5 )
C3-3 AWARD AND EXECUTION OF DOCUMENTS
C3-3. 1 Consideration of Proposals C3-3 (1)
C3-3 .2 Minority Business Enterpise _
Women-Owned Business Enterprise
compliance C3-3 (1)
C3-3. 3 Equal Employment Provisions C3-3 (1)
C3-3 . 4 Withdrawal of Proposals C3-3 (2)
C3-3. 5 Award of Contract C3-3 (2)
C3-3.6 Return of Proposal Securities C3-3 (2)
C3-3.7 Bonds C3-3 (2)
C3-3. 8 Execution of Contract C3-3 (4)
C3-3. 9 Failure to Execute Contract C3-3 (4)
C3-3.10 Beginning Work C3-3 (4)
C3-3.11 Insurance C3-3 (4)
C3-3.12 Contractor ' s Obligations C3-3 (7)
C3-3.13 Weekly Payroll C3-3 (7)
C3-3.14 Contractor ' s Contract Administration C3-3 (7)
C3-3.15 Venue C3-3 (8)
C4-4 SCOPE OF WORK
C4-4.1 Intent of Contract Documents C4-4 (1)
C4-4.2 Special Provisions C4-4 (1)
C4-4.3 Increased or Decreased Quantities C4-4 (1)
C4-4.4 Alteration of Contract Documents C4-4 (2)
C4-4.5 Extra Work C4-4 (2)
C4-4.6 Schedule of Operations C4-4 (3)
C4-4.7 Progress Schedules for Water and
Sewer Plant Facilities C4-4 (4)
C5-5 CONTROL OF WORK AND MATERIALS
C5-5.1 Authority of Engineer C5-5 (1)
C5-5.2 Conformity with Plans C5-5 (1) ,
C5-5.3 Coordination of Contract Documents C5-5 (2)
C5-5.4 Cooperation of Contractor C5-5 (2)
C5-5.5 Emergency and/or Rectification Work C5-5 (3)
C5-5. 6 Field Office C5-5 (3)
C5-5.7 Construction Stakes C5-5 (3)
C5-5.8 Authority and Duties of Inspectors C5-5 (4)
C5-5.9 Inspection C5-5 (5)
C5-5.10 Removal of Defective and Unauthorized Work C5-5 (5)
C5-5.11 Substitute Materials or Equipment C5-5 (5)
C5-5.12 Samples and Tests of Materials C5-5 (6)
C5-5 .13 Storage of Materials C5-5 (6)
C5-5.14 Existing Structures and Utilities C5-5 (7)
C5-5 .15 Interruption of Service C5-5 (7)
C5-5.16 Mutual Responsibility of Contractors C5-5 (8)
C5-5.17 Cleanup C5-5 (8)
C5-5.18 Final Inspection C5-5 (9)
(2 )
C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
C6-6.1 Laws, to be observed C6-6 (1 )
C6-6.2 Permits and Licenses C6-6 (1 )
C6-6 . 3 Patented Devices, Materials and Processes C6-6 (1)
Cc-5. x'1 Sanitary Provisions C6-5 ( 2 )
C6-6.5 Public Safety and Convenience C6-6 (2 )
C6-6. 6 Privileges of Contractor in Streets,
Alleys, and Right-of-Way C6-6 (3 )
C6-6.7 Railway Crossings C6-6 (4 )
C6-6.8 Barricades, Warnings and Watchmen C6-6 (4 )
C6-6. 9 Use *of Explosives, Drop Weight, etc. C6-6 (5 )
C6-6.10 Work W thin Easements C6-6 (6 )
C6-6.11 Independent Contractor C6-E ( 8 ) .
C6-6.12 Contractor ' s Responsibility for
Damage Claims C6-6 ( 8 )
C6-6.13 Contractor ' s Claim for- Damages C6-6 (10)
C6-6.14 Adjustment -of Relocation of Public
Utilities, etc. C6-6 (10)
C6-6.15 Temporary Sewer Drain Connections C6-6 (10 )
C6-6.16 Arrangement and Charges of Water
Furnished by City C6-6 (11)
C6-6.17 Use of a Section of Portion of the Work C6-6 (11)
C6-6.18 Contractor 's Responsibility for Work C6-6 (11)
C6-6.19 No Waiver of Legal Rights C6-6 (12)
C6-6.20 Personal Liability of Public Officials C6-6 (12)
C6-6.21 State Sales Tax C6-6 (12)
C7-7 PROSECUTION AND PROGRESS
C7-7.1 Subletting C7-7 (1)
C7-7.2 Assignment of Contract C7-7 (1 )
C7-7.3 Prosecution of the Work C7-7 (1 )
C7-7. 4 Limitations of Operations C7-7 (2 )
C7-7.5 Character of Workman and Equipment C7-7 (2)
C7-7. 6 Work Schedule C7-7 (3 )
C7-7.7 Time of Commencement and Completion C7-7 (4 )
C7-7. 8 Extension of time of Completion C7-7 (4 )
C7-7. 9 Delays C7-7 (4 )
C7-7.10 Time of Completion C7-7 (5 )
C7-7.11 Suspension by Court Order C7-7 (6 )
C7-7.12 Temporary Suspension C7-7 (6 )
C7-7.13 Termination of Contract due to
National Emergency C7-7 (7)
C7-7.14 Suspension of Abandonment of the
Work and Annulment of Contract C7-7 (7 )
C7-7.15 Fulfillment of Contract C7-7 (9 )
C7-7.16 Termination for Convenience of the Onwer C7-7 (10)
C7-7.17 Safety Methods and Practices C7-7 (13)
C8-8 MEASUREMENT AND PAYMENT
C8-8.1 Measurement of Quantities C8-8 (1)
C8-8. 2 Unit Prices C8-8 (1)
(3)
C8-8 .3 Lump Sum C8-8 (1 )
C8-8.4 Scope of Payment C8-8 (1 )
C8-8.5 Partial Estimates and Retainage C8-8 (2 )
C8-8.5 Withholding Payment C8-8 (3 )
C8-8.7 Final Acceptance C8-8 (3 )
C8-8.8 Final Payment C8-8 (3 )
C8-8.9 Adquacy of Design C8-8 (4)
C8-8.10 General Guaranty C8-8 (4 )
C8-8.11 Subsidiary Work C8-8 (5 )
C8-8.12 Miscellaneous Placement of Material C8-8 (5 )
C8-8.13 Record Documents C8-8 (5 )
i
r�
s
(4)
PART C - GENERAL CONDITIONS
C1-1 DEFINITIONS
SECTION C1-1 DEFINITIONS
C1-1 . 1 DEFINITIONS OF TERMS : Whenever in these Contract
Documents the following terms or pronouns in place of them are
used , the intent and meaning shall be understood and
interpreted as follows:
C1-1. 2 CONTRACT DOCUMENTS: The Contract Lo^wants are all of
the written and drawn documents , such as specifications ,
bonds , addenda , plans , etc . ., which govern the terms and
performance of the contract . These are contained in the
General Contract Documents and the Special Contract Documents.
