HomeMy WebLinkAboutContract 48784�� �}�' �Ye����`� �A���?;'
�.O.E. FII�
COI\I��r��V��s �O�\�H�11'ir���`-'' rl.,l; J;, �ORT WORTH vll i OGV��`° •- J�
GC�N�CT ��
CON[STRUCi�CJN'$ Ct�����;, �
C�IENT �►EPA������,
SPEClFICATIONS AND CONTRACT DOCUMENTS
FOR
� SOUTH-CENTRAL HIGH-SPEED
CORRIDOR QUIET ZONE
FROM BUTLER ST TO BIDDISON ST
L
�
Betsy Price
Mayor
TxDOT CSJ 0902-48-694
CITY PROJECT No. 00856
TPW No. GR54-54120U-020302538300
DO NOT DISASSEMBLE
January 2013
T.M. Higgins
City Manager
Douglas W. Wiersig, P.E.
Director, Transportation and Public Works Department
PREPARED F4R:
The City ofi Fort Worth
HNTB Corporation
TBPE REG #420
1zll�Iv°Iv
�FFICIAL RECORD
CITY SECREfARY
� ET. WORTH, TX
Official site of the CityoF Fo�t bVorth, Texas
CITY COUNCIL AGENDA F�R7�'�'ORTII
,���
COUNCIL ACTION: Approved on 12/6/2016
DATE: 12/6/2016 REFERENCE **C-28004 LOG NAME:
N O..
CODE: C TYPE: CONSENTPUBLIC
HEARING:
20SCHSC RAILROAD SAFETY
IMPROVEMENTS
NO
SUBJECT: Authorize Amendments to Three Agreements in the Combined Amount of $201,298.00
with the Burlington Northern Santa Fe Railway Company for Upgrades of Railroad Signal
Equipment at W. Seminary Drive, W. Butler Street and W. Biddison Street for a Collectively
Revised Amount of $440,181.00 and Authorize Execution of an Agreement with CTC, Inc.,
in the Amount of $150,730.00 for the Installation of Wayside Horns at W. Butler Street and
W. Biddison Street (COUNCIL DISTRICTS 6 and 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize Amendment No. 1 to a Grade Crossing Construction and Maintenance Agreement, City
Secretary Contract No. 43102, with the Burlington Northern Santa Fe Railway Company in the amount
of $98,041.00 for upgrades to railroad signal equipment at W. Seminary Drive for a revised City cost
amount of $210,241.00;
2. Authorize Amendment No. 1 to a Wayside Horn Agreement, City Secretary Contract No. 43104,
with the Burlington Northern Santa Fe Railway Company in the amount of $128,052.00 for upgrades to
railroad signal equipment at W. Butler Street for a revised City cost amount of $170,904.00;
3. Authorize Amendment No. 1 to a Wayside Horn Agreement, City Secretary Contract No. 43103,
with the Burlington Northern Santa Fe Railway Company in the reduced amount of $24,795.00 for
upgrades to railroad signal equipment at W. Biddison Street for a revised City cost amount of
$59,036.00; and
4. Authorize the execution of a contract in the amount of $150,730.00 with CTC, Inc., for the
installation of Wayside Horns at W. Butler Street and W. Biddison Street.
DISCUSSION:
The City of Fort Worth received a federal earmark to be used to deploy railroad crossing safety
improvements at crossings on the South Central High Speed Rail Corridor for the establishment of
quiet zones. These improvements are necessary to improve safety at these crossings and to establish
quiet zones. The City will reimburse Burlington Northern Santa Fe Railway Company (BNSF) for
improvements required to their tracks and equipment and a construction contract with CTC, Inc., will be
executed to install Wayside Horn Systems at W. Butler Street and W. Biddison Street. Once the quiet
zones are established, trains will no longer sound their horns at each of these crossings, which will
significantly reduce the noise impact to the surrounding homes.
Previous City Council approvals related to this project include: acceptance of a federal grant in the
amount of $379,985.00 (Mayor and Council Communication (M&C) C-22731), approval of the
execution of an Agreement with BNSF, (M&C C-25440) in the amount of $238,883.00 for upgrades to
railroad signal and crossing equipment.
Due to the unexpected increase in railroad construction costs that exceeds the current project budget
originally authorized by the City Council, additional funds in the combined amount of $201,298.00 are
needed to complete the railroad improvements.
The City advertised for bids for the installation of Wayside Horn Systems at W. Butler Street and W.
Biddison Street. The sole bid received for the project was from CTC, Inc., of Fort Worth, Texas in the
amount of $150,730.00. The unit prices for these work elements is responsible and comparable to
other bid costs. Additionally, the City received TxDOT approval to award this contract to CTC, Inc., in a
memorandum dated March 13, 2013.
A portion of this project will include 2014 Bond Program funds. Available resources within the General
Fund will be used to provide interim financing for these expenses until debt is issued. Once debt
associated with this project is sold, bond proceeds will reimburse the General Fund, in accordance with
the statement expressing official Intent to Reimburse which was adopted as part of the ordinance
canvassing the bond election (Ordinance No. 21241-05-2014) and the subsequent ordinance
authorizing debt in 2016 (Ordinance No. 22216-05-2016).
The total project costs are summarized in the following table:
Description of Project Costs City Costs
____�� .�._._,_ �.�_._� _�...._.._.__�_.�___.__�__�__ _
Project ManagemenU --._ ___..__ ___ _
Construction Services $ 22,000.00
Construction -CTC N � TT� ����m m ���(�P. $150,730.00 �
___.��_ �—_�u �._�� �w_ �,._�..__.Y._ �� _�
I
Construction - RR reimbursement $ 60,196.00
��__�w_..��.. ___.__ �._ � _...----- — ------_. _ _
Construction - RR costs $ 0.00
Right-of-way �__.__.r_.__���.�________�._^� � 0.00 r
- --- E _._
___ �________.�� �__. �r____ _�___._._.__ � ._.._ ._.m_____ . _.___._
State Direct Costs $ 10,228.00
QuietZone Establishment ��m���.�___._._._, � 25,000.00
—_� - �---
� Total Project Costs � � $268,�154.00
_—�_____ - - -
This project is located in COUNCIL DISTRICTS 6 and 7.
Federal Grant
$ 0.00
_� _.__-OAO
$379,985.00
�_.__ _.0.00
$ .__ -0.00
---_._ -----
$ 0.00
$ 0.00
$379,985.00
Railroad
$ 0.00
$ 0.00
. $... ___._0.00
$110,149.00
$.__,._��_.0.00
$-. �_._.. 0.00
$._____.__0.00._
$110,149.00
� Total Project
Costs
$ 22,000.00
$150,730.00
$440,181.00 �
j $110,149.00
$ 0.00
$ 10,228.00
$ 25,000.00
$758,288.00
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as appropriated
of the 2014 Bond Program, the Grants Capital projects Federal Fund and the 2007 Critical Capital
Projects Fund.
Description
2014 Bond-34014
GranUCap:31001 �
2007 Critical Cap-39001
__ __. -TOTAL __ ___,.
Existing
Appropriations
$241,380.00 �
$396,210.00
l $146,281.93 p
$793,871,93 J
Proposed
Appropriations
$241 380.00
___. e__ _..__ .__.__
$396,210.00
_ , .___
$146,281.93
------_--.__.
$783,871.93
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office b� Jay Chapa (5804)
Originating Department Head: Douglas Wiersig (7801)
Additional Information Contact: Todd Estes (5448)
ATTACHMENTS
BNSF-signed FORM 1295 for Citv of Fort Worth.pdf
CTC WSH Form 1295 Certificate - signed.pdf
SCHSC MC map.pdf
CERTIFICATE OF INTERESTED PARTIES
FORnn 1295
iori
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of husiness entiry filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2016-129899
CTC, Inc
Fort Worth, TX United States Date Filed:
2 Name of c�overnmenta entity or state ac�ency that is a party to the contract for whic the form is 10/2712016
beinc� filed.
Clty of Fort Worth Da Acknowiedged;
� %�
3 Provide the identitication number used by the governmentai entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under tlie contract.
CPN 00856
SCHSC WHS Instaliation
4 Nature of interest
Name of Interesied Party City, State, Couniry (place of business) (check applicaUle)
Controliing Intermediary
Rio Grande Pacific Corp. Fort Worth, TX United States X
5 Check only if there is NO interested Party. ❑
s I swear, or affirm, under penalry of perjury, that the above disclosure is true and correct.
''A �Y NORINE A WEGNER
Notary ID # 130575313
My Commission Expires
�,,,���,.,,► March 10, 2020 L
Sic� ature f authorized agent of contracting business enticy
AFFIX NOTARY STAMP / SEAL ABOVE
5worn to and subscribed before me, by the said Tf�ipQ�"t,'�,� i'nft'1r� , this the �.4!'*� day of �Q�,
2D�1�, to certi(y which, witness my hand and seal of office.
�N • � � N�
Signature of officer admini nng oath Printed name of officer administering oath Tiqe of officer administering oath
Forms provided by Texas Ethics Commission ww�N.ethics.state.tx.us Version V1.0.277
TABLE OF CONTENTS
01— Project Information
Title Page
02 — Front End Documents
Table of Contents
Notice to Bidders
Special Instruction to Bidders
03 — MWBE Documentation
MWBE Special Instructions
MWBE Subcontractors/Suppliers Utilization Form
MWBE Prime Contractor Waiver
MWBE Good Faith Effort
MWBE Joint Venture
04 — Bid Package
Bid Proposal Workbook
05 — General and Special Conditions
Special Provisions (CFW paving— drainage)
05 —Technical Specifications
Technical Specifications Index (TxDOT)
06 — Contracts, Bonds, and Insurance
Certificate of Insurance
Contractor Compliance with Workers' Compensation Law
Conflict of Interest Questionnaire
Disclosure of Lobbying Activities
Non-Collusion Affidavit
Child Support Statement
Performance Bond
Payment Bond
Maintenance Bond
City of Fort Worth Contract
07 — Appendices
BNSF Right of Entry Form
08 — Addenda
Addenda Index
NOTICE TO BIDDERS
Sealed proposals for the following:
South-Central High-Speed Corridor Quiet Zone
City Project No. 00856
Addressed to the
CITY OF FORT WORTH
PURCHASING DIVISION
1000 THROCKMORTON STREET
FORT WORTH, TEXAS 76102
will be received at the Purchasing Office until 1:30 PM, Thursday, January 31, 2013 and then publicly
opened and read aloud at 1:30 PM in the Council Chambers. Contract documents, including plans
and specifications for this project may be obtained on-line by visiting the City of Fort Worth's
Purchasing Division website at http://www.fortworthpov.orp/purchasinq/ and clicking on the project link.
This link will take you to the advertised project folders on the City's Buzzsaw site, where the plans and
contract documents may be downloaded, viewed, and printed by interested contractors and/or
suppliers.
Hard copies of plans and contract documents are available at the City, at a cost of $30 per set (non-
refundable). The documents are located at 5001 James Avenue, Fort Worth, TX 76115. Please
contact Tai Nguyen for assistance.
The major work will consist of the (approximate) following:
Furnish and install two complete Wayside Horn Systems (WHS). A WHS is a stationary
horn located at a highway rail grade crossing, designed to provide, upon the approach of
a locomotive or train, audible warning to oncoming motorists of the approach of a train.
The equipment consists of speakers, confirmation signals, a control cabinet, wiring to
each field component, and the connection to the railroad signal cabin. This device must
meet the requirements of the Federal Railroad Administration 49 CFR Parts 222 and 229,
Use of Locomotive Horns at Highway-Rail Crossings.
Included in the above will be all other miscellaneous items of construction as outlined in the
Plans, General Contract Documents and Specifications.
Bid security is required in accordance with the Special Instruction to Bidders. 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. All addenda will be made available on-line with
the contract documents. Contractors and/or suppliers are requested to register as plan holders on-line
(on Buzzsaw site) in order to receive notifications regarding the issuance of addenda. It shall be the
bidding contractor's sole responsibility to verify they have received and considered all
addenda, prior to submitting a bid.
For additional information, please contact Joshua Mieth, P.E. with HNTB Corporation at
Telephone Number: 512-691-2265 or by email: jmieth@hntb.com, and/or Tai Nguyen, Project
Manager, TPW Department at 817-392-2359 or by email: Tai.nguyen@fortworthtexas.gov.
A pre-bid conference will be held on January 24, 2013 at 10:00 a.m., in the 5001 James Avenue
Training Room. Bidders are encouraged to review the plans and specifications prior to the pre-
bid conference.
Advertising Dates: January 2, 2013 and January 9, 2013
Rev 2-2-10 TPW
NB-1
SPECIAL INSTRUCTION TO BIDDERS
(TRANSPORTATION AND PUBLIC WORKS)
l. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in
an amount of not less tha�i five percent (5%) of the total of the bid submitted must accompany the bid,
and is subject to forfeit in the event the successful bidder fails to execute the cont��act documents within
ten (10) days after the contract has been awarded.
To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of
Texas. In addirion, the surety must (1) hold a certificate of authority from die United States secretaiy of
the ueasury to qualify as a surety on obligations permitted or required under federal law; or (2) have
obtained reinsurance for any liability in excess of $100,000 fi�om a reuisurer that is authorized and
admitted as a reinsurer in flie state of Texas and is the holder of a cerrtiiicate of authority from the United
States secretary of the treasury to qualify as a surety on obligations permitted or required under federal
law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in
its sole discretion, will determine the adequacy of the proof required herein.
2. PAYMENT PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering
into a contract for the work will be required to give the City surety in a sum equal to the amount of
the contract awarded. In this connection, the successful bidder shall be required to furnish a
performance bond and a payment bond, both in a sum egual to the amount of the contract awarded.
The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All
bonds furnished hereunder shall meet the requu�ements of Chapter 2253, Texas Government Code.
In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority
from the United States secretary of the treasury to qualify as a surety on obligations permitted or
required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000
from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder
of a certificate of authority from the United States secretaiy of the treasmy to qualify as a surety on
obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall
be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of
the proof requu-ed herein.
The City will accept no sureties who are in default or delinquent on any bonds or who have an
interest in any litigation against the City. Should any surety on the contract be determined
unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the
contractor shall unmediately provide a new surety satisfactory to the City.
If the contract amount is in excess of $25,000, a Payment Bond shall be executed, iu the amount of
the contract, solely for the protection of all claimants supplying labor and materials in flle prosecution of
the work.
If the contract amount is in excess of $100,000, a Performuice Bond shall be executed, in the amount
of the conh�act conditioned on the faithful perfoi7nance of the work in accorda�ice with the plans,
specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort
Worth.
All contracts shall require a maintenance bond ui flie amount of one hundred percent (100%) of the
original contract amount to guarantee the work for a period of two (2) years after the date of
acceptance of the project fiom defects iu workina�iship aud/or material.
Rev 3-13-09
3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, paragraph 8.6, of
the "General Provisions" of the Standard Specifications for St�•eet arad Storm Drain Corastruction of the
City of Fort Worth, Texas, concerning liquidated damages for late completion of projects.
4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices ul the proposal, the City
reserves the right to adopt the most advantageous construction thereof to the City or to reject the
proposal.
5. EMPLOYMENT: All bidders will be requu•ed to comply with City Ordinance No. 7278 as amended by
City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-a-29) prohibiting
discrimination in employment practices.
6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storin Drain Construction is
deleted and replaced with the following:
(a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code,
including the payment of not less than the rates determined by the City Council of the City of Fort
Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code.
Such prevailing wage rates are included in these conh�act documents.
(b) The cont�•actor shall, for a period of tlu�ee (3) years following the date of acceptance of the work,
maintain records that show (i) the nune and occupation of each worker employed by the contractor ul
the construction of the work provided for in this conh�act; and (ii) the actual per diem wages paid to each
worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of
the special provision titled "Right to Audit" pertain to this inspection.
(c) The cont�•actor shall include in its subcontracts and/or shall otherwise require all of its
subconhactors to comply with paragraphs (a) and (b) above.
(d) Widi each partial payment estunate or payroll period, whichever is less, an affidavit stating that
the contractor has complied with the requuements of Chapter 2258, Texas Government Code.
(e) The cont��actor shall post the prevailing wage rates in a conspicuous place at the site of flie
project at all times.
Section 8.9 of the Standard Specificatior2s for Street a�zd Storm D�•ain Co�2struction is hereby deleted.
7. FINANCIAL STATEMENT: A current certi�ied financial statement may be requu�ed by the Department of
Transportation and Public Works if requu�ed for use by the CITY OF FORT WORTH in determining the
successful bidder. This statement, if required, is to be prepared by an independent Public Accountant
holding a valid permit issued by an appropriate State Licensing Agency.
INSURANCE: Within ten (10) days of receipt of notice of award of conh�act, flle Cont�•actor must provide,
along with executed contract documents and appropriate bonds, proof of insurance for Worker's
Compensation and Comprehensive General Liability (Bodily I�ijury-$500,000 each person, $1,000,000
each occurrence ($2,000,000 aggregate limit); Property Damage -$250,000 each occurrence). The City
reserves the right to request any other insurance coverages as may be requu•ed by each uldividual
project.
Rev 3-13-09
9. ADDITIONAL INSURANCE REQUIREMENTS:
a. The Ciry, its officers, employees and servants shall be endorsed as au additional insm�ed on
Contractor's insurance policies excepting employer's liability uisurance coverage under Cont�•actor's
workers' compensation insurance policy.
b. Certificates of insurance shall be delivered to the City of Fort Wordi, cont��act administrator in the
respective department as speciiied 'ul the bid documents, 1000 Throckmorton Street, Fort Worth, TX
76102, prior to commencement of work on the contracted project.
c. Any failure on part of the City to request requu�ed insurance documentation shall not constitute a
waiver of the insurance requu•einents specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of
cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice
shall be acceptable in the event of non-payment of premium.
e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best
rating of A: VII or equivalent measure of �inancial st�•ength and solvency.
£ Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per
occurrence unless otherwise approved by the City.
g. Other than worker's compensation insurance, in lieu of traditional uisurauce, City may consider
alternative coverage or iisk treatment measures through insurance pools or risk retention groups. The
City must approve in writing any alternative coverage.
h. Workers' compensation insurance policy(s) covering employees employed on the project shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of the City.
i. City shall not be responsible for the du•ect payment of insurance preinium costs for conh-actor's
insurance.
j. Contractor's insurance policies shall each be endoised to provide that such insurance is primuy
protection and any self-fiunded or commercial coverage maintained by City shall not be called upon to
contribute to loss recovery.
k. In the course of the project, Cont�•actor shall report, in a timely manner, to City's officially
designated contract adininist� ator any known loss occurrence which could give rise to a liability claim or
lawsuit or which could result in a property loss.
Conhactor's liability shall not be limited to the specified amounts of uism'ance requu•ed herein.
m. Upon the request of City, Cont�actor shall provide complete copies of all uism�ance policies
required by these contract documents.
10. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of
Fort Worth will not award this contract to a non resident bidder unless the nom•esident'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 ul
the state in which the nonresident's principal place of business is located.
Rev 3-13-09
"Nom•esident bidder" means a bidder whose principal place of business is not in this state, but
excludes a cont�actor whose ultimate parent cotnpa�iy or inajority owner has its principal place of
business in this state.
"Texas resident bidder" means a bidder whose principal place of business is in fliis state, and includes a
conh•actor whose ultunate parent company or majority owner has its principal place of business ui this
state.
This provision does not apply if this contract involves federal funds.
The appropriate blanks of the Proposal rnust be iilled out by all non resident bidders nl order for its
bid to meet specifications. The failm•e of a nonresident contractor to do so will automatically
disqualify that bidder.
11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth
Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business
enterprises and women business enterprises in City contracts. A copy of the Ordinance can be
obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE
UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME
CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM
("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation
must be received by the inanaging departtnent no later thau 5:00 p.m., five (5) City business days
after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the
managing department to whom delivery was made. Such receipt shall be evidence that the
documentation was received by the City. Failure to comply shall render die bid non-responsive.
Upon request, Contractor agrees to provide the Owner complete and accurate uiformarion regarding
actual work performed by a minority business enteiprise (MBE) and/or women business enterprise
(WBE) on the contract and payment fliereof. Contractor further agrees to permit any audit and/or
examination of any books, records or files in its possession that will substantiate the actual work
performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent
misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of
the contract and/or initiating action under appropriate Federal, State or local laws or ordivances
relating to false statements. Further, a�iy such misrepresentation facts (other than a negligent
misrepresentation) and/or commission of fi-aud will result in the Cont�•actor being determined to be
irresponsible and barred from participatulg in City work for a period of time of not less that three (3)
years.
12. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City
reserves the right to reject any and/or all bids and waive any and/or all u•regularities. No bid may be
withdrawn unril the expu-ation of ninety (90) days from the date the M/WBE ITTILIZATION FORM,
PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM, and/or the JOINT
VENTURE FORM ("Documentation") as appropriate is received by the City. The award of conh•act, if
made, will be within ninety (90) days after this documentation is received, but nl uo case will die award
be made until all the responsibility of the bidder to whom it is proposed to award the conh�act has been
verified.
13. PAYMENT: The Contractor will receive full payment (minus retainage) fi�om the City for all work for
each pay period. Payment of the rernaining amount shall be made with the �inal payment, and upon
acceptance of the project.
Rev 3-13-09
14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract docuinents prior to the bid
receipt time and acknowledging them at the time of bid receipt. I�iformation regarding the status of
addenda may be obtained on-line on City's Buzzsaw site or by contacting the City Project Manager.
Bids that so not acknowledge all applicable addenda inay be rejected as uon-responsive.
15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A.
Workers Compensation Insurance Coverage
a. Definitions:
Certain of coverage ("certiiicate"). A copy of a certiiicate of insm�ance, a certiiicate of
authority to self-insm�e issued by the coinmission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, or TWCC-84), showing statutory worker's compensation insurance
coverage for the person's or entity's einployees providing services on a project, for the
duration of the project.
Duration of the project-includes the time from the begiimuig of the work on the project until the
contractor's/person's work on the project has been campleted and accepted by the governmental
enrity.
Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or
entities performing all or part of the seivices dle contractor has undertaken to perform on die
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes, without limitatiarl, uldependent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of any entity which fiunishes persons to provide services on flie
° project. "Services" include, wifliout lirnitarion, providing, haululg, or delivering equipment or
materials, or providing labor, t�ansportation, or toner services related to a project. "Services"
does not include activities um•elated to the project, such as food/beverage vendors, office
supply deliveries, and delivery of portable toilets.
b. The cont��actor shall provided coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011 (44) or all employees of the contractor
providing services on the project, for the durarion of the project.
c. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the cont�act.
d. If the coverage period shown on the contractor's current certif'icate of coverage ends
during the duration of the project, the cont�•actor must, prior to the end of the coverage
period, file a new certiiicate of coverage widl dle governmental entity showing fllat
coverage has been extended.
e. The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on �ile certificates of coverage showing coverage for all
persons providing services on the project; and
Rev 3-13-09
(2) no later than seven days after receipt by the conh•actar, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate
of coverage ends during the duration of the project.
f. The conh-actor shall retain all requued certificates of coverage for the duration of the
project and for one year thereafter
g. The cont��actor shall notify the governmental entity in writing by certified mail or persoual
delivery, within ten (10) days after the cont��actor knew or should have known, of any
change that materially affects the provision of coverage of any person providing services
on the project.
h. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Worker's Compensation Commission, informing all persons
providing seivices on the project that they are requn-ed to be covered, and stating how a
person may verify coverage and report lack of coverage.
I. The cont�actor shall contractually require each person with whom it cont�acts to provide
services on a project, to:
(1) provide coverage, based on proper reporting on classification codes and payroll
amounts and filing of any coverage agreements, which tneets the statutory
requi�ements of Texas labor Code, Section 401.011 (44) for all of its employees
„: providing services on the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
�_ providing services on the project, for the duration of the project;
(3) provide the conh-actor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the cmrent
certificate of coverage ends during the dm�ation of the project;
(4) obtain fi•om each other person with whom it cont�acts, and provide to the contractor:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
(b) a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter.
(6) notify the governmental entity in wuing by certiiied mail or personal delivery, withui
ten (10) days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person provid'nig services on the
project; and
(7) conh-actually requue each person with whom it cont�acts, to perform as required by
paragraphs (1) -(7), with the certificates of coverage to be provided to flie person for
whom they are providing services.
Rev 3-13-09
J By signing this cont�act or providing or causing to be provided a certificate of coverage, the
contractor is representing to flie governmental entity that all employees of the conh�actor
who will provide services on the project will be covered by worker's compensation
coverage for the duration of the project, that the coverage will be based on proper reporting
of classification codes and payroll ainounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, in the case of a self insured, with the
� commission's Division of Self-Insurance Regulation. Providing false or mislead'uig
'� information may subject the conh-actor to adminish�ative, criminal, civil penalties ar� other
civil acrions.
k. The contractor's failure to comply with any of these provisions is a breach of cozltract by
the contractor does not remedy the breach within ten days after receipt of notice of breach
from the governmental entity.
B. The contractor shall post a notice on each project site uiforniing all persoizs provid'uig services on dle
project that they are reguired to be covered, and stating how a person may verify current coverage and
report failure to provide coverage. This notice does not satisfy other posting requu ements imposed by the
Texas Worker's Compensation Act or other Texas Worker's Compensation Cominission rules. This notice
must be printed with a tifle in at least 30 point bold type and text ui at least 19 pouit noimal type, and
shall be in both English and Spanish and any other language cominon to flle worker population. The text
for the notices shall be the following text, without any additional words or changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE"
The law requires that each person working on this site or providing seivices related to this conshuction
project rnust be covered by warker" compensation insurance. This uicludes persons providing, hauling
or delivering equiprnent or materials, or providing labor or h�ansportation or other service related to the
project, regardless of the identity of their employer or status as an employee".
Contact the Texas Workers' Compensation Commission to receive information on the legal
requirement for coverage, to verify whether your employer has provided the requu•ed coverage, or to
report an employer's failure to provide coverage".
16. NON DISCRIMINATION: The cont� actor shall not discivninate against any person or persons
because of sex, race, religion, color, or national origin and shall comply with the provisions of City
Ordinance 7278, as atnended by City Ordinance 7400 (Fort Worth City Code Sectious 13A-21
tlu�ough 13A-29), prohibiting discrimination in employinent practices.
17. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the
federal govermnent, conh•actor covenants that neither it nor any of its officers, members, agents, or
employees, will engage in performing this conh�act, shall, in connection with the employment,
advancement or discharge of employees or in connection with the terms, conditions ar privileges of theu•
employment, discriminate against person because of their age except on the basis of a bona fide
occupational qualification, retuement plan or statutor•y requirement.
Contractor further covenants that neither it nor its officers, members, agents, or einployees, or peison
acting on theu- behalf, shall specify, in solicitations or advertisements for employees to work on this
Conh-act, a ma�mutn age lirnit for such employment unless the specified maximum age limit is based
upon a bona fide occupational qualification, retu•ement plan or statutory requu•ement.
Contractor warrants it will fully coinply with the Policy and will defend, indeiruiify and hold City
harmless against any and all claims or allegations asserted by fliu•d parties against City arising out of
Rev 3-13-09
Cont��actor's alleged failure to comply with the above referenced Policy concernuig age discrimination ul
the performance of this Contr•act.
18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the
Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully
discriminate on the basis of disability in the provision of services to flie general public, nor in the
availability, terms and/or conditions of employment for applicants for employinent with, or current
employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other
applicable federal state and locallaws concerning disability and will defend indemnify and hold City
harmless against any claiins or allegations asserted by thu•d parties against City arising out of
Cont�actor's alleged failure to comply with the above-referenced laws concerning disability
discrimination in the performance of this ConU�act.
19. PROGRESS PAYMENTS FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY�
a. T'he cont�actor will receive full payment (less retainage) from the city for each pay period.
b. Payment of the retainage will be included with the final payment after acceptance of the project as
being complete.
c. The project shall be deemed complete aud accepted by the City as of the date die fmal punch list has
been completed, as evidenced by a written statement signed by the cont�•actar and the City.
d. The warranty period shall begin as of the date that the fmal punch list has been completed.
e. Bills Paid Affidavit and Consent of Surety shall be requi�ed prior to imal payinent becomuig due
and payable.
£ In die event that the Bills Paid Affidavit a�id Consent of Slu�ety have been delivered to flie city and
there is a dispute regarding (i) iinal quantities, or (ii) liquidated damages, city shall make a
progress payment in the amount that city deems due and payable.
g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall
attempt to resolve the differences within 30 calendar days.
Rev 3-13-09
G�tp af Fort Worth
� I?epartmental Request for �aiver
C?f MB�/'W"3�E Subcantracting/Sug�lier Goal
�! f Y�/ .�. ...�.-... V�. ��y! J �V � �./1 � t % •�
DEPARTMENT NAME: ESTIMATED C�ST j PR�PQSAT. L?ATE
� � r i . � ,l� " � �" � • d � tr �t � �+ t�
IYAME QF PRUJECT/BID: AO +/FR4JECT iVQ.
R
n�.�j'�� aR .- ,� _ r�Q �, �...-r
SIG1�iATUR OF PROJ� T EXTENSTOI�T DATE NTGT� CODE
Prior to advertisement the cont cting/managing department shall determine whether the bidiproposal is one which MBE/WBE
requirements should not be appiied. MBEIWBE requirements may be waived upon written appravat of the M/WBE Manager. If one
of the conditians tisted beiow exists, the cantracting/managing depariment shal! notify the Manager via this form, stating the specific
reason (s) for requesting a waiver.
Tf ttze contracting/managing department and the Manag�r are in canfiict over tlae granting of a waiver, either
may appeal to the City Maziager, or designee, and his/her decision is final.
Please Check Applicable Reason:
A,
_�B•
C,
D.
A public or administrative ernergency exists which ret�uires the goods or services ta be
prov�ded with unusual immediacy; or
Purchase of goods or servi�es from source(s} where subcontracting or supplier opportunities
are negligible; ar
The application of the provisions of this ordinance will impose an economic risk on the City or
unduly delay acquisition of the goqds or services; or
Other {expiain)
Justify Ca�nmodity or Sexvice Waiver Request:
t�FFICE U8E
✓
Approved Not Approved
�
���- �"� °�� FIN'-9=��
additionaJ ehects, sf needed
/WBE Authj�rized Pcrsonnel
1 oL___ •���
!
Date
�ev. vzara
FQRT W4RTH � �� f
City of F'ort Worth �
Minority and Women Business Enterprise Specif�cations
SPECIAL INSTRUCTIONS FOR BNDDERS
APPLICATIQN OF POL[CY
If the total do[lar value of the contract is $25,000 or more, the MIYVBE goal is applicable.
If the total dollar vatue of the contracY is less than $25,oaa, #he MMIBE goat is nat applicable.
PO�iCY STATEMENT
_:.. . _ _. _:'��.. . ._ _.
lt is the policy of the City of Fart Worth to ensure the fuli and equita6le partEcipation by Minori#y and Women Business
�nterprises (M/WBE) in ihe procurement of a11 goods and services to the City an a contracfual basis. All requirements
and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid.
MIWBE PROJECT GOALS .
The City's M/WBE goal on this project is O % Of the tOtal bid {Base bid applies ta Parks and Community Services}.
COMPLiANCE TO B1D SPECtFICATI�NS
Qn City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M1WBE Ordinance by
either of #he fo{lowing:
9. Meet or exceed the ab�ve stated MiWBE goal, or
2. Good Faith EfforE documentation, or;
'- - 3. Wanrer documentation, ar; �
4. Joint Venture.
SUBMITTAL OF REQU[RED D.00UIVIENTATit)N
The applicable documents must be received by the Managing Department, within the following times allocated, in arder
for the entire bid ta be considered responsive to ihe specificatians. Tthe O.�fer,or�sha_,,cJeli,y.er _; e 1.1�.iNaBE doc � menta �.or�
1. Subcontractor Ufilization Form, if goa! is rece'tved by 5:00 p.m., five (5) City bcasiness days after the bid
met or exceeded:. opening date, exclusive of the bid opening date.
2. Good �aifh �ffort and Subcontractor received by 5:00' p.m., five (5} City business days after the bid
Utilization Form, if participafion is Iess than opening date, exclusive of the bid opening date.
stated goal: '
3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5} City 6usiness days after the bid
t3tilization Form, if no MJWBE participation: opening date, exclusive of the bid opening date.
4. Prime Contractor Waiver Farm, if you will received by 5:00 p.m., five (5} City business days afier the bid
perForm alI subcontracting/suppller worK: opening date, exclusive of the bid opening date.
5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business �cia'ys after the bid
to met or exceed goal. opening date, exclusive af the bid opening date.
FAILURE TO COMPLY W17H THE CITY'S MNVBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED
NON-RESpONSiVE TO SPECIFICATIONS
Any questions, please contact fhe MiWBE Office at (817} 392-61U4.
Rev. I 1/1/OS
�ORT �fJT�TH City of Fort WorEh
--�. ..
Subcon�raGfors/Suppliers Utilization Form
Identify all subcontrac�ors/�uppliers you will use on this �rojecfi
Failure to complete this form, in its entirety with requested documenfation, 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 Offeror agrees to enter into a formai agreement with the M/WBE firm(s) listed in this
utilization schedule, conditioned upon execution of a contracY with the City of Fort Worth. The intentional
and/or knowing misrepresentafion of facts is grounds for consideration of disqualification and will resuit in the
bid being considered non-responsive to bid specifications
M/WBEs listed toward meeiing the project goal must be located in the nine (9) county marketplace or
currently doing business in the marketplace at the time of bid. Mar{cetplace is the geographic area of Tarrant,
Parf<er, Johnson, Collin, Dallas, Denton, Eliis, Kaufman and Rockwall counties.
Identify each Tier (evel, Tier is the level of subcontracting below the prime contractor, i.e., a direct
payment from the prime contractor to a subcontractor is considered 15t tier, a payment by a subcontractor to
its supplier is considered 2"`' tier �
AL.L fJl/WE3E�s MUST �E CERTtFI�p BEFORE CONTRACT AWAR�.
Certification means those firms, located or doing business at the time of bid opening within the Marlcetplace, thai have
been determined to be bonafide minorify or women businesses by the North Cenfral Texas Regional Certification
Agency (NCTRCA}, or the Texas Deparfineni of Transportation (TX D�T), highway division. Disadvantaged Business
Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (MJWBE).
If t�auling services are utilized, the prime will be given credit as long as the M/WBE listed owns and
operates at least one fully licensed and operational truck to be used on fhe contract. The M/WBE may lease
trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/1NBE credit. The
MIWBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the
fees and commissions earned by the M/WBE as_outlined in fhe lease aqreement.
F'dRT WQRTH
Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs.
Please list M/WBE firms first, use additional sheets if necessary.
Certification N
(check one) °
SUBCONTRACTOR/SUPPLIER T n
Company Name � N T Detail Detail
Address e M W C x M Subcontracting Work Suppiies Purchased Dollar Amount
T D W
Telephone/Fax r g B R O B
E E C T E
A
FbRT W(}RTH
Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-MM/BEs.
Please list M/WBE firms first, use additional sheets if necessary.
Certification N
(check one) °
SUBCONTRACTOR/SUPPLIER T n
Company Name � N T Detail Detail
Address e M W � X M Subcontracting Work Supplies Purchased Dollar Amount
Telephone/Fax r g B R O B
E E C T E
A
Ft)RT �VORT}�1
Totai Dollar Amount of M/WBE Subcontractors/Suppliers $ o
Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ p
T07'AL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/�UPPLIERS $ 0
The Contractor will not make additions, deletions, or subsfitutions to this certified list without the prior approval
of the Minority and Women Business Enterprise Office Manager or designee thraugh the submittal of a
Request far Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of
contract and may result in debarment in accord with the procedures outlined in the ordinance, The contractor
shall submit a defailed explanation of how the requested change/addition or deletion will affect the committed
M/WBE goal. If the detail explanation is not submitted, it will afFect the final compliance determination. I
By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request,
complete and accurate information regarding actuai work performed by all subcontractors, including
M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to ailow an audit and/or
examinafion of any books, records and files heid by their company. The bidder agrees to allow the
transmission of interviews with owners, principals, officers, employees and appiicable
subcontractors/suppliers/contractors participating on the contract ihat will substantiate the actual worlc
performed by the MJW/DBE(s) on this contract, by an authorized officer or employee of the City. Any
intentional andtor knowing misrepresentation of facts wifl be grounds for ferminating 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. fa(se sfatements. Any failure to comply with this ordinance and create a material
breach of contract may result in a ciefermination of an irresponsible Offeror and barred from participating in
Cify work for a period of time not less than one (1) year.
�
Authoriz d Si nature
Vice President
Title
CTC, Znc.
CompanyName
6100 Southwest Blvd, Suite 500
Address
Fort Worth, TX 76109
Cify/StatelZip
I�urt Anderson
Printed Signature
Contact Name/Title (if different}
817-886-8210
Telephone andior Fax
kanderson@ctcinc.com
E-mail Address
_1_/ 31 / 13
Date
(
F�?PT WQ12TH
�.�`
City of Fort Worth
P'rime Contractor Waiver Form
PRIME COMPANY NAME: Check applicable block to describe
CTC, IT1C . prime
PROJGCT NAME: M/W/DBE X NON-MNV(DBE
South-Central High-Speed Corridor Quiet
BID DATE
Zone From Butler St. to Biddison St. 1/31/13
City's MIVJBE Project Goal: PROJECT NUMBER
p a�o City Project No. 00856
If both answers to this form are YES, do not compiete ATTACHMENT 1C(Good Faith Effort Form). All questions on
this form must be completed and a detailed explanation provided, if applicable. If the ans�ver to either question is
NO, then you must complete ATTACHMENT 1 C. This form is only applicable if b9th answers are yes.
Failure to complete this form in its entirety and be received by the Manaqinq Qepartment on or before
5:00 p.m., five (5) Citv business davs after bid openinq, exclusive of the bid opening date, will result in the
bid being considered non-responsive to bid specifications.
Will you perform this entire contract wifhout subcontractars? X YES
If yes, please provide a detailed explanation that proves based on the size and scope of this NO
project, this is your normal business practice and provide an operational profile of your business.
Will you perform tfiis entire contract without suppliers?
X YES
If yes, please provide a detailed explanation that proves based on the size and scope of this
project, this is your normal business practice and provide an inventory profile of your business. No
The bidder further ayrees fo provide, directly to the City upon request, complete and accurate information
regarding actual work performed by all subcontractors, including MNVBE(s) on this contract, the payment
therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder
also agrees to allow an audit and/or examination of any books, recorcJs and files held by their company that will
substaritiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of
the City. Any intentional and/or knowing misrepresentafion of facts will be grounds for terminating the contract or
debarment from City worl< 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 creates a material breach of
contract may result in a determination of an irresponsible offeror and barred from participating in City worl< for a
period of time not less than one (1 year. r ��m
1
Authorized ign ure
Vice President
Title
CTC, Inc.
Company Name
6100 Southwest Blvd, Suite 500
Address
Fort Ulorth, TX ���
City/State/Zip
Kurt Anderson
Prinled Siqnature
Contact IJame (if differenl)
817-886-8210 817-886-8225
Phone Number Fax Number
}canderson@ctcinc.com
Email Address
Da te
F4RT WORTH City Of Fort Worth
Good Faith Effort Form
PRIME COMPANY NAME: Check applicable block to describe
rime
PROJECT NAME: MNV/DBE NON-MNV/DBE
BID DATE
City's M/WBE Project Goal: PROJECT NUMBER
%
If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your
DBE participation is less than the City's project goal, you must complete this form.
If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a
"good faith effort", the bidder will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, 1 thru 6 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing
misrepresentation the facts or intentional discrimination by the bidder.
Failure to complete this form, in its entirety with supporting documentation, and received by the
Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of
bid opening date, will result in the bid being considered non-responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier opportunity� for the completion of this
project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES
OF FIRMS On Combined Projects, list each subcontracting and or supplier opportunity through the
2" tier.
(Use addifional sheets, if necessary)
List of Subcontracting Opportunities List of Supplier Opportunities
2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE
subcontractors and/or suppiiers from the City's M/WBE Office.
Yes
No
Date of Listing / /
3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are
opened?
YeS (If yes, attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.)
No
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?
Y@S (If yes, attach list to include name of M/WBE firm, ep rson contacted, phone number and date and time of contact.)
No
NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile
is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and
documentation faxed.
NOTE: If the list of M/VVBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the
bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a
particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two-
thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with
questions 3 and 4.
5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of
plans and specifications in order to assist the M/VUBEs?
Yes
No
6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in
the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any
supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide
dispute concerning quotes, the bidder will provide for confidential in-camera access to and
inspection of any relevant documentation by City personnel.
Please use additional sheets, if necessa , and aftach.
Company Name Telephone Contact Person Scope of Work Reason for Rejection
ADDITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to obtain
M/VUBE participation on this project.
The bidder further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work perFormed on this contract, the payment
thereof and any proposed changes to the original arrangements submitted with this bid.
The bidder also agrees to allow an audit and/or examination of any books, records and
files held by their company that will substantiate the actual work performed on this
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three
(3) years and for initiating action under Federal, State or Local laws concerning false
statements. Any failure to comply with this ordinance and creates a material breach of
contract may result in a determination of an irresponsible offeror and barred from
participating in City work for a period of time not less than one (1) year.
The undersigned certifies that the information provided and the M/WBE(s) listed
was/were contacted in good faith. It is understood that any M/WBE(s) listed in
Attachment 1C will be contacted and the reasons for not using them will be verified by
the City's M/VVBE Office.
Authorized Signature
Title
Printed Signature
Contact Name and Title (if different)
Company Name Phone Number Fax Number
Address
Email Address
City/State/Zip Date
FORT WORTH
CITY OF FORT WORTH
Joint Venture Eligibility Form
All questio�is niust be answered; use "NA" if applicable.
Name of City project:
A joint venture form must be completed on eacl� project
RFP/Bid/Purchasing Number:
1. Joint venture information:
Joint Venture
1 of 4
Joint Venture Name:
Joint Venture Tax ID #:
Joint Venture Address:
(If a�plicable)
Telephone: Facsiinile: Cell: E-inail address:
Identify the fu-ms that coinprise the joint venture:
Please attach extra sheets if additional space is required to provide the same firm information and detailed explanations
of work to be performed b each firm comprising the joint venture
M/WBE firm Non-M/WBE
name: firm name:
Tax ID #: Tax ID #:
Busivess Address: Business Address:
City, State, Zip: City, State, Zip:
Tclephoue Facsimile Cell Telepl�one Facsimile Cell
E-mail E-mail
Certi£cation Status:
If pending, date cmnpleted packet submitted to agency:
Name of Cer6fying Agency:
M/R'BE firm Non-M/WBE
name: firm name:
Tax ID #: Tax ID #:
Business Address: Susiness Address:
City, State, Zip: City, State, Zip:
Telephone Facsiinile Cell Telephone Facsimile Cell
E-mail E-mail
Certificarion Status:
If pending, date completed packet submitted to agency:
Name of Certifyiug Agency:
Rev. 05-04-10
Joint Venture
2 of 4
2. Sco e of work erformed b the Joint Venture:
Describe the sco e of work of the M/WBE: Describe the sco e of work of the non-M/WBE:
3. What is the percentage of MIWBE participation on this joint venture that you wish to be counted toward
meeting the project goal?
4. Date of Joint Venture Agreement:
5. Attach a copy of the joint venture agreement.
6. List components of ownership of joint venture: (Do not contplete if tltis inforntatio�� is descr•ibed in joint ve�ature agreemerat)
Proiit and loss sharing:
Capital contributions, including
equipment:
Other applicable ownership interests:
7. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day
management and decision making of the joint venture:
Financial decisions
(to include Account Payable and Receivable):
Management decisions:
a. Estimating
----------------------- ----------------------
b. Marketing and Sales
Rev. 05-04-10
Joint Venture
3 of 4
The City's Minority and Women Business Enterprise Office will review your joint venture submission and
will have finai approval of the M/WBE percentage applied toward the goal for the project listed on this
form.
NOTE:
From and after the date of contract award, if any of the participants, the individualiy defined scopes
of work or the doilar amounts/percentages change from the originally approved information, then
the participants must inform the City's M/WBE Office immediately for approval. Any unjustified
change or deletion shall be a material breach of contract and may result in debarment in accord
with the procedures outlined in the City's M/WBE Ordinance.
Rev. 05-04-10
Joint Venture
4 of 4
AFFIDAVIT
The undersigned affirms that the foregoing statements are true and correct and include all material infonnation
necessaty to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall
agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payinents
herein.
The City also reseives the right to request any additional information deemed necessaiy to determine if the joint
venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds
for termination of the eligibility process.
The undersigned agree to pei�rnit audits, inteiviews with owners and examination of the books, records and files
of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this
provision shall result in the termination of any contract, which may be awarded under the provisions of this joint
venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false
statements or willful misrepresentation of facts.
------------------------------------------------------------------------------------------------------------------- --- -- ----
Name of M/WBE firm Name ofnon-M/WBE firni
Printed Name of Owner Printed Name of Otvner
Signature of Owner Signature of Owner
Printed Name of Owner Printed Name of Owner
Signatm•e of Owner Signature of Owner
Title Tifle
Date Date
State of
On this
day of
Notarization
County of
20 , before ine appeared
and
to ine personally known and who, being duly sworn, did execute the foregoing af�davit and did state that they were
properly authorized to execute this af�davit and did so as their free act and deed.
Notary Public
Print Name
Notary Public
Signature
Commission Expires _
(sea[
Rev. 05-04-10
PROPOSAL
TO: The Purchasing Department Fort Worth, Texas
City of Fort Worth, Texas 9/26/2011
FOR: South-Central High-Speed Corridor Quiet Zone from Butler St to Biddison St
City Project No.: 00856
UNITS/SECTIONS:
TPW Project No. GR75 541200 020302538300
TxDOT CSJ 0902-48-694
Pursuant to the foregoing "Notice to Bidders," the undersigned has exainined the plans,
specifications and the site, understands the amount of worlc to be done, and hereby
proposes to do all the work and furnish all labor, equipment, and materials necessaiy to
fully complete all the worlc as provided in the plans and specifications, and subject to
the inspection and approval of the Director, Water Department of the City of Fort
Worth. If required by this project, Contractor must be pre-qualified in accordance with
the projects sponsoring Departments of the City of Fort Worth requirements. Upon
acceptance of this Proposal by the City Council and required by this project, the bidder
is bound to execute a contract and fiu-nish Perfoimance, Maintenance Bond for the
water replaceinent contract only, and Payment Bond approved by the City of Fort Worth
for perfot-ming and completing said work within the time stated for the following sums,
to wit:
Total quantities given in the bid proposal inay not reflect actual quantities, by represent
the best accuracy based on a reasonable effort of investigation; however, they are given
for the puzpose of bidding on and awarding the contract.
Special Note: All contractors are advised that one contract will be awarded to the
lowest combined bid for all Units/Sections.
��� ��� Within t��l (10) days after noti�eation by die CiCy of Foa•t �Voril�, the wldersigned will e�ecut�e the
fi�rtnal contract and �a�ill delivei� an approved Surety I3ond and such otl�ei� bonds 1s required Uy the
� Contract Docwl�ents, for the Faithful Z�erformance oF fhe Coiiiract. The attached bid security in the
amount of 5�/a is to beeome the property of tl�e City of Fort Worth, Texas, in the event the contract and
bond ar boi�ds 1re not e�eeuted and delivercd wit(iin tlie tiulc above se� for�h, as liquidated dauaages for
the delay a�id additional ���orlc caused �hereby,
If as a require�nent o�£ this projec(, the �mdersigueci bidder certifies tliai they have been furnished at least
one set of tl�e Ueneral Gontract Documents a��id General or Speeial Specit=�catious tar Projects, and that
tliey liave thorolighly read <1nd com�letely understand all tlie i•equii•ements and conditioiis of tliose
Gei�eral Docuuients and the speci�c Coutracl Documents and appurCenant plans.
The undersi�ncd assured t[�at its employees �ud ap��licants f'or emplo}nncnt and those of any tabor
organizatioi7, subcontractors, or euaployment agency in eitlier fiirnisl�ing or i•efen�ing eiuployee
applicants to the undersigned are not ciiscrimin�ted against as prohibited by the fenns of City Ordinanee
No. 7275 as amencled by City Ordinance No. 7400.
Tlle Bidcler �grees to begin coustruction rvitl� ten ( f Oj cale�ldar days after issi�e of tlae �voi•Ic order and io
conlplete tl�e contract 1��i111in 60 days after be�;inning eoilsh�uctio�i as s�t io�•th in tl�e �vritten �vo�lc order
to be furnislied by tlie U�vner.
(Checic One Box and complete, 1s appiicable)
❑ Tlle pi•incipal ��lace of business of ouc cotnpany is iii tl�e State of
�. Nonresident bidders in the State of , our principal p]ace of business, are
required lo be percent lower than resident bidclers by staYe law. A. copy ot�
the statute is aitached.
b. Nonresid�nt bidders in the State of , our principll place of business, are not
required io underbid resident bidders.
� T'lie pi•incipal place of business of ol�r conipany oi• our pai•ent com�any oi• majority owiier
is in the State of Teaas.
Receipt is acknowledged of the follo�ving
�l C� CIGIIC� 1:
Addendum No. I:
Addendum I�io. 2:
Adcleudum No. 3:
!\ddendum No. 4;
Addendum Na. 5:
Addendu��l No, 6:
( .`•.!�ii�.. �.;`-,u��;�i�• ` ,; �
Respectfi�lly submitted,
13y: ICurt Anderson
Title: Vice President
Colnpany: CTC, Inc .
Address: 6100 Southwest Blvd.
Suite 500
Fort Worth, TX 76109
Date: January 3 0, 2 013
C1-1
C1-1.1
C1-1.2
C1-1.3
C1-1.4
C1-1.5
C1-1.6
C1-1.7
C1-1.8
C1-1.9
C1-1.10
C1-1.11
C1-1.12
C1-1.13
C1-1.14
C1-1.15
C1-1.16
C1-1.17
C1-1.18
C1-1.19
C1-1.20
C1-1.21
C1-1.22
C1-1.23
C1-1.24
C1-1.25
C1-1.26
C1-1.27
C1-1.28
C1-1.29
C1-1.30
C1-1.31
C1-1.32
PART C - GENERAL CONDITIONS
TABLE OF CONTENTS
OCTOBER 19, 2009
TABLE OF CONTENTS
DEFINITIONS
Definition of Terms
Contract Documents
Notice to Bidders
Proposal
Bidder
General Conditions
Special Conditions
Specifications
Bonds
Contract
Plans
City
City Council
Mayor
City Manager
City Attorney
Director of Public Works
Director, City Water Department
Engineer
Contractor
Sureties
The Work or Project
Working Day
Calendar Days
Legal Holidays
Abbreviations
Change Order
Paved Streets and Alleys
Unpaved Streets or Alleys
City Street
Roadway
Gravel Street
C2-2 INTERPRETATION AND PREPARATION
OF PROPOSAL
C2-2.1 Proposal Form
C2-2.2 Interpretation of Quantities
C2-2.3 Examination of Contract Documents and Site of Project
C2-2.4 Submitting of Proposal
(1)
C1-1 (1)
C1-1 (1)
C1-1 (2)
C1-1 (2)
C1-1 (2)
C1-1 (2)
C1-1 (2)
C1-1 (2)
C1-1 (2)
C1-1 (2)
C1-1 (3)
C1-1 (3)
C1-1 (3)
C1-1 (3)
C1-1 (3)
C1-1 (3)
C1-1 (3)
Cl-1 (3)
C1-1 (3)
C1-1 (3)
C1-1 (3)
C1-1 (4)
C1-1 (4)
C1-1 (4)
C1-1 (4)
C1-1 (4)
C1-1 (4)
C1-1 (5)
C1-1 (5)
C1-1 (6)
C1-1 (6)
C1-1 (6)
C1-1 (6)
C2-2 (1)
C2-2 (1)
C2-2 (2)
C2-2 (2)
C2-2.5 Rejection of Proposals
C2-2.6 Bid Security
C2-2.7 Delivery of Proposal
C2-2.8 Withdrawing Proposais
C2-2.9 Telegraphic Modifications of Proposals
C2-2.10 Public Opening of Proposal
C2-2.11 Irregular Proposals
C2-2.12 Disqualification of Bidders
C3-3 AWARD AND EXECUTION OF DOCUMENTS:
C3-3.1 Consideration of Proposals
C3-3.2 Minarity Business Enterprise/Women Business
Enterprise Compliance
C3-3.3 Equal Employment Provisions
C3-3.4 Withdrawal of Proposals
C3-3.5 Award of Contract
C3-3.6 Return of Proposal Securities
C3-3.7 Bonds
C3-3.8 Execution of Contract
C3-3.9 Failure to Execute Contract
C-3-3.10 Beginning Work
C3-3. ll Insurance
C3-3.12 Contractor's Obligations
C3-3.13 Weekly Payrolls
C3-3.14 Contractor's Contract Administration
C3-3.15 Venue
C4-4 SCOPE OF WORK
C4-4.1 Intent of Contract Documents
C4-4.2 Special Provisions
C4-4.3 Increased or Decreased Quantities
C4-4.4 Alteration of Contract Documents
C4-4.5 Extra Work
C4-4.6 Construction Schedule
C4-4.7 Schedule Tiers Special Instructions
CS-5 CONTROL OF WORK AND MATERIALS
CS-5.1 Authority of Engineer
CS-5.2 Conformity with Plans
CS-5.3 Coordination of Contract Documents
CS-5.4 Cooperation of Contractor
CS-5.5 Emergency and/or Rectification Work
CS-5.6 Field Office
CS-5.7 Construction Stakes
�2)
C2-2 (3)
C2-2 (3)
C2-2 (3)
C2-2 (3)
C2-2 (3)
C2-2 (4)
C2-2 (4)
C2-2 (4)
C3-3 (1)
C3-3 (1)
C3-3 (1)
C3-3 (1)
C3-3 (2)
C3-3 (2)
C3-3 (2)
C3-3 (3)
C3-3 (3)
C3-3 (4)
C3-3 (4)
C3-3 (6)
C3-3 (6)
C3-3 (6)
C3-3 (7)
C4-4 (1)
C4-4 (1)
C4-4 (1)
C4-4 (2)
C4-4 (2)
C4-4 (3)
C4-4 (6)
CS-5 (1)
CS-5 (1)
CS-5 (1)
CS-5 (2)
CS-5 (2)
CS-5 (3)
CS-5 (3)
cs-s.s
CS-5.9
CS-5.10
CS-5.11
CS-5.12
CS-5.13
CS-5.14
CS-5.15
CS-5.16
CS-5.17
CS-5.18
C6-6
C6-6.1
C6-6.2
C6-6.3
C6-6.4
C6-6.5
C6-6.6
C6-6.7
C6-6.8
C6-6.9
C6-6.10
C6.6.11
C6-6.12
C6-6.13
C6-6.14
C6-6.15
C6-6.16
C6-6.17
C6-6.18
C6-6.19
C6-6.20
C6-6.21
C7-7
C7-7.1
C7-7.2
C7-7.3
C7-7.4
C7-7.5
C7-7.6
C7-7.7
C7-7.8
Authority and Duties of City Inspector
Inspection
Removal of Defective and Unauthorized Work
Substitute Materials or Equipment
Samples and Tests of Materials
Storage of Materials
Existing Structures and Utilities
Interruption of Service
Mutual Responsibility of Contractors
Clean-Up
Final Inspection
LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
Laws to be Observed
Permits and Licenses
Patented Devices, Materials, and Processes
Sanitary Provisions
Public Safety and Convenience
Privileges f Contractor in Streets, Alleys,
and Right-of-Way
Railway Crossings
Barricades, Warnings and Flagmen
Use of Explosives, Drop Weight, Etc.
