HomeMy WebLinkAboutContract 26682CIN SECRETARY �
D.O.E. FlLE
CONTRACTOR'S BONDING �Q,
CONSTRUCTlON'S COPY
CLIENT DEPARTMEN�
KENNETH L. BARR
MAYOR
,
SPECIFICATIONS
�
CONTRACT DOCLJIVIENTS
FOR
UTILITY CUT REPAIR
CONTRACT 2001A
PROJECT NUMBERS:
PW53-060530176040
PS58-070580175390
'�
G1TY SECRETqRY � � �
CONTRACT NO.
A. DOUGLAS RADEMAKER, P.E., DIRECTOR
DEPARTMENT OF ENGINEERING
BOB TERRELL
CITY MANAGER
PREPARED BY DEPARTMENT OF ENGINEERING
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2/20/01
City of Fort Wo�th, Texas
Ma or and Council,
Y
Communication
REFERENCE NUMBER
**C-18468
30WESTHILL
E
APPROPRIATION ORDINANCE AND AWARD OF CONTRACT I
CONSTRUCTION, INC. FOR UTILITY CUT REPAIR CONTRACT 2001A
RECOMMENDPtTION:
It is recommended that the City Council:
1 of 2
STHILL
1. Authorize the transfer of $428,000 from the Water and Sewer Operating Fund to the Water Capital
Project Fund in the amount of $406,600 and the Sewer Capital Project Fund in the amount of
$21,400; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water Capital Project Fund in the amount of $406,600 and the Sewer Capital Project Fund in the
amount of $21,400 from increased revenue; and
3. Authorize the City Manager to execute a contract with Westhill Construction, Inc. in an amount not
to exceed $400,000 and 365 calendar days for Utility Cut Repair Contract 2001A.
DISCUSSION:
The work to be performed under this contract consists of utility cut street repairs, which are necessary
after main replacements and repairs are made by the Water Department's Field Operations crews. The
Water Department is not staffed or equipped to deal with some of the larger repairs. This contract is
necessary to maintain a reasonable repair schedule, minimize disruption to the motoring public and
ensure the street repairs do not adversely impact the life of the remaining street.
The bid documents included a stipulation that the total quantities listed may not reflect actual quantities
and are based on the budgeted amount of $400,000. Final payments will be made based on actual
measured quantities. Funding will be provided individually for each work order prior to its release. The
bid docu�ne��t� also i��cluded a sti�ulat:�r. giving the City the option to renew this contract three times
under the same terms, conditions, and unit prices.
This project was advertised for bid on January 4 and 11, 2001. On February 1, 2001, the following bid
was received: _
Bidders
Westhill Construction, Inc.
Amount
$372,490
Time of Completion
365 Calendar Days
One other bid packet was received but could not be considered because the bidder was not pre-
qualified. The number of bidders were limited due to the nature of the project and the volume of work
currently available to contractors in the area. The Engineering Department has reviewed the price
structure and determined that it is reasonable.
2/20/01
City of Fo�t Wo�th, Texas �
.
Mayor and Counc� ,
Co�tmunication
REFERENCE NUMBER LOG NAME PAGE
**C-18468 30WESTHILL 2 of 2
APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO WESTHILI
CONSTRUCTION, INC. FOR UTILITY CUT REPAIR CONTRACT 2001A �
�
Westhill Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 12°/o
M/WBE participation. The City's goal on this project is 12%.
The transfer amount includes $26,600 and $1,400 from Water and Sewer, respectively, for associated
construction inspection.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval and completion of recommendation No. 1, and
adoption of the attached appropriation ordinance, funds will be available in the current capital budgets,
as appropriated, of the Water Capital Project Fund and the Sewer Capital Project Fund.
MG:k
Submitted for City Manager's
Office by: �
Mike Groomer 6140
Originating Department Head:
A. Douglas Rademaker 6157
Additional Information Contact:
A. Douglas Rademaker 6157
FUND
3)
3)
ACCOUNT
CENTER I AMOUNT
D530176040 $406,600.00
D580175390 $ 21,400.00
D530176040 $380,000.00
D530176040 $ 26,600.00
D580175390 $ 20,000.00
D580175390 $ 1,400.00
0609020 $406,600.00
0709020 $ 21,400.00
CITY SECRETARY
APPROVED 2-20-01
ORDINANCE NO. 14529
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DALE A. FISSELER, P.E.
DIRECTOR WATER DEPARTMENT
2001
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APPROVED �-�4��0�� R--, 4� I.I ���
A.DOUGLAS RA �v1AKER, .E. DIRECTO D ARTMENT OF ENGINEERING
i
APPRO -
S. FRANK CR , P.E. ASSISTA�T' DIREC OR, W�'ER�EPARTMENT
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DATE
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TABLE OFCONTENTS
Notice to Bidders
Special Instructions to Bidders
Part B-Proposal
Minority and Women Business Enterprises Specifications
Part C-General Conditions
Part D-Special Conditions
Section E-Specifications
Certificate of Insurance
Contractor Compliance With Worker's Compensation Law
Performance Bond
Payment Bond
Maintenance Bond
Part G-Contract
NOTICE TO BIDDERS
Sealed proposals for the following:
UTILITY CUT REPAIR CONTRACT 2001A
PROJECT NiJMBERS: PW53-060530176040
PS58-070580175390
IS�]5l�[��c3►.L�:3
Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be
received at the Purchasing Of�ice until 1:30 P.M., Thursday, February 1, 2001 and then
publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Contract
Documents for this project may be obtained at the office of the Department of
Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas.
One set of documents will be provided to prospective bidders for a deposit of $20.00;
such deposit will be refunded if the document is returned in good condition within 10 days
after bids are opened. Additional sets may be purchased on a non-refundable basis for
twenty dollars ($20.00) per set.
Bid security is required in accordance with the Special Instructions to Bidders.
The City reserves the right to reject any and/or all bids and waive any and/or all
irregularities. No bid may be withdrawn unt�l the expiration of forty-nine (49) days from
the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM
and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received
by the City. The award of contract, if made, will be within forty-nine (49) days after this
documentation is received, but in no case will the award be made until the responsibility of
the bidder to whom it is proposed to award the contract has been verified.
Bidders are responsible for obtaining all addenda to the contract documents and
acknowledging receipt of the addenda by initialing the appropriate spaces on the
PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected
as being non-responsive. Infortnation regarding the status of addenda may be obtained by
contacting the Department of Engineering at (817) 871-7910.
In accord with City of Fort Worth Ordinance No. 11923, as amended, the City of Fort
Worth has goals for the participation of minority business enterprises and women business
enterprises in City contracts. You may obtain a copy of the Ordinance from the Office of
the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM,
PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM
("Documentation") as appropriate. The Documentation must be received by the managing
department no later than 5:00 p.m., five (5) City business days after the bid opening date.
The bidder shall obtain a receipt from the appropriate employee of the managing
department to whom delivery was made. Such receipt shall be evidence that the
Documentation was received by the City. Failure to comply shall render your bid non-
responsive.
For additional information, contact Jim Deeter @ 871-7803
BOB TERRELL
CITY MANAGER
Advertising Dates:
January 4, 2001
January 11, 2001
GLORIA PEARSON
CITY SECRETARY
Department of Engineering
A. Dougl Rademaker, Director
By
John , . .
Manager, Eng eering Services
SPECIAL INSTRUCTIONS TO BIDDERS
1) PREOUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be
prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification
process will establish a bid limit based on a technical evaluation and financial analysis of the
contractor. It is the bidder's responsibility to submit the following documentation: a current financial
statement, an acceptable experience record, an acceptable equipment schedule and any other
documents the Department may deem necessary, to the Director of the Water Department at least
seven (7) calendar days prior to the date of the opening of bids.
a) The financial statement required shall have been prepared by an independent certified public
accountant or an independent public accountant holding a valid permit issued by an appropriate
State licensing agency and shall have been so prepared as to reflect the financial status to the
submitting company. This statement must be current and not more than one (1) year old. In the
case that a bidding date falls within the time a new statement is being prepared, the previous
statement shall be updated by proper verification.
b) For an experience record to be considered to be acceptable for a given project, it must reflect the
experience of the firm seeking qualification in work of both the same nature and technical level
as that of the project for which bids are to be received.
c) The Director of the Water Department shall be the sole judge as to the acceptability for financial
qualification to bid on any Fort Worth Water Department project.
d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as
such.
e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or
expertise.
fl Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if
inadvertently opened, shall not be considered.
g) The City will attempt to notify prospective bidders whose yualifications (financial or experience)
are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are
to be received. Failure to notify shall not be a waiver of any necessary prequalification.
2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City of Fort
Worth, in an amount of not less than five (5%) percent of the largest possible total of the bid
submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails
to execute the Contract Documents within ten (10) days after the contract has been awarded. To be
an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S.
Treasury List, or (2) the surety must have capital and surplus equal to ten times the limit of the bond.
The surety must be licensed to do business in the state of Texas. T'he amount of the bond shall not
exceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus.
3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred
(100%) percent of the contract price will be required, Reference C 3-3.7.
4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth,
Texas, and as set forth in the Contract Documents must be paid on this project.
5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the
City reserves the right to adopt the most advantageous construction thereof to the City or to reject the
Proposal.
6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas.
- 7. NONRESIDENT BIDDERS: Pursuant to Article 601 g, Texas Revised Civil Statutes, the City of
Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower
than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas
resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in
, the state in which the nonresident's principal place of business in located.
"Nonresident bidder" means a bidder whose principal place of business is not in this state, but
excludes a contractor whose ultimate parent company or majority owner has its principal place of
business in this state.
This provision does not apply if this contract involves federal funds.
The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the
bid to meet specifications. The failure of a nonresident contractor to do so will automatically
disqualify that bidder.
8. PAYMENT: If the bid amount is $25,000.00 or less, the contract amount shall be paid within forty-
five (45) calendar days after completion and acceptance by the City.
9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government,
Contractor covenants that neither it nor any of its officers, members, agents employees, program
participants or subcontractors, while engaged in performing this contract, shall, in connection with
the employment, advancement or discharge of employees or in connection with the terms, conditions
or privileges of their employment, discriminate against persons because of their age except on the
bases of a bona fide occupational qualification, retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations
or advertisements for employees to work on this contract, a maximum age limit for such employment
unless the specified maximum age limit is based upon a bona fide occupational qualification,
retirement plan or statutory requirements.
Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City
harmless against any claims or allegations asserted by third parties or subcontractor against City
arising out of Contractor's andlor its subcontractors' alleged failure to comply with the above
referenced Policy concerning age discrimination in the performance of this agreement.
10. DISABILTTY: In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public, nor in the
availability, terms and/or conditions of employment for applicants for employment with, or employees
of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's
provisions and any other applicable federal, state and local laws concerning disability and will
defend, indemnify and hold City harmless against any claims or allegations asserted by third parties
or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to
comply with the above referenced laws concerning disability discrimination in the performance of this
agreement.
1 1. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth
Ordinance No. 11923, as amended by Ordinance No. 13471, the City of fort Worth has goals for the
participation of minority business enterprises and women business enterprises in City contracts. A
• copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit
the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD
- FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received by
the managing department no later than 5:00 p.m., five (5) City business days after the bid opening
date. The bidder shall obtain a receipt from the appropriate employee of the managing department to
whom delivery was made. Such receipt shall be evidence that the documentation was received by the
City. Failure to comply shall render the bid non-responsive.
12. Upon request, Contractor agrees to provide the Owner complete and accurate infortnation regarding
actual work performed by a Minority Business Enterprise (MBE) on the contract and payment
thereof. 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 ordinances relating to false statements. Further, any such
misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will
result in the Contractor being determined to be irresponsible and barred from participating in City
work for a period of time of not less than three (3) years.
Revised U27/99
PART B - PROPOSAL
This proposal must not be removed from this book of Contract Documents.
TO: Bob Terrell Fort Worth, Texas
City Manager
Fort Worth, Texas
PROPOSAL FOR: The furnishing of all materials, except materials specified to be
furnished by the City, equipment and labor for the repair of H.M.A.C. and Portland
Cement Concrete pavements from 2-9 inches in thickness, concrete pavements from 5-7
inches, brick paving, curb and gutter, sidewalk and all incidental work necessary to
provide a complete and serviceable project designated as:
UTILITY CUT REPAIR CONTRACT 2001A
Water Project No. PW53-060530176040
Sewer Project No. PS58-070580175390
Pursuant to the foregoing Notice to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents, including plans, special contract documents, and the
General Contract Documents and General Specifications for Water Department Projects,
the site of the project and understanding the amount of work to be done, and the
prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and
material except as specified to be furnished by the City, which is necessary to fully
complete the work as provided in the Plans and Contract Documents and subject to the
inspection and approval of the Director of the City Engineering Department of the City of
Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a
contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond,
and such other bonds, if any, as may be required by the Contract Documents for the
performing and completing of the said work. Contractor proposes to do the work within
the time stated and for the following sums:
C
UNIT 1
(Cuts less than 200 square feet)
Items 1-14
ITEM APPROX. DESCRIPTION OF ITEMS WITH LTNIT
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE
TOTAL
AMOUNT
(Furnish and install, including all appurtenant work, complete in place, the following
items)
(D-No. refers to related items in the Part D Special Conditions:)
1. 700 S.Y. 2-Inch HMAC Pavement,
D-31; Per Square Yard:
`���- ��l � Dollars
and d�lz� Cents $ %� �� $ ��'��'��
2. 100 S.Y. 3-Inch HMAC Pavement,
D-31; Per Square Yard:
�� � ��' �. Dollars
and �a Cents $ � �� $ � �����
3. 100 S.Y. 4-Inch HMAC Pavement,
D-31; Per Square Yard:
�E.�=�c�.� Dollars �, ��
and t� � Cents $ �� " $ ��'� `�
4. 100 S.Y. 5-Inch HMAC Pavement,
D-31; Per Square Yard:
�r c.�-� � �--� Dollars
and � � Cents $ ��� $ ������
5. 700 S.Y. 6-Inch IIMAC Pavement,
D-31; Per Square Yard:
��� ��..i �"�� �� Dollars � � ��
and � Cents $ c � � $ 1��� ��� `y
I:
6. 100
7. 100
8. 100
9. 100
10. 700
11. 100
12. 700
S.Y. 7-Inch HMAC Pavement,
D-31; Per Square Yard:
�7��� �f� Dollars
and � Cents
S.Y. &Inch HMAC Pavement,
D-31; Per Square Yard:
'�e��c_�.�-�y �� 1�. Dollars
and t�f �= Cents
S.Y. 9-Inch HMAC Pavement,
D-31; Per Square Yard:
�i�e -�� � �� �. Dollars
and 0�� Cents
S.Y. 5-Inch Reinforced Concrete Pavement
D-32; Per Square Yard:
�c� ��f T�� � Dollars
and t1-L� Cents
S.Y. 6-Inch Reinforced Concrete Pavement
D-32; Per Square Yard:
�; c��{ i e�� Dollars
and �� Cents
S.Y. 7-Inch Reinforced Concrete Pa�ement
D-32; Per Square Yard:
� ��' d=� �l c.. Dollars
and � Cents
S.Y. Min. 8-Inch 2:27 Concrete Base
D-8, D-29; Per Square Yard:
��� v �i�/'� Dollars
and � Cents
.
.�
� ��a�-.�
$ ��t�"�'
$ �frZQ�J cc�c�
Qc�
$ '��a"
$ 1 �,�.�f�°=
l ' , / �► w
', ,
� 4-� e�' $ ��F�f��e�
13. 100 S.Y. Min. 5-Inch Reinforced Concrete Base
D-29, D-32; Per Square Yard:
`T� t e°� F � �� � Dollars
and /�l`�-' Cents $ ��� $ �����
14. 100 S.Y. Brick Paving
D-32, D-37; Per Square Yard:
�� � � �'�� Dollars �� �y�
and � Cents $ �� �' $ % � ��
I: �
UNIT 2
(Cuts >200 square feet but < 1000 square feet)
Items 15-28
ITEM APPROX. DESCRIPTION OF ITEMS WITH iJNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN 1N WORDS PRICE AMOUNT
(Furnish and install, including all appurtenant work, complete in place, the following
items)
(D-No. refers to related items in the Part D Special Conditions:)
15. 700 S.Y. 2-Inch HMAC Pavement,
16. 100
D-31; Per Square Yard:
��e�C'��-�L Dollars
and n Cents
S.Y. 3-Inch HMAC Pavement,
D-31; Per Square Yard:
�E����� Dollars
and G�� Cents
$ , �, �� �e:,
��
17. 100 S.Y. 4-Inch �IMAC Pavement,
D-31; Per Square Yard:
��.,� ��� Dollars �
and � � Cents $ ��-� g' $ ������
18. 100 S.Y
19. 700 S.Y
5-Inch HMAC Pavement,
D-31; Per Square Yard:
�c�>� 1��7�� Dollars
and � � Cents
6-Inch HMAC Pavement,
D-31; Per Square Yard:
"Ti����y ��� Dollars
and f-lo Cents
:
�, �
�-
$ % ����� �
20. 200 S.Y. 7-Inch I�VIAC Pavement,
D-31; Per Square Yard:
"�[,�� i'-~��z: Dollars �, �
and 6-1 � Cents $ Z� $ �� �
21. 100 S.Y. 8-Inch HIVIAC Pavement,
D-31; Per Square Yard:
�c�*�.� � ��� Dollars
and B-� � Cents $ �� $ � �' � �9'
22. 100 S.Y. 9-Inch HMAC Pavement,
D-31; Per Square Yard:
i c��.��.�-� �C�l�j Dollars
and d�� Cents
23. 100 S.Y. 5-Inch Reinforced Concrete Pavement
D-32; Per Square Yard:
�'t��� c ��� Dollars
and D-L� Cents
$ ��'� $ ��oe�`��
$ t � �'� $ 1 ���
24. 700 S.Y. 6-Inch Reinforced Concrete Pavement
D-32; Per Square Yard:
�e � c� i"�-�-� Dollars
and 11�� Cents $ � �� $ r �� � ��� �
25. 100 S.Y. 7-Inch Reinforced Concrete Pavement
D-32; Per Square Yard:
� E�3� �� � L Dollars
and d� �' Cents
26. 750 S.Y. Min. 8-Inch 2:27 Concrete Base
D-8, D-29; Per Square Yard:
(J'ovz.��! '���U Dollars
and 'Q Cents
:.
� �� �= $ 4 ����"
$ ¢ � ��' $ 33, �1 ��1 �
27. 100 S.Y. Min. 5-Inch Reinforced Concrete Base
D-29, D-32; Per Square Yard:
��e�l� �� Dollars
and l�� Cents $� $ J�����
28. 50 S.Y. Brick Paving
D-32, D-37; Per Square Yard:
�e�-�� l��e��.�.� Dollars Q� � ��
and r9� � Cents $ '��'� $ � ��� `-'
:
UNIT 3
(Cuts > 1000 square feet)
Items 29-42
ITEM APPROX. DESCRIPTION OF ITEMS WITH iJNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN 1N WORDS PRICE AMOUNT
(Furnish and install, including all appurtenant work, complete in place, the following
items)
(D-No. refers to related items in the Part D Special Conditions:)
29. 700 S.Y. 2-Inch HMAC Pavement,
D-31; Per Square Yard:
�r�� i �-� Dollars ��,
and l�� Cents $ ��� $ I�, �����
30. 400 S.Y. 3-Inch HMAC Pavement,
D-31; Per Square Yard:
���c-l�`�-- Dollars
and b-�� Cents $ ��� $ ��e'��
31. 100 S.Y. 4-Inch HMAC Pavement,
D-31; Per Square Yard:
"lc�-����-., c���� Dollars �� c�
and t3� � Cents $ � �" " $ '�'� �' �
32. 100 S.Y. 5-Inch HMAC Pavement,
D-31; Per Square Yard:
�l`�u��� ���dz.� Dollars
` and ��� Cents $ �4' � $ ��'����
33. 800 S.Y. 6-Inch HMAC Pavement,
D-31; Per Square Yard:
� �� c�.��.� Dollars . �p� � ��
and B-�� Cents $ 2 "' $ � � �
�—
::
34. 100 S.Y. 7-Inch HMAC Pavement,
D-31; Per Square Yard:
! t�=j�-� Dollars
and � Il� t� Cents $ �� $ ����`"
35. 100 S.Y. 8-Inch HMAC Pavement,
D-31; Per Square Yard:
��� �e c��k7- Dollars
. and d�� Cents
36. 100 S.Y. 9-Inch HMAC Pavement,
D-31; Per Square Yard:
T'c.,_:�� � te��i Dollars
and � Cents
37. 100 S.Y. 5-Inch Reinforced Concrete Pavement
D-32; Per Square Yard:
`�'c.�.��'� � Dollars
and �� Cents
38. 700 S.Y. 6-Inch Reinforced Concrete Pavement
D-32; Per Square Yard:
�c�t-� '�ee;� Dollars
and �� Cents
$ �`� $ ���cs
$ ��`�� � ���� ��
$ ��� $ 1��� �
$ ?�'� $ l�, �����
39. 100 S.Y. 7-Inch Reinforced Concrete Pavement
D-32; Per Square Yard:
��r� �r.�� Dollars � �-,
and Cents $ 4'� "r $ 4��� `
40. 700 S.Y. Min. 8-Inch 2:27 Concrete Base
D-8, D-29; Per Square Yard:
���-?'�{ ���1�?" Dollars �;� o�
and 6-C� Cents $ � � $ 3� �'�� �
:'
41. 100 S.Y. Min. 5-Inch Reinforced Concrete Base
D-29, D-32; Per Square Yard:
�-�� �''-� f ��`� Dollars � �
and d�%2 Cents $ �� �'" $ ���-�'
42. 50 S.Y. Brick Paving
D-32, D-37; Per Square Yard:
�� �� �a� Dollars �
and � Cents $ ��� $ � ��'-�� �"
UNIT 4
(All Cuts Regardless of Size)
Items 43-50
ITEM APPROX. DESCRIPTION OF ITEMS WITH L7NIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
(Furnish and install, including all appurtenant work, complete in place, the following
items)
(D-No. refers to related items in the Part D Special Conditions:)
43. 200 S.Y. 2-Inch HMAC Pavement,
D-68; Per Square Yard:
"1'�-(�r�-`��� Dollars
�� , . �
and ei�'t'�f Cents $ f�J �' $ �7t�c' �-
44. 200 S.Y. 3-Inch HMAC Pavement,
D-68; Per Square Yard:
�'J�t �t' i��� Dollars
and �r���-�' Cents
45. 200 S.Y. 4-Inch HMAC Pavement,
D-68; Per Square Yard:
�pc�1k�'t.�,a� Dollars
and � Cents
$ � ��o $ 2���
� 1 �� � ����
46. 200 S.Y. 5-Inch I�vIAC Pavement,
D-68; Per Square Yard:
�1���'�e� Dollars � �
and t�c' Cents $ �� � $ �f��
47. 200 S.Y. 6-Inch HMAC Pavement,
D-68; Per Square Yard:
������y ���� Dollars � p�
and D�c� Cents $ � � s $ � �� �
B-11
48. 200 S.Y. 7-Inch HMAC Pavement,
D-68; Per Square Yard:
7�a��. a��e_� Dollars
and /J� Cents $ 2"7�`� $ � ��aa�
49. 200 S.Y. 8-Inch HMAC Pavement,
D-68; Per Square Yard:
'1�r� � ��'� � 4� �. Dollars
and �' r� Cents
50. 200 S.Y. 9-Inch HMAC Pavement,
D-68; Per Square Yard:
t't�! t��� C� rr�'�. Dollars
and d� e a—r� Cents
B-12
� (� . �,`�'`
$ �t+��ac]
UNIT 5
Items 51-77
ITEM APPROX. DESCRIPTION OF ITEMS WITH iJNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN 1N WORDS PRICE AMOUNT
(Furnish and install, including all appurtenant work, complete in place, the following
items)
(D-No. refers to related items in the Part D Special Conditions:)
51. 400 L.F. Curb and Gutter,
D-50; Per Linear Foot:
t ���2-�f �� Dollars
and �'� Cents $ � ��� $ � � � �
52. 400 L.F Attached Curb,
D-33; Per Linear Foot:
�! � Dollars
and �e� Cents $ �'� $ �¢'�'�'�
53. 100 S.F. 6-Inch Reinforced Concrete
Driveway,
D-7; Per Square Foot:
� �.� �� Dollars � � �,
and � f �� Cents $ � " $ � � � �`
54. 150 S.F. 4-Inch Reinforced Concrete Sidewalk
and Wheelchair Ramp,
D-7, D-48; Per Square Foot:
� ��l Dollars $ �9 �� $ �� �
and � � Cents
55. 50 S.Y. 4-Inches Top Soil,
D-53; Per Square Yard:
��� �► Dollars
and � Cents
B-13
� ���� $ lo���
56. 1 Ea. Manhole Adjustment,
D-34; Per Each:
•� - � �-� T,.�Q�� ��- Dollars
c+-�� � �
and 8�1� Cents $ � ���� $ � ����
57. 1 Ea. Valve Vault Adjustment,
D-34; Per Each:
4r� l-�:���� �ra='"� Dollars
and �.� Cents $ �.�� $ � `��°�a
58. 50 C.Y. Washed Rock,
D-25; Per Cubic Yard:
� 1 e� �� i' Dollars �,�,
and c Cents $ � �
59. 50 S.Y. Parking Lot Repair,
D-10; Per Square Yard:
� I �u-�-,p S � �� Dollars
�
and i�� Cents $ �� �"
60. 50 S.Y. 6-Inch Minunum Thickness Lime
Stabilized Base,
D-39; Per Square Yard:
`T'��. Dollars $ ���
and � Cents
61. 50 S.Y. Asphalt Driveway Repair,
D-52; Per Square Yard:
��� `-�' �= 'tl� Dollars
and � Cents $ � `� �
62. 25 C.Y. Crushed Limestone,
D-59; Per Cubic Yard:
T�t�sPe� ��f Dollars �,
and r}--�� Cents $ �p�
$ 1 �J '��
63. 10
.� 17
65. 10
66. 5
C.Y. Class "A" Concrete (3000#),
Per Cubic Yard:
�t�rt. �-�+���'�-� Dollars $ ����
and � Cents
C.Y. Class "B" Concrete (2500#),
Per Cubic Yard:
�Et.����`� Dollars $ ���
and G�: � Cents
C.Y. Class "E" Concrete (1500#),
Per Cubic Yard:
� c t� t� i�� Dollars $���
and D � Cents
C.Y. Repair Storm Drain Structures,
D-41; Per Cubic Yard:
•i�� G�,�:�A�-�� �r�=�� D ll
o ars
and t� l� Cents $ 2 ��o� � � , � � � ca
67. 1 Ea. Concrete Manhole Collar,
D-5�; Per Each:
� 1 �� i���-1 �� Dollars
68. 1
69. 200
� ��
and t�� Cents $ ���`� $ ��� "
Ea. Manhole Inserts,
D-58; Per Each:
�c t,�"�"� Dollars �
and � � Cents $ ��'
L.F. Silicone Joint Sealing,
Per Linear Foot:
"��tZ�� Dollars
and v Cents $ � ��
B-15
$ ��oa
70. 1
71. 1
Ea.
Ea.
72. 200 L.F
73. 50
Relocate Water Meter and Box,
D-54; Per Each:
(�� J-� �-x.��� Dollars
and 1�1r� Cents
Water Meter Adjustment,
D-54; Per Each:
�� ��z%���� Dollars
and 6�1� Cents
Sawcut Concrete Pavement,
D-49; Per Linear Foot:
Z't�-�Z.��, Dollars $ �� $ ��`�'�
and �t7 Cents
C.Y. "Quick Set" Concrete,
D-46; Per Cubic Yard:
�rle. f-��9 ��, G � �� Dollars $ � Z�J�
and �l v Cents
74. Lump Sum Utility Adjustment,
D-47; Per Lump Sum:
One Thousand Dollars
and No Cents $ 1,000.00
75. 620 S.F. Concrete Valley Gutter,
D-62; Per Square Foot:
� �'���� Dollars �c�
and (,r.�� Cents � �
: .
$ 1,000.00
� , .
76. 20 Ea. Traffic Buttons,
D-63; Per Each:
�i`.Lr� Dollars
and /�� Cents
77. 100 L.F. Pavement Striping,
D-64; Per Linear Foot:
�
Dollars �'
��
Cents
TOT!-�I. 11M�UNT BID � � / �� �� � ��
B-17
PART B - PROPOSAL (Cont.)
Within ten (10) days after acceptance of this Proposal, the undersigned will execute the
formal contract and will deliver an approved Surety Bond and such other bonds as
required by the Contract Documents, for the faithful performance of the Contract. The
attached bid security in the amount of 5% is to become the property of the City of Fort
Worth, Texas, in the event the contract and bond or bonds are not executed and delivered
within the time above set forth, as liquidated damages for the delay and additional work
caused thereby.
The undersigned bidder certified that he has been furnished at least one set of the General
Contract Documents and General Specifications for Water Department Projects dated
January 1, 1978, and that he has read and thoroughly understands all the requirements and
conditions of those General Documents and the specific Contract Documents and
appurtenant plans.
The undersigned assures that its employees and applicants for employment and those of
any labor organization, subcontractors, or employment agency in either furnishing or
referring employee applicants to the undersigned are not discriminated against as
prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No.
7400.
The Bidder agrees to begin construction within 10 calendar days after issue of the work
order, and to complete the contract within 365 calendar days after beginning
construction as set forth in the written work order to be furnished by the Owner.
(Complete A or B below, as applicable:)
A. The principal place of business of our company is in the State of
Nonresident bidders in the State of , our principal
place of business, are required to be percent lower than resident bidders
by state law. A copy of the statute is attached.
Non resident bidders in the State of , our principal
place of business, are not required to underbid resident bidders.
V B. The principai place of business of our company or our parent company or
majority owner is in the State of Texas.
B-18
I(we) acknowledge receipt of the following addenda to the plans and specifications, all of
the provisions and requirements of which have been taken into consideration on
preparation of the foregoing bid:
Addendum No. 1(Initials) Addendum No. 3(Initials)
Addendum No. 2(Initials) Addendum No. 4(Initials)
(Seal)
Date: �- � � ��� �
Respectfully submitted,
L�J� �`��-ij c.� �o �S i�XZZ��;T'�� �� �
By:
Title �
`�r� r� 1��� �ca�.�-- D"✓ixs >
Address
�c� �� z�c�
�C������, �"��. `7��`� �
Telephone: �l"2� ���- �5��
: `
City of Fort Worth
Minority and Women Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR BIDDERS
APPLICATION OF POLICY
If the total dollar value of the contract is 525,000 or more, the MIWBE goal is applicable. If the total dollar
value of the contract is less than $25,000, the M/WBE goal is not applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business
Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective of
the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide
goods and services directly or indirectly to the City. 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 MBE/WBE goal on this project is � 2 % of the base bid value of the contract.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance
by either of the following:
1. Meet or exceed the above stated M/VIIBE goal, or;
2. Good Faith Effort documentation, or;
3. Waiver documentation.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Managing Department, within the following times allocated, in
order for the entire bid to be considered responsive to the specifications.
1. M/WBE Utilization Form, if goal
is met or exceeded:
2. Good Faith Effort Form and M/WBE
Utilization Form, if participation is
less than stated goal:
3. Good Faith Effort Form if no
participation:
4. Prime Contractor Waiver Form
received by 5:00 p.m., five (5) City business days after the
bid opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) City business days after the
bid opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) City business days after the
bid opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) City business days after the
bid opening date, exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S MIWBE ORDINANCE, WILL RESULT IN THE BID BEING
CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS.