a. GENERAL CONTRACT DOCUMENTS : The General Contract
Documents govern all Water Department Projects and
include the following items:
PART A - NOTICE TO BIDDERS (Sample) White
PART B - PROPOSAL . (Sample) White
PART C - GENERAL CONDITIONS (CITY) Canary Yellow
(Developer) Brown
PART D - SPECIAL CONDITIONS Green
PART E - SPECIFICATIONS E1-White
E2-Golden Rod
E2A-White
PERMITS/EASEMENTS Blue
PART F - BONDS (Sample) White
PART G - CONTRACT (Sample) White
b. SPECIAL CONTRACT DOCUMENTS: The Special Contract
Documents are prepared for each specific project as
a supplement to the General Contract Documentg• and
include the following items :
PART A - NOTICE TO BIDDERS (Advertisement) Same as
above
PART B - PROPOSAL (Bid)
PART C - GENERAL CONDITIONS
PART D - SPECIAL CONDITIONS
PART E - SPECIFICATIONS
PERMITS/EASEMENTS
PART F - BONDS
PART G - CONTRACT
PART H - PLANS (Usually bound separately)
CI-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 done, together with the bid security, constitutes the
Proposal , which becomes binding upon the Bidder when it is
officially received by the Owner , has been publicly opened and'
read and not rejected by the Owner.
C1-1 . 5 BIDDER : Any person , persons , firm, partnership , F
company, association, corporation, acting directly or through
a duly authorized representative , submitting a proposal for
performing the work contemplated under the Contract Documents ,
constitutes a bidder.
C1-1 . 6 GENERAL CONDITIONS: The General Conditions are the
usual construction and. contract requirements which govern the
performance of the work so that it will be carried on in
accordance with the customary procedure, the local statutes ,
and requirements of the City of Fort Worth ' s charter and
promulgated ordinances.
Wherever there may be a conflict between the General
Conditions and Special Conditions , the latter shall take
precedence and shall govern.
C1-1 . 7 SPECIAL CONDITIONS : Special conditions are the
specific requirements which are necessary for the particular
project covered by the Contract Documents and not specifically
covered in the General Conditions. When considered with the
General Conditions and other elements of the Contract
Documents they provide the information which the Contractor
and Owner should have in order to gain a thorough knowledge of
the project.
C1-1 . 8 SPECIFICATIONS: The Specifications is that section or
part of the Contract Documents which sets forth in detail the
requirements which must be met by all materials, construction,
workmanship, equipment and services in order to render a
completed and useful project . Whenever reference is made to
standard specifications, regulations, requirements , statutes ,
etc . , such referred to documents shall become a part of the
Contract Documents just as though they were embodied therein.
C1-1 . 9 BOND: The bond or bonds are the written guarantee or
security furnished by the Contractor for the prompt and
Cl-1 (2)
faithful performance of the contract and include the
following :
a. Performance Bond (see paragraph C3-3 .7 )
b. Payment Bond (see paragraph C3-3 . 7 )
C. Maintenance Bond (see paragraph C3-3.7 )
d. Proposal or Bid Security (see Special Instructions
to Bidders, Part A and C2-2 .6 )
C1-1 . 10 CONTRACT: The Contract is the formal signed agreement
between the Owner and the Contractor covering the muttual
understanding 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
the location , dimension and position of the various elements
of the project , including such profiles , typical
cross-sections , layout diagrams, working drawings, preliminary
drawings and such supplemental drawings as the Owner may issue
to clarify other drawings or , for the purpose of showing
changes in the work hereinafter authorized by the Owner . The
plans are usually bound separately from other parts of the
Contract Documents , but they are a part of the Contract
Documents just as though they were bound therein.
C1-1 . 12 CITY: The City of Fort Worth, Texas , a municipal
corporation, authorized and chartered under the Texas State
Statutes , acting by and through its governing body or its City
Manger , each of which is required by charter to perform
specific duties . Responsibility for final enforcement of
Contracts involving the City of Fort - Worth is by Charter
vested in the City Manager . The terms City and Owner are
synonymous.
CI-1 . 13 CITY COUNCIL : The duly elected and qualified
governing body of the City of Fort Worth, Texas.
• C1-1 . 14 MAYOR : The officially elected Mayor , or in his
absence, the Mayor Pro tem of the City of Fort Worth, Texas .
C1-1 . 15 CITY MANAGER: The officially appointed and authorized
City Manager of the City of Fort Worth , Texas , or his duly
authorized representative.
C1-1. 16 CITY ATTORNEY: The officially appointed City Attorney
of the City of Fort Worth, Texas , or his duly authorized
representative.
C1-1 (3 )
C1-1 . 17 DIRECTOR OF PUBLIC WORKS: 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 City Water Department of the City of Fort
Worth , Texas , or his duly authorized representative ,
assistant, or agents .
C1-1 . 19 ENGINEER: The Director of Public Works, the Director
of the Fort Worth City Water Department , or their duly
authorized assistants , agents , engineers , inspectors , or
superintendents, acting within the 'scope of the particular
duties entrusted to them.
6
C1-1 . 20 CONTRACTOR: The person , persons , partnership ,
company, firm, association, or corporation, entering into a
contract with the Owner for the execution of the work, acting
directly or through a duly authorized representative . A
sub-contractor is a person, firm, corporation, or others under
contract with the principal contractor, supplying labor and
materials or only labor, for work at the site of the project.
C1-1 . 21 SURETIES: The Corporate bodies which are bound by
such bonds are required with and for the Contractor . The
sureties engaged are to be fully responsible for the entire
and satisfactory fulfillment of the Contract and for any and
all requirements as set forth in the Contract Documents and
approved changes therein.
C1-1. 22 THE WORK OR PROJECT: The completed work contemplated
in and covered by the Contract Documents , including but not
limited to the furnishing of all labor , materials, tools ,
equipment, and incidentals necessary to produce a completed
and serviceable project.
C1-1. 23 WORKING DAY : A working day is defined as a calendar
day, not including Saturdays, Sundays , and legal holidays , in
which the weather or other conditions not under the control of
the Contractor permit the performance of the principal unit of
work for a period of not less than seven ( 7 ) hours between
7 : 00 a.m. and 6: 00 p.m. , with exceptions as permitted in
paragraph C7-7 .6.
C1-1 . 24 CALENDAR DAYS : A calendar day is any day of the week
or month, no days being excepted.