Work Within Easements
Independent Contractor
Contractor's Responsibility for Damage Claims
Contractor's Claim for Damages
Adjustment or Relocation of Public Utilities, Etc.
Temparary Sewer and Drain Connections
Arrangement and Charges for Water Furnished by the City
Use of a Section or Portion of the Work
Contractor's Responsibility for the Work
No Waiver of L,egal Rights
Personal Liability of Public Officials
State Sales Tax
PROSECUTION AND PROGRESS
Subletting
Assignment of Contract
Prosecution of The Work
Limitation of Operations
Character of Workmen and Equipment
Work Schedule
Time of Commencement and Completion
Extension of Time Completion
(3)
CS-5 (3)
CS-5 (4)
CS-5 (4)
CS-5 (4)
CS-5 (5)
CS-5 (5)
CS-5 (5)
CS-5 (6)
CS-5 (7)
CS-5 (7)
CS-5 (8)
C6-6 (1)
C6-6 (1)
C6-6 (1)
C6-6 (1)
C6-6 (2)
C6-6 (3)
C6-6 (3)
C6-6 (3)
C6-6 (4)
C6-6 (5)
C6-6 (6)
C6-6 (6)
C6-6 (8)
C6-6 (8)
C6-6 (8)
C6-6 (9)
C6-6 (9)
C6-6 (9)
C6-6 (9)
C6-6 (10)
C6-6 (10)
C7-7 (1)
C7-7 (1)
C7-7 (1)
C7-7 (2)
C7-7 (2)
C7-7 (3)
C7-7 (3)
C7-7 (3)
C7-7.9 Delays
C7-710 Time of Completion
C7-7.11 Suspension by Court Order
C7-7.12 Temporary Suspension
C7-7.13 Termination of Contract due to National Emergency
C7-7.14 Suspension or Abandonment of the Work
and Annulment of the Contract:
C7-7.15 Fulfillment of Contract
C7-7.16 Termination for Convenience of the Owner
C7-7.17 Safety Methods and Practices
..
.
..
.
..
..
.
..
..,
..
.
..
..
...
.
..
...
...
. ..
.
. . �
..
.
..
..
..
..
MEASUREMENT AND PAYMENT
Measurement Of Quantities
Unit Prices
Lump Sum
Scope of Payment
Partial Estimates and Retainage
Withholding Payment
Final Acceptance
Final Payment
Adequacy of Design
General Guaranty
Subsidiary Work
Miscellaneous Placement of Material
Record Documents
(4)
C7-7 (4)
C7-7 (4)
C7-7 (5)
C7-7 (5)
C7-7 (6)
C7-7 (6)
C7-7 (8)
C7-7 (8)
C7-7 (11)
C8-8 (1)
C8-8 (1)
C8-8 (1)
C8-8 (1)
C8-8 (2)
C8-8 (3)
C8-8 (3)
C8-8 (3)
C8-8 (4)
C8-8 (4)
C8-8 (4)
C8-8 (4)
C8-8 (4)
PART C - GENERAL CONDITIONS
C 1-1 DEFINITIONS
SECTION C1-1 DEFINITIONS
C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the
following terms ar pronouns in place of them are used, the intent and meaning shall be
understood and interpreted as follows:
C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are in 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 on 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
PART B - PROPOSAL
PART C - GENERAL CONDITIONS
PART D - SPECIAL CONDITIONS
PART E - SPECIFICATIONS
PERMITS/EASEMENTS
PART F - BONDS
PART G - CONTRACT
(Sample)
(Sample)
(CTI'Y)
(Developer)
(Sample)
(Sample)
White
White
Canary Yellow
Brown
Green
E 1-White
E2-Golden Rod
E2A-White
Blue
White
White
b. SPECIAL CONTRACT DOCUMENTS: The Speciai Contract
Documents are prepared for each specific project as a supplemeni to the
General Contract Documents and include the following items:
PART A- NOTICE TO BIDDERS (Advertisement) same as above
PART B - PROPOSAL (Bid)
PART C - GENERAL CONDITIONS
PART D - SPECIAL CONDITIONS
PART E - SPECIFICATIONS
PERMITS/EASEMENTS
PART F - BONDS
PART G - CONTRACT
PART H- PLANS (Usually bound separately)
C1-1 (1)
C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published
in public advertising mediums or furnished direct to interested parties pertaining to the
work contemplated under the Contract Documents constitutes the notice to bidders.
C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to
perform the work which the Owner desires to have done, together with the bid security,
constitutes the Proposal, which becomes binding upon the Bidder when it is officially
received by the Owner, has been publicly opened and read and not rejected by the Owner.
C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association,
corporation, acting directly or through a duly authorized representative, submitting a
proposal for performing the work contemplated under the Contract Documents,
constitutes a bidder.
C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction
and contract requirements which govern the performance of the work so that it will be
carried on in accordance with the customary procedure, the local statutes, and
requirements of the City of Fort Worth's charter and promulgated ordinances.
Whenever there may be a conflict between the General Conditions and the Special
Conditions, the latter shall take precedence. .
C 1-1.7 SPECIAL CONDTTIONS: 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 set foi�th in detail the requirements which must be met by all materials,
construction, workmanship, equipment and seivices in order to render a completed an
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 BONDS: The bond or bonds are the written guarantee or security furnished by
the Contractor for prompt and 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 (2)
C1-1.10 CONTRACT: The Contract is a formal signed agreement between the owner
and the Contractor covering the mutual understanding of the two contracting parties about
the project to be completed under the Contract Documents.
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
r from the other parts of the Contract Documents, but they are part of the Contract
Documents just as though they were bound therein.
C1-1.12 CTTY: 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 Manager, each of which is required by charter to perform specific duties.
Responsibility for final enforcement of the Contracts involving the City of Fort Worth is
by Charter vested in the City Manager. The terms City and Owner are synonymous.
C1-1.13 CITY COUNCII.: 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.
C1-1.17 DIRECTOR OF PUBLIC WORKS: The officially appointed official of the City
of Fort Worth, Texas, referred to in the charter as the City Engineer, or his duly
authorized representative.
C1-1.18 DIRECTOR CTTY WATER DEPARTMENT: The officially appointed
Director of the City Water Department of the City of Fort Worth, Texas, or his duly
authorized representative, assistant, or agents.
C1-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth
City Water Department, or their duly authorized assistants, agents, engineers, inspectors,
or superintendents, acting within the scope of the particular duties entrusted to them.
C1-1.20 CONTRACTOR: The person, person's, partnership, company, firm, association,
or corporation, entering into a contract with the Owner for the execution of work, acting
C1-1 (3)
directly or through a duly authorized representative. A sub-contractor is a person, firm,
corporation, supplying labor and materials or only labor, for the work at the site of the
project.
C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds as are
required with and for the Contractor. The sureties engaged are to be fully responsible for
the entire and satisfactory fulfillment of the Contract and for any and all requirements as
set forth in the Contract Documents and approved changes therein.
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 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:
1.
2.
3.
4.
5.
6.
7.
8.
9.
New Year's day
M.L. King, Jr. Birthday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
Such other days in lieu of holidays as
the City Council may detetmine
January 1
Third Monday in Januaiy
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Forth Friday in November
December 25
When one of the above named holidays or a special holiday is declared by the City
Council, falls on a 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 as the holiday.
C1-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the
Contract Documents, the intent and meaning shall be as follows:
C1-1 (4)
AASHTO -
ASCE -
IAW -
ASTM -
' ��� •
ASA
HI
Asph.
Ave.
Blvd.
CI
CL
GI
Lin.
lb.
MH
Max.
American Association of State
Highway Transportation Officials
American Society of Civil
Engineers
In Accordance With
American Society of Testing
Materials
American Water Works
Association
American Standards Association
Hydraulic Institute
Asphalt
Avenue
Boulevard
Cast Iron
Center Line
Galvanized I�on
Linear or Lineal
Pound
Manhole
Maximum
MGD - Million Gallons
per Day
CFS - Cubic Foot per
Second
Min. - Minimum
Mono. - Monolithic
% - Percentum
R - Radius
I.D. - Inside Diameter
O.D. - Outside Diameter
Elev. - Elevation
F - Fahrenheit
C - Centigrade
In. - Inch
Ft. - Foot
St. - Street
CY - Cubic Yard
Yd. - Yard
SY - Square yard
L.F. - Linear Foot
D.I. - Ductile Iron
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°Io of the amount of the particular item or items in the original proposal.
All "Change Orders" shall be prepared by the City from information as necessary
furnished by the Contractor.
C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as
a street or alley having one of the following types of wearing surfaces applied over the
natural unimproved surface:
1. Any type of asphaltic concrete with or without separate base material.
2. Any type of asphalt surface treatment, not including an oiled surface, with
or without separate base material.
3. Brick, with or without separate base material.
4. Concrete, with or without separate base material.
5. Any combination of the above.
C1-1 (5)
C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or
other surface is any area except those defined for "Paved Streets and Alleys."
C1-1.30 CITY STREET: 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') 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 an unimproved 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 - GENERAL 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 wili state the Bidder's
general understanding of the project to be completed, provide a space for furnishing the
amount of bid secui-ity, and state the basis for entering into a formal contract. The Owner
will furnish forms for the Bidder's "Experience Record," "Equipment Schedule," and
"Financial Statement," all of which must be properly executed and filed with the Director
of the City Water Department one week �rior 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 cur�ent and no more than one (1) year old.
In the case that 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 completed not more than five (5) years prior to the date on
which Bids are to be received. The Director of the Water Department shall be 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 QUANTTTIES: The quantities of work and materials
to be furnished as may be listed in the proposal forms or other parts of the Contract
Documents will be considered as a�proximate 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 (1)
C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT:
Bidders are advised that the Contract Documents on file with the Owner shall constitute
all of the information which the Owner will furnish. All additional information and data
which the Owner will supply after promulgation of the formal contract documents shall
be issued in the form of written addenda and shall become part of the Contract
Documents just as though such addenda were actually written into the original Contract
` Documents.
Bidders are required, prior to 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 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 infarmation 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 investigation, 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, on the plans are for general information only and may
not be correct. Neither the 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, wi-itten in ink in both
words and numerals, for which he proposes to do work contemplated or furnish the
materials required. All such prices shall be written legibly. In case of discrepancy
between price written in words and the price written in numerals, the price most
advantageous to the City shall govern.
If a proposal is submitted by an individual, his or her name must be signed by him (her)
or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or
partnership, the name and address of each member of the firm, association, or partnership,
or by person duly authorized. If a proposal is submitted by a company or corporation, the
company or corporation 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
C2-2 (2)
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, erasures, or irregularities of any kind, or contain unbalanced value of any
items. Proposal tendered ar 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 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.
C2-2.7 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 officiai 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 marker 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 WTTHDRAWING PROPOSALS: Proposals actually filed with the City
Manager cannot be withdrawn prior to the time set far opening proposals. A request for
non-consideration must be made in writing, addressed to the City Manager, and filed with
him prior to the time set for 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 mav, at the option of the Owner, be
returned unopened.
C2-2.9 TELEGRAHIC MODIFICATIONS 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 confizmation 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 (3)
C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and
for which no `�on-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 fot• the opening of bids.
C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as "Ii�regular" if they show
any omissions, alterations of foi�rn, additions, or conditions not called for, unauthorized alternate
bids, or irregularities of any lcind. However, the Owner reserves the right to waive any all
irregularities and to make the award of the contract to the lowest and best responsive bidder.
Tendering a proposal after the closing hour is an irregularity which can not 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 reasons:
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 ar-�ears on any existing cont�act or having defaulted on
a previous cont�act.
e) The bidder having performed a prior contract in an unsatisfactary manner.
fl Lack of competency as revealed by financial statement, experience statement,
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 Inst�uctions
2 A cut7ent experience recoi•d showing especially the projects of a nature similar to
the one under consideration, which have been successfully completed by the Bidder.
3 An equiprnent schedule showing the equipment the bidder has available for use
on the project.
The Bid Proposal of the bidder who, in the judgment of the Engineer, is disqualified under the
requirements stated herein, shall be set aside and noi opened.
C2-2 (4)
PART C - GENERAL CONDITIONS
C3-3 AWARD AND EXECUTION OF
DOCUMENTS
SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS:
C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and
read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities
shown in the proposal, and the application of such formulas or other methods of bringing
items to a common basis as may be established in the Contract Documents.
The total obtained by taking the sum of the products of the 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 ward 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 may be 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 Woman-owned Business Enterprise (WBE) on the
contract and the payment therefor. Contractor further agrees, upon request by the Owner,
to allow and audit and/or an examination of any books, recards, or files in the possession
of the Contractor that will substantiate the actual work performed by an MWE or WBE.
Any material misrepresentation of any nature will be grounds for termination of the
contract and for initiating any action under appropriate federal, state or local laws and
ordinances relating to false statements; further, any such misrepresentation may be
grounds for disqualification of Contractor at Owner's discretion for bidding on future
Contracts with the Owner for a period of time of not less than six (6) months.
C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with
Current City Ordinances prohibiting discrimination in employment practices. The
Contractor shall post the required notice to that effect on the project site, and at his
request, will be provided assistance by the City of Fort Worth's Equal Employment
Officer who will refer any qualified applicant he may have on file in his office to the
Contractor. Appropriate notices may be acquired from the Equal Employment Officer.
C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the
Owner, it cannot be withdrawn by the Bidder within forty-five (45) days after the date on
which the proposals were opened.
C3-3 (1)
C 3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final
action on the proposals for a reasonable time, not to exceed forty-five (45) days after the
date of opening proposals, and in no event will an award be made until after
investigations have been made as to the responsibility of the proposed awardee.
The award of the contract, if award is made, will be to the lowest and best res�onsive
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 SECURTTIES: 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
the amount of 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 use of inferior materials. This performance bond shall guarantee the
payment for all labor, materials, equipment, supplies, and services used in
the construction of the work, and shall remain in full force and effect until
provisions as above stipulated are accomplished and final payment is made
on the project by the City.
b. MAINTENANCE BOND: A good and sufficient maintenance bond, in
the amount of not less than 100 percent of the amount of the contract, as
evidenced by the proposal tabulation or otherwise, guaranteeing the
prompt, full and faithful performance of the general guaranty which is set
forth in paragraph C8-8.10.
c. PAYMENT BOND: A good and sufficient payment 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 payment of all claimants as defined in Article
C3-3 (2)
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. Treasuiy 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 new surety satisfactory to the Owner. No payment will be made under the
contract until the new surety or sureties, as required, have qualified and have been
accepted by the Owner. The contract shall not be operative nor will any payments be due
or paid until approval of the bonds by the Owner.
C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has
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 annual 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 occurring 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 the Owner will
C3-3 (3)
suffer by reason of such failure on the part of the Awardee and shall thereupon
immediately by forfeited to the Owner.
The filing of a proposal will be considered as acceptance of this provision by the Bidder.
C-3-3.10 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 "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.
C3-3.11INSURANCE: The Contractar shall not commence work under this
contract until he has obtained all 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-contractor's 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, Worker's Compensation Insurance on all of
his employees to be engaged in work on the project under this contract,
and for all sub-contractors. In case any class of employees engaged in
hazardous work on the project under this contract is not protected under
the Worker's Compensation Statute, the Contractor shall provide adequate
employer's general liability insurance for the protection of such of his
employees not so protected.
b. COMPREHENSIVE GENERAL LIABII,ITY INSURANCE: The
Contractor Shall procure and shall maintain duz�ing the life of this contract,
Comprehensive General Liability Insurance (Public Liability and Property
Damage Insurance) in the amount not less than $500,000 covering each
occurrence on account of bodily injury, including death, and in an amount
not less than $500,000 covering each occurrence on account of property
damage with $2,000,000 umbrella policy coverage.
c. ADDTTIONAL LIABII.ITY: The Contractor shall furnish
' insurance as a separate policies or by additional endorsement to one of the
- above-mentioned policies, and in the amount as set farth for public
liability and property damage, the following insurance:
1. Contingent Liability (covers General Contractor's Liability for acts
of sub-contractors).
C3-3 (4)
2. Blasting, prior to any blasting being done.
3. Collapse of buildings or structures adjacent to excavation �
excavation are performed adjacent to same).
4. Damage to underground utilities for $500,000.
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, respectively, against damage
claims which may arise from operations under this contract, whether such
operations be by the insured or by anyone directly or indirectly employed
by him, and also against any of the following special hazards which may
be encountered in the performance of the Contract.
f. PROOF OF CARRIAGE OF INSURANCE: The Contractar shall furnish
the owner with satisfactory proof of coverage by insurance required in
these Contract Documents in the amounts and by carriers satisfactory to
the Owner. (Sample attached.) All insurance requirements made upon the
Contractor shall apply to the sub-contractors, 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
C3-3 (5)
performance, payment, maintenance and all such other bonds are written,
shall be represented by an agent or agents having an office located within
the city limits of the City of Fort Worth. Tarrant County, Texas. Each such
agent shall be a duly qualified, one upon whom authority and power to act
on behalf of the insurance andlor bonding company to negotiate and settle
with the City of Fort Woi-th, ar any other claimant, and claims that the City
of Fort Worth or other claimant or any property owner who has been
damaged, may have against the Contractor, insurance, and/or bonding
company. If the local insurance representative is not so empowered by the
insurance or bonding companies, then such authority must be vested in a
local agent or claims officer residing in the Metroplex, the Fort Worth-
Dallas area. The name of the agent, or agents shall be set forth on all 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 PAYROLLS: A certified copy of each payroll covering payment
of wages to all persons engaged in work on the project at the site of the project shall be
furnished to the Owner's representative within seven (7) days after the close of each
payroll period. A copy or copies of the applicable minimum wage rates as set forth in the
Contract Documents shall be kept posted 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, cotporation or other
who is approved to do business with and enters into a contract with the City for
construction of water and/or sanitary sewer facilities, will have or shall establish a fully
operational business office within the Fort Worth-Dallas metropolitan area. The
Contractor shall charge, delegate, or assign this office (or he may delegate his Project
Super�intendent) 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 made responsible to act for the Contractor in all matters
pertaining to the work governed by the Contract whether it be administrative or other
wise and as such shall be empowered, thus delegated and directed, to settle all material,
labor or other expenditure, ail claims against work or any other mater associated such as
maintaining adequate and appropriate insurance or security coverage for the project. Such
local authority for the 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
C3-3 (6)
appropriately signed and sealed, as applicable, by the Contractor's responsible offices
with the understanding that this written assignment of authority to the 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 the 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 allowed 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 (7)
PART C - GENERAL CONDTTIONS
C4-4 SCOPE OF WORK
SECTION C4-4 SCOPE OF WORK
C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these
Contract Documents to provide for a complete, useful project which the Contractor
undertakes to construct or furnish, all in full compliance with the requirements and intent
of the Contract Documents. It is definitely understood that the Contractor shall do all
work as provided for in the Contract Documents, shall do all extra or special work as may
be considered by the Owner as necessary to complete the project in a satisfactory and
acceptable manner. The Contractor shall, unless otherwise specifically stated in these
Contract Documents, furnish all labor, tools, materials, machinery, equipment, special
services, and incidentals necessary to the prosecution and completion of the project.
C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not
thoroughly and satisfactorily stipulated or covered by General or Special Conditions of
these Contract Documents be anticipated, or should there be any additional proposed
work which is not covered by these Contract Documents, the "Special Provisions"
covering all such work will be prepared by the Owner previous to the time of receiving
bids or proposals for any such work and furnished to the Bidder in the form of Addenda.
All such "Special Provisions" shall be considered to be part of the Contract Documents
just as though they were originally written therein.
C4-4.3 INCREASED OR DECREASED QUANTTTIES: 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
perfoim the work as altered, increased or decreased at the unit prices. Such increased or
decreased quantity shall not be more than twenty-five (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 not shall such changes be
considered as waiving or invalidating any conditions or provisions of the Contract
Documents.
Variations in quantities of sanitazy sewer pipes in depth categories, shall be interpreted
herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but not to
the various depth categories.
C4-4 (1)
C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change order, the
owner reserves the right to make such changes in the Contract Documents and in the
character or quantities of the work as may be necessary or desirable to insure completion
in the most satisfactory manner, provided such changes do not materially alter the original
Contract Documents or change the general nature of the project as a whole. Such changes
shall not be considered as waiving or invalidating any condition or provision of the
`� � Contract Documents.
C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations
of the Contract Documents or of quantities or for other reasons for which no prices are
provided in the Contract Documents, shall be defined as `Bxtra 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 percent 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 owner by him and used for extra work. The fee shall be full and
complete compensation to cover the cost of superintendence, overhead,
other profit, general and all other expense not included in (1), (2), (3), and
(4) above. The Contractor shall keep accurate cost records on the form and
in the method suggested by the Owner and shall give the Owner access to
all accounts, bills, vouchers, and records relating to the Extra Work.
No "Change Order" shall become effective until it has been approved and signed by each
of the Contracting Parties.
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
Owner. In case any orders or instructions, either oral or written, appear to the Contractor
to involve Extra Work for which he should receive compensation, he shall make written
request to the Engineer for written orders authorizing such Extra Work, prior to beginning
such work.
C4-4 (2)
Should a difference arise as to what does or dose 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
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 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 `Bxtra Work" whether or not initiated by a"Change
Order" shall be a full, complete and final payment for all costs Contractor incurs as a
result or relating to the change or extra work, whether said costs are known, unknown,
foreseen or unforeseen at that time, including without limitation, any costs for delay,
extended overhead, ripple or impact cost, or any other effect on changed or unchanged
work as a result of the change or extra work.
C4-4.6 CONSTRUCTION SCHEDULE: Before commencing any work under this
contract, the CONTRACTOR shall submit to the OWNER a draft detailed baseline
construction schedule that meets the requirements described in this specification, showing
by Critical Path Method (CPM) the planned sequence and timing of the Work associated
with the Contract. All submittals shall be submitted in PDF format, and schedule files
shall also be submitted in native file format (i.e. file formats associated with the
scheduling software). The approved scheduling software systems for creating the
schedule files are:
— Primavera (Version 6.1 or later or approved by OWNER)
— Primavera Contractor (Version 6.1 or later or approved by OWNER)
— Primavera SureTrak (Version 3.x or later or approved by OWNER)
— Microsoft Project (Version 2003/2007 or later or approved by OWNER)
It is suggested that the CONTRACTOR employ or retain the services of a qualified
Projeci Scheduler to develop the required schedules. A qualified Project Scheduler
would have the following minimum capabilities and experience.
a. Experience preparing and maintaining detailed schedules, as well as 1 year of
experience using approved scheduling software systems as defined in this
specification.
b. Knowledge of Critical Path Method of scheduling and the ability to analyze
schedules to determine duration, resource allocation, and logic issues.
C4-4 (3)
c. Understanding of construction work processes to the extent that a logical critical
path method schedule can be developed, maintained, and progressed that
accurately represents the scope of work performed.
C4-4.6(a) BASELINE CONSTRUCTION SCHEDULE: The CONTRACTOR shall
develop, submit and review the draft detailed baseline construction schedule with the
OWNER to demonstrate the CONTRACTOR's understanding of the contract
requirements and approach for performing the work. The CONTRACTOR will prepare
the final detailed baseline construction schedule based on OWNER comments, if any.
The CONTRACTOR's first (lst) payment application will only be processed after the
detailed baseline construction schedule has been submitted by the CONTRACTOR and
accepted by the OWNER.
The following guidelines shall be adhered to in preparing the baseline construction
schedule.
a. Milestone dates and final project completion dates shall be developed to conform
to the time constraints, sequencing requirements, and completion time.
b. The construction progress shall be divided into activities with time durations no
greater than 20 work days. Fabrication, delivery and submittal activities are
exceptions to this guideline.
c. Activity durations shall be in work days and normal holidays and weather
conditions over the duration of the contract shall be accounted for within the
. duration of each activity.
d. The critical path shall be clearly shown on the construction schedule.
e. Float time is defined as the amount of time between the earliest start date and the
late start date using CPM. Float time is a shared and expiring resource and is not
for the exclusive use or benefit of the CONTRACTOR or OWNER.
f. Thirty days shall be used for submittal review unless otherwise specified.
The construction schedule shall be divided into general activities as indicated in the
Schedule Guidance Document and each general activity shall be broken down into sub-
` activities in enough detail to achieve sub-activities of no greater than 20 days duration.
The Schedule Guidance Document is located on Buzzsaw and is hereby made a part of
this contract document by reference for all purposes, the same as if copies verbatim
herein.
For each general activity, the construction schedule shall identify all trades or
subcontracts applicable to the project whose work is represented by activities that follow
the guidelines of this section.
For each of the trades or subcontracts applicable to the project, the construction schedule
shali indicate the following: procurement, construction, pre-acceptance activities, and
C4-4 (4)
�
events in their logical sequence for equipment and materials. Include applicable activities
and milestones such as:
1. Milestone for formal Notice to Proceed
2. Milestone for Final Completion or other completion dates specified in the contract
documents
3. Preparation and transmittal of submittals
4. Submittal review periods
5. Shop fabrication and delivery
6. Erection and installation
7. Transmittal of manufacturer's operation and maintenance instructions
8. Installed equipment and material testing
9. Owner's operator instructions (if applicable)
10. Final inspection
11. Operational testing
C4-4.6(b) PROGRESS CONSTRUCTION SCHEDULE: The CONTRACTOR shall
prepare and submit monthly to the OWNER for approval the updated schedule in
accordance with C4-4.6 and C4-4.7 and the OWNER's Schedule Guidance Document
inclusive. As the Work progresses, the CONTRACTOR shall enter into the schedule and
record actual progress as described in the Schedule Guidance Document.
The updated schedule submittal shall also include a concise narrative report that
highlights the following, if appropriate and applicable:
� Changes in the critical path,
• Expected schedule changes,
� Potential delays,
• Opportunities to expedite the schedule,
� Coordination issues the OWNER should be aware of or can assist with,
• Other schedule-related issues that the CONTRACTOR wishes to communicate to
the OWNER.
a. The CONTRACTOR's monthly progress payment applications will not be accepted
and processed for payment without monthly schedule updates, submitted in the time
and manner required by this specification and the Schedule Guidance Document, and
which accurately reflects the allowable costs due under the Contract Documents and
is accepted by the OWNER.
b. Only one schedule update will be required per month in accordance with the Schedule
Guidance Document and this specification.
c. Failure to maintain the Schedule in an accepted status may result in the OWNER
withholding payment to the CONTRACTOR until the schedule is accepted.
C4-4 (5)
C-4-4.6(c) PERFORMANCE AND CONSTRUCTION SCHEDULE: 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 schedule progress and to ensure completion of the
Work within the allotted Contract time.
Failure of the CONTRACTOR to comply with these requirements shall be considered
grounds for deternlination by the OWNER that the CONTRACTOR is failing to execute
the Work with due diligence as will ensure completion within the time specified in the
Contract.
C4-4.7 SCHEDULE TIERS SPECIAL INSTRUCTIONS:
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule for all projects shail be Tier 3 unless otherwise stated in the
contract documents. The requirements for each Tier are described below.
CONTRACTOR shall submit each schedule relying on the Schedule Guidance Document
provided in the Contract Documents.
TIER 3 COST LOADING SPECIAL INSTRUCTIONS:
1. At a minimum, each Activity Breakdown Structure (ABS) in the
scheduling software shall be cost-loaded with the total contract dollars
associated with the respective ABS elements.
TIER 4 COST LOADING SPECIAL INSTRUCTIONS:
l. Adhere to all Tier 3 requirements, and additionally the following:
2. Work (Schedule of Values Pay Items using the OWNER's standard
items) shall be loaded into the scheduling software using the "NON-
LABOR" resource type showing the quantity of work to be done along
with the corresponding value of the work measured in dollars. It is
intended that Earned Value will be calculated as the schedule resources
are progressed.
TIER 5 COST LOADING SPECIAL INSTRUCTIONS:
1. Adhere to all Tier 4 requirements, and additionally the following:
• Labor resources (Man-Hours) shall be loaded into the scheduling
software using the "LABOR" resource type with man-hours and
without cost.
C4-4 (6)
PART C - GENERAL CONDITIONS
CS-5 CONTROL OF WORK AND
MATERIALS
SECTION CS-5 CONTROL OF WORK AND MATERIALS
CS-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the
satisfaction of the Engineer and in strict compliance with the Contract Documents. The
Engineer shall decide all questions which arise as to the quality and acceptability of the
materials furnished, work performed, rate of progress of the work, overall sequence of the
construction, interpretation of the Contract Documents, acceptable fulfillment of the
Contract, compensation, mutual rights between Contractor and Owner under these
Contract Documents, supervision of the wark, resumption of operations, and all other
questions or disputes which may arise. Engineer will not be responsible for Contractor's
means, methods, techniques, sequence 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.
The Engineer 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 carty 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.
CS-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall
conform with lines, grades, cross-sections, finish, and dimensions shown on the plans or
any other requirements other wise described in the Contract Documents. Any deviation
from the approved Contract Documents required by the Engineer during construction will
in all cases be determined by the Engineer and authorized by the Owner by Change Order.
CS-5.3 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
specification, 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
CS-5 (1)
4
Contract Documents, and the owner shall be permitted to make such corrections or
interpretations as may be deemed necessary for fulfillment of the intent of the Contract
� Documents. In the event the Contractor discovers an apparent eiror or discrepancy, he
F
_
shall immediately call this condition to the attention of the Engineer. In the event of a
conflict in 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.
CS-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished
with three sets of Contract Documents and shall have available on the site of the project
at all times, one set of such Contract Documents.
The Contractor shall give to the work the constant attention necessaiy 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, ar 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 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 the 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.
CS-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion
of the Owner or Engineer, a condition of emergency exists related to any part of the work,
the Contractor, or the Contractor through his designated representative, shall respond
with dispatch to a verbal request made by the Owner or Engineer to alleviate the
emergency condition. Such a response shall occur day or night, whether the project is
scheduled on a calendar-day or a working-day basis.
Should the Contractor fail to respond to a request from the Engineer to rectify any
discrepancies, omissions, or correction 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
�.
CS-5 (2)
capable of performing the same function as that specified ; and identifying all variations
of the proposed substitute from that specified and indicating available maintenance
service. No substitute shall be ordered or installed without written approval of Engineer
who will be the judge of the equality and may require Contractor to furnish such other
data about the proposed substitute as he considers pertinent. No substitute shall be
ordered or instailed without such performance guarantee and bonds as Owner may require
' which shall be furnished at Contractor's expense. Contractor shall indemnify and hold
harmless Owner and Engineer and anyone directly or indirectly employees by either of
them from and against the claims, damages, losses and expenses (including attorneys
fees) arising out of the use of substituted materials or equipment.
CS-5.12 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the
Engineer, or as called for in the Contract Documents, tests of materials or equipment are
necessary, such tests will be made at the expense of and paid for direct to the testing
agency by the Owner unless other wise specifically provided. The failure of the Owner to
make any tests of materials shall in no way relieve the contractor of his responsibility of
furnishing materials and equipment fully conforming to the requirements of the Contract
Documents. Tests and sampling of materials, unless otherwise specified, will be made in
accordance with the latest methods prescribed by the American Society for Testing
Materials or specific requirements of the Owner. The Contractor shall provide such
facilities as the Engineer may require for collecting and forwarding samples and shall not,
without specific written permission of the Engineer, use materials represented by the
samples until tests have been made and the materials approved for use. The Contractor
will furnish adequate samples without charge to the Owner.
In case of concrete, the aggregates, design minimum, and the mixing and transporting
equipment shall be approved by the Engineer before any concrete is placed, and the
Contractor shall be responsible for replacing any concrete which does not meet the
requirements of the Contract Documents. Tests shail be made at least 9 days prior to the
placing of concrete, using samples from the same aggregate, cement, and mortar which
are to be used later in the concrete. Should the source of supply change, new tests shall be
made pi-ior to the use of new materials.
C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the
construction contract shall be stored so as to insure the preservation of quality and fitness
of the work. When directed by the Engineer, they shall be placed on wooden platforms or
other hard, clean durable surfaces and not on the ground, and shall be placed under cover
when directed. Stored materials shall be placed and located so as to facilitate prompt
inspection.
CS-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions
shown on the plans relative to the existing utilities are based on the best information
available. Omission from, the inclusion of utility locations on the Plans is not to be
considered as nonexistence of, or a definite location of, existing underground utilities.
The location of many gas mains, water mains, conduits, sewer lines and service lines for
CS-5 (5)
all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for
failure to show any or all such structures and utilities on the plans or to show them in
their exact location. It is mutually agreed that such failure will not be considered
sufficient basis for claims for additional compensation for Extra Work or for increasing
the pay quantities in any manner whatsoever, unless an obstruction encountered is such as
to necessitate changes in the lines and grades of considerable magnitude or requires the
e building of special works, provision of which is not made in these Contract Documents,
- in which case the provision in these Contract Documents for Extra Work shall apply.
It shall be the Contractor's responsibility to verify locations of the adjacent and/or
conflicting utilities sufficiently in advance of construction in order that he may negotiate
such local adjustments as necessary in the construction process to provide adequate
clearances. The Contractor shail take all necessary precautions in order to protect all
existing utilities, structures, and service lines. Verification of existing utilities, structures,
and service lines shall include notification of all utility companies at least forry-eight (48)
hours in advance of construction including exploratory excavation if necessary. All
verification of utilities and their adjustment shall be considered subsidiary work.
CS-5.15 INTERRUPTION OF SERVICE:
a. Normal Prosecution: In the normal prosecution of work where the
interruption of service is necessary, the Contractor, at least 24 hours in
advance, shall be required to:
1. Notify the Water Department's Distribution Division as to
location, time, and schedule of seivice interruption.
2. Notify each customer personally through responsible personnel as
to the time and schedule of the interruption of their service, or
3. In the event that personal notification of a customer cannot be
made, a prepared tag form shall be attached to the customer's door
knob. The tag shall be durable in composition, and in large bold
letters shall say:
CS-5 (6)
"NOTICE"
Due to Utility Improvement in your neighborhood, your
(water) (sewer) service wili be interrupted on
between the hours of and
This inconvenience will be as short as possible.
Thank You,
Contractor
Address Phone
b. Emer•genc� In the event that an unforeseen service inten-uption occurs,
notice shall be as above, but immediate.
CS-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through act or
neglect on the part of the Contractor, or any other Contractor or any sub-contractor shall
suffer loss or damage of the work, the Contractor agrees to settle with such other
Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub-
contractor shall assert any claim against the owner on account of damage alleged to have
been sustained, the owner will notify the Contractor, who shail indemnify and save
harmless the owner against any such claim.
CS-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on
the job site during the prosecution of the work under these Contract Documents shall be
accomplished in keeping with a daily routine established to the satisfaction of the
Engineer. Twenty-four (24) hours after written notice is given the Contractor that the
clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the
Contractor fails to correct the unsatisfactory procedure, the City may take such direct
action as the Engineer deems appropriate to coirect the clean-up deficiencies cited to the
Contractor in the written notice, and the costs of such direct action, plus 25 % of such
costs, shall be deducted from the monies due or to become due to the Contractor.
Upon the completion of the project as a whole as covered by these Contract Documents,
and before final acceptance and final payment will be made, the Contractor shall clean
and remove from the site of the project all surplus and discarded materials, temporary
structures, and debris of every kind. He shall leave the site of all work in a neat and
orderly condition equal to that which originally existed. Surplus and waste materials
removed from the site of the work shall be disposed of at locations satisfactory to the
Engineer. The Contractor shall thoroughly clean all equipment and materials installed by
him and shall deliver over such materials and equipment in a bright, clean, polished and
new appearing condition. No extra compensation will be made to the Contractor for any
clean-up required on the project.
- � CS-5 (7)
CS-5.18 FINAL INSPECTION: Whenever the work provided for in and
contemplated under the Contract Documents has been satisfactorily completed and final
clean-up performed, the Engineer will notify the proper officials of the Owner and request
that a Final Inspection be made. Such inspection will be made within 10 days after such
notification. After such final inspection, if the work and materials and equipment are
found satisfactory, the Contractor will be notified in writing of the acceptance of the same
after the proper resolution has been passed by the City Council. No time charge will be
made against the Contractor between said date of notification of the Engineer and the date
of final inspection of the work.
CS-5 (8)
PART C - GENERAL CONDITIONS
C6-6 LEGAL RELATIONS AND PUBLIC
RESPONSIBILITY
SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
C6-6.1 LAWS TO BE OBSERVED:The Contractor shall at all times observe and
comply with all Federal and State Laws and City ordinances and regulations which in any
way affect the conduct of the work or his operations, and shall observe and comply with
all orders, laws, ordinances and regulations which exist or which may be enacted later by
bodies having jurisdiction or authority for such enactment. No plea or misunderstanding
or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify
and save harmless the City and all of its officers, agents, and employees against any and
all claims or liability arising from or based on the violation of any such law, ordinance,
regulation, or order, whether it be by himself or his employees.
,` ' C6-6.2 PERMTTS AND LICENSES: The Contractor shall procure all permits and
licenses, pay all charges, costs and fees, and give all notices necessary and incident to the
due and lawful prosecution of the work.
C6-6.3 PATENTED DEVICES MATERIALS AND PROCESSES• If the Contractor
is required or desires to use any design, device, material, or process covered by letter,
patent, or copyright, he shall provide for such use by suitable legal agreement with the
� patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and
understood that without exception the contract price shall include all royalties or cost
arising from patents, trademarks, and copyrights in any way involved in the work. The
Contractor and his sureties shall indemnify and save harmless the Owner from any and all
claims for infringement by reason of the use of any such trade-mark or copyright in
connection with the work agreed to be performed under these Conh�act Documents, and
shall indemnify the Owner for any cost, expense, or damage which it may be obliged to
pay by reason of such infringemeni at any time during the prosecution of the work or after
completion of the work, provided, however, that the Owner will assume the responsibility
to defend any and all suits brought for the infringement of any patent claimed to be
infi-inged upon the design, type of construction or material or equipment specified in the
Contract Documents furnished the Contractor by the Owner, and to hold the Contractor
harmless on account of such suits.
C6-6.4 SANTTARY PROVISIONS: The Contractor shall establish and enforce
among his employees such regulations in regard to cleanliness and disposal of garbage
and waste as will tend to prevent the inception and spread of infectious or contagious
diseases and to effectively prevent the creation of a nuisance about the work on any
property either pubiic or private, and such regulations as are required by Law shall be put
into immediate force and effect by the Contractor. The necessary sanitary conveniences
for use of laborers on the work, properly secluded from public observation, shall be
constructed and maintained by the Contractor and their use shall be strictly enforced by
C6-6(1)
the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from
objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the
State of Texas and the City shall be strictly complied with.
C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment
stored about the work shall be placed and used, and the work shall at all times be so
` conducted, as to cause no greater obstruction or inconvenience to the public than is
r considered to be absolutely necessary by the Engineer. The Contractar is required to
maintain at all times all phases of his work in such a manner as not to impair the safety or
convenience of the public, including, but not limited to, safe and convenient ingress and
egress to the property contiguous tot he work area. The Contractor shall make adequate
provisions to render reasonable ingress and egress far normal vehicular traffic, except
during actual trenching or pipe installation operations, at all driveway crossings. Such
provisions may include bridging, placement or crushed stone or gravel or such other
means of providing proper ingress and egress for the property served by the driveway as
the Engineer may approve as appropriate. Such other means may include the diversion of
driveway traffic, with specific approval by the Engineei•, If diversion of traffic is
approved by the Engineer at any location, the Contractor may make arrangements
satisfactory to the Engineer for the diversion of traffic, and shall, at his expense, provide
all materials and perform all work necessary for the construction and maintenance of
roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed
except by special permission of the Engineer.
The materials excavated and the construction materials such as pipe used in construction
of the work shall be placed so as not to endanger the work or prevent free access to all
fire hydrants, fire alarm boxes, police call boxes, water valves, gas valves, or manholes in
the vicinity. The Owner reserves the right to remedy any neglect on the part of the
Contractor as regards to public convenience and safety which may come to its attention,
after twenty-four hours notice in writing to the Contractor, save in cases of emergency
when it shall have the right to remedy any neglect without notice, and in either case, the
cost of such work or materials furnished by the Owner or by the City shall be deducted
from the monies due or to become due to the Contractor.
The Contractor, after approval of the Engineer, shall notify the Fire Department
Headquarters, Traffic Engineer, and Police Department, when any street or alley is
requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and
when so directed by the Engineer, shall keep any street, streets, or highways in condition
for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire
Department Headquarters when all such obstructed streets, alleys, or hydrants are placed
back in service.
Where the Contractor is required to construct temporaiy bridges or make other
arrangements for crossing over ditches or streams, his responsibility for accidents in
connection with such crossings shall include the roadway approaches as well as the
structures of such crossings.
C6-6(2)
The Contractar shall at all times conduct his operation and use of construction machinery
so as not to damage or destroy trees and scrubs located in close proximity to or on the site
of the work. Wherever any such damage may be done, the Contractor shall immediately
satisfy all claims of property owners, and no payment will be made by the Owner in
settlement of such claims. The Contractor shall file with the Engineer a written statement
showing all such claims adjusted.
C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS ALLEYS AND
RIGHT-OF-WAY: For the performance of the contract, the Contractor will be
permitted to use and occupy such portions of the public streets and alleys, or other public
places or other rights-of-way as provided for in the ordinances of the City, as shown in
the Contract Documents, or as may be specifically authorized in writing by the Engineer.
A reasonable amount of tools, materials, and equipment for construction purposes may be
stored in such space, but no more than is necessary to avoid delay in the construction
operations. Excavated and waste materials shall be piled or staked in such a way as not to
interfere with the use of spaces that may be designated to be left free and unobstructed
and so as not to inconvenience occupants of adjacent property. If the street is occupied by
railroad tracks, the work shall be carried on in such manner as not to interfere with the
operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may,
for all purposes required by the contract, enter upon the work and premises used by the
Contractor and shall be provided all reasonable facilities and assistance for the
completion of adjoining work. Any additional grounds desired by the Contractor for his
use shall be provided by him at his own cost and expense.
C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way
of any railroad, the City will secure the necessary easement for the work. Where the
railroad tracks are to be crossed, the Contractor shall obselve all the regulations and
instructions of the railroad company as to the methods of performing the work and take
all precautions for the safety of property and the public. Negotiations with the railway
companies for the permits shall be done by and through the City. The Contractor shall
give the City Notice not less than five days prior to the time of his intentions to begin
work on that portion of the project which is related to the railway properties. The
Contractor will not be given extra compensation for such railway crossings uniess
specifically set forth in the Contract Documents.
C6-6.8 BARRICADES, WARNII�IGS AND WATCHMEN: Where the work is
carried on in or adjacent to any street, alley, or public place, the Contractor shall at his
own expense furnish, erect, and maintain such barricades, fences, lights, and danger
signals, shall provide such watchman, and shall take all such other precautionary
measures for the protection of persons or property and of the work as are necessary.
Barricades and fences shall be painted in a color that will be visible at night. From sunset
to sunrise the Contractor shall furnish and maintain at least one easily visible burning
light at each barricade. A sufficient number of barricades shall be erected and maintained
to keep pedestrians away from, and vehicles from being driven on or into, any work under
C6-6(3)
construction or being maintained. The Contractor shall furnish watchmen and keep them
at their respective assignments in sufficient numbers to protect the work and prevent
accident or damage.
All installations and procedures shall be consistent with provisions set forth in the "1980
Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued
� under the authority of the "State of Texas Uniform Act Regulating Traffic on Highways",
codified as Article 6701d Veron's Civil Statues, pertinent section being Section Nos. 27,
29, 30 and 31.
The Contractor will not remove any regulatory sign, instructional sign, street name sign,
or other sign which has been erected by the City. If it is determined that a sign must be
removed to permit required construction, the Contractor shall contact the Transportation
and Public Warks Department, Signs and Markings Division (phone number 871-8075),
to remove the sign. In case of regulatory signs, the Contractor must replace the permanent
sign with a temporary sign meeting the requirements of the above referred manual and
such temporary sign must be installed prior to the removal of the permanent sign. If the
temporaiy sign is not installed conectly or if it does not meet the required specifications,
the permanent sign shall be left in piace until the temporary sign requirements are met.
When construction work is completed to the extent that the permanent sign can be re-
installed, the Contractor shall again contact the Signs and Markings Division to re-install
the permanent sign and shall leave his temporary sign in place until such re-installation is
completed.
The Contractor will be held responsible foe all damage to the work or the public due to
failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever
evidence is found of such damage to the work the Engineer may order the damaged
portion immediately removed and replaced by the Contractor at the Contractor's own
expense. The Contractor's responsibility for the maintenance of barricades, signs, fences
and lights, and for providing watchmen shall not cease until the project shall have been
completed and accepted by the Owner.
No compensation, except as specifically provided in these Contract Documents, will be
paid to the Contractor for the Work and materials involved in the constructing, providing,
and maintaining of barricades, signs, fences, and lights or salaries of watchmen, for the
subsequent removal and disposal of such barricades, signs, or for any other incidentals
necessary for the proper protection, safety, and convenience of the public during the
contract period, as this work is considered to be subsidiary to the several items for which
unit or lump sum prices are requested in the Proposal.
C6-69 USE OF EXPLOSIVES DROP WEIGHT ETC • Should the Contractor elect to
use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be
exercised at all times so as not to endanger life or property. The Contractor shall notify
the proper representative of any pubiic service corporation, any company, individual, or
utility, and the Owner, not less than twenty-four hours in advance of the use of any
C6-6(4)
activity which might damage or endanger their or his property along or adjacent to the
work.
Where the use of explosives is to be permitted on the project, as specified in the Special
Conditions Documents, or the use of explosives is requested, the Contractor shall submit
notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish
evidence that he has insurance coverage to protect against any damages and/or injuries
arising out of such use of explosives.
C6-6.10 WORK WTI'HIN EASEMENTS: Where the work passes over, through, or into
private property, the Owner will provide such right-of-way ar easement privileges, as the
City may deem necessary for the prosecution of the work. Any additional rights-of-way or
work area considered necessary by the Contractor shall be provided by him at his
expense. Such additional rights-of-way or work area shall be acquired for the benefit of
the City. The City shall be notified in writing as to the rights so acquired before work
begins in the affected area. The Contractor shall not enter upon private property for any
purpose without having previously obtained permission from the owner of such property.
The Contractor will not be allowed to store equipment or material on private property
unless and until the specified approval of the property owner has been secured in writing
by the Contractor and a copy furnished to the Engineer. Unless specifically provided
otherwise, the Contractor shall clear all rights-of-way or easements of obstructions which
must be removed to make possible proper prosecution of the work as a part of the project
construction operations. The Contractor shall be responsible for the preservation of and
shall use every precaution to prevent damage to, all tress, shrubbery, plants, lawns,
fences, culverts, curbing, and all other types of structures or improvements, to all water,
sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof,
including the construction of temporary fences and to all other public or private property
adjacent to the work.
The Contractor shall notify the proper representatives of the owners or occupants of the
public or private lands of interest in lands which might be affected by the work. Such
notice shall be made at least 48 hours in advance of the beginning of the work. Notices
shall be applicable to both public and private utility companies or any corporation,
company, individual, or other, either as owners or occupants, whose land or interest in
land might be affected by the work. The Contractor shall be responsible for all damage or
injury to property of any character resulting from any act, omission, neglect, or
misconduct in the manner or method or execution of the work, or at any time due to
defective work, material, or equipment.
When and where any direct or indirect or injury is done to public or private property on
• account of any act, omission, neglect, or misconduct in the execution of the work, or in
consequence of non-execution thereof on the part of the Contractor, he shall restore or
have restored as his cost and expense such property to a condition at least equal to that
° existing before such damage or injury was done, by repairing, rebuilding, or otherwise
C6-6(5)
replacing and restoring as may be directed by the Owner, or he shall make good such
damages or injury in a manner acceptable to the owner of the property and the Engineer.
All fences encountered and removed during construction of this project shall be restored
to the original or a better than original condition upon completion of this project. When
wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set
cross brace posts on either side of the permanent easement before the fence is cut. Should
additional fence cuts be necessary, the Contractor shall provide cross-braced posts at the
point of the proposed cut in addition to the cross braced posts provided at the permanent
easements limits, before the fence is cut.
Temporaiy fencing shall be erected in place of the fencing removed whenever the work is
not in progress and when the site is vacated overnight, and/or at all times to prevent
livestock from entering the construction area. The cost far fence removal, temporary
closures and replacement shall be subsidiaiy to the various items bid in the project
proposal. Therefore, no separate payment shall be allowed for any service associated with
this work.
In case of failure on the part of the Contractor to restore such property or to make good
such damage or injury, the Owner may, upon 48 hour written notice under ordinary
circumstances, and without notice when a nuisance or hazardous condition results,
proceed to repair, rebuild, or otherwise restore such property as may be determined by the
Owner to be necessary, and the cost thereby will be deducted from any monies due to or
to become due to the Contractor under this contract.
C6.6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the
` parties hereto that the Contractor shall perform all work and services hereunder as an
independent contractor, and not as an officer, agent, servant, ar employee of the Owner.
Contractor shall have exclusive control of and exclusive right to control the details of all
` work and services performed hereunder, and all persons performing the same, and shall
be solely responsible for the acts and omissions of its officers, agents, sezvants,
employees, contractor, subcontractors, licensees and invitees. The doctrine of respondeat
superior shall not apply as between Owner and Contractor, its officers, agents, employees,
contractors and subcontractors, and nothing herein shall be construed as creating a
partnership or joint enterprise between Owner and Contractor.