Any questions, please contact the M/VNBE Office at (817) 871-6104.
Rev. 6/19/00
ATTACHMENT 1A
Page 1 of 2
City of Fort Worth
Minority and Women Business Enterprise Specifications
MBE/WBE UTILIZATION
f_.��„(
�[.f� S %r-(r � ��a�Gsi � �c� rccal �.��- � - �
PRIM` �COMPANY NAME /� BID DATE �]�
11 r�f C 7 ��4� l ���..��-��-� �f��� E� ��� ��`t�
PROJECT NAME PROJECT NUMBER
CITY'S M/WBE PROJECT COAL: �� p M/WBE PERCENTAGE ACHIEVED:
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, w�
result in the bid being considered non-responsive to bid specifications.
The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in thes
schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowinc
misrepresentation of facts is grounds for consideration of disqualifcation and will result in the bid being considere�
non-responsive to specifications.
Company Name, Contact Name,
Address, and Telephone No.
�c-',�".�'� ��J� lt�t 4,
_ _ ._- - - ------ - ----- — -- - -
.
.. S� �V:�4-el'�e4.. - - ----- _ _
��� CC�� ��
-- _..------_.. -___ ----
�. l� ol�c ---�-.`d �'-1`� - - .... _.
��� �'��._ �'9��'
certinea
V OO
� O
X
Z ~2
Specify All Contracting
Scope of Work (*)
�Ot� c'�'�� �!
l 2�=�c�i �
Specify All Items to be
Supplied(*) ,�;
v �
�. m
N H
M/WBEs must be located in the 9(nine) county marketplace or currently doing buslness in the marketplace at the time of bid.
(') Specify all areas In whlch MWBE's are to 6e utllized and/or items to be supplied:
(•1 A comolete listlna of Items to be supplied is requlred in order to receive credit torrard the MlWBE goal.
('*) Identify each Tier level.
Dollar Amount
��
.¢ �. �G� -
Tler: Means the level of subcontracting below the prime contractor/consultant, �.e., a a�reci paymerr�
from the prime contractor to a subcontractor is considered 1" tler, a payment by a subcontractor to
Its supplier is considered 2nd tler.
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID
OPENING, EXCLUSIVE OF THE BID OPENING DATE
Rev. 6l2`5�
ATTACHMENT 1A
Page 2 of 2
c�t� of Fort wortn
Minority and Women usiness Enterprise Specifications
MBE/WBE UTILIZATION
Company Name, Contact Name, Certifled Specify All Contracting Specify All Items to be Dollar Amount
Address, and Telephone No. Q -- Scope of Work (*) Supplied(*) ,��
c� o p � �
� x� ��
Z �_
The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding
actual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid.
The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company
that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized
officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating
action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and
creates a material breach of contract may result in a determination of an irresponsible offeror and barred from
participating in City work for a period of time not less than one (1) year.
��L MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD
� . ����-�"° / t� ���/''�t�c.l�>s
Autho 'zed Signature Printed Signature
�iJZt s � 1,a��
Title Contact Name and Title (if different)
(�i�St�;u:., �r,�sc �i�l�. ��7- ���- 2'�O�
Company Name Telephone Number (s)
�C7 l�c�� ��(� �jC�7�- SS�'— ��'f� �
Addr ss Fax Number
��.� ��dz..��� , �'� ?�. '2- i � '-�t�C� i
City/StatelZip Code
Date
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID
OPENING, EXCLUSIVE OF THE BID OPENING DATE
Rev. 6/2/98
ATTACHMENT 16
Page 1 of 1
c�t�y of Fo�t wortn
Minority and Women Business Enterprise Specifications
Prime Contractor Waiver
7 �v� �'�'A�2j
�,��i�cC� �c���tS�. ��-: %�C�y
Prime Company Name Project Name
�'.^�- �GE.(
�Bid Opening Date
Project Number
If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All
questions on this form must be completed and a detailed explanation provided, if applicable. If the
answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only
applicable if both answers are yes.
Failure to complete this form in its entirety and be received by the Manaainq Deaartment on or before'
5•00 p m five (51 Citv business davs after bid oaenina, exclusive of the bid opening date, will result in'
the bid being considered non-responsive to bid specifications.
Will you perform this entire contract without subcontractors? Yes ✓No
If yes, please provide a detailed explanation that proves based on the size and scope of this
project, this is your normal business practice and provide an operational profile of your
business.
Will you perform this entire contract without suppliers? Yes ��� No
If yes, please provide a detailed explanation that proves based on the size and scope of this
project, this is your normal business practice and provide an inventory profile of your
business.
The bidder further agrees to provide, directly to the City upon request, complete and accurate
information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) on
this contract, the payment therefore and any proposed changes to the original MBE(s) and/or WBE (s)
arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of
any books, records and files held by their company that will substantiate the actual work performed by
the MBE(s) and/o� WBE(s) on this contract, by an authorized officer or employee of the City. Any
intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or
debarment from City work for a period of not less than three (3) years and for initiating action under
Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and
creates a material breach of contract may result in a determination of an irresponsible offeror and
barred from participating in City work for a period of time not less than one (1) year.
2�,��-�-�--�
d Signature
�?tsc c��E2:�
Title
�
�.�-��- �� � � �_ �eu�. �,.� �.
Company Name
j�0 l�v � �� C ��
Address
� �� ���
�� �".�/,,L c� C��. /
Printed Signature
Contact Name (if different)
� ��� 5 �� �— �Z�-c� �
Contact Telephone Number (s)
� r""7— � S � — O`�i e� �
Fax Number
Rev. 612/98
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
TABLE OF CONTENTS
NOVEMBER, 1, 1987
TABLE OF CONTENTS
DEFINITIONS
Definition of Terms
Contract Documents
Notice to Bidders
Proposal
Bidder
General Conditions
Special Conditions
Specif ications
Bond
Contract
Plans
City
City Council
Mayor
City Manager
City Attorney
Director of Public Works
Director, City Water Department
Engineer
Contractor
Sureties
The Work or Project
Working Day
Calendar Day
Legal Holiday
Abbreviations
Change Order
Paved Streets and Alleys
Unpaved Streets and Alleys
City Streets
Roadway
Gravel Street
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
C2-2.4 Submitting of Proposal
C2-2.5 Rejection of Proposals
C2-2.6 Bid Security
(1)
CONDITIONS
C1-1
Cl-1
Cl-1
C1-1
C1-1
C1-1
C1-1
C1-1
Cl-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
(1)
(1)
(2)
(2)
(2)
(2)
(2)
(2)
(2)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(5)
(6)
(6)
(6)
(6)
(6)
(6)
C2-2 (1)
C2-2 (1)
C2-2 (2)
C2-2 (3)
C2-2 (3)
C2-2 (3)
C2-2.7 Delivery of Proposal
C2-2.8 Withdrawing Proposals
C2-2.9 Telegraphic Modification of Proposals
C2-2.10 Public Opening of Proposal
C2-2.11 Irregular Proposals
C2-2.12 Disqualification of Bidders
C3-3
C3-3.1
C3-3.2
C3-3.3
C3-3.4
C3-3.5
C3-3.6
C3-3.7
C3-3.8
C3-3.9
C3-3.10
C3-3.11
C3-3.12
C3-3.13
C3-3.14
C3-3.15
AWARD AND EXECUTION OF DOCUMENTS
Consideration of Proposals
Minority Business Enterpise
Women-Owned Business Enterprise
compliance
Equal Employment Provisions
Withdrawal of Proposals
Award of Contract
Return of Proposal Securities
Bonds
Execution of Contract
Failure to Execute Contract
Beginning Work
Insurance
Contractor's Obligations
Weekly Payroll
Contractor's Contract Administration
Venue
C4-4 SCOPE OF 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 Schedule of Operations
C4-4.7 Progress Schedules for Water and
Sewer Plant Facilities
CS-5 CONTROL OF WORR AND MATERIALS
C5-5.1 Authority of Engineer
C5-5.2 Conformity with Plans
C5-5.3 Coordination of Contract Documents
C5-5.4 Cooperation of Contractor
C5-5.5 Emergency and/or Rectification Work
C5-5.6 Field Office
C5-5.7 Construction Stakes
C5-5.8 Authority and Duties of Inspectors
C5-5.9 Inspection
C5-5.10 Removal of Defective and Unauthorized
CS-5.11 Substitute Materials or Equipment
CS-5.12 Samples and Tests of Materials
C5-5.13 Storage of Materials
CS-5.14 Existing Structures and Utilities
CS-5.15 �nterruption of Service
CS-5.16 Mutual Responsibility of Contractors
C5-5.17 Cleanup
C5-5.18 Final Inspection
(2)
C2�2 (4)
C2-2 (4)
�2-2 (4)
C2-2 (4)
C2-2 (4)
C2-2 (5)
C3-3 (1)
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
(1)
(1)
(2)
(2)
(2)
(2)
(4)
(4)
(4)
(4)
(7)
(7)
(7)
(8)
C4-4 (1)
C4-4 (1)
C4-4 (1)
C4-4 (2)
C4-4 (2)
C4-4 (3)
C4-4 (4)
C5-5
CS-5
CS-5
CS-5
C5-5
CS-5
C5-5
C5-5
CS-5
Work C5-5
CS-5
C5-5
C5-5
CS-5
C5-5
CS-5
C5-5
CS-5
(1)
(1)
(2}
(2)
(3)
(3)
(3)
(4)
(5)
(5)
(5)
(6)
(6)
(7)
(7)
(8)
(8)
(9)
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
C7-7.9
C7-7.10
C7-7.11
C7-7.12
C7-7.13
C7-7.14
C7-7.15
C7-7.16
C7-7.17
C8-8
C8-8.1
C8-8.2
LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
Laws to be Observed
Permits and Licenses
Patented Devices, Materials and Processes
Sanitary Provisions
Public Safety and Convenience
Privileges of Contractor in Streets,
Alleys, and Right-of-Way
Railway Crossings
Barricades, Warnings and Watchmen
Use of Explosives, Drop Weight, etc.
Work Within Easements
Independent Contractor
Contractor's Responsibility for
Damage Claims
Contractor's Claim for Damages
Adjustment of Relocation of Public
Utilities, etc.
Temporary Sewer Drain Connections
Arrangement and Charges of Water
Furnished by City
Use of a Section of Portion of the Work
Contractor's Responsibility for Work
No Waiver of Legal Rights
Personal Liability of Public Officials
State Sales Tax
PROSECUTION AND PROGRESS
Subletting �
Assignment of Contract
Prosecution of the Work
Limitations of Operations
Character of Workman and Equipment
Work Schedule
Time of Commencement and Completion
Extension of time of Completion
Delays
Time of Completion
Suspension by Court Order
Temporary Suspension
Termination of Contract due to
National Emergency
Suspension of Abandonment uf the
Work and Annulment of Contract
Fulfillment of Contract
Termination for Convenience of the Onwer
Safety Methods and Practices
MEASUREMENT AND PAYMENT
Measurement of Quantities
linit Prices
(3)
C6-6 (1)
C6-6 (1)
C6-6 (1)
C6-6 (2)
C6-6 (2)
C6-6 (3)
C6-6 (4)
C6-6 (4)
C6-6 (5)
C6-6 (6)
C6-6 (8)
C6-6 (8)
C6-6 (10)
C6-6 (10)
C6-6 (10)
C6-6
C6-6
C6-6
C6-6
C6-6
C6-6
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
(1)
(1)
(1)
(2)
(2)
(3)
(4)
(4)
(4)
(5)
(6)
(6)
C7-7 (7)
C7-7 (7)
C7-7 (9)
C7-7 (10>
C7-7 (13)
C6-8 (1)
C8-8 (1)
C8-8.3
C8-8.4
C8-8.5
C8-8.6
C8-8.7
C8-8.8
C8-8.9
C8-8.10
C8-8.11
C8-8.12
C8-8.13
Lump Sum
Scope of Payment
Partial Estimates and Retainage
Withholding Payment
Final Acceptance
Final Payment
Adquacy of Design �
General Guaranty
Subsidiary Work
Miscellaneous Placement
Record Documents
(4)
of Material
C8-S
CS-8
C8-8
C8-8
C8-8
C8-8
C8-8
C8-8
C8-8
C8-8
C8-8
(1)
(1)
(2)
(3)
(3)
(3)
(4)
(4)
(5)
(5)
(5)
PART C - GENERAL CONDITIONS
C1-1 DEFINITIONS
SECTION C1-1 DEFINITIONS
C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract
Documents the following terms or pronouns in place of them are
used, the intent and meaning shall be understood and
interpreted as follows:
C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of
the written and drawn documents, such as specifications,
bonds, addenda, plans, etc., which govern the terms and
performance oF the contract. These are contained in the
General Contract Documents and the Special Contract Documents.
a. GENERAL CONTRACT DOCUMENTS: The General Contract
Documents govern all Water Department Projects and
include the following items:
PART A
PART B
PART C
PART D
PART E
- NOTICE TO BIDDERS (Sample)
- PROPOSAL (Sample)
- GENERAL CONDITIONS (CITY)
(Developer)
- SPECIAL CONDITIONS
- SPECIFICATIONS
PERMITS/EASEMENTS
PART F - BONDS
PART G - CONTRACT
(Sample)
(Sample)
White
White
Canary Yellow
Brown
Green
E1-White
E2-Golden Rod
E2A-White
Blue
White
White
b. SPECIAL CONTRACT DOCUMENTS: The Special Contract
Documents are prepared for each specific project as
a supplement to the General Contract Documents and
include the following items:
PART A- NOTICE TO BIDDERS
above
PART B - PROPOSAL (Bid)
PART C - GENERAL CONDITIONS
PART D - SPECIAL CONDITIONS
PART E - SPECIFICATIONS
PERMITS/EASEMENTS
PART F - BONDS
PART G - CONTRACT
(Advertisement) Same as
PART H- PLANS (Usually bound separately)
C1-1 (1)
C1-1.3 NOTICE TO BIDDERS: Al1 of the legal publications
either actually published in public advertising mediums or
furnished direct to interested parties pertaining to the work
contemplated under the Contract Documents constitutes the
notice to bidders.
C1-1.4 PROPOSAL: The completed written and signed offer or
tender of a bidder to perform the work which the Owner desires
to have done, together with the bid security, constitutes the
Proposal, which becomes binding upon the Bidder when it is
officially received by the Owner, has been publicly opened and
read and not rejected by the Owner.
C1-1.5 BIDDER: Any person, persons, firm, partnership,
company, association, corporation, acting directly or through
a duly authorized representative, submitting a proposal for
performing the work contemplated under the Contract Documents,
constitutes a bidder.
C1-1.6 GENERAL CONDITIONS: The General Conditions are the
usual construction and contract requirements which govern the
performance of the work so that it will be carried on in
accordance with the customary procedure, the local statutes,
and requirements of the City of Fort Worth's charter and
promulgated ordinances.
Wherever there may be a conflict between the General
Conditions and Special Conditions, the latter shall take
precedence and shall govern.
C1-1.7 SPECIAL CONDITIONS: Special conditions are the
specific requirements which are necessary for the particular
project covered by the Contract Documents and not specifically
covered in the General Conditions. When considered with the
General Conditions and other elements of the Contract
Documents they provide the information which the Contractor
and Owner should have in order to gain a thorough knowledge of
the project.
C1-1.8 SPECIFICATIONS: The Specifications is that section or
part of the Contract Documents which sets forth in detail the
requirements which must be met by all materials, construction,
workmanship, equipment and services in order to render a
completed and useful project. Whenever reference is made to
standard specifications, regulations, requirements, statutes,
etc., such referred to documents shall become a part of the
Contract Documents just as though they were embodied therein.
C1-1.9 BOND: The bond or bonds are the written guarantee or
security furnished by the Contractor for the prompt and
C1-1 (2)
faithful performance of the contract and include the
following:
a.
b.
c.
d.
Performance Bond
Payment Bond
Maintenance
Proposal or
to Bidders,
(see
Bond
Bid
Part
(see paragraph C3-3.7)
paragraph C3-3.7)
(see paragraph C3-3.7)
Security (see Special Instructions
A and C2-2.6)
C1-1.10 CONTRACT: The Contract is the formal signed agreement
between the Owner and the Contractor covering the mutual
understanding of the two contracting parties about the project
to be completed under the Contract Documents.
C1-1.11 PLANS: The plans are the drawings or reproductions
therefrom made by the Owner's representative showing in detail
the location, dimension and position of the various elements
of the project, including such profiles, typical
cross-sections, layout diagrams, working drawings, preliminary
drawings and such supplemental drawings as the Owner may issue
to clarify other drawings or for the purpose of showing
changes in the work hereinafter authorized by the Owner. The
plans are usually bound separately from other parts of the
Contract Documents, but they are a part of the Contract
Documents just as though they were bound therein.
C1-1.12 CITY: The City of Fort Worth, Texas, a municipal
corporation, authorized and chartered under the Texas State
Statutes, acting by and through its governing body or its City
Manger, each of which is required by charter to perform
specific duties. Responsibility for final enforcement of
Contracts involving the City of Fort Worth is by Charter
vested in the City Manager. The terms City and Owner are
synonymous.
C1-1.13 CITY COUNCIL: The duly elected and qualified
gove�rning body of the City of Fort Worth, Texas.
C1-1.14 MAYOR: The officially elected Mayor, or in his
absence, the Mayor Pro tem of the City of Fort Worth, Texas,
C1-1.15 CITY MANAGER: The officially appointed and authorized
City Manager of the City of Fort Worth, Texas, or his duly
authorized representative.
C1-1.16 CITY ATTORNEY: The officially appointed City Attorney
of the City of Fort Worth, Texas, or his duly authorized
representative.
C1-1 (3)
C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official
of the City of Fort Worth, referred to in the Charter as the
City Engineer, or his duly authorized representative.
C1-1.18 DIRECTOR CITY WATER DEPARTMENT: The duly appointed
Director of the City Water Department of the City of Fort
Worth, Texas, or his duly authorized representative,
assistant, or agents.
C1-1.19 ENGINEER: The Director of Public Works, the Director
of the Fort Worth City Water Department, or their duly
authorized assistants, agents, engineers, inspectors, or
superintendents, acting within the scope of the particular
duties entrusted to them.
C1-1.20 CONTRACTOR: The person, persons, partnership,
company, firm, association, or corporation, entering into a
contract with the Owner for the execution of the work, acting
directly or through a duly authorized representative. A
sub-contractor is a person, firm, corporation, or others under
contract with the principal contractor, supplying labor and
materials or only labor, for work at the site of the project.
C1-1.21 SURETIES: The Corporate bodies which are bound by
such bonds are required with and for the Contractor. The
sureties engaged are to be fully responsible for the entire
and satisfactory fulfillment of the Contract and for any and
all requirements as set forth in the Contract Documents and
approved changes therein.
C1-1.22 THE WORK OR PROJECT: The completed work contemplated
in and covered by the Contract Documents, including but not
limited to the furnishing of all labor, materials, tools,
equipment, and incidentals necessary to produce a completed
and serviceable project.
C1-1.23 WORKING DAY: A working day is defined as a calendar
day, not including Saturdays, Sundays, and legal holidays, in
which the weather or other conditions not under the control of
the Contractor permit the performance of the principal unit of
work for a period of not less than seven (7) hours between
7:00 a.m, and 6:00 p.m., with exceptions as permitted in
paragraph C7-7.6.
C1-1.24 CALENDAR DAYS: A calendar day is any day of the week
or month, no days being excepted.
C1-1.25 LEGAL HOLIDAYS: Legal holidays shall be
prescribed by the City Council of the City of Fort
observance by City employees as follows:
C1-1 (4)
observed as
Worth for
�
�
i.
2.
3.
4.
5.
6.
7.
8.
9.
New Year's Day
M. L. Ring, 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 determine
January 1
Third Monday in January
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth Friday in November
December 25
When one of the above named holidays or a special holiday is
declared by the City Council, falls on Saturday, the holiday
shall be observed on the preceding Friday or if it falls on
Sunday, it shall be observed on the following �onday, by those
employees working on working day operations. Employees
working calendar day operations will consider the calendar
holiday as the holiday.
C1-1.26 ABBREVIATIONS: Wherever the abbreviations defined
herein appear in Contract Documents, the intent and meaning
shall be as follows:
AASHTO - American Association of MGD
State Highway Transportation
Officials
ASCE - American Society of Civil
Engineers
LAW - In Accordance With
ASTM - American Society of
Testing Materials
AWWA - American Water Works
Association
ASA - American Standards Association
HI - Hydraulic Institute
Asph.
Ave.
Blvd.
CI
CL
GI
Lin.
lb.
MH
Max.
- Asphalt
- Avenue
- Boulevard
- Cast Iron
- Center Line
- Galvanized Iron
- Linear or Lineal
- Pound
- Manhole
- Maximum
C1-1 (5)
- 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$ 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 s.urface, with or without
separate base material.
3. Brick, with or without separate base material.
4. Concrete, with or without separate base material.
5. Any combination of the above.
C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley,
roadway or other sur ace is any area except those defined
above for "Paved Streets and Alleys."
C1-1.30 CITY STREETS: A city street is defined as that 3rea
between the right-of-way lines as the street is dedicated.
C1-1.31 ROADWAY:
parallel lines two
(4') feet back of
exists.
The roadway is defined as the area between
(2') feet back of the curb lines or Pour
the average edge oE pavement where no curb
C1-1.32 GRAVEL STREET: A gravel street is any unpaved street
to which has been added one or more applications of gravel or
similar material other than the natural material found on the
street surface before any improvement was made.
C1-1 (6)
SECTION C - GENERAL CONDITIONS
C2-2 INTERPRETATION AND
PREPARATION OF PROPOSAL
SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL
C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with
proposal form, which will contain an itemized list of the
items of work to be done or materials to be furnished and upon
which bid prices are requested. The Proposal form will state
the Bidder's general understanding of the project to be
completed, provide a space for furnishing the amount of bid
security, and state the basis for entering into a formal
contract. The Owner will furnish forms for the Bidder's
"Experience Record," "Equipment Schedule," and "Financial
Statement," all of which must be properly executed and filed
with the Director of the City Water Department one week prior
to the hour for openinQ of bids.
The financial statement required shall have been prepared by
an independent certified public accountant or an independent
public accountant holding a valid permit issued by an
appropriate state licensing agency, and shall have been so
prepared as to reflect the current financial status. This
statement must be current and not more than one (1) year old.
; In the case that a bidding date falls within the time a new
� statement is being prepared, the previous statement shall be
updated by proper verification. Liquid assets in the amount
i% 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 firin
seeking qualification in work of both the same nat�re and
magnitude as that of the project for which bids are to be
received, and such experience must have been on projects
completed not more than five (5) years prior to the date on
which are to be received. The Director of the Water
department shall be sole judge as to the acceptability of
experience for qualification to bid on any Fort Worth Water
Department project.
The prospective bidder shall schedule the equipment he has
available for the project and state that he will rent such
additional equipment as may be required to complete the
project on which he submits a bid.
C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work
and materials to be furnished as may be listed in the proposal
C2-2(1)
forms or other parts of the Contract Documents will be
considered as approximate only and will be used for the
�urpose of comparing bids on a uniform basis. Payment will be
made to the Contractor for only the 3ctual quantities of work
perfor,�ed or materials furnished in strict accordance with the
Contract Documents and Plans. The quantities of work to be
performed and materials to be furnished may be increased or
decreased as hereinafter provided, without in any way
invalidating the unit prices bid or any other requirements of
the Contract Documents.
C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT:
Bidders are advised that the Contract Documents on file with
the Owner shall constitute all of the information which the
Owner will furnish. Al1 additional information and data which
the owner will supply after promulgation of the formal
contract documents shall be issued in the form of written
addenda and shall become part of the Contract Documents just
as though such addenda were actually written into the original
Contract Documents.
Bidders are required, prior to the filing of proposal, to read
and become familiar with the Contract Documents, to visit the
site of the project and examine carefully all local
conditions, to inform themselves by their own independent
research and investigations, tests, boring, and by such other
means as may be necessary to gain a complete knowledge of thz
conditions which will be encountered during the construction
of the project. They must judge for themselves the
difficulties of the work and all attending circumstances
affecting the cost of doing the work or the time requi�ed f or
its completion, and obtain all information required to make an
intelligent proposal. No information given by the Owner or
any representative of the Owner other than that contained in
the Contract Documents and officially promulgated addenda
thereto, shall be binding upon the Owner. Bidders shall rely
exclusively and solely upon their own estimates,
investigation, research, tests, explorations, and other data
which are necessary for full and complete information upon
which the proposal is to be based. It is mutually agreed that
the submission of a proposal is prima-facie evidence that the
bidder has made the investigations, examinations and tests
herein required. Claims for additional compensation due to
variations between conditions actually encountered in
construction and as indicated in the Contract Documents will
not be allowed.
The logs of Soil Borings, if any, showing on the plans are for
general information only and may not be correct. Neither the
C2-2(2)
Owner nor the Engineer guarantee that the data shown is
representative of conditions which actually exist.
C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his
Proposal on the form furnished by the Owner. All blank spaces
applicable to the project contained in the form shall be
correctly filled in and the Bidder shall state the prices,
written in ink in both words and numerals, for which he
proposes to do the work contemplated or furnishe the materials
required. All such prices shall be written legibly. In case
of discrepancy between the price written in words and the
price written in numerals, the price most advantageous to the
City shall govern.
If a proposal is submitted by an individual, his or her name
must be signed by him (her) or his (her) duly authorized agent.
If a proposal is submitted by a firm, association, or
partnership, the name and address of each member must be
given, and the proposal must be signed by a member of the
firm, association, or partnership, or by a person duly
authorized. If a proposal is submitted by a company or
corporation, the company or corporate name and business
address must be given, and the proposal signed by an official
or duly authorized agent. The corporate seal must be affixed.
Power of Attorney authorizing agents or others to sign
proposal must be properly certified and must be in writing and
submitted with the proposal.
C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if
they show any alteration of words or figures, additions not
called for, conditional or uncalled for alternate bids,
incomplete bids, erasures, or irregularities of any kind, or
contain unbalance value of any items. Proposal tendered or
delivered af ter the official time designated for receipt of
proposal shall be returned to the Bidder unopened.
;
C2-2.6 BID SECURITY: No proposal will be considered unless it
is accompanied by a"Proposal Security" of the character and
," in the amount indicated in the "Notice to Bidders" and the
"Proposal." The Bid Security is required by the Owner as
evidence of good faith on the part of the Bidder, and by way
of a guaranty that if awarded the contract, the Bidder will
within the required time execute a formal contract and furnish
the required performance and other bonds. The bid security of
the three lowest bidders will be retained until the contract
is awarded or other.disposition is made thereof. The bid
security of all other bidders may be returned promptly after
the canvass of bids.
C2-2(3)
C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered
unless it is delivered, accompanied by its proper Bid
Security, to the City Manager or his representative in the
official place of business as set forth in the "Notice to
Bidders." It is the Bidder's sole responsibility to deliver
the proposal at the proper time to the proper place. The mere
fact that a proposal was dispatched will not be considered.
The Bidd�r must have the proposal actually delivered. Each
proposal shall be in a sealed envelope plainly marked with the.
word "PROPOSAL," and the name or description of the project as
designated in the "Notice to Bidders." The envelope shall be
addressed to the City Manager, City Hall, Fort Worth, Texas.
C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with
the City Manager cannot be withdrawn prior to the time set for
opening proposals. A request for non-consideration of a
proposal must be made in writing, addressed to the City
Manager, and filed with him prior to the time set for the
opening of proposals. After all proposals not requested for
non-consideration are opened and publicly read aloud, the
proposals for which non-consideration requests have been
properly filed may, at the option of the Owner, be returned
unopened.
C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may
modify his proDosal by telegraphic communication at any time
prior to the time set for opening proposals, provided such
telegraphic communication is received by the City Manager
prior to the said proposal opening time, and provided further,
that the City Manager is satisfied that a written and duly
authenticated confirmation of such telegraphic communication
over the signature of the bidder was mailed prior to the
proposal opening time. If such confirmation is not received
within forty-eight (48) hours after the proposal opening time,
no further consideration will be given to the proposal.
C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been
properly filed and for which no "Non-cansideration Request"
has been received will be publicly opened and re3d aloud by
the �ity Manager or his authorize3 representative at the time
and place indicated in the "Notice to Bidders." Al1 proposals
which have been opened and read will remain on file with the
Owner until the contract has been awarded. 8idders or their
authorized representatives are invited to be present for the
opening of bids.
C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as
being "Irregular" if they show any omissions, alterations of
form, additions, or conditions not called for, unauthorized
alternate bids, or irregularities of any kind. However, the
C2-2(4)
Owner reserves the right to waive any and all irregularities
and to make the award of the contract to the best interest of
the City. Tendering a proposal after the closing hour is an
irregularity which cannot be waived.
C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be
disqualified and their proposals not considered for any of,
but not limited to, the following reason:
a. Reasons for believing that collusion exists among
bidders.
b. Reasonable grounds for believing that any bidder is
interested in more than one proposal for work
contemplated.
c. The bidder being interested in any litigation
against the Owner or where the Owner may have a
claim against or be engaged in litigation against
the bidder.
� d. The bidder being in arrears on any existing contract
j or having defaulted on a previous contract.
e. The bidder having performed a prior contract in an
�' unsatisfactory manner.
f. Lack of competency as revealed by the financial
statement, experience record, equipment schedule,
and such inquiries as the Owner may see fit to make.
g. Uncompleted work which, in the judgment of the
Owner, will prevent or hinder the prompt completion
of additional work if awarded.
� h. The bidder not filing with the Owner, one week in
� advance of the hour of the opening of proposals the
following:
1. Financial Statement showing the financial
condition of the bidder as specified in Part
"A" - Special Instructions.
2. A current experience record showing especially
the projects of a nature similar to the one
under consideration, which have been
successfully completed by the Bidder.
3. An equipment schedule showing the equipment
the bidder has available for use on the
project.
The Bid Proposal of a bidder who, in the judgment of the
Engineer, is disqualified under the requirements stated
herein, shall be set aside and not opened.
C2-2(5)
PART C - GENERAL CONDITIONS
C3-3 AWARD AND EXECUTION OF
DOCUMENTS
SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS:
C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been
opened and read aloud, the proposals wil.l be tabulated on the
basis of the quoted prices, the quantities shown in the
proposal, and the application of such formulas or other
methods of bringing items to a common basis as may be
established in the Contract Documents.
The total obtained by taking the sum of the products of unit
prices quoted and the estimated quantities plus any lump sum
items and such other quoted amounts as may enter into the cost
of the completed project will be considered as the amount of
the bid.
Until the award of the contract is made by the Owner, the
right will be reserved to reject any or all proposals and
waive technicalities, to re-advertise for new proposals, or to
proceed with the work in any manner as maybe considered for
the best interest of the Owner.
C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS
ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner,
upon request, complete and accurate information regarding
actual work performed by a Minority Business Enterprise (MBE)
and or a a Woman-owned Business Enterprise (WBE) on the
contract and the payment therefor. Contractor further agrees,
upon request by Owner, to allow and audit and/or an
examination of any books, records, or files in the possession
of Contractor that will substantiate the actual work performed
by the MBE or WBE. Any material misrepresentation of any
nature will be grounds for termination of the contract and for
initiating any action under appropriate fe�3era1, state or
local laws and ordinances relating to false statements;
further, any such misrepresentation may be grounds for
disqualification of Contractor at Owner's discretion for
bidding on future Contracts with the Owner for a period of
time of not less than six (6) months.
C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall
comply with Current City Ordinance prohibiting discrimination
in employment practices.
