HomeMy WebLinkAboutContract 26756 CITY SECRETARY
CONTRACT NO,
MARTHA LANE CHANNEL REPAIRS
SANDY LANE TO STA.208+00
CITY OF FORT WORTH
DEPARTMENT OF ENGINEERING
.. KENNETH L.BARR HUGO A.MALANGA,P.E. BOB TERRELL
MAYOR DIRECTOR OF TRANSPORTATION CITY MANAGER
AND PUBLIC WORKS
LEE BRADLEY,JR,P.E.
DIRECTOR OF WATER DEPARTMENT
A.DOUGLAS RADEMAKER,P.E.
DIRECTOR OF ENGINEERING DEPARTMENT
a.
PREPARED BY:
Halff Associates,Inc.
Engineers• Scientists• Surveyors
4000 Fossil Creek Boulevard
Fort Worth,Texas 76137
1999 q ® �
AVO 14725R •'
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TABLE OF CONTENTS
1. Part B-Proposal
2. Part C-General Conditions
Section C1 - Supplementary Conditions to Section C
3. Part D-Special Conditions(Water Dept.)
4. Part E-Specifications
5. Special Provisions
6. Certificate of Insurance
7. Part F-Bonds
Performance Bond(F 1-F2)
Payment Bond(F3-F4)
Maintenance Bond(F5-F6)
8. Part G-City of Fort Worth Contract(G1-G5)
PART B - PROPOSAL
TO: CITY MANAGER
FORT WORTH, TEXAS
FOR: MARTHA LANE CHANNEL REPAIRS
SANDY LANE TO STA. 208+00
The undersigned Bidder, having thoroughly examined the Contract Documents, including
Plans, Special Contract Documents, the General Contract Documents, 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 Department of Engineering 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, to wit:
B-1
Martha Lane Channel Repair
AVO 14725R
Pay Spec Approx. Description of Items with Unit Amount
Item Item Quantity
(Furnish and install,including all appurtenant work,complete in place,the following items)
1 SP 1 LS Mobilization $ 15,420.0 0 $ 15,420.0 0
Complete in Place for
Fiftem TholsErd Fbls Hatted TdantV Dollars&
ZED Cents
per Lump Sum
2 SP 648 LF Sawcut concrete $ 4. 00 $ 2, 592.00
Complete in Place for
`ItnD Zhasard Fiw axrbBd Nir>EAv TWD Dollars&
ZEM Cents
per Linear Foot
3 104 1,171 SY Remove existing concrete riprap channel $ 5.80 $ 6, 791 .80
520 Complete in Place for
Six Th3marl ssm HmJred Ninety Ole Dollars&
ELghty Cents
per Square Yard
4 104 1,171 SY Dispose existing concrete riprap channel $ 4. 60 $ 5, 386.60
520 Complete in Place for
FiNe Thoizwd Thme HaiJred E ighL i SiX Dollars&
SiXLY Cents
per Square Yard
5 SP 1 LS Plug existing 21"RCP storm drain outfall"A" $ 24'0. 00 $ 240.00
Complete in Place for
`ItnD Hx dl ed Ftrty Dollars&
ZEM Cents
per Lump Sum
6 SP 93 CY Low pressure grout channel floor along south bank $ 161 .40 . $ 15, 010,20
B-2 11/19199
Martha Lane Channel Repair
AVO 14725R
Pay .. Approx. Description of Items with Unit Amount
Item Item Quantity Unit Bid Prices Written in Words ,
(Furnish and install,including all appurtenant work,complete in place,the following items)
Complete in Place for
Fifbam Thousand 91131 Dollars&
'lirJPnty Cents
per Cubic Yard
7 SP 567 CY Select material for fill $ 25.00 $ 14, 175. 00
Complete in Place for
Fburtem gh sard Che Haldred Seventy FbMars&
ZEsy Cents
per Cubic Yard
8 SP 201 CY Impervious clay cut-off wall $ 25.00 $ 5, 025. 00
Complete in Place for
Fi%e Thou sand Wa1ty FYI Dollars&
Ze Cents
per Cubic Yard
9 SP 105 CY Impervious clay for fill $ 25.00 $ 2, 625. 00
Complete in Place for
`IAD Tiol1sxd Six Haxk+ed Duel Fi4E Dollars&
ZED Cents
per Cubic Yard
10 SP 150 LF Underdrain system for half conc.trapezoidal channel $ 34.00 $ 5, 100. 00