C6-6.12 CONTRACTOR'S RESPONSIBII.ITY FOR DAMAGE CLAIMS: Contractor
covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its
officers, agents, servants, and employees from and against any and all claims or suits for
property damage or loss and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of or in connection
with, directly or indirectly, the work and services to be pei�formed hereunder by the
Contractor, its officers, agents, employees, contractors, subcontractors, licensees or
invitees, whether or not caused, in whole or in apart, by alleged negligence on the part of
officers, agents, employees, contractors, subcontractors, licensees or invitees of the
C6-6(6)
Owner; and said Contractor does hereby covenant and agree to assume all liability and
responsibility of Owner, its officers, agents, servants, and employees for property damage
or loss, and/or personal injuries, including death, to any and all person of whatsoever kind
or character, whether real or asserted, arising out of or in connection with, directly or
indirectly, the work and services to be performed hereunder by the Contractor, its
'; officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or
not caused, in whole or in apart, by alleged negligence of officers, agents, employees,
contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise
covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and
against any and all injuries, loss or damages to property of the Owner during the
performance of any of the terms and conditions of this Contract, whether arising out of or
in connection with or resulting from, in whole or in apart, any and all aileged acts of
omission of officers, agents, employees, contractors, subcontractors, licensees, or invitees
of the Owner.
In the event a written claim for damages against the contractor or its subcontractors
remains unsettled at the time all work on the project has been completed to the
satisfaction of the Director of the Water Department, as evidenced by a final inspection,
final payment to the Contractor shall not be recommended to the Director of the Water
Department for a period of 30 days after the date of such final inspection, unless the
Contractor shall submit written evidence satisfactory to the Director that the claim has
been settled and a release has been obtained from the claimant involved.
If the claims concerned remains unsettled as of the expiration of the above 30-day period,
the Contractor may be deemed to be entitled to a semi-final payment for work completed,
such semi-final payment to be in the amount equal to the total dollar amount then due less
the dollar value of any written claims pending against the Contractor arising out of
performance of such work, and such semi-final payment may then be recommended by
the Director.
The Director shall not recommend final payment to a Contractor against whom such a
claim for damages is outstanding for a period of six months following the date of the
acceptance of the work performed unless the Contractor submits evidence in writing
satisfactory tot he Director that:
1. The claim has been settled and a release has been obtained from the
claimant involved, or
2. Good faith efforts have been made to settle such outstanding claims, and
such good faith efforts have failed.
If condition (1) above is met at any time within the six month period, the Director shall
recommend that the final payment to the Contractor be made. If condition (2) above is
met at any time within the six month period, the Director may recommend that final
payment to the Contractor be made. At the expiration of the six month period, the
C6-6(7)
Director may recommend that final payment be made if ail other work has been
performed and all other obligations of the Contractor have been met to the satisfaction of
� the Director.
The Director may, if he deems it appropriate, refuse to accept bids on other Water
>. Department Contract work from a Contractor against whom a claim for damages is
:;,
outstanding as a result of work performed under a City Contract.
C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim
compensation foe any alleged damage by i•eason of the acts or omissions of the Owner, he
shall within three days after the actual sustaining of such alleged damage, make a written
statement to the Engineer, setting out in detail the nature of the alleged damage, and on or
before the 25`h day of the month succeeding that in which ant such damage is claimed to
have been sustained, the Contractor shall file with the Engineer an itemized statement of
the details and the amount of such alleged damage and, upon request, shall give the
Engineer access to all books of account, receipts, vouchers, bills of lading, and other
books or papers containing any evidence as to the amount of such alleged damage. Unless
such statements shall be filed as hereinabove required, the Contractor's claim for
compensation shall be waived, and he shall not be entitled to payment on account of such
damages.
C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES ETC • In case
it is necessary to change, move, or alter in any manner the property of a public utility or
"' others, the said property shall not be moved or interfered with until orders thereupon have
been issued by the Engineer. The right is reserved to the owners of public utilities to enter
the geographical limits of the Contract for the purpose of making such changes or repairs
' to the property that may be necessary by the performance of this Contract.
C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing
sewer lines have to be taken up or removed, the Contractor shall, at his own expense and
cost, provide and maintain temporary outlets and connections for all private or public
drains and sewers. The Contractor shall also take care of all sewage and drainage which
will be received from these drains and sewers, and for this purpose he shall provide and
maintain, at his own cost and expense, adequate pumping facilities and temporary outlets
or divisions.
The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other
structures necessaiy, and be prepared at all times to dispose of drainage and sewage
received from these temporary connections until such times as the permanent connections
are built and are in service. The existing sewers and connections shall be kept in seivice
and maintained under the Contract, except when specified or ordered to be abandoned by
the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory
manner so that no nuisance is created and so that the wark under construction will be
adequately protected.
C6-6(8)
C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE
CTI'Y: When the Contractor desires to use City water in connection with any construction
work, he shall make complete and satisfactory arrangements with the Fort Worth City
Water Department for so doing.
City water furnished to the Contractor shall be delivered to the Contractor from a
connection on an existing City main. All piping required beyond the point of delivery
shall be installed by the Contractor at his own expense.
The Contractor's responsibility in the use of all existing fire hydrant and/or valves is
detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General
Contract Documents.
When meters are used to measure the water, the charges, if any, for water will be made at
the regular established rates. When meters are not used, the charges, if any, will be as
prescribed by the City ordinance, or where no ordinances applies, payment shall be made
on estimates and rates established by the Director of the Fort Worth Water Department.
C 6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the
opinion of the Engineer, any section or portion of the work or any structure is in suitable
condition, it may be put into use upon the written notice of the Engineer, and such usage
shall not be held to be in any way an acceptance of said work or structure or any part
thereof or as a waiver of any of the provisions of these Contract Documents. All
necessaiy repairs and removals of any section of the work so put into use, due to defective
materials or workmanship, equipment, or deficient operations on the part of the
Contractor, shall be performed by the Contractor at his expense.
C6-6.18 CONTRACTOR'S RESPONSIBILTTY FOR THE WORK: Until written
acceptance by the Owner as provided for in these Contract Documents, the work shall be
under the charge and care of the Contractor, and he shall take every necessary precaution
to prevent injury or damage to the work or any part thereof by action of the elements or
from any cause whatsoever, whether arising from the execution or nonexecution of the
work. The Contractor shall rebuild, repair, restore, and make good at his own expense all
injuries or damage to any portion of the work occasioned by any of the hereinabove
causes.
C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any
order by the Owner by payment of money ar any payment for or acceptance of any work,
or any extension of time, or any possession taken by the City shall not operate as a waiver
of any provision of the Contract Documents. Any waiver of any breach or Contract shall
not be held to be a waiver of any other or subsequent breach.
The Owner reseives the right to cozrect any error that may be discovered in any estimate
that may have been paid and to adjust the same to meet the requirements of the Contract
Documents.
C6-6(9)
C6-6.20 PERSONAL LIABILTTY OF PUBLIC OFFICIALS: In carrying out the
provisions of these Contract Documents or in exercising any power of authority granted
thereunder, there shall be no liability upon the authorized representative of the Owner,
either personally or other wise as they are agents and representatives of the City.
C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth,
and organization which qualifies for exemption pursuant the provisions of Article 20.04
(H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor may purchase,
rent or lease all materials, supplies and equipment used or consumed in the performance
of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said
exemption certificate to comply with State Comptroller's Ruling .007. Any such
exemption certificate issued to the Contractor in lieu of the tax shall be subject to and
shall comply with the provision of State Comptroller's Ruling .011, and any other
applicable State Comptroller's rulings pertaining to the Texas Limited Sales, Excise, and
Use Tax Act.
On a contract awarded by a developer for the construction of a publicly-owner
improvement in a street right-of-way or other easement which has been dedicated to the
public and the City of Fort Worth, an organization which qualifies for exemption
pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use
Tax Act, the Contractor can probably be exempted in the same manner stated above.
Texas Limited Sales, Excise, and Use T� Act permits and information can be obtained
from:
Comptroller of Public Accounts
Sales Tax Division
Capitoi Station
Austin, TX
C6-6(10)
PART C - GENERAL CONDITIONS
C7-7 PROSECUTION AND PROGRESS
SECTION C7-7 PROSECUTION AND PROGRESS:
C7-7.1 SUBLETTING: The Contractor shall perform with his own organization,
and with the assistance of workmen under his immediate superintendance, work of a
value of not less than fifty (50%) percent of the value embraced on the contract. If the
Contractor sublets any part of the work to be done under these Contract Documents, he
will not under any circumstances be relieved of the responsibility and obligation assumed
under these Contract Documents. All transactions of the Engineer will be with the
Contractor. Subcontractors will be considered only in the capacity of employees or
workmen of the Contractor and shall be subject tot he same requirements as to character
and competency. The Owner will not recognize any subcontractor on the work. The
Contractor shall at all times, when the work is in operation, be represented either in
person or by a superintendent or other designated representatives.
C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer,
sublet, or otherwise dispose of the contract or his rights, title, or interest in or to the same
or any part thereof without the previous consent of the Owner expressed by resolution of
the City Council and concurred in by the Sureties.
If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or
otherwise dispose of the contract or his right, title, or interest therein or any part thereof,
to any person or persons, partnership, company, firm, or corporation, or does by
bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any
states, attempt to dispose of the contract may, at the option of the Owner be revoked and
annulled, unless the Sureties shall successfully complete said contract, and in the event of
any such revocation or annulment, any monies due or to become due under or by virtue of
said contract shall be retained by the Owner as liquidated damages for the reason that it
would be impracticable and extremely difficult to fix the actual damages.
C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction
operations, the Contractor shall submit to the Engineer in five or more copies, if
requested by the Engineer, a progress schedule preferably in chart or diagram form, or a
brief outlining in detail and step by step the manner of prosecuting the work and ordering
materials and equipment which he expects to follow in order to complete the project in
the scheduled time. There shall be submitted a table of estimated amounts to be eazned by
the Contractor during each monthly estimate period.
The Contractor shall commence the work to be performed under this contract within the
time limit stated in these Contract Documents and shall conduct the work in a continuous
manner and with sufficient equipment, materials, and labor as is necessary to insure its
r completion within the time limit.
C7-7(1)
The sequence requested of all construction operations shall be at all times as specified in
the Special Contract Documents. Any Deviation from such sequencing shall be submitted
to the Engineer for his approval. Contractor shall not proceed with any deviation until he
has received written approval from the Engineer. Such specification or approval by the
Engineer shall not relieve the Contractor from full responsibility of the complete
performance of the Contract.
The contract time may be changed only as set forth in Section C7-7.8 EXTENSION OF
TIME OF COMPLETION of this Agreement, and a progress schedule shall not constitute
a change in the contract time.
C7-7.4 LIMITATION OF OPERATIONS: The working operations shall at all
times be conducted by the Contractor so as to create a minimum amount of inconvenience
to the public. At any time when, in the judgment of the Engineer, the Contractor has
obstructed or closed or is carrying on operations in a portion of a street or public way
greater than is necessary for proper execution of the work, the Engineer may require the
Contractor to finish the section on which operations are in progress before the work is
commenced on any additional section or street.
C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be
used by the Contractor when it is available. The Contractor may bring from outside the
City of Fort Worth his key men and his superintendent. All other workmen, including
equipment operators, may be imported only after the local supply is exhausted. The
Contractor shall employ only such superintendents, foremen, and workmen who are
careful, competent, and fully qualified to perform the duties and tasks assigned to them,
and the Engineer may demand and secure the summary dismissal of any person or persons
employed by the Contractor in or about or on the work who, in the opinion of the Owner,
shall misconduct himself or to be found to be incompetent, disrespectful, intemperate,
dishonest, or otherwise objectionable or neglectful in the proper performance of his or
their duties, or who neglect or refuses to comply with or carry out the direction of the
owner, and such person or persons shall not be employed again thereon without written
consent of the Engineer.
All workmen shall have sufficient skill, ability, and experience to properly perform the
work assigned to them and operate any equipment necessary to properly carry out the
pei�formance of the assigned duties.
The Contractor shall furnish and maintain on the work all such equipment as is
considered to be necessary for the prosecution of the work in an acceptable manner and at
a satisfactory rate of progress. All equipment, tools, and machinery used for handling
materials and executing any part of the work shall be subject to the approval of the
Engineer and shall be maintained in a satisfactory, safe and efficient working condition.
Equipment on any portion of the work shall be such that no injury to the wark. Workmen
or adjacent property will result from its use.
C7-7(2)
C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting
� with the first day of the work completed as defined in C1-1.23 "WORKING DAYS" or
�
the date stipulated in the "WORK ORDER" for beginning work, whichever comes first.
� Nothing in these Contract Documents shall be construed as prohibiting the Contractor
` from working on Saturday, Sunday or Legal Holidays, providing that the following
,, requirements are met:
a. A request to work on a specific Saturday, Sunday or Legal Holiday must
be made to the Engineer no later that the preceding Thursday.
b. Any work to be done on the project on such a specific Saturday, Sunday or
Legal Holiday must be, in the opinion of the Engineer, essential to the
timely completion of the project.
The Engineer's decision shall be final in response to such a request for approval to work
on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be
ailowed to the Contractor for any work performed on such a specific Saturday, Sunday or
Legal Holiday.
Calendar Days shall be defined in C 1-1.24 and the Contractor may work as he so desires.
C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall
commence the working operations within the time specified in the Contract Documents
and set forth in the Work Order. Failure to do so shall be considered by the owner as
abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit.
The Contractor shall maintain a rate of progress such as will insure that the whole work
will be performed and the premises cleaned up in accordance with the Contraci
Documents and within the time established in such documents and such extension of time
as may be properly authorized.
C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an
extension of time of completion shall be considered only when the request for such
extension is submitted in writing to the Engineer within seven days from and after the
time alleged cause of delay shall occurred. Should an extension of the time of completion
be requested such request will be forwarded to the City Council for approval.
In adjusting the contract time for completion of work, consideration will be given to
unforeseen causes beyond the control of and without the fault or negligence of the
Contractor, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, embargoes,
or delays of sub-contractors due to such causes.
C7-7(3)
When the date of completion is based on a calendar day bid, a request for extension of
time because of inclement weather will not be considered. A request for extension of time
K due to inability to obtain supplies and materials will be considered only when a review of
the Contractor's purchase order dates and other pertinent data as requested by the
Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on
schedule. This shall include efforts to obtain the supplies and materials from alternate
` sources in case the first source cannot make delivery.
If satisfactozy execution and completion of the contract should require work and materials
in greater amounts or quantities than those set forth in the approved Contract Documents,
then the contract time mat be increased by Change Order.
C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or
hindrances to the work, except when direct and unavoidable extra cost to the Contractor
is caused by the failure of the City to provide information or material, if any, which is to
be furnished by the City. When such extra compensation is claimed, a written statement
thereof shall be presented by the Contractor to the Engineei• and if by the Engineer found
correct, shall be approved and referred by the Engineer to the City Council for final
approval or disapproval; and the action thereon by the City Council shall be final and
binding. If delay is caused by specific orders given by the Engineer to stop work, or by
the performance of extra work, or by the failure of the City to provide material or
necessary instructions for carrying on the work, then such delay will entitle the Contractor
to an equivalent extension of time, his application for shali, however, be subject to the
approval of the City Council: and no such extension of time shall release the Contractor
or the surety on his pei-formance bond from all his obligations hereunder which shall
remain in full force until the discharge of the contract.
C7-7.10 TIME OF COMPLETION: The time of completion is an essential
element of the Contract. Each bidder shall indicate in the appropriate place on the last
page of the proposal, the number of working days or calendar days that he will require to
fully complete this contract or the time of completion will be specified by the City in the
proposal section of the Contract Documents.
The number of days indicated shall be a realistic estimate of the time required to complete
the work covered by the specific contract being bid upon. The amount of time so stated
by the successful bidder or the City will become the time of completion specified in the
Contract Documents.
For each calendar day that any work shall remain uncompleted after the time specified in
the Contract Documents, or increased time granted by the Owner, or as automatically
increased by additional work or materials ordered after the contract is signed, the sum per
day given in the following schedule, unless otherwise specified in other parts of the
Contract Documents, will be deducted from the monies due the Contractor, not as a
penalty, but as liquidated damages suffered by the Owner.
C7-7(4)
AMOUNT OF CONTRACT
Less than
$ 5,001 to
$ 15,001 to
$ 25,001 to
$ 50,001 to
$ 100,001 to
$ 500,001 to
$ 1,000,001 to
$ 2,000,000 and over
$ 5,000
$ 15,000
$ 25,000
$ 50,000
$ 100,000
$ 500,000
$ 1,000,000
$ 2,000,000
inclusive
inclusive
inclusive
inclusive
inclusive
inclusive
inclusive
inclusive
AMOUNT OF
LIQUIDATED
DAMAGES
PER DAY
35.00
45.00
63.00
105.00
154.00
210.00
315.00
420.00
630.00
The parties hereto understand and agree that any harm to the City caused by the
Contractor's delay in completing the work hereunder in the time specified by the Contract
Documents would be incapable or very difficult to calculate due to lack of accurate
information, and that the "Amount of Liquidated Damages Per Day", as set out above, is
a reasonable forecast of just compensation due the City for harm caused by any delay.
C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend
operations on such part or parts of the work ordered by any court, and will not be entitled
to additional compensation by virtue of such court order. Neither will he be liable to the
City in the vent the work is suspended by a Court Order. Neither will the Owner be liable
to the Contractor by virtue of any Court Order or action for which the Owner is not solely
' responsible.
C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend
the work operation wholly or in part for such period or periods of time as he may deem
necessary due to unsuitable weather conditions or any other unsuitable conditions which
in the opinion of the Owner or Engineer cause further prosecution of the work to be
unsatisfactory or detrimental to the interest of the project. During temporary suspension
of the work covered by this contract, for any reason, the Owner will make no extra
payment for stand-by time of construction equipment andlor construction crews.
If it should become necessary to suspend work for an indefinite period, the Contractor
shall store all materials in such manner that they will not obstruct or impede the public
unnecessarily nor become damaged in any way, and he shall take every precaution to
prevent damage ar• deterioration of the work pei�foi�rned; he shall provide suitable drainage
about the work, and erect temporary structures where necessaiy.
Should the Contractor not be able to complete a portion of the project due to causes
beyond the control of and without the fault or negligence of the Contractor as set farth in
Paragraph C7-7.8 EXTENSION OF THETIME OF COMPLETION, and should it be
C7-7(5)
determined by mutual consent of the Contractor and the Engineer that a solution to allow
construction to proceed is not available within a reasonable period of time, then the
Contractor may be reimbursed for the cost of moving his equipment off the job and
returning the necessaiy equipment to the job when it is determined by the Engineer that
construction may be resumed. Such reimbursement shall be based on actual cost to the
Contractor of moving the equipment and no profit will be allowed.
No reimbursement shall be ailowed if the equipment is moved to another construction
project for the City of Fort Worth.
The Contractor shall not suspend work without written notice from the Engineer and shall
proceed with the work operations promptly when notified by the Engineer to so resume
operations.
C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY:
Whenever, because of National Emergency, so declared by the president of the United
States or other lawful authority, it becomes impossible far the Contractor to obtain all of
the necessary labor, materials, and equipment for the prosecution of the work with
reasonable continuity for a period of two months, the Contractor shall within seven days
notify the City in writing, giving a detailed statement of the efforts which have been made
and listing all necessary items of labor, materials, and equipment not obtainable. If, after
investigations, the owner finds that such conditions existing and that the inability of the
Contractor to proceed is not attributable in whole or in part to the fault or neglect of the
Contractor, than if the Owner cannot after reasonable effort assist the Contractor in
procuring and making available the necessary labor, materials, and equipment within
thirty days, the Contractar my request the owner to terminate the contract and the owner
may comply with the request, and the termination shall be conditioned and based upon a
final settlement mutually acceptable to both the Owner and the Contractor and final
payment shall be made in accordance with the terms of the agreed settlement, which shall
include. But not be limited to the payment for all work executed but not anticipated
profits on work which has not been performed.
C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT
OF THE CONTRACT: The work operations on all or any portion or section of the
work under Contract shall be suspended immediately on written order of the Engineer or
the Contract may be declared canceled by the City Council for any good and sufficient
cause. The following, by way of example, but not of limitation, may be considered
grounds for suspension or cancellation:
a. Failure of the Contractor to commence work operations within the time
specified in the Work Order issued by the Owner.
b. Substantial evidence that progress of the work operations by the
Contractor is insufficient to complete the work within the specified time.
C7-7(6)
• c. Failure of the Contractor to provide and maintain sufficient labor and
equipment to properly execute the working operations.
d. Substantial evidence that the Contractor has abandoned the work.
e. Substantial evidence that the Contractor has become insolvent or bankrupt,
or otherwise financially unable to carry on the work satisfactorily.
f. Failure on the part of the Contractor to obseive any requirements of the
Contract Documents or to comply with any orders given by the Engineer
or Owner provided for in these Contract Documents.
g. Failure of the Contractor promptly to make good any defect in materials or
workmanship, or any defects of any nature the correction of which has
been directed in writing by the Engineer or the Owner.
h. Substantial evidence of collusion for the purpose of illegally procuring a
contract or perpetrating fraud on the City in the consti-uction of work under
contract.
i. A substantial indication that the Contractor has made an unauthorized
assignment of the contract or any funds due therefrom for the benefit of
any creditor or for any other purpose.
j. If the Contractor shall for any cause whatsoever not carry on the working
operation in an acceptable manner.
k. If the Contractor commences legal action against the Owner.
A Copy of the suspension order or action of the City Council shall be seived on the
Contractor's Sureties. When work is suspended for any cause or causes, or when the
contract is canceled, the Contractor shall discontinue the work or such part thereof as the
owner shall designate, whereupon the Sureties may, at their option, assume the contract
or that portion thereof which the Owner has ordered the Contractor to discontinue, and
may perform the same or may, with written consent of the owner, sublet the work or that
portion of the work as taken over, provided however, that the Sureties shall exercise their
option, if at all, within two weeks after the written notice to discontinue the work has
been served upon the Contractor and upon the Sureties or their authorized agents. The
Sureties, in such event shall assume the Contractor's place in ali respects, and shall be
paid by the Owner for all work performed by them in accordance with the terms of the
Contract Documents. All monies remaining due the Contractor at the time of this default
shall thereupon become due and payable to the Sureties as the work progresses, subject to
all of the terms of the Contract Documents.
C7-7(7)
In case the Sureties do not, within the hereinabove specified time, exercise their right and
option to assume the contract responsibilities, or that portion thereof which the Owner
has ordered the Contractor to discontinue, then the Owner shall have the power to
complete, by contract or otherwise, as it may determine, the work herein described or
such work thereof as it may deem necessary, and the Contractor hereto agrees that the
Owner shail have the right to take possession of and use any materials, plants, tools,
' equipment, supplies, and property of any kind provided by the Contractor for the purpose
of cat-rying on the work and to procure other tools, equipment, materials, labor and
property for the completion of the work, and to charge to the account of the Contractor of
said contract expense for labor, materials, tools, equipment, and all expenses incidental
thereto. The expense so charged shall be deducted by the owner from such monies as may
be due or may become due at any time thereafter to the Contractor under and by virtue of
the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid
for the work completing the contract, but the expense to be deducted shall be the actual
cost of the owner of such work
In case such expenses shall exceed the amount which would have been payable under the
Contract if the same had been completed by the Contract, then the Contractor and his
Sureties shall pay the amount of such excess to the City on notice from the Owner of the
excess due. When any particular part of the work is being carried on by the Owner by
contract or otherwise under the provisions of this section, the Contractor shall continue
the remainder of the work in conformity with the terms of the Contract Documents and in
such a manner as to not hinder or interfere with the performance of the work by the
Owner.
C7-7.15 FLJLFILLMENT OF CONTRACT: The Contract will be considered as having
been fulfilled, save as provided in any bond or bonds or by law, when all the work and all
sections or parts of the project covered by the Contract Documents have been finished
and completed, the final inspection made by the Engineer, and the final acceptance and
` final payment made by the Owner.
C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER:
The performance of the work under this contract may be terminated by the Owner in
whole, or from time to time in part, in accordance with this section, whenever the Owner
shall determine that such termination is in the best interest of the Owner.
A. NOTICE OF TERMINATION: Any Termination shall be effected by
mailing a notice of the termination to the Contractor specifying the extent
to which performance of wark under the contract is terminated, and the
date upon which such termination becomes effective. Receipt of the notice
shall be deemed conclusively presumed and established when the letter is
placed in the United States Postal Service Mail by the Owner. Further, it
shall be deemed conclusively presumed and established that such
termination is made with just cause as therein stated; and no proof in any
C7-7(8)
claim, demand or suit shall be required of the Owner regarding such
discretionary action
B. CONTRACTOR ACTION: After receipt of a notice of termination,
and except as otherwise directed by the Engineer, the Contractor shall:
1. Stop work under the contract on the date and to the extent
specified in the notice of termination;
2. place no further orders or subcontracts for materials,
services or facilities except as may be necessary for
completion of such portion of the work under the contract
as is not terminated;
3. terminate all orders and subcontracts to the extent that they
relate to the performance of the work terminated by notice
of termination;
4. transfer title to the Owner and deliver in the manner, at the
times, and to the extent, if any, directed by the Engineer:
a. the fabricated or unfabricated parts, work in
progress, completed work, supplies and other
material produced as a part of, or acquired in
connection with the performance of, the work
terminated by the notice of the termination; and
b. The completed, or partially completed plans,
drawings, information and other property which, if
the contract had been completed, would have been
required to be furnished to the Owner.
5. complete performance of such work as shall not have been
terminated by the notice of termination; and
6. Take such action as may be necessary, or as the Engineer
may direct, for the protection and presetvation of the
property related to its contract which is in the possession of
the Contractor and in which the owner has or may acquire
the rest.
At a time not later than 30 days after the termination date specified in the
notice of termination, the Contractor may submit to the Engineer a list,
certified as to quantity and quality, of any or all items of termination
inventory not previously disposed of, exclusive of items the disposition of
C7-7(9)
which has been directed or authorized by Engineer, Not later than 15 days
thereafter, the owner shail accept title to such items provided, that the list
submitted shall be subject to verification by the Engineer upon removal of
the items or, if the items are stored, within 45 days from the date of
submission of the list, and any necessary adjustments to correct the list as
submitted, shall be made prior to final settlement.
C. TERMINATION CLAIM: Within 60 days after the notice of
termination, the Contractor shall submit his termination claim to the
Engineer in the form and with the certification prescribed by the Engineer.
Unless one or more extensions in writing are granted by the Owner upon
request of the Contractor, made in writing within such 60-day period or
authorized extension thereof, any and all such claims shall be conclusively
deemed waived.
D. AMOUNTS: Subject to the provisions of Item C7-7.1(C), the
Contractor and the Owner may agree upon the whole or any part of the
amount or amounts to be paid to the Contractor by reason of the total or
partial termination of the work pursuant hereto; provided, that such agreed
amount or amounts shall never exceed the total contract price reduced by
the amount of payments otherwise made and as further reduced by the
contract price work not terminated. The contract shall be amended
accordingly, and the Contractor shall be paid the agreed amount. No
amount shall be due for lost or anticipated profits> Nothing in C7-7.16(E)
hereafter, prescribing the amount to be paid to the Contractor by reason of
the termination of work pursuant to this section, shall be deemed to limit,
restrict or otherwise determine or affect the amount or amounts which may
be agreed upon to be paid to the Contractor pursuant to this paragraph.
E. FAILURE TO AGREE: In the event of the failure of the Contractor
and the Owner to agree as provided in C7-7.16(D) upon the whole amount
to be paid to the Contractor by reason of the termination of the work
pursuant to this section, the Owner shall determine, on the basis of
information available to it, the amount, if any, due to the Contractor by
reason of the termination and shall pay to the Contractor the amounts
determined. No amount shall be due for lost or anticipated profits.
F. DEDUCTIONS: In arriving at the amount due the Contractor under
this section there shall be deducted;
1. all unliquidated advance or other payments on account
theretofore made to the Contractor, applicable to the
terminated portion of this contract;
C7-7(10)
2. any claim which the Owner may have against the
Contractor in connection with this contract; and
3. the agreed price for, or the proceeds of the sale of, any
materials, supplies or other things kept by the Contractor or
sold, pursuant to the provisions of this clause, and not
otherwise recovered by or credited to the Owner.
G. ADJUSTMENT: If the termination hereunder be partiai, prior to the
settlement of the terminated portion of this contract, the Contractor may
file with the Engineer a request in writing for an equitable adjustment of
the price or prices specified in the contract relating to the continued
portion of the contract (the portion not terminated by notice of
termination), such equitable adjustment as may be agreed upon shall be
made in such price or pi-ices; noting contained herein, however, shali limit
the right of the owner and the Contractor to agree upon the amount or
amounts to be paid tot he Contractor for the completion of the continued
portion of the contract when said contract does not contain an established
contract price for such continued portion.
H. NO LIMITATION OF RIGHTS: Noting contained in this section shall
limit or alter the rights which the Owner may have for termination of this
contract under C7-7.14 hereof entitled "SUSPENSION OR
ABANDONMENT OF THE WORK AND ANNULMENT OF
CONTRACT" or any other right which the Owner may have for default or
breach of contract by Contractor.
C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be
responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the work at all times and shall assume all responsibilities for
their enforcement.
The Contractor shall comply with federal, state, and local laws, ordinances, and
regulations so as to protect person and property from injury, includitig death, or damage
in connection with the work.
C7-7(11)
PART C - GENERAL CONDITIONS
C8-8 MEASUREMENT AND PAYMENT
SECTION C8-8 MEASUREMENT AND PAYMENT
C8-8.1 MEASUREMENT OF QUANTTI'IES: The determination of quantities of
work performed by the Contractor and authorized by the Contract Documents acceptably
completed under the terms of the Contract Documents shall be made by the Engineer,
based on measurements made by the Engineer. These measurements will be made
according to the United States Standard Measurements used in common practice, and will
be the actual length, area, solid contents, numbers, and weights of the materials and item
installed.
C8-8.2 UNTT PRICES: When in the Proposal a"Unit Price" is set forth, the said
"Unit Price" shall include the furnishing by the Contractor of all labor, tools, materials,
machinery, equipment, appliances and appurtenances necessary for the construction of
and the completion in a manner acceptable to the Engineer of all work to be done under
these Contract Documents.
The "Unit Price" shall include all permanent and temporary protection of overhead,
surface, and underground structures, cleanup, finishing costs, overhead expense, bond,
insurance, patent fees, royalties, risk due to the elements and other clauses, delays,
profits, injuries, damages claims, taYes, and all other items not specifically mentioned that
may be required to fully construct each item of the work complete in place and in a
satisfactory condition for operation.
C8-8.3 LUMP SUM: When in the Proposal a"Lump Sum" is set forth, the said
"Lump Sum" shall represent the total cosi for the Contractor to furnish all labor, tools,
` materials, machinery, equipment, appurtenances, and all subsidiary work necessary for
the construction and completion of all the work to provide a complete and functional item
as detailed in the Special Contract Documents and/or Plans.
C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the
compensation as herein provided, in full payment for furnishing all labor, tools, materials,
and incidentals for performing all work contemplated and embraced under these Contract
Documents, for all loss and damage arising out of the nature of the work or from the
action of the elements, for any unforeseen defects or obstructions which may arise or be
encountered during the prosecution which may arise or be encountered during the
prosecution of the work at any time before its final acceptance by the Owner, (except as
provided in paragraph CS-5.14) for all risks of whatever description connected with the
prosecution of the work, for all expenses incurred by or in consequence of the suspension
or discontinuance of such prosecution of the working operations as herein specified, or
any and all infringements of patents, trademarks, copyrights, or other legal reservations,
C8-8(1)
. and for completing the work in an acceptable manner according to the terms of the
Contract Documents.
The payment of any current or partial estimate prior to the final acceptance of the work by
the Owner shall in no way constitute an acknowledgment of the acceptance of the work,
materials, or equipment, nor in any way prejudice or affect the obligations of the
Contractor to repair, correct, renew, or replace at his own and proper expense any defects
or imperfections in the construction or in the strength or quality of the material used or
equipment or machinery furnished in or about the construction of the work under contract
and its appurtenances, or any damage due or attributed to such defects, which defects,
imperfections, or damage shall have been discovered on or before the final inspection and
acceptance of the work or during the one year guaranty period after the final acceptance.
The Owner shall be the sole judge of such defects, imperfections, or damage, and the
Contractor shall be liable to the Owner for failure to correct the same as provided herein.
C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the ls` and the Stn
day of each month, the Contractor shall submit to the Engineer a statement showing an
estimate of the value of the work done during the previous month, or estimate period
under the Contract Documents. Not later than the lOth day of the month, the Engineer
shall verify such estimate, and if it is found to be acceptable and the value of the work
performed since the last partial payment was made exceeds one hundred dollars ($100.00)
inn amount, 90% of such estimated sum will be paid to the Contractor if the total contract
amount is less than $400,000.00, or 95% of such estimated sum will be paid to the
Contractor if the total contract amount is $400,000.00 or greater, within twenty-five (25)
days after the regular estimate period. The City will have the option of preparing
estimates on forms furnished by the City. The pat�tial estimates may include acceptable
nonperishable materials delivered to the woi•k which are to be incorporated into the work
as a permanent part thereof, but which at the time of the estimate have not been installed
(such payment will be allowed on a basis of 85% of the net invoice value thereo�. The
Contractor shall furnish the Engineer such infortnation as he may request to aid him as a
guide in the verification or the preparation of partial estimates.
It is understood that partial estimates from month to month will be approximate only, all
partial monthly estimates and payment will be subject to correction in the estimate
rendered following the discovery of an error in any previous estimate, and such estimate
shall not, in any respect, be taken as an admission of the Owner of the amount of work
done or of its quantity of sufficiency, or as an acceptance of the work done or the release
of the Contractor of any of his responsibilities under the Contract Documents.
The City reserves the right to withhold the payment of any monthly estimate if the
Contractor fails to perform the work strictly in accardance with the specifications or
provisions of this Contract.
C8-8(2)
C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may
be held in abeyance if the performance of the construction operations is not in accordance
with the requirements of the Contract Documents.
C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by
� the Contract Documents shali have been completed and all requirements of the Contract
`' ' Documents shall have been fulfilled on the part of the Contractor, the Contractor shall
r notify the Engineer in writing that the improvements are ready for final inspection. The
Engineer shall notify the appropriate officials of the Owner, will within a reasonable time
make such final inspection, and if the work is satisfactory, in an acceptable condition, and
has been completed in accordance with the terms of the Contract Documents and all
approved modifications thereof, the Engineer will initiate the processing of the final
estimate and recommend final acceptance of the project and final payment thereof as
outlines in paragraph C8-8.8 below.
C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the
Contract Documents and all approved modifications thereof shall have been completed
and all requirements of the Contract Documents have been fulfilled on the part of the
Contractor, a final estimate showing the value of the work will be prepared by the
Engineer as soon as the necessary measurements, computations, and checks can be made.
All prior estimates upon which payment has been made are subject to necessary
cor�ections or revisions in the final payment.
The amount of the final estimate, less previous payments and any sums that have been
deducted or retained under the provisions of the Contract Documents, will be paid to the
Contractor within 60 days after the final acceptance by the Owner on a proper resolution
of the City Council, provided the Contractor has furnished to the owner satisfactoiy
evidence of compliance as follows: Prior to submission of the final estimate for payment,
the Contractor shall execute an affidavit as furnished by the City, certifying that;
A. all persons, fii�ns, associations, corporations, or other organizations
furnishing labor and/or materials have been paid in full,
B. that the wage scale established by the City Council in the City of Fort
Worth has been paid, and
C. that there are no claims pending for personal injury and/or property
damages.
The acceptance by the Contractor of the last or final payment as aforesaid shall operate as
and shall release the owner from all claims or liabilities under the Contract for anything
done or furnished or relating to the work under the Contract Documents or any act or
neglect of said City relating to or connected with the Contract.
C8-8(3)
- The making of the final payment by the Owner shall not relieve the Contractor of any
guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it
has employed competent engineers and designers to prepare the Contract Documents and
all modifications of the approved Contract Documents. It is, therefore, agreed that the
Owner shall be responsible for the adequacy of its own design features, sufficiency of the
Contract Documents, the safety of the structure, and the practicability of the operations of
the completed project, provided the Contractor has complied with the requirements of the
said Contract Documents, all approved modifications thereof, and additions and
alterations thereof approved in writing by the Owner. The burden of proof of such
compliance shall be upon the Contractor to show that he has complied with the Contract
Documents, approved modifications thereof, and all alterations thereof.
C8-8.10 GENERAL GUARANTY: Neither the final certificate of payment nor
any provision in the Contract Documents nor pat�ial or entire occupancy or use of the
premises by the Owner shall constitute an acceptance of the work not done in accordance
with the Contract Documents or relieve the Contractor of liability in respect to any
express wai7-anties or responsibility for faulty materials or workmanship. The Contractor
shall remedy any defects or damages in the wark and pay for any damage to the other
work resulting therefrom which shall appear within a period of one year from the date of
final acceptance of the work unless a longer period is specified and shall furnish a good
and sufficient maintenance bond in the amount of 100 percent of the amount of the
contract which shall assure the performance of the general guaranty as above outlined.
The Owner will give notice of observed defects with reasonable promptness.
C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by
documentary requirements for the project, such as conditions imposed by the Plans, the
General Contract Documents or these Special Contract Documents, in which no specific
item for bid has been provided for in the Proposal, shall be considered as a subsidiary
item of work, the cost of which shall be included in the price bid in the Proposal, for each
bid item. Surface restoration, rock excavation and cleanup are general items of work
which fall in the categoiy of subsidiary work.
C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be
allocated under various bid items in the Proposal to establish unit prices for
miscellaneous placement of material. These materials shall be used only when directed by
the Engineer, depending on field conditions. Payment for miscellaneous placement of
material will be made for only that amount of material used, measured to the nearest one-
tenth unit. Payment for miscellaneous placement of material shall be in accordance with
the General Contract Documents regardless of the actual amount used for the Project.
C8-8.13 RECORD DOCUMENTS: The Contractor shall keep on record a copy
of all specifications, plans, addenda, modifications, shop drawings and samples at the
C8-8(4)
site, in good order and annotated to show all changes made during the construction
process. These shall be delivered to the Engineer upon completion of the work.
C8-8(5)
SECTION Cl:
SUPPLEMENT.AR.Y CONDZTI�NS TO PART C- GENERAL CONDITI�NS
A. General
These Supplementary Canditians amend or supplement the General Conditions of tk�e
Cantract and other provisions of the Contract Documents as ir�dicated below. Provisions
vsthich are not so amended or supplernented remain in full force and affect.
B. C8-8.5 PARTIAL ESTIMATES ANU RETAINAGE: Page C8-8 (2}, should be deieted in
its entirety and replaced with the following:
Partial pay estima.tes shall be submitted. by the Contractor or prepared by the City on the
5th day and 20th day of each month that the work is in progress. The estimate shall be
proceeded by the City on the lOth day az�d 25th day respectively. Estitnates will be paid
withixx 25 days fallowing the end of the esiimate period, less the appropriate retainage as
set aut below. Partial pay estimates ma� inc�ude acceptable nonperishable materials
delivexed to the work place which are to be itncorporated into the work as a pernnanent
�art thereof, but which at ihe time of the pay estimate have not been so installed. If such
materials are included within a pay estimate, payment shall be based upon $S% of the net
voice value thereof. The Contractox will fiunish the Engineer such informat�on as may be
reasonably requesied to aid in the verification or ihe preparation of the pay estimate.
For cantracts of Iess than $400,000 at the time of execution, retainage shall he ten per cent
{10%). For contracts of $400,Q00 or more at the t'vme of execution, retainage shall be five
percent (5%).
Contractor shall pay subcontractors in accord with the subcontract agreement within five
{5) business days after receipt by Coniractor of the payment by City. Contractor's failure
to make ihe required payments io subcontractors will authorize the City to withhold future
payments from the Contracior until campliance with this paragraph is accomplished.
It is understaod that the partial pay estixnates will be approximate only, and all partial pay
estiz�aates and pa�rment af same wzll be �.ibject to correction in the estznnate rendered
following the discovery of the rnistake in any previous estimate. Fartial payment by
Owner for the amount of work done ax of its quality or sufficiency or acceptance of the
work done; shall not release the Contractor of any of its responsibilities under the
Contract Documents.
The Ciiy xeserves the right to withhold the payment of any partial estiznate if the
Contractar fails to perforzn the work in strict accordance with the specifications or other
pzoviszoz�s of this cantract.
C. Part C- General Conditions: Paragraph C3-3.11 of the General Conditions is deleted and
replaced with D-3 of Part D- Special Conditians.
D. C3-3.1 I TNS�:I�RANCE: Page C3-3 (6): Delete subparagraph "g. L4CAL AGENT FOR
INSURANCE AND BONDING"
Revised Pg. 1
10/24/02
E. C6-6.12 CONTRACTOR'S RESPONSTBLTTY FOR DAMAGE CLATMS: Fage C6-6
{8), is deleted in its entirety and replaced vaith tk�e following:
__:
Contractor covenants and agrees to indemnify City's engineer and archatect, azzd their
persozanel at the pro,}ect site �or Cantzactor's sole negligence. In addition, Contractor
- covenants and agrees io indemnify, hold harmless �d defend, at its own expense, the
Own�r, its officers, servants and employees, fram and against any and all claims or suits
for properry loss, praperty damage, personal ir�juzy, including d�ath, axisi.ng out of, or
alleged to arise out of, the work and se�rvices to be performed hereunder by Contractor, its
officers, agents, employees, subcontractors, Iicensees or invitees, whether or not anv such
; inirirv, damage or death is caused, in whole or in nart, bv the neQlz�ence ar alte,�ed
neglr�ence oi.Owner, its officers, serva�zts, or empinvees. Contractor likewise covenants
and agrees to indemnify and hold harnsless the Owner fram and against any and all injuries
"` to Owner's ofl'xcers, servaxzis azzd employees and any damage, ioss or destruction to
{
property of the Ownez axising from the performance of any of the tez�ns and conditions of
this Contrac�, whether or not anv stccfi inrury or damatre is carrsed in whole or rn t�art
hv tl:e ne�li�ence_ar alle�ed ne�li�ence of Owner, its o fcers, servants or emplovees
In the eveni Owner receives a written claim far damages against the Contractar or its
subcontxacioxs prior to finai payznent, final payment shall not be made until Contractor
either (a} submits to Owner satisfactory evidence that the claim has been settled and/or a
release frozxx the claimant in.�olved, or (b) provides Owner with a letter from Contractox's
liability insurance carrier that the claim has been referred to the insurance carrier.
The Director may, if he deems it appropriate, refuse to accept bids an other City of Fort
Worth public work frarn a Contractor against whom a claim for damages is outstanding as
a result of work performed under a City Contract.
F. INCREASED OR DECTtEASED QUANTITIES: Part C- Gerzeral Conditions, Section
C4-4 SCOPE OF WORK, Page C 4-4 {1}, revise paragraph C4-4.3 INCREASED OR
DECREASED QUAN'I`I'�'IES io read as follaws:
The Owner resezves the right to alter the quantities of the work to be performed or ta
extend.or shorten the ixr�pravements at any time when and as found to be necessary, and
the Contractar shall perfarm the work as altered, increased or decreased at tbe unit prices
as established in the cozxtzact documents. No allowance will be made for any changes in
lost or anticipated profits nor shail such changes be considered as waiving ox i.nvalidating
any conditions or provisions of the Contract Documents.
Variations in qt.iantities af sanitary sewer pipes in depth categories shall be interpreted
herein as applyiz�g to the ovexa� q►aantities of sanitary sewer pipe in each pipe size but not
to the various depth categories.
G. C3-3.11 INSUR.ANCE: Page C3-3 (7}: Add subparagraph "h. ADDITIONAL
Revised Pg. 2
10/24i02
1NSURANCE REC,ZUIREMENTS°'
a. The City, its o�S'xcers, ezaaplayees and servants shall be endorsed as an additional insured
on Contractor's insurance policies excepting empioyer's liability insuraz�ce coverage under
Con�ractor`s vvoxkers' compensation insurance policy.
b. Certificates of in.surance shall be delivered to the City of Fort Worth, contract
�' adzniuistrator in the respective departznent as specified in the bid docuxnents, 1000
Throckmartan Street, Fort Worth, TX 761t?Z, pxior to commencement of work on the
contracted project.
c. Any failure on part of the City to requesi required insurance documentation shall not
constztute a vvaiver of the insurance requirements specx�ied here�.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days
notice of cancellation, non-renerx�al, a�acUor material chaz�ge izz palicy terms or coverage.
A ien days notice shall be aecepiable in the event of non-payment of premium.
e. Ir�suzers must be authorized to do business in the State of Texas and have a current
A.M. Best rating of A: VII or equivalent measure of financial strength and solvency.
f. Deductibie limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City,
g. �ther thaz� v�rorker's compensation itzsurance, in lieu of traditianal insurance, City may
consider alternative coverage or risk treatment measures thraugh insurance poals or risk
retention groups. The City must approve in vc�ritz�ag any alternative coverage.
h. Workers' compensation insurance policy(s) covering employees employed on the
project shall be endorsed with a vvaiver of subrogation provzdiu�g rights of recovezy in
favoz of tlne Cxty,
i. City shall not be responsible far the direct payment of insurance premium costs for
contractor's instrrance.
j. Contractar's insurance policies shall each be endarsed ta provide that s��clx ansurance is
primary protection and any self-fitnded or commercial coverage maintained by City shall
not be called upon to contribute to lass recovery.
k. In the cotuse of the project, Contractor shall report, i.n. a tiuz�ely manner, to City's
officially designated contract administrator any lrnown loss occtuxezxce which cattld give
rise to a liability claim or lawsuit ar which could result in a property loss.
1. Contractor's liability shall not be Iimited to ih� specified amounts of insurance
required herei.n.
Revised Pg. 3
1 d/24/02
m. Upon the request of City, Contractor shall provide camplete copies of all insuranc�
policies required by these contract documents.
H. C8-8.4 SCOPE OF PAXMENT: Delete C8-8.4, Scape af Payment at page C&8{1} is
deleted in its entirety and replaced with the followi�ng:
The Contractor shall receive and accept the cozxapensation as herein provided, is� full
payment for furnishing all labor, tools, materials, and incidentals far performing all work
contemplated and embraced under these Contract Aacum�ents, for all loss and damage
arising out of the nature of the work or frorxi the aciion of the elements, for any
unforeseen defects or obstructions which may arise or be encountered during the
prosecution which may arise or be encountered duzing the prosecLttion of the woxk at any
time before its final acceptance by the Ovvner, (except as provided in paragraph C5-5.14}
for all risks of whatever description connected with the prosecutzon of the work, for all
expenses incurred by ar in consequence of the suspexasion or discontinuance of sucb�
prosecutian of the vvorking operations as herein specified, or any and a�. i.nfringements of
patents, trademarks, copyrights, or other legal reservations, axxd for completing the vvork
in an acceptable ma.nner according to the terms of the Contract Documents. ,
The payment af any current or partial estimate prior ta the final acceptance of the wark by
the Owner shall in no way constitute an acknowledgment of the acceptance of the work,
ma,terials, or equipment, nor in any vvay pxejudice or affect the obligations of the
Contractox to xepair, cozxect, renew, or replace at his own and prapex expense any defects
or imperfections in the canstruction or in the strength or quality of the material used or
equipznent oz z�nach�iz�:ezy fiizxaished i.n or about the construction of the wark uxzder contract
and its appurtenances, or any darnage due or attzibuted to such defects, which defects,
impexfections, ar damage shall have been dzscovered on or befare the final inspeciion and
acceptance of the woxk ox duz�img the two (2} year gttaranty period after the fixkal
acceptance. The 4wner shall be the soie judge o£ such defects, imperfections, or darnage,
and the Contractor shall be Iiable to the Owner for failure to correct the same as provided
herein.
I. C8-8.14 GENERAL GUARANTY: Delete C8-8.10, General Guaranty at page C8-8{4} is deleted
in its entirety and repiaced wiEh the foliowing:
Neither the fmal certificate of payment nor any provision in the Contract Documents, nor partial or
entire accupancy or use of the premises hy the Owner shall constitute an acceptance of work not
done in accordance with the Contract Documents or relieve the Contractor of liability in respect to
any express warranties or responsibility for faulty materials or warkmanslup. The Contractor shall
remedy any defects or damages in the work and pay for any damage to other work or property
resultin�g therefrom which shall appear within a period of two (2) years from the date of final
acceptance of the work unless a longer period is speci�ed and shall fitrnish a good and sufficient
maintenance bond in the amount of 100 percent of the amount af the contract whicn shall assure
the pez-fonmance of the general guaranty as above outlined. The Owner will give notice of observed
defects with reasonable promptness.
Revised Pg. 4
10124/02
Any reference to any shorter period of time o£ warranty contait�ed elsewhere within ihe
` specifications shall be resalved in favor of thus specificatians, it being the City's intent that
__ the Cantractor guarantee its work for a period of two (2) years fallowing the date of
�_
acceptance of the project.
In the Special Tnstructions to Bidders, TPW contracts place the foIIowing in lieu of the
� existing paragraph 2.
J. Part C- General Conditions, Section C2-2 INTERP�tETA�TION AND PREPARATION
OF 1'ROPOSAL, Page C2-2 (4} exchange paragra�hs C2-2,7, C2-2.& and C2-2.9 with the
following:
C2-2.7 DELTVERY OF PROPOSAL: No proposai will be conszdered unless it is
delivered, accompanied by its proper Bad Securiiy, to th� Purchasing Manager or his
representative at the official location and stated tinne set forth in the "Notice to Bidders."
It is the Bidder's soie responsibility to deliver the propasal at tkae proper time to the praper
place. The mere fact that a proposal was dispatched will not be considered. Tha Bidders
must have the proposal actually delivered. Each proposal shall be in a sealed envelope
plainiy marked vc�itn the woxd "PROPOS.AL," and the name or description of the project as
designated in the "Notice to Bidders." The envalope shall be addressed to ihe Purchasing
Manager, City of �ort Woxth Purchasi.czg Division, P.O. Box 17027, Fort Worth, Texas
76102.
C2-2.8 WITHDRAWING PROPOSALS: Proposals actually fiied with the Pi.uchasing
Manager canzzot be withdrawn prioz to the time set for opening proposals. A req�.test for
non-consideration of a proposai must be made in wxiting, addressed to the City Manager,
and filed r�vith him pzior to the tznr�e set for the opening of pzoposals. After all proposals
not xequested fox r�on-consideration are opened and publicly read aloud, the pxoposals for
which non-consideration requests have been properly filed may, at the option of the
Owner, be ret�urzled uztapened.
C2-29 TELEGRAI'HIC M4DTFICATION OF i'ROPOSALS: Any bidder may rnodify
his proposai by telegraphic cammunicatia� at any time pzior to the time set for opening
proposals, pxovided such telegxaphic cammunication is received by the Purchasing
Manager prior to the said proposal apening time, and provzded further, that the City
Manager is satisfied that a vvz�iiten and duly authenticated corifirmation of such telegraphic
communication over the signature af the bidder was mailed przor to the proposal opening
time. I�sucl� confir�mation is not xeceived within forty-eight {48) hours a$er the proposai
opening time, no further consideration will l�e given to the proposal
K. C3-3.7 BONDS tCTTY LET pROJECTS�: Reference Part C, General Conditians, dated
November l, 1987; {City let projects} make the follawing xeviszons;
1. Page C3-3(3); ihe paragraph after paragraph C3-3.7d Other Bonds shocild be revised to
read:
Revised Pg. 5
10l24i02
In order far a surety to be acceptable to the City, the surety must {� } hoEd a certificate af
authority from the United States secretary of the treasury to qualify as a surety on
obligations permiftecf or required under federal law; or {2) have obtained reinsurance for
any Iiability in excess of $10�,000 from a reinsurer that is authorizad and admitted as a
reinsurer in the state of Texas and is the holder of a certificate of authority from the
Untied States secretary of the treasury to qualify as a surety on nbligations permitted or
required under federal law. Sat9sfactory proof of any such reinsurance shall be
provided to the City upon request. The City, in its sole discretion, will determine the
adequacy of #he proof required herein.
2. Pg. C3-3{S) Paragraph C3-3.11 INSURtLNCE deleie subparagraph "a.
COMPENSATION INSURANCE".
3. Pg. C3-3(b), Paragraph C3--3.1.1. ZNSLJR.ANCE delete subparagraph "g. LOCAL
AGENT k'OR IIVSURANCE AND BONDING".
L. RIGHT TO AUDIT: Pari C- General Conditions, Sectzon C8-8
MEASUREMENT AND PAYMENT, Page C8-8 (5}, add the follovc+ing:
C8-8.14 RIGHT TO AUDIT:
(a) Contzactor agrees thai the City shall, until the expizatian of three (3) years a$�r fix�al
payment under this contract, have access to and the right to exaznine and photocopy any
directiy pertu�ent books, documents, papers and records of the Contractor invalving
transactians relating to this contract. Contractar agrees that the City shall have access
during z�ozxnal workizzg houxs to alI necessary Contractor faciliiies and shall be provi�ded
adequafe and appropriate work spac� i,n ordez ta conduct audits icx coxnpliance with the
provisions of this section. The City sha31 give contracior reasanable advance notice of
inten.ded audits.