C3-3 (1)
The Contractor shall post the required notice to that effect
on the project site, and, at his request, will be provided
assistance by the City of Fort Worth's Equal Employment
Officer who will refer any qualified applicant he may have on
file in his office to the Contractor. Appropriate notices may
be acquired from the Equal Employment Officer.
C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been
read by the Owner it cannot be withdrawn by the Bidder within
forty-five (45) days after the date on which the proposals
were opened.
C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to
withholdfinal action on the proposals for a reasonable time,
not to exceed forty-five (45) days after the date of opening
proposals, and in no event will an award be made until after
investigations have been made as to the responsibility of the
proposed awardee...
The award of the contract, if an award is made, will be to the
lowest and best responsible bidder.
The award of the contract shall not become effective until the
Owner has notified the Contractor in writing of such award.
C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed
price totals have been determined for comparison of bids, the
Owner may, at its discretion, return the proposal security
which accompanied the proposals which, in its judgment, would
not be considered for the award. Al1 other proposal
securities, usually those of the three lowest bidders, will be
retained by the Owner until the required contract has been
executed and bond furnished or the Owner has otherwise
disposed of the bids, after which they will be returned by the
City Secretary.
C3-3.7 BONDS: With the execution and delivery of the Contract
Documents, the Contractor shall furnish to, and file with the
Owner in the amounts herein required, the following bonds:
a. PERFORMANCE BOND: A good and sufficient
performance bond in an amount not less than 100
percent of the amount of the contract, as evidenced
by the proposal tabulation or otherwise,
guaranteeing the full and faithful execution of the
work and performance of the contract, and for the
protection of the Owner and all other persons
against damage by reason of negligence of the
Contractor, or improper execution of the work or
the use of inf�rior materials. This performance
C3-3 (2)
bond shall guarantee the payment for all labor,
materials, equipment, supplies, and services used
in the construction of the work, and shall remain
in full force and effect until provisions as above
stipulated are accomplished and final payment is
made on the project by the City.
b. MAINTENANCE BOND: A good and sufficient
maintenance bond, in the amount of not less than
100 percent of the amount of the contract, as
evidenced by the proposal tabulation or otherwise,
guaranteeing the prompt, full and faithful
performance of the general guaranty which is set
forth in paragraph C8-8.10.
c. PAYMENT BOND: A.good and sufficient payment bond,
in an amount not less than 100 percent of the
amount of the contract, as evidenced by the
proposal tabulation or otherwise, guaranteeing the
prompt, full and faithful payment of all claimants
as defined in Article 5160, Revised Civil Statutes
of Texas, 1925, as amended by House Bill 344 Acts
56th Legislature, Regular Session, 1959, effective
April 27, 1959, and/or the latest version thereof,
supplying labor and materials in the prosecution of
the work provided for in the contract being
constructed under these specifications. Payment
Bond shall remain in force until all payments as
above stipulated are made.
d. OTHER BONDS: Such other bonds as may be required
by these Contract Documents shall be furnished by
the Contractor.
No sureties will be accepted by the Owner which are at the
time in default or delinquent on any bonds or which are
interested in any litigation against the owner. All bonds
shall be made on the forms furnished by the Owner and shall be
executed by an approved surety company doing business in the
City of Fort Worth, Texas, and which is acceptable to the
owner. In order to be acceptable, the name of the surety
shall be included on the current U.S. Treasury list of
acceptable sureties, and the amount of bond written by any one
acceptable company shall not exceed the amount shown on the
Treasury list for that company. Each bond shall be properly
executed by both the Contractor and Surety Company.
Should any surety on the contract be determined unsatisfactory
at any time by the Owner, notice will be given the Contractor
to that effect and the Contractor shall immediately provide a
C3-3 (3)
new surety satisfactory to the Owner. No payment will be made
under the contract until the new surety or sureties, as
required, have qualified ahd have been accepted by the Owner.
The contract shall not be operative nor will any payments be
due or paid until approval of the bonds by the Owner.
C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the
Owner has by appropriate resolution, or otherwise, awarded the
contract, the Contractor shall execute and file with the Owner
the Contract and such bonds as may be required in the Contract
Documents.
No contract shall be binding upon the owner until it has been
attested by the City Secretary, approved as to form and
legality by the City Attorney, and executed for the Owner by
either the Mayor or City Manager.
C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the
Awardee to execute the required bond or bonds or to sign the
required contract within ten (10) days after the contract is
awarded shall be considered by the Owner as an abandonment of
his proposal, and the Owner may annul the Award. By reason of
the uncertainty of the market prices of material and labor,
and it being impracticable and difficult to accurately
determine the amount of damages occuring to the Owner by
reason of said awardee's failure to execute said bonds and
contract within ten (10) days, the proposal security
accompanying the proposal shall be the agreed amount of
damages which Owner will suffer by reason of such failure on
the part of the Awardee and shall thereupon immediately be
forfeited to the Owner.
The filing of a proposal will be considered as an acceptance
of this provision by the Bidder.
C3-3.10 BEGINNING WORK: The Contractor shall not commence
work until authorized in writing to do so by the Owner.
Should the Contractor fail to commence work at the site of the
project within the time stipulated in the written
authorization usually termed the "Work Order" or "Proceed
Order", it is agreed that the Surety Company will, within ten
(10) days after the commencement date set forth in such
written authorization, commence the physical execution of the
contract.
C3-3.11 INSURANCE: The Contractor shall not commence work
under this contract until he has obtained all the insurance
required under the Contract Documents, and such insurance has
been approved by the Owner. The prime Contractor shall be
responsible for delivering to the Owner the sub-contractors'
C3-3 (4)
certificate of insurance for approval. The prime contractor
shall indicate on the certificate of insurance included in thP
documents for execution whether or not his insurance covers
sub-contractors. It is the intention of the Owner that the
insurance coverage required herein shall include the coverage
of all sub-contractors.
a. COMPENSATION INSURANCE: The Contractor shall
maintain, during the life of this contract,
Workers' Compensation Insurance on all of his
employees to be engaged in work on the project
under this contract, and for all sub-contractors.
In case any class of employees engaged in hazardous
work on the project under this contract is not
protected under the Workers' Compensation Statute,
the Contractor shall provide adequate employer's
general liability insurance for the protection of
such of his employees not so protected.
b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The
Contractor shall procure and shall maintain during
the life of this contract Contr.actor's
Comprehensive General Liability Insurance (Public
Liability and Property Damage Insurance) in an
amount not less than $500,000 covering each
occurrence on account of bodily injury,.including
death, and in an amount not less than $500,000
covering each occurrence on account of property
damage with $2,000,000 umbrella policy coverage.
c. ADDITIONAL LIABILITY: The Contractor shall
furnish insurance as separate policies or by
additional endorsement to one of the
above-mentioned policies, and in the amount as set
forth for public liability and property damage, the
following insurance:
1. Contingent Liability (covers:General
Contractor's Liability for acts of
sub-contractors).
2. Blasting, prior-to any blasting being-.done.
3. Collapse of buildings or structures adjacent
to excavation (if excavations are to be
performed adjacent to same).
4. Damage to underground utilities for $500,000.
C3-3 (5)
5. Builder's risk (where above-Qround 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, an3 also against any of the following special
hazards which may be encountered in the performance
of the Contract.
f. PROOF OF CARRIAGE OF INSURANCE: The Contractor
shall furnish the Owner with satisfactory proof of
covera�e by insurance required in these Contract
Documents in amounts and by carriers satisfactory
to the Owner. (Sample attached.) All insurance
requirements made upon the �ontractor shall apply
to the sub-contractor, should the Prime
Contractor's insurance not cover the
sub-contractor's work operations.
g. LOCAL AGENT FOR INSURANCE AND BONDING: The
insurance and bonding companies with whom the
Contractor's insurance and performance, payment,
maintenance and all such other bonds are written
shall be represented by an agent or agents having
an office located within the city limits of the
C3-3 (6)
City of Fort Worth, Tarrant County, Texas. Each
such agent shall be a diily qualified, one upon whom
service of process may be had, and must have
authority and power to act on behalf of the
insurance and/or bonding company to negotiate and
settle with the City of Fort Worth, or any other
claimant, any claims that the City of Fort Worth or
other claimant or any property owner who has been
damaged, may have against the Contractor,
insurance, and/or bonding company. If the local
insurance representative is not so empowered by the
insurance or bonding companies, then such authority
must be vested in a local agent or claims officer
residing in the Metroplex, the Fort Worth-DallaS
area. The name of the agent or agents shall be set
forth on all oF such bonds and certificates of
insurance.
C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the
Contractor shall pay for all materials, labor and services
when due.
C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll
covering payment of wages to all person engaged in work on the
project at the site of the project shall be furnished to the
Owner's representative within seven (7) days after the close
of each payroll period. A copy or copies of the applicable
minimum wage rates as set forth in the Contract Documents
shall be kept posted in a conspicuous place at the site of the
project at all times during the course of the Contract.
Copies of the wage rates will be furnished the Contractor, by
the Owner; however, posting and protection of the wage rates
shall be the responsibility of the Contractor.
C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor,
whether a p�rson, p�rsons, partnershin, company, firm,
association, corporation or other who is approved to do
business with and enters into a contract with the �ity 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 dele�ate his Project �uperintendent) with full
authority to transact all business actions required in the
oerfo�mance of the Contract. This local authority shall be
made responsible to act for the Contractor in all matters
pertaining to the work governed by the Contract whether it be
administrative or otherwise and as such shall be empowered,
thus delegated and dir�cted, to settle all material, labor or
other expenditures, all claims against the work or any other
C3-3 (7)
matter associated such as maintaining adequate an3 appropriate
insurance or security coverage f�r the project. Such local
authority for administration of the work under the, Contract
shall be maintained until all business transactions executed
as part of the Contract are completP.
Should the Contractor's principal base of operations be other
than in the Fort Worth-Dallas metropolitan area, notification
of the Contractor's assignment of local authority shall be
made in writing to the Engineer in advance of any work on the
project, all appropriately signed and sealed, as applicable,
by the Contractor's responsible officers with the
understanding that this written assignment of authority to a
local representative shall become part of the project Contract
as though bound directly into the project documents. The
intent of these requirements is that all matters associated
with the Contractor's administration, whether it be oriented
in furthering the work, or other, be governed direct by local
auth�rity. This same requirement is imposed on insurance and
surety coverage. Should the Contractor's local representative
Pail to perform.to the satisfaction of Engineer, the Engineer,
at his sole discretion, may demand that such local
representative be replaced and the Engineer may, at his sole
discretion, stop all work until a new local authority
satisfactory to the Engineer is assigned. No credit of
working time will be for periods in which work stoppages are
in effect for this reason.
C3-3.15 VENUE: Venue of any action hereinunder shall be
exclusively in Tarrant County, Texas.
C3-3 (8)
PART C - GENERAL CONDI'rIONS
C4-4 SCOPE OF WORK
SECTION C4-4 SCOPE OF WORK
C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite
intention of these Contract Documents to provide for a
complete, useful project which the Contractor undertakes to
construct or furnish, all in full compliance with the
requirements and intent of the Contract Documents. It is
definitely understood that the Contractor shall do all work as
provided for in the Contract Documents, shall do all extra or
special work as may be considered by the Owner as necessary to
complete the project in a satisfactory and acceptable manner.
The Contractor shall, unless otherwise specifically stated in
these Contract Documents, furnish all labor, tools, materials,
machinery, equipment, special services, and incidentals
necessary to the prosecution and completion of the project.
C4-4.2 SPECIAL PROVISIONS: Should any work or conditions
which are not thoroughly and satisfactorily stipulated or
covered by General or Special Conditions of these Contract
Documents be anticipated, or should there be any additional
proposed work which is not covered by these Contract
Documents, then "Special Provisions" covering all such work
will be prepared by the Owner previous to the time of
receiving bids or proposals for such work and furnished to the
Bidder in the form of Addenda. Al1 such "Special Provisions"
shall be considered to be a part of the Contract Documents
just as though they were originally written therein.
C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves
the right to alter the quantities of the work to be performed
or to extend or shorten the improvements at any time when and
as found to be necessary, and the Contractor shall perform the
work as altered, increased or decreased at the unit prices.
Such increased or decreased quantity shall not be more than 25
percent of the contemplated quantity of such item or items.
When such changes increase or decrease the original quantity
of any item or items of work to be done or materials to be
furnished by the 25 percent or more, then either party to the
contract shall upon written request to the other party be
entitled to a revised consideration upon that portion of the
work above or below the 25 percent of the original quantity
stated in the proposal; such revised consideration to be
determined by special agreement or as hereinafter provided for
"Extra Work." No allowance will be made for any changes in
anticipated profits nor shall such changes be considered as
C4-4 (1)
waiving or invalidating any conditions or provisions of the
Contract Documents.
Variations in quantities of sanitary sewer pipes in depth
categories, shall be interpr�ted herein as 3pplying to the
overall quantities or sanitary sewer pipe in each pipe size,
but not to the various depth categories.
C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the
Owner reserves the right to make such changes in the Contrac�
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
naturA of the project as a whole. Such changes shall not be
considere3 as waiving or invalidating any condition or
provision of the Contract Documents.
C4-4.5 EXTRA WORK: Additional work made necessary by changes
and alterations of the Contract Documents or of quantities or
for other reasons f�r which no prices ar� provided in the
Contract Documents, shall be defined as "Extra Work" and shall
be performed by the Contractor in accordance with these
Contract Documents or approved additions thereto; provided,
however, that before any extra work is begun a"Change O.rder"
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 ex�ra 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 a5 determined by the �wner, plus a fixed
fee to be agreed upon but not to exceed 10$ of the
actual cost of such extra work. The fixed f�e is
not to include any additional profit to the
Contractor for rental of equipment owned by him and
used for the extra work. The fee shall be full and
complete compensation to cover the cost of
sup?rintendence, overhead, other profit, gen�ral
and all other expense not included in (1), (2),
(3), and (4) above. The Contracto.r shall keep
accurate cost records on the form and in the method
C4-4 (2)
suggested by the Owner and shall give the Owner
access to all accounts, bills, vouchers, and
records relating to the Extra Work.
No "Change Order" shall become effective until it has been
approved and signed by each of the Contracting parties.
No claim for Extra Work oF any kind will be allowed unless
ordered in writing by the Owner. In case any ord�rs or
instructions, either oral or written, appear to the Contractor
to involve Extra Work for which he should receive
compensation, he shall make written request to the Engineer
For written orders authorizing such Extra Work, prior to
beginning such work.
Should a difference arise as to what does or does not
constitute Extra Work, or as to the payment thereof, and the
Engineer insists upon its performance, the Contractor shall
proceed with the work after making written request for written
orders and shall keep an accurate account of the actual
reasonable cost thereof as provided under method (Item C).
Claims for extra work will not be paid unless the Contractor
shall file his claim with the Owner within five (5) days
before the time for making the first estimat� after such work
is done and unless the claim is supported by satisFactory
vouchers and certified payrolls covering all labor and
materials expended upon the said Extra Work.
The Contractor shall furnish the Owner such installation
records of all deviations from the original Contract Documents
as may be necessary to enable the Owner to prepar� for
permanent record a corrected set of plans showing the actual
installation.
The compensation agreed upon for 'extra work' whether or not
iniitiated by a'change order' shall be a full, complete and
final payment For all costs Contractor incurs as a r�sult or
rPlating to the change or extra work, wh�ther said costs are
known, unknown, foreseen or unforeseen at that time, includi�g
without limitation, any costs for delay, extended overhead,
ripple or impact cost, or any other effect on changed or
unchanged work as 3 result or the changP or extra work.
C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work
under this contract, the Contractor shall submit to the Ownar
and receive the Owner's approval ther�of, a"Schedule of
Operations," showing by a straight line method the date of
commencing and finishing each of the major elements oF the
coat.ract. Tnere shall be also shown the estimated monthly
cost of work for which estimates ar� to be expectzd. Ther�
�4-4 (3)
shall be presented also a composite graph showing the
anticioated progress of construction with the time being
_:lotted horizontally and the percentage of com�letion plotted
�ertically. The progress charts shall be prepared on 8-1/2" x
11" sheets and at least five black or blue line prints shall
be furnished to the Owner.
C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT
FACILITIES: Within ten (10) days prior to submission of
first monthly progress payment, the Contractor shall
prepare and submit to the Owner for approval six copies of
the schedule in which the Contractor proposes to carry on
the work, the date of which he will start the several major
activities (including procurement of materials, plans, and
equipment) and the contemplated dates for completing the
same. The schedule shall be in the form of a time schedule
Critical Path Method (CPM) network diagram. As the work
progresses, the Contractor shall enter on the dia3ram the
actual progress at the end of each partial payment period
or at such intervals as directed by the Engineer. The
Contractor shall also revise the schedule to reflect any
adjustments in contr3ct time approved by the Engineer.
Three copies of the updated schedule shall be delivered at
such iatervals as directed by the Owner.
As a minimum, the construction schedule shall incorporate
all work elements and activities indicated in the proposal
and in the technical specifications.
Prior to the final drafting of the detailed construction
schedule, the Contractor shall review the draft schedule
with the Engineer to ensure the Contractor's understanding
of the contract requirPments.
The following guidelines shall be adhered to in preparing
the construction schedule:
a. Milestone dates and final project completion
dates shall be developed to conform to time
constraiats, sequencing requirements and
completion time.
b. The construction process shall be divided into
activities with time durations of aporoximately
f ourteen (14) days and construction values not to
exceed $50,000. Fabrication, delivery and
submittal activities ara exceptions to this
guideline.
C4-4 (4)
c. Aurations shall be in calendar days and normal
holidays an3 weather conditions over the duration
oF the contract shall be accounted for within the
duration of each activity.
d. One critical path shall be shown on the
construction schedule.
e. Float time is defined as the amount of time
between the earliest start 3ate and the latest
start date of a chain of activities of the CPM
construction schedule. Float time is not for the
exclusive use or benefit of either the Contractor
or the Owner.
f. Thirty days shall be used for submittal .review
,' unless otherwise specified.
The construction schedule shall as a minimum be divided
into gene.ral categories as indicated in the Proposal and
Technical Specifications and each general category shall be
broken down into activities in enough detail to achieve
activities of approximately fourteen (14) days duration.
For each general category, the construction schedule shall
identify all trades or subcontracts whose work is
represented by activities that follow the guidelines of
� this Section.
F
,
For each of the trades or subcontracts, the construction
schedule shall indicate the following procurements,
construction and preacceptance activities and events in
their logical sequence for equipment and mat�rials.
1. Preparation and transmittal of submittals.
2. Submittal .review periods.
3. Shop fa�rication and delivery.
4. Erzction or installation.
5. Transmittal of manufacturer's operation and
maintenance instructi�ns.
6. Installed equipment and mat�rials testing.
7. Owner's operator instruction (if applicable).
8. Final inspection.
C4-4 (5)
9. Operati4nal testing.
10. Final inspection.
If, in the opinion of the �wner, work accomplished falls
behind that scheduled, the Contractor shall take such
action as necessary to improve his progress. In addition,
tlze Owner may require the Contractor to submit a revised
schedule demonstrating his program and proposed plan to
make up lag in scheduled progress and to insure compl�tion
of the work within the contract time. If the Owner finds
the oroposed plan not acceptable, he may require thP
Contractor to increas� the work force, the construction
plant and equipment, the number of work shifts or the
�vertime operations without additional cost to the Owner.
Failure of the Contractor to comply with these r�quirPments
shall be considered grounds for determination by tl�e Owner
that the Contractor is failing to prosecute the work with
such diligence as will insure its completion within the
time specified.
�4-4 (6)
FART C - GENERAL CONDITIONS
CS-5 CONTROL OF WORK AND
MATERIALS
SECTION C5-5 CONTROL OF WORK AND MATERIALS
C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to
the satisfaction of the Engineer and in strict compliance with
the Contract Documents. He shall decide all questions which
arise as to the quality and acceptability of materials
furnished, work performed, rate of progress of the work,
overall sequence of the construction, interpretation of the
Contract Documents, acceptable fulfillment of the contract,
compensation, mutual rights between Contractor and Owner under
these Contract Documents, supervision of the work, resumption
of operations, and all other questions or disputes which may
arise. Engineer will not be responsible for Contractor's
means, methods, techniques, sequences or procedures of
construction, or the safety precaution and programs incident
thereto, and he will not be responsible for Contractor's
failure to perform the work in accordance with the contract
documents.
He shall determine the amount and quality of the work
completed and materials furnished, and his decisions and
estimates shall be final. His estimates in such event shall
be a condition to the right of the Contractor to receive money
due him under the Contract. The Owner shall have executive
authority to enforce and make effective such necessary
decisions and orders as the Contractor fails to carry out
promptly.
In the event of any dispute between the Engineer and
Contractor over the decision of the Engineer on any such
matters, the Engineer must, within a reasonable time, upon
written request of the Contractor, rendzr and deliver to both
the Owner and Contractor, a written decision on the matter in
controversy.�
C5-5.2 CONFORMITY WITH PLANS: The finished project in all
cases shall conform with lines, grades, cross-sections,
finish, and dimensions shown on the plans or any other
requirements otherwise described in the Contract Documents.
Any deviation from the approved Contract Documents required by
the Engineer during construction will in all cases be
determined by the Engineer and authorized by the Owner by
Change Order.
C5-5 (1)
C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract
Documents are made up of several sections, which, taken
together, are intended to describe and provide for a complete
and useful project, and any requirements appearing in one of
the sections is as binding as though it occurred in all
sections. In case of discrepancies, figured dimension shall
govern over scaled dimensions, plans shall govern over
specifications, special conditions shall govern over general
conditions and standard specifications, and quantities shown
on the plans shall govern over those shown in the proposal.
The Contractor shall not take advantage of any appar�nt error
or omission in the Contract Documents, and the Owner shall be
permitted to make such corrections or interpretations as may
be deemed necessary for the fulfillment of the intent of the
Contract Documents. In the event the Contractor discovers an
apparent error or discrepancy, he shall immediately call this
condition to the attention of the Engineer. In the event of a
conflict in the drawings, specifications, or other portions of
the Contract Documents which were not reported prior to the
award of Contract, the Contractor shall be deemed to have
quoted the most expensive resolution of the conflict.
C5-5.4 COOPERATION OF CONTRACTOR: The Contr�ctor will be
furnished with three sets of the Contract Documents and shall
have available on the site of the project at all times one set
of such Contract Documents.
The Contract shall give to the work the constant attention
necessary to facilitate the progress thereof and shall
cooperate with the Engineer, his inspector, and other
Contractors in every possible way.
The Contractor shall at all times have competent personnel
available to the project site for proper performance of the
work. The Contractor shall provide and maintain at all times
at the site of the project a competent, English-speaking
superintendent and an assistant who are fully authorized to
act as the Contractor's agent on the work. Such
superintend�nt and his assistant shall be capable of reading
and understanding the Contract Documents and shall receive and
fulfill instructions from the Owner, the Engineer, or his
authorized representatives. Pursuant to this responsibility
of the Contractor, the Contractor shall designate in writing
to the project superintendent, to act as the �ontractor's
agent on the work. Such assistant project superintendent
shall be a resident of Tarrant County, Texas and shall be
subject to call, as is the project Superintendent, at any time
of the day or night on any day of the week on which the
Engineer determines that circumstances require the presence on
the project site of a representative of the Contractor to
C5-5 (2)
�'
adequately provide for the safety or convenience of the
traveling public or the owners of property across which the
project extends or the safety of property contiguous to the
project routing.
The Contractor shall provide all facilities to enable the
Engineer and his inspector to examine and inspect the
workmanship and materials entering into the work.
C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the
opinion of the Owner or Engineer, a condition of emergency
exists related to any part of the work, the Contractor, or the
Contractor through his designated representative, shall
respond with dispatch to a verbal request made by the Owner or
Engineer to alleviate the emergency condition. Such a
response shall occur day or night, whether the project is
scheduled on a calendar-day or on a working-day basis.
Should the Contractor fail to respond to a request from the
Engineer to rectify any discrepancies, omissions, or
corrections necessary to conform with the requirements of the
project specifications or plans, the Engineer shall give the
Contractor written notice that such work or changes are to be
performed. The written notice shall direct attention to the
discrepant condition and request the Contractor to take
remedial action to correct the condition. In the event the
Contractor does not take positive steps to fulfill this
written request, or does not show just cause for not taking
the proper action, within 24 hours, the City may take such
remedial action with City forces or by contract. The City
shall then deduct an amount equal to the entire costs for such
remedial action, plus 25$, from any funds due the Contractor
on the project.
C5-5.6 FIELD OFFICE: The Contractor shall provide, at no
extra compensation, an adequate field off�ice for use of the
Engineer, if specifically called for. The field office shall
be not less than 10 by 14 feet in flo�r area, substantially
constructed,, well heated, air conditioned, lighted, and
weather-proof, so that documents will not be damaged by the
elements.
C5-5.7 CONSTRUCTION STARES: The City, through its Engineer,
will furnish the Contractor with all lines, grades, and
measurements necessary to the proper prosecution and contr�l
of the work contracted for under these Contract Documents, and
lines, grades and measurements will be established by meaos of
stakes or other customary method of marking as may be found
consistent with good practice.
CS-5 (3)
These stakes or markings shall be set sufficiently in advance
of construction operations to avoid delay. Such stakes or
markings as may be established for the Contractor's use or
guidance shall be preserved by the Contractor until he is
authorized by the Engineer to remove them. Whenever, in the
opinion of the Engineer, any stakes or markings hav� been
carelessly or willfully destroyed, disturbed, or removed by
the Contractor or any of his employees, the full cost of
replacing such stakes or marks plus 25$ will be charged
against the Contractor, and the full amount will be deducted
from payment due the Contractor.
CS-5.8 AUTHORITY AND DUTIES OF CITY INSPECTORS: City
Inspectors will be authorized to inspect all work done and to
be done and all materials furnished. Such inspection may
extend to all or any part of the work, and the preparation or
manufacturing of the materials to be used or equipment to be
installed. A City Inspector may be stationed on the work to
report to the Engineer as to the progress of the work and the
manner in which it is being performed, to report any evidence
that the materials being furnished or the work being performed
by the Contractor fails to fulfill the requirements of the
Contract Documents, and to call the attention of the
Contractor to any such failure or other infringements. Such
inspection or lack of inspection will not relieve the
Contractor from any obligation to perform the work in
accordance with the requirements of the Contract Documents.
In case �f any dispute arising between the Contractor and the
City Inspector as to the materials or equipment furnished or
the manner of performing the work, the City Inspector will
have authority to reject materials or equipment to suspend
work until the question at issue can be referred to and be
decided by the Engineer. The City Inspector will not,
however, be authorized to revoke, alter, enlarge, or release
any requirement of these Contract Documents, nor to approve or
accept any portion or section of the work, nor to issue any
instructions contrary to the requirements of the Contract
Documents. He will in no case act as superintendent or
foreman or,perform any other duties for the Contractor, or
interfere with the management or operation of the work. He
will not accept from the Contractor any compensation in any
form for performing any duties. The Contractor shall regard
and obey the directions and instructions of the City Inspector
or Engineer when the same are consistent with the obligations
of the Contract Documents, provided, however, should the
Contractor object to any orders or instructions of the City
Inspector, the Contractor may within six days make written
appeal to the Engineer for his decision on the matter in
controversy.
C5-5 (4)
C5-5.9 INSPECTION: The Contr3ctor shall furnish the Engineer
with every reasonable facility for ascertaining whether or not
the work as performed is in accordance with the requirements
of the Contract Documents. If� the Engineer so requests, the
Contractor shall, at any time before acceptance of the work,
remove or uncover such portion of the finished work as may be
directed. After examination, the Contractor shall restore
said portions of the work to the standard required by the
Contract Documents.
Should the work exposed or examined prove acceptable, the
uncovering or removing and replacing of the covering or making
good of the parts removed shall be paid for as extra work, but
should be work so exposed or examined prove to be
unacceptable, the uncovering or removing and the replacing of
all adjacent defective or damaged parts shall be at the
Contractor's expense. No work shall be done or materials used
without suitable supervision or inspection.
C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: Al1 work,
materials, or equipment which has been rejected shall be
remedied or removed and replaced in an acceptable manner by
the Contractor at his own expense. Work done beyond the lines
and grades given or as shown on the plans, except as herein
specifically provided, or any Extra Work done without written
authority, will be considered as unauthorized and done at the
expense of the Contractor and will not be paid for by the
Owner. Work so done may be ordered removed at the
Contractor's expense. Upon the failure on the part of the
Contractor to comply with any order of the Engineer made under
the provisions of this paragraph, the Engineer will have the
authority to cause defective work to be remedied or removed
and replaced and unauthorized work to be removed, and the cost
thereof may be deducted from any money due or to become due to
the Contractor. Failure to require the removal of any
def ective or unauthorized work shall not constitute acceptance
of such works.
CS-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the
Specifications, law, ordinance, codes or regulations permit
Contractor to furnish or use a substitute that is equal to any
material or equipment specified, and if Contractor wishes to
� furnish or use a proposed substitute, he shall, prior to the
pr�construction conference, make written application to
ENGINEER for approval of such substitute certifying in writing
that the proposed substitute will perform adequately the
functions called for by the general design, be similar and of
equal substance to that specified and be suited to the same
use and capable of performing the same function as that
specified; and identifying all variations of the proposed
C5-5 (5)
�ubstitute from that specified and indicating available
maintenance service. No substitute shall be ordered or
installed without the written,approval of Engineer who will be
the judge of the equality and may require Contractor to
furnish such other data about the proposed substitute as he
considers pertinent. No substitute shall be ordered or
installed without such performance guarantee and bonds as
Owner may require which shall be furnished at Contractor's
expense. Contractor shall indemnify and hold harmless Owner
and Engineer and anyone directly or indirectly employed by
either of them from and against the claims, damages, losses
and expenses (including attorneys fees) arising out of the use
of substituted materials or equipment.
C5-5.12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion
of the Engineer, or as called for in the Contract Documents,
tests of materials or equipment are necessary, such tests will
be made at the expense of and paid for direct to the testing
agency by the Owner unless otherwise specifically provided.
The failure of the Owner to make any tests of materials shall
be in no way relieve the Contractor of his responsibility of
furnishing materials and equipment fully conforming to the
requirements of the Contract Documents. Tests and sampling of
materials, unless otherwise specified, will be made in
accordance with the latest methods prescribed by the American
Society for Testing Materials or specific requirements of the
Owner. The Contractor shall provide such facilities as the
Engineer may require for collecting and forwarding samples and
shall not, without specific written permission of the
Engineer, use the materials represented by the samples until
tests have been made and the materials approved for use. The
Contractor will furnish adequate samples without charge to the
Owner. ,
In case of concrete, the aggregates, design minimum, and the
mixing and transporting equipment shall be approved by the
Engineer before any concrete is placed, and the Contactor
shall be responsible for replacing any concrete which does not
meet the requirements of the Contract Documents. Tests shall
be made at least 9 days prior to the placing of concrete,
using samples from the same aggregate, cement, and mortar
which are to be used later in the concrete. Should the source
of supply change, new tests shall be ma3e prior to the use of
the new materials.
C5-5.13 STORAGE OF MATERIALS: All materials which are to be
used in the construction operation shall be stored so as to
insure the preservation of the quality and fitness of the work.
When directed by the Engineer, they shall be placed on wooden
platforms or other hard, clean durable surfaces and not on the
C5-5 (6)
ground, and shall be placed under cover when directed. Stored
materials shall be placed and located so as to facilitate
prompt inspection.