(Sta.201+53 to Sta.203+00)
Complete in Place for
Fiw Thgx d Che IiI]ked Dollars&
Zem) Cents
per Linear Foot
11 SP 365 LF Underdrain system for half conc.trapezoidal channel $ :,34.00 $ 12, 410. 00
(Sta.203+00 to Sta.206+65)
Complete in Place for
B-3 11/19/99
Martha Lane Channel Repair
AVO 14725R
Pay Spec Approx. Description of Items with Unit Amount
Item Item Quantity Unit Bid Prices Written in Words Price Bid
(Furnish and install,including all appurtenant work,complete in place,the following items)
s-e1Ve`117amai d Flan azrteaTm Dollars&
7EED Cents
per Linear Foot
12 SP 1 LS Underdrain system at sta.207+95 $ 1 ,450. 00 $ 1 ,450.00
Complete in Place for
Om Thm-sar]d Fcur HXdtBd Fifty Dollars&
7�D Cents
per Lump Sum
13 410 320 SY 8"reinf.conc.trapezodial channel floor $ 75. 30. $ 24, 096. 00
400 Complete in Place for
`IABIty Ftas Zhomand Ninety Six Dollars&
7em Cents
per Square Yard
14 410 851 SY 6"reinf.conc.trapezodial channel sloped banks $ 50.4 0 $ 42, 890.40
400 Complete in Place for
Futy No Thmsand Eight Hridred WityDollars&
Futy Cents
per Square Yard
15 SP 1 LS Remove 42"RCP $ 230.00 $ 230.00
Complete in Place for
5D Hx d[ed Zh71"tY Dollars&
79e[o Cents
per Lump Sum
16 SP 1 LS Construct 6x5 box culvert $ 91000. 00 $ 91 000!0 0
Complete in Place for
Nine 9hoLISEnd Dollars&
7em Cents
B-4 11119/99
Martha Lane Channel Repair
AVO 14725R
Approx.Pay Spec
Item Item Quantity
s (Furnish and install,including all appurtenant work,complete in place,the following items)
per Lump Sum
17 SP 1 LS Construct headwall for 6x5 box culvert $ 12,400 0 0 $ 12, 400.0 0
Complete in Place for
TAph.E Thcusarld FCW Ii rated Dollars&
ZSM Cents
per Lump Sum
18 SP 45 CY Install 18"grouted rock dprap $ 170.00 $ 7, 650.00
Complete in Place for
Seven The sEnd Six HmIt ad Fifty Dollars&
YAEM Cents
per Cubic Yard
19 SP 650 LF Install membrane and 18"clay layer $ 18.80 $ 12,220.00
Complete in Place for
'IWehe gn3sar d`IW Hxdred Twa ty Dollars&
7A.% Cents
per Linear Foot
20 SP 0.7 AC Grade tracts south of channel $ 7,480.00 $ 5,236.00
Complete in Place for
FiN a'I7'i0tmod`k),Hatted`I itty"SiX Dollars&
BEM Cents
per Acre
21 SP 1 LS SS L-5481 aerial crossing repair $ 1 , 950.00 $ 1 ,950. 00
Complete in Place for
Cne Tholsm-d Nine Hundred Fifty Dollars&
Aey Cents
per Lump Sum
22 SP 597 LF Remove,salvage,and replace existing V chain link $ 10. 10 $ 6,029. 70
B-5 11/19/99
Martha Lane Channel Repair
AVO 14725R
Pay Spec Approx. Description
Item Item Quantity Unit Bid Prices Written in Words Price Bid
(Furnish and install,including all appurtenant work,complete in place,the following items)
fence and fence gates
Complete in Place for
six Thol3sand`Ite ity MM Dollars&
semity Cents
per Linear Foot
23 SP 120 CY 6^topsoil $ 19.50 $ 2,340.00
Complete in Place for
TAD Thapand'I!ree HjxkedFcrLV Dollars&
Ile m Cents
per Cubic Yard
24 SP 722 SY Bermuda grass solid block sodding $ 3.30 $ 2,382.60
Complete in Place for
`I 9=53d Uxee E4tY tkD Dollars&
Sixty Cents
per Square Yard
TOTAL BID $ 212,650.30-
B-6
12,650.30-B'6 11/19/99
Contractor shall, if applicable, identify below the pre-qualified sub-contractor who
shall install the water and/or sanitary sewer facilities.
Pre-qualified sub-contractor for water and/or sanitary sewer installation.