(b) Contractor further agrees ta include in all its subcontracts hereunder a provision to the
effect that the subcontractar agrees that the City shall, until the expiration of three (3}
years after final payment under the subcontract, laave access to and the right to examine
and photocopy any directly peztir�ez�t books, documents, papers and records of such
subcontractor, involving transactions to the subcontraci, and fitirther, that City shall
have access during normal vvorking hottxs to ail subcontractor �'acilities, and shall be
pzovided adequate and appropriate work space, in order to conduct audits in compliance
with the provisions of this article. City shall give subcontractor xeasonable advance natice
of iz�tended audits.
(c} Contractor and subcontractor agree to photocopy such dacumenis as may be
requested by the Ciiy. The City agrees to reimburse the Contractar for the cost af copies
as follows:
l. 50 capies and under - 10 cents per page
Revised Pg. 6
1 O/24/02
2, More than 50 copzes -$S cents for the first page plus
�i$een cents for each page thereafter
M. STTE PREPARATTON:
The Contractor shail clear rights-of-way or easements of obstruction which z�ust be
rernoved to make passible proper prasecution of the wozk as a part of this project
construction operations. The contractor's attention is directed to paragraph C6-b.10 work
within easements, page C6-6(4), part C- General Conditions of the Water Department
General Contract Document and General Specifications.
Clearing and restoxatzon shall be considered as incidental to construction and all costs
incurred will be considered to be included in the Linear �'oot price of the pipe.
N. Reference Part C- General Conditions, Seciion Cb-6.8 BARRICADES WFLRNTNGS
AND WATCHMEN:
I. Wherever the word Watchmen appears in this parag�raph, it shall be changed to the
ward flagmen.
2. In the first paragraph, lines five (5} and s� {b}, change the phrase take all such other
precautionary measures to take au reasonable necessazy zxzeasures.
�. MINORTTY/WOMEN BUSINESS ENTERPRISE COMPLIANCE:
Reference Part C(General Conditions), Sectian C3-32 Entztled "MINORITY BUSINESS
ENTERPRISE/WOMEN-OWN�D BUSINESS ENTERPRISE COMPLIANCE" shall be
deleted in its entirety and replaced with the following:
Upon req�iest, Contracior agrees #o provide to Owner complete and accurate information
regarding actual work perfarmed by a Minority Business Enterprise (MBE) and/ox a
Woman Business Enterprise (WBE) on the contraci and payxne�t therefore. Contracior
further agrees to pernut an audit ancUor exazninatian of any books, records or files in its
possession that will stibstantiate the actual work performed by an MBE ar�d/or WBE. The
zniszepresentation of facts (other than a negligent misrepresentation) and/or the
commissian of fraud by the Cantractor will be grounds for tez-znination of the contzac�
and/or irutiati�g action tinder appropriate federal, state or local laws ar ordinances relating
ta false statements; ftirther, any sticlz misrepresentation (other than negligent
misrepresentatian) and/or commission of fraud will result in the Contractor being
detez�ined to be irrespansible and banred from particzpating in City work for a period of
time af not less than thee {3) years.
Revised Pg. 7
10/24/02
. . .. _.. -- ..
P. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced witlx
� . ... .. .... . . . ... ..... . ---..... _ ... ... ... _. ._. . .. ....- - --- - .. . . ---- - - -
the following:;
. . .. _.. _ _ .
-
(a} The contractor shall comply vcrith all requirements of Chapter 2258, Texas Governinent
Code, including the payment of �ot less than the rates determined by the City Council af:
f :the City of Fort Wo�h to be the prevailing wage rates in accoxdance wiih Chapter 2258, :
,
Texas Government Code. Siich pxeyailing wage xates are included in these contract
, ..�__........__._....._..._._. ..
documents:
..._._.__...__�....._..__---______ ........ ...... _......_____._.---..... �- _... ..._....�...---_....,
(b} The contractor shall, �ar a pexiod of three {3} years following the date of acceptance o�
`the work, maintain records that show {i) the name and occupation o�each worker:
employed by the cantraetor at� the coz�struetion. of the work provided :for in this contract; ;
and .{ii) the actual per diem wages paid to each worker. These zecords shall be open at all;
'reasonable hours for inspection by the City: The pxoyisions_of Section C-l., L. Right to :
Audit_.(Rev._9130/02}pertain:to thiis anspection; '
, --- ----- .... .__... ._ _..__... . .._.
_ . . .. . . . .............____... ._ . . ... .
(e) The contractor shall include in. its subcontracts ancUor shall otherwise reguire all of its �
subcontractors_ta. compiy vc�ih paragraphs (a) and {b) above._;
.__.._. ..__ . ___. .__.__..-------___....--- ---.. __._..__.__ ......--�----�-- ..... ...... ....._ �..--- -- ---._.. . . _._.. ..___ �_---
(d} With eacli pariialpayznent estiznate or payroll period, whichever is less, an affdasrit ;
:
:stating that the contractor has complied with the xequirements of Chapter 2258, Texas .
_. _... .. .... . ,
Gavernment Code:
....... __-- - - - -- -� --... . _ . .__. . - -....__._�... .. ....__.__ - ----- ....--- - ..... - -- - _._._ . .. . .. .
The co.ntractor shall post the prevailing_wage.rates.,in_a.conspicuous place at the site ofthe:
. . .
project, at all times:
Revised pg. 8
l 0124102
Compliance with and Enforcement of Prevailin� Wa e�
(a) Dutv to pav Prevailing Wa e R�ates. The contractor shall comply with all
requirements of Chapter 2258, Texas Government Code (Chapter 2258),
including the payment of not less than the rates determined by the City Council of
the City of Fort Worth to be the prevailing wage rates in accordance with Chapter
2258. Such prevailing wage rates are included in these contract documents.
(b) Penaltv for Violation. A contractor or any subcontractor who does not pay the
prevailing wage shall, upon demand made by the City, pay to the City $60 for
each worker employed for each calendar day or part of the day that the worker is
paid less than the prevailing wage rates stipulated in these contract documents.
This penalty shall be retained by the City to offset its administrative costs,
pursuant to Texas Government Code 2258.023.
(c) Complaints of Violations and City Determination of Good Cause. On receipt of
information, including a complaint by a worker, concerning an alleged violation
of 2258.023, Texas Government Code, by a contractor or subcontractor, the City
shall make an initial determination, before the 315t day after the date the City
receives the information, as to whether good cause exists to believe that the
violation occurred. The City shall notify in writing the contractor or
subcontractor and any affected worker of its initial determination. Upon the
City's determination that there is good cause to believe the contractor or
subcontractor has violated Chapter 2258, the City shall retain the full amounts
claimed by the claimant or claimants as the difference between wages paid and
wages due under the prevailing wage rates, such amounts being subtracted fiom
successive progress payments pending a final determination of the violation.
(d) Arbitration ReQuired if Violation Not Resolved. An issue relating to an alleged
violation of Section 2258.023, Texas Govermnent Code, including a penalty owed
to the City or an affected worker, shall be submitted to binding arbitration in
accordance with the Texas General Arbitration Act (Article 224 et seq., Revised
Statutes) if the contractor or subcontractor and any affected worker do not resolve
the issue by agreement before the 15th day after the date the City malces its initial
determination pursuant to paragraph (c) above. If the persons required to arbit�ate
under this section do not agree on an arbitrator before the 1 lth day after the date
that arbit�ation is required, a district coui-t shall appoint an arbitrator on the
petition of any of the persons. The City is not a party in the arbination. The
decision and award of the arbitrator is final and binding on all parties and may be
enforced in any court of competent jurisdiction.
(e) Records to be Maintained. The contractor and each subcontractor shall, for a
period of three (3) years following the date of acceptance of the worlc, maintain
records that show (i) the name and occupation of each worker employed by the
contractor in the const�-uction of the work provided for in this contract; and (ii) the
actual per diem wages paid to each worker. The records shall be open at all
reasonable hours for inspection by the City. The provisions of the Audit section
of these cont�•act documents shall pertain to this inspection.
(� Pa_y Estimates. With each partial payment estimate or payroll period, whichever
is less, the contractor shall submit an affidavit stating that the contractor has
complied with the requirements of Chapter 2258, Texas Government Code.
(g) Postin o� e Rates. The contractor shall post the prevailing wage rates in a
conspicuous place at the site of the project at all times.
(h) Subcontractor Combliance. The contractor shall include in its subcontracts
andlor shall otherwise require all of its subcontractors to comply with paragraphs
(a) through (g) above.
City of Fort Wor�h, Texas
ayor and Council Co�muni
__ �
;,
QA�'E: Tuesday,
p � LQC NAME: 3Q�
COUNCiL ACTiON: Appraved on 1/812008
ly 08, 2008
GE RATES RE
SUBJECT:
� Adopi 2�08 Prevailing
RECUMMENDATION:
�` It is recommended that the
public works projects.
Rates for City-Awarded Public-Works Py6jects
E N4.: '�*G�'i 6190
Coundl adapt the attached 2008 Pr�vailing Wage Rates for Gi#y-awarded
DISCUSSION:
Texas Gavernment Code Chapter 2 8 requires that a pub
shall deiermirie the general prevaiiing te of per diem wag
execute the contract and shall specify in he bid documents,�
�
that Iocality.
Each year The Quoin Chapfer of the Associa
Buiiders and Contractars (ABC) and #he Am
rate survey for Narth Texas construction. The
ihat survey.
FtSCAL tN�ORMATfONlCERTIFICATI4N:
The Finance �irector certifies that this action
�
Tt� Fund/AccountlCenters
Oriainatin De�ar#ment Head;
Additional [nfiormation Cont�ci;
bady awarding a cont�ac# for public works
for each craft nr type of worker needed ta
in the contract tha prevailing wage rates in
ontractars, 1n conjunctian with #he Association of
ontractors Association (ASA}, conducts a wage
S Prevailing Wage Ra#e data was cornpiled from
no`r�naterial effect on City funds.
Fernando t�osta {8476)
A. Douglas Ra�emak�r {6357)
Eric Bundy (7
HEAVY & HIGI�iWAY C�NSTRUCTIUN
�{REVAILING WAGE RATES 2008
Air
Distxibutor
Bulldozer Ope or
Carpetiter
Concrete Fic3isher, I'avin
Cancrete Finisher, tructures
Concrete Pavin Cur �ing Machine Op�
Cancrete Pavin Finis i�xg Macl�ine O
Cox�crete Paving ,ioint aler O erator
Concrete avin Saw O rator
Coacrete Paving Spreader erator
Concrete Rubber
Crane, Clamshell, Backhoe, errick, L
Electriciazi
Fla er
Form BuiIder/Selter, Structures
Forrn Setter, Paving & Curb
�oundation Drill � erator, Crawler �
Foundation Drill Operator, T►�uck Mo
Front End Loader Operator
Lahorer, Common
Labore�•, Utiiit�
Mechanic
Milling Machine Operator, Fine Grade
Mixer 4perator
Motor Grader Operator, Fine Grade
Motor Grader O�erator, Raugh
Oiier
Painter, Struotures
Pavement Markin� Machine Oper tar•
Ralier
Roller
Steel Setter
Steet SetCer
Steel
Servicer
Siip rarm Machine
Spreader Box Oper
Tractor Oaerator, C
Flat Whee1lTamping
Plant Mix Pavement
Trave2in Mixer erator
Truck Driver, L wboy-�loat
Truck Driver, n]e Axle, Heavy
Truck Driver in Ie Axle, Light
Truck Drive , Tanden� Ax3e, Semi-Tratler
Truck Driv r, Transit-Mix
Wa on Dr l, �orin Machine, Post Hole DrilIer
We2der
Work Zone Banicade Servicer
$10.06
$13.99
$12.78
$11.0�
t3.22
$ I 2.80
$i2.&5
$13.27
$i2.00
$13.63
$12.50
$I3.56
$14.50
$i4.6I
$14.12
$18.12
$ 8.43
$11.63
$11.83
$13.67
$16.30
$12.b2
$ 9, I 8
� 10.65
$16.97
$1 I.$3
$11.58
$15,20
���.sa
$14.98
$13,i7
$ I OA4
$ I 1.04
$14.86
$1 b.29
$11.07
$10.92
$11.28
$11.42
$12.3?
$12.33
I 0.92
2,60
$14.9
$11.47
$10.91
$tt.7S
$12.48
$14.00
$13.57
�10.09
2013 PREVAILING WAGE RATES
(Heavy and Highway Construction Projects)
CLASSIFICATION DESCRIPTION
Asphalt Distributor Operator
Asphalt Paving Machine Operator
Asphalt Raker
Broom or Sweeper Operator
Concrete Finisher, Paving and Structures
Concrete Pavement Finishing Machine Operator
Concrete Saw Operator
Crane Operator, Hydraulic 80 tons or less
Crane Operator, Lattice Boom 80 Tons or Less
Crane Operator, Lattice Boom Over 80 Tons
Crawler Tractor Operator
Electrician
Excavator Operator, 50,000 pounds or less
Excavator Operator, Over 50,000 pounds
Flagger
Form Builder/Setter, Structures
Form Setter, Paving & Curb
Foundation Drill Operator, Crawler Mounted
Foundation Drill Operator, Truck Mounted
Front End Loader Operator, 3 CY or Less
Front End Loader Operator, Over 3 CY
Laborer, Common
�aborer, Utility
Loader/Backhoe Operator
Mechanic
Milling Machine Operator
Motor Grader Operator, Fine Grade
Motor Grader Operator, Rough
Off Road Hauler
Pavement Marking Machine Operator
Pipelayer
Reclaimer/Pulverizer Operator
Reinforcing Steel Worker
Roller Operator, Asphalt
Roller Operator, Other
Scraper Operator
Servicer
Smali Slipform Machine Operator
Spreader Box Operator
Truck Driver Lowboy-Float
Truck DriverTransit-Mix
Truck Driver, Single Axle
Truck Driver, Single or Tandem Axle Dump Truck
Truck Driver, Tandem Axle Tractor with Semi Trailer
Welder
Work Zone Barricade Servicer
Wage Rate
15.32
13.99
12.69
11.74
14.12
16.05
14.48
18.12
17.27
20.5 Z
14.07
19.80
17.19
16.99
10.06
13.84
13.16
17.99
21.07
13.69
14.72
10.72
12.32
15.18
17.68
14.32
17.19
16.02
12.25
13.63
13.24
11.01
16.18
13.08
11.51
12.96
14.58
15.96
14.73
16.24
14.14
12.31
12.62
12.86
14.84
11.68
The Davis-Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by
the United States Department of Labor and current as of September 2013. The titles and descriptions for the
classifications listed are detailed in the AGC of Texas' Standard Job Classitications and Descriptions for Highway,
Heavy, Utilities, and Industrial Construction in Texas.
Page 1 of 1
2013 PREVAILING WAGE RATES
(Commercial Construction Projects)
CLASSIFICATION DESCRIPTION
AC Mechanic
AC Mechanic Helper
Acoustical Ceiling Installer
Acoustical Ceiling Installer Helper
Bricklayer/Stone Mason
Bricklayer/Stone Mason Trainee
Bricklayer/Stone Mason Helper
Carpenter
Carpenter Helper
Concrete Cutter/Sawer
Concrete Cutter/Sawer Helper
Concrete Finisher
Concrete Finisher Helper
Concrete Form Builder
Concrete Form Builder Helper
Drywall Mechanic
Drywall Helper
Drywall Taper
Drywall Taper Helper
Electrician (Journeyman)
Electrician Apprentice (Helper)
Electronic Technician
Floor Layer
Floor Layer Helper
Glazier
Glazier Helper
insulator
Insulator Helper
Laborer Common
Laborer Skilled
Lather
Metal Building Assembler
Metal Building Assembler Helper
Metal Instailer (Miscellaneous)
Metal Installer Helper (Miscellaneous)
Metai Stud Framer
Metal Stud Framer Helper
Painter
Painter Helper
Pipefitter
Pipefitter Helper
Plasterer
Plasterer Helper
Plumber
Plumber Helper
Reinforcing Steel Setter
Page 1 of 2
Wage Rate
25.24
13.67
16.83
12.70
19.45
13.31
10.91
17.75
14.32
17.00
11.00
15.77
11.00
15.27
11.00
15.36
12.54
15.00
11.50
19.63
15.64
20.00
18.00
10.00
21.03
12.81
16.59
11.21
10.89
14.15
12.99
16.00
12.00
13.00
11.00
16.12
12.54
16.44
9.98
21.22
15.39
16.17
12.85
21.98
15.85
12.87
Reinforcing Steel Setter Helper
Roofer
Roofer Helper
Sheet Metal Worker
Sheet Metal Worker Helper
Sprinkler System Installer
Sprinkler System Installer Helper
Steel Worker Structural
Steel Worker Structural Helper
Waterproofer
Equipment Operators
Concrete Pump
Crane, Clamsheel, Backhoe, Derrick, D'Line Shovel
Forklift
Foundation Drill Operator
Front End Loader
Truck Driver
Welder
Welder Helper
Zi.oa
16.90
11.15
16.35
13.11
19.17
14.15
17.00
13.74
15.00
18.50
19.31
16.45
22.50
16.97
16.77
19.96
13.00
The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted
and published by the North Texas Construction Industry (Fall 2012) Independently compiled by the Lane Gorman
Trubitt, PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's (The
Construction Association) website. www.texoassociation.org/Chapter/wagerates.asp
Page 2 of 2
Black, Doug
From: Scott.Arnold@kimiey-horn.com
Sent: Tuesday, February 28, 2017 10:55 AM
To: Mills, Stephanie; Fishback, Tara; Estes, William Todd; Nguyen, Tai; Black, Doug
Subject: Fwd: South Central High Speed Rail Corridor
Categories: M&C-Change Orders
Doug,
See below, CTC is okay using the 2013 wage rates for SCHSC contract.
Thanks,
Scott
Direct: 817-339-2247
Cell: 817-675-0065
---------- Forwarded message ----------
From: "Tim Oster" <tosterC@ctcinc.com>
Date: Tue, Feb 28, 2017 at 10:48 AM -0600
Subject: South Central High Speed Rail Corridor
To: "Arnold, Scott" <Scott.Arnold@kimley-horn.com>
Scott,
CTC does not have an issue with the wage rates you mentioned. Do you know the status of the contract? Our
purchasing staff is requesting permission to place equipment orders but I cannot agree until we get the signed contract
back.
Thanks for your help,
Tim Oster
CTC, Inc.
Project Manager
T +1 817 886 8247
F +1 817 886 8225
M +1 817 713 5899
toster(a�ctcinc.com
9601 Camp Bowie West � Fort Worth, TX 76116 � www.ctcinc.com
Saving lives one grade crossing at a time
This entire e-mail may contain confidential information belonging to the sender which is legally privileged. This information is intended only
for the use of the individual(s) or entity named above. If you are not the intended recipient you are hereby notified that any disclosure,
copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this
e-mail in error please notify the sender immediately by e-mail and then delete this e-mail from your system.
GOVERNING SPECIFICATIONS, SPECIAL PROVISIONS, AND SPECIAL
SPECIFICATIONS
STANDARD SPECIFICATIONS:
ADOPTED BY THE TEXAS DEPARTMENT OF
TRANSPORTATION JUNE 1, 2004.
STANDARD SPECIFICATIONS
ARE INCORPORATED INTO THE CONTRACT BY REFERENCE
ITEMS 1 TO 9
ITEM 500
ITEM 502
- - 'r u ._. ._._
INCL., GENERAL REQUIREMENTS AND COVENANTS
MOBILIZATION
BARRICADES, SIGNS, AND TRAFFIC HANDLING
SPECIAL SPECIFICATIONS
WAYSIDE HORN SYSTEM (INSTALL)
SPECIAL PROVISIONS:
SPECIAL PROVISIONS WILL GOVERN AND TAKE PRECEDENCE OVER THE
SPECIFICATIONS ENUMERATED HEREON WHEREVER IN CONFLICT THEREWITH.
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
TO ITEM 000 (000---003)
TO ITEM 000 (000---004)
TO ITEM 000 (000---006)
TO ITEM 000 (000---009)
TO ITEM 000 (000---011)
TO ITEM 000 (000---1483)
TO ITEM 000 (000---1676)
TO ITEM 000 (000---1966)
TO ITEM 000 (000---2329)
TO ITEM 000 (000---2332)
TO ITEM 001 (001---015)
TO ITEM 002 (002---017)
TO ITEM 003 (003---033)
TO ITEM 004 (004---017)
TO ITEM 005 (005---004)
TO ITEM 006 (006---030)
TO ITEM 007 (007---918)
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
BUY AMERICA
TO ITEM 008 (008---119)
TO ITEM 009 (009---009)
TO ITEM 009 (009---015)
TO ITEM 500 (500---011)
TO ITEM 502 (502---033)
CONVICT-PRODUCED MATERIALS AND CONTRACT LABOR
SPECIAL SPECIFICATION
�;��
Wayside Horn System (Furnish and Install)
1. Description. Provide and install wayside horn system as shown in the plans. The
- wayside horn system shall be a CTGWHS Version 1.03 by Campbell Technologies
Corp. or approved equal.
2. Materials. All items shall conform to the applicable TxDOT standard specification
and to the requirements provided in the Federal Railroad Administration's (FRA's)
Federal Register 49 CFR 222.
3. Construction. The installation of the wayside horn system shall conform to the
requirements provided in the Federal Railroad Administration's (FRA's) Federal Register
49 CFR 222 and as shown in the plans.
A. Install indicator beacon as shown in the plans.
B. The interconnection circuit shall be closed electrical circuit, originating in the wayside
horn control system passing through a closed contact in the railroad signal system and
then returning to the wayside horn control system to energize a relay which upon de-
energization by a train will cause the wayside horns to be activated.
C. The railroad shall provide two normally-closed contacts, one for the approach and one
for the island circuit.
D. Boring and conduit locations may be adjusted in the field during construction as
mutually agreed by the City of Fort Worth and BNSF.
E. The mast shall be required to include an offset for visibility along the railroad as
shown in the plans.
F. Functional requirements:
1. A GPS module for the 2070 controller shall be provided. This unit is to provide a
time-sync to the controller.
2. Inputs for an eight (8) track crossing, with approach and island circuits.
3. Each approach circuit to be capable of being associated with one or more island
circuits.
4. Inputs for two (2) battery status indicators.
5. Outputs far• six (6) wayside horns with six (6) audio feedback inputs.
6. Outputs for two (2) flashing X indicator circuits.
7. Flashing X shall be configured to flash 24/7 or only upon activation.
8. Output for one (1) health indicator circuit.
9. System shall generate a pre-determined crossing warning (long-long-short-long)
pattern with user-programmed delay, duration, gap and pause timers upon
activation of approach circuit.
10. System shall generate a user-programmed long blast upon activation of island
circuit.
11. System shall be configured to repeat the pre-determined crossing warning until
island occupancy, and either truncate or finish the pre-determined pattern before
the long blast.
12. System shall be configured for island-only crossings, where only the pre-
determined crossing warning pattern is sounded.
13. A maximum timer shall be provided to shut the system down after a programmed
number of seconds. Shutdown will extinguish the flashing X, then following a
second programmable delay, all horns will be silenced.
14. All sound outputs shall be monitored though audio feedback units, and failure of a
horn to sound within a user-specified time period will extinguish the flashing X
indicator.
15. A health output shall be provided to indicate system operational status to an
external recording device.
16. System shall be programmed for interface to a type 334 or 336 controller cabinet,
with 28 inputs and 9 outputs plus watchdog.
G. The City of Fort Worth or their assignee shall inspect the wayside horn system
installation once complete and prior to use.
H. Emergency Replacement Equipment. One unit of critical components shall be
provided to the city to facilitate emergency replacement of failed equipment. One each of
the following items shall be supplied
• One (1) 2070 controller.
• One (1) complete Wayside Horn Control Module.
• One (1) Horn Driver and Confirmation Feedback Microphone .
I. Training. The contractor shall provide two one-day training sessions for city staff. The
first training session shall consist of a combination of classroom and field cabinet
instruction. The training shall be for 10 staff personal and include equipment manuals and
instruction aides. The provided documentation and inst�uction shall cover operation,
programming, t�•oubleshooting, repair and preventative maintenance practices. A second
session shall be conducted at a later date.
4. Measurement. This Item will be measured as each unit complete in place as shown in
the plans.
5. Warranty. The contractor shall provide a one year warranty for all materials and
workmanship for the one year after the project is accepted.
6. Payment. The work performed and materials furnished in accordance with this Item
and measured as provided for under "Measurement" will be paid for at the unit price bid
for "Wayside Horn System (Furnish and Install)." This price is full compensation for
furnishing, fabricating, and erecting the wayside horn system, including the wayside horn
cabinet, foundation, conduit, wiring, excavation, boring, emergency replacement
components, training, warranty, and other items as shown in the plans pertaining to the
installation of the wayside horn system.
GENERAL NOTES
Single lane closures, except as otherwise shown in the plans, will be restricted to off-peak hours
as defined in the following table:
Peak Hours Off-Peak Hours
6 to 9 AM 3 to 7 PM 9AM to 3PM All day Saturday
Monday through Monday through and and Sunday
Friday Friday 7 PM to 6 AM
Monday through
Frida
Existing storm sewers and utilities are shown fi•om the best available information. Verify the
location of all underground facilities prior to starting work.
Mail box manipulation made necessary because of construction shall be done in accordance with
Item 560, except that this work will not be paid for directly but will be considered subsidiary to
the various bid items.
In those instances where necessaiy, the goveming slopes indicated herein may be varied from the
limits shown, to the extent approved.
All driveway openings will be determined by the Engineer and shall conform with Texas
Department of Transportation "Regulations for Access Driveways to State Highways" adopted
September 1953, and revised June 2004.
Locations and lengths of all private entrances are approximate only. The actual locations,
lengths, lines and grades are to be determined by the Engineer and shall conform with the
=-- regulations of The City of Fort Woi�th.
Take care that existing curb and curb and gutter is not discolored or damaged during construction
operations. In the event of discoloration or damage, clean or repair as directed.
Remove any obstructions to existing drainage due to the contractor's operations, as required, at
the Contractor's expense.
Item 8. Prosecution and Progress
Working days will be computed and charged in accordance with Article 8.3.A.1 Five-Day
Workweek.
Item 502. Barricades, Signs, and Traffic Handling
Permanent signs may be installed when construction in an area is complete and they will not be
in conflict with the traffic control plan for the remainder of the job.
Existing signs are to remain as long as they do not interfere with construction and they do not
conflict with the traffic control plan.
Any sign not detailed in the plans but called for in the layout shall be as shown in the cui7�ent
"Standard Highway Sign Designs for Texas".
When traffic is obstructed, ai-�•ange warning devices in accordance with ai7-angements indicated
in the latest edition of the "Texas Manual on Unifoim Traffic Control Devices".
Cover or remove any work zone signs when work or condition referenced is not occui-�ing.
REQUIF2ED CONTRACT PROVISIONS
�EDERAL-AfD CONSTRUCi'ION GONTFtAGTS
Page
I. General ............................... 1
II. Nondiscrimination ......................... 1
111. Nonsegregated Facilitles . . . . . . . . . . . . . . . 3
IV. Paymenf of Fredetermined Minimum Wage . . . . . . . . . 3
V. Statements and payrolls . . . . . . . . . . . . . . . . 5
VI. Record of Materials, Suppfies, and Labor . . . . . . . . . . . 5
VII. Subletting orAssigning the Coniract . . . . . . . . . . . .. . . 5
VIII. Safety: Accident Prevention . . . . . . . . 6
IX. False Statements Conceming Highway ProJects ...... S
X. Implementat[on of Clean Air Act and Federal
Water Poflution Contro! Act . . . . . . . . . . . . . . . . . . . . . . 6
XI. Certiflcation Regarding Debarment, Suspension,
Inelfgibility, and Vo[untary Exclusion . . . . . . . . . 6
XIL Certification Regarding Use of Contract Funds for
Lobbying...................•••--••••........ 8
ATTACHMENT3
A. Employment Preference tor Appatachian Contracts
(included in Appalachian contracts only)
I. GENERAL
1. These coniract provisions shall apply ta all work perFarmed on
the contract by the contractor's own organization and with fhe
assistance of worKers under the contracior's immediate superinten-
dence and to all work performed on the conlract by piecework, statian
work, or by subconiract.
2. Exceptas otherwise provided far in each section, the coniractor
shali inser# in each su6coniract all of the stipulations contained in
these Required Contract Provfsions, and further require their
inclusian in any lower iier subcontract or purchase order that may in
turn be made. The Reqaired Contract Provisions shatl not be
incorporated by re(erence in any case. The prime contrackorshall be
responsible for compliance 6y any subcontractor or lower ller
subcontractor with these Required Contract Provistons.
3. A breach of any of fhe stipulations contained in these Required
Confract Provisions shall be sufficient grounds for termination of the
contract.
4. A breach of the following clauses of the Required Coniract
Provisions may also be grounds for deharment as provided in 29
CFR 5.12:
Section l, paragraph 2;
Section IV, paragraphs 1, 2, 3. 4, and T;
Section V, paragraphs 3 and 2a through 2g.
5. DisputesarisingoutaPthelaborstandardsprovisionsofSection
IV {except paragraph 5} and Section V of these Required Cantract
Frovisions shafl not be subject ta the general disputes clause of this
contract. Such dispufes shall be resolved in accordance with the
procedures of the U.S. Department of Labor {DOL) as sei forth in 29
CfiR 5, 6, and 7. Disputes within the meaning of this clause inctude
disputes between ihe contractor(oranyof its subcontractors) and the
cantracting agency, ihe DOL, ar the contractar's employees or their
representatives.
8. Selectian af L.abor: During the performance of this contract,
!he contracfor shall not;
a. discriminateagainstiaborfromanyoiherState,possessio�,
orterritory of the United 5tafes (except for employment preferencefor
Appalachian contracts, when applicable, as specified in Aitachment
A1, or
b. employ convict ta6or for any purpose within the limits of the
project unless it is labor performed by convtcts who are on parole,
supervised release, or probation.
ll. NONDISCRIMtNATION
(Appiicabte fo al! Federal-aid construction contracts and to all
Form FHWA-4273 {Rev. 3-94}
related subconfracts of $90,000 or more.)
1. EqualEmptoymentOpportunity: Equalemploymentopporiu-
nity {E�O) requirements not to discriminate and ta take affirmative
action to assure equat opportunity as set forth under laws, execufive
orders, rules, regulations (28 CFR 35, 29 CFR i 630 and 41 CFR BO)
and orders of the Secretary of Labor as modified by the provisions
prescribed herein, and imposed pursuant to 23 U.S.C. i40 shall
constitute ihe EEO and specific a�rmative action standards for ihe
coniractots projectactivihes underthis contract. The Equai Oppartu-
niry Constroction Contract Spec[fications set forth under41 CFR 60-
4.3 and the provisions of the American Disabtlities Act of 1990 (42
U.S.C. i2101 et seg.} set forth under 28 CFR 35 and 29 CFR 1630
are incorporated by reference in this contract. In the execufion of this
confract, Ehe contractor agrees to complywith the foflawing minimum
specific requirament activities of EE�:
a. 7he contractor will work wiih the State highway agency
(SHA) and the Federal Governmen! in carrying out EEO obiigations
and in their review of hislher activities under the contract.
b. The contractor wili accept as his operating policy the
fal►owing statement:
"It is the palicy of this Company to assure that applicants are
employed, and ihat empioyees are treaied during ernployment,
withaui regard to iheir race, religion, sex, color, national origin,
age or disabiiity. Such 2ction shall include: employment,
upgrading, demotion, or hansfer; recruitment or recrwtment
advertising; layoff or termination; rates af pay or other forms ai
compensation; and selecttor► for training, including apprentice-
ship, preapprenticeship, and/or on-the-Job training:'
2. EEO Otffcer: The contractorwill designate and make known
to ihe SHA coniracting afficers an EEO Officer who will have the
responsibifityfor and must be capable oieifectively administering and
promating an acfive cantractor program of EEO and who must be
assigned adequate auihority and responsibility to do so.
3. pissemination of Policy: A11 members of the coniractor's staif
who are authorized to hire, supervise, promote, and discherge
employees, orwho recommend such action, orwho are subsiantially
invo�ved in such action, will be made fully cognizant of, end wilf
imp[ement, the contractor's EEO policy and contractual rasponsibili-
ties to provide EEO in each grade and classificatlon of employment.
To ensureihatthe above agreementwill be met, the foliowing actions
will be taken as a minimum:
a. Periodic meetings af supervisory and personnel ofiice
employees wip be conducted before fhe start of work and then not
less often than ance everysix months, atwhich time Ehe contractor's
EEO policy and its impiemenfation will be reviewed and explained.
The meetings will be canducted by the EEO Officer.
b. Ali new supervisory or persannel office empioyees wifl be
given a tharougtt indoctrination bythe EEO Officer, covering all major
aspects of fhe contractors EEO obligations within thirty days
fallowing their reporting for duty with fhe contractor.
c. All personnel who are engaged in direct recruitment for the
project will be insiructed by the EEO Ofiicer in the contracto�s
pracedures for locating and hiring minority group employees.
d. Notices and posters setting forth ihe contractor's EEO policy
will be placed in areas readilyaccessible to emp[oyees, applicantsfar
employment and potential employees.
e. The contractor's EEO poiicy and the �rocedures ta imple-
ment such poiicy wiil be brought to the attent�on af employees by
means of ineetings, employee handbooks, or ather appropriate
means.
4. Recruitment: Whan adveriising for employees, the contracfor
will include in all advertisements for employees the notatian: "An
Equal Opporiunity Employer." AA such advertisementswill be piaced
Page 1
in pub{ications having a targe circulation among minoritygroups in the
area from which the project work force wouEd normaliy be derived.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systemaiic aad direct recruitment through publie
and private employes referral sources likelyto yield qualified minority
group applicants. To meet fhis requirement, the contraetor will
identify sources of potentiai mtnoritygraup employees, and esiablish
with such identifed sources procedures whereby minority group
applicants may be referred to the contraciorfor employment consider-
at�on.
b. In the event the contractor hes a valid bargaining agreement
providing for exclusive hiring hall referrals, he is axpected to observe
fhe provisians oEthat agreement to the extentthat the system perm[ts
fhe contractors compliance with EEO contract provisions. (The DOL
has held that where imptementation of such agreements have ihe
effect of discriminating against minorities orwomen, or obligates the
contractor to do the same, such implemeniaEion violakes Executive
Order 11246, as amended.)
c. Thecontracforwillencouragehispresentemployeestorefer
minority graup applieants for employment. Informatipn and proce-
dures with regerd to referring minority group applicants w�ll be
discussed with employees.
6. Personnel Actions: Wages, working conditions, and emplayee
benefts shall be established and administered, and personnel actions
oi every type, including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be kaken wikflout regard to
race, color, refigfon, sex, naiiona{ origin, age or disabiliry. 7he
follawing procedures shall be followed:
a. The conEractor will conduct periodic inspections of project
sites tn insure that working conditions and employee facilities do not
indicete discriminatory treatment of praject site personnel.
b. ihecontractorwillperiodicaliyevaluatethespreadofwages
paid within each classifcation to determine any evidence of discrimi-
natory wage praciices.
c. ihe confractor will periodicaily review selecked personnel
actions in depth to determine whetherthere is evidence of discrimina-
tion. Where evidence is found, the contractor will Promptly take
corrective actfon. If the rev3ew indicates that the d{scnminat�on may
ex#end beyond fhe actions reviewed, such corrective action shalE
include ail affected persons.
d. 7he contractor will promptiy investigate ali compfaints of
alleged discrimination made io the contractor in connection with his
obligations under this contracf, will attempt ta resolve such com-
plaints, andwill tafce appropriate corrective action within a reasonable
iime. If the investigation indicates that the discrimination may affect
persons other than the wmplainanf, such corrective action sha11
include such ather persans. Upan completion of each investigatlon,
the contractor will inform every compiafnant of all of his avenues of
appeal.
6. Training and Nromation:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minority group and women empioyees, and
applicants for employment.
b. Consistentwiththecontracto�sworkforcerequirementsand
as permissi6le under Federat and 5tate regulations, ihe contracfor
sha![ make full use of training programs, i.e., apprenticeship, and
on-the-jab training programs for Ehe geographica{ area af contract
performanae. Where feasible, 25 percent of apprentices or irainees
in each occupation shall be in their first year of apprenticeship or
iraining. In the event a special provision fartraining is provided under
this contract, this subparagraph wiil besuperseded as indicated in the
special provision.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance require-
ments for each.
d. The contracfor wilf periodicalty review the training and
promotion poiential of minoritygroup and women employees and will
encourage eligibte employees to appiy for such training and promo-
tion.
7. Unions: if the coniractor relies in whoie or in part upon unions
as a source of employees, the contractorwill use his/her best efforts
to obtain the cooperation ofsuch unions to increase opportunities for
Page 2
minority groups and women within the unions, and to effec# referrals
by sucf� unions of minority and femate employees. Actions by the
contractor either direct{y or through a contractor's association acting
as agent will include the procedures set fortn betow:
a. The coniractor will use best efforts to develop, in coopera-
tion with the unions, jotnt training programs aimed toward qualifying
more minority group members and women for membership in [he
unions and increasing the skills of minority group employees and
women s� thaE they may quafify for higher paying empioymenf.
b. The contractor will use best effarts to incorporate an EEO
c[ause into each union agreement to the end that such union will be
contractually bound to re%r applicants without regard to iheir race,
color, religfon, sex, nationa! origin, age or disability.
c. The contractor is to obtain informatton as to the refeaal
practices and polictes of the labor union except that to the extent
such informakian is within the exclusive possesslon of the labor unlon
and such labor union refuses to fumish such information to ihe
contrector, the contractor shaEl so certify fo the SHA and shal! set
forth what efforts have been made to ob�ain such information.
d. in the event the union is unabte to provide the contracior
with a reasonable flowaf minorifyand women referralswithin the time
limit set forth in the colfective bargaining agreement, the contractor
will, through independent recruitment efforts, fill the employment
vacancies wifhout regard ta race, color, rel(gion, sex, nationak origin,
age or disabiliry; making full efforts to obtain qualified and/or
qualiBable minorEty group persons and women. ('t'he DOL has held
that it shall be no excuse tha# the union with which the contractor has
a colleciive bargainfng agreement providing for exclusive referral
failed to refer cninnrity employees.} 1n lhe event the union referral
praatice prevents the contractor from meeting the obligaiions
pursuant ta Executive Order 11246, as amended, and these special
provisions, such contractor sha1E immediatety rtotify the SHA.
8. Selection of Subcontractors, Procurement of Materiais and
Leasing of Equipment: The contractorshall not discriminaie on #he
grounds of race, color, religion, sex, national origin, age or disability
in the selectian and retention of subcontractors, including procure-
ment of materials and leases of equipment.
a. The contractor shaEl notify all potential subcontractors and
suppliers of his/her EEO ablfgaitons underthis contract.
b. Disadvantaged business enterprises {DBE), as defined in49
CFR 23, shall have equal apportunity to compete for and perform
subcontracis which the coniractor enters info pursuant to this
contract. The contractor will use his best efforis to solicit bids from
and to ulilize DBE subcontractors or subcontractors w3th meaningful
minority graup and female representation among their empEoyees.
Contraciors shall obtain lists of DBE construction firms from SHA
personnel.
c. The contractorwill use his best efforts to ensure subcontrac-
for compliance with fheir EEO obligations.
9. Records and Reports: The contractorshall keep such records
as necessary ta document compliance with the EEO requirements.
Such records shall be retained for a period of three years following
completion of the coniract work and shall be available at reasonable
times and pfaces for inspection by authorized representatives of ihe
SHA and ihe FHWA.
a. The records kept by the contracfor shail documeni the
folfowing:
(9) The number of minority and non-minorliy group
members and wamen ernpioyed in each work classification on ihe
project;
(2) The pragress and efforts befng made in cooperafion
with unions, when applicable, to increase smpioyment opportunitles
tor minorities and women;
{3) The pragress and efforts being made in locating, hiring,
training, qualilying, and upgrading minority and iemate employees;
and
(4 The progress and efforts being made in securing ihe
services of BE suBcontractors or subcontractors with meaningful
minority and female representaiian among iheir employees.
b. 7he contractors will submit an annual report to the SHA
Form FNWA-9273 {Rev. 3-94}
each Juiy for the duration of the project, indicating the number of
minority, women, and non-minority group employees currently
engaged in each work classificatian required by the contract work.
This information is ta be reported on Farm FHWA-1391. If on-ihe
job training is being required by special provision, the confractorwill
be required to collect and report training daia.
III. NONSEGi2EGATEp FACILITIES
(Applicable to all Federat-aid construction contracts and to a1{
retated subconiracis of $10,000 or more.}
a. By submission of this 6id, the executian of ihis contract or
subcontract, or the consummation af this materiai supply agreement
or purchase order, as appropriate, the biddar, Federal-aid consfrua
tion contractor, subcontractor, material supplier, or vendor, as
appropriate, certi�es ihat ihe firm does not maintain or provide for its
employees anysegregated facilities at anyof its estabfishments, and
ihat the firm does noi permit its emptoyees ta perform their services
at any locatian, under its control, where segregated facilities are
maintained. The firm agrees that e breach of ihls certification is a
violation of the EEO provisions of this contract. The firm further
certifies that no employee wiil be denied access to adequate faeilities
on the basis of sex or disability.
b. As used in this certification, the terrn "segregated facilifies"
means any waiting rooms, work areas, restrooms and washrooms,
restaurants and aiher eating areas, timeclocks, locker raoms, and
other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportatlan, and housfng
facilities provided for employees which are segregated by explicit
directive, or are, in fact, segregafed on the basis ot race, color,
religion, nationai origin, age or disability, because of habit, local
custom, or otherwIse. 'Che onEy exception wiEl be for the disabled
when the demands for accessibility overnde (e.g. disabled parking).
c. The contractor agrees that it has obtained or will obtain
identical ceriification from proposed subcantractors or materiai
suppliers priorto award ofsubcontracts orconsumrnation ofmaterial
supply agreements of $10,000 ar more and that it wiA retain such
certifica#ions in its files.
kV. PAYMHNT dF PREDETERMINEti MINIMUM WAGE
(Applicabte to ali Federat-aid construotion contracts exceeding
52,000 and to all relafed subcontracis, except for projects tacated on
roadways classiBed as local roads orrurat minorcollectors, which are
exempt.)
1. General:
a. All mechanics and laborers employed or working upon tha
site of the work wlll6e paid unconditionally and not Iess often than
once a week and without subsequent deduction or rebate ort any
account jexcept such payrofl deduciions as are permifted by
regulatians (29 CFR 3) issued by the Secretary of Labor under the
Copeland Act (40 U.S.C. 276c)) the full amounts of wages and bona
Bde fringe benefiis (or cash equivalents thereo� due ai time of
payment. The paymeni shall be computed at wage rates nof less
than ihose contained in the wage determination of the Secretary of
Labor (hereinafter"the wage determination")which is attached hereto
and made a part hereaf, regardless of any contractual relationshtp
which may be alleged to exist beiween the coniractor or ils subcon-
tractars and such Eaborers and mechanics. The wage determination
(inciuding any additional classifications and wage rates conformed
under paragraph 2 aEthis Section iV and ihe DOL poster (WH-1321 }
or Form FHWA-1485) shatl be posted at a11 times by the contractor
and ifs subcontraciors ai the site of the work in a prominent and
accessible place where it can be easily seen by the workers. For ihe
purpase of Ehis Seciion, contributions made or costs reasonably
anticipated for bona fide fringe benefits under Section 1(b}(2) of the
Davis-Bacon Act (40 U.S.C. 278a) on behalf of laborers or mechanics
are considered wages paid to such laharers or mechanics, subject to
the provisions of Section IV, paragraph 3b, hereof. Aiso, for the
purpose of this Section, regular contribut�ons made or casts incurred
for more than a weekly period (but not less often than quarterEy)
under plans, funds, or programs, which cover the particular weekiy
pariod, are deemed io be constructivaly made ar incurred during such
weekiy period. Such laborers and mechanics shaEl be paid the
appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually periormed, without regard io
skill, except as provided in paragraphs 4 and 5 of this Section lV.
Form FHWA-1273 (Rev. 3-94}
b. Labarers or mechanics performing work in more ihan one
classification may be compensated at the rate specified for each
classi8cation for the time actually worked therein, provided, that the
employer's payroll records accurately setforth the #ime spenf in each
classification in which work is performed.
c. All rulings and inierpretations of the Davis-Bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herain incorporated
by reference in this contraet.
2. Classification:
a. Tbe SFEA contracting offioer shall require that any dass of
laborers or mechanics employed under lhe contract, which is noi
listed in the wage deterrnination, shall be classifed in conformance
with the wage determination.
b. The contracting officershall approve an additional ctassifica-
t(on, wage rate and iringe benefits on{y when the foilowing criferia
have been met:
(1} the wark io be performed by the additional classifica-
tion requested is not performed by a classification in the wage
determination;
(2) the additional classificaiion is utilized in the area bythe
construction mdusfry;
{3} the proposed wage rate, including any bona fide fringe
benefits, bears a reasonable retationship to the wage rates contained
in the wage determinaiion; and
(4) with respect to hefpers, when such a classification
prevails in the area in which ihe worlc is performed.
c. if the coniractor or subconiractors, as appropriate, the
laborers and mechanics (if knawn) to be employed in the additianal
classification or their reprasentatives, and the contracting o�cer
agree on the classifcation and wage rate (including #he amount
designated for fringe benefils where apprapriate), a reporE of ihe
action taken shail be sent by the cantrac6ng officer to the DOL,
Administratorof the Wage and Hour Division, Employment Standards
Administration, Washingtan, D.C. 20210. The Wage and Hour
Administrator, or an authorized represeniative, will approve, modify,
or disapprove every addltional classification action withm 30 days of
receipt and so advise ihe oontracting officerorwill notifythe contract-
ing o�cerwiihin the 30-day period that additionai time is necessary.
d. In the event the coniractor or subcontractors, as appropri-
ate, ihe laborers or mechanics to be empioyed in the additionai
classificaEion or their representatives, and ihe contrecting officer do
not agree on the proposed classiftoatian and wage rate {including the
amounk designated for fringe benefifs, where appropriate), the
contracting officer shall refer the questions, including the views of all
inleresied parties and the recommendation of the contracting officer,
to the Wage and Ftour Administrator for determination. Said
Administrator, oran authorized representative, will issuea determina-
fion wRhin 30 days ot receipt and so advise the contracting ofticer or
will notify the contraciing officer witbin the 30-day period that
additional tirne is necessary
e. The wage rate {including fringe benefits where appropriate)
determined pursuantto paragraph 2c or2d of this Section IV shalt be
patd to all Workers performing work in the additional classifrcation
from the first day on which work is per£ormed in the classification.
3. Payment of Pringe Benefits:
a. Wheneverthemin(mumwagerateprescribedinthecontract
for a class of laborers or rr�echanics includes a fringe benefiE which
is noi expressed as an houriy rate, the contractor or subcontracfors,
as appropriake, shail eiiher pay ihe bena�t as stated in the wage
determinatian or shaU pay another bona flde fringe benefit or an
hour�y case equivalsnt ihe�eof.
b. 1f the contractor ar subcontractar, as appropriaYe, does not
make payments to a trastee or other ihird person, he(she may
consider as a part of the wages oi any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, provided, fhaf the Secretary
of Labor has iound, upon the writien request of the contracfar, if�at
the applicable standards of ihe Davis-Bacon Acthave been met. The
Secretary of f.abor may require ihe contracEor to set aside in a
seperate aacount assets farthe meeiing of obligations under the plan
or program.
Page 3
4. Apprentices and Trainees (Programs offhe tJ.S. AOL} and
Helpers:
a. Apprentices:
(1 } Apprentices will be permit#ed to work at less than the
predetermined rate for the work they perfomted when they are
employed pursuanf to and individually registered in a bona fide
apprent�ceship program reglstered with ihe DOL, Employment and
Training Administratian, Bureau oi Apprenticeship and Training, or
wiih a State apprenticeship agency recagnized by the Bureau, or if a
person is empioyed in histher first 9a days of probationary emptoy-
ment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, buf who has been cefified by
the Bureau of Apprenticeship and 7raining or a Siate apprenticeship
agency (where appropriate) to be sligible for probationary employ-
ment as an apprentice.
(2) Theallowableratioofapprenficestojourneyman-fevel
employees on the job site in any craft ciassification shal) not be
greakerthan the ratfo permffted to the contractoras to the entire work
force underthe registered program. Anyemployee listed on a payrol!
at an apprentice wage rate, wha is not registered or otherwise
employed as stated above, shafl be paid not less than fhe applicable
wage rate Ilsted in the wage determ[nation for the classification of
workactuailyperformed. [naddition,anyappreniiceperformingwork
on the job siie in excess of the ratio permit(ed under ihe registered
program shall be paid not less than the applicable wage rate on ihe
wage determinaiion for the worK actuaily performed. Where a
contractororsubcontractoris perForming cbnstruction an a projecf in
a IocaliEy other ihan that in which its program is registered, the ratios
and wage rates expressed in percentages of the Joumeymen-level
hourty rate) spec fied 3n the contractor's or su6coniractor's registered
program shall 6e observed.
(3) Every appreniice must be paid at not less than the rate
specified in ihe regisiered program for the apprentice`s levei of
progress, expressed as a percenfage of the journeyman-levei houriy
rate specified in the applicable wage determination. Apprentices
shalt be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not
specify fringe bene8ts, apprentioes must be paid the fuil amount of
fringe bene8is Ilsied on the wage determination for the applicabls
classificafion. If ihe Adminisfrator for the Wage and Hour Division
determines that a different practice prevails for the appiicable
apprentice classificaGon, fringes shall be paid in accordance w�th ihat
deEermination.
(4) IntheeventtheBureauofApprenticeshipandTraining,
or a State apprenticeship agency recognized by the Bureau, with-
draws approval oi an apprenticeship program, the contractor or
subcontractorwilE no longerbe permitted io utilize apprenfices at less
than the applicable predetermined rate for the comparable. work
performed by regular empfoyees until an acceptable program is
approved.
b, Trainees;
{'E ) Except as provided in 29 CFR 5.16, frainees wiil not be
permitted to work at less ihan ihe predetermined rate for the wock
performed unless ihey are employed pursuant to and individually
registered in a programwhich has received priorapprqval, evidenced
by farma! certification by the DOL, Empfoyment and Training
Administration.
(2) The raiia ot trainees fo journeyman-level employees on
the job site shall not be greater ihan permitted under ihe plan
epproved by the Employmenf and Training Administrakion. Any
employee ]isted on the payroll at a trainee rate who is not registered
and pa�ticipating in a training plan approved by the Empfoyment and
Training Rdminisiration shail be paid not less than the applicable
wage rate on the wage determination for the classificatfon of work
actually performed. !n addition, any frainee pertorming work on the
job site in excess of the ratio permitted under the registered prograrn
shall be paid nai less than the applicabte wage rate on ihe wege
determination for the work actualty perfarmed.
{3) Every trainee must be paid at not less than the rate
specified in the approved program for his/her level of progress,
exgressed as a percentage of #he journeyman-levei houriy rate
specified in ihe applicabla wage determinaiion. Trainees shall be
paid f�inge benefits in accordance with the provisions of the trainee
program. If ihe trainee program does not mention iringe benefits,
trainees shall be paid the iull amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Nour
Page A
Division determines thai ihere is an apprenticeship program associ-
ated with ihe corresponding journeyrnan-level wage rate on the wage
determination which provides for less than full iringe benefits for
apprentices, in which case such frainees shalE receive the same
fringe benefits as apprentices.
{4} in the eventihe 6mployment and Trafning Administra-
tion wiihdraws a�proval of a tra(ning program, the contractor or
subcaniractor wil no longer be permilted to utilize trainees at Eess
than the applfcable predetermfned rate for ihe work performed untii
an acceptable program is approved.
c. Helpers:
}ielpers wiU be permitted to work on a project if lhe helper
classificat(on is specified and defined on the applicable wage
determination or is approved pursuant to the conformance procedure
set iorth in Section IV.2. Any worker listed on a payroli at a helper
wage rate, who is not a helper under a approved definition, shall be
paid not less ihan the applicable wage rate on the wage determina-
tion for the classification of work actually per�ormed.