C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and
dime sions shown on the Plans relative to existing utilities
are based on the best information available. Omission from, or
the inclusion of utility locations on the Plans is not to be
considered as the nonexistence of, or a definite location of,
existing underground utilities. The location of many gas
mains, water mains, conduits, sewer lines and service lines
for all utilities, etc., is unknown to the Owner, and the
Owner assumes no responsibility for failure to show any or all
such structures and utilities on the plans or to show them in
their exact location. It is mutually agreed that such failure
will not be considered sufficient basis for claims for
additional compensation for Extra Work or for increasing the
pay quantities in any manner whatsoever, unless an obstruction
encountered is such as to necessitate changes in the lines and
grades of considerable magnitude or requires the building of
special works, provision for which is not made in the Contract
Documents, in which case the provision in these Contract
Documents for Extra Work shall apply.
It shall be the Contractors responsibility to verify locations
of adjacent and/or conflicting utilities sufficiently in
advance of construction in order that he may negotiate such
local adjustments as necessary in the construction process to
provide adequate clearances. The Contractor shall take all
necessary precautions in order to protect all existing
utilities, structures and service lines. Verification of
existing utilities, structures and service lines shall include
notification of all u�ility companies at least forty eight
(48) hours in advance of construction including exploratory
excavation if necessary. All verification of existing
utilities and their adjustment shall be considered as
subsidiary work. •
C5-5.15 INTERRUPTION OF SERVICE:
a. Normal Prosecution: In the normal prosectuion of
work where the interruption of sezvice is necessary,
the Contractor, at least 24 hours in advance, shall
be r�quired to:
1. Notify the Water Department's Distribution
Division as to location, time, and schedule of
service interruption.
C5-5 (7)
2. Notify each customer personall�
responsible personnel as to time and
of the interruption of their service,
through
schedule
or
3. In the event that personal notification of a
customer cannot be made, a prepared tag form
shall be attached to the customer's entrance
door knob. The tag shall be durable in
composition, and in large bol� type shall say:
"NOTICE"
Due to Utility Improvement in
your neighborhood, your (water)
(sewer) service will be inter-
rupted on between
the hours of and .
This inconvenience will be as
short as possible.
Thank you,
Contractor
Address Phone
b. Emergency: In the event that an unforeseen service
interruption occurs, notice shall be as above,but
immediate.
C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through
acts or neglect on the part of the Contractor, any other
Contractor or any sub-contractor shall suffer loss or damage
on the work, the �ontractor agrees to settle with such other
Contractor or sub-contractor by agreement or arbitration. If
such other Contractor or sub-contractor shall assert any claim
against the Owner on account of any damage alleged to have
been sustained, the Owner will notify the Contractor, who
shall indemnify and save harmless the Owner against any such
claim.
C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials
accumulated on the job site during the prosecution of the work
under these Contract Documents shall be accomplished in
keeping with a daily routine established to the the
satisfaction of the Engineer. Twenty-fours fours after
written notice is given to the Contractor that the clean-up on
the job site is proceeding in a manner unsatisfactory to the
Engineer, if the Contractor fails to correct the
C5-5 (8)
unsatisfactory procedure, the City may take such direct action
as the Engineer deems appropriate to correct the clean-up
deficiencies cited to the Contractor in the written notice,
and the costs of such direct action, plus 25$ of such costs,
shall be deducted from monies due or to become due to the
Contractor.
Upon the completion of the project as a whole as covered by
these Contract Documents, and before final acceptance and
final payment will be made, the Contractor shall clean and
remove from the site of the project all surplus and discarded
materials, temporary structures, and debris of every kind. He
shall leave the site of all work in a neat and orderly
condition equal to that which originally existed. Surplus and
waste materials removed from the site of the work shall be
disposed of at locations satisfactory to the Engineer. The
Contractor shall thoroughly clean all equipment and materials
installed by him and shall deliver over such materials and
equipment in a bright, clean, polished and new appearing
condition. No extra compensation will be made to the
Contractor for any clean-up required on the project.
C5-5.18 FINAL INSPECTION: Whenever the work provided for in
and contemplated under the Contract Documents has been
satisfactorily completed and final cleanup performed, the
Engineer will notify the proper officials of the Owner and
request that the Final inspection be ma3e. 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 f inal
inspection of the work.
C5-5 (9)
PART C - GENERAL CONDITIONS
C6-6 LEGAL RELATIONS AND PUBLIC
RESPONSIBILITY
SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times
observe and comply with all Federal and State Laws and City
ordinances and regulations which in any way affect the conduct
of the work or his operations, and shall observe and comply
with all orders, laws, ordinances and regulations which exist
or which may be enacted later by bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or
ignorance thereof will be considered. The Contractor and his
Sureties shall indemnify and save harmless the City and all of
its officers, agents, and employees against any and all claims
or liability arising from or based on the violation of any
such law, ordinance, regulation, or order, whether it be by
himself or his employees.
C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all
permits and licenses, pay all charges, costs and fees, and
give all notices necessary and incident to the due and lawful
prosecution of the work.
C6-6.3 PATENTED DEVICES, MATERIALS AND PROCESSES: If the
Contractor is required or desires to use any design, device,
material, or process covered by letter, patent, or copyright,
he shall provide for such use by suitable legal agreement with
the patentee or owner of such patent, letter, or copyrighted
design. It is mutually agreed and understood that without
exception the contract prices shall include all royalties or
cost arising from patents, trade-marks, and copy rights in any
way involved in the work. The Contractor and his sureties
shall indemnify and save harmless the Owner from any and all
claims for infringement by reason of the use of any such
patented design, device, material or process, or any
trade-mark or copy right in connection with the work agreed to
be performed under these Contract Documents, and shall
indemnif y the Owner for any cost, expense, or damage which it
may be obliged to pay by reason of such infringement at any
time during the prosecution of the work or after completion of
the work, provided, however, that the Owner will assume the
responsibility to defend any and all suits brought for the
infringement of any patent claimed to be infringed upon by the
design, type of construction or material or equipment
specified in the Contract Documents furnished the Contractor
by the Owner, and to hold the Contractor harmless on account
of such suits.
C6-6 (1)
C6-6.4 SANITARY PROVISIONS: The Contractor shall establish
and enforce among his employees such regulations in regard to
cleanliness and disposal of garbage and waste as will tend to
prevent the inception and spread of infectious or contagious
diseases and to effectively prevent the creation of a nuisance
about the work on any property either public or private, and
such regulations as are required by Law shall be put into
immediate force and effect by the Contractor. The necessary
sanitary conveniences for use of laborers on the work,
properly secluded from public observation, shall be
constructed and maintained by the Contractor and their use
shall be strictly enforced by the Contractor. All such
facilities shall be kept in a clean and sanitary condition,
free from objectionable odors so as not to cause a nuisance.
All sanitary laws and regulations of the State of Texas and
the City shall be strictly complied with.
C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment
stored about the work shall be so placed and used, and the
work shall at all times be so conducted, as to cause no
greater obstruction or inconvenience to the public than is
consider.ed to be absolutely necessary by the Engineer. The
Contractor is required to maintain at all times all phases of
his work in such a manner as not to impair the safety or
convenience of the public, including, but not limited to, safe
and convenient ingress and egress to property contiguous to
the work area. The Contractor shall make adequate provisions
to render reasonable ingress and egress for normal vehicular
traffic, except during actual trenching or pipe installation
operations, at all driveway crossings. Such provisions may
include bridging, placement of crushed stone or gravel or such
other means of providing proper ingress and egress for the
property served by the driveway as the Engineer may approve as
appropriate. Such other means may include the diversion of
driveway traffic, with specific approval by the Engineer. If
diversion of traffic is approved by the Engineer at any
location, the Contractor shall make arrangements satisfactory
to the Engineer at any location, the Contractor shall make
arrangements satisfactory to the Engineer for the diversion of
traffic, and shall, at his own expense, provide all materials
and perform all work necessary for the construction and
maintenance of roadways and bridges for such diversion of
traffic. Sidewalks must not be obstructed except by special
permission of the Engineer.
The materials excavated and the construction materials such as
pipe used in the construction of the work shall be placed so
as not to endanger the work or prevent free access to all fire
hydrants, fire alarm boxes, police call boxes, water valves,
C6-6 (2)
gas valves, or manholes in the vicinity. The Owner reserves
the right to remedy any neglect on the part of the Contractor
as regards to public convenience and safety which may come to
its attention, after twenty-four hours notice in writing to
the Contractor, save in cases of emergency when it shall have
the right to remedy any neglect without notice, and in either
case, the cost of such work done or materials furnished by the
Owner or by the City shall be deducted from monies due or to
become due to the Contractor.
The Contractor, after approval of the Engineer, shall notify
the Fire Department Headquarters, Traffic Engineer, and Police
Department, when any street or alley is requested to be closed
or obstructed or any fire hydrant is to be made inaccessible,
and, when so directed by the Engineer, shall keep any street,
streets, or highways in condition for unobstructed use by fire
apparatus. The Contractor shall promptly notify the Fire
Department Headquarters when all such obstructed streets,
alleys, or hydrants are again placed back in service.
Where the Contractor is required to construct temporary
bridges or make other arrangements for crossing over ditches
or streams, his responsibility for accidents in connection
with such crossings shall include the roadway approaches as
well as the structures of such crossings.
The Contractor shall at all times conduct his operation and
the use of construction machinery so as not to damage or
destroy trees and shrubs located in close proximity to or on
the site of the work. Wherever any such damage may be done,
the Contractor shall immediately satisfy all claims of
property owners, and no payment will be made by the Owner in
settlement of such claims. The Contractor shall file with the
Engineer a written statement showing all such claims adjusted.
C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND
RIGHT-OF-WAY: For the performance of the contract, the
Contractor will be permitted to use and o�cupy such portions
of the public streets and alleys, or other public places or
other rights-of-way as provided for in the ordinances of the
City, as shown in the Contract Documents, or as may be
specifically authorized in writing by the Engineer. A
reasonable amount of tools, materials, and equipment for
construction purposes may be stored in such space, but no more
than is necessary to avoid delay in the construction
operations. Excavated and waste materials shall be piled or
stacked in such a way as not to interfere with the use of
spaces that may be designated to be left free and unobstructed
and so as not to inconvenience occupants of adjacent property.
If the street is occupied by railway tracks, the work shall be
C6-6 (3)
carried on in such manner as not to interfere with the
operation of trains, loading or unloading of cars, etc. Other
contractors of the Owner may,,for all purposes required by the
contract, enter upon the work and premises used by the
Contractor and shall be provided all reasonable facilities and
assistance for the completion of adjoining work. Any
additional grounds desired by the Contractor for his use shall
be provided by him at his own cost and expense.
C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any
right-of-way of any railway, the City will secure the
necessary easement for the work. Where the railway tracks are
to be crossed, the Contractor shall observe all the
regulations and instructions of the railway company as to the
methods of performing the work and take all precautions for
safety of property and the public. Negotiations with the
railway companies f�r permits shall be done by and through the
City. The Contractor shall give the City notice not less than
five days prior to the time of his intentions to begin work on
that portion of the project which is related to the railway
properties. The Contractor will not be given extra or
additional compensation for such railway crossings unless
specifically set forth in the Contract Documents.
C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is
carried on in or adjacent to any street, alley, or public
place, the Contractor shall at his own expense furnish, erect,
and maintain such barricades, fences, lights and danger
signals, shall provide such watchmen, and shall take all such
other precautionary measures for the protection of persons or
property and of the work as are necessary. Barricades and
fences shall be painted in a color that will be visible at
night. From sunset to sunrise the Contractor shall furnish
and maintain at least one easily visible burning light at each
barricade. A sufficient number of barricades shall be erected
and maintained to keep pedestrians away from, and vehicles
from being driven on or into, any work under construction or
being maintained. The Contractor shall furnish watchmen and
keep them at their respective assignments in sufficient
numbers to protect the work and prevent accident or damage.
Al1 installations and procedures shall be consistent with the
provisions set forth in the "1980 Texas Manual on Uniform
Traffic Control Devices for Streets and Highways" issued under
the authority of the "State of Texas Uniform Act Regulating
Traffic on Highways", codified as Article 6701d Veron's Civil
Statutes, pertinent sections being Section Nos. 27, 29, 30 and
31.
C6-6 (4)
The Contractor will not remove any regulatory sign,
instructional sign, street name sign, or other sign which has
been erected by the City. If it is determined that a sign
must be removed to permit required construction, the
Contractor shall contact the Transportation and Public Works
department, Signs and Markings Division (phone number
8780-8075), to remove the sign. In the case of regulatory
signs, the Contractor must replace the permanent sign with a
temporary sign meeting the requirements of the above
referenced manual and such temporary sign must be installed
prior to the removal of the permanent sign. If the temporary
sign is not installed correctly or if it does not meet the
required specifications, the permanent sign shall be left in
place until the temporary sign requirements are met. When
construction work is completed to the extent that the
permanent sign can be re-installed, the Contractor shall again
contact the Signs and Markings Division to re-install the
permanent sign and shall leave his temporary sign in place
until such re-installation is completed.
The Contractor will be held responsible for all damage to the
work or the public due to failure of barricades, signs,
fences, lights, or watchmen to protect them. Whenever
evidence is found of such damage to the work the Engineer may
order the damaged portion immediately removed and replaced by
the Contractor at the Contractor's own expense. The
Contractor's responsibility for the maintenance of barricades,
signs, fences and lights, and for providing watchmen shall not
cease until the project shall have been completed and accepted
by the Owner.
No compensation, except as specifically provided in these
� Contract Documents, will be paid to the Contractor for the
work and materials involved in the constructing, providing,
( and maintaining of barricades, signs, fences, and lights or
� for salaries of watchmen, for the subsequent removal and
disposal of such barricades, signs, or for any other
r incidentals necessary for the proper protection, safety, and
convenience of the public during the contract period, as this
work is considered to be subsidiary to the several items for
which unit or lump sum prices are requested in the Proposal.
C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the
Contractor elect to use explosives, drop weight, etc., in the
prosecution of the work, the utmost care shall be exercised at
all times so as not to endanger life or property. The
Contractor shall notify the proper representative of any
public service corporation, any company, individual, or
utility, and the Owner, not less than twenty-four hours in
C6-6 (5)
advance of the use of any activity which might damage or
endanger their or his property along or adjacent to the work.
Where the use of explosives is to be permitted on the project,
as specified in the Special Contract Documents, or the use of
explosives is requested, the Contractor shall submit notice to
the Engineer in writing twenty-four hours prior to commencing
and shall furnish evidence that he has insurance coverage to
protect against any damages and/or injuries arising out oF
such use of explosives.
All claims arising out of the use of explosives shall be
investigated and a written report made by the Contractor's
insurers to the Engineer within ten (10) days after receipt of
written notice of the claim to the Contractor from either the
City or the claimant. The City shall proceed to give notice
to the Contractor of any such claim. The use of explosives
may be suspended by the Engineer if any complaint is received
and such use shall not be resumed until the cause of the
complaint has been addressed.
Whenever explosives are stored or kept, they shall be stored
in a safe and secure manner and all storage places shall be
plainly marked "DANGEROUS EXPLOSIVES" and shall be under the
care of a competent watchman at all times. All vehicles in
which explosives are being transported shall be plainly marked
as mentioned above and shall, insofar as possible, not use
heavy traffic routes.
C6-6.10 WORR WITHIN EASEMENTS: Where the work passes over,
through, or into private property, the Owner will provide such
right-of-way or easement privileges as the City may deem
necessary for the prosecution of the work. Any additional
rights-of-way or work area considered necessary by the
Contractor shall be provided by him at his own expense. Such
additional rights-of-way or work area shall be acquired for
the benefit of the City. The City shall be notified in
writing as to the rights so acquired before work begins in the
affected area. The Contractor shall not enter upon private
property for any purpose without having previously obtained
permission from the owner of such property. The Contractor
will not be allowed to store equipment or material on private
property unless and until the specified approval of the
property owner has been secured in writing by the Contractor
and a copy furnished to the Engineer. Unless specifically
provided otherwise, the Contractor shall clear all
rights-of�way or easements of obstructions which must be
removed to make possible proper prosecution of the work as a
part of the project construction operations. The Contractor
shall be responsible for the preservation of and shall use
C6-6 (6)
every precaution to prevent damage to all trees, shrubbery,
plants, lawns, fences, culverts, curbing, and all other types
of structures or improvements, to all water, sewer, and gas
lines, to all conduits, overhead pole lines, or appurtenances
thereof, including the construction of temporary fences, and
to all other public or private property along adjacent to the
work.
The Contractor shall notify the proper representatives of
owners or occupants of public or private lands or interest in
lands which might be affected by the work. Such notice shall
be made at least 48 hours in advance of the beginning of the
work. Notices shall be applicable to both public and private
utility companies or any corporation, company, individual, or
other, either as owners or occupants, whose land or interest
in land might affected by the work. The Contractor shall be
responsible for all damage or injury to property of any
character resulting from any act, omission, neglect, or
misconduct in the manner or method or execution of the work,
or at any time due to defective work, material, or equipment.
When and where any direct or indirect or injury is done to
public or private property on account of any act, omission,
neglect, or misconduct in the execution of the work, or in
consequence of the non-execution thereof on the part of the
Contractor, he shall restore or have restored at his own cost
and expense such property to a condition at least equal to
that existing before such damage or injury was done, by
repairing, rebuilding, or otherwise 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.
Al1 fences encountered and removed during construction of
this project shall be restored to the original or a better
than original condition upon completion of this project.
When wire fencing, either wire mesh or barbed wire is to be
crossed, the Contractor shall set cross braced posts on
either side of permanent easement before the f ence is cut.
Should additional fence cuts be necessary, the Contractor
shall provide cross braced posts at point of the proposed
cut in addition to the cross braced posts provided at the
permanent easements limits, before the fence is cut.
Temporary fencing shall be erected in place of th
removed whenever the work is not in progress and
site is vacated overnight, and/or at all times t
livestock from entering the constructioa area. The
fence removal, temporary closures and replacement
subsidiary to the various items bid in the
C6-6 (7)
: fencing
when the
� prevent
cost for
shall be
project
proposal. Therefore, no separate payment shall be allowed
for any service associated with this work.
In case of failure on the part of the Contractor to restore
such property to make good such damage or injury, the Owner
may, upon 48 hour written notice under ordinary circumstances,
and without notice when a nuisance or hazardous condition
results, proceed to repair, rebuild, or otherwise restore such
p.roperty as may be determined by the Owner to be necessary,
and the cost thereby will be deducted from any monies due or
to become due to the Contractor under this Contract.
C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agr2ed
by the parties hereto that Contractor shall perform all work
and services hereunder as an independent contractor, and not
as an officer, agent, servant or employee of the Owner.
Contractor shall have exclusive control of and the exclusive
right to control the details of all the work and services
performed hereunder, and all persons performing same, and
shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees. The doctrine of
respondeat superior shall not apply as between Owner and
Contractor, its officers, agents, employees, contractors and
subcontractors, and nothing herein shall be construed as
creating a partnership or joint enterprise between Owner and
Contractor.
C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS:
Contractor covenants and agrees to, and does hereby indemnify,
hold harmless and defend Owner, its officers, agents,
servants, and employees from and against any an all claims or
suits for property damage or loss and/or personal injury,
including death, to any and all persons, of whatsoever kind or
character, whether real or asserted, arising out of or in
connection with, directly or indirectly, the work and services
to be perf ormed hereunder by Contractor, its officers, agents,
employees, contractors, subcontractors, lic�nsees or invitees,
whether or not caused, in whole or in part, by alleged
negligence on the part of officers, agents, servants,
employees, contractors, subcontractors, licensees and invitees
of the Owner; and said Contractor does hereby covenant and
agree to assume all liability and responsibility of Owner, its
officers agents, servants and employees for property damage or
loss, and/or personal injuries, including death, to any and
all persons of whatsoever kind or character, whether real or
asserted, arising out of or in connection with, directly or
indirectly, the work and services to be performed hereunder by
�ontractor, its officers, agents employees, contractors,
subcontractors, licensees and invitees, whether or not caused,
C6-6 (8)
in whole or in part, by alleged negligence of officers,
agents, servants, employees, contractors, subcontractors,
licensees or invitees of the Owner. Contractor likewise
covenants and agrees to, and does hereby, indemnify and hold
harmless Owner from and against any and all injuries,loss or
damages to property of the Owner during the performance of any
of the terms and conditions of this Contract, whether arising
out of or in connection with or resulting from, in whole or in
part, any and all alleged acts or omissions of officers,
agents, servants, employees, contractors, subcontractors,
licenses, or invitees of the Owner.
In the event a written claim for damages against the
contractor or its subcontractors remains unsettled at the time
all work on the project has been completed to the satisfaction
of the Director of the Water Department, as evidenced by a
final inspection, final payment to the Contractor shall not be
recommended by the Director of the Water Department for a
period of 30 days after the date of such final inspection,
unless the Contractor shall submit written evidence
satisfactory to the Director that the claim has been settled
and a release has been obtained from the claimant involved.
If the claim concerned remains unsettled as of the expiration
of the above 30-day period, the Contractor may be deemed to be
entitled to a semi-final payment for work completed, such
semi-final payment to be in an amount equal to the total
dollar amount then due less the dollar value of any written
claims pending against the Contractor arising out of the
performance of such work, and such semi-final payment may then
be recommended by the Director.
The Director shall not recommend final payment to a Contractor
against whom such a claim for damages is outstanding for a
period of six months following the date of the acceptance of
the work performed unless the Contractor submits evidence in
writing satisfactory to the Director that:
1. The claim has been settled and a release has been
obtained from the claimant involved, or
2. Good faith efforts have been made to settle such
outstanding claims, and such good faith efforts
have failed.
If condition (1) above is met at any time within the six month
period, the Director shall recommend that the final payment to
the Contractor be made. If condition (2) above is met at any
time within the six month period, the Director may recommend
that the final payment to the Contractor be made. �t the
C6-6 (9)
expiration of the six month period the Director may recommend
that final payment be made if all other work has been
performed and all other obligations of the Contractor have
been met to the satisfaction of the Director.
The Director may, if he deems it appropriate, .refuse to accept
bids on other Water Department Contract work from a Contractor
against whom a claim for damages is outstanding as a result of
work performed under a City contract.
C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor
claim compensation for any alleged damage by reason of the
acts or omissions of the Owner, he shall within three days
after the actual sustaining of such alleged damage, make a
written statement to the Engineer, setting out in detail the
nature of the alleged damage, and on or before the 25th day of
the month succeeding that in which any such damage is claimed
to have been sustained, the Contractor shall file with the
Engineer an itemized statement of the details and amount of
such alleged damage and, upon request, shall give the Engineer
access to all books of account, receipts, vouchers, bills of
lading, and other- books or papers containing any evidence as
to the amount of such alleged damage. Unless such statements
shall be filed as hereinabove required, the Contractor's claim
f or 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 their property that may be
necessary by the performance of this contract.
C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing
sewe.r lines have to be taken up or removed, the Contractor
shall, at his own expense and cost, provide and maintain
temporary outlets and connections for all private or public
drains and sewers. The Contractor shall also take care of all
sewage and drainage which will be received from these drains
and sewers, and for this purpose he shall provide and
maintain, at his own cost and expense, adequate pumping
facilities and temporary outlets or diversions.
The Contractor, at his own cost and expense, shall construct
such troughs, pipes, or other structures necessary, and be
prepared at all times to dispose of drainage and sewage
C6-6 (10)
received from these temporary connections until such�times as.
the permanent connections are built and are in service. The
existing sewers and connections shall be kept in service and
maintained under the Contract, except when specified or
ordered to be abandoned by the Engineer. All water, sewage,
and other waste shall be disposed of in a satisfactory manner
so that no nuisance is created and so that the work under
construction will be adequately protected.
C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE
CITY: When the Contractor desires to use City water in
connection with any construction work, he shall make complete
and satisfactory arrangements with the Fort Worth City Water
Department for so doing.
City water furnished to the Contractor shall be delivered to
the Contractor from a connection on an existing City main.
Al1 piping required beyond the point of delivery shall be
installed by the Contractor at his own expense.
The Contractor's responsibility in the use of all existing
fire hydrant and/or valves is detailed in Section E2-1.2 USE
OF FIRE HYDRANTS AND VALVES in these General Contract
Documents.
When meters are used to measure the water, the charges, if
any, for water will be at the regular established rates. When
meters are not used, the charges, if any, will be as
prescribed by the City Ordinaace, or where no ordinance
applies, payment shall be made on estimates and rates
established by the Director of the Fort Worth Water
Department.
C6-6.17 USE OF A SECTION OR PORTION OF THE WORR: Whenever, in
the opinion of the Engineer, any section or portion of the
work or any structure is in suitable condition, it may be put
into use upon the written order of the Engineer, and such
usage shall not be held to be in any way an acceptance of said
work or structure or any part thereof or as a waiver of any of
the provisions of these Contract Documents. All necessary
repairs and removals of any section of the work so put into
use, due to defective materials or workmanship, equipment, or
to deficient operations on the part of the Contractor, shall
be performed by the Contractor at his own expense.
C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORR: Until
written acceptance by the Owner as provided for in these
Contract Documents, the work shall be under the charge and
care of the Contractor, and he shall take every necessary
precaution to prevent injury or damage to the work or any part
C6-6 (11)
thereof by action of the elements or from any cause
whatsoever, whether arising from the execution or nonexecution
of the work. The Contractor shall rebuild, repair, restore,
and make good at his own expense all injuries or damage to any
portion of the work occasioned by any of the hereinabove
causes.
C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer
or any order by the Owner by payment of money or any payment
for or acceptance of any work, or any extension of time, or
any possession taken by the City shall not operate as a waiver
of any provision of the Contract Documents. Any waiver of any.
breach or Contract shall not be held to be a waiver of any
other or subsequent breach.
The Owner reserves the right to correct any error that may be
discovered in any estimate that may have been paid and to
adjust the same to meet the requirements of the Contract
Documents.
C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying
out the provisions of these Contract Documents or in
exercising any power of authority granted thereunder, there
shall be no liability upon the authorized representatives of
the Owner, either personally or otherwise as they are agents
and representatives of the City.
C6-6.21 STATE SALES TAX: On a contract awarded by the City of
Fort Worth, an organization which qualifies for exemption
pursuant the provisions of Article 20.04 (H) of the Texas
Limited Sales, excise, and Use Tax Act, the Contractor may
purchase, rent or lease all materials, supplies and equipment
used or consumed in the performance of this contract by
issuing to his supplier an exemption certificate in lieu of
the tax, said exemption certificate to comply with State
Comptroller's Ruling .007. Any such exemption certiFicate
issued by the Contractor in lieu of thP tax shall be subject
to an3 shall comply with the provisions of State Comptroller's
Ruling .011, and any other applicable State Comptroller
rulings pertaiaing to the Texas Limited Sales, Excise, and Use
Tax Act.
On a contract awarded by a developer for the construction of a
publicly-owned improvement in a street right-of-way or other
easement which has been dedicated to the public and the City
of Fort Worth, an organization which qualifies for exemption
pursuant to the provisions of Article 20.04 (H) of the Texas
limite3 Sales, Excise, and Use Tax Act, the Contractor can
probably be exempted in the same manner stated above.
C6-6 (12)
E
Limited Sale, Excise and Use Tax permits and information can
be obtained from:
Comptroller of Public Accounts
Sale Tax Division
Capitol Station
Austin, TX
C6-6 (13)
PART C - GENERAL CONDITIONS
C7-7 PROSECUTION AND PROGRESS
SECTION C7-7 PROSECUTION AND PROGRESS:
C7-7.1 SUBLETTING: The Contractor shall perform with his own
organization, and with the assistance of workman under his
immediate superintendance, work of a value of not less than
fifty (50$) percent of the value embraced in the contract. If
the Contractor sublets any part of the work to be done under
these Contract Documents, he will not under any circumstances
be relieved of the responsibility and obligation assumed under
these Contract Documents. All transactions of the Engineer
will be with the Contractor. Subcontractors will be
considered only in the capacity of employees or workmen of the
Contractor and shall be subject to the same requirements as to
character and competency. The Owner will not recognize any
subcontractor on the work. The Contractor shall at all times,
when the work is in operation, be represented either in person
or by a superintendent or other designated representatives.
C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not
assign, transfer, sublet, convey, or otherwise dispose of the
contract or his rights, title, or interest in or to the same
or any part thereof without the previous consent of the Owner
expressed by resolution of the City Council and concurred in
by the Sureties.
If the Contractor does, without such previous consent, assign,
transfer, sublet, convey, br otherwise dispose of the contract
or his right, title, or interest therein or any part thereof,
to any person or persons, partnership, company, firm, or
corporation, or does by bankruptcy, voluntary or involuntary,
or by assignment under the insolvency laws of any state,
attempt to dispose of the contract may, at the option of the
Owner be revoked and annulled, unless the Sureties shall
successfully complete said contract, and in the event of any
such revocation or annulment, any monies due or to become due
under or by virtue of said contract shall be retained by the
Owner as liquidated damages f or the reason that it would be
impracticable and extremely difficult to fix the actual
damages.
C7-7.3 PROSECUTION OF THE WORR: Prior to beginning any
construction operation, the Contractor shall submit to the
Engineer in five or more copies, if requested by the Engineer,
a progress schedule preferably in chart or diagram f orm, or a
brief outlining in detail and step by step the manner of
C7-7 (1)
prosecuting the work and ordering materials and equipment
which he expects to follow in order to complete the project in
the scheduled time. There shall also be submitted a table of
estimated amounts to be earned by the Contractor during each
monthly estimate period.
The Contractor shall commence the work to be performed under
this contract within the time limit stated in these Contract
�Documents and shall conduct the work in a continuous manner
and with sufficient equipment, materials, and labor as is
necessary to insure its completion within the time limit.
The sequence requested of all construction operations shall be
at all times as specified in the Special Contract Documents.
Any deviation from scuh sequencing shall be submitted to the
Engineer for his approval. Contractor shall not proceed with
any deviation until he has received written approval from the
Engineer. Such specification or approval by the Engineer
shall not relieve the Contractor from the full responsibility
of the complete performance of the Contract.
The contract time may be changed only as set forth in Section
C7-7.8 "Extension of Time of Completion" of this Agreement,
and a progress schedule shall not constitute a change in the
contract time.
C7-7.4 LIMITATIONS OF OPERATIONS: The working operations
shall at all times be conducted by the Contractor so as to
create a minimum amount of inconvenience to the public. At
any time when, in the judgment of the Engineer, the Contractor
has obstructed or closed or is carrying on operations in a
portion of a street or public way greater than is necessary
f or the proper execution of the work, the Engineer may require
the Contractor to finish the section on which operations are
in progress before the work i�s commenced on any additiona.l
section or street.
C7-7.5 CHARACTER OF WORRMEN AND EQUIPMENT: Local labor shall
be used by the Contractor is available. The Contractor may
bring in from outside the City of Fort Worth his key men and
his superintendent. All other workmen, including equipment
operators, may be imported only after the local supply is
exhausted. The Contractor shall employ only such
superintendents, foremen, and workmen who are careful,
competent, and fully qualified to perf orm the duties or tasks
assigned to them, and the Engineer may demand and secure the
summary dismissal of any person or persons employed by the
Contractor in or about or on the work who, in the opinion of
the Owner, shall misconduct himself or be found to be
incompetent, disrespectful, intemperate, dishonest, or
C7-7 (2)
otherwise objectionable or neglectful in the proper
performance of his or their duties, or who neglects or refuses
to comply with or carry out the directions of the Owner, and
such person or persons shall not be employed again thereon
without written consent of the Engineer.
All workmen shall have sufficient skill, ability, and
experience to properly perform the work assigned to them and
operate any equipment necessary to properly carry out the
performance of the assigned duties.
The Contractor shall furnish and maintain on the work all such
equipment as is considered to be necessary for prosecution of
the work in an acceptable manner and at a satisfactory rate of
progress. All equipment, tools, and machinery used for
handling materials and executing any part of the work shall be
subject to the approval of the Engineer and shall be
maintained in a satisfactory, safe and efficient working
condition. Equipment on any portion of the work shall be such
that no injury to the work, workmen or adjacent property will
result from its use.