C1-1 . 25 LEGAL HOLIDAYS: Legal holidays shall be observed as
prescribed by the City Council of the City of Fort Worth for
observance by City employees as follows:
Cl-1 (4)
1. New Year's Day January 1
2. M. L. King, Jr. Birthday Third Monday in January
3 . Memorial Day Last Monday in May
4 . Independence Day July 4
S. Labor Day First Monday in September
6 . Thanksgiving Day Fourth Thursday in November
7 . Thanksgiving Friday Fourth Friday in November
8 . Christmas Day December 25
9 . Such other days in lieu of
holidays as the City Council
may determine
rt When one of the above named 'holidays or a special holiday is
declared by the City Council , falls on Saturday, the holiday
shall be observed on the preceding Friday or if it falls on
Sunday, it shall be observed on the following Monday, by those
employees working on working day operations . Employees
working calendar day operations will consider the calendar
holiday as the holiday.
C1-1. 26 ABBREVIATIONS : Wherever the abbreviations defined
herein appear in Contract Documents , the intent and meaning
shall be as follows:
AASHTO - American Association of MGD - Million Gallons Per
State Highway Transportation Day
Officials
ASCE - American Society of Civil CFS - Cubic Foot per
Engineers Second
LAW - In Accordance With
ASTM - American Society of Min. - Minimum
Testing Materials Mono.- Monolithic
AWWA - American Water Works % - Percentum
Association R - Radius
ASA - American Standards Association I.D. - Inside Diameter
HI - Hydraulic Institute O. D . - Outside
Diameter
Asph. - Asphalt Elev.- Elevation
Ave. - Avenue F - Fahrenheit
Blvd. - Boulevard C -Centigrade
CI - Cast Iron In. - Inch
CL - Center Line Ft. - Foot
GI - Galvanized Iron St. - Street
Lin. - Linear or Lineal CY - Cubic Yard
lb. - Pound Yd. - Yard
MH - Manhole SY - Square Yard
Max. - Maximum L.F. - Linear Foot
D.I . - Ductile Iron
Cl-1 (5)
C1-1 . 27 CHANGE ORDER : A " Change Order " is a written
supplemental agreement between the Owner and the Contractor
covering some added or deducted item or feature which may be
found necessary and which was not specifically included in the
scope of the project on which bids were submitted. Increase
in unit quantities stated in the proposal are not the subject
matter of a Change Order unless the increase or decrease is
more than 25% of the amount of the particular item or items in
the original proposal.
All "Change Orders " shall be prepared by the City from
information as necessary furnished by the Contractor.
C1-1. 28 PAVED STREETS AND ALLEYS : A paved street or alley
Th-all be defined as a street or alley having one of the
following types of wearing surfaces applied over the natural
unimproved surface:
1. Any type of asphaltic concrete with or without
separate base material.
2. Any type of asphalt surface treatment , not
including an oiled surface , with or without
separate base material.
3. Brick, with or without separate base material.
4. Concrete, with or without separate base material.
5. Any combination of the above.
C1-1. 29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley,
roadway or other surface is any area except those defined
above for "Paved Streets and Alleys. "
C1-1 . 30 CITY STREETS: A city street is defined as that area
between the right-of-way lines as the street is dedicated.
C1-1. 31 ROADWAY: The roadway is defined as the area between
parallel lines two ( 2 ' ) feet back of the curb lines or four
( 4 ' ) feet back of the average edge of pavement where no curb
exists.
C1-1. 32 GRAVEL STREET: A gravel street is 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)
SECTION C - GENE AL CONDITIONS
C2-2 INTERPRETATION AND
PREPARATION OF PROPOSAL
SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL
r
C2-2 . 1 PROPOSAL FORM: The Owner will furnish bidders with
proposal . form, which will contain an itemized list of the
items of work to be done or materials to be furnished and upon
which bid prices are requested. The Proposal form will state
the Bidder ' s °eneral �:ndeistanding n the project to be
completed, provide a space for furnishing the amount of bid
security , and state the basis for entering in-o a normal
contract . The Owner will furnish forms for the Bidder ' s
" Experience Record, " "Equipment Schedule, " and "Financial
Statement," all of which must be properly executed and filed
with the Director of the City Water Department one week prior
to the hour for opening of bids.
The financial statement required shall have been prepared by
an independent certified public accountant or an independent
public accountant holding a 'valid permit issued by an
appropriate state licensing agency, and shall have been so
prepared as to reflect the current financial status . This
statement must be current and not more than one ( 1 ) year old.
In the case that a bidding date falls within the time a new
statement is being prepared, the previous statement shall be
updated by proper -verification. Liquid assets in the amount
of ten ( 10% ) percent of the - estimated project cost will be
required.
For an experience record to be considered to be acceptable for
a given project, it must reflect the experience of the firm
seeking qualification in work of both the same nature and
magnitude as that of the project for which bids are to be
received , and such experience must have been on projects
completed not more than five ( 5 ) years prior to the date on
which are to be received . The Director of the Water
department shall be sole judge as to the acceptability of
experience for qualification to bid on any Fort Worth Water
Department project.
The prospective bidder shall schedule the equipment he has
available for the project and state that he will rent such
additional equipment as may be required to complete the
project on which he submits a bid.
C2-2 . 2 INTERPRETATION OF QUANTITIES : The quantities of work
and materials to be furnished as may be listed in the proposal
C2-2 (1)
forms or other parts of the Contract Documents will be
considered as approximate only and will be used for the
purpose of comparing bids on a uniform basis. Payment will be
made to the Contractor for only the actual quantities of work
performed or materials furnished in strict accordance with the
Contract Documents and Plans . The quantities of work to be
performed and materials to be furnished may be increased or •
decreased as hereinafter provided , without in any way
invalidating the unit prices bid or any other requirements of
the Contract Documents.
C2-2. 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT:
Bidders are advised that the Contract Documents on file with
the Owner shall constitute all 'of the information which the z
Owner will furnish. All additional information and data which
the owner will supply after promulgation of the formai
contract documents shall be issued in the form of written
addenda and shall become part of the Contract Documents just
as though such addenda were actually written into the original
Contract Documents .
Bidders are required, prior to the filing of proposal, to read
and become familiar with the Contract Documents, to visit the
site of the project and examine carefully all local
conditions , to inform themselves by their own independent
research and investigations, tests , boring, and by such other
means as may be necessary to gain a complete knowledge of the
conditions which will be encountered during the construction
of the project . They must judge for themselves the
difficulties of the work and all attending circumstances
affecting the cost of doing the work or the -time required for
its completion, and obtain all information required to make an
intelligent proposal. No information given by the Owner or
any representative of the Owner other than that contained in
the Contract Documents and officially promulgated addenda
thereto, shall be binding upon the Owner. Bidders shall rely
exclusively and solely upon their own estimates ,
investigation , research , tests , explorations, and other data
which are necessary for full and complete information upon
which the proposal is to be based. It is mutually agreed that
the submission of a proposal is prima-facie evidence that the
bidder has made the investigations , examinations and tests
herein required . Claims for additional compensation due to
variations between conditions actually encountered in
construction and as indicated in the Contract Documents will
not be allowed.