Failure to list a sub-contractor who is pre-qualified by the Water Department shall
result in the rejection of the bid as non-responsive.
B-7
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 certifies that he has 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.
Work will not be performed on Sundays or on legal holidays as prescribed by the City
Council of the City of Fort Worth for observance by City employees.
(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.
Nonresident bidders in the State of our principal place of
business, are not required to underbid resident bidders.
B. The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
B-8
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 in
preparation of the foregoing bid:
Addendum No. 1 (initials) Addendum No. 3 (initials)
Addendum No. 2 (initials) Addendum No. 4 (initials)
Respectfully submitted,
Company(Name (ple a print)
By: r e
( leas p nt)
Sig tur .
Title: }� es i Q e vL'
(ple se print)
.6156 Vesfo, Far
�� ' "WStreet Address
F"
SEAL if Bidder is a Corporation , O� -T4 • 26119
City p State Zip
g
Date: 1 �' ®o g Y
- Phone Number
B-9
PART C - GENERAL CONDITIONS
TABLE OF CONTENTS
NOVEMBER, 1, 1987
TABLE OF CONTENTS
C1-1 DEFINITIONS
C1-1.1 Definition of Terms C1-1 (1)
C1-1. 2 Contract Documents Cl-1 (1)
C1-1. 3 Notice to Bidders C1-1 (2)
C1-1.4 Proposal C1-1 (2)
C1-1.5 Bidder C1-1 (2)
C1-1.6 General Conditions C1-1 (2)
C1-1. 7 Special Conditions Cl-1 (2)
�. C1-1.8 Specifications C1-1 (2)
C1-1.9 Bond Cl-1 (2)
C1-1.10 Contract C1-1 (3 )
C1-1.11 Plans Cl-1 (3 )
C1-1.12 City Cl-1 (3 )
C1-1.13 City Council Cl-1 (3 )
C1-1.14 Mayor Cl-1 (3)
C1-1.15 City Manager C1-1 (3)
C1-1.16 City Attorney C1-1 (3)
C1-1.17 Director of Public Works Cl-1 (4 )
C1-1. 18 Director, City Water Department C1-1 (4 )
C1-1.19 Engineer C1-1 (4 )
C1-1. 20 Contractor C1-1 (4)
C1-1. 21 Sureties i C1-1 (4 )
- C1-1. 22 The Work or Project C1-1 (4)
C1-1.23 Working Day Cl-1 (4 )
C1-1.24 Calendar Day C1-1 (4 )
C1-1.25 Legal Holiday C1-1 (4 )
C1-1.26 Abbreviations C1-1 (5)
C1-1. 27 Change Order Cl-1 (6 )
.� C1-1. 28 Paved Streets and Alleys C1-1 (6)
C1-1. 29 Unpaved Streets and Alleys Cl-1 (6)
C1-1. 30 City Streets C1-1 (6)
C1-1.31 Roadway Cl-1 (6)
C1-1.32 Gravel Street C1-1 (6 )
C2-2 INTERPRETATION AND PREPARATION
OF PROPOSAL
C2-2.1 Proposal Form C2-2 (1)
C2-2. 2 Interpretation of Quantities C2-2 (1)
C2-2.3 Examination of Contract Documents
and Site C2-2 (2)
C2-2. 4 Submitting of Proposal C2-2 (3)
C2-2.5 Rejection of Proposals . C2-2 (3)
C2-2.6 Bid Security C2-2 (3)
�_ (1)
C2-2.7 rDelivery of Proposal C2-2 (4 )
C2-2. 8 Withdrawing Proposals C2-2 (4 )
C2-2. 9 Telegraphic Modification of Proposals C2-2 (4 )
C2-2.10 Public Opening of Proposal C2-2 (4 )
C2-2.11 Irregular Proposals C2-2 (4 )
C2-2.12 Disqualification of Bidders C2-2 (5)
C3-3 AWARD AND EXECUTION OF DOCUMENTS
C3-3.1 Consideration of Proposals. C3-3 (1)
C3-3.2 Minority Business Enterpise
Women-Owned Business- Enterprise
compliance C3-3 (1 )
C3-3.3 Equal Employment Provisions C3-3 (1)
C3-3.4 Withdrawal of Proposals C3-3 (2)
C3-3.5 Award of Contract C3-3 (2)
C3-3.6 Return of Proposal Securities C3-3 (2)
C3-3.7 Bonds C3-3 (2)
C3-3.8 Execution of Contract C3-3 (4 )
C3-3.9 Failure to Execute Contract C3-3 (4)
C3-3.10 Beginning Work C3
C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
C6-6.1 Laws to be Observed C6-6 (1)
C6-6. 2 Permits and Licenses C6-6 (1)
C6-6. 3 Patented Devices, Materials and Processes C6-6 (1)
C6-6. 4 Sanitary Provisions C6-6 (2)
C6-6. 5 Public Safety and Convenience C6-6 (2)