C7-7.6 WORR SCHEDULE: Elapse3 working days shall be computed
starting with the first day of work completed as defined in
C1-1.23 "WORRING DAY" or the date stipulated in the "WORR
ORDER" for beginning work, whichever comes first.
Nothing in these Contract Documents shall be construed as
prohibiting the Contractor from w�rking on Saturday, Sunday or
Legal Solidays, providing that the following requirements are
met:
a. A request to work on a specific
Legal Holiday must be made to the
than the proceeding Thursday.
Saturday, Sunday or
Engineer no later
b. Any work to be done on the project on suGh a
specific Saturday, Sunday or Legal Holiday must be,
in the opinion of the Engineer, essential to the
timely completion of the project.
The Engineer's decision shall be final in response to such a
request for approval to work on a specific Saturday, Sunday or
Legal Holiday, and no extra compensation shall be allowed to
the Contractor for any work performed on such a specific
Saturday, Sunday or Legal Holiday.
Calendar Days shall be defined in C1-1.24 and the Contr3ctor
may work as he so desires.
C7-7 (3)
C7-7.7 TIME OF COMMENCEMENT AND CUMPLETION: The Contractor
shall commence the working operations within the time
specified in the Contract Documents and set forth in the Work
Order. Failure to do so shall�be considered by the Owner as
abandonment of the Contract by the Contractor and the Owner
may proceed as he sees fit. ,
The Contractor shall maintain a rate of progress such as will
insure that the whole work will be performed and the premises
cleaned up in accordance with the Contract Documents and
within the time establishPd in such documents and such
extension of time as may be properly authorized by the Owner.
C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request
for an extension of time of completion shall be considered
only when the request for such extension is submitted in
writing to the Engineer within seven days from and after the
time alleged cause of delay shall have occurred. Should an
extension of the time of completion be requested such request
will be forwarded to the City Council for approval .
In adjusting the contract time for completion of work,
consideration will be given to unforseeable causes beyond the
control of and without the fault or negligence of the
Contractor, including but limited to acts of the public enemy,
acts of the Owner, fire, flood, tornadoes, epidemics,
quarantine restrictions, strikes, freight embargoes, or delays
of sub-contractors due to such causes.
When the date of completion is based on a calendar day bid, a
request for extension of time because of inclement weather
will not be considered. A request for extension of time due
to inability to obtain supplies and materials will be
considered only when a review of the Contractor's purchase
order dates and other per�inent data as requested by the
Engineer indicates that the Contractor has made a bonafide
attempt to secure delivery on schedule. This shall include
efforts to obtain the supplies and materials from alternate
sources in case the first source cannot make delivery.
If satisfactory execution and completion of the contract
should require work and materiats in greater amounts or
quantities than those set forth in the approved Contract
Documents, then the contract time may be increased by Change
Order.
C7-7.9 DELAYS: The Contractor shall receive no comnensation
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, iP
C7-7 (4)
any, which is to be furnished by the City. When such extra
compensation is claimed a written statement thereof shall be
presented by the Contractor to the Engineer and if by him
found correct shall be approved and reFerred by him to the
Council for final approval or disapproval; and the action
thereon by the Council shall b� final and binding. If delay
is caused by specific orders given by the Engineers to stop
work, or by the performance of extra work, or by the failure
of the City to provide material or necessary instructions for
carrying on the work, then such delay will entitle the
Contractor to an equivalent extension of time, his application
for which shall, however, be subject to the approval of the
City Council; and no such extension of time shall rPlease the
Contractor or the surety on his perFormance bond from all his
obligations hereunder.which shall remain in full force until
the discharge of the contract.
C7-7.10 TIME OF COMPLETION: The time of completion is an
essential element of the contract. Each bidder shall indicate
in the appropriate place on the last page of the Proposal the
number of working days or calendar days that he will require
to fully complete this contract or the time of completion will
be specified by the City in the Proposal section of the
contract documents.
The number of days indicated shall be a realistic estimate of
the time required to complete the work covered by the specific
contract being bid upon. The amount of time so stated by the
successful bidder or the City will become the time of
completion specified in the Contract Documents.
For each calendar day that any work shall rPmain uncompleted
after tha time specified in the Contract Documents, or the
increased time granted by the Owner, or as automatically
increased by additional work or materials ordered after the
contract is signed, the sum per day given in the following
schedule, unless otherwise specified in other parts of the
Contract Documents, will be deducted from monies due the
Contractor, not as a penalty, but as liquidated damages
suffered by the Owner.
AMOUNT OF CONTRACT
Less than
$ 5,001 to
$ 15,001 to
$ 25,001 to
$ 50,001 to
$ 100,001 to�
$ 5,000
$ 15,000
$ 25,000
$ 50,000
$ 100,000
$ 500,000
C7-7 (5)
inclusive $
inclusive $
inclusive $
inclusive $
inclusive $
inclusive $
35.00
45.00
63.00
105.00
154.00
210.00
$ 500,001 to $1,000,000 inclusive $ 315.00
$1,000,001 to $2,000,000 inclusive $ 420.00
$2,000,001 and over . � 630.00
The parties hereto understand and agree th<
City caused by the Contractor's delay in con
hereunder in the time specified by the Cc
would be incapable or very difficult of acc�
and that the "Amount of Liquidated Damages
out above, is a reasonable forecast of just
the City for harm caused by any delay.
t any harm to the
pleting the work
ntract Documents
rate estimation,
Per Day", as set
compensation due
C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall
suspend operations on such part or parts of the work ordered
by any court, and will not be entitled to additional
compensation by virtue of such court order. Neither will he
be liable to the City in the event the work is suspended by a
Court Order. Neither will the Owner be liable to the
Contractor by virtue of any Court �rder or action for which
the Owner is not solely responsible.
C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right
to suspend the work operation wholly or in part for such
period or periods of time as he may deem necessary due to
unsuitable weather conditions or any other unfavorable
conditions which in the opinion of the Owner or Engineer cause
further prosecution of the work to be unsatisfactory or
detrimental to the interest of the project. During temporary
suspension of work covered by this contract, for any reason,
the Owner will make no extra payment for stand-by time of
construction equipment and/or construction crews.
If it should become necessary to suspend wor'K for an
indefinite period, the Contractor shall store all materials in
such manner that they will not obstruct or impede the public
unnecessarily nor become damaged in any way, and he shall take
every precaution to prevent damage or dsterioration of the
work performed; he shall provide suitable drainage about the
work, and erect temporary structures where necessary.
Should the Contractor not be able to complete a portion of the
project due to causes beyond the �ontrol of and without the
fault or negligence of the Contractor as set forth in
Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and
should it be determined by mutual consent of the Contractor
and the Engineer that a solution to allow construction to
proceed is not available within a reasonable period of time,
then the Contractor may be reimbursed for the cost of movinq
his equipment off the job and returning the necessary
equipment to the job when it is determined by the Engineer
C7-7 (6)
that constrscti�n may be rasumed. Such reimbursement shall be
based on actual cost to the Contractor of moving the equipment
and no profit �ill be allowed.
No ra_imbursement shd11 be allowed if. the equipment is mov�� to
another construction project ior the City of Fort �ort}z.
The Contracror shall not susoend work without written notice
from the Engineer and shall Droceed with the work operations
promptly when notified by the Engineer to so resume
operations.
•^_7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY:
Whenever, �ecause of National Emergency, so declared by the
President oE the United States or other lawful authority, it
becomes impossible for the Contractor to obt3in all of the
necessary labor, materials, and equipment for the prosecution
o.E the work with reasonable continuity Por a p�riod of two
months, the Contractor shall within seven days notify the City
in writing; giving a detailed statement of. the ePforts w'nir�h
*�ave been mad� and listing all necessary it�ms of labo.r,
materials, and equipment not �btainable. If, after
investigatio�s, 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 f3u1t ��r neglect of
the Contract, then if_ the Owner cannot after reasonable effort
assist the Contractor in procuring and making available the
nec�s5ary labor, materials and equipment within tl�irty days,
the Contractor may request the Owner �o terminate the contr.act
and the Ownar may comply with the request, and th� termination
:�hall be conditioned and base3 upon a Pinal settlement
mutually acceptable to bc�th th2 Owner and thP Contractor an�i
final payment shall be mad� in accordancP with the t�r_ms oF
t'ne agreed settlement, which shall includP, but not bP limite3
':�, khe payment for all work executed but !io anticipat�:�i
�rofits on work which has not been perfo.rme:�. �
�_7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF
CONTRACT: Ttie w•�rk opPrations on all ar any portion or
section of the work under Contr3ct s'r�all be sus�ended
immer3iately on written �rder �f th� Engineer or the Cor�tra;.t
m�y b� dacl3red cancelle3 by the City Coiincil for any go�d an3
sufficient ;:ause. The followi�g, 5y way of �xample, but not
oE lim.it_ation, may be consi3�red grounds for suspPnsi�n �.�
�3ncellation:
a. Failure oP the Contractor to commencP work
operations within th� time specified in the �T�rk
���r3er issued by the �wner. .
�7-7 (7)
�
c.
�
e.
Substanti3l evidence that progress of the work
operations by Contractor is insufficient to
complete the work within the specified time.
Failure of the Contractor to provide and maintain
sufficient labor and equipment to properly execute
the working operations.
Substantial evidence that the Contractor has
abandoned the work.
Substantial evidence that the Contractor has become
insolvent or bankrupt, or. otherwise financially
unable to carry on the work satisfactorily.
f. Failure on the part of the Contractor to observe
any requirements of the Contract Documents or to
comply with any orders given by the Engineer or
Owner provided for in these Contr3ct Documents.
g. Fail�ire 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
of illegally procuring a
fraud on the City in the
contract.
collusion for the purpose
contract or perpetrating
construction of work under
i. A substantial indication that the Contractor has
made an unauthorized assignment of the contract or
any funds due therefrom for the benefit of any
creditor or for any other purpose.
J-
k.
If the Contractor shall for any cause whatsoever
not carry on the working operation in an acceptable
manner.
If the Contractor commences legal action against
the Owner.
A copy of the suspension order or action of the City Council
shall be served on the Contract�r's Sureties. When work is
suspended for any cause or causes, or when the contract is
cancelled, the Contractor shall discontinue the work or such
part thereof as the Owner shall designate, whereupon the
Sureties may, at their option, assume the contract or that
portion thereoF which the Owner has ordered the Contractor to
discontinue, and may perform thn same or may, with the written
�7-7 (8)
consent of the �wner, sublet the work or that portion of tkie
work as taken ov?r, provided however., that the Sureties shall
ex�rcise their option, if at atl, within two weeks after tlie
written notice to 3iscontinue the work has been served upon
the Contractor and upon the Sureties or their authoriz�d
agents. The Sureties, in such event shall assume the
Contract�c'S place in all respects, and shall be paid by the
Owner for all work perFormed by them in accordance with the
terms of the Contract Documents. All monies remaining due the
Contractor at thz time of this default shall thereupon bPcome
due an3 payable to the Suraties as the work progrAss�s,
subject to all of the terms of the Contract Documents.
In case the Surzties do not, within the hereinabove specified
time, exercise their ri�ht and option to .3ssume the contract
responsiUilities, or that portion thereo.E which t'ne Owner has
ordered by the Contracto.r to discontinuP, then the Owner shall
have the power to complete, by contract or otherwisn, as it
may determine, t:�e work herein described or such part th�reof
as it ;nay deem necessary, and the Contractor hereto agr�es
that the Owne.r shall have th� right to take possession of an3
use any mate.rials, plants, tools, equipment, supplies, and
property of any kind provided by the Contractor for the
purpose of carrying on the work and to procure other tools,
equipment, materials, labor and property for the completion of
the work, 3nd to charge to the account of the Contractor c�P
said contract expense for labor, materials, tools, equipment,
and all expenses incidental thereto. The expense so charged
shall be deducted by the Own�r fr�m su�h monies as may be due
or may become due at any time thereaft�r to the iontractor
undPr and by virtue of the Contract or any part thereof. The
Owner shall not be requir�d to obtaia the lowest bid for tlie
work completing the contract, but the �xpense to be 3educted
shall be the actual cost of the owner oE such wor�c.
In case such expenses shall exceed the amount which wouLd have
been payable under the Contract if the same had been compt��ed
by the Contractor, then the Contractor and his Sureties shail
pay the amount of such e.xcess to the City on notic� fr��n th�
Owner of the excess due. When any particular nart ��P the w�r'�c
is being carried on by the Owner by contract or oth�rwis�
under the provisions of this sec+�ion, the Contractor shall
continue the remainder of the work in conformity with the
terms oF the Contract Documents and ia such a manner as to not
hi!�der or interfere with performance of the wor'�c by tl�e ��wner.
C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be
considered as having.been fulfilled, �ave as provided in any
bond or 'oonds or by law, when all the work and all sections or
parts of the project coverecl by the Co,7�ract Docu�ents have
C7-7 (9)
been finished and completed, the final inspection made by the
Engineer, and the final acceptance and final payment made by
the Owner.
C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER:
A. NOTICE OF TERMINATION: The performance of the work
under this contract may be terminated by the Owner
in whole, or from time to time in part, ih
accordance with this section, whenever the Owner
shall determine that such termination is in the
best interest of the Owner. Any such termination
shall be effected by mailing a notice oF
termination to the Contractor specifying the extent
to which performance of wo�k under the contract is
terminated, an3 the date upon which such
termination becomes effective. Receipt of the
notice shall be deemed conclusively presumPd and
established when the letter is placed in the United
States Mail by the Owner. Further, it shall be
deemed conclusively presumed and established that
such termination is made with just cause as therein
stated; and no proof in any claim, demand or suit
shall be required of the Owner regarding such
discretionary action.
B. CONTRACTOR ACTION: After receipt of a notice of
termination, and except as otherwise directed by
the Engineer, the Contractor shall:
1. Stop work under the contract on the date and
to the extent specified in the notice �f
termination;
2. place no further orders or subcontracts for
materials, services or facilities except as
may be necessary for completion of �uch
portion of the work under the contract as is
not terminated;
3. terminate all orders and subcontracts to the
extent that they relate to the performance of
work terminated by the notice of termination;
4, transfer title to the Owner and deliver in
the manner, at thP times, and to the extent,
if any, dir�cted by the Engineer:
C7-7 (10)
a. the E.sbricat?3 or unFabric�t�d nart5,
wor;{ in process, compl:�ted work,
supplias and other materi�l producPd as
a�art of, or acqui,:ed in connection
with the performance of, the work
t�rminated by the notice of
termination; and
b, the compl?ted, or partially complPted
plans, drawing_7, information and other
property which, if the contract had
been completed, wosld have been
required to be furnished to the Owner.
5. complete performance of such par� �F the work
as shall n�t havP been terminated by the
notice of termination; and
6. take such action as :nay be necessary, or as
the Engineer may direct, for the protection
3nd preservation of the property related to
its contract which is in the possession of
the Contractor and in which the Owner has ar
�nay acquire the rzst.
At a time not later than 30 days aiter t�e
termination date specified in the ���ice of
termination, the Contractor may submit to the
Engineer a list, certified as to quantity anc3
guality, of any or all items of termination
inventory not previously disposed of, exclusive of
it�ms th� disposition of which has been dir�cted or
authorized by the Engineer. Not later than 15 days
ther��after, the Owner shall accept title to sucli
items provided, that the list submitted shall be
subject t� vPrification by the Engineer upon
removal of th� items or, if the items are stor�d,
within 45 days from the date of submission of the
list, and any necessary adjustments to correct th�
list as submitted, shall be made prior to Final
settlement.
C. TERMINATION CLAIM: Wi:hin 60 days aiter notice of
ter.mination, 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 e:tt2nsions in wri�ing ara
granted by the Own?r upon request �f th•�
Contractor, made in writing within such 60-3ay
neriod or authorized �xtension thereof, any and all
such claims shall be conclusively deeme3 waiv�d,
C7-7 (11)
D. AMOUNTS: Subject to the provisions of Item
C7-7.16(C), the Contractor and Owner may agree upon
the whole or any part of the amount or amounts to
be paid to the Contractor by reason of the total or
partial termination of work pursuant hereto;
provided, that such agreed amount or amounts shall
never exceed the total contract price as reduced by
the amount of payments otherwise made and as
further reduced by the contract price of work not
terminated. The contract shall be amended
accordingly, and the Contractor shall be paid the
agreed amount. No amount shall be due Por lost or
� anticipated profits. Nothing in C7-7.16(E)
hereafter, prescribing the amount to be paid to the
Contractor in the event of failure of the
Contractor by reason of the termination of work
pursuant to this section, shall be deemed to limit,
restrict or otherwise determine or affect the
amount or amounts which may be agreed upon to be
paid to the �ontractor pursuant to this paragraph.
E. FAILURE TO AGREE: In the event of the failure of
the Contractor and the Owner to agree as provided
in C7-7.16 (D) upon the whole amount to be paid to
the Contractor by reason of the termination of work
pursuant to this section the Owner shall 3etermine,
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
contracto.r undzr this section, there shall be
deducted (a) all unliquidated advance or other
payments on account theretofore made to the
Contractor, applicable to the terminated portion of
this contract; (b) any claim which the Owner may
have against the Contractor in connection with this
contract; and (c) the agreed price for, or the
proceeds of sale of, any materials, supplies or
other things kept by the Contractor or sold,
pursuant to the provisions of this clause, an3 not
otherwise r�coverad by or credited to the Owner.
G. ADJUSTMENT: If the termination hereunder be
partial, prior to the settlement of the terminated
portion of this contract, the Contractor may file
with the Engineer a request in writing f�r an
C7-7 (12)
equitable adjustment of the price or prices
specified in the contract relating to the continued
portion of the �ontract (the portion not terminated
by the notice oF termination), such equitable
adjustment as may be agreed upon shall be made in
such price or prices; nothing contained herein,
however, shall limit the right of the Owner and the
Contractor to agree upon the amount or amounts to
be paid to the Contractor for the completion of the
continued portion of the contract when said
contract does not contain an established contract
price for such continued portion.
H. NO LIMITATION OF RIGHTS: Nothing contained in this
section shall limit or alter th� rights which the
Owner may have for termination of this contract
under C7-7.14 hereof entitled "Suspension of
Abandonment of the work and Amendment of Contract"
or any other right which Owner may have for default
or breach of contract by Contractor.
C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be
responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with the work at
all times and shall assume all responsibilities for their
enforcement.
The Contractor shall comply with federal, state, and local
laws, ordinances, and regulations so as to protect person and
property from injury, including death, or damage in connection
with the work.
C7-7 (13)
PART C - GENERAL CONDITIONS
CS-8 MEASUREMENT AND PAYMENT
SECTION C8-8 MEASUREMENT AND PAYMENT
C8-8.1 MEASUREMENT OF QUANTITIES: The determination of
quantities of work performed by the Contractor and authorized
by the Contract Documents acceptably completed under the terms
of the Contract Documents shall be made by the Engineer, based
on measurements made by the Engineer. These measurements will
be made according to the United States Standard Measurements
used in common practice, and will be the actual length, area,
solid contents, numbers, and weights of the materials and
items installed.
C8-8.2 UNIT PRICES: When in the Proposal a"Unit Price" is
set forth, the said "Unit Price" shall include the 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 �ontract
Documents.
The "Unit Price" shall include all permanent and temporary
protection of overhead, surface, and underground structures,
cleanup, finished, overhead expense, bond, insurance, patent
fees, royalties, risk due to the elements and other causes,
delays, profits, injuries, damages claims, taxes, and all
other items not specifically mentioned that may be required to
f ully construct each item of the work complete in place and in
a satisfactory condition for operation.
C8-8.3 LUMP SUM: When in the Proposal a"Lump Sum" is set
forth, the said "Lump Sum" shall represent the total cost for
the Contractor to furnish all labor, tools, materials,
machinery, equipment, appurtenances, and all subsidary work
necessary for the construction and completion of all the work
to provide a complete and functional item as detailed in the
Special Contract Documents and/or Plans.
CS-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, f or any
unforesee,i defects or obstructions which may arise or be
encountered during the prosecution of the work at any time
C8-8 (1)
before its final acceptance by the Owner, (except as provided
in paragraph C5-5.14) for all risks of whatever description
connected with the prosecution of the work, for all expense
incurred by or in consequence of suspension or discontinuance
of such prosecution of the working operations as herein
specified, or any and all infringements of patents,
trademarks, copyrights, or other legal reservations, and for
completeing the work in an acceptable manner according to the
terms of the Contract Documents.
The payment of any current or partial estimate prior to final
acceptance of the work by the Owner shall in no way constitute
an acknowledgment of the acceptance of the work, materials, or
equipment, nor in any way prejudice or affect the obligations
of the Contractor to repair, correct, renew, or replace at his
own and proper expense any defects or imperfections in the
construction or in the strength or quality of the material
used or equipment or machinery furnished in or about the
constru�tion of the work under contract and its appurtenances,
or any damage due or attributed to such defects, which
defects, imperfection, or damage shall have been discovered on
or before the final inspection and acceptance of work or
during the one year guaranty period after final acceptance.
The Owner shall be the sole judge of such defects,
imperfections, or damage, and the Contractor shall be liable
to the Owner for failure to correct the same as provided
herein.
C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the lst and
5th day of each month the Contractor shall submit to the
Engineer a statement showing an estimate of the value of the
work done during the previous month, or estimate pPriod under
the Contract Documents. Not later than the lOth day of the
month the Engineer shall verify such estimate, and if it is
found to be acceptable and the value of work performed since
the last partial payment was made exceeds one hundred dollars
($100.00) in amount, 90$ of such estimated sum will be paid to
the Contractor iF the total contract amount is less than
$400,000, or 95$ of such estimated sum will be paid to the
Contractor if the total contract amount is $400,000 or greater
within twenty-five (25) days aFter the regular estimate period.
The �ity will have the option of preparing estimates on forms
furnished by the �ity. The partial estimate may include
acceptable nonperishable materials delivered to the work which
are to be incorporated into the work as a permanent part
thereof, but which at the the time of the estimate have not
been installed. (such payment will be allowed on a basis of
85$ of the net invoice value thereof.) The �ontractor shall
f urnish the Engineer such information as he may request to aid
C8-8 (2)
him as a guide in the verification or the preparation of
partial estimates.
It is understood that the partial estimate from month to month
will be approximate only, and all partial monthly estimates
and payment will be subject to correction in the estimate
rendered following the discovery of an error in any previous
estimate,and such estimate shall not, in any respect, be taken
as an admission of the Owner of the amount of work done or of
its quality of sufficiency, or as an acceptance of the work
done or the release of the Contractor of any of his
responsibilities under the Contract Documents.
The City reserves �he right to withhold the payment of any
monthly estimate if the contractor fails to perform the work
strictly in accordance with the specifications or provisions
of this contract.
C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or
estimates may be held in abeyance if the performance of the
construction operations is not in accordance with the
requirements of the Contract Documents.
C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided
for by the Contract Documents shall have been completed and
all requirements of the Contract Documents shall have been
fulfilled on the part of the Contractor, the Contractor shall
notify the Engineer in writing that the improvements are ready
for the final inspection. The Engineer shall notify the
appropriate officials of the Owner, will within a reasonable
time make such final inspection, and if the work is
satisfactory, in an acceptable condition, and has been
completed in accordance with the terms of the Contract
Documents and all approved modifications thereof, the Engineer
will initiate the processing of the final estimate.and
recommend final acceptance of the project and final paympnt
therefor as outlined in C8-8.8 below.
C8-8.8 FINAL PAYMENT: Whenever all the improvements provided
for by the Contract Documents and all approved modifications
thereof shall have been completed and all requirements of the
Contract Documents have been fulfilled on the part of the
Contractor, a final estimate showing the value of the work
will be prepared by the Engineer as soon as the necessary
measurements, computations, and checks can be made.
All prior estimates upon which payment has been made are
subject to necessary corrections or revisions in the final
payment.
C8-8 (3)
The amount of the final estimate, less previous payments and
any sum that havP been deducted or retained under the
provisions of the Contract Documents, will be paid to the
Contractor within 60 days after final acceptance by the Owner
on a proper resolution of the City Council, provided the
Contractor has furnished t� the Owner satisfactory evidence of
payment as follows: Prior to submission of the final estimate
for payment, the Contractor shall execute an affidavit, as
furnished by the City, certifying that all persons, firms,
associations, corporations, or other organizations furnishing
labor and/or materials have been paid in full, that the wage
scale established by the City Council in the City of Fort
Worth has been paid, and that there are no claims pending for
personal injury and/or property damages.
The acceptance by the Contractor of the last or final payment
as aforesaid shall operate as and shall release the Owner f rom
all claims or liabilities under the Contract for anything done
or furnished or relating to the work under Contract Documents
or any act or neglect of said City relating to or connected
with the Contract.
The making of the final payment by the Owner shall not relieve
the Contractor of any guarantees or other requirements of the
Contract Documents which specifically continue thereafter.
C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner
believes it has employed competent Engineers and designers to
prepare the Contract Documents and all modifications of the
approved Contract Documents. It is, therefore, agreed that
the Owner shall be responsible for the adequacy of its own
design features, sufficiency of the Contract Documents, the
saFety of the structure, and the practicability of the
operations of the completed project, provided the Contractor
has complied with the requirements of the said Contract
Documents, all approved modifications thereof, and additions
and alterations thereto approved in writing by the Owner. The
burden of proof of such compliance shall be upon the
Contractor to show that he has complied with the said
requirements of the Contract Documents, approved modifications
thereof, and all approved additions and alterations thereto.
C8-8.10 GENERAL GUARANTY: Neither the final certificate of
payment nor any provision in the Contract �ocuments nor
partial or entire occupancy or use of the premises by the
Owner shall constitute an acceptance of work not done in
accordance with the Contract Documents or relieve the
Contractor of liability in respect to any express warranties
or responsibility for faulty materials or workmanship. The
Contractor shall remedy any defects or damages in the work and
C8-8 (4)
pay for any damage to other work resulting therefrom which
shall appear within a period of one year from the date of
final acceptance of the work unless a longer period is
specified andshall furnish a good and sufficient maintenance
bond in the amount of l00 percent of the amount of the
contract which shall assure the perFormance of the general
guaranty as above outline. The Owner will give noticP 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 o.f
which shall be included in the price bid in the Proposal, for
each bid item. Surface restoration, rock excavation and
cleanup are general items of work which fall in the category
of subsidiary work.
C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be
allocated under various bid items in the Proposal to establish
unit prices for miscellaneous placement�of material. These
materials shall be used only when directed by the Engineer,
depending on field conditions. Payment for miscellaneous
placement of matzrial will be made for only that amount of
material used, measured to the nearest one-tenth unit.
Payment for miscellaneous placement of mat2rial shall be in
accordance with the General Contract Documents regardless of
the actual amount used for the project.
C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a
copy of all specifications, plans, addenda, modifications,
shop drawings and samples at the site, in good order and
annotated to silow all changes made during the construction
process. These shall be delivered to Engineer upon completion
of the work.
C8-8 (5)
ITEM
D-1
D-2
D-3
D-4
D-5
D-6
D-7
D-8
D-9
D-10
D-11
D-12
D-13
D-14
D-15
D-16
D-17
D-18
D-19
D-20
D-21
D-22
D-23
D-24
D-25
D-26
D-27
D-28
D-29
D-30
D-31
D-32
D-3 3
D-34
D-35
D-36
D-37
D-3 8
D-39
D-40
D-41
D-42
PART D - SPECIAL CONDITIONS
TABLE OF CONTENTS
TABLE OF CONTENTS
General
Project Designation
Right To Audit
Project Signs
Wage Rates
Substitutions
Concrete Sidewalk and Driveway Replacement
2:27 Concrete
Pavement Repair (E2-19)
Pavement Repair in Parking Area
Minority/Women Business Enterprise Compliance
Interpretation and Preparation of Proposal
Bonds (City Let Projects) �
Barricades, Warnings and Flagmen
Disposal of SpoillFill Material
Temporary Erosion, Sediment, and Water Pollution Control
Scope of Work
Contractor's Responsibility
Contract Time
Traffc Control
Required Crew Personnel & Equipment
Time Allowed For Utility Cuts
Liquidated Damages
Paving Repair Edges
Trench Backfill
Clean-Up
Property Access
Submission of Bids
Standard Base Repair for Unit I
Concrete Base Repair for Units II & Unit III
2 to 9 Inch H.M.A.C. Pavement
Reinforced Concrete Pavement Or Base
Curb On Concrete Pavement
Adjust Water Valve Boxes, Manholes, and Vaults
Maintenance Bond
Insurance
Brick Pavement
Workers' Compensation Insurance
Lime Stabilized Subgrade
Cement Stabilized Subgrade
Repair of Storm Drain Structures
Samples and Quality Control Testing
ITEM
D-43
D-44
D-45
D-46
D-47
D-48
D-49
D-50
D-51
D-52
D-53
D-54
D-55
D-56
D-57
D-58
D-59
D-60
D-61
D-62
D-63
D-64
D-65
D-66
D-67
D-68
L
PART D - SPECIAL CONDITIONS
TABLE OF CONTENTS
TABLE OF CONTENTS
Protection of Trees, Plants, and Soil
Payment
Standard Street Specifications
"Quick-Set" Concrete
Utiliry Adjustment
Standard Concrete Sidewalk and Wheelchair Ramps
Limits of Concrete Pavement Repair
Concrete Curb and Gutter
H.M.A.C. More Than 9 Inches Deep
Asphalt Driveway Repair
Top Soil
Water Meter and Meter Box Relocation and Adjustment
Bid Quantities
Work in the Highway Right of Way
Concrete Manhole Collar
Manhole Inserts
Crushed Limestone (Flex-Base)
Options to Renew
Non-exclusive Contract
Concrete Valley Gutter
Traffic Buttons
Pavement Striping
Project Clean-up
Contractor's Responsibility for Damage Claims
Public Notification Prior to Beginnulg Construction
Asphalt-Only Repairs
PART D - SPECIAL CONDITIONS
D-1 General:
Subject to modifications as herein contained, the Fort Worth Water Department's General
Contract Documents and Specifications, effective July l, 1978, with the latest revisions
are made a part of the Contract Documents for this project. The Plans, Special Conditions
and Provisions Documents, and the rules, regulations, requirements, instructions, drawings
or details referred to by manufacturer's name, number or identification included therein as
specifying, referring or implying product control, performance, quality, or other shall be
binding upon the Contractor. The specifications and drawings shall be considered
cooperative; therefore, work or material called for by one and not shown or mentioned in
the other shall be accomplished or furnished in a faithful manner as though required by all.
The order or precedence in case of conflicts or discrepancies between various parts of the
Contract Documents subject to the ruling of the Engineer shall generally, but not
necessarily, follow the guidelines listed below:
1. Plans
2. Contract Documents
3. General Contract Documents and Specifications
The following Special Conditions shall be applicable to this project and shall govern over
any conflicts with the General Contract Documents under the provisions stated above.
D-2 Project Desi�nation:
Construction under these Special Documents shall be performed under the Fort Worth
Water Department Project Designations:
Water Project Number PW53-060530176040,
Sewer Project Number PS58-070580175390
D-3 Ri�ht To Audit:
RIGHT TO AUDIT: Part C- General Conditions, Section C8-8
MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following:
"C8-8.14 RIGHT TO AUDIT:
(a) Contractor agrees that the City shall, until the expiration of tl�ree (3) years after final
payment under this contract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of the Contractor involving
transactions relating to this contract. Contractor agrees that the City shall have access
during normal working hours to all necessary Contractor facilities and shall be provided
adequate and appropriate workspace in order to conduct audits in compliance with the
D-1
provisions of this section. The City shall give contractor reasonable advance notice of
intended audits.