The logs of Soil Borings , if any, showing on the plans are for
general information only and may not be correct. Neither the
C2-2 (2)
Owner nor the Engineer guarantee that the data shown is
representative of conditions which actually exist.
C2-2 . 4 SUBMITTING OF PROPOSAL: The Bidder shall submit his
Proposal on the form furnished by the Owner. All blank spaces
applicable to the project contained in the form shall be
correctly filled in and the Bidder shall state the prices ,
written in ink in both words and numerals , for which he
proposes 'to do the work contemplated or furnishe the materials
required . All such prices shall be written legibly. In case
of discrepancy between the price written in words and t:: a
price written in numerals, the price most advantageous to the
City shall govern.
If a proposal is submitted by an individual, his or her name.
must be signed by him (her) or his (her) duly authorized agent.
if a proposal is submitted by a firm, association , or
partnership , the name and address of each member must be
given , and the proposal must be signed by a member of the
firm, association , or partnership , or by a person duly
authorized . If a proposal is. submitted by a company or
corporation , the company or corporate name and business
address must be given , and the proposal signed by an official
or duly authorized agent. The corporate seal must be affixed.
Power of Attorney authorizing agents or others to sign
proposal must be properly certified and must be in writing and
•� submitted with the proposal.
C2-2 . 5 REJECTION OF PROPOSALS : Proposals may be rejected if
they show any alteration of words or figures, additions not
called for , conditional or uncalled for alternate bids ,
incomplete bids, erasures , or irregularities of any kind, or
contain unbalance value of any items . Proposal tendered or
delivered after the official time designated for receipt of
proposal shall be returned to the Bidder unopened.
C2-2. 6 BID • SECURITY: No proposal will be considered unless it
is accompanied by a "Proposal Security" of the character and
in the amount indicated in the "Notice to Bidders" and the
"Proposal. " The Bid Security is required by the Owner as
evidence of good faith on the part of the Bidder, and by way
of a guaranty that if awarded the contract, the Bidder will
within the required time execute a formal contract and furnish
the required performance and other bonds. The bid security of
the three lowest bidders will be retained until the contract
is awarded or other disposition is made thereof . The bid
security of all other bidders may be returned promptly after
the canvass of bids.
C2-2(3 )
C2-2 . 7 DELIVERY OF PROPOSAL: No proposal will be considered
unless it is delivered , accompanied by its proper Bid
Security, to the City Manager or his representative in the
official place of business as set forth in the "Notice to
Bidders . " It is the Bidder ' s sole responsibility to deliver
the proposal at the proper time to the proper place . The mere
fact that a proposal was dispatched will not be considered.
The Bidder must have the proposal actually delivered. Each
proposal. shall be in a sealed envelope plainly marked with the
word "PROPOSAL," and the name or description of the project as
designated in the "Notice to Bidders. " The envelope shall be
addressed to the City Manager, City Hall, Fort Worth, Texas.
C2-2 . 8 WITHDRAWING PROPOSALS : Proposals actually filed with
the City Manager cannot be withdrawn prior to the time set for .,
opening proposals . A request for non-consideration of a
proposal must be made in writing , addressed to the City
Manager , and filed with him prior to the time set for the
opening of proposals. After all proposals not requested for
non-consideration are opened and publicly read aloud, the
proposals for which non-consideration requests have been
properly filed 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 City Manager
prior to the said proposal opening time, and provided further,
that the City Manager is satisfied that a written and duly
authenticated confirmation of such telegraphic communication
over the signature of the bidder was mailed prior to the
proposal opening time. If such confirmation is not received
within forty-eight (48) hours after the proposal opening time,
no further consideration will be given to the proposal.
C2-2 . 10 PUBLIC OPENING OF PROPOSAL: Proposals which have been
properly filed and for which no "Non-consideration Request"
has been received will be publicly opened and read aloud by
the City Manager or his authorized representative at the time
and place indicated in the "Notice to Bidders . " All proposals
which have been opened and read will remain on file with the
Owner until the contract has been awarded. Bidders or their
authorized representatives are invited to be present for the
opening of bids.
C2-2 . 11 IRREGULAR PROPOSALS: Proposals shall be considered as
being "Irregular" if they show any omissions , alterations of
form, additions , or conditions not called for, unauthorized
alternate bids , or irregularities of any kind. However , the
C2-2(4)
Owner reserves the right to waive any and all irregularities
and to make the award of the contract to the best interest of
the City. Tendering a proposal after the closing hour is an
irregularity which cannot be waived.
C2 -2 . 12 DISQUALIFICATION OF BIDDERS : Bidders may be
disqualified and their proposals not considered for any of ,
but not limited to, the following reason:
a. Reasons for believing that collusion exists among
bidders.
b. Reasonable grounds for believing that any bidder is
interested in more than one proposal for work
contemplated.
C. The bidder being interested in any litigation
against the Owner or where the Owner may have a
claim against or be engaged in litigation against
the bidder.
d. The bidder being in arrears on any existing contract
or having defaulted on a previous contract.
e. The bidder having performed a prior contract in an
unsatisfactory manner.
f . Lack of competency as revealed by the financial
statement, experience record, equipment schedule,
and such inquiries as the Owner may see fit to make.
g. Uncompleted work which , in the judgment of the
Owner., will- prevent or hinder the prompt completion
of additional work if awarded.
h . The bidder not filing with the Owner , one week in
advance of the hour of the opening of proposals the
following:
1. Financial Statement showing the financial
condition of the bidder as specified in Part
"A" - Special Instructions.
2. A current experience record showing especially
the projects of a nature similar to the•° one
under consideration , which have been
successfully completed by the Bidder.
3 . An equipment schedule showing the equipment
the bidder has available for use on the
project.
The Bid Proposal of a bidder who, in the judgment of the
Engineer , is disqualified under the requirements stated
herein, shall be set aside and not opened.
C2-2(5)
PART C - GENERAL CONDITIO.cS
C3-3 AWARD AND EXECUTION OF
DOCUMENTS
SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS:
C3-3 . 1 CONSIDERATION OF PROPOSALS: After proposals have been
opened and read aloud, the proposals will be tabulated on the
basis of* the quoted prices , the quantities shown in the
proposal , and the application of such formulas or other
net- hods of bringing items to a common basis as may be
established in the Contract Documents.
The total obtained by taking the sum of the products of unit
prices quoted and the estimated quantities plus any lump sum
items and such other quoted amounts as may enter into the cost
of the completed project will be considered as the amount of
the bid.
Until the award of the contract is made by the Owner, the
right will be reserved to reject any or all proposals and
. waive technicalities, to re-advertise for new proposals, or to
proceed with the work in any manner as maybe considered for
the best interest of the Owner.