C6-6. 6 Privileges of Contractor in Streets,
Alleys, and Right-of-Way C6-6 (3 )
C6-6.7 Railway Crossings C6-6 (4)
C6-6. 8 Barricades, Warnings and Watchmen C6-6 (4 )
C6-6. 9 Use of Explosives, Drop Weight, etc. C6-6 (5 )
C6-6.10 Work Within Easements C6-6 (6)
C6-6.11 Independent Contractor C6-6 (8 )
C6-6.12 Contractor's Responsibility for
Damage Claims C6-6 (8 )
C6-6.13 Contractor's Claim for Damages C6-6 (10)
C6-6.14 Adjustment of Relocation of Public
Utilities, etc. C6-6 (10 )
C6-6.15 Temporary Sewer Drain Connections C6-6 (10)
C6-6.16 Arrangement and Charges of Water
Furnished by City C6-6 (11)
C6-6.17 Use of a Section of Portion of the Work C6-6 (11)
C6-6.18 Contractor's Responsibility for Work C6-6 (11)
C6-6.19 No Waiver of Legal Rights C6-6 (12)
C6-6. 20 Personal Liability of Public Officials C6-6 (12)
C6-6. 21 State Sales .Tax C6-6 (12 )
C7-7 PROSECUTION AND PROGRESS
C7-7.1 Subletting ' C7-7 (1)
C7-7. 2 Assignment -of Contract C7-7 (1)
C7-7. 3 Prosecution of the Work C7-7 (1)
C7-7.4 Limitations of Operations C7-7 (2)
C7-7.5 Character of Workman and Equipment C7-7 (2)
C7-7. 6 Work Schedule C7-7 (3 )
C7-7.7 Time of Commencement, and Completion C7-7 (4 )
C7-7. 8 Extension of time of Completion C7-7 (4)
C7-7. 9 Delays C7-7 (4)
C7-7.10 Time of Completion C7-7 (5)
C7-7.11 Suspension .by Court Order C7-7 (6)
C7-7.12 Temporary Suspension C7-7 (6)
C7-7.13 Termination of Contract due to
National Emergency C7-7 (7)
C7-7.14 Suspension of Abandonment of the
Work and Annulment of Contract C7-7 (7)
C7-7.15 Fulfillment of Contract C7-7 (9)
C7-7.16 Termination for Convenience of the Onwer C7-7 (10 )
C7-7.17 Safety Methods and Practices C7-7 (13 )
C8-8 MEASUREMENT AND PAYMENT
C8-8 .1 Measurement of Quantities C8-8 (1)
C8-8. 2 Unit Prices C8-8 (1)
(3 )
C8-8. 3 Lump Sum C8-8 (1)
C8-8. 4 Scope of Payment C8-8 (1)
C8-8.5 Partial Estimates and Retainage C8-8 (2)
C8-8 .5 Withholding Payment C8-8 (3 )
C8-8 .7 Final Acceptance C8-8 (3)
C8-8. 8 Final Payment C8-8 (3 )
C8-8. 9 Adquacy of Design C8-8 (4)
C8-8 .10 General Guaranty C8-8 (4 )
C8-8 .11 Subsidiary Work C8-8 (5)
C8-8 .12 Miscellaneous Placement of Material C8-8 (5)
C8-8 .13 Record Documents C8-8 (5)
(4)
^� PART C - GENERAL CONDITIONS
C1-1 DEFINITIONS
SECTION C1-1 DEFINITIONS
C1-1 . 1 DEFINITIONS OF TERMS : Whenever in these Contract
Documents the following terms or pronouns in place of them are
used , the intent and meaning shall be understood and
interpreted as follows:
C1-1 . 2 CONTRACT DOCUMENTS: The Contract 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 - NOTICE TO BIDDERS (Sample) White
PART B - PROPOSAL (Sample) White
PART C - GENERAL CONDITIONS (CITY) Canary Yellow
(Developer) Brown
PART D - SPECIAL CONDITIONS Green
4 PART E - SPECIFICATIONS E1-White
E2-Golden Rod
E2A-White
PERMITS/EASEMENTS Blue
PART F - BONDS (Sample) White
PART G - CONTRACT (Sample) White
b. SPECIAL CONTRACT DOCUMENTS : The Special Contract
Documents are prepared for each specific project as
a supplement to the General Contract Documents and
include the following items:
PART A - NOTICE TO BIDDERS (Advertisement) Same as
above
PART B'- PROPOSAL (Bid)
PART C - GENERAL CONDITIONS
-� PART D - SPECIAL CONDITIONS
PART E - SPECIFICATIONS
PERMITS/EASEMENTS
PART F - BONDS
PART G - CONTRACT
PART H - PLANS (Usually bound separately)
-` C1-1 (1)
C1-1 . 3 NOTICE TO BIDDERS : All of the legal publications
either actually published in public advertising mediums or
furnished direct to interested parties pertaining to the work
contemplated under the Contract Documents constitutes the �-
notice to bidders.