(b) Contractor further agrees to include in all its subcontracts hereunder a provision to the
effect that the subcontractor agrees that the City shall, until the expiration of three (3)
years after final payment under the subcontract, have access to and the right to examine
and photocopy any directly pertinent books, documents, papers and records of such
subcontractor, involving transactions to the subcontract, and further, that City shall
have access during normal working hours to all subcontractor facilities, and shall be
provided adequate and appropriate workspace, in order to conduct audits in compliance
with the provisions of this article. City shall give subcontractor reasonable advance notice
of intended audits.
(c) Contractor and subcontractor agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse the Contractor for the cost of copies
as follows:
1. 50 copies and under - 10 cents per page
2. More than 50 copies - 85 cents for the first page plus
fifteen cents for each page thereafter.
D-4 Project Si�ns:
Project Signs are required at all locations which will be under construction for more than
thirty (30) calendar days as indicated in Part B Proposal. Project Signs shall be in
accordance with Figure 30 (dated 8-28-89) of the General Contract Documents. The
signs may be mounted on skids or on posts. The engineer shall approve the exact
locations and methods of mounting. Any and all costs for the required materials, labor,
and equipment necessary for the furnishing of Project Signs shall be considered as a
subsidiary cost of the project and no additional compensation will be allowed.
D-5 Wa�e Rates:
The labor classifications and miniinnum wage rates set forth herein have been
predetermined by the City Council of the City of Fort Worth, Texas, in accordance with
statutory requirements, as being the prevailing classifications and rates that shall govern on
all work performed by the Contractor or any sub-contractor on the site of the project
covered by these Contract Documents. In no event shall less than the following rates of
wages be paid. (Attached).
D-6 Substitutions:
The specifications for materials set out the minimum standard of quality, which the City
believes necessary to procure a satisfactory project. No substitutions will be permitted
until the Contractor has received written permission of the Engineer to make a substitution
D-2
for the material, which has been specified. Where the term "or equal," or "or approved
equal" is used, it is understood that if a material, product, or piece of equipment
bearing the name so used is furnished it will be approvable, as the particular trade name
was used for the purpose of establishing a standard of quality acceptable to the City. If a
product of any other name is proposed for use, the Engineer's approval thereof must be
obtained before the Contractor procures the proposed substitute. Where the term "or
equal," or "or approved equal" is not used in the specifications, this does not
necessarily exclude alternative items or material or equipment which may accomplish the
intended purpose. However, the Contractor shall have the full responsibility of proving
that the proposed substitution is, in fact, equal, and the Engineer, as the representative of
the City, shall be the sole judge of the acceptability of substitutions. The provisions of this
sub-section as related to "Substitutions" shall be applicable to all sections of these
specifications.
D-7 Concrete Sidewalk and Drivewa.y Replacement:
At locations in the project where mains are required to be placed under existing sidewalks
and/or driveways, such sidewalks andlor driveways shall be completely replaced for the
full existing width, between existing construction or expansion joints with 3000# concrete
with reinforcing steel on a sand cushion in accordance with City of Fort Worth
Transportation/Public Works Department Standard Specifications for Construction, Item
504.
At locations where mains are required to be placed under e�sting curb and gutter, such
curb and gutter shall be replaced to match type and geometry of the removed curb and
gutter and shall be installed in accordance with City of Fort Worth Public Works
Department Standard Specification for Construction, Item 502.
Payment for cutting, backfill, concrete, forming materials and all other associated
appurtenants required, shall be included in the price bid.
D-8 2:27 Concrete:
Transportation and Public Works Department typical Sections for Pavement and Trench
Repair for Utility Cuts Fig's 1 through 5 refer to using 2:27 Concrete as base repair. Since
this call-out includes the word "concrete", the consistent interpretation of the
Transportation Public Works Department is that this ratio specifies two (2) sacks of
cement per cubic yard of concrete. With the exception of the cement content, all other
requirement shall meet or exceed Transportation and Public Works Department
standard specification Item 406 Class D Concrete.
D-9 Pavement Repair (E2-19):
(E2-19): The unit price bid under the appropriate bid item of the proposal shall cover all
cost for providing pavement repair equal to or superior in composition, thickness, etc., to
D-3
e�cisting pavement as detailed in the Public Works Department typical sections for
Pavement and Trench Repair for Utility cuts, Figures 1 through 5.
All required paving cuts shall be made with a concrete saw in a true and straight line on
both sides of the trench, a miniinum of twelve (12) inches outside the trench walls. The
trench shall be backfilled and the top nine (9) inches shall be filled with required materials
as shown on paving details, compacted and level with the iuushed street surface. This
finished grade shall be maintained in a serviceable condition until the paving has been
replaced. All residents' driveways shall be accessible at night and over weekends.
It has been determined by the Transportation and Public Works Department that the strip
of e�.sting HMAC pavement between the e�.sting gutter and the edge of the trench
pavement repair will not hold up if such strip of e�sting pavement is two (2) feet or
less in width.
Therefore, at the locations in the project where the trench wall is three (3) feet or less
from the lip of the e�sting gutter, the Contractor shall be required to remove the e�cisting
paving to such gutter. The pavement repair shall then be made from a minimum distance
of twelve (12) inches outside the trench wall nearest the center of the street to the gutter
line.
The pavement shall be replaced within a ma�mum of five (5) working days, providing job
placement conditions will permit repaving. If paving conditions are not suitable for
repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible
date.
A permit must be obtained from the Department of Engineering's Pertnit Desk by the
Contractor in conformation with Ordinance No. 3449 and/or Ordinance No. 792 to make
utility cut in the street. City Inspectors will inspect the paving repair after construction
of each water and/or sanitary sewer main replacement.
D-10 Pavement Repair in Parkin� Area:
The unit price bid under appropriate BID ITEM(S) of the Proposal shall cover all cost for
providing pavement repair equal to or superior in composition, thickness, etc., to e�sting
pavement. All required paving cuts shall be made with a concrete saw in a true and
straight line on both sides of the trench, a minimum of twelve (12) inches outside the
trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with
crushed limestone base material, compacted and level with the finished adjacent surface.
This finished grade shall be maintained in a serviceable condition until the paving has been
replaced.
D-11 Minority/Women Business Enterprise Compliance:
Reference Part C(General Conditions), Section C3-3.2 Entitled "NIINORITY BUSINESS
ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be
deleted in its entirety and replaced with the following:
Upon request, Contractor agrees to provide to Owner complete and accurate information
regarding actual work performed by a Minority Business Enterprise (MBE) and/or a
Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor
further agrees to pernut an audit and/or examination of any books, records or files in its
possession that will substantiate the actual work performed by an MBE and/or WBE. The
misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by the Contractor will be grounds for termination of the contract
and/or initiating action under appropriate federal, state or local laws or ordinances relating
to false statements; further, any such misrepresentation (other than negligent
misrepresentation) and/or cominission of fraud will result in the Contractor being
determined to be irresponsible and barred from participating in City work for a period of
time of not less than three (3) years.
D-12 Interpretation and Preparation of Proposal:
Part C- General Conditions, Section C2-2 INTERPRETATION AND PREPARATION
OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the
following:
C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is
delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his
representative at the official location and stated time set forth in the "Notice to Bidders."
It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper
place. The mere fact that a proposal was dispatched will not be considered. The Bidders
must have the proposal actually delivered. Each proposal shall be in a sealed envelope
plainly marked with the word "PROPOSAL," and the name or description of the project as
designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing
Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas
76102.
C2-2.8 WITHDRAWING PROPOSALS: ProposaLs actually filed with the Purchasing
Manager cannot be withdrawn prior to the time set for opening proposals. A request for
non-consideration of a proposal must be made in writing, addressed to the City Manager,
and filed with him prior to the time set for the opening of•proposals. After all proposals
not requested for non-consideration are opened and publicly read aloud, the proposaLs for
which non-consideration requests have been properly filed may, at the option of the
Owner, be returned unopened.
C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify
his proposal by telegraphic communication at any time prior to the time set for opening
proposals, provided such telegraphic communication is received by the Purchasing
D-5
Manager prior to the said proposal opening time, and provided further, that the City
Manager is satisfied that a written and duly authenticated confirmation of such telegraphic
communication over the signature of the bidder was mailed prior to the proposal opening
time. If such confirmation is not received within forty-eight (48) hours after the proposal
opening time, no further consideration will be given to the proposal.
D-13 Bonds (City Let Proiects):
Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make
the following revisions:
1. Pg. C3-3(3); the paragraph after paragraph C3-3.7d--Other Bonds should be revised
to read: No surety will be accepted by the Owner which are at the time in default or
delinquent on any bonds or which axe interested in any litigation against the Owner. All
bonds shall be made on the forms furnished by the Owner and the surety shall be
acceptable to the Owner. In order for a surety to be acceptable to the City, (1) the name
of the surety shall be included on the current U. S. Treasury List of Acceptable Sureties
[Circular 870], or (2) the surety must have capital and surplus equal to ten times the
amount of the bond. The surety must be licensed to business in the state of Texas. The
amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth
(1/10) of the total capital and surplus. If reinsurance is required, the company writing the
reinsurance must be authorized, accredited, or trusted to do business in Texas.
2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph a.
COMPENSATION 1NSURANCE.
3. Pg. C3-3(6), Paragraph C3-3.11 INSLJRANCE delete subparagraph g. LOCAL
AGENT FOR INSURANCE AND BONDING.
D-14 Barricades, Warnin�s and Fla�men:
Reference Part C- General Conditions, Section C6-6.8 BARRICADES, WARNINGS
AND WATC�-IlvIEN:
1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the
word flagmen.
2. In the first paragraph, lines five (5) and si�c (6), change the phrase take all such other
precautionary measures to take all reasonable necessary measures.
D-15 Disposal of SpoiUFill Material:
Prior to the disposing of any spoiUfill material, the contractor shall advise the Director of
the Department of Engineering, acting as the City of Fort Worth's Flood Plain
Administrator ("Adininistrator"), of the location of all sites where the contractor intends to
��
dispose of such material. Contractor shall not dispose of such material until the proposed
sites have been determined by the Administrator to meet the requirements of the Flood
Plain Ordinance of the City of Fort Worth (Ordinance No. 11517). All disposal sites must
be approved by the Administrator to ensure that filling is not occurring within a flood plain
without a permit. A flood plain permit can be issued upon approval of necessary
engineering studies. No fill permit is required if disposal sites are not in a flood plain.
Approval of the contractor's disposal sites shall be evidenced by a letter signed by the
Administrator stating that the site is not in a known flood plain or by a Flood Plain Fill
Permit authorizing fill within the flood plain. Any expenses associated with obtaining the
fill permit, including any necessary engineering studies, shall be at contractors' expense. In
the event that the contractor disposes of spoiUfill material at a site without a fill permit or
a letter from the Adininistrator approving the disposal site, upon notification by the
Director of the Department of Engineering, Contractor shall remove the spoiUfill material
at its expense and dispose of such materials in accordance with the Ordinances of the City
and this section.
D-16 Temporary Erosion, Sediment, and Water Pollution Control:
1 DESCRIPTION: This item shall consist of temporary soil erosion sediment and water
pollution control measures deemed necessary by the Engineer for the duration of the
contract. These control measures shall at no time be used as a substitute for the
perinanent control measures unless otherwise directed by the Engineer and they shall not
include measures taken by the CONTRACTOR to control conditions created by his
construction operations. The temporary measures shall include dikes, dams, berms,
sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch,
plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices.
2. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define
erodible earth and the authority to limit the surface area of erodible-earth material exposed
by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth
material exposed by excavation, borrow and to direct the CONTRACTOR to provide
temporary pollution-control measures to prevent contamination of adjacent streams, other
water courses, lakes, ponds or other areas of water impoundment. Such work may
involve the construction of temporary berms, dikes, dams, sediment basins, slope drains
and use of temporary mulches, ma.ts seeding or other control devices or methods directed
by the Engineer as necessary to control soil erosion. Temporary pollution-control
measures shall be used to prevent or correct erosion that may develop during construction
prior to installation of permanent pollution-control features, but are not associated with
permanent control features on the praject.
The Engineer will limit the area of preparing right of way, clearing and grubbing,
excavation and borrow to be proportional to the CONTRACTOR'S capability and
progress in keeping the fuush grading, mulching, seeding, and other such permanent
pollution-control measures current in accordance with the accepted schedule. Should
seasonal conditions make such limitations unrealistic, temporary soil-erosion-control
D-7
measures shall be performed as directed by the Engineer. The amount of surface area of
erodible-earth material exposed at one time shall not exceed 750,000 square feet for each
excavation operation, 750,000 square feet for each material source operation (other than
from commercially operated sources), 750,000 square feet for each preparing of right-of-
way operation or 750,000 square feet for each clearing and grubbing operation, unless
otherwise shown on the plans or with prior approval by the Engineer in writing.
The CONTRACTOR shall aLso conform to the following practices and controls. All
labor, tooLs, equipment and incidentals to complete the work will not be paid for directly
but shall be considered as subsidiary work to the various items included in the contract.
(a). Waste or disposal areas and construction roads shall be located and constructed in a
manner that will minimi�e the amount of sediment entering streams.
(b). Frequent fordings of live streams will not be permitted; therefore, temporary bridges
or other structures shall be used wherever an appreciable number of stream crossings are
necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment
shall not be operated in live streams.
(c). When work areas or material sources are located in or adjacent to live streams, such
areas shall be separated from the stream by a dike or other barrier to keep sediment from
entering a flowing stream. Care shall be taken during the construction and removal of
such barriers to minimi�e the muddying of a stream.
(d). All waterways shall be cleared as soon as practicable of falsework, piling, debris or
other obstructions placed during construction operations that are not a part of the finished
work.
(e). The CONTRACTOR shall take sufficient precautions to prevent pollution of streams,
lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials.
He shall conduct and schedule his operations so as to avoid or minimi�e siltation of
streams, lakes and reservoirs and to avoid interference with movement of migratory fish.
3. SUBMITTAL: Prior to the start of the applicable construction, the CONTRACTOR
shall submit for approval his schedules for accomplishment of soil-erosion-control work
and his plan to keep the area of erodible-earth material to a minimum. He sha.11 also
submit for acceptance his proposed method of soil-erosion control on construction and
haul roads and material sources and his plan for disposal of waste materials. No work
shall be started until the soil-erosion control schedules and methods of operations have
been reviewed and approved by the Engineer.
4. MEASiTREMENT AND PAYMENT: All work, materials and equipment necessary to
provide temporary erosion control shall be considered subsidiary to the contract and no
eatra pay will be given for this work.
�:
D-17 Scope of Work:
The work covered by these Specifications consists of the paving repair over utility cuts
which have been backfilled previously by the City Water Department, as indicated by the
details and possible adjacent areas damaged by blowout, etc. Included in this work will be
the removal of the existing material in order to insure a paving section in conformity with
e�.sting pavement or the appropriate detail shown in this document as directed by the
engineer and all other miscellaneous items of construction to be performed as outlined in
the specifications, which are necessary to satisfactorily complete the work.
Total quantities given in the bid proposal may not reflect actual quantities; however, they
are given for the purpose of bidding and awarding the contract. Final payment will be
based on actual measured quantities and the unit price bid in this proposal.
There will not be a direct payment for saw cutting the existing asphalt or concrete,
compacting the existing subgrade or removal of the e�sting material. These items will be
considered as subsidiary to the contract. The contractor will be required to maintain a
capping course of hot m�-cold lay asphalt in areas where traffic has whipped out washed
rock, until the paving repair can be accomplished. These items will be considered as
subsidiary to the contract.
The Inspector will pick up the repair tickets by 8:00 a.m. Monday through Thursday. The
repair tickets will be issued to the contractor early the next day. Each repair ticket that is
issued shall be completed within fourteen (14) calendar da.ys. The fourteen (14)
calendar days for completion of the job begin the day after the contractor receives the
ticket. See special condition TIlVIE ALLOWED FOR UTILITY CUTS.
The Contractor shall identify to the Engineer possible locations for settlement of repaired
pavement due to backfill of ditch by others. As directed by the Engineer, the Contractor
shall remove and replace e�cisting backfill with washed rock.
The Water Department will estimate the necessary size of the pavement repair on each
ticket. Upon receipt of each ticket the Engineer shall determine, by measurement, the
required size of each repair. The Engineer prior to any repair wark shall approve all repair
sizes.
D-18 Contractor's Responsibilitv:
Contractor covenants and agrees to fully perform or cause to be performed, with good
faith and due diligence, and in accordance with standards common to the industry and
herein set forth in these Contract Documents which is hereby incorporated and made a
part of this contract, pavement repair to be ordered by the City at various times and to be
performed at various places by separate repair tickets. The City may designate pavement
to be repaired by furnishing to the Contractor a marked drawing, or street addresses
contained in a written order or by marking in the filed by paint or other means, or by any
or all combinations of said methods of designation. The Contractor agrees that no work
will be performed without written authorization from the individual designated in writing
by the Director of the Department of Engineering.
D-19 Contract Time:
It is understood and agreed that the scope of work contemplated in this contract is that
which is designated by the City as the need arises. It is further agreed that the term of this
contract is three hundred sixty-five (365) calendar days from the date of execution of
contract work order and the Contractor will accept no orders after the contract has
expired.
At the end of contract the Contractor will have twenty-one (21) additional calendar days
to complete work already ordered and fifteen additional calendar days to bill said work for
a total of thirty-s� days after contract termination to complete and bill work authorized
pursuant to this contract.
D-20 Traffic Control:
The Contractor shall be responsible for providing traffic control during the construction of
this project consistent with the provisions set forth in the "1980 Texas Manual on Uniform
Traffic Control Devices for Streets and Highways" issued under the authority of the "State
of Texas Uniform Act Regulating Traffic on Highways", codified as Article 6701d
Vernon's Civil Statues, pertinent sections being Section Nos. 27, 29, 30 and 31.
The Contractor shall execute this work in such a manner as to create a minimum of
interruption to traffic and pedestrian facilities and to the flow of vehicular and pedestrian
traffic within the project area.
Barricades, warning and detour signs shall conform to be the Standard Specifications for
street and storm drain construction, "Barriers and Warning and/or Detour Signs", Item
524, and/or as directed by Engineer.
The Contractor will not remove any regulatory sign, instructional sign, street name sign,
or other sign which has been erected by the City. If it is determined that a sign must be
removed to permit required construction, the Contractor shall contact the Transportation
and Public Works Department, Traffic Services Division (phone number 871-8100), to
remove the sign. In the case of regulatory signs, the Contractor must replace the
permanent sign with a temporary sign meeting the requirements of the above referenced
manual and such temporary sign must be installed prior to the removal of the permanent
sign. If the temporary sign is not installed correctly or if it does not meet the required
specifications, the permanent sign shall be left in place until the temporary sign
requirements or met. When construction work is completed to the e�ent that the
permanent sign can be re-installed, the Contractor shall again contact the Signs and
D-10
Markings Division to re-install the pennanent sign and shall leave his temporary sign in
place until such re-installation is completed.
D-21 Required Crew Personnel & Equipment:
The Contractor shall be required to furnish sufficient personnel and equipment capable of
completely finishing an average of fifty (50) utility cut tickets with an aggregate average of
750 S.Y. of permanent pavement repair each week.
D-22 Time Allowed For Utility Cuts:
The Contractor shall assist the Engineer in measuring each pavement repair before any
work is started.
A repair ticket will be issued for each utility cut after measurement and fourteen (14)
calendar days begu�rung the day after the ticket is issued will be allowed for final
completion of each utility cut. See also SCOPE OF WORK.
A calendar day is any day of the week or month, Sundays or legal holidays as defined on
Page C 1-1 (4) Section C 1-1.24 Calendar Days of Part C General Conditions.
D-23 Liquidated Dama�es:
Failure to complete work on time: The Owner and the Contractor agree that it will be
most difficult or impossible to ascertain the amount of damages that will be sustained by
the Owner if the Contractor faiLs to complete the work in the allotted time, but they both
agree that the Owner would sustain substantial damages in such event. Accardingly, if the
Contractor faiLs to complete the contract in the calendar days specified, a time charge sha.11
be made for each working day thereafter, not as a penalty but as liquidated dama.ges.
The contractor shall pay liquidated damages of twenty-five dollars ($25.00) per day per
ticket for each repair cut not completed within twenty-one (21) calendar days and
liquidated damages shall end on day that repairs are completed.
Should the amount otherwise due the Contractor be less than the amount of such
ascertained and liquidated damages, the Contractor and his surety shall be liable to the
City of such delivery.
D-24 Pavin� Repair Ed�es:
All paving repair edges shall be undamaged neat lines (by sawing or equal) and shall be
parallel or perpendicular to the centerline of the street.
D-25 Trench Backfill:
D-11
The Water Department shall place the pipe embedment and backfill with washed rock per
the following specification.
Washed Rock: All washed rock used for embedment ar as otherwise directed by the
engineer shall be washed gravel or washed crushed stone or washed crushed gravel and
shall meet the following gradation and abrasion:
Sieve Size
1-1/2"
1"
3/4"
3/8"
#4
Percent Retained
0-2
7-55
25-100
85-100
95-100
Los Angeles abrasion test: 50% Maximum wear per ASTM.
D-26 Clean-Up:
Final clean up work shall be done for this project as soon as the paving and curb and
gutter has been constructed. Contractor shall remove all excess cold rnix, washed rock
and debris from the street in the area of the repair. No more than seven days shall elapse
after completion of construction before the roadway and right-of-way is cleaned up to the
satisfaction of the Engineer. Refer also to Page CS-5 (8) Section CS-5.17 Clean-Up of
Part C General Conditions.
D-27 Property Access):
Access to adjacent property shall be maintained at all times unless otherwise directed by
the Engineer.
D-28 Submission of Bids:
The proposal sections of this special contract document is arranged to allow the Owner to
make payment based on size of repair. The Contractor is required to submit a bid on all
proposals Unit I, Unit II, Unit III, Unit IV, and V. Unit I will generally consist of small
patch, less than or equal to 200 square feet. Unit II will generally consist of inedium
patch, greater than 200 square feet and less than or equal to 1000 square feet. Unit III
will generally consist of large patches, greater than 1000 square feet. Unit IV will consist
of all sizes of repairs where only asphalt is required to make the repair complete (See D-
68 Asphalt-Only Repairs). Unit V will generally consist of items necessary for each size
Utility Cut Repair. The total low bidder, Units I, II, III, IV, and V is the apparent
successful bidder. If Contractor does not bid all five Units of the proposal, the bid will be
considered as "non-responsive" and will be rejected by the Water Department.
D-12
D-29 Standard Base Repair for Unit I:
Regardless of the e�sting pavement type, base repair for Unit I shall be either min. 8"
concrete base (see D-32, 2:27 Concrete Base) or min. 5" reinforced concrete base (see D-
22, Reinforced Concrete Pavement or Base) as directed by the Engineer. Any deviation
from standard repair shall be approved by the Water Department.
D-30 Concrete Base Repair for Units II & Unit IIL•
When concrete base is required for repairs > 200 square feet in area, the base repair shall
be either min. 8" concrete base (see D-32, 2:27 concrete base) or as min. 5" reinforced
concrete base (see D-22, Reinforced Concrete Pavement or Base) as directed by the
Engineer. Any deviation from standard repair shall be approved by the Water Department.
D-31 2 to 9 Inch H.M.A.C. Pavement:
These items will include the furnishing and placing of H.M.A.C. surface course as directed
by the Engineer.
For Specifications governing Type "D" H.M.A.C. see the 1982 Texas State Department of
Highways and Public Transportation, Spec. Item No. 340 "Hot M� Asphaltic Concrete
Pavement". H.M.A.C. is also covered under Spec. Item No. 312 in the Standard
Specifications for Construction, City of Fort Worth.
Subsidiary to the H.M.A.C. pavement shall be sawing, removal of asphaltic ma.terial,
gravel and excavation as shown on the details or as directed by the Engineer.
The removed surfacing shall be loaded into trucks upon removal and hauled away from the
job site as directed by the Engineer. In no case shall the removed surface be stockpiled on
the job site.
The following work method will be performed on each utility cut:
1. Place safety signs, barricades and/or other warning devices where necessary and as
required.
2. The e�sting asphalt pavement shall be saw cut into a square or rectangular shape a.nd
cut side faces vertically. The sawed asphalt pavement shall be a minimum of 1' outside the
utility cut area. •
3. Apply liquid asphalt tack to vertical faces and bottom of excavated area in a uniform
manner. Do not puddle tack coat on bottom of utility cut area. Do not apply tack coat to
washed rock.
4. Place H.M.A.C. surface mix in lifts not to exceed three (3) inches. Last or top lift shall
not be less than two (2) inches in thickness.
D-13
5. Each lift shall be thoroughly compacted with a plate compactor or portable vibratory
roller. Fifteen to twenty passes will be necessary with a vibratory roller and xni��
temperature above 250 F(121 C) to ensure a good compaction. Top ]ift when compacted
shall be approximately 1/8 inch above surrounding pavement.
6. Apply liquid asphalt around edges of patch along cold joints.
7. Clean up surrounding area. Do not leave excess fill or excavated material on the
pavement.
8. Remove safety signs, barricade and/or warnuig devices after job is complete.
Payment shall be made at the unit price per S.Y. as shown on the proposal and shall be full
compensation for furnishing all labor, materials, equipment tools and incidentals necessary
to complete the work.
D-32 Reinforced Concrete Pavement Or Base:
The following specifications are for the furnishing and placing of reinforced concrete
pavement or base as shown on detail and as directed by the Engineer.
General. Reinforced concrete pavement or base shall conform to Spec. Item 314 herein
except for finishing and curing.
Finishing. The reinforced concrete shall be brought to a uniform surface by working with
a wooden float. The surface shall be flush with the adjacent pavement and shall have a
finish similar to the surrounding pavement. The surface shall be even and shall provide a
smooth ride.
Curing. The reinforced concrete pavement surfaces shall be sprayed uniformly with a
membrane-curing compound conforming to the requirements of ASTM C-309, Type 2,
white-pigmented compound, which shall not produce permanent discoloration of the
concrete. Concrete shall be allowed to cure for seven days or test beams reach 500 PSI
before removal of barricades.
Included in this item will be the removal of the existing reinforced concrete pavement.
The existing pavement shall be sawed so as to maintain an even, straight pavement cut.
The e�sting reinforcing steel at sawed line and construction joints shall be lapped 18
inches with the new reinforced concrete pavement. The existing steel shall be thoroughly
cleaned before lapping.
The following work method will be performed on each utility cut:
D-14
1. Place safety signs, barricades and/or other warning devices where necessary and as
required.
2. Mark out the damaged area with keel, chalk line or paint being sure to include all areas
requiring repair.
3. Saw cut along marked lines a minimum of two (2) inches deep.
4. Remove e�ci.sting concrete.
5. Form joints and place reinforcing steel and Dowel Bars (as required) according to
standard specifications.
6. Place and finish concrete.
7. Clean up jobsite, removing all debris.
8. Maintain traffic control devices to protect area until concrete has cured seven days or
concrete reaches 500-PSI fle�ral strength.
Payment shall be made at the unit price per Square Yard as shown on the proposal and
shall be full compensation for furnishing all labor, materials, equipment tools and
incidentals necessary to complete the work.
D-33 Curb On Concrete Pavement: Standard Specification Item 502 shall apply
except as herein modified.
INTEGRAL CURB: Integral curb shall be constructed along the edge of the pavement as
an integral part of the slab and of the same concrete as the slab. The concrete for the curb
shall be deposited not more than thirty (30) minutes after the concrete in the slab.
SUPERIMPOSED CURB: Concrete shall have a minimum compressive strength of three
thousand (3,000) pounds per square inch at twenty-eight (28) days. The quantity of
mi�ug water shall not exceed seven (7) U.S. gallons per sack (941bs.) of Portland
Cement. The slump of the concrete shall not exceed three (3) inches. A minimum cement
content of five (5) sacks of cement per cubic yard of concrete is required.
PAYMENT: Payment shall be made for cutting and replacing curbs and gutters required
in this Project under the appropriate bid item and shall be in compliance with Public
Works Department standard requirement Item 502.
D-34 Adjust Water Valve Boxes, Manholes, and Vaults:
D-15
Contractor will be responsible for adjusting water valve boxes, manholes and vaults to
match new pavement grade. The unit price bid will be full payment for materials including
all labor, equipment, tools and incidentals necessary to complete the work.
D-35 Maintenance Bond:
A maintenance bond in the amount of one hundred percent (100%) of the contract amount
shall be furnished for a period of two years from the date of final acceptance of the work
will be required on this project.
D-36 Insurance:
Within ten (10) days of receipt of notice of award of contract, the Contractor must
provide, along with executed contract documents and appropriate bonds, proof of
insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury
-$250,000 each person, $500,000 each occurrence; Property Damage -$300,000 each
occurrence). The City reserves the right to request any other Insurance coverage as may
be required by each individual project.
D-37 Brick Pavement:
This item shall include:
1. Removal and salvage of e�sting brick pavers for the purpose of relaying, in such a
manner that no damage occurs during handling of the brick.
2. Supply additional brick pavers as necessary that meets size, shape and color of e�sting
brick, as approved by engineer.
3. Mortar bed shall be leveled to the desired elevation, as directed by Engineer and shall
not be disturbed in any way.
The mortar setting bed shall consist of:
a. 1 part Portland cement - ASTM C150, Type 1
b. 1/4 part hydrated lime by volume - ASTM C207, Type 5
c. 3 parts damp sand - ASTM G 144 (for high-bond mortar, gradation in accordance with
additive manufacturer's recommendation)
d. Add water to obtain stiff mix - water shall be potable quality
The dry joint filler shall consist of
a. 1 part Portland cement - ASTM C150, Type 1
b. 6 parts dry sand - ASTM G144
c. Do not add water
D-16
High bond mortar m� shall consist of
a. 1 sack Portland cement - ASTM C150, Type 1
b. 50 pounds workability additive -"A" Marble Dust by Armco Steel Corp., Piqua
Quarries, or Ute Dolomite Limestone by U.S. Lime Division of Flintkote Corp., or Micro
Fill No./2 by Pure Stone Co., of Marble Falls, Texas.
c. 3 1/4 cubic feet of sand - ASTM C-144
d. 4 gallons of high bond additive - Sarabond Liquid Mortar Additive by the Dow
Chemical Co.
e. Mix with water in accordance with High Bond Additive manufacturer's
recommendations
Concrete surfaces to receive pavers shall be dry, clean fee of oily or waXy films and firm
and level. Pavers with chips, cracks, or voids shall not be used. The setting bed mixture
shall be spread and screeded to a true plane and shall be limited to that amount that can be
covered with pavers before initial set.
For the work method see D-24 and follow items 1-9 where applicable.
D-38 Workers' Compensation Insurance:
A: Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the
Owner (City) a certificate showing that it has obtained a policy of workers compensation
insurance covering each of its employees employed on the project in compliance with state
law. No Notice to Proceed will be issued until the Contractor has complied with this
section.
B: Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each
and every subcontractor who will perform work on the project to provide to it a certificate
from such subcontractor stating that the subcontractor has a policy of workers
compensation insurance covering each employee employed on the project. Contractor will
not pernut any subcontractor to perform work on the project until such certificate has
been acquired. Contractor shall provide a copy of all such certificate to the Owner (City).
C. Workers Compensation Insurance Coverage
1. Definitions:
Certificate of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-
84), showing statutory workers' compensation insurance coverage for the person's or
entity's employees providing services on a project, for the duration of the project.
D-17
Duration of the Project. Includes the time from the beginnuig of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the
City.