5. Apprentices and Trainees {Programs of the U.S. DO7):
Appreniices and traineeswor[cing underapprenticeship and skill
training progrems which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal-aid
highway construction programs are not subject to the requirements
of paragraph4 ofthis Section IV. Thestraightiime hourlywage rates
forapprentfces and trairtees undersuch programs will be established
by ihe particular programs. The ratio of apprentices and trainees to
joumeymen shall not be greater than permitled by ihe terms of the
particular prograrn.
6. Withholding:
7he SHA shal! upon its own action or upon written request of
an euthorized representative af the D4[. wii6hold, or cause to Eae
wiihheld, from ihe contracfor or subcontractar under this caniract or
any other �ederal contract with !he same prime contractar, ar any
other Federally-assisted contract subject to Davis-Bacon prevailing
wage requirements which is held by the same prime contractor, as
much af the accrued payments or advances as may be cansidered
necessary to pay faborers and mechanics, inctuding epprentices,
trainees, and helpers, employed bythe contractor oranysubcantrao-
tor the full amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any apprentice,
trainee, or heiper, emptoyed or working on the site af ihe work, all or
part ofthewages required bythe contraci, the ShiA contracting officer
may, afterwritien notice to ihe contractor, take suah aciion as may ba
necessary to cause the suspension of any further payment, advance,
or guarantee of funds until such viotations have ceased.
7. Overtime Requirements:
No contraoior or subcontractor contracting for any part of the
contract work which may require or invoive the empioyment of
laborers, mecitanics, watchmen, or guards (Including apprentices,
trainees, and helpers described in paragraphs 4 and 5 above� shaU
require or permit any labarer, mechanic, watchman, or guard in any
workweek in which helshe 1s emp�oyed on such work, to work in
excess of 40 hours in such workweek unfess such laborer, mechanic,
watchman, or guard receives compensatian at a rate not less than
one-and-one-half times hislher basic rate of pay for aB haurs worked
in excess of 40 haurs in such workweek.
8. Violation:
liability for Unpaid Wages; Liquidated Damages: in fhe event
of any violation of the clause set forih in paragraph 7 above, ihe
contractor and any subcontractor responsible thereof shall be IiabEe
to the affecied emptoyee for hIs/her unpaid wages. In addition, such
contractor and subconfractor shall be liabEe to the United States (irt
the case of work done under contract for the District of Columbia or
a territory, fo such Distr(ct orto such territory} forliquidated damages.
Such liquidated damages sBa1i be computed with respect to each
individuai laborer, mechanic, watchman, or guard empfoyed in
violaiion of the clause set focih in paragraph 7, in the sum of $10 for
each calendar day on which such empioyee was required or permit-
ted ta work in excess of the standard work week of 46 hours without
payment of the overtime wages required 6y the ctause set forth in
paragraph 7.
9. WitAhoiding iar Unpaid Wages and �iquidated Damages:
Form FHWA-9273 (Rev. 3-34)
The S1iA shatl upon its own action or uporr written request oF any
authorized representaiive of the DOL wiihhoid, or cause to be
withheld, from any monies payable on accounf of work performed by
lhe contracioror subcontractor under any such contract or any other
Federal contract with tne same prime contractor, ar any other
Federaily-assisfed contract subjeck to the Coniract Work Hours and
Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any
liabilities of such contrackor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set iorth in paragraph
8 above.
V. STAT�MENTS AND PAYROLLS
(Appficable to all Federal-aid construction contracts exceeding
$2,000 and to aEl retated subcontracts, except for projects located on
roadways classified as lacal roads or rural collectors, which are
exempt.)
1. Comptiance with Copeland Regulations {29 CFR 3}:
The aontractor shall comply with the Copeiand Reguiations of the
Secretary of i.abor which are hecein incorporated by reference.
2. Payroils and Payrali Records:
a. Payrolis and basic records relating thereta shatl be
maintained by the contractor and each sabcontractor during the
course of the work and preserved for a period of 3 years trom ihe
date of compietion of the contract tor alt laborers, mechanics,
apprentices, tramees, watchmen, helpers, and guards working at the
site of the wark.
b. The payroll records shall contain the name, socia! security
number, and address of each such employee; his or her correct
classificatian; hourly rates of wages paid (inciuding rates of oontr36u-
tions or cosis ant(cipated for bona fide fringe benefits or cash
equivalent thereof the types described in Section 1(b)(2}(B} of the
Davis Bacon Act}; daily and weekly number of hours warked;
deducNons made; and actual wages paid. In addition, for Appala-
chian contracis, the payroll records shall contain a natatian ind(cat(ng
wheiher the employee does, or does not, normally reside in the labor
area as defined in Aitachment A, paragraph 1. Whenever fhe
Secretary of Labor, pursuant to Seciion IV, paragraph 3b, has found
that the wages of any laborer or mechanic include the amount of �ny
costs reasonably anticipaied in providing benefits under a plan or
program described in Section 1(b){2}(B} of the Davis Bacon Act, ihe
caniractor and each subcontractor shall maintain records which show
that the commitment to provide such benefits is enforceabie, that the
plan or program fs fcnanciaily responsible, that the plan or program
has been communicated in writmg to the laborers or mechanics
affected, and show the cost ant(cipaied or the actuai cost incurred in
providing benefits. Contractors or subcantractors employing
apprentices or trainees under approved programs shall maintain
written evidence oi the registration of appreniices and trainees, and
ratios and wage rates prescritred in the applicable programs.
c. Each contractor and subcontractorshall turnish, each week
in which any contract work is performed, to the SHA resident
engineer a payroll of wages paid each of its employees (including
apprentices, trainees, and heipers, described in Section IV, para-
graphs 4 and 5, and watchmen and guards engaged on worEc during
the preceding weekiy payroll period}, The payrol[ submitted shall set
out accurately and complefefy ali of fhe information required to be
maintained under paragraph 2b of this 8ecfion V. This information
may be submitted in any form desired. 0Ptio�al Farm WN-347 is
availabie for ihis purpose and may be purchased from the Superin-
tendent of Documenis (Federal stock number 029-005-0014-9), U.S.
Government Printing O�ce, Washington, D.C. 20402. The prime
contractor is responsible for ihe submission of copies of payrolis by
all subcontractars.
d. Each payroll submitted shail be accompanied by a"State-
ment of Compliance," signed by #he coniractor or subcantractor or
hislher agent who pays or supervises ihe payment of ihe persons
employed under the contract and shali cerlify the following:
(1) thet the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of this
Section V and that such information is correct and compiete;
(2} that such laborer or mechanic (includin� each heiper,
apprentice, and tra€nee) employed on the contract dunng the payroll
period has been paid ihe full weekiy wages eamed, withaut rebate,
e�ther directly or indirectiy, and that no deductions have been made
Form FHWA-1273 (Rev. 3-94)
either directly or indirectly from the fulE wages earned, oiher than
permissible deductions as set forih in the Regulatians, 29 CFR 3;
(3} that each laborer or mechanic has been paid not less
that the applfcable wage rate and fringe benefits or cash equivafent
for the cfassification of worked performed, as specified in ihe
applicable wage determinaEfon incorporated into the contract.
e. The weekiy submission of a properly execute8 cerfification
set forth on the reverse sicie of Opiional Form WH-347 shall satisfy
the requirement for submfssion of ihe "Statement of Compliance"
required by peragraph 2d of this Section V.
f. The falsification of any of the above cer[iftcations may
subjecf the confracforto civil orcriminel prasecution under 18 U.S.C.
1001 and 31 U.S.C. 231.
g. The contractor or subconiractor shall make the records
required under paragraph 2h of ihis SecBon V available for inspec-
tion, copying, or transcription by authorized representatives of ihe
SHA, the FHWA, ar the bQL, and shall permit such representatives
to interview empioyees during working hours on the job. if the
confracfor or subcontracior faifs to submit the requtred �ecords or ta
make them availabie, fhe BHA, the FHWA, ihe DOL, orall may, after
written nofice to ihe contractor, sponsor, applicant, or owner, take
such actions as may be necessary to cause ihe suspension of any
further payment, advance, or guarantee of funds. Furthermore,
failure ta submit the required records upan request or to make such
records available may be grounds for debarment action pursuant to
29 CFR 8.12.
VI. RECORd QF MATERIALS, SUP?LIES, AND LABQR
1. On afl Federal-aid conlracts on the National Highway System,
except those which provide solely far the installakion of protective
devices at railroad grade crossings, those which are canstructed on
a force account or direct labor basis, highway beautiflcation contracts,
and contraots for which the fotal final cons#ruction cosE for roadway
and bddge is less ihen $1,Q00,��0 {23 CFR 635) the contractorsha{I:
a. Become familfar with the list of speci8c matedals and
supplies contained in Form FHWA-47, "5tatement of Materials and
Labor Used by Contractor of H3ghway Construct(on Involving Federai
Funds," prior ta the camrrzencement of work under khis cantract.
b. Maintain a recard af #he totat cost of atf materials and
supplies purchased for and incorporated in the work, and also of the
quantities of those spec3flc materlals and supplfes lisied on �'orm
FiiWA-47, and in the units shown on Form FfiWA-47.
c. Furnish, upon the completion of the coniract, to the SHA
resident engineer on Form FHWA-47 togetherwith the daka required
in paragraph 9b relative to materials and supplies, a finai labor
summary of all contract work indicating the total hours worked and
the total amount earned.
2. At ihe prime contractors opt(on, either a single report covering
al! contracE work or separate repor#s for the cantractor and for each
subcontract shall be submitted.
Vii. SUBLE'E't7NG ORASSiGNtNG THE CON7RACi
1. The contractor shall perform with its own organtzaiion contract
work emaunting to not tess than 30 percenk (or a greater percentage
if specified efsewhere in the contract} of the total original contract
price, exciuding any specialty items designated by the State.
Specialty items may be performed by suhco�iract and the amount of
any such specialty items performed may be deducted from the total
original contract price before compuiing the amount ofwork required
to be perFormed by the contracto�'s own organizafion (23 CFR 635).
a. "Its own organization" shall be construed ia include oniy
workers employed and paid directly by the prime contractor and
equipment owned or rented by t(�e prime contractor, with or without
aperatars. Such term does not include employees or equipment oi
Page 5
a subconiracfor, assignee, or agent of the prime coniractor.
b. "Specialty Items" shall be construed to be iimited to work
ihat requires highlyspecfa]ized knowledge, abilities, orequipment nat
ordinanly available in the type of contracting organizaifons qualifled
and exgected to bid on the contract as a whofe and in general are to
be limited to minor components of ihe overall contract.
2. The contract amount upon whfch the requiremants set forth (n
paragraph 1 of Seotion VII Is computed incEudes the cost of material
and manufactured products which are to be purchased or produced
6y the contrector under the confract provisians.
8. The contrector shall furnish (a) a competent superintendent or
supervisor who [s emptoyed by the firm, has full authority ia direct
periormance of fhe work in accordance wiFh the contract require-
ments, and is En charge of atl construciion operations (regardless af
wha performs the work) and (b) such other of its awn organizational
resources (supervision, managemenE, and engineering services) as
the SHA conFracting officer determines is necessary to assure the
performance af the contract.
4. No portion afthe contractshall be sublet, assigned orotherwise
disposed of except with the wriiten consent of the SFiA contracting
officer, or auihorized represenfative, and such consent when given
shall not he construed to rel(eve the contractor of any respansibiliiy
for the iulfiliment of the contract. Written consent will be given only
after the SHA has assured that each subcontract is evidenced in
wriiing and that it contains alf pertinent provisions and requirements
of ihe prime coniract.
VIII. SA�E'i'Y: AGCID�NT PREVEhiTION
1. In the performance of this contract the contractor shall comply
with ali applicable Federai, State, and local laws governing safeiy,
healih, and sanitation (23 CFR 635). The contractar shall provide all
safeguards, safety devices and protective equipmenf and take any
oiher needed actions as it determines, or as the SHA contracting
officer may determine, to be reasonably necessary to protect the life
and heafth of employees on the job and the safety oi the public and
to protect property in connecfion wifh tha performance of the work
covered by the contract.
2. it is a condition of lhis contracf, and shall be made a condition
of each subcontract, which the cantractorenters into pursuant to this
contract, that the contracfor and any subcontractar shall not permit
any employee, in performance of the contract, to work in surround-
ings or under conditions which are unsanitary, hazardous ordanger-
ous to hislher healkh or safety, as determined under consiruction
safety and heaith stan8ards (29 CFR 1926) promulgated by the
Secretary of Labor, in accordance wiih Section 907 of the Contract
Work Hours and Safety Standards Act (40 U.S.G. 333).
3. Pursuant to 29 CFR 1326.3, it is a condltion ofthis contract that
the Secretary of Labor or authorized representative thereaf, shail
have right of entry io any s{te of contract performance to inspect or
investigafe the matter of compliance with the construction safety and
heaflh standards and to oarry out the duties of the Secretary under
Section 107 of the Contract Work Hours and Safefy Standards Act
(40 U.S.C. 333}.
IX. FALSE STATEMEN73 CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in confor-
rt�ity with approved ptans end specifications and a high deqree of
reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federai-aid highway projects,
it is essential ihat all persons concemed with the project perform iheir
functions as caretully, thoroughly, and hanesily as possible. Wilifuf
falsificalion, distortion, or misrepresentation with respectto anytacis
related to the project is a viofation of Federal law. To prevent any
misundersianding regarding the seriousness of these and simiEar
acts, the following notice shall be posted an each Federat-aid
highway projeot (23 CFR 635) in one or more piaces where it is
readily available to all persons concerned wilh the project:
NpTiCE TO ALL PERSONNEL ENGAGED ON FEDERAI.•AlR
HIGHWAY PRdJEC35
i8 U.S.C. 1020 reads as follows:
"Whoever, being an o�cer, agent, or emplayee of the Unrted
States, or of any State a� Territory, or whoever, whether a person,
associafion, firm, or corporailon, knowingJy mekes any false state-
ment, faise represeniafton, orfalse report as to the character, quality,
Page 6
quantiiy, or cost of the materiat used or to be used, or the quantity or
qualify of the work performed orfo be performed, or fhe cost thereof
in connectio» wiih the submissiort of plans, maps, speclficafions,
contracfs, orcostsofconsfructlonnnanyhighwayorrelafedpraject
submitled for approval to the Secretary of Transportafton; or
Whoeverknowingly makes any farse statement, fatse representa-
fion, fa)se report or false claim wiih respect fo the characfer, quality,
quantity, or cost of any work per{ormed or to be performed, or
materials furnished or to be fumished, in con»ection with ihe
construction of any highway or retafed Aroject approved by fhe
Secrefary of Transportatian; or
Whoeverknowinglymakes anyfalse statemenf orfalse representa-
tion as to material fact in any statement, certiflcate, or reporF
submftted pursuant to provlsfons of the Federal-aid Roads Act
apprrsved July 9, 't816, (39 Stat. 355j, as amended and supple-
menfed,-
5hal! be �ned not more thaf $10,000 or imprisoned not more than
5 years or both."
X. 1MPLEMENTATION OF CLEAN AIR ACT AND FEDEftAL
WA7�R POLLUTEON CQNTROL ACT
(Applicable to all Federat-aid construetion contracts and to all reiated
subcontracts of $104,OOd or more.)
6y submission of this btd or the execution of this contract, or
subcontract, as appropriate, the bidder, Federal-aid construction
contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
1. That any facility that is ocwill be utilized in the per{ormance of this
contract, uNess such contrect is exempt underthe C{ean AirAct, as
amended {42 U.S.C. 1857 et se,�c ., as amended by Pub.L. 91-604},
and under the Federat Water Pollution Control Act, as amended {33
IJ.S.C.1251 et s�., as amended by Pub.L. 92-500), Executive Order
91738, and regulations in imp�ementation ihereof {40 CFR 15} is not
listed, on ihe date of contract award, on the U.S. Environmental
Protection Agency (EPA) List of Violating Facifities pursuant to 4U
CFR 15.24.
2. That the firm agrees to compty and remain in compliance with alf
the requiremants of Sectian 194 of the Clean AirAct and Section 308
of the Federa! Water Folluilon Control Act and all regulations and
guidelines lisied thereunder.
3. That the firm shall promptly notify ihe SHA of the receipt of any
communication from ihe Director, Office of Federal Activities, EPA,
indicating that a facility that is or will be uiilized for the contract is
under consideration to be [isied on the EPA �ist of Violafing Facilities.
4. That the firm agreas ta include or cause to be included the
requirements af paragraph 1 through 4 of ihis Section X in every
nanexempt subcontract, and furtheragrees to take such action as the
government may direct as a means of enforcing such requiremenks.
Xl. CERTIFICATION REGARDING DEBARMENT, SFJSPENSION,
INEL161BILIT`! AND VOLUN7ARY EXCLUSION
9, lnsfructions for Certification - Primary Covered Transac-
tions:
(Applicabte to ai� Federal-aid contracts - 49 GFR 29}
a. By signing and submitIIng this proposal, the prospective
primary participant is providing the certificahon set out betow.
b. The inability of a person ta provide the cerfification set out
below wil! not necessarily result in denial of participation in ihis
covered transaction. The prospeciive pariicipant shali submit an
explanation of why it cannot provide the cerlification set out below.
l"he certification or explanation will be considered in connection with
the department or agenc�s determination whether to enter inta ihis
transaction. Mowever, failure of the prospeotive primary pa�ticipant
ta furnish a certification or an explanation shall disquali{y such a
person from participation in this transaction.
c. The certificatian in this clause is a material representation
of fact upon wh€ch relianae wes placed when the deparlment or
agency determined to enter inta this iransaction. lf it is later deter-
mined that the prospective primary participant knowingiy rendered an
erroneous certification, in addifion to other remedies available to fhe
Federal Government, the depaftment or agency may terminate ihis
Form FHWA-1273 (Rev. 3-94}
transaction for cause of default.
d. The prospective primary parficipantshall provlde immediate
written notice to the depanment or agency to whom ihis proposal is
submit#ed if any iime the prospective primary participant learns that
its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
e. The terms "covered transaction; "'debarred," "suspended,"
"ineiigible," "lower tier covered fransaction," "pariicipant," "person,"
"prirnary covered transaction," "prindpaE," "proposal,"and "voluntarily
excluded;' as used in this clause, have the meanings se# out in the
Definitions and Caverage sect9ons of rules implementing Executive
Order 12549. You may cantact the depariment or agency to which
#his proposal is submitted for assisiance in obtaining a capy of those
regulations.
f, Theprospectiveprimaryparticipantagreesbysubmittingthis
propasal that, shautd the proposed covered transaction be entered
into, it shaU not knowingly enter into any lower tier covered transac-
tton with a person who is debarred, suspended, declare8 ineligible,
orvaluntarilyexcluded from participation in this covered transaction,
unless authorized by the department or agency enfering into this
transaction.
g. 7'he prospective primary participant furiher agrees by
submitting this proposal that it will inciude the clause titled "Certifica-
tion Regarding Debarment, 8uspension, Ine[igibifity and Vofuntary
�xclusion-Lower Tier Covered Transaction,' provided by the
department or agency enterittg into this covered transaciion, wlthout
modification, in all lower Eier covered transactions and in afl solicifa-
tions for lower tier covered iransactions.
h. A participant in a covered transacfion may rely upon a
certificatiort of a prospective participant in a tower tier covered
transaction that is not debarred, suspended, ineligible, orvoiuntarily
exctuded from the covared transaction, unless i! knows that Ehe
certification is erroneous. A participant may decide the method and
irequency by which it determines the eligibility of its principals. Each
participant may, but is not required ta, check fhe nonprocurement
poriion af the "Lists of Parlies Excluded From Federal Procurement
or IVonprocurement Programs" (Nonprocurement List} which is
compiled by the General Services Administration.
i. Nothing contained in ihe foregoing shail tie construed to
require establishment of a system of records in order #a render in
good faith the certification rec�uired by this clause. The knowledge
and lnformation of pariicipank �s not requ(red to exceed ihat which is
normaliy possessed by a prudent person in the ordinary course of
business dealings.
j. Eaccept for transaetions authorized under paragrapft f of
these instrucFions, if a participanf in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligibCe, or voluntari(y excluded from
particlpation in this transaction, in addition to oihecremedies available
to the FederaE Govemment, the department or agency may terminate
ihis transaciion for cause or default.
Certification Regarding Debarment, Suspension,lneligibility
end Vo[untary Exclusion--Primary Covered Transactions
1. The prospective primary participant canifies to the best of its
knowtedge and belief, that it and its prmcipals:
a. Are not presently debarred, suspended, praposed for
debarmenf, declared ineligibie, or voluntarily excluded from covered
transactions by any Federal depariment or agency;
b. Have not wfihfn a 3-year period preceding this proposal
been convicted of or had a civil judgement rendered against them for
commission of fraucf or a criminal offense in connection with obtain-
ing, aftempting ta obtain, or performing a public (Federai, State or
lacal} iransaction or contract under a public transaction; violation of
Federal or Staie anGtrust statutes or commission of embeulemenk,
theft, forgery, bribery, falsificaiion or destruciion of records, making
false statements, ar receiving stolen property;
c. Arenotpresentlyindfctedfororotherwisecriminallyorcivilty
oharged by a governmental entity {Federaf, State or local) with
commission of any of the offenses enumerated in paragraph 1 b of
lhis certificaiion; and
d. Have not within a 3-year period preceding this applica-
iionlproposal had one or mare pubfic transactions (FederaE, Staie or
local) terminated for cause or defauit.
2. Where the praspecfive primary parlicipant is unabfe to certify to
anyofthe statements in ihis certification, such prospective participant
shafi attaoh an explanation to th'ts proposal.
t....
2. Instructions for Cer#iftcation -LowerTier Covered Transac-
tions:
{Applicable to aU subconfracts, purchase orders and other Iower
tier transactions of $25,060 or more - 49 CFR 29}
a. Sy signing and submitting this proposai, the prospective
lower tier is providing the certi6cation set aut below.
b. The certificailon in this ciause is a material representation
of fact upon which reliance was placed when this transaction was
entered into. lf it is la#er determined that ihe prospective lower 6er
participant knowingly rendered an erroneous certification, in addition
to other remedies avaitable to the Federal Government, the depart-
ment, or agency with which this transaction originated may pursue
available remedies, Inc[uding suspension andlor debarment.
c. The prospective lower tier participant shall provide immedi-
ate written notice to ihe person to which ihis proposal is submitted if
ai any time the prospective lower tier participant Iearns that its
certificaiion was erconeous by reason of changed circumstances.
d. 7he terms "covered transaotio»," "debarred; "'suspended,"
"inellgible," "primary covered transaction," "participant," "person,"
"principal," "proposal," and "voluntarily excluded,° as used in this
clause, have the meanings set out in ihe Definifions and Caverage
seciions of rules implementing Executive Order 12549. You may
contact ihe person to which this proposal is submitted fflr assistance
in obtaining a copy of those regulations.
e. The prospective lower tier paKicipant agrees by submitting
this proposal ti►at, should the proposed covered fransaction be
entered into, it shall not knowing{y enker into any lower tter covered
transaction wiih a person who is debarred, suspended, declared
ineligible, or votuntariiy excluded from participation in this covered
transaction, uniess autharized by the department or agency with
which ihis fransaction originated.
f. The prospective Iower tier participant iurther agrees by
submiifing this proposal thai itwili include this clause titled "Certifica-
tion Regardiog Debarment, Suspenston, Ineltgibility and Voluntary
Exclusion-Lower Tier Covered Transaciion," without modificaEion, in
a11 lower tier covered transactions and in all soliciiaiions for Iower tier
covered transactions.
g. A participant in a covered transaction may rely upon a
certification of a prospective parlicipant in a lower iier covered
transaction that is not debarred, suspended, 3neligible, orvoluntarily
exctuded from the covered transaction, unless it knows titiat ihe
certiBcat[on is erroneous. A participant may decide fhe method and
Form FHWA-9273 (Rev. 3-94) ' Page �
frequency hywhich it determines the eligibility of its principals. Each
participant may, but is not required to, check the Nonprocurement
List.
h. Nothing contained in fhe ioregoing shall be construed to
require esfablishment of a sysEem of records in order to render in
good faith the certificatlon requfred by this clause. The know(edge
and information of participant is not raquired to exceed ihat which is
normally possessed by a prudent person in the ordinary course of
business dealings.
i. Except for transactions authorized under paragraph e of
these instruciions, if a participant in a coverec! transaction knowingly
enters into a lower tier covered transaction with a persan who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addiiion to otfier remedies available
to ihe Federal Government, the department ar agency with which this
transaction originated may pursue available remedies, inciuding
suspension andlor debarment.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion--Lower3'ier Covered Transactions:
1. 7he prospective lowertierparticipant cerlifies, by submission of
this proposal, that neither it nor its principals is presenily debarred,
suspertded, proposed for debarment, declared ineligible, or voiun-
tarily exciuded from participation in this transaction by any Federal
department or agency.
2. Where the prospective lower tier participant is unabfe to certify
to any af the statements in this certiflcation, such prospeciive
participant sttall attach an axplanation to this proposal.
xsxtr
Page 8
XII. GER71FiCATION REGARDiNG USE OF CONTRACT FUNQS
FOR LpBBY1t3G
rela etl subcontracts wh ch exc ed $9 QO,OOOn 49 CFR 2pjnd ta ali
1. The prospeciive participant ceriifies, by signing and submitting
this bid or proposal, io ihe best of his or her knowledge and belief,
tnat:
a, No Federal appropriated funds have been paid ar will be
paid, by or on behalf ofthe undersigned, Eo anyperson for in8uencing
or attempting to influence an officer or employee af any Federal
agency, a Member of Congress, an officer or employee of Congress,
or an employee oi a Member af Congress in connectlon with the
awarding of any Federai contract, the making of any Federai grant,
the making oF any Federal loan, the entering (nto of any cooperative
agreement, andthe extens(on, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement.
b. If any funds other ihan Federal appropriated funds have
been paid or will be paid to any person for influencing or aitempting
to influence an offioeror employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an emplayee of
a MemberofCongress in connection with this Federal contraci, granf,
loen, or cooperative agreement, the undersigned shall camplete and
submit Standard Form-LLL, "Disclasure Form to F2eport Lobbying," in
accordance with 3ts instructions.
2. This certification is a material representation oifact upon whfch
reliance was placed when this transacUon was made or entered into.
Submission of this cer#ifcation is a prerequisite iormaking or entering
into this transaction imposed by 31 U.S.G. 1352. Any person who
fails to file the required certification shall be subject to a civil penaify
of not less than $10,000 and not more ihan $900,OQ0 for each such
faifure.
3. The prospecfive participant alsa agrees by submitting his ar her
bid or proposat tltal he or she shafl require that the language of this
certification be inciuded in all ►ower tler subcontracis, which exceed
$100,000 and that all such recipients shall certify and disciose
accordingiy.
Form FHWA-1273 (Rev. 3-94)
AiTACHMENTA- EMPLOYMENTPE2E�'E}2ENCEFOR
APPALAGNIAN CONTl2ACTS
(Applicabie to Appalachian co»tracts only.)
1. During the performance of this contract, the contractor under-
taking to da work which is, or reasona6ly may be, done as on-site
work, shall give preference to quatifled persons who regularly reside
in ihe labar area as designated by the DOLwherein ihe contractwork
is situated, or ihe subregion, or the Appalach€an counties of the State
wherein the contract work is situated, except:
a. To ihe extent ihat quaiified persons regularly residing in
the area are not available.
b. For the reasonabie needs of the contractor to empioy
supervisory or specially experienced personnel necessary to assure
an efficient executfon of the contract work.
c. Forthe obligation of the contractor ta offer emplayment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonrasident persons
employed uoder thts subparagraph 1 c shalf not exceed 20 percent of
ihe totai number of emptoyees employed by the contractor on the
coniraci work, except as prov(ded in subparagraph R below.
2. The contractor sha11 place a Job order with the Slate Employ-
ment Service indicating a) fhe classifications af the laborers,
mechanics and other emp oyees required fo perform the contract
work, (b} the number of employees required in each ciassifcation,
Form FHWA-1273 (Rev. 3-84)
(c) ihe date on which he estimetes such employees will be required,
and (d) any otherpertinent information requtred byfhe State Employ-
ment Service to camplete ihe job order form. The job order may be
placed with the State Emptoyment Service in wdting or by telephone.
Ifduring the course ofthe contractwork, the information submitted by
the coniractor in the original Job order is substaniialiy modified, he
shall promptiy notify the State Employment Service.
3. The contractor shall give fuil consideration to all qualified job
applicants referred to him by the Stake Employment Service. The
contraetor is not required to grank employment to anyjob applicants
who, in his apinion, are not qualified ta perform the ciassiiication af
work required.
4. If, within 9 week following the placing of a jab order by the
contraciorwith the Sfate EmploymentService, the State Empioyment
Service is unable to refer any qualitied job applicants to the contraa
tor, or tess than the number requested, the Sfate Employment
Service will facward a certificate ta the contractor indicating the
unavailabiliiy of applicants. Such certificate sbalt be made a part of
fhe contrackor's permanent project records. Upon receipt of this
eer�ificate, the coniractor may employ persons who do nof normally
reside in the tabor area ia fill positions covered by the certificate,
notwiihstanding ihe provisions of subparagraph 1 c above.
5. The contractor shall include ihe provisions of Sections 1
through 4 oi this Attachment A in every subcontract forwork which is,
or reasonably may be, done as on-s3te work.
Page 9
2004 Specifications
�
SPECIAL PROVISION
000---003
Notice to All Bidders
To report bid rigging activities call:
�
1-800-424-9071
The U.S. Department of Transportation (DOT) operates the above toll-free "hotline" Monday
through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid
rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such
activities.
The "hotline" is part of the DOT's continuing effort to identify and investigate highway
constiuction contract fraud and abuse and is operated under the direction of the DOT Inspector
General. All information will be treated confidentially and caller anonymity will be respected.
1-1 000---003
OS-04
2004 Specifications
SPECIAL PROVISION
000---004
Notice of Requirement for Affirmative Action to Ensure Equal Employment
Opportunity (Executive Order 11246)
1. General. In addition to the affirmative action requirements of the Special Provision titled
"Standard Federal Equal Employment Opportunity Construction Contract Specifications" as
set forth elsewhere in this proposal, the Bidder's attention is directed to the specific
requirements for utilization of minorities and females as set forth below.
2. Goals.
a. Goals for minority and female participation are hereby established in accordance with
41 CFR 60-4.
b. The goals for minority and female participation expressed in percentage terms for the
Contractor's aggregate work force in each trade on all construction work in the covered
area, are as follows:
Goals for minority Goals for female
participation in participation in
each trade (per- each trade (per-
cent) cent)
See Table 1 6.9
c. These goals are applicable to all the Contractor's construction work (whether or not it is
Federal or federally assisted) performed in the covered area. If the Contractor performs
constiuction work in a geographical area located outside of the covered area, it shall
apply the goals established for such geographical area where the work is actually
performed. With regard to this second area, the Contractor also is subject to the goals
for both its federally involved and non-federally involved construction. The
Contractor's compliance with the Executive Order and the regulations in 41 CFR Part
60-4 shall be based on its implementation of the Standard Federal Equal Employment
Opportunity Construction Contract Specifications Special Provision and its efforts to
meet the goals. The hours of minority and female employment and training must be
substantially uniform throughout the length of the contract, and in each trade, and the
Contractor shall make a good faith effort to employ minorities and women evenly on
each of its projects. The transfer of minority and female employees or trainees from
Contractor to Contractar or from project to project for the sole purpose of ineeting the
Contractor's goals shall be a violation of the contract, the Executive Order and the
regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against
the total work hours performed.
1-5 000---004
OS-04
f
d. A contractor or subcontractor will be considered in compliance with these provisions
by participation in the Texas Highway-Heavy Branch, AGC, Statewide Training and
Affirmative Action Plan. Provided that each contractor ar subcontractor participating
� in this plan must individually comply with the equal opportunity clause set forth in 41
x
CFR 60-1.4 and must make a good faith effort to achieve the goals set forth for each
participating trade in the plan in which it has employees. The overall good
performance of other contractors and subcontractors toward a goal in an approved plan
� does not excuse any covered contractor's or subcontractor's failure to make good faith
efforts to achieve the goals contained in these provisions. Contractors or subcontractors
participating in the plan must be able to demonstrate their participation and document
their compliance with the provisions of this Plan.
3. Subcontracting. The Contractor shall provide written notification to the Department within
10 working days of award of any construction subcontract in excess of $10,000 at any tier
for construction work under the contract resulting from this solicitation pending concurrence
of the Department in the award. The notification shall list the names, address and telephone
number of the subcontractor; employer identification number; estimated dollar amount of
the subcontract; estimated starting and completion dates of the subcontract; and the
geographical area in which the contract is to be performed.
4. Covered Area. As used in this special provision, and in the contract resulting from this
solicitation, the geographical area covered by these goals for female participation is the
State of Texas. The geographical area covered by these goals for other minorities are the
counties in the State of Texas as indicated in Table 1.
5. Reports. The Contractor is hereby notified that he may be subject to the Office of Federal
Contract Compliance Programs (OFCCP) reporting and record keeping requirements as
provided for under Executive Order 11246 as amended. OFCCP will provide direct notice
to the Contractor as to the specific reporting requirements that he will be expected to fulfill.
2-5 000---004
OS-04
County
Anderson
Andrews
Angelina
Aransas
Archer
Armstrong
Atascosa
Austin
Bailey
Bandera
Bastrop
Baylor
Bee
B ell
Bexar
Blanco
Borden
Bosque
Bowie
Brazoria
Brazos
Brewster
Briscoe
Brooks
Brown
Bm•leson
Burnet
Caldwell
Calhoun
Callahan
Cameron
Camp
Carson
Cass
Castro
Chambers
Cherokee
Childress
Clay
Coclu an
Coke
Coleman
Collin
Collingsworth
Colorado
Comal
Comanche
Table 1
Goals for Minority
Participation
22.5
18.9
22.5
44.2
11.0
11.0
49.4
27.4
19.5
49.4
24.2
11.0
44.2
16.4
47.8
24.2
19.5
18.6
19.7
27.3
23.7
49.0
11.0
44.2
10.9
27.4
24.2
24.2
27.4
11.6
71.0
20.2
11.0
20.2
11.0
27.4
22.5
11.0
12.4
19.5
20.0
10.9
18.2
11.0
27.4
47.8
10.9
County
Concho
Cooke
Coryell
Cottle
Crane
Crockett
Crosby
Culberson
Dallam
Dallas
Dawson
Deaf Smith
Delta
Denton
DeWitt
Dickens
Dimmit
Donley
Duval
Eastland
Ector
Edwards
Ellis
El Paso
Erath
Falls
Fannin
Fayette
Fisher
Floyd
Foard
Fort Bend
Franklin
Freestone
Frio
Gaines
Galveston
Garza
Gillespie
Glasscock
Goliad
Gonzales
Gray
Grayson
Gregg
Grimes
Guadalupe
Goals for Minority
Participation
20.0
17.2
16.4
11.0
18.9
20.0
19.5
49.0
11.0
18.2
19.5
11.0
17.2
18.2
27.4
19.5
49.4
11.0
44.2
10.9
15.1
49.4
18.2
57.8
17.2
18.6
17.2
27.4
10.9
19.5
11.0
273
17.2
18.6
49.4
19.5
28.9
19.5
49.4
18.9
27.4
49.4
11.0
9.4
22.8
27.4
47.8
3-5 000---004
OS-04
County
Hale
Hall
Hamilton
Hansford
Hardeman
Hardin
Han�is
Hairison
Hartley
Haslcell
Hays
Hemphill
Henderson
Hidalgo
Hill
Hockley
Hood
Hopkins
Houston
Howard
Hudspeth
Hunt
Hutchinson
Irion
Jack
Jackson
Jasper
Jeff Davis
Jefferson
Jim Hogg
Jim Wells
Johnson
Jones
Karnes
Kaufman
Kendall
Kenedy
Kent
Kerr
Kimble
King
Kinney
Kleberg
Knox
Lamar
Lamb
Lampasas
LaSalle
Goals for Minority
Participation
19.5
11.0
18.6
11.0
11.0
22.6
27.3
22.8
11.0
10.9
24.1
11.0
22.5
72.8
18.6
19.5
18.2
17.2
22.5
18.9
49.0
17.2
11.0
20.0
17.2
27.4
22.6
49.0
22.6
49.4
44.2
18.2
11.6
49.4
18.2
49.4
44.2
10.9
49.4
20.0
19.5
49.4
44.2
10.9
20.2
19.5
18.6
49.4
County
Lavaca
Lee
Leon
Liberty
Limestone
Lipscomb
Live Oak
Llano
Loving
Lubbock
Lynn
Madison
Marion
Martin
Mason
Matagorda
Maverick
McCulloch
McLennan
McMullen
Medina
Menard
Midland
Milam
Mills
Mitchell
Montague
Montgomery
Moore
Moiris
Motley
Nacogdoches
Navan•o
Newton
Nolan
Nueces
Ochilt�•ee
Oldham
Orange
Palo Pinto
Panola
Parker
Patmer
Pecos
Polk
Potter
Presidio
Rains
Goals for Minority
Participation
27.4
24.2
27.4
27.3
18.6
11.0
44.2
24.2
18.9
19.6
19.5
27.4
22.5
18.9
20.0
27.4
49.4
20.0
20.7
49.4
49.4
20.0
19.1
18.6
18.6
10.9
17.2
27.3
11.0
20.2
19.5
22.5
17.2
22.6
10.9
41.7
11.0
11.0
22.6
17.2
22.5
18.2
11.0
18.9
27.4
93
49.0
17.2
4-5 000---004
OS-04
County
Randall
Reagan
Real
Red River
Reeves
Refugio
Roberts
Robertson
Rockwall
Runnels
Rusk
Sabine
San Augustine
San Jacinto
San Patricio
San Saba
Schleicher
Scui�y
Shackelford
Shelby
Sherman
Smith
Sometvell
Stair
Stephens
Sterling
Stonewall
Sutton
Swisher
Tairant
Taylor
Tei7•ell
Tei7y
Throckmorton
Titus
Tom Green
Travis
Triniry
Tyler
Upshm•
Upton
Uvalde
Val Verde
Van Zandt
Victoria
Walker
Waller
Ward
Washington
Goals for Minority
Participation
9.3
20.0
49.4
20.2
18.9
44.2
11.0
27.4
18.2
20.0
22.5
22.6
22.5
27.4
41.7
20.0
20.0
10.9
10.9
22.5
11.0
23.5
17.2
72.9
10.9
20.0
10.9
20.0
11.0
18.2
11.6
20.0
19.5
10.9
20.2
19.2
24.1
27.4
22.6
22.5
18.9
49.4
49.4
17.2
27.4
27.4
273
18.9
27.4
County
Webb
Wharton
Wheeler
W ichita
Wilbarger
Willacy
Williamson
Wilson
Winkler
Wise
Wood
Yoakum
Young
Zapata
Zavala
Goals for Minority
Participation
87.3
27.4
11.0
12.4
11.0
72.9
24.1
49.4
18.9
18.2
22.5
19.5
11.0
49.4
49.4
5-5 000---004
OS-04
; 2004 Specifications
SPECIAL PROVISION
000---006
Standard Federal Equal Employment Opportunity Construction Contract
Specifications (Executive Order 11246)
l. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which
this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs, United
States Department of Labor, or any person to whom the Director delegates authority;
c. "Employer identification number" means the Federal Social Security number used on
the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
d. "Minority" includes:
(i) Blacic (all persons having origins in any of the Black African racial groups not of
Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American or other Spanish Culture or origin, regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples
of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands);
and
(iv) American Indian or Alaskan Native (all persons having origins in any of the
original peoples of North American and maintaining identifiable tribal affiliations
through membership and participation or community identification).
2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the
work involving any construction trade, it shall physically include in each subcontract in
excess of $10,000 the provisions of these specifications and the Notice which contains the
applicable goals for minority and female participation and which is set forth in the
solicitations fi•om which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved
by the U. S. Department of Labor in the covered area either individually or through an
association, its affirmative action obligations on all work in the Plan area (including goals
and timetables) shall be in accordance with that plan for those trades which have unions
participating in the Plan. Contractors must be able to demonstrate their participation in and
compliance with the provisions of any such Hometown Plan. Each Contractor or
Subcontractor participating in an approved Plan is individually required to comply with its
1-6 000---006
OS-04
obligations under the EEO clause, and to make a good faith effort to achieve each goal under
the Plan in each trade in which it has employees. The overall good faith performance by
other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any
covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan
` goals and timetables.
4. The Cont�actor shall implement the specific affirmative action standards provided in
paragraphs 7a through p of these specifications. The goals set forth in the solicitation from
which this contract resulted are expressed as percentages of the total hours of employment
and training of minority and female utilization the Contractor should reasonably be able to
achieve in each construction trade in which it has employees in the covered area. Covered
construction connactors performing contracts in geographical areas where they do not have
a Federal or federally assisted construction contract shall apply the minority and female
goals established for the geographical area where the contract is being performed. Goals are
published periodically in the Federal Register in notice form and such notices may be
obtained from any Office of Federal Contract Compliance Programs office or any Federal
procurement contracting officer. The Contractor is expected to make substantially uniform
progress toward its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union
with whom the Contractor has a collective bargaining agreement, to refer either minorities
or women shall excuse the Contractor's obligations under these specifications, Executive
Order 11246, or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in
meeting the goals, such apprentices and trainees must be employed by the Contractor during
the training period, and the Contractor must have made a commitment to employ the
apprentices and trainees at the completion of their training, subject to the availability of
employment opportunities. Trainees must be trained pursuant to training programs
approved by the U. S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractor's compliance with these specifications shall
be based upon its effort to achieve maximum results fiom its actions. The Contractor shall
document these efforts fully, and shall implement affirmative action steps at least as
extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the Contractor's employees are
assigned to work. The Contractor, where possible, will assign two or more women to
each construction project. The Contractor shall specifically ensure that all foremen,
superintendents, and other on-site supervisory personnel are aware of and carry out the
Contractor's obligation to maintain such a working environment, with specific attention
to minority or female individuals worlcing at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the Contractor or its unions have employment
opportunities available, and maintain a record of the organizations' responses.
2-6 000---006
OS-04
c. Maintain a current file of the names, addresses and telephone numbers of each minority
and female off-the-street applicant and minority or female referral from a union, a
recruitment source or community organization and of what action was taken with
respect to each such individual. If such individual was sent to the union hiring hall for
referral and was not refei7•ed bacic to the Contractor by the union or, if referred, not
employed by the Contractor, this shall be documented in the file with the reason
" therefor, along with whatever additional actions the Contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with
which the Contractor has a collective bargaining agreement has _:��t referred to the
Contractor a minority person or woman sent by the Contractor, or when the Contractor
has other information that the union referral Process has impeded the Contractor's
efforts to meet its obligations.
e. Develop on-the job t��aining opportunities and/or participate in training programs for
the area which expressly include minorities and women, including upgrading programs
and apprenticeship and trainee programs relevant to the Contractor's employment
needs, especially those programs funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the sources compiled under 7b
above.
f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions
and training programs and requesting their cooperation in assisting the Contractor in
meeting its EEO obligations; by including it in any policy manual and Collective
bargaining agY•eement; by publicizing it in the company newspaper, annual report, etc.;
by specific review of the policy with all management personnel and with all minority
and female employees at least once a year; and by posting the company EEO policy on
bulletin boards accessible to all employees at each location where consnuction work is
performed.
g. Review, at least annually, the company's EEO policy and affir�rnative action obligations
under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination or other employment decisions including specific
review of these items with onsite supervisory personnel such as Superintendents,
General Foremen, etc., prior to the initiation of construction work at any j ob site. A
written record shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of the subject
matter.
h. Disseminate the Contractor's EEO policy externally by including it in any advertising in
the news media, specifically including minority and female news media, and providing
written notification to and discussing the Contractor's EEO policy with other
Contractors and Subcontractors with whom the Contractor does or anticipates doing
business.
i. Direct its recruihnent efforts, both oral and written, to minority, female and community
organizations, to schools with minority and female students and to minority and female
recruitment and training organizations serving the Cont�•actor's recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
3-6 000---006
OS-04
applications for apprenticeship or other training by any recruitment source, the
Contractor shall send written notification to organizations such as the above, describing
the openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and
women and, where reasonable, provide after school, summer and vacation employment
to minority and female youth both on the site and in other areas of a Contractor's
worlcforce.
k. Validate all tests and other selection requirements where there is an obligation to do so
under 41 CFR Part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and
female personnel for promotional opporiunities and encourage these employees to seelc
or to prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments and other
personnel practices, do not have a discriminatory effect by continually monitoring all
personnel and employment related activities to ensure that the EEO policy and the
Contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate
or single-user toilet and necessary changing facilities shall be provided to assure
privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction cont�actors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
� associations.
p. Conduct a review, at least annually, of all supervisors' adherence to and performance
under the Contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling
one or more of their affirmative action obligations (7a through p). The efforts of a contractor
association, joint contractor-union, contractor-community, or other similar group of which
the contractor is a member and participant, may be asserted as fulfilling any one or more of
its obligations under 7a through p of these Specifications provided that the contractor
actively participates in the group, makes every effort to assure that the group has a positive
impact on the employment of minorities and women in the industry, ensures that the
concrete benefits of the program are reflected in the Contractor's minority and female
workforce participation, makes a good faith effort to meet its individual goals and
timetables, and can provide access to documentation which demonstrates the effectiveness
of actions taken on behalf of the Contractor. The obligation to comply, however, is the
Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the
Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established.
The Contractor, however, is required to provide equal employment opportunity and to take
affirmative action for all minority groups, both male and female, and all women, both
4-6 000---006
OS-04
minority and non-minority. Consequently, the Contractor may be in violation of the
Executive Order if a particular group is employed in a substantially disparate manner (for
example, even though the Contractor has achieved its goals for women generally, the
Contractor may be in violation of the Executive Order if a specific minority group of women
y is underutilized).
10. Nondiscrimination programs require that Federal-aid recipients, subrecipients, and
contractors prevent discrimination and ensure nondiscrimination in all of their programs and
activities, whether those programs and activities are federally funded or not. The factors
prohibited from serving as a basis for action or inaction which discriminates include race,
color, national origin, sex, age, and handicap/disability. The efforts to prevent
discrimination must address, but not be limited to a program's impacts, access, benefits,
participation, treatment, seivices, contracting opportunities, training opportunities,
investigations of complaints, allocations of funds, prioritization of projects, and the
functions of right-of-way, research, planning, and design.
11. The Contractor shall not enter into any Subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination and
cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive
Order 11246, as amended, and its implementing regulations, by the Office of Federal
Contract Compliance Programs. Any contractor who fails to carry out such sanctions and
penalties shall be in violation of these specifications and Executive Order 11246, as
amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standards prescribed in
paragraph 7 of these specifications, so as to achieve maximum results from its efforts to
ensure equal employment opportunity. If the Contractor fails to comply with the
requirements of the Executive Order, the implementing regulations, or these specifications,
the Director shall proceed in accordance with 41 CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit reports
relating to the provisions hereof as may be required by the Government and to keep records.
Records shall at least include for each employee the name, address, telephone numbers,
construction trade, union affiliation if any, employee identification number when assigned,
social security number, race, sex, status (e,g., mechanic, apprentice, trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated trade, rate of
pay, and locations at which the work was performed. Records shall be maintained in an
easily understandable and retrievable form; however, to the degree that existing records
satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws
which establish different standards of compliance or upon the application of requirements
for the hiring of local or other area residents (e.g., those under the Public Works
Employment Act of 1977 and the Community Development Block Grant Program).
5-6 000---006
OS-04
16. In addition to the reporting requirements set forth elsewhere in this contract, the Contractor
6 and the subcontractors holding subcontracts, not including material suppliers, of $10,000 or
more, shall submit for every month of July during which work is per-formed, employment
data as contained undez• Form PR 1391 (Appendix C to 23 CFR, Part 230), and in
= accordance with the instructions included thereon.
6-6 000---006
OS-04
2004 Specifications
SPECIAL PROVISION
000---009
Certification of Nondiscrimination in Employment
By signing this proposal, the bidder certifies that he has participated in a previous contract or
� subcontract subject to the equal opportunity clause, as required by Executive Orders 10925,
11114, or 11246, or if he has not participated in a previous contract of this type, or if he has had
previous contract or subcontracts and has not �led, he will file with the Joint Reporting
Committee, the Director of the Office of Federal Contract Compliance, a Federal Government
contracting or administering agency, or the former President's Committee on Equal Employment
Opportunity, all reports due under the applicable filing requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of
the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed
subcontractors only in connection with contracts and subcontracts which are subject to the equal
oppoi-tunity clause. Contracts and subcontracts which are exempt from the equal opportunity
clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or
under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or
their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should note
that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor
submits a report covering the delinquent period or such other period specified by the Federal
Highway Administration or by the Director, Office of Federal Contract Compliance, U. S.
Depai-tment of Labor.
1-1 000---009
2004 Specifications
SPECIAL PROVISION
000---011
Department Division Mailing and Physical Addresses
For this project, Item 000, "Department Division Mailing and Physical Addresses," of the
Standard Specifications, is hereby amended with respect to the clauses cited below, and no other
clauses or requirements of this Item are waived or changed hereby.
Use the information in Table 1 to contact the Department Divisions referenced in the Standard
Specifications or Special Provisions and Special Specifications in the Contract. This listing is for
the putposes of providing addresses for transmission of information in accordance with the
specifications. Unless otherwise stated in the specifications, address all correspondence and
transmission of information to the Engineer responsible for the oversight of construction. Submit
bidding documents to the location shown in the official advertisement. Address changes will be
posted on the Department's Internet site at http://www.dot.state.tx.us/.
Table 1
Department Division Mailing and Physical Addresses
Division/Section Name U.S. Post Office Address Physical Address
Bridge Division
Construction Division
Consttuction Section
Materials & Pavements Section
Texas Department of
Transportation
Bridge Division
125 E l lt�' Street
Austin TX 78701-2483
Texas Department of
Transportation
Construction Division
Construction Section
200 E. Riverside Drive
Austin TX 78704
Texas Department of
Transportation
Construction Division
Materials & Paveinents
(CP51)
125 E 11`h Street
Austin TX 78701-2483
Bridge Division
Fabrication Branch
118 E. Riverside Dr.
Austin, Texas 78704
(512) 416-2187
Construction Division
200 E. Riverside Dr.
1'` floor, 1B.1
Austin, TX 78704
(512)416-2490
1-800-687-3525
Constiuction Division
Materials & Pavements
Cedar Park Campus, Bldg. 51
9500 Lake Creelc Parkway
Austin, TX 78717
512-506-5800
1-2 000---011
09-04
Division/Section Name
Maintenance Division
Maintenance Section
U.S. Post Office Address
Texas Department of
Transportation
Maintenance Division
Maintenance Section
125 E 11`�' St�•eet
Austin, TX 78701
Physical Address
Maintenance Division
Maintenance Section
150 East Riverside Drive
Fourth Floor, North Tower
Austin, TX 78704
(512) 416-3185
Vegetation Management Section Texas Department of Maintenance Division
Transportation Vegetation Management Section
Maintenance Division 150 East Riverside Drive
Vegetation Management Section Fom•th Floor, North Tower
125 E ll`h Sri�eet Austin, TX 78704
Austin, TX 78701 (512) 416-3093
Traf�c Operations Division
Traffic Operations Division
Traffic Engineering
Traffic Management-ITS Branch
Traffic Management-
Signal/Radio Branch
Texas Department of
Transportation
Traffic Operations Division
125 E 11 `h Street
Austin TX 78701
Texas Department of
Transportation
Traffic Operations Division
Traffic Engineering Section
125 E l lth Street
Austin TX 78701
Texas Department of
Transportation
Traffic Operations Division
Traffic Management Section
125 E ll`" Sri•eet
Austin TX 78701
Texas Departtnent of
Transportation
Traffic Operations Division
Traffic Management Section-
Signal/Radio Branch
125 E 11`h St�•eet
Austin TX 78701
Texas Department of
Transportation
Traffic Operations Division
200 E. Riverside
Bldg. 118
Austin, Texas 78704
512-416-3200
Texas Department of
Transportation
Traffic Opet•ations Division
Traffic Engineet•ing Section
200 E. Riverside
Bldg. 118
Austin, Texas 78704
(512) 416-3118
Texas Department of
Transportation
Traffic Operations Division
Traffic Management Section
Cedar Park Campus, Bldg. 51
9500 Lake Creek Parkway
Austin, TX 78717
512-506-5100
Texas Department of
Transportation
Traffic Operations Division
Traffic Management Section-
SignaURadio Branch
Cedar Park Campus, Bldg. 51
9500 Lake Creek Parkway
Austin, TX 78717
512-506-5100
2-2 000---011
09-04
f
2004 Specifications Federal-Aid Projects Only
SPECIAL PROVISION
000--1483
Notice of Changes to
U.S. Department of Labor Required Payroll Information
Do not include employee addresses and social security numbers on the payroll submissions to the
department. In lieu of the social security number, include an individually identifying number for
each employee (Example: last four digits of the individual's social security number).