C1-1. 4 PROPOSAL: The completed written and signed offer or
tender of a bidder to perform the work which the Owner desires
to have done, together with the bid security, constitutes the
Proposal , which becomes binding upon the Bidder when it is
officially received by the Owner, has been publicly opened and
read and not rejected by the Owner.
C1-1 . 5 BIDDER: Any person , persons , firm, partnership, -
company, association, corporation, acting directly or through
a duly authorized representative, submitting a proposal for
performing the work contemplated under the Contract Documents, -
constitutes a bidder.
C1-1 . 6 GENERAL CONDITIONS: The General Conditions are the
usual construction and contract requirements which govern the
performance of the , work so that it will be carried on in
accordance with the customary procedure, the local statutes ,
and requirements of the City of Fort Worth' s charter and •r
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
f ollowing:
a. Performance Bond (see paragraph C3-3.7)
b. Payment Bond (see paragraph C3-3.7 )
C, Maintenance Bond (see paragraph C3-3.7)
d. Proposal or Bid Security (see Special Instructions
to Bidders, Part A and C2-2.6 )
C1-1 .10 CONTRACT: The Contract is the formal signed agreement
between the Owner and the Contractor covering the mutual
understanding of the two contracting parties about the project
to be completed under the Contract Documents.
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
governing body of the City of Fort Worth, Texas.
. C1-1 . 14 MAYOR: The officially elected Mayor, or in his
absence, the Mayor Pro tem of the City of Fort Worth, Texas.
C1-1.15 CITY MANAGER: The officially appointed and authorized
City Manager of the City of Fort Worth, Texas , or his duly
authorized representative.
C1-1:'16 CITY ATTORNEY: The officially appointed City Attorney
of the City of Fort Worth, Texas , or his duly authorized
representative.
Cl-1 (3 )
CI-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 pr `-ct.
C1-1 . 21 SURETIES: The Corporate bodies which are by
such bonds are required with and for the Contract The
sureties engaged are to be fully responsible for tae 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 -
ay, 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 Y
work for a period of not less than seven (7 ) hours between
7: 00 a.m. and 6 : 00 p.m. , with exceptions as permitted in
paragraph C7-7.6.
C1-1 . 24 CALENDAR DAYS: A calendar day is any day of the week
or month, no days being excepted.
C1-1 . 25 LEGAL HOLIDAYS : Legal holidays shall be observed as
prescribed by the City Council of the City of Fort Worth for
observance by City employees as follows :
C1-1 (4)
1. New Year' s Day January 1
2. M. L. Ring, Jr. Birthday Third Monday in January
3. Memorial Day Last Monday in May
4. Independence Day July 4
5. Labor Day First Monday in September
6. Thanksgiving Day Fourth Thursday in November
F 7. Thanksgiving Friday Fourth Friday in November
8 . Christmas Day December 25
9. Such other days in lieu of
holidays as the City Council
may determine
_ When one of the above named holidays or a special holiday is
declared by the City Council , falls on Saturday, the holiday
shall be observed on the preceding Friday or if it falls on
Sunday, it shall be observed on the following Monday, by those
employees working on working day operations. Employees
working calendar day operations will consider the calendar
holiday as the holiday.