Persons providing services on the project ("subcontractor" in section 406.096)-
includes all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees. This
includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other services related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, offce supply deliveries, and delivery of portable toilets.
2. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the
contractor providing services of the project, for the duration of the project.
3. The Contractar must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
4. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the City showing that coverage has been
e�ended.
5. The contractor shall obtain from each person providing
services on a project, and provide to the City:
(a) a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of
coverage showing e�ension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
6. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
D-18
7. The contractor shall notify the City in writing by certified mail or personal delivery,
within ten (10) days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project.
8. The contractor shall post on each project site a notice, in the te�, form and manner
prescribed by the Texas Worker's Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
9. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(a) provide coverage, based on proper reporting on the classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(b) 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;
(c) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing e�ension of coverage, if the coverage period
shown on the current certificate_ of coverage ends during the duration of the
project;
(d) obtain from each other person with whom it contracts, and provide to the
contractor:
(1) a certificate of coverage, prior to the other person beginnuig work on
the project; and
(2) 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;
(e) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter.
( fl notify the City in writing by certified mail or personal delivery, within ten (10)
days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
and
D-19
(g) contractually require each person with whom it contracts, to perform as
required by paragraphs (a) -(g), with the certificates of coverage to be provided to
the person for whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the City that all employees of the contractor
who will provide services on the project will be covered by worker's compensation
coverage for the duration of the project, that the coverage will be based on proper
reporting of classification codes and payroll amounts, and that all coverage agreements
will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the
Texas Worker's Compensation Commission's Division of Self-Insurance Regulation.
Providing false or misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties or other civil actions.
11. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the City to declare the contract void if the contractor does
not remedy the breach within ten days after receipt of notice of breach from the City.
D. Posting of Required Worker's Compensation Coverage. The contractor shall post a
notice on each project site informing all persons providing services on the project that they
are required to be covered, and stating how a person may verify current coverage and
report failure to provide coverage. This notice does not satisfy other posting requirements
imposed by the Texas Worker's Compensation Act or other Texas Worker's
Compensation Commission rules. This notice must be printed with a title in at least 30
point bold type and te� in at least 19 point normal type, and shall be in both English and
Spanish and any other language common to the worker population. The te� for the
notices shall be the following text, without any additional words or changes:
REQUIRED WORKER'S COMI'ENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by worker's compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity of
their employer or status as an employee".
"Call the Texas Worker's Compensation Commission at 512-440-3789 to receive
information on the legal requirement for coverage, to verify whether your employer has
provided the required coverage, or to report an employer's failure to provide coverage.
D-39 Lime Stabilized Sub�rade:
Upon the direction of the Engineer, the Contractor shall provide a lime stabilized
Subgrade or base in conformance with Specification Items 210 and 212 of the City of Fort
Worth's Transportation and Public Works Department's Standard Specifications for Street
D-20
and Storm Drainage Construction. Unless otherwise directed by the Engineer, lime shall
be applied at the ininimum rate of four pounds (4#) per square yard per inch
depth.
Payment shall be made by the square yard at the unit price bid for the quantity measured in
place and shall include all labor, equipment, material, and incidentals necessary to
satisfactorily complete the project. No payment shall be made for the hydrated lime as it
shall be considered subsidiary to the bid price for lime stabilization.
D-40 Cement Stabilized Sub�rade:
At the direction of the Engineer, the Contractor shall stabilize the subgrade or base
material with Portland Cement in conformance with Specification Item 214, Portland
Cement Treatment, in the Standard Specifications for Street and Storm Drain
Construction of the City of Fort Worth, Texas Transportation and Public Works
Department. Unless directed otherwise by the Engineer, Cement shall be applied at a
nunimum rate of five pounds (5#) per square yard per inch of depth.
D-41 Repair of Storm Drain Structures:
This pay item shall apply to all storm drain structures such as inlets, ivanholes, headwalls,
or other facilities which, in the opinion of the Engineer require repair.
The Contractor shall remove and replace the tops of e�sting drainage structures and a
portion of the walls of the structure as directed by the Engineer. The vertical reinforcing
steel bars in the walLs shall be cleaned of any concrete or dirt and exposed a minimum of
twelve (12) inches. New steel shall be used in the reconstruction of the walls and top.
No payment shall be made for manhole frames, lids, steps and other miscellaneous items of
construction, as they shall be considered subsidiary to the unit price bid for Repair of
Storm Drain Structures. Unless directed otherwise by the Engineer, the e�sting manhole
frames, lids, and other miscellaneous items may be reused.
Storm Drain Structure Repair shall be performed in conforinance with specification Item
444, "Manholes and Inlets", and Drawing No. S-SD 1 through S-SD20 of the City of Fort
Worth Transportation and Public Works Department's Standard Specifications for Street
and Storm Drain Construction and shall further apply to all storm drainage facilities of a
similar design and construction.
Payment for Repair of Storm Drain Structures shall be made by the cubic yard of concrete
required to reconstruct the structures as well as all steel, etc. in conformance with the
appropriate drawings.
D-42 Samples and Quality Control Testin�:
D-21
a. The Contractor shall furnish, at his own expense, certifications by a private laboratory
for all materials proposed to be used on the project, including a rnix design for any
asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and
crushed stone to be used along with the name of the pit from which the material was
taken. The Contractor shall provide manufacturer's certifications for all manufactured
items to be used in the project and will bear any expense related thereto.
b. Tests of the design concrete m� shall be made by the Contractor's laboratory at least
nine days prior to the placing of concrete using the same aggregate, cement, and
mortar which are to be used later in the concrete. The Contractor shall provide a
certified copy of the test results to the City.
c. Quality control testing of in-place material on this project will be performed by the City
at its own expense. Any retesting required as a result of failure of the material to meet
project specifications will be at the expense of the Contractor and will be billed at
commercial rates as determined by the City. The failure of the City to make any tests of
materials shall in no way relieve the Contractor of his responsibility to furnish materials
and equipment conforming to the requirements of the contract.
d. Not less than 24 hours notice shall be provided to the City by the Contractor for
operations requiring testing. The Contractor shall provide access and trench safety system
(if required) for the site to be tested, and any work effort involved is deemed to be
included in the unit price for the item being tested.
e. The Contractor shall provide a copy of the trip ticket for each load of fill material
delivered to the job site. The ticket shall specify the name of the pit supplying the fill
material.
D-43 Protection of Trees, Plants, and Soil:
All property along and adjacent to the Contractor's operations including lawns, yards,
shrubs, trees, etc. shall be preserved or restored, after completion of the work, to a
condition equal to or better tha.n e�sted prior to the start of work.
By ordinance, the Contractor must obtain a permit from the City Forester before any work
(trimming, removal, or root pruning) can be done on trees or shrubs growing on public
property including street Rights-of-Ways and designated alleys. This permit can be
obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance
with pruning standards for Class II Pruning as described by the National Arborist
Association. A copy of these standards can be provided by calling the above number.
Any damage to public trees due to negligence by the Contractor shall be assessed using
the current formula for Shade Tree Evaluation as defined by the International Society of
Arboriculture. Payment for negligent damage to public trees shall be made to the City of
Fort Worth and may be withheld from funds due the Contractor by the City.
D-22
To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees
shall be immediately sealed using a commercial pruning paint. This is the only instance
when pruning paint is recommended.
No separate payment will be made for any of the work involved for this item and all costs
incurred will be considered a subsidiary cost of the project.
D-44 Payment:
Because of the unique nature of this contract, C8-8.5 PARTIAL ESTIMATES AND
RETAINAGE of the General Conditions shall not apply and shall be superseded by the
following: (Please initial below)
Whenever the improvements prescribed by an individual Work Order have been
completed, the Contractor shall notify the Engineer. The Engineer or other appropriate
official of the Owner will, within a reasonable time, perform the inspections. If such
inspection reveals that the improvements are in an acceptable condition and have been
completed in accordance with the terms of the Contract Documents and all approved
modifications thereof, the Engineer will recommend acceptance of the work under that
particular Work Order and recommend payment therefore.
If the Engineer finds that the work has not been completed as required, he shall so advise
the Contractor in writing, furnishing him an itemized list of all known items which have
not been completed or which are not in an acceptable condition. When the Contractor has
corrected all such items, he shall again notify the Engineer that the improvements are
ready for inspection, and the Engineer shall proceed as outlined above.
Whenever the improvements prescribed by the individual Work Order have been
completed and all requirements of the Contract Documents have been fulfilled on the part
of the Contractor, an estimate showing the value of the work will be prepared by the
Engineer as soon as the necessary measurements, computations, and checks can be made.
The amount of the estimate will be paid to the Contractor after acceptance by the Water
Department Director, provided the Contractor has furnished to the Owner satisfactory
evidence of payment as follows: Prior to submission of the estimate for payment, the
Contractor shall execute an affdavit, as furnished by the City, certifying that all persons,
firms, associations, corporations, or other organizations furnishing labor andlor materiaLs
under that Work Order have been paid in full, that the wage scale established by the City
Council in the City of Fort Worth has been paid, and that there are no claims pending for
personal injury and/or property damages.
The acceptance by the Contractor of the individual payment as aforesaid shall operate as
and shall release the Owner from all claims or liabilities under the Contract for anything
done or furnished or relating to the work under that Work Order or any act or neglect of
said City relating to or connected with the Contract.
D-23
The rnaking of the payment by the Owner shall not relieve the Contractor of any
guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
Bidder's Initials ��
D-45 Standard Street Specifications:
All work involving paving and/or drainage shall conform to the two following published
specifications, except as modified herein:
STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN
CONSTRUCTION — CITY OF FORT WORTH
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION NORTH
CENTRAL TEXAS
D-46 "Quick-Set" Concrete:
In high traffic areas where the utility cut repair must be returned to service sooner than a
normal cure time will allow, the Contractor shall use concrete admixtures as outlined in
Item 422, "Concrete Admixtures" or ready made rriixes such as "Rapid Set" concrete mix
or approved equal. Any and all materials used shall conform to the above-mentioned Item
422.
Payment for quick set concrete shall be made at the unit price bid per CY as shown on the
proposal and shall be full compensation for furnishing all labor, materials, equipment,
tools, and incidentals necessary to complete the work.
D-47 Utility Ad_justment:
This item is included far the basic purpose of establishing a contract price which will be
comparable to the final cost of making necessary adjustments required due to utility cut
repairs to water, sanitary sewer, and natural gas service lines and appurtenances including
irrigation lines (sprinkler systems), etc. where such lines and appurtenances are the
property owner's responsibility to maintain. An arbitrary figure has been placed in the
Proposal; however, this does not guarantee any payment for utility adjustments, neither
does it confine utility adjustments to the amount shown in the Proposal. It shall be the
Contractor's responsibility to provide the services of a licensed plumber to make the utility
adjustments determined necessary by the Engineer. The Engineer will make no payment
for utility adjustments except those adjustments determined necessary. Should the
Contractar damage service lines due to his negligence, where such lines would not have
required adjustment or repair otherwise, the lines shall be repaired and adjusted by the
Contractor at the Contractor's expense. The payment to the Contractor for utility
D-24
adjustments shall be the actual cost of the adjustments plus ten percent (10%) to cover the
cost of bond and overhead incurred by the Contractor in handling the utility adjustments.
D-48 Standard Concrete Sidewalk and Wheelchair Ramps:
All applicable provisions of Standard Specification Item 504 "Concrete Sidewalks and
Driveways" shall apply.
The Contractor shall construct standard concrete sidewalk and wheelchair ramps as shown
in the details or as directed by the Engineer.
All concrete flared surfaces (wheelchair ramp wing or curb) shall be colored with
LITHOCHROME color hardener or equal. A brick red color, a dry-shake hardener
manufactured by L.M. Scofield Company or equal, shall be used in accordance with
manufacturer's instructions.
Contractor shall provide a colored sample concrete panel of one foot by one foot by three
inches dimension, or other dimensions approved by the Engineer, meeting the
aforementioned specification if needed. The sample, upon approval by the Engineer shall
be the acceptable standard to be applied for all wheelchair ramp construction. Surface
colaring shall be subsidiary to the unit price for this pay item.
The method of application shall be by screen, sifter, sieve or other means in order to
provide for a uniform color distribution.
D-49 Limits of Concrete Pavement Repair:
The following criteria will be used to determine the limits of concrete pavement repair for
this contract:
1. The minimum size of repair for concrete shall be 5'x 5'.
2. Whenever the limits of the repair are 8 feet or less from an adjacent joint of any type,
the replacement shall be e�ended to that joint.
3. Dummy joints shall be sawed across any panel where a construction joint intersects the
panel and a joint does not exist. All new joints (construction or dummy) shall be parallel
with existing joints.
4. Depending on the e�.sting longitudinal joint spacing and the limits of the damaged
pavement, the contractor may be required to e�end the replacement to the halfway point
of the panel. The determination shall be made by the inspector on a case-by-case basis in
order to assure uniform joint spacing.
D-25
Payment for all concrete pavement repairs shall be made at the unit price bid per square
yard as shown in the proposal and shall be full compensation for furnishing all labor,
materials, equipment, tools, and incidentals necessary to complete the work. However,
payment for sawcutting dummy joints in adjacent panels shall be made under the
appropriate bid item.
D-50 Concrete Curb and Gutter:
This item shall apply for the placement of concrete curb and gutter on H.M.A.C. paved
streets. Specification item no. 502 of the City of Fort Worth Transportation and Public
Works Department's Standard Specifications for Street and Storm Drain Construction
shall govern this item.
D-51 H.M.A.C. More Than 9 Inches Deep:
When H.M.A.C. greater than 9 inches in depth is encountered, it shall be replaced with a
combination of H.M.A.C. and 2:27 concrete base, as determined by the Engineer, to
achieve the required thickness of pavement.
D-52 Asphalt Driveway Repair:
At locations where H.M.A.C. driveways are encountered, such driveways shall be
completely replaced for the full extent of utility cut with H.M.A.C. equal to or better than
the existing driveway.
D-53 Top Soil:
Where directed by the Engineer, top soil shall be applied in accordance with the City of
Fort Worth Transportation and Public Works Department's Standard Specifications for
Street and Storm Drain Construction, Item 116, except as follows: All labor, equipment,
tools and incidentals shall be included in the square yard bid price for the top soil.
D-54 Water Meter and Meter Box Relocation and Ad.justment:
This item shall include raising or lowering an e�sting meter box to the parkway grade
specified No payment will be made for adjusting e�sting boxes which are within 0.001
feet of specified parkway grade. The unit price bid shall be full and sufficient payment for
all labor, equipment and materials used in the adjustment of the meter box.
D-55 Bid Quantities:
Bid quantities of the various items in the proposal are for comparison only and may not
reflect the actual quantities (see General Conditions C2-2.2 and C4-4.3). Moreover, there
is to be no limit on the variations between the estimated quantities shown and the actual
D-26
quantities performed or used. In particular, the Contractor shall be aware that it is the
City's intention that the quantities in Unit I be used on an "emergency" basis only.
Total quantities given in the bid proposal may not reflect actual quantities; however, they
are given for the purpose of bidding and awarding the contract. A contract in the amount
of $400,000 (see Options to Renew) shall be awarded with final payment based on actual
measured quantities and the unit price bid in this proposal. Moreover, there is to be no
limit on the variation between the estimated quantities shown and actual quantities
performed.
It is understood and agreed that the scope of work contemplated in this contract is that
which is designated by the City bit will in no case exceed $400,000 (see Options to
Renew) including all change orders.
D-56 Work in Hi�hway Ri�ht of Way:
When the Engineer directs the Contractor to perform work in the right-of-way which is
under the jurisdiction of the Texas Department of Transportation (Tex-Dot), the
Contractor shall obtain approval from the Texas Department of Transportation prior to
commencing any work therein. All work performed in the Tex-Dot right-of-way shall be
performed in compliance with and subject to approval from the Texas Department of
Transportation and Item E2-29.1 "Construction Within Highway Right-of-Way" of the
General Contract Documents and Specifications, effective July 1, 1978, as amended.
D-57 Concrete Manhole Collar:
At the direction of the Engineer, the Contractor shall provide a concrete manhole collar in
conformance with Figure 121 contained herein. Concrete manhole collars shall be
provided for both sanitary sewer manholes and for storm sewer manholes at the same cost.
Payment for concrete manhole collars shall be made per each installed in place at the unit
price bid and shall be full compensation for furnishing all labor, materials, equipment, tools
and incidentals necessary to complete the work.
D-58 Manhole Inserts:
At the direction of the Engineer, the Contractor shall provide a watertight insert. The
manhole insert shall fit in the manhole between the manhole lid and the manhole lid frame
and shall provide a watertight barrier which will prevent water from infiltrating into the
manhole.
Payment shall be made at the unit price bid in the proposal and shall be full compensation
for all labor, material, equipment, and incidentals necessary to complete the work.
D-27
D-59 Crushed Limestone (Flex-Base):
Crushed limestone required for use as a fle�ble base material shall conform to
Specification Item No. 208 of the Standard Specifications for Street and Storm Drain
Construction for the City of Fort Worth Transportation and Public Works Department.
D-60 Option to Renew:
The City has the right to renew this contract for three (3) one year termslexpenditures of
$400,000 under the same terms, conditions, and unit prices. The City shall give at least
si�y (60) days notice prior to the expiration of one year from the date of execution of this
contract or of an option period or a like notice at such time as there is less than $20,000
left unexpended.
D-61 Non-exclusive Contract:
THIS CONTRACT IS NON-EXCLUSIVE. DURING THE T�RM OF THIS
CONTRACT OR ANY RENE�VAL FIEREOF, THE CITY RESERVES THE
RIGFIT TO ADVERTISE AND AWARD ANOTHER CONTRACT FOR LIKE OR
SIMILAR WORK. IF A SECOND CONTRACT IS AWARDED, THE CITY
FURTHER RESERVES THE RIGHT TO ISSUE WORK ORDERS UNDER
EITHER CONTRACT AS IT DEEMS IN ITS BEST INTEREST, WITHOUT
RECOURSE.
D-62 Concrete Valley Gutter:
This item shall include the repair/replacement of existing concrete valley gutters as
directed by the Engineer. The proposed valley gutters will be constructed according to
the detail included in these documents as well as confornung to Specification Item No.
314 of the Standard Specifications for Street and Storm Drain Construction for the City of
Fort Worth Transportation and Public Works Department.
The umt price bid for this item shall be full compensation for all materials (including
applicable subbase), labor, equipment and incidentals necessary to complete the work.
D-63 Traffic Buttons:
The Contractor shall supply all materials and labor necessary to install traffic buttons of
the same type as were previously installed at locations designated by the Engineer. The
buttons to be supplied shall be generally, but not lirriited to Type W-4 and Type II C-R4
and installed with a Type III Epo�ry.
The unit price bid for this item shall be full compensation far all materials, labor,
equipment and incidentals necessary to complete the work.
D-28
D-64 Pavement Stripin�:
Pavement striping, whenever and wherever encountered, shall be replaced to match the
e�sting striping or as directed by the Engineer. Materials used shall be of 420 Type
intersection grade tape (in 18-inch width) such as Stamark as manufactured by 3M
company or approved equal.
The unit price bid for this item shall be full compensation for all materials, labor,
equipment and incidentals necessary to complete the work.
D-65 Pro.ject Clean-up:
The Contractor shall be aware that keeping the project site in a neat and orderly condition
is considered an integral part of the contracted work and as such shall be considered
subsidiary to the appropriate bid items. Clean up wark shall be done as directed by the
Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is
necessary, clean up sha.11 be done on a daily basis. Clean up work shall include, but not be
limited to:
• Sweeping the street clean of dirt or debris
• Storing excess material in appropriate and organized manner
• Keeping trash of any kind off of residents' property
If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the
ne� estimate payment (and all subsequent payments until completed) of the appropriate
bid item(s) will be reduced by 25%.
D-66 Contractor's Responsibility for Dama�e Claims:
Part C— General Conditions, Section C6-6.12 shall be revised to read as follows:
Contractor covenants and agrees to indemnify City's engineer and architect, and their
personnel at the project site for Contractor's sole negligence. In addition, Contractor
covenants and agrees to indeinnify, 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 anv such
iniurv, damaQe or death is caused, in whole or in part, bv the negli�ence or alleped
negli�ence of Owner, its officers, servants, or emvlovees. Contractor likewise covenants
and agrees to indemiufy 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 anv such iniurv or damage is caused in whole or in nart
bv the ne�ligence or alle�ed negli�ence of Owner, its ofrcers, servants or e»znlovees..
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 insurance carrier.
The Director may, if he deems it 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 Contract.
D-67 Public Notification Prior to Be�innin� Construction:
Prior to begiin�ing construction on any block in the project, the contractor shall, on a
block by block basis, prepare and deliver a notice or flyer of the pending construction to
the front door of each residence or business that will be impacted by construction. The
notice shall be prepared as follows: .
The notification notice or flyer shall be posted seven (7) days prior to beginnuig any
construction activity on each block in the project area. The flyer shall be prepared on the
Contractor's letterhead and shall include the following information: Name of Project,
DOE No., Scope of Project (i.e. type of construction activity), actual construction
duration within the block, the name of the contractor's foreman and his phone number, the
name of the City's inspector and his phone number and the City's after-hours phone
number. A sample of the `pre-construction notification' flyer is attached.
The contractor shall submit a schedule showing the construction start and finish time for
each block of the project to the inspector. In addition, a copy of the flyer shall be delivered
to the City Inspector for his review prior to being distributed. The contractor will not be
allowed to begin construction on any block until the flyer is delivered to all residents of the
block. An electronic version of the sample flyer can be obtained from the construction
office at 871-8306.
All work involved with the pre-construction notification flyer shall be considered
subsidiary to the contract price and no additional compensation shall be made.
D -68 Asphalt-Only Repairs:
At locations where the Water Department's crews have already saw-cut the paving repair
edges and installed the applicable base repair (2:27 concrete, reinforced concrete, etc.) the
Contractor will only be required to install the appropriate thickness of H.M.A.C. All
applicable provisions governing the placing of H.M.A.C. as stated in D-31 2 to 9 Inch
H.M.A.C. Pavement shall be followed.
Payment shall be made at the unit price per S.Y. as shown on the proposal and shall be full
compensation for furnishing all labor, materials, equipment tools and incidentals necessary
to complete the work.
D-30
Date:
(To be printed on Contractor's Letterhead)
DOE No: ��
PROJECT NAME:
MAPSCO LOCATION: <XXE>
LIlVIlTS OF CONST.: <Alpha St. between Beta Street and Gamma Ln.)
EsNmated Duration of Construction on your Street :<XX> days
THIS IS TO INFORM YOU THAT UlVDER A CONTRACT WITH
THE CITY OF FORT WORTH, OUR COMPANY WILL < REPLACE
WATER AND/OR SEWER LINES - RECONSTRUCT THE STREET>
ON OR AROUND YOUR PROPERTY.
CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS
FROM THE DATE OF THIS NOTICE.
IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY
OR ANY OTHER ISSUE, PLEASE CALL:
Mr. <CONTRACTOR'S SUPERINTENDENT> AT �I`ELEPHONE NO.>
�'
Mr. <CITY INSPECTOR> AT �I'ELEPHONE NO.>
AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970
PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL.
D-31
CITY OF FORT WORTH
HIGHWAY CONSTRUCTION
PREVAILING WAGE RATE FOR 2000
CLASSIFICATION HOURLY RATE
Asphalt Raker
Asphait Shoveler
Batching Plant Weigher
Carpenter (Rough)
Concrete Finisher-Paving
Concrete Finisher Helper (Paving)
Concrete Finisher-Structures
Flagger
Form Builder-Structures
Form Setter-Paving & Curbs
Form Setter-Structures
Laborer-Common
Laborer-Utility
Mechanic
Servicer
Pipe Layer
Pipe Layer Helper
Asphalt Distributor Operator
Asphalt Paving Machine Operator
Concrete Paving Saw
Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 CY)
Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 CY)
Front End Loader (2 1/2 CY & less)
Front End Loader (over 2 1/2 CY)
Milling Machine Operator
Mixer
Motor Grader Operator (Fine Grade)
Motor Grader Operator
Pavement Marking Machine
Roller, Steel Wheel Plant-Mix Pavements
Roller, Steel Wheel Other Flatwheel or Tamping
Roller, Pneumatic, Self-Propelled Scraper
Traveling Mixer
Reinforcing Steel Setter (Paving)
Truck Driver-Single Axle (Light)
Truck Driver-Tandem Axle Semi-Trailer
Truck Driver-Lowboy/Float
Truck Driver-Transit Mix
Truck Driver-Winch
L.
$10.32
$9.75
$9.65
$13.64
$10.16
$9.70
$13.44
$7.00
$13.44
$10.25
$9.75
$7.64
$8.64
$13.25
$10.13
$7.35
$6.75
$11.45
$11.09
$10.53
$10.00
$11.52
$9.94
$9.32
$8.00
$11.00
$12.31
$13.75
$11.00
$9.88
$12.12
$8.02
$10.00
$9.75
$8.00
$10.22
$10.54
$10.63
$9.80
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8-�4 REBARS TYP.
USE 3a�0� CLASS
A CONCRETE.
►,
CONC. COLLAR-
HEIGHT VARIES
PVNT. P�NT.
` 2.' 27,
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CASE 1 CASE 2
CASE !
COLLslR SHALL EXTEND TO
TOA OF 2.• 27 CONCRETE
(REBAf� REO. J
DI�9 T
4.0'
3" TYP.
A
3/4" CHAMFER TYP.
. ., �
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� HEIGHT VARIES
CASE 2 �
COL L AR SNAL L EXTENO 3' BEL 01✓
BOTTOH OF LOh'EST GRADE RING
(REBAf� REO. f
SECTION A
� � FIGURE 121
� CONCRETE MANHOLE COLLAR
D E T A I L Ei-20, 21 MATERIAL
E2-20,21 CONS?RUCTION
5/18/90
�/n�/q�
GENERAL CONSTRUCTION NOTES
1. Applicable design and details shall conform to "General Contract Documents and
Specifications for Water Department Projects" (GCD) effective July 1, 1978, with the
latest revisions.
2. All horizontal blocking, cradle blocking, and vertical tie-down blocking to be in
accordance with Fig.(s) 9, 10, and 11 of the GCD.
3. Fire hydrants shall be located a minimum of 3'-0" behind the face of curb per Fig. 5
GCD.
4. All gate valve installations for sizes up to 12" are to be per Fig. 3 GCD and sizes 16"
and larger Fig. 4 GCD.
5. The proposed water and/or sewer mains at times will be laid close to other e�sting
utilities and structures both above and below the ground. The contractor shall make
necessary provisions for the support and protection of all utility poles, fences, trees,
shrubs, gas mains, telephone cables, TLT cables, drainage pipes, utility services, and all
other utilities and structures both above and below the ground during construction. It
is the contractor's responsibility to notify all utility owners prior to any construction in
the area and verify the actual location of all buried utilities that may or may not be
shown on the plans. The contractor shall preserve and protect all underground and
overhead facilities and be responsible for any damage he may cause to them.
The Contractor shall contact the following @ least 48 hours prior to excavating at each
location:
Fort Worth Water Department Field Operations
Fort Worth Transportation & Public Works
Light and Signal Division
Lone Star Gas Company
Texas Utility Service Company
Southwestern Bell Telephone Company
Texas One Call-Fiber Optics Location
(MCI, AT&T, Sprint, etc.)
Marcus Cable T.V.
871-8296
871-8100
Metro (214) 263-3444
336-2328
Enterprise 9800
1-800-245-4545
737-4731
6. Contractor shall verify the elevation, configuration, and angulation of e�cisting line
prior to construction of tie-in materials. Such verification shall be considered as
subsidiary cost of project and no additional compensation will be allowed. Elevation
adjustments at connections may be made with bends, offsets, or joint deflections. All
nonstandard bends shall be made using the closest standard M.J. fittings with the
required joint deflections.(deflections not to exceed manufacturer's deflection per joint)
7. Contractor shall keep at least one lane of traffic open at all times during construction
and access to all places of business and residence at all times.(reference C6-6 :5 GCD)
8. No excavated materials, backfill materials, equipment, or supplies shall be stored
within floodways or drainage easements.(reference C6-6.6 GCD)
9. Trenches which lay outside existing or future pavements shall be backfilled above the
top of the embedment with Type "C" backfill material. When Type "C" backfill
material is not suitable, at the direction of the Engineer, Type "B" material shall be
used. All backfill material shall be compacted to a minimum of 90% proctor density
by means of tamping only. Trenches which cross under e�sting or future pavement
shall be backfilled per Fig. "A" with 95% proctor density by jetting, tamping, or a
combination of such methods.
l O.Rim elevations of the proposed sanitary sewer manholes in repaved streets are shown
as final fuushed grades in these plans. They shall be constructed to 15" below final
finished grade by utility contractor and adjusted by paving contractor in accordance
with Fig. M of the special contract documents. Concrete collars shall be installed
where indicated on the plans per Fig. 121 of the special contract documents. Manhole
inserts shall be installed in all standard four foot and standard four foot drop access
manholes per E-100-4 of the special contract documents. Standard four foot diameter
manholes shall be in accordance with section E2A, Fig. 103 and Fig. 104 GCD,
standard four foot drop access manholes per Fig. 107 GCD, and shallow manholes per
Fig. 106 GCD.
11.The top of the water lines shall be a ininimum of 3'-6" below the top of the curb for
12" and smaller mains except where otherwise shown on these plans.
12.All water meters shall be placed or relocated 3'-0" behind the face of the proposed
curb or as directed by the Engineer.
13.All existing water services shall be replaced with 1" minimum copper tubing unless a
larger size is indicated on the plans. Corporation stops shall be fully opened prior to
trench backfill. Curb stops with lock wings shall be tested for full flow when the
system is pressure tested.
Extend 1" water services to those lots where no water services have been extended to.
Locate these services at normal locations or as directed by the Engineer.
a.The normal location of water service lines shall be 5' east or north of the center of
the property frontage.
b.For 40' or less lot frontage, all water services shall be placed 18" from the east or
south property line. ,
14.All sanitary sewer services encountered shall be replaced to the property line as
directed by the Engineer.
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TAa 7 �ein/aced conc�rte rol/ey sho//re�/oct llre >qv 7�a�! 1he paremeat,ril�i 1he remoinrn9
perlion o/povemcn! to 4e construcf�d /nclud/nD iuDDro4i 1re�o�mrnl, !n occoiDanc•
,rlJh !he lypico/ par�np seclion. Tb• conc���e ro/%y ri//L� por«a�0 occordinD lo
cily sJondordt for concrAlo curb and pullo� TkP coacr�f♦ tAoll b,r of iroshes
ond ic�oenod a���i�ofe �ifh o a�/n. or >/rs(JJaoc,ti of crmPnl pe� cubicyard
olccncra>s �,�ith a minimum compressive strength of 3,000 pounds per
square inch in seven days.
CO�ICR�' iE V� L L E Y DE %4 /L S
V
0
ATTENTION !
CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT
STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS
WHERE FEASIBLE. SEE FIGS. 58,59 & 60.
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OCTOB�R, 1492
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NOTES
11 C�AttS1fJN .IOIFIt IWD Sll.]C01� SEALp+G
gML.I �E SillSiDIARY TO UWT PR1CF )tD
I ibt SlOEYA�x.
t� T}E ACTl1�l lDifTt �' R£HQ�/K. � EXISt-
iWG CLJRD Mm GUTTfR MID SIDEVAU( �SIi�LI
. DE AS DTRECTED SY TFE ENGIt�E� W TFE
� � �� .
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8E MSTNLIED Qr B�lTH SIDES � T}E RNQ
DEP£tiD.1t1G Qi TNE f�E1D CQ�D1TiflM Ot At
D]RECTCD �Y hE [HGD'�ER.