C3 -3 . 2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS
ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner,
upon request , complete and accurate information regarding
actual work performed by a Minority Business Enterprise (MBE)
and or a a Woman-owned Business Enterprise (WBE) on the
contract and the payment therefor. Contractor further agrees ,
upon request by Owner , to allow and audit and/or an
examination of any books , records, or files in the possession
of Contractor that will substantiate the actual work performed
by the MBE or WBE. Any material misrepresentation of any
nature will be grounds for termination of the contract and- for
initiating any action under appropriate federal , state or
local laws and ordinances relating to false statements;
further , any such misrepresentation may be grounds for
disqualification of Contractor at Owner ' s discretion for
bidding on future Contracts with th.e Owner for a period of
time of not less than six (6 ) months.
C3-3 . 3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall
comply with Current City Ordinance prohibiting discrimination
in employment practices.
C3-3 (1)
The Contractor shall post the required notice to that effect m
on the project site , and, at his request , will be provided
assistance by the City of Fort Worth ' s Equal Employment
Officer who will refer any qualified applicant he may have on
file in his office to the Contractor . Appropriate notices may
be acquired from the Equal Employment Officer.
C3-3 . 4 WITHDRAWAL OF PROPOSALS : After a proposal has been
Fe-ad by the Owner it cannot be wa.thdrawn by the Bidder within
forty-five ( 45 ) days after the date on which the proposals
were opened.
C3-3 . 5 AWARD OF CONTRACT: The Owner reserves the right to
withholdfinal action on the proposals for a reasonable time,
not to exceed forty-five ( 45 ) days after the date of opening
proposals, and in no event will an award be made until after
investigations have been made as to the responsibility of the
proposed awardee.
The award of the contract, if an award is made, will be to the
lowest and best responsible bidder.
The award of the contract shall not become effective until the
Owner has notified the Contractor in writing of such award.
C3-3 . 6 RETURN OF PROPOSAL SECURITIES: As soon as proposed
price totals have been determined for comparison of bids , the
Owner may, at its discretion, return the proposal security
which accompanied the proposals which, in its judgment, would
not be considered for the award . All other proposal
securities , usually those of the three lowest bidders, will be
retained by the Owner until the required contract has been
executed and bond furnished or the Owner has otherwise
disposed of the bids, after which they will be returned .by the
City Secretary.
C3-3 .7 BONDS : With the execution and delivery of the Contract
Documents, the Contractor shall furnish to, and file with the
Owner in the amounts herein required, the following bonds:
a. PERFORMANCE BOND : A good and sufficient
performance bond in an amount not less than 100
percent of the amount of the contract, as evidenced
by the proposal tabulation or otherwise ,
guaranteeing the full and faithful execution of the
work and performance of the contract, and for the
protection of the Owner and all other persons
against damage by reason of negligence of the
Contractor , or improper execution of ' the work or
the use of inferior materials . This performance
C3-3 (2)
bond shall guarantee the payment for all labor ,
materials , equipment, supplies , and services used
in the construction of the 'work , and shall remair.
in full force and effect until provisions as above
stipulated are accomplished and final payment is
made on the project by the City.
b. MAINTENANCE BOND : A good and sufficient
maintenance bond, in the amount of not less than
100 percent of the amount of the contract, as
evidenced by the proposal tabulation or otherwise ,
guaranteeing the prompt , full and faithful
performance of the general guaranty which is set
forth in paragraph C8-8.10.
c. PAYMENT BOND : A good and sufficient payment bond,-
in an amount not less than 100 percent of the
amount of the contract , as evidenced by the
proposal tabulation or otherwise , guaranteeing the
prompt, full and faithful payment of all claimants
as defined in Article 5160, Revised Civil Statutes
of Texas , 1925 , as amended by House Bill 344 Acts
56th Legislature, Regular Session , 1959 , effective
April 27 , 1959 , and/or the latest version thereof,
supplying labor and materials in the prosecution of
the work provided for in the contract being
constructed under these specifications . Payment
'Bond shall remain in force until all payments as
above stipulated are made.
d. OTHER BONDS : Such other bonds as may be required
by these Contract Documents shall be furnished by
the Contractor.
No sureties will be accepted by the Owner which are at the
time in default or delinquent on any bonds or which are
interested in any litigation against the owner. All bonds
shall be made on the forms furnished by the Owner and shall be
executed by an approved surety company doing business in the
City of Fort Worth, Texas , and which is acceptable to the
owner . In order to be acceptable, the name of the surety
shall be included on the current U . S . Treasury list of
acceptable sureties, and the amount of bond written by any one
acceptable company shall not exceed the amount shown on the
Treasury list for that company. Each bond shall be properly
executed by both the Contractor and Surety Company.
Should any surety on the contract be determined unsatisfactory
at any time by the Owner , notice will be given the Contractor
to that effect and the Contractor shall immediately provide a
C3-3 (3 )
new surety satisfactory to the Owner. No payment will be made
under the contract until the new surety or sureties , as
required , have qualified and have been accepted by the Owner.
The contract shall not be operative nor will any payments be
due or paid until approval of the bonds by the Owner.
C3-3 . $ EXECUTION OF CONTRACT: Within ten (10 ) days after the
Owner has by appropriate resolution, or otherwise, awarded the
contract., the Contractor shall execute and file with the Owner
the Contract and such bonds as may be required in the Contract
Documents .
No contract shall be binding upon the owner until it has been
attested by the City Secretary , approved as to form and
legality by the City Attorney, and executed for the Owner by
either the Mayor or City Manager .
C3-3 . 9 FAILURE TO EXECUTE CONTRACT : The failure of the
Awardee to execute the required bond or bonds or to sign the
required contract within ten ( 10) days after the contract is
awarded shall be considered by the owner as an abandonment of
his proposal, and the Owner may annul 'the Award. By reason of
the uncertainty of the market prices of material and labor ,
and it being impracticable and difficult to accurately
determine the amount of damages occuring to the Owner by
reason of said awardee' s failure to execute said bonds and
contract within ten ( 10 ) days , the proposal security
accompanying the proposal shall be the agreed amount of
damages which Owner will suffer by reason of such failure on
the part of the Awardee and shall thereupon immediately be
forfeited to the Owner.
The filing of a proposal will be considered as an acceptance
of this provision by the Bidder.
C3-3 . 10 BEGINNING WORK: The Contractor shall not commence
work until •authorized in writing to do so by the Owner .
Should the Contractor fail to commence work at the site of the
project within the time stipulated in the written
authorization usually termed the "Work Order" or "Proceed
Order" , it is agreed that the Surety Company will , within ten
( 10 ) days after the commencement date set forth in such
written authorization, commence the physical execution of the
contract.
C3-3 . 11 INSURANCE: The Contractor shall not commence work
under this contract until he has obtained all the insurance
required under the Contract Documents , and such insurance has
been approved by the Owner . The prime Contractor shall be
responsible for delivering to the Owner the sub-contractors '
C3-3 (4)
certificate of insurance for approval . The prime contractor
shall indicate on the certificate of insurance included in the
documents for execution whether or not his insurance covers
sub-contractors . It is the intention of the Owner that the
insurance coverage required herein shall include the coverage
of all sub-contractors .
a. COMPENSATION INSURANCE : The Contractor shall
maintain , during the life of this contract ,
Workers ' Compensation Insurance on all of his
employees to be engaged in work on the project
under this contract, and for all sub-contractors .