Maintain the full social security number and current address of each covered employee in files
for 3 years after project completion and make the information available upon the Department's
request.
Form FHWA 1273 and optional form WH-347 will be revised in the future to reflect these
changes.
1-1 000--1483
01-09
�
; 2004 Specifications
SPECIAL PROVISION
000--1676
On-the-Job Training Program
l. Description. The primary objective of this Special Provision is the training and
advancement of minorities, women and economically disadvantaged persons toward
journeyworker status. Accordingly, make every effort to enroll minority, women and
economically disadvantaged persons to the extent that such persons are available within a
reasonable area of recruitment. This training commitment is not intended, and shall not be
used to discriminate against any applicant for training, whether or not he/she is a member of
a minority group.
2. Trainee Assignment. Training assignments are determined based on the past contract
volume of federal-aid work performed with the Department. Contractors meeting the
selection criteria will be notified of their training assignment at the beginning of the reporting
year by the Department's Office of Civil Rights.
3. Program Requirements. Fulfill all of the requirements of the On-the-Job Training Program
including the maintenance of records and submittal of periodic reports documenting program
performance. Trainees shall be paid at least 60% of the appropriate minimum
journeyworker's rate specified in the contract for the first half of the training period, 75% for
the third quarter and 90% for the last quarter, respectively. Contractors may be reimbursed
$0.80 per training hour at no additional cost to the Department.
4. Compliance. The Contractor will have fulfilled the coni�•actual responsibilities by having
provided acceptable training to the number of trainees specified in their goal assignment.
Noncompliance may be cause for con�ective and appropriate measures pursuant to Ai�ticle
8.6., "Abandonment of Work or Default of Contract," which may be used to comply with the
sanctions for noncompliance pursuant to 23 CFR Part 230.
1-1 000--1676
07-09
2004 Specifications
SPECIAL PROVISION
000--1966
Disadvantaged Business Enterprise in Federal Aid Contracts
1. Description. The purpose of this Special Provision is to cany out the U. S. Department of
Transportation's (DOT) policy of ensuring nondiscrimination in the award and
administration of DOT assisted contracts and creating a level playing iield on which firms
owned and controlled by individuals who are determined to be socially and economically
disadvantaged can compete fairly for DOT assisted contracts. If the Disadvantaged
Business Enterprise (DBE) goal is greater than zero, Article A, "Disadvantaged Business
Enterprise in Federal Aid Contracts", of this Special Provision shall apply to this connact.
If there is no DBE goal, At-ticle B, "Race-Neutral DBE Participation", of this Special
Provision shall apply to this conhact. The percentage goal for DBE participation in the
work to be performed under this contract will be shown on the proposal.
A. Article A. Disadvantaged Business Enterprise in Federal Aid Contracts.
1. Policy. It is the policy of the DOT and the Texas Depar-tment of Transportation
(henceforth the "Department") that DBEs, as defined in 49 CFR Part 26, Subpal�t
A and the Depat-tment's DBE Program, shall have the opportunity to participate in
the performance of contracts financed in whole or in part with Federal funds. The
DBE requirements of 49 CFR Pat-t 26, and the Department's DBE Program, apply
to this connact as follows:
a. The Contractor will solicit DBEs through reasonable and available means, as
defined in 49 CFR Part 26, Appendix A and the Depat-tment's DBE Program,
or show a good faith effort to meet the DBE goal for this connact.
b. The Contractor, subrecipient or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this cont�act.
The contractor shall ca1-�y out applicable requirements of 49 CFR Part 26 in
the award and administration of DOT-assisted contracts. Failure by the
conn•actor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as
the recipient deems appropriate.
c. The requirelnents of this Special Provision shall be physically included in any
subcontract.
d. By signing the contract proposal, the Bidder is certifying that the DBE goal as
stated in the proposal will be met by obtaining commitments from eligible
DBEs or that the Bidder will provide acceptable evidence of good faith effort
to meet the commitment. The Department will detezmine the adequacy of a
Contractor's effot-ts to meet the contract goal, within 10 business days,
1-11 000--1966
06-10
�
excluding national holidays, fi•om receipt of the information outlined in this
Special Provision under Section 1.A.3, "Contractor's Responsibilities." If the
requirements of Section 1.A.3 are met, the conditional situation will be removed
and the contract will be forwarded to the Contractor for execution.
2. Definitions.
a. `Broker" is an intermediazy or middleman that does not take possession of a
commodity or act as a regular dealer selling to the public.
b. "Disadvantaged Business Enterprise" or "DBE" is defined in the standard
specifications, Article 1, Definition of Terms.
c. "DBE Joint Venture" means an association of a DBE firm and 1 or more other
firm(s) to carry out a single business enterprise for profit for which purpose
they combine their propei-ty, capital, efforts, skills and knowledge, and in
which the DBE is responsible for a distinct, clearly defined portion of the work
of the cont�act and whose share in the capital contribution, control,
management, risks, and profits of the joint venture are commensurate with its
ownership interest.
d. "DOT" means the U.S. Department of Transportation, including the Office of
the Secretazy, the Federal Highway Administration (FHWA), the Federal
Transit Administration (FTA), and the Federal Aviation Administration (FAA).
e. "Federal Aid Contract" is any contract between the Texas Department of
Transportation and a Contractor which is paid for in whole or in part with DOT
financial assistance.
f. "Good Faith Effort" means effol-ts to achieve a DBE goal or other requirement
of this Special Provision which, by their scope, intensity, and appropriateness
to the objective, can reasonably be expected to fulfill the program requirement.
g. "Manufacturer" is a firm that operates or maintains a factoiy or establishment
that produces, on the premises, the rnaterials, supplies, ai-ticles, or equipment
required under the cont�act and of the general character described by the
specifications."
h. "Race-conscious" means a measure or program that is focused specifically on
assisting only DBEs, including women-owned businesses.
i. "Race-neut�•al DBE Participation" means any participation by a DBE through
customary competitive procurement procedures.
j. "Regular Dealer" is a firm that owns, operates, or maintains a store,
warehouse, or other establishment in which the materials, supplies, ai-ticles or
equipment of the general character described by the specifications and required
under the contract are bought, kept in stock, and regularly sold or leased to the
public in the usual course of business. To be a regular dealer, the fum must be
an established, regular business that engages in, as its principal business and
under its own name, the purchase and sale or lease of the products in question.
2-11 000--1966
06-10
A regular dealer in such bullc items as steel, cement, gravel, stone, and
petroleum products need not keep such products in stock if it owns and
operates distribution equipment for the products. Any supplementing of
regular dealers own distribution equipment shall be by a long-term lease
; agreement and not on an ad hoc or contract-by-contract basis. Brolcers,
packagers, manufacturers' representatives, or other persons who arrange or
= expedite transactions shall not be regarded as a regular dealer.
k. "Texas Unified Certification Program" or "TUCP" provides one-stop shopping
to applicants for cei-tification, such that applicants are required to apply only
once for a DBE certification that will be honored by all recipients of federal
funds in the state. The TUCP by Memorandum of Agreement established six
member entities to seive as certifying agents for Texas in specified regions.
3. Contractor's Responsibilities. These requirelnents must be satisfied by the
Contractor.
a. After conditional award of the contract, the Contractor shall submit a
�:
completed Form SMS.4901 "DBE Commitment Agreement", From SMS
w 4901-T "DBE Trucl�ing Commitment Agreement", or Fozm SMS.4901-MS
"DBE Material & Supplier Commitment Agreement" for each DBE he/she
intends to use to satisfy the DBE goal or a good faith effort to explain why the
goal could not be reached, so as to arrive in the Department's Ofiice of Civil
Rights (OCR) in Austin, Texas not later than 5:00 p.m. on the 10�' business
day, excluding national holidays, after the conditional award of the contract.
When requested, additional time, not to exceed 7 business days, excluding
national holidays, may be granted based on documentation submitted by the
Contractor.
b. DBE prime Contractors may receive credit toward the DBE goal for work
performed by his/her� own forces and work subcontracted to DBEs. A DBE
prime must make a good faith effort to meet the goals. In the event a DBE
` prime subcontracts to a non-DBE, that information must be reported on Form
SMS.4902.
c. A Contractor who cannot meet the connact goai, in whole or in part, shall
make adequate good faith efforts to obtain DBE participation as so stated and
defined in 49 CFR Part 26, Appendix A. The following is a list of the types of
action that may be considered as good faith effor�ts. It is not intended to be a
znandatoiy checklist, nor is it intended to be exclusive or exhaustive. Other
factars or types of efforts may be relevant in appropriate cases.
• Soliciting through all reasonable and available means (e.g. attendance at
prebid meetings, advertising, and/or written notices) the interest of all
certified DBEs who have the capability to perform the work of the
contract. The solicitation must be done within sufficient time to allow the
DBEs to respond to it. Appropriate steps must be taken to follow up initial
solicitations to determine, with certainty, if the DBEs are interested.
3-11 000--1966
06-10
F
� Selecting portions of the work to be performed by DBEs in order to
increase the likelihood that the DBE goals will be achieved. This includes,
where appropriate, breaking out contract work items into economically
feasible units to facilitate DBE participation, even when the Contractor
might otherwise prefer to perform the work items with its own forces.
• Providing interested DBEs with adequate information about the plans,
� specifications, and requirements of the contract in a timely manner to
assist them in responding to a solicitation.
�
• Negotiating in good faith with interested DBEs to make a poi-tion of the
worlc available to DBE subcontractors and suppliers and select those
portions of the work or material needs consistent with the available DBE
subcontractors and suppliers, so as to facilitate DBE participation.
Evidence of such negotiations includes the names, addresses, and
telephone numbers of DBEs that were considered; a description of the
information provided regarding the plans and specifications for the work
selected for subcontracting; and evidence as to why additional agreements
could not be reached for DBEs to perform the work.
• A Bidder using good business judgment would considet• a number of
factors in negotiating with subcontractors, including DBE subcontractors,
and would take a firm price and capabilities as well as contract goals into
consideration. However, the fact that there may be some additional cost
involved in finding and using DBEs is not in itself sufficient reason for a
bidders failure to meet the Contract DBE goal as long as such cost are
reasonable. Also, the ability or desire of the Connactor to perform the
worlc of the Contract with its own organization does not relieve the Bidder
of the responsibility to make good faith effort. Contractors are not,
however, required to accept higher quotes fiom DBEs if the price
difference is excessive or unreasonable.
• Not rejecting DBEs as being unqualified without sound reasons based on a
thorough investigation of their capabilities. The Contractor's standing
within its industry, membership in specific groups, organizations, or
associations and political or social affiliations (for example union vs. non-
union employee status) are not legitimate cause for the rejection or non-
solicitation of bids and the Contractors efforts to meet the project goal.
• Malcing efforts to assist interested DBEs in obtaining bonding, lines of
credit, or insurance as required by the recipient or Contractor.
• Malcing efforts to assist interested DBEs in obtaining necessary
equipment, supplies, materials, or related assistance or services.
• Effectively using the selvices of available minority/women community
organizations; rninority/women Contractors' groups; local, state, and
Federal minority/women business assistance offices; and other
organizations as allowed on a case-by-case basis to provide assistance in
the recruitment and placement of DBEs.
4- ll 000--1966
06-10
• If the Program Manager of the OCR determines that the Contractor has
failed to meet the good faith effort requirements, the Contractor will be
given an oppoi-tunity for reconsideration by the Director of the OCR.
� d. Should the bidder to whom the connact is conditionally awarded refuse,
neglect or fail to meet the DBE goal or comply with good faith effort
f requuements, the proposal guaranty filed with the bid shall become the
�, property of the state, not as a penalty, but as liquidated damages to the
Department.
e. The preceding information shall be submitted directly to the Office of Civil
Rights, Texas Department of Transportation, 125 E. 1 lth Street, Austin, Texas
78701-2483.
f. The Contractor shall not terminate for convenience a DBE subcontractor
named in the commitment submitted under Section 1.A.3.a, of this Special
Provision. Prior to terminating or removing a DBE subcontractor named in the
commitment, the Contractor must have a written consent of the Department.
g. The Contractor shall also malce a good faith effoi-t to replace a DBE
subcontractor that is unable to perfoi�n successfully with another DBE, to the
extent needed to meet the conhact goal. The Connactor shall submit a
completed Form 4901 "DBE Commitment Agreement", From SMS 4901-T
"DBE Trucking Commitment Agreement", or Form SMS.4901-MS "DBE
Material & Supplier Commitment Agreement" for the substitute DBE fii�n(s).
Any substitution of DBEs shall be subject to approval by the Department.
Prior to approving the substitution, the Department will request a statement
fiom the DBE concerning it being replaced.
h. The Contractor shall designate a DBE liaison officer who will administer the
Contractor's DBE program and who will be responsible for maintenance of
records of efforts and contacts made to subcontract with DBEs.
i. Contractors are encouraged to investigate the services offered by banks owned
and controlled by disadvantaged individuals and to make use of these banks
where feasible.
4. Eligibility of DBEs.
a. The member entities of the TUCP certify the eligibility of DBEs and DBE
joint ventures to perform DBE subcontract work on DOT fmancially assisted
contracts.
b. The Department maintains the Texas Unified Certification Program DBE
Directoty containing the names of firms that have been cei-tified to be eligible
to participate as DBE's on DOT �nancially assisted contracts. This Directoiy
is available from the Department's OCR. An update of the Directory can be
found on the Internet at http://www.dot.state.�.us/business/tucp/default.htm.
5-11 000--1966
06-10
c. Only DBE firms certified at the time commitments are submitted are eligible
to be used in the information furnished by the Cont�•actor as required under
Section 1.A.3.a. and 3.g. above. For purposes of the DBE goal on this project,
DBEs will only be allowed to perform work in the categories of work for
� �� which they are certified.
d. Only DBE firms certified at the time of execution of a
contract/subcont�act/putchase order, are eligible for DBE goal participation.
5. Determination of DBE Participation. When a DBE participates in a contract,
' only the values of the worlc actually perfoimed by the DBE, as referenced below,
shall be counted by the prime contractor toward DBE goals:
a. The total amount paid to the DBE for worlc performed with his/her own forces
is counted toward the DBE goal. When a DBE subcont�acts part of the work
of its contract to another firm, the value of the subcontracted wark may be
counted toward DBE goals only if the subcontractor is itself a DBE. Worlc
that a DBE subcontracts to a non-DBE firm does not count toward DBE goals.
b. A Contractor may count toward its DBE goal a portion of the total value of
the contract amount paid to a DBE joint venture equal to the distinct, clearly
defined portion of the work of the contract performed by the DBE.
(1) A Contractor may count toward its DBE goal only expenditures to DBEs
that perform a commercially useful function (CUF) in the work of a
contract or purchase order. A DBE is considered to perform a CI7F
when it is responsible for execution of the worlc of the contract and is
cai-�ying out its responsibilities by actually perfoi�ning, managing, and
supeivising the work involved. To perfoi�rn a CLTF, the DBE must also
be responsible, with respect to materials and supplies used on the
contract, for negotiating price, detei�nining quality and quantity,
ordering the material, and installing (where applicable) and paying for
the material itself.
In accordance with 49 CFR Part 26, Appendix A, guidance concerning
Good Faith Efforts, contractors may make effoi-ts to assist interested
DBEs in obtaining necessazy equipment, supplies, materials, or related
assistance or services. Contractors may not however, negotiate the price
of materials or supplies used on the contract by the DBE, nor may they
determine quality and quantity, order the materials themselves, nor
install the materials (where appiicable), or pay for the material
themselves. Contractors however, may share the quotations they receive
fiom the material supplier with the DBE firm, so that the DBE firm may
negotiate a reasonable price with the material supplier.
In all cases, prime or other non-DBE subcontractor assistance will
not be credited toward the DBE goal.
6-11 000--1966
06-10
(2) A DBE does not perform a CLTF if its role is limited to that of an extra
participant in a transaction, contract, or project through which funds are
passed in order to obtain the appearance of DBE participation.
Consistent with indusny practices and the DOT/Depai-tment's DBE
program, a DBE subcontractor may enter into second-tier subconhacts,
amounting up to 70% of their contract. Worlc subcontracted to a non-
DBE does not count towards DBE goals. If a DBE does not perform or
exercise responsibility for at least 30% of the total cost of its contract
with its own work force, or the DBE subcontracts a greater portion of
the work of a contract than would be expected on the basis of normal
' -�--`— ----`�-- r--'�-- '---- -r----�-'�---�--� '' ---:i� i-- ---------_� ��__�
lIlUUSIiy jJidC:L1C:C lUi 6i1C 6y�C Ul WUllC lI1VU1VGU� 1L Wlll UG jJIG5UtI1CU li1dL
the DBE is not performing a CUF
(3) A DBE trucking firm (including an owner operator who is cei-tified as a
DBE is considered to be perforxning a CUF when the DBE is responsible
for the management and supervision of the entire n-ucking operation on a
particular contract and the DBE itself owns and operates at least 1 fully
licensed, insured, and operational tiuck used on the contract.
(a) The Conn•actor receives credit for the total value of the
n•ansportation services the DBE provides on a contract using t��ucks
it owns, insures, and operates using drivers it employs.
(b) The DBE may lease trucks frarn another DBE finn, including an
owner operator who is certified as a DBE. The DBE who leases
trucks from another DBE receives credit for the total value of the
transportation services the lessee DBE provides on the Contract.
(c) The DBE may also lease trucks from a non-DBE firm, including
from an owner-operator. The DBE who leases trucics from a non-
DBE is entitled to credit for the total value of transportation
services provided by non-DBE lessees not to exceed the value of
t�ansportation services provided by the DBE-owned trucks on the
contract. Additional participation by non-DBE lessees receive
credit only for the fee or commission it receives as result of the
lease ai�angement
(d) A lease must indicate that the DBE has exclusive use of and
control over the trucks giving the DBE absolute priority for use of
the leased tr-ucks. Leased t�-ucics must display the name and
identification number of the DBE.
(4) When a DBE is presumed not to be performing a CUF the DBE may
present evidence to rebut this presumption.
(5) Project materials or supplies acquired from an affiliate of the prime
contractor can not directly or induectly (2"d or lower tier subconnactor)
be used for DBE goal credit.
7-11 000--1966
06-10
c. A Contractor may count toward its DBE goals expenditures for materials and
; supplies obtained from a DBE manufacturer, provided that the DBE assumes
the actual and contractual responsibility for the materials and supplies. Count
expenditures with DBEs for materials or supplies toward DBE goals as
provided in the following:
; (1) If the materials or supplies are obtained from a DBE manufacturer, count
�; ; 100% of the cost of the materials or supplies toward DBE goals.
(Definition of a DBE manufacturer found at lA.c.(1) of this provision.)
For purposes of this Section (1.A.c.(1)), a manufacturer is a firm that
operates or maintains a factory or establishment that produces, on the
premises, the materials, supplies, ar�ticles, ar� equipment required under the
contract and of the general character described by the specifications.
(2) If the materials or supplies are purchased from a DBE regular dealer,
count 60% of the cost of the materials or supplies toward DBE goals.
For purposes of this Section (1.A.S.c.(2)), a regular dealer is a firm that
owns, operates, or maintains a store, warehouse, or other establishment in
which the materials, supplies, articles or equipment of the general
character described by the specifications and required under the contract
are bought, kept in stock, and regularly sold or leased to the public in the
usual course of business:
(A) To be a regular dealer, the firm must be an established, regular
business that engages, as its principal business and under its own
name, in the purchase and sale or lease of the products in question.
(B) A person may be a regular dealer in such bullc items as petroleum
products, steel, ceinent, gravel, stone or asphalt without owning,
operating, or maintaining a place of business as provided in the first
paragraph under Section 1.A.S.c.(2), if the person both owns and
operates disnibution equipment for the products. Any supplernenting
of regular dealers' own distribution equipment shall be by a long-term
lease agreement and not on an ad hoc or contract-by-connact basis.
(C) Pacicagers, brokers, manufacturers' representatives, or other persons
who ai-�ange or expedite transactions are not regular dealers within the
meaning of Section 1.A.S.c.(2).
(3) With respect to materials or supplies purchased fiom DBE which is
neither a manufacturer nor a regular dealer, count the entire amount of
fees or commissions charged for assistance in the procurement of the
materials and supplies, or fees or transportation charges for the delivery of
inaterials or supplies required on a job site, toward DBE goals, provided
you determine the fees to be reasonable and not excessive as compared
with fees customarily allowed for similar services.
8-ll 000--1966
06-10
Do not count any portion of the cost of the materials and supplies
themselves toward DBE goals.
(4) Count the entire amount of fees or commissions charged by a DBE firm
for providing a bona fide service, such as professional, technical,
consultant or managerial services, or for providing bonds or insurance
specifically required far the performance of a DOT-assisted contract,
toward DBE goals, provided you determine the fee to be reasonable and
not excessive as compared with fees customarily allowed for similar
servlces.
d. If the Contractoi• chooses to assist a DBE firm, other than a manufacturing
material supplier or regular dealer, and the DBE firm accepts the assistance,
the Contractor may act solely as a guarantor by use of a two-party check for
payment of materials to be used on the project by the DBE. The material
supplier must invoice the DBE who will present the invoice to the Cont�actor.
The Contractor may issue a joint check to the DBE and the material supplier
and the DBE firm must issue the remittance to the material supplier. No funds
shall go directly from the Contractor to the material supplier. The DBE firm
may accept or reject this joint checking arrangement.
The Contractor must obtain approval fiom the Depai-tment prior to
implementing the use of joint check ai�angements with the DBE. Submit to
the Department, Joint Check Approval Form 2178 for requesting approval.
Provide copies of cancelled joint checks upon request. No DBE goal credit
will be allowed for the cost of DBE materials that are paid by the Contractor
directly to the material supplier.
e. No DBE goal credit will be allowed for supplies and equipment the DBE
subcontractor leases fiom the contractor or its affiliates.
f. No DBE goal credit will be allowed for the period of time determined by the
Department that the DBE was not performing a CLTF. The denial period of
time may occur before or after a determination has been made by the
department. In case of the denial of credit for non-performance of a CITF of a
DBE, the Contractor will be required to provide a substitute DBE to meet the
contract goal or provide an adequate good faith effort when applicable.
6. Records and Reports.
a. The Contractor shall submit monthly reports, after work begins, on DBE
payments to meet the DBE goal and for DBE or HCTB race-neut�al
participation. Report payments made to non-DBE HUBs. The monthly report
is to be sent to the Area Engineer. These reports will be due within 15 days
after the end of a calendar month. These reports will be required until all DBE
subcontracting or material supply activity is completed. Foi7n SMS.4903,
"DBE Progress Report," is to be used for monthly repoi-ting. Form.
SMS.4904, "DBE Final Repoi-t," is to be used as a final summary of DBE
payments submitted upon completion of the project.
9-11 000--1966
06-10
The original final repoi-t must be submitted to the OCR and a copy must be
submitted to the Area Engineer. These forms may be obtained from the
Department or may be reproduced by the Contractor. The Department may
verify the amounts being reported as paid to DBEs by requesting copies of
cancelled checks paid to DBEs on a random basis. Cancelled checks and
invoices should reference the Department's project number.
€ b. DBE subcont�actors andlor material suppliers should be identified on the
~ monthly report by Vendor Number, name, and the amount of actual payment
made to each during the inonthly period. Negative reports are required when
no activity has occurred in a monthly period.
c. All such records must be retained for a period of 3 years following completion
of the contract work, and shall be available at reasonable times and places for
inspection by authorized representatives of the Department or the DOT.
Provide copies of subcontracts or agreements and other documentation upon
request.
d. Prior to receiving final payment, the Contractor shall submit Form SMS.4904,
f "DBE Final Report". If the DBE goal requirement is not met, documentation
suppoz-ting Good Faith Efforts, as outlined in Section 1.A.3.c of this Special
Provision, must be submitted with the "DBE Final Report."
e. Provide a certification of prompt payment in accordance with the
Department's prompt payment procedure to certify that all subcontractors and
suppliers were paid from the previous months payments and retainage was
released for those whose work is complete. Submit the completed form each
month and the month following the month when final acceptance occurred at
the end of the project.
7. Compliance of Contractor. To ensure that DBE requireinents of this DOT
assisted contract are complied with, the Department will monitor the Contractor's
efforts to involve DBEs during the perfoz-�nance of this contract. This will be
accomplished by a review of monthly reports submitted to the Area Engineer by
the Contractor indicating his progress in achieving the DBE connact goal, and by
compliance reviews conducted on the project site by the Depai�tment.
The Contractor shall receive credit toward the DBE goal based on actual
payments to the DBE subcontractor. The Contractor shall notify the Area
Engineer if he/she withholds or r•educes payment to any DBE subconnactor. The
Contractor shall submit an affidavit detailing the DBE subcontract payments prior
to receiving final payment for the contract.
Contractors' requests for substitutions of DBE subcontractors shall be
accompanied by a detailed explanation which should substantiate the need for a
substitution. The Contractor may not be allowed to count work on those items
being substituted toward the DBE goal prior to approval of the substitution from
the Department.
10-11 000--1966
06-10
The prime Contractor is prohibited from providing work crews and equipment to
DBEs. DBE Goal credit for the DBE subcontractors leasing of equipment or
purchasing of supplies fi•om the prime contractor or its affiliates is not allowed.
When a DBE subcontractor named in the commitment under Section 1.A.3.a. of
this Special Provision, is terminated or fails to complete its work on the connact
for any reason, the prime contractor is required to make good faith efforts to find
another DBE subcontractor to substitute for the original DBE. These good faith
efforts shall be directed at finding another DBE to perform at least the same
amount of work under the contract as the DBE that was terminated, to the extent
needed to meet the contract goal.
A Contractor's failure to comply with the requuements of this Special Provision
shall constitute a material breach of this connact. In such a case, the Department
` reserves the right to tei�rninate the contract; to deduct the amount of DBE goal not
accomplished by DBEs froin the money due or to become due the Contractor, or
to secure a refund, not as a penalty but as liquidated damages to the Department
or such other remedy or remedies as the Department deems appropriate.
Forward Form 2371, "DBE Trucicing Credit Worksheet," completed by the DBE
trucicer every month DBE credit is used.
B. Article B. Race-Neutral Disadvantaged Business Enterprise Participation. It is the
policy of the DOT that Disadvantaged Business Entezprises (DBE) as defined in 49
CFR Part 26 Subpart A, be given the opportunity to compete fairly for contracts and
subcontracts financed in whole or in part with Federal funds and that a maximum
feasible portion of the Department's overall DBE goal be met using race-neunal means.
Consequently, if there is no DBE goal, the DBE requirements of 49 CFR Part 26, apply
to this connact as follows:
The Contractor will offer DBEs as defined in 49 CFR Part 26, Subpart A, the
oppoz-tunity to compete fairly for contracts and subcontractors financed in whole or in
part with Federal funds. Race-Neutral DBE and non-DBE HUB participation on
projects with no DBE goal shall be reported on Form SMS.4903, "DBE or HUB
Progress Report" and submitted to the Area Engineer each month and at project
completion. Payments to DBEs reported on Form SMS.4903 are subject to the
requirements of Section 1.A.5, "Determination of DBE Participation."
The Contractor, subrecipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The Contractor
shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the tet-mination
of this contract or such other remedy as the recipient deems appropriate.
11-11 000--1966
- 06-10
2004 Specifications
SPECIAL PROVISION
000--2329
Partnering
1. General. It is the intent of this provision to promote an environment of trust, mutual respect,
integrity, and fair-dealing between the Department and the Contractor.
2. Definitions.
A. Informal Partnering. Partnering that does not malce use of a facilitator.
B. Formal Partnering. Partnering where the services of a facilitator (internal or external) are
utilized.
3. Procedures for Partnering Meetings and Format. Informal Partnering is required for this
project, unless Formal Partnering is mutually agreed to in lieu of the Informal Partnering.
Facilitators. The facilitator is to act as a neutral party seeking to initiate cooperative worl�ing
relationships. This individual must have the technical knowledge and ability to lead and guide
discussions. Choose either an internal or external facilitator. The facilitator must be acceptable to
the Engineer.
(1) Internal Facilitators. A Department or Contractor internal (staf� facilitator may be
selected as the facilitator at no additional cost to either party.
(2) External Facilitators. A private fit�rn or individual that is independent of the Contractor
and the Department may be selected as the facilitator. Submit the facilitator's name and
estimated fees for approval prior to contracting with the facilitator.
Meetings and Arrangements. Coordinate with the Engineer for meeting dates and times, locations
including third party facilities, and other needs and appurtenances including but not limited to
audio/visual equipment. Make all meeting anangements for Foimal Partnering. Use Depai�tment
facilities or facilities in the vicinity of the project if available. Submit the estimated meeting costs for
approval prior to finalizing at7•angements.
Coordinate facilitator discussions prior to the partnering tneeting to allow the facilitator time to
prepare an appropriate agenda. Prepare a list of attendees with job titles and include critical
contractor, subcontractor, and supplier staff in the list. Provide the facilitator the list of attendees and
invite the attendees listed.
The Department will invite and provide a list of attendees that includes but is not limited to
Department, City, County, law enforcement, rail�oad, and utility representatives.
Paz-ticipate in additional partnering ineetings as mutually agreed.
1-2 000--2329
08-11
4. Payment. Expenses for employee time, contractor equipment, or overhead will not be
, allowed. Markups will not be allowed.
Informal Partnering will be conducted with each parry responsible for their own costs.
For Formal Partnering using internal facilitators, the Contractor will be responsible for
arrangements and for expenses incui-�ed by its internal facilitator, including but not limited to
meals, t�avel, and lodging. Deparhnent facilitators may be used at no additional cost.
For Formal Partnering using external facilitators, submit an invoice to the Engineer for
reimbursement. The Department will reimburse the Contractor for half of the eligible expenses
as approved. For external facilitators not approved by the Depat-tment but used at the
Contractor's option, the Contractor will be responsible for all costs of the extet-nal facilitator.
For meeting facilities and appurtenances, submit an invoice to the Engineer for reimbursement.
The Department will reimburse the Contractor for half of the eligible expenses as approved.
2-2 000--2329
08-11
2004 Specifications
SPECIAL PROVISION
000--2332
Schedule of Liquidated Damages
For pollar Amount of Original Contract
From More Than To and Including
0 100,000
100,000 500,000
500,000 1,000,000
1,000,000 1,500,000
1,500,000 3,000,000
3,000,000 5,000,000
5,000,000 10,000,000
10,000,000 20,000,000
20,000,000 Over 20,000,000
1-1
Dollar Amount of Daily
Contract Administration
Liquidated
Damages per Working Day
570
590
610
685
785
970
1125
1285
2590
000--2332
08-11
2004 Specifications
SPECIAL PROVISION
001---015
De�nition of Terms
For this project, Item 001, "Definition of Terms," of the Standard Specifications, is hereby
amended with respect to the clauses cited below, and no other clauses or requirements of this
Item are waived ar changed hereby.
The following Articles are voided and replaced by the following:
1.50. Disadvantaged Business Enterprise (DBE). A small business certified through the Texas
Unified Certification Program in accordance with 49 CFR Part 26, that is at least 51 % owned by
one or more socially and economically disadvantaged individuals, or in the case of a publicly
owned business, in which is at least 51 % of the stock is owned by one or more socially and
economically disadvantaged individuals, and whose management and daily business operations
are connolled by one or more of the individuals who own it.
1.128. Subcontractor. A Subcontractor is defined as an individual, partnership, limited liability
company, corporation, or any combination thereof that the Contractor sublets, or proposes to
sublet, any portion of a Contract, excluding a material supplier, a hauling firm hauling only from
a commercial source to the project, huck owner-operator, wholly owned subsidiaty, or specialty-
type businesses such as security companies and rental companies.
The following Articles are voided and not replaced.
1.97. Proposal.
1.98. Proposal Form.
1.99. Proposal Guaranty.
This Item is supplemented by the following:
1.148. Additive Alternate. A bid item contained in a proposal that is not a regular item or a
designated alternate bid item. The additive alternate item(s) include worlc that may be
added to the base bid warlc.
1.149. Base Bid. The total bid (includes regular bid items or corresponding alteinate bid items
if lower) amount without additive alternates.
1.150. Affiliates. Two or more firms are affiliated if
• they share common officers, directors, or stockholders;
1-2 001---015
06-10
• a family member of an officer, director, or stockholder of one fu7n serves in a similar
capacity in another of the firms;
• an individual who has an interest in, or connols a part of, one firm either directly or
indirectly also has an interest in, or controls a part of, another of the fii7ns;
• the firms are so closely connected or associated that one of the firms, either directly or
indirectly, controls or has the power to control another firm;
� one firm controls or has the power to control another of the fii�ns; or,
• the fit-ms are closely allied through an established course of dealings, including but not
limited to the lending of iinancial assistance.
1.151. Bid. The offer of the bidder for performing the work described in the plans and
specifications including any changes made by addenda.
1.152. Bid Guaranty. The security furnished by the bidder as a guaranty that the bidder will
enter into a contract if awarded.
1.153. Electronic Bid Form. The bid form contained in the Depai�tment's Electronic Bidding
System.
1.154. Electronic Bidding System (EBS). The Department's automated system that allows
bidders to enter and submit their bid information electronically.
1.155. Electronic Vault. The secure location where electronic bids are stored prior to bid
opening.
1.156. Family Member. A family member of an individual is the individual's parent, parent's
spouse, step-parent, step-parent's spouse, sibling, sibling's spouse, spouse, child, child's spouse,
spouse's child, spouse's child's spouse, grandchild, grandparent, uncle, uncle's spouse, aunt,
aunt's spouse, first cousin, or fizst cousin's spouse.
1.157. Printed Bid Form. The bidding form printed and sent to the bidder by the depar-tment or
printed by the bidder from the department's Electronic Bidding System.
1.158. Bid Form. The foi7n provided by the Department used by the bidder to subznit a bid. The
bid form is a Department mailed bidder's form (traditional proposal submitted manually), a
Department EBS printed bid form (submitted manually), or the bid form submitted elecn•onically
tluough the Department's EBS.
2-2 001---015
06-10
2004 Specifications
SPECIAL PROVISION
002---017
Instructions to Bidders
For this project, Item 002, "Instruction to Bidders," of the Standard Specifications, is hereby
amended with respect to the clauses cited below, and no other clauses or requirements of this
Item are waived or changed hereby.
Except for Article 2.1 the remainder of Item 2 is voided and replaced by the following:
�: 2.2. Eligibility of Bidders. Submit for approval a Confidential Questionnaire Form and an
audited financial statement or a Bidder's Questionnaire Form at least 10 days before the date that
bids are to be opened. Once approved, the eligibility is valid for a period of one year. Bidders
'' prequalified with a Bidder's Questionnaire Form are not eligible to bid on a project that requires
the Confidential Questionnaire Form and audited financial statements. Comply with all technical
prequalification requirements in the bid form. Obtain prequalification forms from the
Construction Division.
2.3. Issuing Bid Forms. The Department will issue a bid for�rn to a prequalified Bidder meeting
the requirements of the bid form on request if the estimated cost of the proposed Contract is
within that Bidder's available bidding capacity. Request bid forms orally, in writing, or
electronically.
In the case of a joint venture, all joint venture participants must be prequalified. An equally
divided portion of the Engineer's estimate must be within each participant's available bidding
capacity.
The Department will not issue a bid form for a proposed Contract if one or more of the following
apply:
• the Bidder is disqualified by an agency of the federal government.
• the Bidder is suspended or debarred by the Commission, or is prohibited from rebidding
a specific proposal because of bid en�or or failure to enter into a Contract of the first
awarded bid.
• the Bidder has not ful�lled the requirements for prequalification.
• the Bidder or a subsidiary or affiliate of the Bidder has received compensation from the
Department to participate in the preparation of the plans or specifications on which the
bid or Contract is based.
• the Bidder did not attend an advertised mandatory pre-bid conference.
1-8 002---017
02-09
2.4. Interpreting Estimated Quantities. The quantities listed in the bid form are approximate
and will be used for the comparison of bids. Payments will be made for the work performed in
accordance with the Contract.
2.5. Examining Documents and Work Locations. Examine the bid form, plans, specifications,
and specified work locations before submitting a bid for the work contemplated. Submitting a
bid will be considered evidence that the Bidder has performed this examination. Borings, soil
profiles, water elevations, and underground utilities shown on the plans were obtained for use of
the Department in the preparation of plans. This information is provided for the Bidder's
information only and the Department makes no representation as to the accuracy of the data. Be
aware of the difficulty of accurately classifying all material encountered in making foundation
investigations, the possible erosion of stream channels and banks after survey data have been
obtained, and the unreliability of water elevations other than for the date recorded.
Oral explanations, instructions, or consideration for contractor-proposed changes in the Items of
work, specifications, plans or bid forms given during the bidding process are not binding. Only
requirements included in the bid form, associated specifications, plans and Department-issued
addenda are binding. Request explanations of documents in adequate time to allow the
Department to reply before the bid opening date..
Immediately notify the Department of any error, omission, or ambiguity discovered in any part
of the bid form, specifications or plans. The Department will issue an addendum when
appropriate.
2.6. Preparing the Bid. Prepare the bid on the form furnished by the Department. Bid forms
may be printed or electronic. Informational forms will not be accepted.
Specify a unit price in dollars and cents for each Item for which an estimated quantity is given.
When "Working Days" is an Item, submit the number of working days to be used to complete
the Contract, or phases of the Contract shown on the plans.
An Item left blank will constitute an incomplete bid and will be handled as prescribed in Article
2.14, "Tabulating Bids." Include unit bid prices for each Item in the Item group or alternate Item
group, except for instances when alternate Items pertain to foreign steel or iron materials.
If a bid form contains both regular bid Items for domestic and alternate bid Items pertaining to
foreign steel or iron materials the bidder must either:
• submit unit bid prices for domestic bid items only, or
• submit unit bid prices for both the alternate foreign bid items and domestic bid items.
Verify whether addenda have been issued on a proposed Contract. Acknowledge all addenda.
A. Printed Bid Forms. Malce all entries and execute the bid form in ink. Acknowledge all
addenda by checking the appropriate box on the addendum acknowledgement page. Provide the
complete and correct name of the Bidder submitting the bid. A person authorized to bind the
Bidder must sign the bid form. In the case of a joint venture, provide the complete and correct
name of all Bidders submitting the bid. The bid form must be signed by person(s) authorized to
bind the Bidder(s).
2-8 002---017
02-09
As an alternative to hand writing the unit prices in the bid form, submit a computer printout
signed by the person authorized to bind the Bidder or for a joint venture the persons authorized
to bind the Bidders. As a minimum, computer printouts must contain the information in the
format shown on the "Example of Bid Prices Submitted by Computer Printout" form in the bid
form.
As an additional alternative, the bidder may prepare the bid using EBS and print out the bid
form. Execute the bid form. A person authorized to bind the Bidder must sign the bid form. In
the case of a joint venture, provide the complete and correct name of all Bidders submitting the
bid. The bid form must be signed by persons authorized to bind the Bidders.
B. Electronic Bid Forms. Use the electronic bid form in EBS. Acknowledge an addendum by
initialing each addendum listed under the addenda tab in EBS. Digitally sign the bid form using a
digital certificate issued by the department. In the case of a joint venture, the person signing the
bid form must be authorized to bind all joint venture participants.
2.7. Nonresponsive Bids. A bid that has one or more of the deficiencies listed below is
nonresponsive and will not be considered.
A. The person or, in the case of a manually submitted joint venture bid, persons did not sign the
bid form.
B. The proposal guaranty did not comply with the requirements contained in Article 2.8, `Bid
Guaranty."
C. The bid was in a form other than the official bid foi7n issued to the Bidder or Bidders.
D. The bid was not in the hands of the letting official at the time and location specified in the
advertisement. For electronic bids, "in the hands of the letting official" means EBS vault
acknowledgement.
E. The bid form submitted had the incorrect number of Items.
F. A computer printout, when used, was not signed in the name of the Bidder (or joint Bidders,
in the case of a joint venture), or omitted required Items or included an Item or Items not shown
in the bid form.
G. The Bidder was not authorized to receive a bid form under Article 2.3, "Issuing Bid Forms."
H. The Bidder failed to acknowledge receipt of all addenda issued.
I. The Bidder bid more than the maximum or less than the minimum number of allowable
working days shown on the plans when working days was an Item.
J. The Bidder modified the bid in a manner that altered the conditions or requirements for work
as stated in the bid form.
K. The Bidder did not attend a specified mandatoiy pre-bid conference.
The department will not accept or read any of the bids submitted on the same project by:
• a joint venture and one or more of its partners, or
3-8 002---017
02-09
• affiliated bidders.
2.8. Bid Guaranty. The bid guaranty amount is fixed at the amount indicated on the bid form
on the date the bid form is released to the public. Provide a bid guaranty in the amount indicated
on the bid form as follows:
For printed bids, use either a guaranty check or a bid bond. An electronic bid bond may
be used as the guaranty for a bid form printed from EBS. (The bid bond number is printed
on the form printed from EBS and the Department verifies the bond through EBS at the
letting.)
• For electronic bids, use an electronic bid bond. Do not use guaranty checks or printed bid
bonds on electronic bids.
A. Guaranty Check. The guaranty check must be payable to the Texas Transportation
Commission and must be a cashier's check, money order, or teller's check drawn by or on a state
or national bank, a savings and loan association, or a state or federally chartered credit union
(collectively referred to as "bank"). The check must be dated on or before the date of the bid
opening. Post dated checics will not be accepted. The type of check or money order must be
indicated on the face of the instrument and the instrument must be no more than 90 days old. A
check must be made payable at or through the institution issuing the instrument; be drawn by a
bank and on a bank; or be payable at or through a bank. The Department will not accept personal
checks, certified checks, or other types of money orders as a bid guaranty.
B. Bid Bond. The bid bond must be on the form provided by the Department, with powers of
attorney attached, and in the amount specified on the bid bond form. The bond form must be
dated on or before the date of the bid opening, bear the impressed seal of the Surety and be
signed by the Bidder or Bidders, in the case of a j oint venture, and an authorized individual of
the Surety. As an alternative for joint venture Bidders, each of the Bidders may submit a separate
bid bond, completed as outlined in this Subarticle. Bid bonds will only be accepted from Sureties
authorized to execute a bond under and in accordance with state law.
. C. Electronic Bid Bond. Use the most current version of the electronic bond issued by the
department. For a joint venture, the bond must be in the name of all joint venture participants.
Enter the bond authorization code into EBS. Use bond authorization codes issued by the
. companies listed in most recent version of EBS.
2.9. Submittal of Bid. Bids may be submitted either manually or electronically.
A. Manually Submitted Bids.
Place the completed bid form and the bid guaranty in a sealed envelope marked to indicate the
contents.
When submitting by mail or delivery service, place the envelope in another sealed envelope and
address as indicated in the official advertisement. It is the bidder's responsibility to ensure that
the sealed bid arrives at the location described in the official advertisement of the project on or
before the time and date set for the opening. The bid must be in the hands of the Letting Official
by that time, regardless of the method chosen for delivery, in order to be accepted.
4-8 002---017
02-09
In addition to the requirements above, all pages of a bid form printed from EBS must be
submitted.
B. Electronically Submitted Bids. Submit the electronic bid to the electronic vault using EBS.
It is the bidder's responsibility to ensure that the bid is received by the electronic vault on or
before the time and date set far the opening.
2.10. Revising Bid Forms. Revisions to bids will be handled as follows:
A. Manually Submitted Bids.
l. Before Submission. Make desired changes to the printed bid form in ink and initial the
changes.
2. After Submission. Withdraw the bid in accordance with Article 2.11, "Withdrawing
Bids." Make desired changes to the printed bid form in ink and initial the changes. Resubmit to
the Letting Official in accordance with Article 2.9, "Delivery of Bid." The Department will not
make revisions to a bid on behalf of a Bidder.
B. Electronically Submitted Bids. Make desired changes up until the time and date set for the
` opening of bids using EBS. The electronically submitted bid with the latest time stamp by the
electronic vault will be used for tabulation purposes.
C. After Bid Opening. Revisions to bids are not allowed after the time and date set for the
opening.
2.11. Withdrawing Bids.
A. Manually 5ubmitted Bids. Submit a signed written request to the Letting Official. The
Department will not accept telephone or electronic requests, but will accept a properly signed
telefacsimile request. The request must be made by a person authorized to bind the Bidder, and
must be in the hands of the Letting Official before the time and date set for the opening. In the
case of joint venture, the department will accept a request from any person authorized to bind a
party to the joint venture to withdrawal a bid.
B. Electronically Submitted Bids. Submit an electronic or written request to withdraw the bid.
- The electronic request must be made using EBS. For a written request, submit a signed request to
ihe Letting Official. A request to withdraw an electronic bid must be made by a person
authorized to bind the Bidder and must be made prior to the time and date set for the opening.
For written request for withdrawals of electronic bids and in the case of joint venture, the
department will accept a request from any person authorized to bind a party to the joint venture
to withdrawal a bid.
2.12. Opening and Reading of Bids. At the time, date and location specified in the ofiicial
advertisement, the Letting Of�cial will publicly:
• open and read manually submitted bids; and
� read electronically submitted bids.
5-8 002---017
02-09
2.13. Gratuities. Do not offer Department employees benefits, gifts, or favors. The only
exceptions allowed are ordinary business lunches. Failure to honor this policy may result in the
termination of the Contract and sanctions under the Texas Administrative Code. Termination of
the Contract will be in accordance with Article 8.7, "Termination of Contract."
2.14. Tabulating Bids.
__ A. Official Total Bid Amount. The Department will sum the products of the quantities and the
`` unit prices bid in the bid form to determine the official total bid amount. Except as provided in
Section 2.14.G, "Special Item Considerations," the official total bid amount is the basis for
determining the apparent low Bidder. The total bid amounts will be compared and the results
made public.
r' B. Consideration of Bid Format. When a Bidder submits both an electronic bid and a properly
completed manual bid, the unit bid prices in the manual bid wi11 be used to determine the total
bid amount. If a bidder submits an electronic bid and an incomplete manual bid, the electronic
bid will be used in the tabulation of the total bid amount.
If a bidder submits two or more manual bids, all responsive bids will be tabulated. The bid with
the lowest tabulation will be used to determine the total bid amount.
C. Rounding of Unit Prices. The Department will round off all unit bids involving fractional
parts of a cent to the nearest one-tenth cent ($0.001) in determining the amount of the bid as well
as computing the amount due for payment of each Item under the Contract. For rounding
purposes, entries of five-hundredths of a cent ($0.0005) or more will be rounded up to the next
highest tenth of a cent, while entries less than five-hundredths of a cent will be rounded down to
the next lowest tenth of a cent.
D. Interpretation of Unit Prices. The Department will make a documented determination of the
unit bid price for tabulation purposes if a unit bid price is illegible. The Department's
determination will be iinal.
E. Consideration of Unit Prices. Unit bid price entries such as no dollars and no cents, zero
dollars and zero cents, or numerical entries of $0.00, will be tabulated as one-tenth of a cent
($0.001).
The Department will consider proposals where unit bid prices have been left blank incomplete
and nonresponsive. If a proposal has a regular and a corresponding alternate Item or group of
Items, the bid will be considei•ed complete if:
• the regular Item or group of regular Items has unit prices entered, or
• the alternate Item or group of alternate Items has unit prices entered.
The bid will be considered incomplete and nonresponsive if:
• a regular Item or group of regular Items is left blank, and
• a corresponding alternate Item or group of alternate Items is left blank.
6-8 002---017
02-09
F. Consideration of Alternate Items. The Department will malce two calculations using one-
tenth of a cent ($0.001) for each Item if:
• a regular Item or a group of Items have an entry such as no dollars and no cents, zero
dollars and zero cents, or numerical entries of $0.00, and
• a corresponding alternate Item or group of Items, have an entry such as no dollars and no
cents, zero dollars and zero cents, or numerical entries of $0.00.
The Department will select the regular Item or Items or the alternate Item or Items at the
Department's discretion if both the �•egular and alternate bid results in the same cost to the State.
The Department will use the unit price that is greater than zero for bid tabulation i£
• a unit price greater than zero has been entered for either a regular bid or a corresponding
alternate Item or group of Items, and
• an entry of no dollars and no cents, zero dollars and zero cents, or a numerical entry of
$0.00 has been entered for the other car�•esponding Item or group of Items.
If a unit price has been entered for both the regular Item and a corresponding alternate Item, the
Department will select the option (regular or alternate) that results in the lowest cost to the State.
The Department will select the regular Item or Items or the alternate Item or Items at the
Department's discretion if both the regular and alternate bid results in the same cost to the State.
G. Special Itein Considerations.
l. Rubber Additives. For proposed Contracts without federal funds, if an alternate Item for "Hot
Asphalt-Rubber Surface Treatments" or "Hot Mix Asphalt Concrete Pavement" which contains
ground tire rubber is shown in the bid form and the Bidder bids that alternate Item, the amounts
bid for "Hot Asphalt-Rubber" and "Aggregate" or "Hot Mix Asphalt Concrete" will be reduced
to 85% of the amounts actually bid. This reduction will only be used for the purposes of
determining the lowest Bidder. To qualify, the ground tire rubber used must be produced from
scrap tire ground in a facility in Texas. Payment for "Hot Asphalt-Rubber" and "Aggregate" or
"Hot Mix Asphalt Concrete" will be at the actual unit prices bid.
2. "Buy America." For proposed Contracts where unit bid prices are submitted for both
domestic and foreign steel or iron materials, the total bid amount will be calculated using both
the domestic and foreign steel unit bid prices. If the total bid amount using the foreign steel or
iron materials is the low bid, and the lowest bid using domestic steel or iron materials exceeds
the low bid using foreign steel or iron materials by 25% or more, the apparent low Bidder will be
the bid using foreign steel or iron materials. If the difference between the low bid using foreign
steel or iron materials and the lowest bid using domestic steel or iron materials is less than 25%,
the apparent low Bidder will be the bid using domestic steel or iron materials.
3. Home State Bidding Preference. For the purpose of determining the apparent low Bidder on
proposed Contracts without federal funds, the total bid amount will be based upon the reverse
application of the non-resident Bidder's home state bidding preference, if any.
215. Consideration of Bid Errors. The Depai-tment will consider a claim of a bid en•or by the
apparent low Bidder if the following requirements have been met:
7-8 002---017
02-09
• Submit written notification to the Department within 5 business days after the date the
bid is opened.
Identify the Items of work involved and include bidding documentation. The Department
may request clarification of submitted documentation.
The Department will evaluate the claim of an error by the apparent low Bidder by considering
the following:
• The bid er�-or relates to a material Item of work.
• The bid error amount is a significant portion of the total bid.
• The bid error occurred despite the exercise of ordinary care.
• The delay of the proposed work will not impact cost and safety to the public.
Acceptance of the bid error claim by the Department will result in the rejection of all bids. The
erring Cont�•actor will not be allowed to bid the project when it is relet. Rejection of bids due to
the Contractor's bid error may result in the application of sanctions by the Department.
- 2.17. Electronic Bidding. Take responsibility for correctly installing the EBS software. Secure
the digital cei-tificate issued by the department at all times. Promptly report compromised digital
certificates to the Department. Select an Internet Service Provider. The Department will not be
responsible for Internet unavailability. The Department will not provide a computer for
preparing, submitting, revising or withdrawing an electronic bid.
2.18. Bid Form Content. The electronic and the EBS printed bid form do not contain such
things as the special provisions, special specifications, and general notes. These documents are
included by reference. Manual bid forms (traditional proposals) will include such provisions.
8-8 002---017
02-09
�
�
2004 Specifications
SPECIAL PROVISION
003---033
Award and Execution of Contract
For this project, Item 003, "Award and Execution of Contract," of the Standard Specifications, is
amended with respect to the clauses cited below, and no other clauses or requirements of this
Item are waived or changed.
Article 3.4. Execution of Contract, Section B, Bonds. The first paragraph is supplemented by
the following:
Sample versions of the standard performance and payment bonds may be viewed on the
department's Internet site at:
htt�://www.ncdot.gov/�dot librarv/consultants_contractors/fonns/contt•actors.htm
1-1
003---033
07-09
2004 Specifications
SPECIAL PROVISION
004---017
Scope of Work
For this project, Item 4, "Scope of Work," of the Standard Speci�cations, is hereby amended
with respect to the clauses cited below, and no other clauses or requirements of this Item are
waived or changed hereby.
Article 4.2. Changes in the Work. The first paragraph is supplemented by the following:
The Contractor is responsible foz• notifying the sureties of any changes to the contract.