4> CIR� R�S V1TH R£Tt�ZNED UJR?S FiAY 6E
USED YNER£ FEDESTRIMJS VDl�O NOT
�Rt�LLY VALK ACROSS TF� RA1P.
3� SI.OPC Ci Cl1Ri RJ4� At�lOR SIDEVhII(
St-tAt.l lE A Ii�IKIFRJM � 14E. FLARED
SIDES � RNP S�V+LL HAVE A W�X.tMM
SLOPE � �+Ia Ut�.ESS PEDESTRIM�S COUiI�
VALK ACRDSS TFE RMP TF��?J TI�E M4AXIM�1
SLOPE St4till IE 1�St
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STANDARD PAY LIMIT DETAIL
CITY �' Fd27 V�T1� TEXAS - CahISTRUCTION STANDARD
OCTOBER, 1992
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WJT i�Pt �iL �AYEJ�]dT
J�INT DETAIL
CITY OF FORT VQRTF{, TEXAS — COPISTRUCTIDt�1 STANDARD
OCTOBER, 1992
_ ��:. .
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i*, e o3�d Lerrc� st Tvp af Ga R#sc
- -..•- � . Skdca i� CL�r� .
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PerpcaQ3enlat Pnblic Sfdcaah G�t� FLa�p
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. Pxra7]al Pubtk Sidcsra.tY Ccu� �t
co��oa r`�
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s�Qr� c�t �
Fi,�. 159
2�ublic Sldewa,Ik G�rg �p�
ATTENTION !
CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT
STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS No.30
WHERE FEASIBI,E_ SEE FIGS. 58 �59 � 60. 7Q:2151
14.Z.Q �Scia]�.s Ways a.Bd itictlit3a� .
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]-'!� Gop��qrt O 19'4: tr�j Trs D�reau d W-DOr�ml /Ula�'�., hG � 111
ATTENTION !
CURB RAMPS SHALL BE CONSTRUCTED PERPENDICULAR TO THE CURB AT
STREET CROSSINGS WITH LANDINGS IN LIEU OF DIAGONAL CROSSINGS
WHERE FEASIBLE. SEE FIGS. 58�59 � 60.
- - - - � � -
:�. - - _
CITY � FC�ZT �1DS2T!{ TEXAS - C�NSTR�CTI�1 STA�RD
DCTD�R, �9'92
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CITY �' FORT V�2TK, TEXAS - CQJSTRUCTLDN STANDARD
DCTOE£R, ]992 -
0
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1 1/2' R CTYPJ
CITY OF FORT V�2T}{ TEXAS - C�STRtICT[Q?i STANDARD
OCTDBER, l9'92
1�48
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EXISTIt�G 2�' R
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. DC T 0 B�, 1992
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C1TY 0�' F�2T dORT}{ TEXAS - CCJ�tSTRUCTL��I STAHDAR.D
OCTDB�R 1992
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CURB RAMPS SHALL 6E CONSTRUCTEO PERPENOICULAR TO THE CURB AT
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41HERE FEASIB� SEE FIGS. 58�59 � 60, ' 70:2151
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SECTI O�J E SPtCI FI CATIO�VS
JaJUARY 1, 197d
A?1 materials, construction methods and procedures used in this project
shall conform to Sections E1, EZ, and E'LA of ihe Fort �orth Water �epartment
General Contract Documents and General Specifications, together with any
additional material specification(s), construction(s) or later revision(s).
(See revisions listed on this sheet). Sections E1, E2 and E2A of the
Fort Worth Water Uepartment General Contract Documents and General
Specifications are hereby made a part of this contract documant by reference
for all purposes, the same as if copies verbatim nerein, ana such Sections
are filed and kept in tne office of ti�e City Secretary of the City of
Fort Worth as an official record of the City of Fort Wortt�.
INDEX
E1 MATERIAL SPECIFICATIONS
E2 COi�STRUCTION SPECI FI CATI Oi�S
E2A GENERAL DESIGN DETAILS
Revisions as of April 'L0, 19�1, follow:
E1-2.4 Backfill: (Correct minimum compaction requirement to 95;� Procter density
an� correct P.I. values as follows:)
c. Additional backfill requirements when approved for use in
streets :
1. Type 6 Backfill
(c) Maximum plastic index (PI) shall be t�
'L. Type C �ackfill
(a) Material meeting requirements and having a PI of 8
or less sk�all be considered as suitable for comaac�-
i on by ;jptti ng
(b) Material meeiing requirement and having a PI of 9
or more si�all be considered for use only witi�
mec�tanical compaction -
EZ-2.11Trencl� �ackfill: (Correct minimum compaction requirement wherever it
appears in this section to 95'6 Procter dei�sity except for paragrapn a.l.
wtiere the "95% modified Proczer density" shall remain unchanged).
SECTION E1Q0 — MATERIAL SPECIFICATIONS
TERIAL STANDARD E100-4
JANUARY 1, 1978 (ADDED 5/13/90)
�1Q0-4 WATERTIGHT MANHOLE INSERTS
,�1Q0-4.1 GENERAL: This standard covers the furnishing and installation of
watertight gasketed manhole inserts in the Fort Worth sanitary sewer collection
system.
E100-4.2 MATERIALS ANp DE�IGN;
a. The manhole insert shall be of corrosion—proof high density
polyethelene that meets or exceeds the requirements of ASTM D1248,
- Category 5, Type III.
b. -The minimum thickness of the manhole insert shall be 1/8".
c. �The manhole insert shall have a gasket that provides positive seal in
_ wet or dry conditions. The gasket shall be made of closed celi
neoprene rubber and meet the requirement of ASTM 01056, or equal.
d. The manhole insert shall have a strap for removing the insert. The
strap shall be made of minimum 1" wide vroven polypropalene or nylon
webbing, with the ends t�eated to prevent unravelling. Stainless
steel hardware shall be used to securely attach strap to the insert.
e. The manhole insert shall have one or more vent holes Qr valves to
, release gasses and allow water inflo�v at a rate no greater than 10
gallons per 24 hours.
E100-4.3 INSTALLATION:
a. The manhole frame shall be cleaned of all dirt and debris before
placing the manti�le insert on the rim. €
b. The manhole insert shall be fully seated around the manhole frame rim
to retard water from seeping between the cover and the tnanhole frame
rim.
E100 (1)
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY)
TM 4/09/01
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wm. Rigg Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
309 W. 7th St., Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ft. Worth, TX 76102
817-820-8100 INSURERS AFFORDING COVERAGE
INSURED INSURER A: A�l'12�ISUf2 If1SUf8nC8 CO
Westhill Construction, Inc.
Attn: Ted Reynolds INSURER B:
P.�. Box 2016 INSURERC:
Cleburne Tx 76033 INSURER D:
INSURER E:
COVERAGES
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 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OP INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
' LTR D TE DD Y D E M DD
Q GENERAL LIABILITY CPP1324096 Z/ZS/O� Z/ZH/OZ EACH OCCURRENCE S 1000000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) S 50000
CLAIMS MADE � OCCUR MED EXP (Any one person) $ 5000
PERSONAL & ADV INJURY S 1000000
GENERALAGGREGATE $ 2000000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2000000
POIICY X PR� LOC
JECT
/.� AUTOMOBILELIABILITY CA1324095 2/28/01 2/28/02
COMBINED SINGLE LIMIT g 1000000
X ANY AUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJURY S
SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY $
)( NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE UABILITY AUTO ONLY - EA ACCIDENT S
ANY AUTO OTHER THAN EA ACC S
AUTO ONLY: AGG S
Q EXCESS LIABIUTY CU1324097 2/2$/0� 2/28��2 EACH OCCURRENCE S 2000000
X OCCUR � CLAIMS MADE AGGREGATE S 2000000
S
DEDUCTIBLE S
)( RETENTION S 10000 $
� A WORKEflS COMPENSATION AND WC1324099 2/28�0� 2/28/02 X ORY LIMITS �ER
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT S 500000
E.L. DISEASE - EA EMPLOYEE S 500000
E.L. DISEASE - POLICY IIMIT 5 500000
A OTHER CPP1324096 2/28/01 2/28/02
Property If Applicable See Below
Covera e
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
PROJECT NAME: UTILITY CUT REPAIR CONTRACT 2001A.
PROJECT NUMBERS: PW53-060530176040 AND PS58-070580175390.
CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SHOUID ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF FORT WORTH, TEXAS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'I O DAYS WRITTEN
ATTN: MR. RADEMAKER NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
1000 THROCKMORTON STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
FORT WORTH� TX 76102 REPRESENTATIVES.
AU ORIZED REPRESENTAT E
ACORD 25-S (7/97) � ORD CORPORATION 1988
CONTRACTOR COMPLIANCE WITH
WORKERS' COMPENSATION LAW
Pursuant to V.T.C.A Labor Code Section 406.096, Contractor certifies that it provides workers'
compensation insurance coverage for all its employees employed on city of Fort Worth Project Number PW53-
060530176040 & PS58-070580175390
WESTHILL CONSTRUCTION, INC.
�OR
By: `'�".
ic=�l�
Title
�' lr G �2z�c� Y
Date
STATE OF TEXAS �
COUNTY OF TARRANT �
BEFORE ME, the undersigned autharity, on this day personally appeared�� �``��, ,
known to me be the person whose name is subscribed to the foregoing instrument, and acknowledged t me that he
executed the same as the act and deed of �pa,�1��� �����' �`����1 �r�e for the purpose and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this , I+h day of
�t . 20��_.
� `�.
Notary Public in nd for �
the State of Texas
��.-..-..-�.-._-..�..-.. -..�.-..-.. -..-..-..�. ,. �..-..�.-...�.-...-..-..�..-..-..-.�
1 ' � �' ' � �
r 1, . �. • • . �l
1•/�, � j
l . �� .� �• i c ii 1
�..�-..�.-..-•_-...��..-�� -`�..-..-,.-,:-��:.-�-..-... -..�,-��
A�tlantic Alliance
FIOELITY AND SURE7Y COMPANY
SURETY DISCT.OSYJRE STATEMENT AND CERTIFICATrON
T'arsuanE to N-j-S.A. 2A:44-143
Atlantic Alliance Fidelity and Surety Company, surety(ies) on the attached bond, hereby certifies(y)) the following:
I) The surety meet� the applicable capital and surplus requirements oE R,5.17:17-6 or 1Z.S.17:17-7 as of dte surety's most
current ai�nuai filing wiCh the NeFv Jersey Deparcmenc of Tnsurance.
2) The capital and surplus, as determined in accordance wilh the applicable laws oE this State, oE the surety(ies)
participarin� in ehe issuance oi the attached bond is (are) in the follo�ving amount(s) As of the calendar year ende3
December 31, 1999 which amounts have been certified as indicated by certified public accountants KPMG 1'eat
Marwick LLP, 757 Third Avenue, New York, NY 10017.
$urecv Companv
Atlantic Alliance rideliry and Surety Company
Ca�ital Surplus
$5,391,607.Q0
3) ��Yith respect to each surery pardcipating in the issuance of the a�ached bond Citat has received from the United S�tes
Secretary oE the Treasury a cerHficate of authority punuant Eo 31 U.S.C. 9?Q5, the underwridng limitation establisl�ed
therein and the date as of which t11at limitaEion was effective is as tollows:
4)
5�
Surefv CUmpanv
Allantic Alliance Fidelify and Surety Company
LimitA tion
�539,000
L�00,000.00
The amount of the bond Eo which ehis siatement and certiEication is attached is $_____--
Date
june 30, 2000
If, by virtue of one or more contraccs oF reinsurance, the amount of the boi�d indicated under item (4} above exceeds the
tolal underwriting limitation of all sureties on the bond as set forth in items (3)(a) or (3)(b) above, or boclz, rhen for each
such contract of reins�lronr.e:
a) The name and address of each sach reinsurer under that contract and the amount of that reinsur2nce
panc�ipation in hhe contract is as foilows: Limitation
NAC Reinsurance Corporation
One Greenivich Plaza
P.O. Box 2356&
Green�vid�, CI' U690�i-2350
Ceneral Reiiisurance Corporation
Financial Center, 695 East lvfain SlreeE
P.O. Box 10350
Sramford, CI' 06904-2350
50ia of any excess of loss
50°,6 of any eace�s o! loss
$ 3S °95,000
3316,574,000
;and
:
b) �ach surety that is party to any such conrcact of reinsurance cerdfic:s tllat esch reinsurcr listed under �t�zn
� (5)(a) salisfies the credil for reinsurance requirement establisl�ed under 1'.L.1993, c.243 (C.77:51B-1 et seq.) and
any applicable regulatians in effect as of the date on whidl tr�e bond to �vhich this sta[ement and certifica[ion
� is attached shall have been filed with the appropriate public agency.
CERTIFIC��TE
�, _ T�Clie �,h��"�� , as Attorney-in-fact for Atlantic Alliance Fidelity and Surery
Company, a G�rporation domiciled �n New Jersey, DO H�12�BY CERTIPY that, to the best of my knowledge, the foregoing
staEements made by me are true, and �CKN04VLEDGE that if any of tho -st'"at�nents are false, this bond is VO1D.
Je�t�i.e 11 i �ns , Attorney-in-Fact
20 da � of ,.._ Felx���v 20 01 �T'��>
Dated this )
t e filei\ da\ genadm\ n}.d i:ciosu rr.itud.dot
PF,RFt�RMANCE BOND
:�:�� ►►� �t 1�����1l�'l�
TFIE STATE OF TEXAS '
C�UNTY OF TARRANT
��iCa�1 qZ,T. MEN IIY THESE PRF.SBNTS: That «�e (;) WR9THILL CON51'R�IC`T`[�dN. tNC. a(?)
CORFU�'1'IUN of TFXAS, hereinaf�er c�ll Princip�l, and (3) t tic _ Fidelity �rl ���Y �Y
serporation organizad And existing under the 1��vs of �he State and iLAy aut?�ox�zzad t� transact busi�iess ui tlye State
of Tex�s, as 5urcty, ar� held and firmiy hound unto the City of Foct Wo�th, a Municipa! corporatian org�nized and
existin� under the laws uf tk�e State af Texas, hereinafter called Owner, in thc pcnal sum of;
���TR HUNDR�D THOiJSAND AND �tiO110U.,...,:.,,,,,� .........................................�.:....,........,...............
t�4pp.pQ� Dotlars in lawfitil money oi the Jnited States, to be paid in k'ort Worth, Tarrant �ounty, Texas, foK
the payrnent of which sum well and tru�y be r�ade, we hereby bind �urse'.ves. our heirs, exccutn?•s, ad��iinis�rators
and successors, jointly and severally, tirml7 by these presents.
THE Cc7�tDITION OF TH[S of: OBI.I.�iATT(�N is such that Wher�as, tho P'ri;�cipal tntcrcd irto a certain
contract wi�h thc City of Fatt W�rth, the Owner, dated the 20�. of Februarv, �o�t a cupy of �vhich is hereto
a�tached and ma�e a p�rt nexeof for the consuvct:au of:
UTiLITY CL'T 1t�PAIR �CONTF�AC'T 2001,�
desigr,ated as Project �°�nade a�an hereofas f�t�lyDa� d o the.�am�xtent as�if co�sd a len�tl�he� i�a�uch project
accached, referred to, an p
and Gonst�vction heing hereinafter referred to as the "work".
N�t�/ �`��;RFFC.7RF, ifthe Prineipal stiall well, truly, and faithfully p�rfarm the work u� accardance with
the ilans. s�ecitic�cians, anci contract documents c�uring ihe origsnai terrn thereof, a�id any extensions thr:rcaf witich
may be �ranted by the Owttcr, with or without noticc ta thc Surcty, and if he �hall sPtisfy ali daitn� and demands
incurred urtder such ce�ntract, and shai] fuliy indemnify and 5ave harmless the O:�nar 5�om alt c�s�s and damages
which it may sufter by reas�n of Failure to do so, and shaIl reimbursc and ropay t��e Owaer al1 outlay and expense
which die Qwner may incur in making �ocd any defautt, then this c�bfi�ation shall be void; other�vise to rerrein in
full forcz and efxect. �
„
._._..-. �-- , �,y1, , �;,; � � .. . . ,
[�AYMENT BONp
TI-iF S"1�ATE C�F TEXAS
CfJUN1"Y nF TA.RRANT
I:_�;�.� ►.� �: ��� •
KNdW At•t. MEN BY THESE PRESENTS: Th2t tve {i) WESTHILL CO[�STR.U+C`�tO�i. I;YC, a^)e
C�rporation � f� ,T�son Coucity, heirinaficr ca�LCd P�itxG+pal, and (3) At]�tic Al l i�rP i Pl i v��� �' �y
cvrpur�tion or�aniza d aTr d exis ting u n d e r t he l a w s a f t l z e S t a t e I` U a n d £ u i l y a a t h o r i� e d t o i r� u i sact busmess in the
State of'�exas, �s �urety, are held and firmly bound tinto the City of Fort �h'orth, a munici�al cnrpor�lion or;atrizcd
aud exisnng under t}��e laws of the State of Tex�s, hereinatter called Uwner, and i.u�to all person, fir�ns, and
corporations who may fitrnish maierials for, ox perform labor u�on, the building or improvements hereinafter
ze�'ezred to in the penat sum of :
............................,......................,.................,;..
�oUtt HUNDRED THOUSANn AHn r+��i cx� ................. _. ..
(�400,0OO.OQ) Doll�rs in lawful money af fhe tJnited Staces, t� bc psid in Fort WUtth; Tartant ��uuty, T�xas, for the
oAynzent of which swn wil( and lruiy be made, we hereby bind ourselves, our h�irs, zxecutor.s, adminisu•atc�rs and
succ�sso:s, jointly and severally, firmly to these preseats.
TF�F CnNDiTION OF THIS UBLIGATION is such that whereas, the Principa! entered into a ce.rtain
contract ��ith the C'it?' o� h'ore Worth, the 4wner, dated the 20� day oP Fehruarv A.D. , 200y, a copy of which is
heret� attac3yed and ��aade a part thereof, tor �he consideration of::
�tTIt.iTY C1JT RFPAiR CiiNTRACT 2001A
desiguafed as PCo,jec[ iv'o• (s) FW53-Of0*3017604(� & PSSS-070580175390, a cnFy af evhich is hereto attached,
referrod t� and made a part heteoi as fully an�' to thc ss�ccne extent as if copleti at length here��, such �roj�ct and
con5trucLian being heCeitlAfter refan•ed to as the "work”.
NOW TFiEREF4RE, ihe condit.ian qf this obligation is such that, iF th� Princtpal sha11 �ron�ptly make
paytnent to all claintants as detined in Chapter 2253, Texas Ciavernrnent Codc, supplying labar ujd materza�s in the
Frosecucion af the work provided for in said Contracc, tklen this ob1igation shall be. nult xnc� void, otherwise it shall
remain in fui! force rind af%cc,
F10
THE I�vNi7 tS MADF AN'D ENTERED into sofeiy for the protection of all claimants supplyin8 labor and
mflterial ity the prosecutinn ot tl�e work provided far in said Contract, as claimants are dafinad in said Chapter 2253,
and aiI SUCh C1ailnanLS shaS! havc a dfrect right of action under the bond as provide�i in Ciaapter 2253, Teaas
Oovenunent Code.
PRf�VtDED FC'ATHER, that if any tegai accion be filed upon this bond, ver.as shall lie in Tarrant County,
Taxas, State of Texas, tt�at the saici Surety, for value received, hereby stipalat2� and agrees that no eE�angc,
exter,si�n uf time, alteration or addition to the terms of the contract or to t3ie w•ork to ba per�onned there�tsder ar ilic
specification accompanyin� tha same shaq 'sn any wise affect its obligation on tliis bond, and it dc�es hereEy waive
notice of any such change, extensian of k[me, alteratien or addition to the t�m�s o� the cu�traet qr tn Lhe work to the
s�ecifl�ations.
PR4ViD�L� FLTRT�F.R, �hat na final settleinent oenveen the Chvner aud the Contractor shall abridge the
right of any beua�iciary hcrcunder whosa claim shall be unsatiafied,
jTi WITNESS WHEREOF, this instrument is exeauced in $ countzrparts, each one of which s.hall be
deamed an ori�inal, this th� 2t�� day of FcbrttArv A.D,, 20A1,
ATTE51':
(Principa3) Secretary
��Itl'r SS �5 t0 Pl'ltlCi}7ai
� � Address
,
A'i'TFST: „ Q
(,�-.,
(Surcty) Sccretary
(SFA L)
� �.
� �
,a�ess ss t �rety
W�STN! CONSTRUCTION, �NC,
PR1NC]
�Y; � �,�
Title: �` �`�'����
P4 BUX 201b
CLEBURNE„ TX ?b031 (SE�L)
(.�ddress}
Atl.�tic A71ia� Fideli �. S�e Can�my
Sur ' `
DY: . �.J```�
� '�{Attor7ey-in-i'act (5) Jeanie Wil l i �
8000 Midlant Dr. ,Ste 410�N, .Mt. T� mP� 1�LT 08054
(Address)
8000 Midl antic Dr. � S�.te 410 N}�l[.a�el, I�IT C�0.5�'+
(Address)
NOT�• �ate of Bond must not be prior to date
of contract
(1} Co�reccNameoPCantractor
(Z) A. Gorpnracl�n, a Partclarstlip or an
h�di�ridual, as casz may be
(3) Correct natne of Surety
(4) If contractor is Partncrship all
Parblers should execute L�ond
(5} A trve c�py oFYower of.Attox�ey
shall be attached ta Bond 6y
Atrosy�ey-in-Fact.
- -'- - . '. -
(Address�
MAINTENANCE �QNi�
:�� � • � � ��� •
THE S'�ATF OF TEXAS §
CQtJNTY OF TAR,R�,NT �
KN�W RT.I. MEN HY THES� PRESENiS: hai (: j WES'iHI�LL CQNSTRUCTION, INC. as
Yrincipal, act;ng herein bY and throu6h (2) �� _, .�._ at� ciu�v autharized
and (3)Atlanti� A11iamP Fic�Plitv arr3..S�tj� oration arganized under the
laws af the State of TEXAS, ag surety, do hereby acluiowled��'thcrnsclvcs to�be��d bound io pay unto the
City of Fort Worth, A Iti117lliCiu�� CorpoCBtiotl, charterad by virtue of Cansti�ution and laws of tlze State of Texas, at
Fort Worth, in 't'arrazit County, �'exas the sum of
FOUR HUNDRE� THC3USAND AND NOl100.. _.� ............................. •",",",'•,�•,,"��...
(5400.�00.00 in tawfiil money af th$ �lnitzd Stat�s, far the payment of which sum wcll and truly be tnede unro said
City of Nort Wonh and its suecossors, s�id Cant��actor and surety do hereby bind theu�selves, their lieirs, �xecutdrs,
admin+strators, assigFis and succassars, joincly and severally.
'i"his a�ligation is conditioned, however; tFtat,
WHEREAS, the Principa! has entered into a e�rtain cont�act with qhe City o� Forc Wqrth, datcd the 20r�
day oi Kebruaey. 2001, the performance of �e following described public work and the coustruction of the
following dcscribed pub(ic improvements;
UTlL1TY CU'T REP�IR C�NTRACT 200.�A
a!t of same being refe�red co herein and in saici contract as the Work Eutd being dosignat:d as praject PiV53-
p�p:�Q j7604U &!'a58-070.r+$0175390 qnd said «m�ract, ir,cluding alI uf the specificatiozss, c�nditions and writt�i�
instrun�ents referred to t�hezein as contract doLamen�s bci�tg hereby Incotporated herein by ref`erence for �11 purposes
and n�ade a part hereof, the same as iFset out verbatim haroin; �nd ,
WHEREAS, in said Gontract, Contractor 6inds itself to use sveh materials ar:d to sa construcc khe work that
it witl re�nain u� goo3 repair and condition for and du►�i�ig ti�e ueri�d Une (i) Yesr after che d:,te oC thc finai
acceptaraee oi che wark by the City; and
WFiFREAS, �aid Cnntractor binds itsetf to maintain said work in goed repair anci canciitao.n �or said term of
One IZ,Year; sr,d,
WHERLAS; said Cantrac[or binds itself to repair or reconstruct chc work in wliole or in part a� anY time
�ritliin said periaci, if in the opinion of tha Direckbr of the Vlater Department of die �ity of Fort Worilt, it be
necessary;�ds
WHfsiLLA.S, s� id Conlrr�ctor binds itsetf: upon recaivin� nokicc of the r�ee� tilerefor to repair �ar reconstruci
said work as herein pravided.
t�t�ci�'1�1� �j��,� 1;i ��'E�=;,
� ��>� � � ;,� .,�,�> ��.�:�; �,� ,-�,,,�,�;,��,�
Mount Laurel, NJ
POWE� OF ATTORNEY
No.936954
KNOW ALL MEN BY THESE PRESENTS: That Atlantic Alliance Fidelity and Surety Company, a corporation aganized and existing under the laws of the State of
New Jerse}�> does hereby coi�stitute �nd appoint
Jeanie Williams * Carolyn Brinegar
its true and lawful attorney(s)-i��-fact to eaecate, seal aud deliver for and on its behalf as surety, any and a11 bonds and undertakings, contracts of indemnity and other
writings obligatory in the �ature tl�ereof, �vhich are or may be allotved, required or permitted by law, statate, rule, regulatioi�, contract or otherwise.
The execution of such instrument(s) in pursuance of tl�ese presents, shall be as binding upon the said Atlantic Alliance Fidelity and Surety Company as fully and amply,
to all intei�ts a�d puiposes, as if the s2me had been duly executed and ackno�vledged by its regularly elected oiticers at the principal oftice.
This Power of Attorney is executed and may be certified so, and may be revoked, pursuant to a��d by authoriry of Article N, Section 3 of the By-La�vs adopted by the
Board of Directors of Atlantic Alliance Fidelity aud Surety Company �t a meeting held on the lOtl� day of November 1998. The Preside�t, or any Vice Preside�t, acting
�vitli any Secretary or Assistant Secretary, shall have po�ver and authority:
(1) To appoint Attorney(s)-in-fact, aud to authorize tl�em to execute o❑ behalf of the Company, a�d attach the Seal of the Company thereto, bonds and
undertaki�gs, contracts of indemnity a��d otl�er ��a'itings obligatory in the nature thereof, and
(2) To revoke, at any time, any such Attorney-in-fact and re��oke the autho�ily given.
Forther, this po�ver of Attorney is signed and sealed by facsimile pmsuant to rzsolution �f the Board of Directors of said Company adopted at a meeting duly called aiid
held on d�e IOth day of November 1998, of which the follo�ving is a u ue. excerpt:
RESOLUED that the signature of airy authorized officer and the scal of the C��mpa��y may be aftlsed by facsimile to auy Power of Attorney or certification
thereof authorizing the esecutio�� and delivery of any bond, undert�ine, contracts of indemnity and other �vritings obligatory in the �ature therof; a�d such
signature and seal �vhen so used sl�all have the same force aud effect us though manuall�� af�xed.
/PNo suRery \
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Atlantic Alliance
��
\��FASE`� �9�/
IN WITNESS �\'HEREOP, Adantic Alliance Fidelity and Surety Company has caused this ii�strument to be signed and its
corporate seal to be afti,ced by its authorized officer, this 3rd day of Janua�y, 2000.
ATL�vTIC ,4LLIANCE LITY AND SURETY COMPANY
STATE OF NER' JER3EY
County of Burlington j/„
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Lars M. Anderson, President
Ou tliis 3rd day of Jamiary 2000 before me came the individual who executed the preceding instrume�t, to me perso�ally known, and being by me duly sworn, said that he
is the therein described and aathorized ofticer of the Atla�tic Allia�ce Fidelity and Surety Company; that the seal aftlsed to said instrume�t is the Coiporate Seal of said
Company; that the said Coiporate Seal and his signature were duly affixed by order of the Board of Directors of said Company.
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A�/B 4�CJ
\�FW JEF�y/
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the Adantic Alliance Fidelity and
Surery Company oftices the day and year fiist above �vritte❑
DARLEY J. LOWE
Notary Public of Ne�v Jersey
My Commissian Espires October 13, 2003
I, Gail E. Latham, Secretary of the Atlantic Alliance Fidelity and Surety Company, do hereby certify that the above and foregoing is a true and correct copy of a Power
of Attorney executed by ATLANTIC ALLIANCE FIDELITY AND SURETY COMPANY, �vhich is still in full force and effect.
IN WITNESS WHEREOF, I have thereunto set my hand aud attactted the seal of said Company this day of iL(,CC����20 �
� F�
�p SURETy
\.� � eo Gail E. Latham, Secretary
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{ WARNTNG: "This Power of Attorney is printed on safety paper with a blue background and red
Atlantic Alliance sequential numbering o�� the upper right-han i er."
ZF���� 9 j� .
`�fRSE�' �
ars M. Ande son, President
If the obligee has any question on the validity of this Power of Attorney, please call the Atlantic Alliance Home Office for verification (800) 795-5508.
PART G-CONTRACT
THE STATE OF TEXAS �
COUNTY OF TARR.ANT �
� �. � `" �.� ..
THIS CONTRACT, made and entered into the day of , 2001 by and
between the City of Fort Worth, a home-rule municipal corporation located in Tarrant County, Texas,
acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter
terined "OWNER", and WESTHILL CONSTRUCTION, INC.of the City of CLEBURNE, County of
TARRANT and State of TEXAS, Party of the Second Part, hereinafter termed "CONTRACTOR".
WITNESSETH: That for and in consideration of the payinents and agreements hereinafter
mentioned, to be made and performed by the Party of the First Part (Owner), said Party of the Second Part
(Contractor) hereby agrees with the said party of the First Part (Owner) to commence and complete
certain improvements described as follows:
UTILITY CUT REPAIR CONTRACT 2001A
And all extra work connected therewith, under the terms as stated in the Contract Documents, and at his
(their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools,
superintendent, labor, bonds, insurance, and other accessories and services necessary to complete the said
construction, in accordance with all the requirements of the Contract Documents, which include all maps,
plats, blueprints and other drawings and printed or written explanatoiy matter thereof, and the
specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been
identified by the endorsement of the Contractor and the Engineers tl�ereon, together with the Contractor's
Written Proposal and the other parts of the Conh-act Docuinents hereto attached, including the Fort Worth
Water Department General Contractor pocuments and General Specifications, all of which are made a
part hereof and collectively and constitute the entire contract.
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The Conh•actor hereby agrees to commence work within ten (10) days after the date written
notice to do so shall have been given to hiin, and to substantially complete saine within the time stated in
the proposal.
The Owner agrees to pay the contractor in current funds for the performance of the conh�act iu
accoi•dance with the Proposal submitted therefor, subject to additions and deductions, as provided in the
Contract Documents and all appr•oved modifcations thereof, and to make payment on account thei•eof as
provided therein.
IN WIT'NESS WHEREOF, the Parties to these presents have executed this Contract in 8 counterparts in
the year and say first above written.
City of Fort Worth, Texas (Owner)
Party of the First part -
j �
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� �
BY: 6 -
.� --,L., ,r..� ,..
ASST. City Manager
WESTHILL CONSTRUCTION, INC.
PO BOX 2016
CLEBURNE, , TX 76031
Contractor
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By: � ���Z��
Title: ���Sf�4'�'�
APPROVED:
� a�=`�,�((� (�;�z� %---�'��:����� � �b:
A. Douglas Rademaker, P.E. Director
Department of Engineering
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CW
ATTEST:
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City ecretary '��/�-��
(Seal)
WITNESSES:
Approved as to Form and Legality:
iC�r
Asst. City Attorney � ���/
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t;ontract Authorization
� � 02�� ��
Date
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