In case any clF.ss of employees engaged in hazardous
work on the project under this contract is not
protected under the Workers ' Compensation Statute ,
the Contractor shall provide adequate employer ' s
general liability insurance for the protection bf
such of his employees not so protected.
b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The
Contractor shall procure and shall maintain during
the life of this- - contract Contractor ' s
Comprehensive General Liability Insurance (Public
Liability and Property Damage Insurance) in an
amount not less than $ 500 , 000 covering each
occurrence on account of bodily injury, including
death, and in an amount not less than $ 500 , 000
T` covering each occurrence on account of property
damage with $2,000 ,000 umbrella policy coverage.
C. ADDITIONAL LIABILITY : The Contractor shall
furnish insurance as separate policies or by
additional endorsement to one of the
above-mentioned policies , and in the amount as set
forth for public liability and property damage, the
following insurance:
1. Contingent Liability ( covers General
Contractor ' s Liability for acts of
sub-contractors) .
2. Blasting, prior to any blasting being done.
3 . Collapse of buildings or structures adjacent
to excavation ( if excavations are to be
performed adjacent to same) .
't 4 . Damage to underground utilities for $500,000 .
C3-3 (5 )
_
5. Builder 's risk (where above-ground structures
are involved) .
6. Contractual Liability ( covers all
indemnification requirements of Contract) .
d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY
DAMAGE: The Contractor shall .procure and maintain ,
during the life of this Contract, Comprehensive
Automobile Liability insurance in an amount not -
less than $ 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 , re'spectively, against damage
claims which may arise from operations under this
contract, whether such operations be by the insured
or by, anyone directly or indirectly employed by
him, and also against any of the following special
hazards which may be encountered in the performance
of the Contract.
f . PROOF OF CARRIAGE OF INSURANCE: The Contractor
shall furnish the Owner with satisfactory proof of
coverage by insurance required in these Contract
Documents in amounts and by carriers satisfactory
to the Owner . ( Sample attached. ) All insurance
requirements made upon the Contractor shall apply
to the sub- contractor , should the Prime
Contractor ' s insurance not cover the
sub-contractor ' s work operations .
g. LOCAL AGENT FOR INSURANCE AND BONDING : The
insurance and bonding companies with whom the
Contractor ' s insurance and performance , payment ,
maintenance and all such other bonds are written
shall be represented by an agent or agents having
an office located within the city limits of the
C3-3 (6)
City of Fort Worth, Tarrant County, Texas . teach
such agent shall be a duly qualified, one upon whom
service of process may be had , and must have
authority and power to act on behalf of the
insurance and/or bonding company to negotiate and
settle with the City of Fort Worth, or any other
claimant, any claims that the City of Fort Worth or
other claimant or any property owner who has been
. damaged , may have against the Contractor ,
insurance , and/or bonding company. If the local
insurance representative is not so empowered by the
insurance or bonding companies, then such authority
:-lust be vestf!d in z local agent or claims of`.cer
residing in the Metroplex, the Fort Worth-Dallas
area . The name of the agent or agents shall be set
forth on all of such bonds and certificates of
insurance.
C3-3 .12 CONTRACTOR' S OBLIGATIONS : Under the Contract, the
Contractor shall pay for all materials , labor and services
when due.
C3-3 . 13 WEEKLY PAYROLL: A certified copy of each payroll
covering payment of wages to all person engaged in work on the
project at the site of the project shall be furnished to the
Owner' s representative within seven ( 7 ) days after the close
of each payroll period. A copy or copies of the applicable
minimum wage rates as set forth in the Contract Documents
shall be kept posted in a conspicuous place at the site of the
project at all times during the course of the Contract .
Copies of the wage rates will be furnished the Contractor, by
the Owner; however, posting and protection of the wage rates
shall be the responsibility of the Contractor.
C3-3 . 14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor,
whether a person , persons , partnership , company , firm ,
association , corporation or other who is approved to. do
business with and enters into a contract with the City ' 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 the work or any other
C3-3 (7)
matter associated such as maintaining -adequate and appropriate
insurance or security coverage for the project . Such local
authority for administration of the work under the Contract
shall be maintained until all business transactions executed
as part of the Contract are complete.
Should the Contractor ' s principal base of operations be other
than in the Fort Worth-Dallas metropolitan area, notification
of the Contractor ' s assignment of local authority shall be
made in writing to the Engineer in advance of any work on the
project,' all appropriately signed and sealed, as applicable,
by the Contractor ' s responsible officers with the
understanding that this written assignment of authority to a
local representative shall become part of the project Contract
as though bound directly into the project documents . The
intent of these requirements is that all matters associated
with the Contractor ' s administration , whether it be oriented
in furthering the work, or other, be governed direct by local
authority . This same requirement is imposed on insurance and
surety coverage. Should the Contractor 's local representative
fail to perform to the satisfaction of Engineer, the Engineer,
at his sole discretion , may demand that such local
representative be replaced and the Engineer may, at his sole
discretion , stop all work until a new local authority
satisfactory to the Engineer is assigned . No credit of
working time will be for periods in which work stoppages are
in effect for this reason.
C3-3 . 15 VENUE : Venue of any action hereinunder shall be
exclusively in Tarrant County, Texas.
C3-3 (8 )
PART C - GENERAL CONDITIONS
C4-4 SCOPE OF WORK
SECTION C4-4 SCOPE OF WORK
C4-4 . 1 INTENT OF CONTRACT DOCUMENTS : It is the definite
intention of these Contract Documents to provide for a
complete, useful project which the Contractor undertakes to
construct or furnish , all in full compliance with the
requirements and intent of the Contract Documents . It is
definitely understood that the Contractor shall do all wo=k as
provided for in the Contract Documents, shall do all extra or
special work as may be considered by the Owner as necessary to
complete the project in a satisfactory and acceptable manner.
The Contractor shall, unless otherwise specifically stated in
these Con'.-ract Documents, furnish all labor, tools, materials,
machines equipment , special services , and incidentals
necessary co the prosecution and completion of the project.
C4-4 . 2 SPECIAL PROVISIONS : Should any work or conditions
which are not thoroughly and satisfactorily stipulated or
.. covered by General or Special Conditions of these Contract
Documents be anticipated, or should there be any additional
proposed work which is not covered by these Contract
Documents, then "Special Provisions" covering all such work
will be , prepared by the Owner previous to the time of
receiving bids or proposals for such work and furnished to the
Bidder in the form of Addenda. All such "Special Provisions"
shall be considered to be a part of the Contract Documents
just as though they were originally written therein.