Article 4.2. Changes in the Work. The sixth paragraph is voided and replaced by the following:
When the quantity of work to be done under any major item of the Contract is less than 75% of
; the original quantity stated in the Contract, then either parry to the Connact may request an
adjustment to the unit price. When mutually agreed, the unit price may be adjusted by
multiplying the Contract unit price by the factor in Table 1. If an adjusted unit price cannot be
agreed upon, the Engineer may determine the unit price by multiplying the Contract unit price by
the factor in Table l.
Table 1
Article 4.4. Requests and Claims for Additional Compensation, Section A., Delay Claims is
voided and replaced by the following:
A. Damages. Damages occur when impacts that are the responsibility of the Department result
in additional costs to the contractor that could not have been reasonably anticipated at the
time of letting. Costs of performing additional work are not considered damages. For
contractor damages, the intent is to reimburse the Contractor for actual expenses arising out
of a compensable impact. No profit or markups, other than labor burden, will be allowed.
For damages, labor burden will be reimbursed at 35% unless the Contractor can justify
higher actual cost. Justification for a higher percentage must be in accordance with the
inethodology provided by the Department, submitted separately for project overhead labor
and direct labor, and detezmined and submitted by a Certified Public Accountant (CPA).
Submit CPA-prepared labor burden rates directly to the Contract Letting and Contractor
Prequalification Branch of the Construction Division.
1-3 004---017
04-10
1. Delay Damages. If the Contractor requests compensation for delay damages and the
delay is determined to be compensable, then standby equipment costs and project
overhead compensation will be based on the duration of the compensable delay and will
be limited as follows:
a. Standby Equipment Costs.
• Standby costs will not be allowed during periods when the equipment would have
otherwise been idle.
• No more than 8 hr. of standby will be paid during a 24-hr. day, nor more than
401u. per week, nor more than 176 hr. per month.
• For Cont�actor-owned equipment, standby will be paid at 50% of the rental rates
found in the Rental Rate Blue Book far Consttuction Equipment and calculated
by dividing the monthly rate by 176 and multiplying by the regional adjustment
factor and the rate adjustment factor. For leased equipment on standby, 100% of
the invoice cost of the leased equipment will be paid. Operating costs will not be
allowed.
b. Project Overhead. Project overhead is defined as the administrative and supeivisoiy
expenses inctu-red at the work locations. When delay to project completion occurs,
� reimbursement for project overhead for the prime contractor will be made using the
following options:
• reimbursed at 6% (computed as daily cost by dividing 6% of the original cont�•act
amount by the as-let number of working days) or
• actual documented costs for the impacted period.
Project overhead for delays impacting sub-contractors will be determined from actual
documented costs submitted by the Contractor.
The granting of time extensions and suspensions alone will not be justification for
reimbursement for project overhead.
c. Home Office Overhead. The Department will not compensate the Connactor for
home office overhead.
Article 4.4. Requests and Claims for Additional Compensation, Section B., Dispute or
Claims Procedure is voided and replaced by the following:
B. Dispute or Claims Procedure. Work with the Engineer to resolve or escalate all issues in
accordance with the procedures outlined at the pre-construction conference. Establish with
the Engineer an issue escalation ladder and adhere to the following:
1. Project Pledge. At a minimum, Contractor representatives at the level of foreman and
above will certify in writing they will approach the construction of this project in a
manner consistent with delivering a high quality project in a safe, cost-effective, and
timely manner, and they will be committed to not allowing personality conflicts or
personal interests to interfere with providing the public with a quality project. Failure to
uphold this commitment may result in grounds for removal fi�om the project by the
District Engineer.
2-3 004---017
04-10
2. Issue Resolution Process. An issue is any aspect of the contract where representatives
of the participants in the cont�•act do not agree. The individuals identified at the lowest
level of the issue escalation ladder will initiate the issue resolution process by escalating
any issue that remains unresolved within the time fi•ame outlined in the issue escalation
; ladder.
Use the Department's automated issue tracking system to submit and t��ack issues
escalated to the area engineer or above. Do not use the automated issue tracicing system
for routine issues resolved on the project.
Once the issue is recorded in the automated issue tracking system, the issue will be
escalated to the district engineer within 15 calendar days.
The district engineer will issue written direction within 7 calendar days.
Work with the district to resolve all issues during the course of the contract. In the event the
district and the Con�ractor cannot resolve an issue, the Contractor may file a cont�act claim
after the completion of the contract to be handled in accordance with the Department's
contract claim procedure. Contract claims will not be presented to the Contract Claims
�P Committee for consideration prior to the final payment to the Contractor. It is the
Contractor's responsibility to prove or justify all claims and requests in a timely manner.
The deadline for filing a claim in accordance with 43 TAC Section 9.2, is the earlier of 1 yeat
after the date of final acceptance, date of default, or date of termination except that claims for
wananty enforcement can be made up to 1 year after expiration of the wan•anty period.
3-3 004---017
04-10
�
2004 Specifications
SPECIAL PROVISION
005---004
Control of the Work
For this project, Item 005, "Control of the Worlc," of the Standard Specifications, is hereby
amended with respect to the clauses cited below, and no other clauses or requirements of this
Item are waived or changed hereby.
Article 5.2 Plans and Working Drawings, is supplemented with the following:
Submit shop drawings electronically for the fabrication of structural items as documented in the
"Guide to Electronic Shop Drawing Submittal" available on the internet at
http://��v.dot.state.tx.us/publicationsibridae/e_submit_Quide.pdf and as directed by the
Engineer for other items required by the standard specifications. References to 11 x 17 sheets in
individual specifications for stiuctural items imply electronic CAD sheets.
1-1
005---004
10-06
2004 Specifications
SPECIAL PROVISION
006---030
Control of Materials
For this project, Item, Item 006, "Control of Materials," of the Standard Specifications is
amended hereby with respect to the clauses cited below, and no other clauses or requirements of
this Item are waived or changed hereby.
Article 6.9. Recycled Materials is voided and replaced by the following:
The Department will not allow hazardous wastes, as defined in 30 TAC 335, proposed for
recycling. Use nonhazardous recyclable materials (NRMs) only if the Specification for the Item
does not disallow or restrict use. Determine if NRMs are regulated under 30 TAC 312, 330, 332,
334, or 335, and comply with all general prohibitions and requirements. Use NRMs in
accordance with DMS-11000, "Evaluating and Using Nonhazardous Recyclable Materials
Guidelines," and furnish all documentation required by that Specification.
Article 6.10. Hazardous Materials is voided and replaced by the following:
Use materials that are free of hazardous materials as defined in Item 1, "Definition of Terms."
Notify the Engineer immediately when a visual observation or odor indicates that materials in
required material sources or on sites owned or controlled by the Department may contain
hazardous materials. Except in the case of Section 6.10.A.1.a, "Cleaning and Painting Steel"
below, the Department is responsible for testing and removing or disposing of hazardous
materials not introduced by the Contractor on sites owned or controlled by the Department as
indicated below. The plans will indicate locations where paint on steel is suspected to contain
hazardous materials and where regulated asbestos containing materials have been found. The
Engineer may suspend work wholly or in part during the testing, removal, or disposition of
hazardous materials on sites owned or controlled by the Department, except in the case of
Section 6.10.A.1.a.
When a visual observation or odor indicates that materials delivered to the worlc locations by the
Contractor may contain hazardous materials, have an approved commercial laboratory test the
materials for contamination. Remove, remediate, and dispose of any of these materials found to
be contaminated. Testing, removal, and disposition of hazardous materials introduced onto the
work locations by the Contractor will be at the Contractor's expense. Working day charges will
not be suspended and extensions of working days will not be granted for activities related to
handling hazardous material delivered by the Contractor.
A. Painted Steel Requirements. As shown on the plans, existing paint on steel may
contain hazardous materials. Perform work in accordance with the following:
1. Removing Paint from Steel.
1-2 006---030
01-07
a. Cleaning and Painting Steel. For contracts that are primarily for painting
existing steel, perform the work in accordance with Item 446, "Cleaning and
Painting Steel."
b. Other Contracts. For all other projects when an existing paint must be removed
to perform other work, perform paint removal work in accordance with Item 446,
"Cleaning and Painting Steel" unless the paint is shown or determined to contain
hazardous materials. If the paint is shown or determined to contain hazardous
materials, the Department will provide for a separate contractor to remove paint
prior to or during the Contract to allow dismantling of the steel for the
Contractor's salvaging, reuse, or recycling or where paint must be removed to
perform other work. For steel that is dismantled by unbolting, no paint stripping
will be required. Use care to not damage existing paint. When dismantling is
performed using flame or saw-cutting methods to remove steel elements coated
with paint containing hazardous materials, the plans will show stripping locations.
Coordinate with the separate contractor for stripping work to be performed during
the Contract.
2. Removal and Disposal of Painted Steel. For Contracts where painted steel is to be
removed and disposed of by the Contractor, painted steel may be reused or disposed
of at a steel recycling or smelting facility. If the paint is shown or determined to
contain hazardous materials, maintain and make available to the Engineer invoices
and other records showing the reuse owner or for recycling, records obtained from the
recycling or smelting facility showing the received weight of the steel and the facility
name.4 Painted steel to be retained by the Department will be shown on the plans.
B. Asbestos Requirements. The plans will indicate locations or elements where asbestos
containing materials (ACM) have been found. At these locations or at locations where
previously unknown ACM has been found, the Department will arrange for abatement by
a separate contractor during the Contract. For work at these locations, notify the Engineer
of proposed dates of demolition or removal of structural elements with ACM at least 60
days before work is to begin to allow the Depat-tment sufficient time to abate the
asbestos.
When the work by a separate contractor for removal of paint or asbestos abatement is to be
performed during the Contract, provide traffic control as shown on the plans and coordinate and
cooperate with the separate conn•actor. Continue other work detailed in the plans not directly
involved in the paint removal or asbestos abatement work. Coordinate with the Department the
timing of the separate contractor's work in advance in order to allow the Department to schedule
work with the separate contractor. Work for the traffic control and other work will not be paid
for directly but will be subsidiary to pertinent Items.
2-2 006---030
O 1-07
2004 Specifications
SPECIAL PROVISION
007---918
Legal Relations and Responsibilities
� For this project, Item 7, "Legal Relations and Responsibilities" of the Standard Specifications, is
hereby amended with respect to the clauses cited below, and no other clauses or requirements of
this Item are waived or changed hereby.
Article 7.4. Insurance and Bonds is voided and replaced by the following:
As specified in Article 3.4, `Bxecution of Contract," provide the Department with a Certificate
of Insurance verifying the types and amounts of coverage shown in Table 1. The Certificate of
Insurance must be in a foim approved by the Texas Department of Insurance Any Certificate of
Insurance provided shall be available for public inspection.
Table 1
Insurance Re uirements
T e of Insurance Amount of Covera e
oinmercial General Liability Insurance ot Less Than:
600,000 each occurrence
usiness Automobile Policy ot Less Than:
600,000 combined single limit
orkers' Compensation ot Less Than:
tatutor
11 Risk Builder's Risk Insurance 100% of Conn�act Price
For buildin -facilities contracts onl
By signing the Contract, the Contractor certifies compliance with all applicable laws, rules, and
regulations pertaining to workers' compensation insurance or legitimate alternates. This
certification includes all subcontractors. Pay all deductibles stated in the policy. Subcontractors
must meet the requirements of Table 1 either tluough their own coverage or through the
Contractor's coverage.
Insurances must cover the contracted work for the duration of the Contract and must remain in
effect until final acceptance. Failure to obtain and maintain insurance for the contracted work
may result in suspension of worlc or default of the Contract. If the insurance expires and
coverage lapses for any z•eason, stop all work until the Department receives an acceptable
Certificate of Insurance.
The Workers' Compensation policy must include a waiver of subrogation endorsement in favor
of the State.
1-4
007---918
11-11
;; For building-facilities contracts, provide All Risk Builder's Risk Insurance to protect the
Department against loss by storm, fire or extended coverage perils on work and materials
intended for use on the project including the adjacent structure. Name the Depar-tment under the
Lost Payable Clause.
Provide a substitute Surety on the Cont�act bonds in the original full Connact amount within 15
days of notification if the Surety is declared banl�upt or insolvent, the Surety's underwriting
limitation drops below the Contract amount or the Surety's right to do business is teiminated by
the State. The substitute Surety must be authorized by the laws of the State and acceptable to the
Department. Work will be suspended until a substitute Surety is provided. Working day charges
will be suspended for 15 days or until an acceptable Surety is provided, whichever is sooner.
Article 7.8. Hauling and Loads on Roadways and Structures is supplemented by the
following:
D. Stockpiling of Materials. Do not store or stockpile material on bridge sri-uctures without
written pez�rnission. If requi�ed, submit a sn-uctural analysis and supporting documentation by a
licensed professional engineer for review by the Engineer. Pei�nission may be granted if the
Engineer finds that no damage or overshesses in excess of those normally allowed for occasional
overweight loads will result to structures that will remain in use after Contract completion.
Provide temporary matting or other protective measures as directed.
Article 7.14. Contractor's Responsibility for Work, Section B. Appurtenances is voided and
replaced by the following:
B. Appurtenances.
L Unreimbursed Repair. Except for destiuction (not reusable) due to huz7icanes,
reimbursement will not be made for repair of damage to the following temporary
appurtenances, regardless of cause:
• signs,
• bar�icades,
• changeable message signs, and
• other work zone traffic control devices.
Crash cushion attenuators and guardrail end treatments are the exception to the above
listing and are to be reimbursed in accordance with Section 7.14.B.2, "Reimbursed
Repair."
For the devices listed in this section, reimbursement may be made for damage due to
hun7canes. Where the contractor retains replaced appurtenances after completion of
the project, the Department will limit the reimbursement to the cost that is above the
salvage value at the end of the project.
2. Reimbursed Repair. Reiinbursement will be made for repair of damage due to the
causes listed in Section 7.14.A, "Reimbursable Repair," to appurtenances (including
tempor•ary and permanent crash cushion attenuators and guardrail end treatments).
2-4 007---918
11-11
Article 7.15. Electrical Requirements, Section A. Definitions, Section 3. Certified Person is
voided and replaced by the following:
3. Certified Person. A certified person is a person who has passed the test from the TxDOT
course TRF450, "TxDOT Roadway Illumination and Electrical Installations" or other
courses as approved by the Traffic Operations Division. Submit a cui�ent and valid TRF
certi�cation upon request. On June l, 201 l, Texas Engineering Extension Seivice (TEEX)
certifications for "TxDOT Electrical Systems" course will no longer be accepted. All TRF
450 cez-tifications that have been issued for "TxDOT Roadway Illumination and Electrical
Installations" course that expire before June 1, 2011 will be accepted until June 1, 2011.
Article 7.15. Electrical Requirements, Section A. Definitions, Section 4. Licensed
Electrician is voided and replaced by the following:
4. Licensed Electrician. A licensed electrician is a person with a cui�ent and valid
unreshicted master electrical license, or uruestricted joutneyman electrical license that is
supeivised or directed by an uruestricted master elecnician. An uruestricted master
electrician need not be on the work locations at all times electrical work is being done, but
the unresn•icted master electrician inust approve work performed by the uruesnicted
journeyman. Licensed electrician requirements by city ordinances do not apply to on state
system work.
The unrestricted journeyinan and unreshicted master electrical licenses must be issued by the
Texas Department of Licensing and Regulation or by a city in Texas with a population of 50,000
or greater that issues licenses based on passing a written test and demonstrating experience.
The Engineer may accept other states' electrical licenses. Submit documentation of the
requirements for obtaining that license. Acceptance of the license will be based on sufficient
evidence that the license was issued based on:
• passing a test based on the NEC similar to that used by Texas licensing officials, and
� sufficient elect�•ical experience commensurate with general standards for an unrestricted
master and uruesnicted journeyman elect�ician in the State of Texas.
Article 7.19. Preservation of Cultural and Natural Resources and the Environment is
supplemented by the following:
G. Asbestos Containing Material. In Texas, the Department of State Health Services (DSHS),
Asbestos Programs Branch, is responsible for administering the requirements of the National
Emissions Standards for Hazardous Air Pollutants, 40 CFR, Subpai-t M(NESFIAP) and the
Texas Asbestos Health Protection Rules (TAIII'R). Based on EPA guidance and regulatory
bacicground information, bridges are considered to be a regulated "facility" under NESHAP.
Therefore, federal standards for demolition and renovation apply.
Provide notice to the Department of demolition or renovation to the structures listed in the plans
at least 30 calendar days prior to initiating demolition or renovation of each structure or load
bearing member. Provide the scheduled start and completion date of structure demolition,
renovation, or removal.
3-4
007---918
11-11
� When demolition, renovation, or removal of load bearing members is planned for several phases,
provide the start and completion dates identified by separate phases.
DSHS requires that notifications be postmarked at least 10 working days prior to initiating
demolition or renovation. If the date of actual demolition, renovation, or removal is changed, the
Department will be required to notify DSHS at least 10 days in advance of the worlc. This
notification is also requi�ed when a previously scheduled (notification sent to DSHS) demolition,
renovation or removal is delayed. Therefore, if the date of actual demolition, renovation, or
removal is changed, provide the Engineer, in writing, the revised dates in sufficient time to allow
for the Depa1-tment's notification to DSHS to be postmarked at least 10 days in advance of the
actual work.
Failure to provide the above infolmation may require the temporaiy suspension of work under
Article 8.4, "Temparary Suspension of Work or Working Day Charges," due to reasons under
the connol of the Cont�actor. The Department retains the i-ight to determine the actual advance
notice needed for the change in date to address post office business days and staff availability.
Article 7.20, Agricultural Irrigation. This Item is supplemented by the following:
Regulate the sequence of work and make provisions as necessary to provide for agricultural
ii�igation or drainage during the work. Meet with the Irrigation District or land owner to
determine the proper time and sequence when irrigation demands will permit shutting-off water
flows to perfoi�n work.
Unless otherwise provided on the plans, the work required by these provisions will not be paid
for directly but shall be considered as subsidiary work pei-taining to the various bid items of this
conn�act.
4-4 007---918
11-11
2004 Specifications
SPECIAL PROVISION
008---119
Prosecution and Progress
For this project, Item 8, "Prosecution and Progress," of the Standard Specifications, is
hereby amended with respect to the clauses cited below, and no other clauses or
requirements of this Item are waived or changed hereby.
Article 8.8. Subcontracting, is supplemented with the following:
For all DBE subcontracts including all tiered DBE subcontracts, submit a copy of the
executed subcont�act agreement.
1-1 008---119
06-10
2004 Specifications
�
SPECIAL PROVISION
009---009
Measurement and Payment
For this project, Item 009, "Measurement and Payment," of the Standard Specifications, is
hereby amended with respect to the clauses cited below, and no other clauses or requirements of
this Item are waived or changed hereby.
Article 9.6. Progress Payments, Section A, Retainage is voided and replaced by the following:
A. Retainage. Retainage will not be withheld on this project.
Article 9.6. Progress Payments, Section B, Payment Provisions for Subcontractors is voided
and replaced by the following:
B. Payment Provisions for Subcontractors. For the purposes of this Article only, the term
subcontractor includes suppliers and the term work includes materials provided by suppliers at a
location approved by the department. Pay the subcontractors for work performed within 10 days
after receiving payment for the work performed by the subcontractor. Also, pay any retainage on
a subcontractor's work within 10 days after satisfactory completion of all of the subcontractor's
work. Completed subcontractor work includes vegetative establishment, test, maintenance,
performance, and other similar periods that are the responsibility of the subcontractor.
For the purpose of this Section, satisfactory completion is accomplished when:
the subcontractor has fulfilled the Contract requirements of both the Department and the
subcontract for the subcontracted work, including the submittal of all information required
by the specifications and the Department; and
the work done by the subcontractor has been inspected, approved, and paid by the
Department.
The inspection and approval of a subcontractor's work does not eliminate the Contractor's
responsibilities for all the work as defined in Article 7.14, "Contractor's Responsibility for
Work."
The Department may pursue actions against the Contractor, including withholding of estimates
and suspending the work, for noncompliance with the subcontract requirements of this Section
upon receipt of written notice with sufficient details showing the subcontractor has complied
with contractual obligations as described in this Article.
These requirements apply to all tiers of subcontractors. Incorporate the provisions of this Article
into all subcontract or material purchase agreements.
1-1 009---009
04-06
2004 Specifications
SPECIAL PROVISION
009---015
Measurement and Payment
For this project, Item 9, "Measurement and Payment," of the Standard Specifications, is hereby
amended with respect to the clauses cited below, and no other clauses or requirements of this
Item are waived or changed hereby.
Article 9.5. Force Account, B. Insurance and Taxes is replaced by the following:
B. Labor Burden. An additiona155% of the labor cost, excluding the 25% compensation
provided in Section 9.S.A, "Labor," will be paid as compensation for labor insurance and
labor taxes including the cost of premiums on non-project specific liability (excluding
vehicular) insurance, workers compensation insurance, Social Security, unemployment
insurance taxes, and fringe benefits.
1-1
009---0 l 5
12-07
2004 Specifications
SPECIAL PROVISION
500---005
Mobilization
For this project, Item 500, "Mobilization," of the Standard Specifications, is hereby amended
with respect to the clauses cited below, and no other clauses or requirements of this Item are
waived or changed hereby.
Article 500.1. Description is supplemented by the following:
Work for this Item includes submissions required by the Contract.
Article 500.3. Payment, Section A is voided and replaced by the following:
A. Payment will be made upon presentation of a paid invoice for the payment, performance, or
retainage bonds, and required insurance. The combined payment for bonds and insurance will be
no more than 10% of the mobilization lump sum or 1% of the total Contract amount, whichever
is less.
Article 500.3. Payment, Section F is voided and replaced by the following:
F. Upon final acceptance, 97% of the mobilization lump sum bid will be paid. Previous
payments under this Item will be deducted from this amount.
Article 500.3. Payment is supplemented by the following:
G. Payment for the remainder of the lump sum bid for "Mobilization" will be made after all
submittals are received, iinal quantities have been determined and when any separate vegetative
establishment and maintenance, test and performance periods provided for in the Contract have
been successfully completed.
1-1 500-005
03-08
2004 Specifications
SPECIAL PROVISION
502---033
Barricades, Signs, and Traffic Handling
For this project, Item 502, `Barricades, Signs, and Traffic Handling," of the Standard
Specifications, is hereby amended with respect to the clauses cited below, and no other clauses
or requirements of this Item are waived or changed hereby.
Article 502.4. Payment, Section C. Maximum Total Payment Prior to Acceptance is voided
and replaced by the following:
C. Maximum Total Payment Prior to Acceptance. The total payment for this Item will not
exceed 10% of the total Contract amount before final acceptance in accordance with Article 5.8,
"Final Acceptance." The remaining balance will be paid in accordance with Section 502.4.E,
`Balance Due."
1-1 502---033
10-07
Buy America
General. All steel and iron products must be of domestic origin. All manufacturing processes must take
place domestically. Current regulations require the use of domestic steel and iron in federally funded
highway construction. All foreign steel and iron materials and products are covered by Buy America
regulations regardless of the percentage they comprise in a manufactured product or the form they may
take. The regulations allow bidders and the LG some latitude through minimum use, waivers and
alternate bids.
As previously mentioned, all manufacturing processes must take place domestically. Manufacturing
begins with the initial melting and mixing, and continues through the coating stage. Any process that
modifies the chemical content, the physical size or shape, or the final finish is considered a
manufacturing process. These processes include rolling, extruding, machining, bending, grinding,
drilling and coating. Coating includes epoxy coating, galvanizing, painting, or any other coating that
protects or enhances the value of the material.
Buy America does not apply to raw materials (iron ore and alloys), scrap, pig iron or processed,
_ pelletized, and reduced iron ore. Insufficient domestic supplies of raw materials caused FHWA to issue
a nationwide waiver allowing foreign source supplies of these items. The waiver may be found at the
FHWA website (htt�://www.fhwa.dot.gov/programadmin/contracts/032495.cfm) If domestically
produced steel billets or iron ingots are shipped overseas for any manufacturing process, and then
returned to the U.S., the resulting product does not conform to the Buy America requirements.
The manufacturing process for a steel/iron product is considered complete when the product is ready for
use as an item (e.g., fencing, posts, girders, pipe, manhole cover, etc.) or could be incoiporated as a
component of a more complex product through a further manufacturing process (e.g., the case for a
traffic signal head). The final assembly process does not need to be accomplished domestically so long
as the steel/iron component is only installed and no manufacturing process is performed on the steel/iron
component.
Example: Shapes produced domestically from foreign source steel billets are not acceptable under Buy
America since the initial melting and mixing of alloys to create the steel occuired in a fareign country.
Example: All welding must take place domestically since the welding rod itself is typically an iron/steel
product and the welding process substantially alters the rod.
Buy America does not apply to minimal use of iron/steel materials provided that the total cost of all
foreign source items used in the project, as delivered to the project site, is less than $2,500 or one-tenth-
of-one-percent (1/10 of 1%) of the contract amount, whichever is greater. If a supplier or fabricator
wishes to use a partial fabrication process where domestic and foreign source components are assembled
at a domestic location, the "as delivered cost" of the foreign components should include any
transportation, assembly and testing costs required to install them in the final product.
For the Buy America requirements to apply, the steel or iron product must be permanently incorparated
into the project. Buy America does not apply to temporary steel items (e.g. temporary sheet piling,
temparary bridges, steel scaffolding and falsework, etc.) Further, Buy America does not apply to
materials that remain in place at the contractor's convenience.
The practice of making otherwise eligible items non-participating far the purpose of circumventing the
Buy America requirements is unacceptable and will not be approved. There is no clear-cut rule for
resolving an after-the-fact discovery of an inadvertent incorporation of an excess amount of foreign
materials into a project. Each situation should be resolved on a case-by-case basis. FHWA retains the
authority to resolve all Buy America issues.
Buy America provisions apply to all material incorporated in a Federal-aid project, even if an item is
rendered as a"donated material" in accordance with 23 U.S.C. 323 - Donations and Credits. While the
LG may receive a credit for donated material, this material must generally comply with Buy America.
Waivers. Approval authority for waivers of Buy America requuements is retained by FI-IWA for all
federally funded projects. The FHWA may grant a waiver of the Buy America requirements for specific
projects if the LG can demonstrate either of the following:
a. Compliance with the requirements is inconsistent with the public interest; or
b. Insufficient quantities of satisfactory quality domestic products are available.
Materials delivery delay will not be considered as grounds for a waiver. The cost differential between
domestic and foreign products is also not grounds for a waiver.
An LG may apply for a waiver of the Buy America provisions if it believes that a waiver is warranted.
The LG must submit the waiver request with supporting information through TxDOT to FHWA
sufficiently in advance of need to allow time for proper review and action.
Alternative Bidding Procedures. An alternative bidding procedure may be used to justify the use of
:
foreign steel or iron. Under this procedure, the total project is bid using two alternatives: one which is
based on foreign source products, and the second, using domestic products. The use of foreign products
may be justified if the lowest total bid based on domestic steel or iron products is 25 percent mare than
the lowest bid using corresponding foreign steel or iron products. The 25 percent differential applies to
the total bid for the entire project, not just the bids for the steel ar uon products.
Enforcement. The LG is responsible for enforcing the Buy America provisions. The contract provisions
should require the contractor to provide a definitive statement about the origin of all products covered
under the Buy America provisions. An alternate procedure is to use step certification for products.
Under step certification, each handler of the product (supplier, fabricator, manufacturer, processor, etc.)
certifies that his or her step in the process was domestically performed.
Federal Regulations
a. 23 CFR 635.410 — All iron and steel products must be of domestic origin. Waivers may be approved by
FHWA.
b. 23 CFR 636.119 Design-build — TxDOT must ensure compliance with Buy America regardless of the
form of FIIWA funding.
State Regulations
a. Transportation Code 223.045 — A contract awarded by TxDOT on the state highway system without
federal aid must contain the same preference provisions for steel and steel products that are required under
federal law for a federally funded project. There is no specific requirement for other entities to follow this
statute.
Required Practices
a. Projects with federal funds comply with the Buy America statute.
b. Concessionaire projects administered by TxDOT must comply with TTC 223.045. TxDOT executing an
agreement with a concessionaire is considered the same as TxDOT awarding a contract.
LG Responsibilities
a. If there is federal funds the LG must prepare any requests for waivers and submit the request through
TxDOT to FHWA for approval prior to advertisement for receipt of bids.
�
b. If there are federal funds or project is awarded by TxDOT, the LG must include contract provisions that
address Buy America.
c. If there are no federal or state funds and the project is not awarded by TxDOT, the LG does not have to
comply with these provisions.
TxDOT District Responsibilities
a. The District must assure that Buy America provisions are included in all procurement documents for
federally funded projects and that the provisions of Transportation Code 223.045 are included in
concessionaire projects administered by TxDOT.
CONVICT-PRODUCED MATERIALS AND CONTRACT LABOR
As stated in 23 CFR 635.117:
No construction work shall be performed by convict labor at the work site or within the limits of
any Federal-aid highway construction project from the time of award of the contract or the start
of work on force account until final acceptance of the work by the STD unless it is labor
performed by convicts who are on parole, supervised release, or probation.
As stated in 23 CFR 635.417:
Materials produced after July 1, 1991, by convict labor may only be incoiporated in a Federal-
aid highway construction project if such materials have been:
(1) Produced by convicts who are on parole, supezvised release, or probation from a prison or
(2) Produced in a qualified prison facility and the cumulative annual production amount of such
materials for use in Federal-aid highway construction does not exceed the amount of such
materials produced in such facility for use in Federal-aid highway construction during the 12-
month period ending July 1, 1987.
(b) Qualified prison facility means any prison facility in which convicts, during the 12-month
period ending July 1, 1987, produced materials for use in Federal-aid highway construction
projects.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2�
28
29
30
31
32
33
34
35
�
003513-1
CONFLICT OF INTEREST AFFIDAVIT
Page 1 of 1
SECTION 00 35 13
CONFLICT OF INTEREST AFFIDAVIT
Each bidder, offeror, or respondent (hei•einafter also referred to as "you") to a City of Fort Worth
(also r•eferred to as "City") procurement are 1•equii•ed to complete Conflict of Interest
Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure
Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the
Bidder has on file with the City Secretaiy the required documentation and is eligible to bid on
City Worlc. The referenced forms may be downloaded from the website links provided below.
http://wvv�v.ethics.state.tl.us/forms/CIQ.pdf
httu://ww«�.ethics. state.t�.us/forms/CI S.
CIQ Form is on file with City Secretaiy
CIQ Form is being pr-ovided to the City Secretaiy
CIS Form is on File with City Secretary
CIS Foim is being provided to the City Secretary
iII1 '
C.-Tc� f nc
Company
�C�(�1 C�r�P �at��� ',�ES�
Address
-� �.7 I� DQ..Tu, —�-� � (.�ll t�
City/State/Zip
By: I�u R-r ����ERsa N
(Please Print)
Signature: �1G��" v`�_
Title: ��• V `l. � �� ES�pC ��
(Please Print)
37 END OF SECTION
C1TY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised March 27, 2012
Soz�tlr-Cenlrnl Kigh-Speed Corrida• Otriel Zo�re
COOS�6
cotvFL�cT �� r��ER�s�r �u�sTio�r�a��� FORnn �
For vendor or other person doing business with local governmental enfity
This questionnaire is being filed in accordance with chapter 176 of the Local
� Government Code by a person doing business with the governmental entity,
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the person
becomes aware of facts fihat require the statement to be filed. See Section
176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
Name of person doing business with iocal governmenfal entity,
Kurt Anderson
❑ Check this box if you are filing an update to a previously filed questionnaire.
OFFICE USE ONLY
Dale Received
(The law requires that you file an updated compieted questionnaire with the appropriate filing authority not later than
September 1 of the year for which an activity described in Section 176.006(a), Local Government Cade, is pending and
nof later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
Describe each affiliation or business relationship witli an employee or contractor of the local governmenta( eniity who malces
recommendations to a local government officer of the locai governmental entity with respect to expenditure of maney.
Narze
Describe each affiliation or business relationship with a person who is a locaf government officer and who appoints or
employs a focal governmeni officer of the local governmental entify that is the subject of tfiis questionnaire.
Noi�.e
C��1F'Ll�i' C)� ti�TER�ST QU��I"I�N�lAl�E F�RM I
For vendor or other person doing business with locai governmental entity �'�9e 2
Name of local government officer with whom fifer has affilitation or business rela4ionship. (Complete this section only if fhe
answer ta A, B, or C is YES.)
This section, item 5 fncluding subparts A, B, C& D, must be completed for each officer with whom the filer has aHiliation or
business relationship. Attach additional pages to this Form CIQ as necessary,
A. Is the local government officer named in this section receiving or likely to receive taxabie income from the filer of the
questionnaire?
� Yes � No
B. is the filer af the questionnaire receiving ar likely to receive iaxable income from or at the direction of the locai government
officer named in this section AND the taxabie incnme is not from the locai governmental entity?
�Yes X�No
C. Is the filer of this questionnaire effiliated with a corporation or other business entity that the local government officer serves
as an o�cer or director, or hoids an ownershi� of 10 percent or more?
� Yes � No
D. Describe each affiliation or business relationship.
Describe any other affiliation or business relationship that might cause a conflicf of interest.
�
Siynatur of person doing business with the governmentai entity
�1�. �� ��
Date
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046
See reverse for ublic burden disclosure.
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
� a. contract �a. bid/offer/application � a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post-award For Material Change Only:
d. loan year quarter
e. loan guarantee date of last report
f. loan insurance
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
❑ Prime ❑ Subawardee and Address of Prime:
Tier , ifknown:
Congressional District, if known : 4c Congressional District, if known :
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known : 9. Award Amount, if known :
$
10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if
( if individual, last name, first name, Ml): different from No. 10a)
(last name, first name, MI):
11Information requested through this to�m is authorized by title 31 U.S.C. section
' 1352. This disclosure of lobbying activities is a material representation of tact Signature:
upon which reliance was piaced by the iier above when this transaction was made
or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This Print Name:
information will be available for public inspection. Any person who fails to file the
required disclosure shall be subject to a civil penaity of not less than $10,000 and Title:
not more than $100,000 for each such failure.
Telephone No.: Date:
FBderal USe 0111y: Authorized for Local Reproduction
` Standard Form LLL (Rev. 7-97)
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal
action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreementto make
paymentto any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof
Gongress, or an employeeof a Memberof Congress in connectionwith a covered Federal action. Completeall items that applyfor both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriateclassification of this report. If this is a followup report caused by a material change to the information previously reported, enter
the year and quarter in which the change occurred. Enter the date of the last previouslysubmitted report by this reporting entity for this covered Federal
action.
4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification
of the reporting entitythat designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee
of the prime is the 1 st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organizationfiling the report in item 4 checks "Subawardee,"then enter the full name, address, city, State and zip code of the prime Federal
recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For
example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1(e.g., Request for Proposal (RFP) number;
Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number
assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federai agency, enter the Federal amount of the award/loan
commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and
Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control
Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is
estimated to average 10 minutes per response, inciuding time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington,
DC 20503.
NON-COLLU�ION AFFIDAVIT
STATE OF Texas
COtTNTIT OF Tarrant
I, Kurt J. Anderson , of the City
of Fort Worth , County of Tai�•ant and State of
Texas , beinb of fi�ll age and duly swarn according to law on my oath
depose and say: ,
That I a�n seniorvicepresident (Title) of
CTC', ine � , the Bidd�r making
t}ie Bid submitted to the City of Fort Worth, on the 15 day af January , 2017 , for
Coiltract Na. in comiectiot� with the Sauth Central High-Speed Rail Corridor Quiet Zolle
projeet; that I executed the s�id Bid witli fiill authority to clo so;
The said Bidder has not, directly or indirectly, entered into any combination ar an•angement
with any person, fii7n or corporation or entered iuto any agreement, pai�ticipated in any callusion, or
otherwise taken any action in restt•aint of free, conzpetitive bidding or wl�ich would increase the
cost of construction or maintenance ul connection with the said Contract, tllat no person or selling
agency has been emplayed or retained to solicit or secure the said Contract upan an agreement or
understanding %r a conunission, percentage, brokerage or contingent fee, except bona fide
full-time employees;
And that said Bidder is or has been a member of the fallowing higliway cantr�ctors'
association during the precedin; twelve morlths:
Name of Associatian Location of Principal Of�ce
NC-1
i�_� CWILD SUPP4RT STATEIUtENT �4R THE
,�„ TEXAS DEPAR7MENT OF TRANSPORTATIQN
��� � �OR NEGC)TIATED CONTRACTS AND GRANTS
Under Family Cade, Secfiion 231.006, (name of individual)
cer�ifies that (name of business) � (vendor #}
as of (enter date) is eligible to receive a grant, iaan, or payment and acknowledges that
;; any contract may be terminated and payment may be withheld if this certifcatian is inaccurate.
List below the name and sacial security number of the individual or sole proprietar and each partner,
sharehalder, ar owner wifih an awnership interest of at least 25% of the business entity submitting the
bid ar application. This farm must be updated whenever any party abtains a 25Q/o ownership interest in
the business entity.
Name (please prinf tegrbly, ifhandwritten) Social Security Number
Famify Code, Section 231.006, specifies that a child support obligor who is more than thiriy (30) days
delinquent in paying child support and a business entity in which the obligor'ss a sole propriefior, partner,
shareholder, or owner with an ownership interest of at least 25% percent is nofi eligible ta receive
payments from state funds under a confiract to provide property, materials, or services; ar receive a state-
funded grant or loan.
A child support obliqor ar business entity ine[igible to,receive payments described above remains
Eneligible until al! arrearage have been paid or the obl�gor is in campliance with a written repayment
agreement or court arder as to any existing delinquency.
Except as provided by Family Cade, Section 231.302(d}, a social security number is confidential and may be discfosed only for
the purposes of responding to a request for information from an agency operating under the pravisions of Subchapters A and
D of Title IV of the federa{ Social Security Act {42 U.S.C. Sections 601 et seq. ancf 651 et seq.}
The Texas Department of Transportation maintains the inforrnation cotlec�ed fihrough this article.
With few exceptions, you are entitled on request ta be informed about the information that we
collect about yau. Under Sectians 552.021 and 552.023 of the Texas Government Code, you also
are entitled to receive and review the information. Under Section 559.004 of the Government
Code, you are alsa entitled to have us correct information about you ihat is incarrect.
� Please send this form to Texas Department of Transportation, General Services Oivision {GSD).
� Contract Services Secfion,125 E.11th St►-eet, Austin,Texas 78701-Z483.
Page 1 af 1 Revised 1/OS
Stafe of Texas Child Suppori Business Ownership Form
Caunty: Tarrant
TxDOT CSJ: � q d�"� U'' Co �'�#-
Business Entity Submitting Bid: CTC. inc.
� i � �
� 1 ■ •� •"• C. • ••
LG Project Number: Ob �S (�
Section 231.006, Family Code, requires a bid for a contract paid from state funds to include the names and sociai security
number of individuais owning 25% or more of the business entity submitting the bid.
1. fn the spaces below please provide the names and social security number of individuals owning 25% or more af
the business.
Name
Richard Bertel
Sacial Security Number
2. Please check the box below if no individual owns 25% or more of the business..
() No individual own 25% or mare of the business.
Except as provided by Section 23�.302(d), Family Code, a social security number is confidential and may be disclosed
only for the purpose af respanding to a request far information from an agency operating undei� the provisions of Part A
and D to Title IV of the Federal Social Security Act (42 USC Section 601-617 and 651-699).
Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this
contract, bid, or application is not ineligible ta receive the specified grant, loan, or payment and acknawledges that this
contract may be terminated and payment may be withheld if this certification is inaccurate.
The information collected on this form will be maintained by Kurt Anderson . With few exceptions, you
are entitled on request to be informed about the information collected about you. Under Sections 552A21 and 552.023 of
the Texas Government Code, you also are entitled to receive and review the information. Under Section 559.004 of the
Government Code, you are also entitled to have information about you corrected that you believe is incorrect.
� V p�,�(,��tM
�r
Signature
Kurt Anderson
Printed Name
2/15/20� 7
Da#e
IF THIS PR�JECT IS A JOINT VENTURE,
ALL PARTIES TO THE JOINT VENTURE MUST PROVIDE A COMPLETED FC7RM.
1
2
3
4
5
6
7
8
9
10
��
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
004526-1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 1 of 1
SECTION 00 45 26
CONTRACTOR COMPLIANCE WITH WORI�ER'S CONIPENSATION LAW
Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it
provides worker's compensation insurance coverage for all of its employees employed on City
Project No. C00856. Contractor further certifies that, pursuant to Texas Labor Code, Section
406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with
worker's compensation coverage.
CONTRACTOR:
CTC� I �
Company
qf�01 CP�� �0`u��E �, ES-t
Address
-�oe7(�o�iN���i ��)(�¢
City/State/Zip
THE STATE OF TEXAS
COUNTY OF TARR_ANT
By� �,�t��.fi t�� DE�.soN
(Please Print)
Signature:
Title: , � �. v �CE �',�E SID�1J �
(Please Print)
B1� ORE ME, the undersigned autharity, on this day personally appeared
KUR-T rS � , lcnown to me to be the person whose name is
h r
subscribed to the oregoing instrument, and acknowledged to me that he/she executed the same as
the act and deed of (J' -j'C�� C• for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �$'j'� day of
��rvvA..(�.H , 20 �l.
+p`�Y NORIME A WEGMER
Notary ID � 130575313 Notary Public u1 or the State of Texas
My Commission Expires
•,+Ra+�*� March 10, 2020
END OF SECTION
CITY OF FORT WORTH South-Central High-Speed Corridor Ouiet Zone
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C00856
Revised 7uly 1, 2011
00 43 37
VENDOR COMPLIANCE TO STATE LAW
Page 1 of 1
SECTION 00 43 37
VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER
Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This
law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors
whose corporate offices or principal place of business are outside the State of Texas) bid projects for
construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident
bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in
order to obtain a comparable contract in the State which the nonresident's principal place of business is located.
The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet
specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident
bidders must check the box in Section B.
A. Nonresident bidders in the State of State Here or �lank , our principal place of business,
are required to be % Here percent lower than resident bidders by State Law. A copy of the
statute is attached.
Nonresident bidders in the State of State Here or 61ank , our principal place of business,
are not required to underbid resident bidders.
B. The principal place of business of ur company or our parent company or majority owner is
in the State of Texas. �
BIDDER:
Company Name Here
CTG�Inc.
Address Here `� UD I CAM P gaW� L W�S�
Address Here or Space
City, State Zip Code Here� (Z-t W OjZiN�� 1�� ��
END OF SECTION
By: Printed Name Here �V ��� p d L- r SotJ
(Signature)
Title: Title Here SQ.�( l(,� \RGSIP�tJ''
Date: � I pf ��
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20110627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook.xls
CITY OF FORT WORTH, TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
This Contract made and entered intothis the 6th day of December,2016
20 , by and between the City of Fort Worth, a home-rule municipal corporation situated in
Tarrant, Denton, Parker, and Wise Counties, Texas, by and through its duly authorized Assistant
City Manager, ("Owner"), and CTC, Inc. ("Contractor"). Owner and Contractor may be referred to
herein individually as a"Party" or collectively as the "Parties."
WITNESSETH: That said Parties have agreed asfollows:
That for and in consideration of the payments and agreements hereinafter mentioned to
be made and performed by the Owner, and under the conditions expressed in the bond bearing
even date herewith, the said Contractor hereby agrees with the said Owner to commence and
complete the construction of certain improvements described as follows:
FOR: South-Central High-Speed Corridor Quiet Zone (City Project No. 00856)
That the work herein contemplated shall consist of the Contractor furnishing as an
independent contractor all labor, tools, appliances and materials, necessary for the construction
and completion of said project in accordance with the Plans and Specifications and Contract
Documents prepared by or on behalf of the City of Fort Worth for the Transportation and Public
Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth,
which Plans and Specifications and Contract Documents are hereto attached and made a part of
this Contract the same as if written herein.
3.
The Contractor hereby agrees and binds itself to commence the construction of said work
within ten (10) days after being notified in writing to do so by the Transportation and Public Works
Department of the City of FortWorth.
0
The Contractor hereby agrees to prosecute said work with reasonable diligence after the
commencement thereof and to fully complete and finish the same ready for the inspection and
approval of the Transportation and Public Works Department of the City of Fort Worth and City
Council of the City of Fort Worth within a period of 60 Workingdays.
If the Contractor should fail to complete the work as set forth in the Plans and Specifications and
Contract Documents within the time so stipulated, plus any additional time allowed as provided in
the General Conditions, there shall be deducted from any monies due or which may thereafter
become due him, the sum of $590 per working day, not as a penalty but as liquidated damages,
the Contractor and its Surety shall be liable to the Owner for such deficiency.
5.
Should the Contractor fail to begin the work herein provided for within the time herein
fixed or to carry on and complete the same according to the true meaning of the intent and terms
of said Plans, Specifications and Contract Documents, then the Owner shall have the right to
either demand the Surety to take over the work and complete same in accordance with the
Contract Documents or to take charge of and complete the work in such manner as it may deem
proper, and if in the completion thereof, the cost to the Owner shall exceed the contract price or
prices set forth in the Plans and Specifications made a part hereof, the Contractor and/or its
Surety shall pay Owner on demand in writing, setting forth and specifying an itemized statement
of the total cost thereof, said excess cost.
C:�
Contractor covenants and agrees to indemnify the Owner, Owner's Engineer and
Architect, and their personnel at the project site for Contractor's sole negligence. In addition,
Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense,
the Owner, its officers, servants and employees, from and against any and all claims or suits for
property loss, property damage, personal injury, including death, arising out of, or alleged to arise
out of, the work and services to be performed hereunder by Contractor, its officers, agents,
employees, subcontractors, licensees or invitees, whether or not any such ini�. damage or
death is caused. in whole or in ap rt. by the negliaence or alleged negliaence of Owner. its
officers. servants. or em�loyees. Contractor likewise covenants and agrees to indemnify and
hold harmless the Owner from and against any and all injuries to Owner's officers, servants and
employees and any damage, loss or destruction to property of the Owner arising from the
performance of any of the terms and conditions of this Contract, whether or not any such injurv
or damage is caused in whole or in a�rt by the neqligence or alleged negligence of Owner.
its officers. servants or em I�oyees.
In the event Owner receives a written claim for damages against the Contractor or its
subcontractors prior to final payment, final payment shall not be made until Contractor either (a)
submits to Owner satisfactory evidence that the claim has been settled and/or a release from the
claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier
that the claim has been referred to the insurancecarrier.
The Director may, if deemed appropriate, refuse to accept bids on other City of Fort
Worth public work from a Contractor against whom a claim for damages is outstanding as a result
of work performed under a City of Fort Worth contract.
7.
The Contractor agrees, upon the execution of this Contract, and before beginning work,
to make, execute and deliver to City of Fort Worth the following bonds in the name of the City of
Fort Worth in a sum equal to the amount of the Contract. The form of the bond shall be as herein
provided and the surety must first be acceptable to the City of Fort Worth. All bonds furnished
hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as
amended.
A. If the total contract price is $25,000 or less, payment to the contractor shall be
made in one lump sum. Payment shall not be made for a period of 45 calendar days from the
date the work has been completed and accepted by theOwner.
B. If the contract amount is in excess of $25,000, a Payment Bond shall be
executed, in the amount of the Contract, solely for the protection of ali claimants supplying labor
and material in the prosecution of.the work.
C. If the Contract amount is in excess of $100,000, a Performance Bond shall be
executed, in the amount of the Contract conditioned on the faithful performance of the work in
accordance with the Plans, Specifications, and Contract Documents. Said bond shall solely be
for the protection of the Owner.
D. A Two-year Maintenance Bond in the name of the Owner is required for all
projects to insure the prompt, full and faithful performance of the general guarantee contained in
the Contract Documents.
The Owner agrees and binds itself to pay, and the Contractor agrees to receive, for all of
the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the
Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment
will be made in monthly installments upon actual work completed by Contractor and accepted by
the Owner and receipt of invoice from the Contractor. The agreed upon total Contract amount,
shall be One Hundred Fiftv Thousand, Seven Hundred Twenty-Nine and 00/�00 Dollars,
j$150, 729, 00).
�
It is further agreed that the performance of this Contract, whether in whole or in part, shall
not be sublet or assigned to anyone else by said Contractor without the written consent of the
Owner. Any request for any sublease or assignment shall be made in writing and submitted to
the Director of the Transportation and Public Works Department.
10.
The Contractor agrees to pay at least the minimum wage per hour for all labor as the
same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is
attached hereto and made a part hereof the same as if it were copied verbatim herein.
11.
It is mutually agreed and understood that this Contract is made and entered into by the
Parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth
and the laws of the State of Texas with references to and governing all matters affecting this
Contract, and the Contractor agrees to fully comply with all the provisions of the same.
IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in
counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with
the corporate seal of the City of Fort Worth attached. The Contractor has executed this
instrument through its duly authorized officers in four counterparts with its corporate seal
attached.
Done in Fort Worth, Texas, this the 6th day of December, A.D., 2016
APPROVAL RECOMMENDED:
�� �� ��' CJ,
Douglas , iersig, P.E.
DIRECT R, TRANSPORTATIO ND
PUBLIC WORKS DEPARTMENT
CTC, Inc.
CONTRACTOR
BY: C�
S . C,E csi��N�
TITLE
�(�ol �AM��ow►E W�T�,3�;zr�,
ADDRESS ']'�( `����(Q
CITY OF FORT WORTH
�
BY:
Jesus J. Chapa
ASSISTANT CITY MANAGER
ATTEST:
CITY �ECR
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
Dougl . lack
ASSISTANT CITY ATTORNEY
�'►�. �-� C - ZB OD k
! Z -6- l d
l Zy �' ��a16 - t z t B� y'
oF�ic�ai �cor�
CITY SECRETAR1f
FT. WORTH, TX
Contt•act Compliance Manager:
By signing I acicnowledge that I am the person responsible
for the inonitoring and adininish•ation of this contract, including
ensuring all perfoimance and reporting requirements.
��� � ��'� � ;
�, � �' �� 1%' rG-,-� i :� � % /'4�
�
Name of Employee
� -
! "/%'�i - .„ �/ �,C-
Title
iE-I� STATE OF TEXAS
COUNTY OF TARRANT
p��I�ORMANCE BOND
§ �
§ KN�W ALL �Y TF-I�S� �R�SENTS:
§
That we, (1) CTC, Inc.
�zu�cXpaX h�z'�it�, a�d (2) Old Republic Surety Company
cozporatian or�anized und�x i:ho laws of ihe State of (3) W�sconsin
as
a
and vvho is
authoxiz�d to issu� surety bands in the State of `Texas, Sr.uety herein, a.re laeid and firmly bound
unto the City of Fort Worth, a xxauniaipal coxpox�tioz� �oGai�c� iu� �'azxant axzd Z?�z�tan Couniies,
Texas, Obligee herein, u1 the sum of One Hundred Fifty Seven thousand Five Hundred dollars
Dollars ($ 157T500.00 � pd� th� �aayr�aent of which suzn we bind auz�sel�ves,
our heus, executors, administ�ratozs, succ�ssoxs a��l assi�s, joizktly and severally, firmly by these
presents.
i7V1�REAS, Principal has entered irita a certain written coniract with t�e (�bXxg�e �lated
the19th d�.y of January , 20. � 7, a copy af whiah is att�.ahed hereto and mad.e a p�rt
hereof for all p�rposes, �'or the c�nstruction� o£ Furnish and installl two complete
Wayside Horn Systems (WHS) for establishment of quiet zones on the South
Central High Speed Rail corridor.
NOW, THEREPORE, th� co�adi�zo:a of �Zis obligation is s�.ic�a, if t�e said Pz�iuicipai shall
fait�.fiz��y per�`oxzn t�ie �uvork in accozdar�ce with the pl�ns, specificatians, and contract clocurnents
and shail fuily �demnify and ho�d �axz�less ��e O�Iigee �rom �.11 costs and d�zxaa��s �vhiah
abligee may su£fer by reason o� Prineipat's deiault, �nd reimburse and re�ay Ubligee £or aIl
putlay an.d expense that Obligee may incl�r in m�king good such default, tlaen this obligatxo�.
shall be vaid; athaxwise, tp z��zx�aua zn :�ill .foxce and ��ect.
k'�.OVZUED, �QWEVE�2., that this band is exacuted pursuant ta Cha�ter 2253 af the
Texas Government Code, as amended, and �11 liabilities an this bond shall be deiezzxuzaed i�
accardAnce �vith the provisians of such statuie, ta the sa.�ze extei7t as if i� r�rere Cnpied at length
here:��.
II�T WY'T��SS '4V'E�E1�OF, the duly autharized represeritatives o� the principal and the
��are�+ have e�tecuted ihis instrurnent.
STGNEI� and SBAY,ED this 19th ��,y o�' ,lanuary � 2p 17 ,
ATT� T:
� �
(�'rincipal Secretary
(SEAL)
Wftness as to Prina3 a
ATTE�T:
Secretary
o�SEAL �;�
,o��;T;
""°,,,,,,,,, ......� � ;j�.
,,,,*�,�,,,,,,, ; , ,
,�/�/c-�l� ���.�2�-�
Witness as tQ Sur�ty
CTC, Inc.
PR[NCIFA
�y:
Name: U�- PE RSoN
Titl�: S�• V 1G G�RCS►�Ea i
Address: 9601 Camp Bowie West Bivd.
-
Fort Worth, TX 76116
Old Republic Surety Compan
SURETY � --
� � 7 I.
By: � �r' � � _� s
N�me; Edmund� W. Underwood��
Attomey in Fact
Addres�: 47 West Ellsworth Road
Ann Arbor,
T�lephone Number: $00-472-7090
NOT�: (1 } Cnrrc;ct name of f�rincipaf (Cantractor).
(2} Correct narne of Surety,
(3} State of incorpora#ian af Surety
Telephone number of ,�urety rrzust be �tateef. In �ddEtion, an ar�ginal cvpy of
Pawer of Attorney shail be attached to �ond by the Attomey-in-Fact.
The d�te af bAnd sh�ll no� be prinr tn date of Contract_
�**�
� �
� �I�� ��g�..���r�: ��; ��T�T �c����.���v�-
* �- - _ ___ _ _ _ - - _ _ _ - _ - - --. _ _
* *'� POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint:
EDMUND W. UNDERWOOD, KATHLEEN WINKELHAUS, OF ANN ARBOR, MI
its true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $50,000,000, for and on behalf of the company as surety, to execute and deliver
and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail
bonds, bank depository bonds, mortgage deficiency bonds, mortgagc guaranty bonds, guarantecs of installment paper and note guaranty bonds, sel£-insurance workers
compensation bonds guaran[eeing payment ot beneftts, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung
bonds), as follows:
ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED
FIVE MILLION DOLLARS($5,000,000)------------------------- FOR ANY SINGLE OBLIGATION.
and to bind OLD REPUBL[C SURETY COMPANY thereby, and all of the acts of said Attomeys-in-Fact, pursuant to these presents, are ratified and confirmed.
This document is not valid unless printedon colored background and is multi-colored. This appointment is made under and by authority of the board of directors
at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions
adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982.
RESOLVED that, the president, any vice-president, or assis[ant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove
any such attorney-in-fact or agent and revoke any Power of Attomey previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attorney-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-Fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such
signature and seal when so used shall have the same force and effect as though manually affixed.
1N WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 13TH day of APR1L, 2016. '
�;��cu suMEr'::.
� �'e t',
: w,-. n >_:
, tperow4��'. O .
= o' ��AL �;;
—�._.. -_-- As�stanl Sec� �ia y - -- - — �_. � J ,- r ,
? O rw� � P '
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS `,� �.,` •.�;�"�.i`�
OLD REPUBL[C SURETY COMPANY
� � �
President
On this 13TH �y op APRIL, 2016 , personally came before me, Alan Pavlic and
Jane erney , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the
corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority of the board of directors of said co�poration.
i� 71 �,.., , V •
.?� �°iAq�'.�
�t p� F Notary PubHc
. u�ti�.:
T'•�. My commission expires: 9/28/2018
�..
CERTIFICATE (Expiration of notary commission does not invalidate this instrument)
l, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power
of Attomey remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attomey, are now in
force.
�� �j
63-1104 -V ,4�� "guAFrjE�,, Signed and sealed at the City of Brookfield, W I this ��� day of �U /. � ,?C�l
:: a. -
: w %oo.�u..q � °a'�
' �' SEAL „� �
3�4` ��„ %r� -- - ���
�
- - As:�soanl Sc�� d.
# `"�
,.,ynny.�''
AVSURANCE CORPORATION
TH� STAT� UF TEXAS
CQUNTY QF TARRANT
Th�t vve, (1), CTC, inc.
��� Old Republic Surety Company
PA,XIY.�E1�1T BOND
§
� KN�W AL�. BY THES� PRESENTS:
�
as �'xincipal heraixa, and
a corpora�ion organized and
existing under the laws afthe Siate o�(3} W�sconsin , as surety, are held and fi�z�y bound
unto the Cit� af Fort Worth, a municipal corpoxatxoz� located in Tarrant and T�enton Counties,
,
Te�tas, Oblig�e �ere�, in the �mo�t�tt of One Hundred Fifty Seven Thousand Five Hundred dollars
� 00/100 ^ Dpu�S ($_ 157,500.00 )�ox the payment wherec�f, the said Princxpal.
aixfl Surety bind themselves and thei� heirs, ex�cutoxs, ac�ministrato�s, successors and assigns,
jointl� and se�re;rally, firml�r by ih�s� presents:
WHEREAS, the Pxincipal has entex�d iz�io a certain wriiten cpntract with. tlie Obligee
d���� t�� 19th day �,.� January , Zp�, �,�ich c�ntract is hexeby re£erred to and
made a part hezeof as z£ fully and ta the s�.m.c extent as if copied at length, �ox t�e follawzt�g
p�oj��f; Furnish and install two complete Wayside Horn Systems (WHS) for
establishment of quiet zones on the South Central High Speed Rail corridor.
NOW, THEREFQRE, T�3E CON]�T'r"10N �� THIS OB�G.A.'�zON z� SUCH, t�at i�the
said Pri.nci�aal shall iazth�.tlly rnake paymenti to �ach and eve�y a�aianaz�t (as de�inec� in Chapter
2253, �'�z�as Gov�znm�nt Coc��, as ament�ed) supplying �abox �r �materials in the �rosecution nf
th� work uzxdex fihe Cox�tx�ct, t�en this nbligation shall be vaid.; otherwise, to reinairi 3n fitll �brce
a�atl. ef%ci.
1'ROVrbED, I�Q't�1`EVER, tlaa� thzs bond is executed pti�rsuant ta Chapter 2253 0�' the
Texas Governmeni Co�e, as amen.ded, azzd all �iai�ilities nn this bon� shall be det�rrni�ed in
accarda�ric� with t�i� pravisions of sazd statute, to th� sarr�e exte�t as if it were copied at Iangt�
he���n.
IN WiTNESS ViIZ�REOr, the duly auf.horized representatives of the Prixicipal and t��e
S�ixety lxav� �xecuied this instr�.imeni.
SIG��7 ax�.d S�A�LED this 19th day of January ,�0�? .
ATTEST:
�� � Cl��
(Principal) Secretary
t
(S E A L.)
; '�
�'
� �r
Witness as ta Princip�l
�
,
;
AT7�S7,
SeCrA+��'
`�( sEni,,)=� ,�
;o� ��Y /j.
,,,*��„ ����;C�G�(�� ��1�.z-
Wifness as to Surety
CTC, Inc.
F'RINGIPAL
By:
Name: �R- Yl PER-S at�
Title:_�R.vICE 1�'�.cs►�=N i
Address: 9601 Camp Bowie West Blvd.
Fort Worth. TX 76116
Old Republic S��-ety Company
$uRE-nr �
By: ,� ; i' !
Nante�
dmund . Underwo�ct—�
Att�rn�y in Facfi
Address: 47 West Ellsworth Road
Ann Arbor, MI 48108
T�Ie�hone Number: 800-472-7090
NOTE: (1) Correct name c�f I'rincipal (Contractor}.
(2j Gorr�ct nam� of Surety.
43) St�fie af incarporatlan of �ur�ty
Telephon� number of surety must be st�ted. In addition, an original copy of
Pawer of Attorney shall be attached to Sond by the Attorne�-fn-Fact.
i'h� date af bond shall not be priar fo d�fe of Contract.
****
* �
* (�I a�) R � �'� �3L IC � �,` �'�T`Y �;'C)?�'� P.� n1 Y
* �. _ _ _------
*��
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint:
EDMUND W. UNDERWOOD, KATHLEEN WINKELHAUS, OF ANN ARBOR, MI
its true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $50,000,000, for and on behaif of the company as surety, to execute and deliver
and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (otl�er than bail
bonds, bank dcrository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantces of installment paper and note guaranty bonds, self-insur�nce workers
compensation bonds guaranteeing paymene of benelrts, asbestos abatement contract bonds, waste management bonds, harardous tvaste remediation honds or black lung
bonds), as follows:
ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED
FIVE MILLION DOLLARS($5,000,000)------------------------- FOR ANY SINGLE OBLIGATION.
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomeys-in-Fact, pursuant to these presents, are ratified and confirmed.
This document is nut valid unless print�don colored background and is multi-coforcd. This appointment is made under and by authoriry of the board of directors
at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority o£ the following resolutions
adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982.
RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove
any such attorney-in-fact or agent and revoke any Power of Attomey previously granted to such person.
RESOLVED FURTHER, tha[ any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seai be
required) by a duly authorized attorney-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such
signature and seal when so used shall have the same force and efFect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 13TH day of APRIL, 2016.
. .................s:e,
� _ `J0o``i�SUREl`� �,., _
� JO:.. .
=¢ (GonroMt \O�,'J
.V� — --- t S«� �ia . �. ;� _a; SEAL';>= G
AS�st�n 3 ; o\ i'<` �
oe � �
i mim
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS �.,,��„y^''"�
OLD REPUBLIC SUR�TY COMPANY
� � P
President
On this 13TH day of APRIL, 2016 , personally came before me, Alan Pavlic and
Jane erney , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
inshument, and they each acknowledged the execution of the same, and being by me duly swom, did severally depose and say; that they are the said officers of the
corporation aforesaid, and that the seal affixed to the above instrument is the seal of the coiporation, and that said corporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority oF the board of directors of said corporation.
ie� !�... � .
'��� Y.i
���a�q�' �I
1'-.p�84,Gf,� Notary Pubiic
My corrunission expires: 9/28/2018
CERT[FICATE
(Expiration of notary commission does not invalidate this instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERT[FY that the foregoing and attached Power
of Attomey remains in full force and has not been revoked; and fwthennore, that the Resolutions of the board of directors set forth in the Power of Attomey, are now in
force. ��
63-1104 ;,�; �.�,.,.. � )
,r;ey,���suFFrye,\; Signed and sealed at ffie City of Brookfield, WI this � day of � �-iLll�' _% , )LU� �
: J �. i
; W i'�o.�ae�r. -�. e :
�`� S�AL �- f
�,r
� o ,�., � v � - _ — � -- - �=` - _- --
_ '- ' ns:�s4n� srv:: ��, y �
a\.
-a:.�. ��: qurr,.,
AVSURANCE CORPORATION
�-'1 OP ID: KB
'`�`�..�R�f CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYW)
01 /09/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ON�Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORI2ED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the te�ms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Kim Beaubien
Avsurance Corporation❑ PHONE Fax
47 West Ellsworth Road❑ wc No eXc : 800-472-7090 ,vc No :
Ann Arbor, MI 48108❑ aooR�ess: kbeaubien@avfuel.com
Edmund Underwood PRODUCER
CUSTOMER ID #: CTCCORP
INSURERISI AFFORDING COVERAGE NAIC #
IN5URED
CTC Corporation❑
9601 Camp Bowie West Blvd.❑
Fort Worth, TX 76116
INSURER A :
�NsuReR B: American Interstate Insurance
iNsuReR c: Travelers Indemnity Company
iNsuReR o: Admiral Insurance Company
iNsuReR e: Lloyds Syndicate 2987
iNsuReRF: RSUI Indemnity Company
895
4
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AI.L THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TypE OF INSURANCE DDL UBR POLICY EFF POLICY EXP LIMITS
LTR POLICY NUMBER MM/DD MM/DD/YYYY
GENERAL LIABILITY EACH OCCURRENCE $ 'I,OOO,OO
D X COMMERCIAL GENERAI LIABILIN CA000024606-01 06I12/2016 06/12/2017 DA GE TO RE TED $O,OO
PREMISES Ea occurrence �
CLAIMS-MADE � OCCUR MEO EXP (Any one person) $ 5,��
PERSONAL R ADV INJURY $ 'I,OOO,OO
GENERALAGGREGATE $ Y,OOO,OO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Z,OOO,OO
X POLICY PR� LOC g
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Eaaccident) $ �,���,��
C X ANY AUTO 8104G95379616COF 12/14/2016 12/14/2017
BODILY INJURY (Per person) 5
ALL OWNED AUTOS BODILY INJURY (Per accident) $
SCHEDULED AUTOS PROPERTY DAMAGE
HIRED AUTOS (PER ACCIDENT) �
NON-OWNED AUTOS $
$
UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 'I O,OOO,OO
X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 'I O,OOO,OO
D BEX09601576-01 O6/12/2016 06/1212017
DEDUCTIBLE $
X RETENTION $ NIL $
WORKERS COMPENSATION X WC STATU- OTH-
AND EMPLOYERS' LIABILITY TORY LIMITS ER
B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N AVWCKS2546462016 11/06/2016 11/06/2017 E.L. EACH ACCIDENT $ ��������
OFFICER/MEMBER EXCLUDED? ❑ N / A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ ��0�0,0�
If yes, describe under 1,000,00
DESCRIPTION OF OPERATIONS helow E.L. DISEASE - POLICY LIMIT 3
E Professional Liab. B0621PCTCI000216 07/06/2016 07/06/2017 Occ/Agg 5,000,00
F Excess Liability NHA075999 O6/12/2016 06/12I2017 Occ/Agg 5,000,00
DESCRIPTION OF OPERATIONS / LOCAT�ONS / VEHICLES (Attach ACORD 101, Additfonal Remarks Schedule, if more space Is requlred)
Certificate holder is additional insured with respect to the operations of ❑
the named insured. Waiver of subrogation in favor of City of Fort Worth. ❑
Severability of interest included. � ❑
CERTIFICATE HOLDER
c�ty of'Fort wortn❑
1000 Trockmorton Street❑
Fort Worth, TX 76102
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Edmund Underwood
O 1988-2009 ACOR RPORATI . All rights reserved.
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD
MAINT�NANCE BOND
TH E STATE O F TEXAS §
§
COUNTY OF TARRANT §
KN4W ALL BY THESE PRESENTS:
That CTC, Inc.
nfractor"), as
principal, and, Old Republic Surety Company a corporation organized under the laws of the
State of W�sconsin ,{"Surety"), do hereby acknowledge themselves to �e held and baund to
pay unto the City of Fort Worth, a Municipal Carporatian chartered by virtue af Constitution and laws
' of the State of Texas, ("City") in Tarrant County, Texas, the sum of One Hundred Fifty Seven Thousand
Five Hundred 00/100 Daflars
� �� 157,500.00 }, lawful money �f the United States, for payment of which sum wel) and
truly be made unto said Ciiy and its successors, said Contractar and Surety da hereby bind
themse[ves, their heirs, executors, administrators, assigns and successors, jaintly and severafly.
This ob[igatian is conditioned, hawever, that:
� WHEREAS, said Contractor has this day entered inta a written Contract with the City of Fart
1North, dated the�qth of January ,�fl 17, a copy af which is hereto attached and made a
part hereof, for the performance of the following described public improvements:
Furnish and install two complete Wayside Horn Systems (WHS) for establishment of quiet zones
�
on the South Central High Speed Rail corridor.
fhe same being referred to herein and in said contract as the Work and being designated as project
number(s) City Project #00856 �nd said car�tract, including a!I of the specifications,
conditions, addenda, change orders and written instruments referred to therein as Contract Dacuments
being incorporated herein and being made a part hereof; and,
WHEREAS, in said Confract, Cr�ntractor binds itself to use such materials and to so construct
the work that it will remain in good repair and condition far and during a periad of after the date af the
fiinal acceptance of the work by the City; and
WH�REAS, said Contractor binds itself to maintain said wark in gaod repair and
condition far sa�d term of Two {2) vears; anc!
WHEREAS, said Contractor binds itse(f to repair or recanstruct the Work in whale or in
part at any time within said period, if in the opinion af the Director of the City of Fort Worth
Department ofi TPW , it be necessary; and,
WHER�AS, said Contractor bincis itself, upon receiving nofiice of the need therefare to
repair or reconstruct said Work as herein provided.
NOW THEREFORE, if said Contractar shafl keep and perform its said agreement ta
maintain, repair or reconstruct said Work in accardance with all the terms and conditions of said
Contract, ihese presents shall be null and void, and have no force or effect. Otherwise, this
Bond shall be and remain in full force and effect, and the City shall have and recover fram
Contractar and Surety damages in the premises as prescribed by said Contract.
This obligation shall be a cantinuing one and successive recaveries may be had hereon
for successi�e breaches until the full amount hereof is exhausted.
IN WITNESS WHEREO�', this instrument is executed in one (1) counterparts, each of
which shall be deemed an original, this � 9t�ay of January , A.D. 20 � 7
� ATTEST:
(S EAL.)
��� � `������
Secretary
,
Secretary
CTC, Inc.
Contractor
By:
Name: I����i �NDt�ZoDtJ
Title: � R. �IGE 1 jZC-:S�DEN�"
Old Republic Surety Company
Su rety
�
gy: � �,�,
Name: Edmund W. Underwoo€�.J.
Title: Attorney In Fact
47 West Ellsworth Road
Ann Arbor. MI 48108
Address
**'��
� ,r
* Vl�� Rl:��V�1�1.� 7LrRi'.�, I���!`'1�t'�?�tT i'r
�r �t__- _ -- — - - -- - - - -_- - - -- --------- - ---- --- -
***
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint:
EDMUND W. UNDERWOOD, KATHLEEN WINKELHAUS, OF ANN ARBOR, MI
its true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $50,000,000, for and on behalf of the company as surety, to execute and deliver
and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail
bonds, bank dcposilory bonds, mortgage deficiency bonds, mortgage guaranty 6onds, guarantecs of installmcnt paper and note guaranty bonds, sel£-insurance tvorkers
compensation bonds guarantecing payment of benefits, asbestos abatemenl contract bonds, waste management bonds, hazardous waste remediation bonds or black lung
bonds), as follows:
ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED
FIVE MILLION DOLLARS($5,000,000)------------------------- FOR ANY SINGLE OBLIGATION.
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomeys-in-Fact, pursUant to these presents, are ratified and confirmed.
This ciocumen[ is not valid unless printcdon colorcd background and is multi-colored. This appointment is made under and by authority of the board of directors
at a special meeting held on Februaiy 18, 1982. This Power of Attomey is signed and sealed by facsimile under and by the authority of the following resolutions
adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982.
RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said ofticers may remove
any such attorney-in-fact or agent and revoke any Power of Attomey previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation sha116e valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attorney-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attomey or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
a�xed this 13TH day of APRIL, 2016.
. ;''°ap i,i Uq f "N,_.,
� ",4 . ty'..
_ �S . '
' W ' tPhwn��*-��.Cp �
-�- -� — — - ' ` �`' S�AL � :
A.S:dsldiil $trr �I: y - - --- -- i a; 'i :
i��+ � '+ '
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS "� f�"'�`�E
,� : ���:;,,
OLD REPUBLIC SURETY COMPANY
� � r
President
On this 13TH day of APRIL, 2016 , personally came before me, Alan Pavlic and
Jane erney , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
ins[rument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the
corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said coiporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority of the board of directors of said co�poration.
i� 14 Ar � ,
'fff.�pfAy�•.
aT�' @' �' i
�. A�a;! NotaryF�ublic
7�'
u��"� ' My commission expires: 9/28/2018
CERTIFICATE (Expiration of notary commission does not invalidate this instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power
of Attomey remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directois set forth in the Power of Attomey, are now in
force.
63-1104 ``4JG�,suaer`o-'_
�:.
: a ��
:,-�w i ca.w�.q �, a-c
;oi SEAI., j�,--
�6 :
ir'
na� , ?
,r`
: u��:,o
AVSURANCE CORPORATION
� �'�i�h ,�"�
Signed and sealed at the City of Brookfield, WI this ! � day of<, ��/e}'.�`!%Fc ,:-,CO �
--_- � =z.t�,`'_'''^� �___
AS°.+S�:1nI SLti '�? y � /
�
BNSF Railway Company
MAJOR INSURANCE REQUIREMENTS
For Completion of:
Industrial Track Agreement (ITA)
Lease of Land for Construction / Rehabilitation of Track (CL)
Contractor's Right of Entry Agreement (CROE)
Industry Track Lease Agreement (TL)
Industrial Track Agreement (ITA)
ITA required as a prerequisite to BNSF service on a privately owned spur track. Agreement outlines
ownership, operation and maintenance responsibilities of parties relative to a private spur track. Other
agreements may be required depending on the specific circumstances.
1) Commercial General Liability Insurance -$1 MM per occurrence &$2MM aggregate - Section 5a
2) 50' Endorsement - Insurance covers incidents within 50 feet of railroad property- Section 5a
3) Workers Compensation -$500,000 each accident - Section 5b
4) Insurance Company must have a Best's Guide Rating of /� and Class VII or better - Section 5
5) Certificate of Insurance shall be furnished to BNSF which outlines above - Section 5
Lease of Land for Construction / Rehabilitation of Track (CL)
Required in conjunction with an Industry Track Agreement and in all situations where Industry will own,
maintain or rehabilitate track located on BNSF property, even if there is a corresponding land lease or
track lease.
Basic Requirements:
1) Commercial General Liability Insurance (GL) -$1 MM per occurrence &$2MM aggregate — Section 12a
2) 50' Endorsement - Insurance covers incidents within 50 feet of railroad property— Section 12a
3) Workers Compensation -$500,000 each accident — Section 12b
4) Insurance Company must have a Best's Guide Rating of f� and Class VII or better — Section 12
5) Certificate of Insurance shall be furnished to BNSF which outlines above — Section 12
Construction Requirements
(A) Industry performing construction
(B) Industry hiring contractor to perform construction
(A) Construction Requirements: Industry Performing Construction (Exhibit C applies)
1) Commercial General Liability Insurance (GL) -$5MM per occurrence &$10MM aggregate — Section 1 a
2) 50' Endorsement - Insurance covers incidents within 50 feet of railroad property— Section 1 a
3) The employee and workers compensation related exclusions shall not apply to Railroad employees
— Section 1 a
4)
5)
6)
7)
8)
9)
10)
11)
Business Automobile Insurance -$1 MM per occurrence — Section 1 b
Workers Compensation -$500,000 each accident — Section 1 c
Railroad Protective Liability Ins. (RPLI) -$5MM per occurrence &$10MM aggregate — Section 1 d****
Waiver of Subrogation in favor of BNSF Railway — Section 2
BNSF Railway and Staubach Global Services must be added as an Additional Insured — Section 2
Any coverage afforded to the additional insured, BNSF Railway, is primary and non-contributory.
Insurance Company must have a Best's Guide Rating of A�- and Class VII or better — Section 2
Certificate of Insurance shall be furnished to BNSF which outlines above — Section 2
(B) Construction Requirements: Industry Hiring Contractor to PerForm Construction
If Industry hires a contractor to perform construction, Industry must comply with the Basic Requirements:
1) Commercial General Liability Insurance (GL) -$1 MM per occurrence &$2MM aggregate — Section 12a
2) 50' Endorsement - Insurance covers incidents within 50 feet of railroad property— Section 12a
3) Workers Compensation -$500,000 each accident — Section 12b
4) Insurance Company must have a Best's Guide Rating of ,4 and Class VII or better — Section 12
5) Certificate of Insurance shall be furnished to BNSF which outlines above — Section 12
Contractor must comply with requirements for Contractor's Right of Entry.
Contractor's Right of Entry Aqreement (CROE)
CROE required if a private contractor is engaged to construct or rehabilitate any track that is located on
BNSF property.
1) Commercial General Liability Insurance (GL) -$5MM per occurrence &$10MM aggregate — Section 4a
2) 50' Endorsement - Insurance covers incidents within 50 feet of railroad property— Section 4a
3) The employee and workers compensation related exclusions shall not apply to Railroad employees
— Section 4a
4) Business Automobile Insurance -$1 MM per occurrence — Section 4b
5) Workers Compensation -$500,000 each accident — Section 4c
6) Railroad Protective Liability Ins. (RPLI) -$5MM per occurrence &$10MM aggregate — Section 4d**'`*
7) Waiver of Subrogation in favor of BNSF Railway — Section 4
8) BNSF Railway and Staubach Global Services must be added as an Additional Insured — Section 4
9) Any coverage afforded to the additional insured, BNSF Railway, is primary and non-contributory.
10) Insurance Company must have a BesYs Guide Rating of �4- and Class VII or better — Section 4
11) Certificate of Insurance shall be furnished to BNSF which outlines above — Section 4
****Industry, or its contractor, has the opportunity to elect to participate in BNSF's blanket RPLI
coverage.
Industry Track Lease Aqreement (TL)
Track Lease is required prior to customer receiving service on a BNSF owned track. Agreement outlines
operation and maintenance of track. A separate Land Lease will be required if the commodity loaded or
unloaded is environmentally sensitive or if customer utilizes BNSF property for storage, parking or
improvements.
1) Commercial General Liability Insurance— Section 14a
■ Industry Track Lease (Form 302): $2MM per occurrence, $4MM aggregate
■ Track Lease for Switching of Cars (Form 304): $5MM per occurrence, $10MM aggregate
2) The employee and workers compensation related exclusions shall not apply to railroad employees —
Section 14a
3) 50' Endorsement - Insurance covers incidents within fifty (50) feet of railroad property — Section 14a
4) Business Automobile Insurance -$1 MM per occurrence — Section 14b
5) Worker's Compensation Insurance -$500,000 each — Section 14c
6) Property Liability - Names BNSF Railway Co. as loss payee as per endorsement — Section 14d
7) Waiver of Subrogation in favor of BNSF Railway Co. — Section 14
8) BNSF Railway Co. and Staubach Global Services - RR, Inc. must be added as additional insured —
Section 14
Industry Track Lease Aqreement (TL) continued
9) Any coverage afforded to the additional insured, BNSF Railway Co., is primary and non-contributory —
Section 14
10) Insurance Company must have a Best's Guide Rating of /�- and Class VII or better — Section 14
11) Certificate of Insurance shall be furnished to BNSF which outlines above — Section 14
Multiple Aqreements
Please note that in many circumstances more than one agreement may be required to cover all
aspects of your project. Early identification of all uses that will require an agreement will help
reduce the total amount of time involved in finalizing all agreements.
e.g., Track construction projects require both an Industry Track Agreement and a Lease of Land
for Track Construction and Rehabilitation. If a private contractor will be hired to perform the track
construction, then they will be required to execute a Contractor's Right of Entry Permit and
provide insurance.
e.g., If any BNSF track and/or property is to be utilized, a corresponding Track Lease and/or Land
Lease will be required. If utilities lines to serve the facility will cross BNSF owned track, then
each such installation will require a separate permit to cover the specific utility involved. If the
location involves the crossing of BNSF tracks, then a Private Crossing Agreement will be
required.
NOTE: BNSF Railway Company will not execute any Track Agreements until all insurance
documents have been received and approved.
• Please provide this document and all agreement copies to your Risk Management
Department, Insurance Agent or Insurance Underwriter, as soon as possible.
• For quesfions regarding BNSF Railway's insurance requirements p/ease contacf a member of
fhe BNSF Risk Management department: Jamie Johnson (817-352-3485), Vickie Barnett
(897-352-2414) or Kevin Burrin (817-352-3477).
� � • EXAMPLE
EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1.01 General
• 1.01.01 The Cont�•actor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as
"Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter
referred to as "Railway Properly", during the reconstruction of the roadwav approaches and construction of new
sidewalk at Lipscomb Street (DOT No. 020484V) LS 7500 MP 343 23 in Fort Worth TX
• 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-1"
Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and
effect die insurance called for under Section 3 of said Exhibit "C-1 ". Questions regarding procurement of the
Railroad Protective Liability tnsurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519.
• 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the
movement of any trains on Railway Property.
• 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause
the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create
a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction
work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors)
performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii)
Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which
is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the
insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Contractor
fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue
until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction
of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In
the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement,
Railway may immediately terminate the Temporary Construction License or the Easement. Any such work
stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop
the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for
damages or lost profits. In the event that Railway desires to stop construction work on the Project, Rai(way
agrees to immediately notify the following individual in writing:
Joseph Bergeron
Project Manager
City of Fort Worth
Department of Engineering
1000 Throckmorton Street
Fort Worth, Texas 76102
1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local
Governmental laws and regulations, including, but not limited to environmental laws and regulations (including
but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil
Pollution Act, the Hazardous Materiais Transportation Act, CERCLA), and health and safety laws and
regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all
fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway
which arise out of Cantractor's work under this Agreement.
Lipscomb Street— Exhibit C (7131/08)
.=11'
• 1.01.06 The Contractor must notify the City of Fort Worth (Joseph Bergeron) at 817-392-2384 and
Railway's Manager Public Projects, telephone number 817-352-2902 at teast thirly (30) calendar days before
commencing any work on Railway Property. Contractors notification to Railway, must refer to Railroad's file
0204&4.
• I.O1.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part
� of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting
a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from
cenierline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish
the Railway five sets of working drawings showing details of construction affecting Railway Properiy and
tracks. The working drawing must include the proposed method of installation and removal of falsework,
shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework,
shoring ar cribbing. For all excavation and shoring submittal plans, the current `BNSF-UPRR Guidelines for
Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design,
and all calculations and submittals must be in accordance with the current "BNSF-UPRR Guidelines for
Temporary Shoring". All submittal drawings and calculations must be stamped by a registered professional
engineer licensed to practice in the state the project is located. All calculations must take into consideration
railway surcharge loading and must be designed to meet . American Railway Engineering and
Maintenance-of-Way Association (previously known as American �tailway Engineering Association) Coopers
E-80 live loading standard. Alt drawings and ca(culations must be stamped by a registered professional engineer
�- licensed to practice in the state the project is located. The Contractor must not begin work until notified by the
Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes
and/or winches to place or to remove any falsework over Railway's tracks. In no case wili the Contractor be
relieved of responsibility for results obtained by the implementation of said approved plans.
• 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the
work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for
any type of damages or for extra or additional compensation in the event his work is delayed by the Railway.
1.02 Contractor Safety Orientation
1.d2.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property
without Crst having completed Railway's Engineering Contractor Safety Orientation, found on the web
site www.contractororientation.com. The Contractor must ensure that each of its employees,
subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation
through internet sessions before any work is performed on the Project. Additionally, the Contractor
must ensure that each and every one of its emptoyees, subcontractors, agents or invitees possesses a card
certifying completion of the Railway Contractor Safety �rientation before entering Railway Property.
The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor
must renew the Railway Contractor Safety Orientation annuaily. Further clarification can be found on
the web site or from the Railway's Representative.
1.03 Railway Requirements
• 1.03.O1 The Contractor must take protective measures as are necessary to keep railway facilities, including
track ballast, free oi' sand, debris, and other foreign objects and materiais resulting from his operations. Any
damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and
the cost of such repairs or replacement must be paid for by the Agency.
• 1.03.02 The Contractor must notify the Railway's Division General Manager at 817-224-7001 and provide
blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations
adjacent to or on Railway's Property.
• 1.03.03 The Contractor must abide by the following temporary clearances during construction:
Lipscomb 5treet — E�ibit C(7/31/08) 2
EXAMPLE
■ 15' Horizontally from centerline of nearest track
■ 2l'-6" Vertically above top of rail
■ 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
` ■ 28'-0" Vertically above top of rail for e[ectric wires carrying 750 volts to ] 5,000 volts
■ 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts
■ 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
• 1.03.04 Upon completion of construction, the fol lowing clearances shall be maintained:
■ 25' Horizontally from centerline of nearest track
• 23'-3 '/z" Vertically above top of rail
• 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be
submitted to the Railway and to the City of Fort Worth and must not be undertaken until approved in writing by
the Railway, and until the City of Fort Worth has obtained any necessary authorization from the State
Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's
work is delayed pending Railway approval, and/or the State Regulatory Authority's approval.
• 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing
tell-tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of
tell-tales or protective devices will be borne by the Agency.
• 1.03.07 "The details of construction affecting the Railway's Property and tracks not included in the contract
plans must be submitted to the Railway by Citv of Fort Worth for approval before work is undertaken and this
work must not be undertaken until approved by the Railway.
• 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across
Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a
"Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials
across the Railways tracks. The temporary crossing must be gated and locked at alt times when not required for
use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the
completion of the project, removed at the expense of the Contractor.
1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum,
constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately
notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in
excess of a reportable quantity. Contractor must not allow Railway Properiy to become a treatment, storage or
transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state
analogue.
• 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from
the Railway's Properiy all of Contractor's tools, equipment, impiements and other materials, whether brought
upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any
Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's
representative.
1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan
1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must devetop and
implement a Roadway Worker Protection/On Track Safety Prob am and work with Railway Project
Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety
portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for
all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site
through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan,
as provided for on the web site www.contractororientation.com, which tivill be made available to Railway
prior to commencement of any work on Railway Property. During the performance of work, the Contractor
Lipscomb Street — Exhibit C (7/31/08)
� � � � EXAMPLE
must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the
contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and
Material Safety Datasheets (MSDS), at the job site.
• Contractor shall have a background investigation performed on all of its employees, subcontractors and agents
who will be performing any services on railroad property under this Agreement.
The background screening shall at a minimum meet the criteria defined by the e-RAILSAFE program outlined
at http:/lwww.e-railsafe.com in addition to any other applicable regulatory requirements. The e-RAILSAFE
program uses rail industry background screening standards.
Contractor shall obtain consent from all employees screened in compliance with the e-RAILSAFE program
criteria to release completed background information to BNSF. Contractor shali be subject to periodic audit to
ensure compliance.
Contractor shall not permit any of its employees, subcontractors or agents to perform services on property
hereunder who are not approved under e-RA[LSAFE.program standards. Railroad shall have the right to deny
entry onto its premises to any of Contractor's employees, subcontractors or agents who do not display the
authorized identification badge issued by a background screening service meeting the standards set forth for the
e-RAILSAFE program or who pose a threat, in Railroad's reasonable opinion, to the safety or security of
Raitroad's operations.
Contraetors sha(I ensure its employees, subcontractors and agents are United States citizens or legalty working
in this country under a work VISA.
1.05 Railway Flagger Services:
1.05.01 The Contractor must give Railway's Roadmaster (Phil Dodson) at Office # 817-352-2541 or Cell #
81'7-313-2450 or e-mail ahil.dodsonna,bnsf.com a minimum of thiriy (30) calendar days advance notice when
flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the
flagger's position). lf flagging services are scheduled in advance by the Contractor and it is subsequently
determined by the parties hereto that such services are no longer necessary, the Contractor must give the
Roadmaster five (5) working days advance noiice so that appropriate arrangements can be made to abolish the
position pui•suant to union requirements.
• 1.OS.Q2 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required
and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet
measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned
beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic
occurrence, but not limited thereta for the foilowing conditions:
• 1.05.02a When, upon inspection by Railway's Representative, other conditions warrant.
• 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's
representative, track or other Raitway facilities may be subject to movement or settlement.
• LOSA2c When work in any way interferes with tha safe operation of trains at timetable speeds.
• 1.05.02d When any hazard is presented to Railway track, communications, signat, electrical, or other facilities
either due to persons, material, equipment or blasting in the vicinity.
• 1.05.02e Special permission must be obtained from the Railway befare moving heavy or cumbersome objects
or equipment which might result in making the track impassable.
• 1.05.03 Ftagging services will be performed by qualified Rail�vay flaggers.
• 1.05.43a Ftagging crew generally consists of one employee. However, additional personnel may be required to
protect Railway Property and operations, if deemed necessary by the Railways Repi•esentative.
Lipscomb Street — Exhibit C(7/3 I10&) 4
EXAMPLE
• 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day.
1.05.03c The cast of flagger services provided by the Railway will be borne by the CONTRACTOR. The
estimated cost for one (l) flagger is appraximately $800.00 for an eight (8) hour basic day with time and one-
half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation
allowance, paid holidays, Railway and unemployment insurance, public liability and properly damage
insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision
and other costs incidental to performing flagging services. Negotiations for Railway labor or coIlective
bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or
estimated flagging rates. THE FLAGGING RATE IN EH'FECT AT THE TIME OF PERFORMANCE BY
THE COIVTRACTOR HEREUNDER WILL BE USED TO CALCULATE THG ACTUAL COSTS OF
FLAGGING PURSUANT T� THIS PARAGRAPH.
• 1.05.03d The average train traffic on this route is 28 freight trains per 24-hour period at a timetable speed 55
MPH and 2 passenger trains at a timetable speed of 79 MPH.
1.06 Contractor General Safety Requirements
• 1.06.01 Wark in the proximity of railway track(s) is potentially hazardous where movement of trains and
eyuipment can occur at any time and in any direction. All work performed by contractors within 25 feet
of any track must be in compliance with FRA Roadway Worker Protection Regulations.
• 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be
conducted with all personnel involved with the task and repeated when the personnel or task changes. If
the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable,
a�d include the procedures the Contractor will use to protect its employees, subcontractors, agents or
invitees from moving any equipment adjacent to or across any Railway track(s).
1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety
strategy approved by the Railway's Project Representative. When authority is provided, every
contractor employee must know: (l) who the Railway flagger is, and how to contact the flagger, (2)
limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the
designated places of safety. Persons or equipment entering fiag/work limits that were not previo�sly job
briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of
the center line of track.
• 1.06.04 When Contractor employees are required to work on the Railway Property after normal
working hours or on weekends, the Railroad's representative in charge of the project must be notified. A
minimum of two employees must be present at all times.
• 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under
the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Properiy and
subsequently released to the custody of a representative of Contractor management. Future access to the
Railway's Property by that employee will be denied.
1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported
immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come
in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be
reported immediately to the Railway representative in charge of the project and to the Railway's Resource
Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway
representative in charge of the project prior to the start of any work and must be posted at the job site.
• 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly
weapons in their possession while working on Railway's Property.
Lipscomb Street—Exhibit C (7/31/08)
EXAMPLE
1.06.08 All personnel protective equipment (PPE) used on Railway Property musi meet applicable OSHA and
ANSI specifications. Current Railway personnel pratective equipment requirements are listed on the web site,
��vw.contractororientation.com, however, a partial list of the requirements include: a) safety glasses with
permanently affixed side shields (no yellow lenses); b) hard hats c) safety shoe with: hardened toes,
above-the-ankle lace-up and a defined heel; and d) high visibility retro-reflective work wear. The Railroad's
representative in charge of the project is to be contacted regarding local specifications for meeting requirements
relating to hi-visability work wear. Hearing protection, fall protection, gloves, and respirators must be worn as
required by State and Federal regulations. (NOTE — Shoutd there be a discreaancv between the informatian
contained on the web site and the information in this paraEraph, the web site will govern.l
1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR
EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER L[NE OF THE NEAREST RAILWAY
TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT
WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE CROSSINGS OR TEMPORARY
CONSTRUCTION CROSSING, WHERG STORAGE OF THE SAME WILL OBSTRUCT THE VIEW
OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE
CONTRACTOR MUST �STABLISH . A STORAGE AREA WITH CONCURRENCE OF THE
RAILROAD'S REPRESENTATIVE.
• 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or
equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to
the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and
secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed
specifications)
• 1.06.i l Workers must not create and leave any conditions at the work site that would interfere with water
drainage. Any work performed over water must meet all Federal, State and Local regulations.
1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary
by proper authority. For all power lines the minimum clearance between the lines and any part of the
equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500
to 750 KV - 35 feet; and 750 to ) 000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of
45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a
timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual
means.
1.07 Excavation
1A7.01 Before excavating, the Contractor must determine whether any under�-ound pipe lines, electric wires,
or cables, including fiber optic cable systems are present and located within the Project work area. The
Contractor must determine whether excavation on Railway's Property could cause damage to buried cables
resuiting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may
cause business interruptions involving loss of revenue and profits. Before commencing excavation, the
Contractor must contact BNSF's Roadmaster (Phil Dodson) at 817-352-2541 and BNSF's Si�nai-
Construction Supervisor (DwaYne Tiffin} at 817-740-7384. All underground and overhead wires will be
considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. [t
is the Contractor's responsibility to notify any other companies that have underground utilities in the
area and arrange for the location of all underground utilities before excavating.
• 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation
in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and
the oumer of the utility can be identified, then the Contractor must also notify the owner immediately. If there
is any doubt about the location of underground cables or lines of any kind, no work must be performed until the
exact location has been determined. There will be no exceptians to these instructions.
Lipseomb Street — E�ibit C(7/3 U08)
� � � � EXAMPLE
• 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardiess of
depth, must be shored where there is any danger to tracks, structures or personnel.
1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or
protected when not being worked on. When leaving work site areas at night and over weekends, the areas must
be secured and left in a condition that will ensure that Railway employees and other personnel who may be
working or passing through the area are protected from all hazards. All excavations must be back filled as soon
as possible.
1.08 Hazardous Waste, Substances and Material Reporting
• 1.08.O1 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious
r material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway's
Properly, in or near any surface water, swamp, wetlands or waterways, while performing any work under this
` Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at I(800)
832-5452, of such discovery: (b} take safeguards necessary to protect its employees, subcontractors, agents
and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate
measure to minimize the impact of such release.
1.09 Personal Injury Reporting
1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad
Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor,
subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone
mail if unable to contact in person) to the Railway's representative in charge of the project. The Non-Employee
Personat Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at
1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the
injury.
Lipscomb Street — E�chibit C(7/31/08) 7
EXAMPLE � � ' .
NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
INFOKMATION RF,QUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD
BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO
PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY.
1. Accident City/St
County:
(ifnon-Railway location}
5. Social Security #
6. Name (last, first, mi)
7. Address: Street:
8. Date of [3irth:
2. Date:
3. Temperature:
City:
ancllor Age Gender:
(if available)
9. (a) [njury: (b) Bady Part:
(i.e. (a) Laceration (b) Hand)
1 I. Description of Accident (To incl�de location, action, result, etc.):
12. T'reatment:
? First Aid Onty
? Iteyuired Medical Treatment
? Other Medical Treatment
13. Dr. Name
14. Dr. Address:
Street:
t 5. Hospital Name:
16. Hospital Address:
Street:
17. Diagnosis:
City:
City:
FAX TO
RAILWAY AT (817) 352-'1595
AND COPY TO
RAILWAY ROADMASTER FAX (Sl'� 352-7169
RAILWAY MANAGER PUBLIC PROJECT5 FAX (817) 352-2912
Lipscomb Street — Exhibit C(7/3 U08) 8
Time:
4. Weather
St. Zip:
30. Date:
St: Zip:
St: Zip:
� � - EXAMPLE
EXHIBIT "C-1"
Agreement
Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
BIYSF RAILWAY COMPANY
Attention: Manager Public Projects
LAW DEPARTMENT APPROVED
Raitway File: 020484
Agency Project: Lipscomb Street (DOT t�to. 020484V) — reconstruct roadwav approaches and construct new
sidewalk
Gentlemen:
The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract") dated
, 200J, with the City of Fort Worth for the performance of certain work in connection with the
following project: Lipscomb Street — reconstruct roadwa�pproaches and construct new sidewalk.
Performance of such work will necessarily require contractor to enter BNSF RAILWAY COMPANY ("Railway")
right of way and property ("Railway Property"). The Contract provides that no work will be commenced within
Railway Property until the Contractor employed in connection with said work for the Citv of Fort Worth (i)
executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and
limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the
Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway
certifying that the signatory is empowered to execute this Agreement on behalf of Contractor.
Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property
and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby
agree with Railway as follows:
Section l. RELEASE OF LIABILITY AND INDEMNITY
Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards,
claims, demands, and expenses (including attorneys' fees), for injuty or death to all persons, including RaiIway's and
Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any
manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or
abaut Railway's property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE
AFFECTED BY TH� FACT, IF IT IS A FACT, THAT THE DESTRLTCT[ON, DAMAGE, DEATH, OR
INJURY WAS OCCASIONED BY OR COIYTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS
AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH
CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS
NEGLIGENCE OF RA[LWAY.
THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY
CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAIIYST RAILWAY UNDER THE FEDERAL
EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE
SAFETY APPLIAIYCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLA[MED.
Lipscomb Street C-1 (7/31/08) 1 (Revised 06-2008, E�chibit Gl)
•��►I'
Contractor further aa ees, at its expense, in the name and on behalf of Railway, that it will adjust and settle
all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or
in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner
connected with any liability assumed by Contractor under this Ageement for which Railway is liable or is alleged to
be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and
thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being
brought against Railway, Railway may forward summons and complaint or other process in connection therewith to
Coniractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify,
and save harmless Railway from and against all damages, judgtnents, decrees, attorney's fees, costs, and expenses
growing out of or resulting from or incident to any such claims or suits.
In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall
be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable
court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring
Contractor to indemnify Railroad to the fullest extent permitted by applicable law. THROUGH THIS
AGREEMENT THE PARTIES EXPRESSLY II�ITEND FOR CONTRACTOR TO INDEMNIFY
, RAILROAD FOR RAILROAD'S ACTS OF PIEGLIGEI�TCE.
It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in
this Agreement survive any termination of this Agreement.
Section 2. TERM
This Agreement is effective from the date of the Contract until (i) the completion of the project set forth
herein, and (ii) fuli and complete payment to Railway of any and all sums or other amounts owing and due
hereunder.
Section 3. INSURANCE
Contractor must, at its sole cost and expense, procure and maintain during the life of this Agreement the
following insurance coverage:
A. Commercial General Liability insurance. This insurance must contain broad form contractual liability
with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at
least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and
include coverage for, but not limit ta the following:
♦ Bodily Injury and Property Damage
♦ Personal Injury and Advertising Injury
♦ Fire legalliability
♦ Products and completed operations
This policy must also contain the following endorsements, which must be indicated on the certificate of
insurance:
♦ It is agreed that any workers' compensation exclusion does not apply to Railroad payments
related to the Federal Employers Liability Act or a Railrond Wage Continuation Program or
similar programs and any payments made are deemed not to be either payments made or
obligations assumed under any Workers Compensation, disability benefits, or unemployment
compensation law or similar law.
♦ The definition of insured contract must be amended to remove any exclusion or other
limitation for any work being done within 50 feet of railroad properly.
♦ Any exclusions related to the explosion, collapse and underground hazards must be removed.
No other endorsements limiting coverage as respects ohligations under this_Agreement may be included on
the policy.
Lipscomb Street C-1 (7/31/08)
2 (Revised 06-2008, Exhibit C-1)
EXAMPLE � •
B. Business Automobile Insurance. This insurance must contain a combined single limit of at least
,; $1,000,000 per occurrence, and include coverage for, but not limited to the following:
♦ Bodily injury and property damage
' ♦ Any and all vehicles owned, used or hired
C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to:
♦ Contractor's statutory liability under the worker's compensation laws of the state(s) in which
the work is to be performed. lf optional under State law, the insurance must cover all
employees anyway.
♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by
disease policy limit, $500,000 by disease each employee.
D. Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at
least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard
t50 form CG 00 35 10 93 and include the following:
♦ Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 3 l 10 93)
♦ Endorsed to include the Limited Seepage and Pollution Endorsement.
♦ Endorsed to remove any exclusion for punitive damages.
♦ No other endorsements restricting coverage may be added.
♦ The original policy must be provided to the Railroad prior to performing any work or services
under this Agreement
Other Requirements:
Atl policies (applying to coverage listed above) must not contain an exclusion for punitive damages and
certificates of insurance must reflect that no exclusion exists.
Contractor agrees to waive its right of recovery against Railroad for all claims and suits against Ruilroad.
In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation
against Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation
endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation
against Railrocr�i for loss of its owned or leased properiy or property under contractor's care, custody or control.
Contractor's insurance policies through policy endorsement, must include wording which states that the
policy is primary and non-contributing with respect to any insurance carried by Railroad. The certificate of
insurance must reflect that the above wording is included in evidenced policies.
All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective)
must include a severability of interest endorsement and Railroad must be named as an additional insured with
respect to work performed under this agreement. Severability of interest and naming Railroad as additional insured
must be indicated on the certificate of insurance.
Contractor is not allowed to self-insure without the prior written consent of Railroad Tf granted by
Railroart, any deductible, self-insured retention ar other financial responsibility for claims must be covered directly
by contractar in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the
provisions of this Agreement, be covered by contractor's insurance will be covered as if contractor elected not to
include a deductible, self-insured retention or other financial responsibility for claims.
Prior to commencing the Work, contractor must furnish to Railroad an acceptable certificate(s) of
insurance including an original signature of the authorized representative evidencing the required coverage,
endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies} must
contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing
at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This canceilation
Lipscomb Street C-1 (7/31/Q8) 3 (Revised 06-2008, Exhibit G1)
EXAMPLE `
provision must be indicated on the certificate of insurance. Upon request from Railroad, a certified duplicate
original of any required policy must be furnished. Contractor should send the certifrcate(s} to the following address:
Ebix BPO
PO Box 12010-BN
Hemet, CA 92546-8010
Fax number: 951-766-2299
Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a
current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the
service is to be provide.
Contractor represents that this Agreemet:t has been thoroughly reviewed by contractor's insurance
agent(s)/hroker(s), who have been instructed by contractar to procure the insurance coverage required by this
Agreement. Allocated Loss Expense must be in addition to all policy limits for coverages referenced above.
Not more frequently than once every five years, Railro�� may reasonably modify the required insurance coverage
to reflect then-cunent risk management practices in the railroad industry and underwriting practices in the insurance
industry.
If any portion af the operation is to be subcontracted by contractor, contractor must require that the
subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional
insured, and requiring that the subcontractor release, defend and indemnify Railroad to the same extent and under
the same terms and conditions as contractor is required to release, defend and indemnify Railroad herein.
Failure to provide evidence as required by this section wil) entitle, but not require, Rnilroarl to terminate
this Agreeme�rt immediately. Acceptance of a certificate that does not comply with this section will not operate as a
waiver of contractor's obligations hereunder.
The fact that insurance (including, without limitation, self-insurance) is obtained by contractor will not be
deemed ta release or diminish the liability of contractor including, without limitation, liability under the indemnity
provisions of this Agree»ient. Damages recoverable by Railroad will not be limited by the amount of the required
insurance coverage.
For purposes of this section, Railroad means "Burlington Northern Santa Fe Corporation", "BNSF
RAILWAY COMPANY" and the subsidiaries, successors, assigns and a�liates of each.
Section 4. EXH[BIT "C" CONTRACTOR REQUIREMENTS
The Contractor must observe and comply with all provisions, obligations, requirements and limitations
contained in the Contract, and the Contractor Requirements set forth an Exhibit "C" attached to the Contract and this
Agreement, , including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed,
tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or
agents or subcontractors on or about the construction site.
Section 5. TRAIN DELAY
Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its a�liated
railway companies, and its tenants) for, from and against ali damages arising from any unscheduled delay to a
freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service
and coniract obligations. Contractor will be billed, as further provided below, for the economic losses arising from
loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train
delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement.
Raitway agrees that it will not perform any act to unnecessarily cause train delay.
Lipscomb Street C-1 (7/31/08) 4 (Revised 06-2008, Exhibit G1)
•.�ll'
For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as
determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same
time far the same period.
Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal,
coal and freight trains operate under incentiveJpenalty contracts between Railway and its customer(s). Under these
arrangements, if Railway does not meet its contract service commitments, Raitway may suffer loss of performance
or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and
incentive penalties or other cont►-actual economic losses acluatty incurred by Railway which are ariributable to a
train delay caused by Contractor or its subcontractors.
T'he contractual relationship between Railway and its customers is proprietary and confidential. In the
event of a train detay covered by this Agreement, Railway will share information relevant to any train delay to the
extent consistent with Railway confidentiality obligations. Damages for train delay are currently $382.20 per hour
per incident. THE RATE THEN IN EFFECT AT THE TIME OF PERFORMANCE BY THE
CONTRACTOR H�REUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF TRAIN
DELAY PURSUANT TO THiS AGREEMENT.
Contractor and its subcontractors must give Railway's Roadmaster (Phit Dodson) 4 weeks advance
notice of the times and dates for proposed ivork windows. Raiiway and Contractor will establish mutually
agreeabte work windows for the project. Railway has the right at any time to revise or change the work
windows due to train operafions or service obligations. Railway witl not be responsible for any additional
costs or expenses resutting from a change in work windows. Additional costs or expenses resulting from a
change in work windows shall be accounted for in Contractor's expenses for the project.
Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so
as to not cause any delays to any trains.
Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this
letter, which, upon execution by Railway, will constitute an Ageement between us.
(Contractor)
sy:
Printed Name:
Title:
Contact Person:
Address:
City: State:_Zip:
Fax:
Phone:
E-mail:
Lipscomb Streei G 1 (7/31 /08)
BNSF Railway Company
By:_
Name:
Manager Public Projects
Accepted and effective this day of 20_
{Revised 06-200&, E�ibit C-1}