C4-4 . 3 INCREASED OR DECREASED QUANTITIES: The Owner reserves
the right to alter the quantities of the work to be performed
or to extend or shorten the improvements at any time when and
as found to be necessary, and the Contractor shall perform the
work as altered, increased or decreased at the unit prices.
Such increased or decreased quantity shall not be more than 25
percent of the contemplated quantity of such item or items.
When such changes increase or decrease the original quantity
of any item or items of work to be done or materials to be
furnished by the 25 percent or more, then either party to the
contract shall upon written request to the other party be
entitled to a revised consideration upon that portion of the
work above or below the 25 percent of the original quantity
stated in the proposal ; such revised consideration to be
determined by special agreement or as hereinafter provided for
"Extra Work . " No allowance will be made for any changes -in
anticipated profits nor shall such changes be considered as
C4-4 (1)
waiving or invalidating any conditions or provisions of the
Contract Documents.
Variations in quantities of sanitary sewer pipes -in depth
categories , shall be interpreted herein as applying to the
overall quantities or sanitary sewer pipe in each pipe size,
but not to the various depth categories.
C4-4 . 4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the
Owner reserves the right to make such changes in the Contract
Documents and in the character or quantities of the work as
may be necessary or desirable to insure completion in the most
satisfactory manner , provided such changes do not materially
alter the original Contract Documents or change the general
nature of the project as a whole. Such changes shall not be
considered as waiving or invalidating any condition ob
provision of the Contract Documents.
C4-4 . 5 EXTRA WORK: Additional work made necessary by changes
and alterations of the Contract Documents or of quantities or
for other reasons for which no prices are provided in the
Contract Documents, shall be defined as "Extra Work" and shall
be performed by the Contractor in accordance with these
Contract Documents or approved additions thereto; provided,
however, that before any extra work is begun a "Change Order"
shall be executed or written order issued by the Owner to do
the work for payments or credits as shall be determined by one
or' more combination of the following methods:
a. Unit bid price previously approved.
b. An agreed lump sum.
C. The actual reasonable cost of (1) labor, (2) rental
of equipment used on the extra work for the time so
used at Associated General Contractors of America
current equipment rental rates ; ( 3 ) materials
entering permanently into the project, and (4 )
actual cost of insurance , bonds , and social
security as determined by the Owner, plus a fixed
fee to be agreed upon but not to exceed 10% of the
actual cost of such extra work. The fixed fee is
not to include any additional profit to the
Contractor for rental of equipment owned by him and
used for the extra work. The fee shall be full and
complete compensation to cover the cost of
superintendence, overhead, other profit, general
and all other expense not included in ( 1 ) , ( 2) ,
( 3 ) , and ( 4 ) above. The Contractor shall keep
accurate cost records on the form and in the method
C4-4 (2 )
suggested by the Owner and shall give the Owner
• access to all accounts , bills , vouchers , and
records relating to the Extra Work.
No "Change Order" shall become effective until it has been
approved and signed by each of the Contracting parties.
No claim for Extra Work of any kind will be allowed unless
ordered in writing by the Owner . In case any orders or
instructions , either oral or written, appear to the Contractor
to invoive Extra Work for which he should receive
compensation , he shall make written request to the Engineer
for written orders authorizing such Extra Work , prior to
beginning such work.
Should a difference arise as to what does or does not
constitute Extra Work, or as to the payment thereof , and the
Engineer insists upon its performance, the Contractor shall
proceed with the work after making written request for written
orders and shall keep an accurate account of the actual
reasonable cost thereof as provided under method ( Item C ) .
Claims for extra work will not be paid unless the Contractor
shall file his claim with the Owner within five ( 5 ) days
before the time for making the first estimate after such work
is done and unless the claim is supported by satisfactory
vouchers and certified payrolls covering all labor and
materials expended upon 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
P. without limitation, any costs for delay , extended overhead,
ripple or impact cost , or any other effect on changed or
unchanged work as a result or the change or extra work.
C4-4 . 6 SCHEDULE OF OPERATIONS: Before commencing any work
under this contract, the Contractor shall submit to the Owner
and receive the Owner ' s approval thereof , a "Schedule of
Operations , " showing by a straight line method the date of
commencing and finishing each of the major elements of the
contract . There shall be also shown the estimated monthly
cost of work for which estimates are to be expected. There
C4-4 (3 )
shall be presented also a composite graph showing the
anticipated progress of construction with the time being
plotted horizontally and the percentage of completion plotted
vertically. The progress charts shall be prepared on 6-1/2" x
11" sheets and at least five black or blue line prints shall
be furnished to the Owner.
C4-4 . 7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT
FACILITIES: Within ten (10 ) days prior to submission of
first monthly progress payment , the Contractor shall
prepare and submit to the Owner for• approval ,six copies of
the schedule in which the Contractor proposes to carry on
the work, the date of which he will start the several major
activities ( including procurement of materials, plans, and
equipment) and the contemplated dates for completing the
same. The schedule shall be in the form of a time schedule
Critical Path Method (CPM) network diagram. As the work
progresses , the Contractor shall enter on the diagram the
actual progress at the end of each partial payment period
or at such intervals as directed by the Engineer. The
Contractor shall also revise the 'schedule to reflect any
adjustments in contract time approved by the Engineer.
Three copies of the updated schedule shall be delivered at
such intervals as directed by the Owner.
As a minimum, the construction schedule shall incorporate
all work elements and activities indicated in the proposal
and in the technical specifications.
Prior to the final drafting of the detailed construction
schedule, the Contractor shall review the draft schedule
with the Engineer to ensure the Contractor ' s understanding
of the contract requirements.
.t
The following guidelines shall be adhered to in preparing
the construction schedule:
a. Milestone dates and final project completion
dates shall be developed to conform to time
constraints , sequencing requirements and
completion time.
b. The construction process shall be divided into
activities with time durations of approximately
fourteen ( 14 ) days and construction values not to
exceed $50 , 000 . Fabrication , delivery and
submittal activities are exceptions to this
guideline.
C4-4 ( 4 )
C. Durations shall be in calendar days and normal
holidays and weather conditions over the duration
of the contract shall be accounted for within the
duration of each activity.
d. One critical path shall be shown on the
construction schedule.
e. Float time is defined as the amount of time
between the earliest start date and the latest
start date of a chain of activities of the CPM
construction schedule. Float time is not for the
exclusive use o= benefit. of either ti,a Contractor
" or the Owner.
f. Thirty days shall be used for submittal review
oil unless otherwise specified.
The construction schedule shall as a minimun be divided
into general categories as indicated in the Proposal and
Technical Specifications and each, general category shall be
broken down into activities in enough detail to achieve
activities of approximately fourteen (14) days duration .
For each general category, the construction schedule shall
identify all trades or subcontracts whose work is
represented by activities that follow the guidelines of
this Section.
For each of the trades or subcontracts , the construction
schedule shall indicate the following procurements ,
construction and preacceptance activities and events in
their logical sequence for equipment and materials.
1. Preparation and transmittal of submittals.
i . Submittal review periods .
3 . Shop fabrication and delivery.
4 . Erection or installation.
5 . Transmittal of manufacturer ' s operation and
maintenance instructions.
6 . Installed equipment and materials testing.
7. Owner ' s operator instruction (if applicable) .
8 . Final inspection.
C4-4 (5 )
9 . Operational testing.
10. Final inspection.
if , in the opinion of the Owner , work accomplished falls
behind that scheduled , the Contractor shall take such
action as necessary to improve his progress . In addition,
the owner may require the Contractor to submit a revised
schedule demonstrating his program and proposed plan to
make up lag in scheduled progress and to insure completion
of the work within the contract time . If the Owner finds
the proposed plan not acceptable , he may require the
Contractor to increase the work force , the construction
plant and equipment , the number of work shifts or the
overtime operations without additional cost to the Owner.
Failure of the Contractor to comply with these requirements
shall be considered grounds for determination by the Owner
that the Contractor is failing to prosecute the work with
such diligence as will insure its. completion within the
t'ime specified.
o
C4-4 (6)
PART C - GENERAL CONDITIONS
C5-5 .CONTROL OF WORK AND
MATERIALS
SECTION C5-5 CONTROL OF WORK AND MATERIALS
C5-5 . 1 AUTHORITY .OF ENGINEER: The work shall be performed to
the satisfaction of the Engineer and in strict compliance with
the Contract Documents . he shall decide all questions which
arise as to the quality and acceptability of materials
furnished , wort: performed, rate of progress of the work,
overall sequence of the construction ,, interpretation of the
Contract Documents , acceptable fulfillment of the contract,,
compensation, mutual rights between Contractor and Owner under
these Contract Documents , supervision of the work, resumption
of operations, and all other questions or disputes which may
arise . Engineer will not be responsible for Contractor ' s
means , methods , techniques , sequences or procedures of
construction , or the safety precaution and programs incident
thereto , and he will not be responsible for Contractor ' s
failure to perform the work in accordance with the contract
documents.
He shall determine the amount and quality of the work
completed•. and materials furnished , and his decisions and
estimates shall be final . His estimates in such event shall
be a condition to the right of the Contractor to receive money
due him under the Contract . The Owner shall have executive
authority to enforce and make effective such necessary
decisions and orders as the Contractor fails to carry out
promptly.
In the event of any dispute between the Engineer and
Contractor over the decision of the Engineer on any such
matters , the Engineer must, •within a reasonable time, 'upon
written request of the Contractor, render and deliver to both
the `Owner and Contractor, a written decision on the matter in
controversy.
C5-5 . 2 CONFORMITY 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.
C5-5 (1)
C5-5 . 3 COORDINATION OF CONTRACT DOCUMENTS: The Contract
Documents are made up of several sections , which , taken
together , are intended to describe and provide for a complete
and useful project, and any requirements appearing in one of
the sections is as binding as though it occurred in all
sections. In case of discrepancies , figured dimension shall
govern over scaled dimensions , plans shall govern over
specifications, special conditions shall govern over general
conditions and standard specifications, and quantities shown
on the plans shall govern over those shown in the proposal .
The Contractor shall not take advantage of any apparent error
or omission in the Contract Documents , and the Owner shall be
permitted to make such corrections or interpretations as may
be deemed necessary for the fulfillment of the intent of the
Contract Documents . In the event the Contractor discovers an
apparent error or discrepancy, he shall immediately call this
condition to the attention of the Engineer. In the event of a
conflict in the drawings, specifications, or other portions of
the Contract Documents which were not reported prior to the
award of. Contract, the Contractor shall be deemed to have
quoted the most expensive resolution of the conflict.
C5-5 . 4 COOPERATION OF CONTRACTOR: The Contractor will be
furnished with three sets of the Contract Documents and shall
have available on the site of the project at all times one set
of such Contract Documents.
The Contract shall give to the work the constant attention
necessary to facilitate the progress thereof and shall
cooperate with the Engineer , his inspector , and other
Contractors in every possible way.
The Contractor shall at all times have competent personnel
available to the project site for proper performance of the
work. The Contractor shall provide and maintain at all times
at the site of the project a competent , English-speaking
superintendent and an assistant who are fully authorized 'to
act as the Contractor ' s agent on the work . Such
superintendent and his assistant shall be capable of reading
and understanding the Contract Documents and shall receive and
fulfill instructions from the Owner, the Engineer, or his
authorized representatives . Pursuant to this responsibility
of the Contractor, the Contractor shall designate in writing
to the project superintendent, to act as the Contractor ' s
agent on the work. Such assistant. project superintendent
shall be a resident of Tarrant County, Texas and shall be
subject to call, as is the project Superintendent, at any time
of the day or night on any day of the week on which the
Engineer determines that circumstances require the presence on
the project site of a representative of the Contractor to
C5-5 (2)
adequately provide for the safety or convenience of the
traveling public or the owners of property across which the
project extends or the safety of property contiguous to the
project routing.
The Contractor shall provide all facilities to enable the
Engineer and his inspector to examine and inspect the
workmanship and materials entering into the work.
C5-5 . 5 EMERGENCY AND/OR RECTIFICATION WORK: When , in the
opinion of the Owner or Engineer, a condition of emercjency
exists related to any part of the work, the Contractor, or the
Contractor thro,�:5h his designated representative , ..Ball
respond with dispatch to a verbal request made by the Owner or
Engineer to alleviate the emergency condition . Such a,
response shall occur day or night, whether the project is
scheduled on a. calendar-day or on a working-day basis.
Should the Contractor fail to respond to a request from the
Engineer to rectify any discrepancies , omissions , or
corrections necessary to conform with the requirements of the
project specifications or plans , the Engineer shall give the
Contractor written notice that such work or changes are to be
performed. The written notice shall direct attention to the
discrepant condition and request the Contractor to take
remedial action to correct the condition. In the event the
Contractor does not take positive steps to fulfill this
written request, or does not show just cause for not taking
the proper action, within 24 hours , the City may -take such
remedial action with City forces or by contract. The City
shall then deduct an amount equal to the entire costs for such
remedial action, plus 25% , from any funds due the Contractor
on the project.
C5-5 . 6 FIELD OFFICE: The Contractor shall provide , at no
extra compensation, an adequate field office for use of 'the
Engineer, if specifically called for . The field office shall
be not less than 10 by 14 feet in floor area, substantially
constructed , well heated , air conditioned, lighted, and
weather-proof , so that documents will not be damaged by the
elements .
C5-5 . 7 CONSTRUCTION STAKES : The City, through its Engineer,
will furnish the Contractor with all lines , grades , and
measurements necessary to the proper prosecution and control
of the work contracted for under these Contract Documents , and
lines , grades and measurements will be established by means of
stakes or other customary method of marking as may be found
consistent with good practice.
C5-5 (3 )