C1-1 . 26 ABBREVIATIONS: Wherever the abbreviations defined
herein appear in Contract Documents , the intent and meaning
shall be as follows:
•AASHTO - American Association of MGD - Million Gallons Per
State Highway Transportation Day
Officials
ASCE - American Society of Civil CFS - Cubic Foot per:
Engineers Second
LAW - In Accordance With
ASTM - American Society of Min. - Minimum
Testing Materials Mono. Monolithic
AWWA - American Water Works % - Percentum
Association R - Radius
ASA - American Standards Association I.D. - Inside Diameter
HI - Hydraulic Institute O. D. - Outside
-' Diameter
Asph. - Asphalt Elev.- Elevation
Ave. - Avenue F - Fahrenheit
Blvd. - Boulevard C - Centigrade
CI• - Cast Iron In. Inch
CL - Center Line Ft. Foot
GI - Galvanized Iron St. - Street
Lin. - Linear or Lineal CY - Cubic Yard
lb. Pound Yd. - Yard
MH - Manhole SY - Square Yard
Max. - Maximum L.F. - Linear Foot
D.I. - Ductile Iron
Cl-1 (5 )
C1 - 1 . 27 CHANGE ORDER : A " Change Order " is a written
supplemental agreement between the Owner and the Contractor
covering some added or deducted item or feature which may be
found necessary and which was not specifically included in the
scope of the project on which bids were submitted. Increase
in unit quantities stated in the proposal are not the subject
matter of a Change Order unless the increase or decrease is
more than 25% of the amount of the particular item or items in
the original proposal.
All "Change Orders " shall be prepared by the City from
information as necessary furnished by-the Contractor.
C1-1. 28 PAVED STREETS AND ALLEYS : A paved street or alley
shall be defined as a street or alley having one of the
following types of wearing surfaces applied over the natural
unimproved surface:
1. Any type of asphaltic concrete with or without
separate base material.
2. Any type of asphalt surface treatment , not
including an oiled surface , with or without
separate base material.
3 . Brick, with or without separate base material.
4. Concrete, with or without separate base material.
5. Any combination of the above.
C1-1 . 29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley,
roadway or other surface is any area except those defined
above for "Paved Streets and Alleys. "
C1-1 . 30 CITY STREETS: A city street is defined as that area
between the right-of-way 'lines as the street is dedicated.
C1-1 . 31 ROADWAY: The roadway is defined as the area between
parallel lines two '( 21 ) feet back of the curb lines or four
( 4 ' ) feet back of the average edge of pavement where no curb -
exists .
C1-1 . 32 GRAVEL STREET: A gravel street is any unpaved street
to which as been--a-d-d-e-a 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 opening of bids.
The financial statement required shall have been prepared by
an independent certified public accountant or an independent
public accountant holding a valid permit issued by an
appropriate state licensing agency, and shall have been so
prepared as to reflect the current financial status. This
statement must be current and not more than one (1) year old.
In the case that a bidding date falls within the time a new
statement is being prepared, the previous statement shall be
updated by proper verification . Liquid assets in the amount
of ten (10% ) percent of the estimated project cost will be
required.
For an experience record to be considered to be acceptable for
a given project, it must reflect the experience of the firm
seeking qualification in work of both the same nature and
magnitude as that of the project for which bids are to be
received , and such experience must have been on projects
completed not more than five ( 5 ) years prior to the date on
which are to be received . The Director of the Water
department shall be sole judge as to the acceptability of
experience for qualification to bid on any Fort Worth Water
Department project.
The prospective bidder shall schedule the equipment he has
available for the project and state that he will rent such
additional equipment as may be required to complete the
.� project on which he submits a bid.
C2-2. 2 INTERPRETATION OF QUANTITIES : The quantities of work
and materials to be furnished as may be listed in the proposal
C2-2 (l)
forms or other parts of the Contract Documents will be
considered as approximate only and will be used for the
purpose of comparing bids on a uniform basis. Payment will be
made to the Contractor for only the actual quantities of work
performed or materials furnished in strict accordance with the
Contract Documents and Plans . The quantities of work to be
performed and materials to be furnished may be increased or
decreased as hereinafter provided , without in any way
invalidating the unit prices bid or any other requirements of
the Contract Documents.
C2-2 . 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT:
Bidders are advised that the Contract Documents on file with
the Owner shall constitute all of the information which the
Owner will furnish. All additional information and data which
the owner will supply after promulgation of the formal
contract documents shall be issued in the form of written -
addenda and shall become part of the Contract Documents just
as though such addenda were actually written into the original
Contract Documents.
Bidders are required, prior to the filing of proposal, to read
and become familiar with the Contract Documents , * to vis4t the
site of the project and examine carefully all local
conditions , to inform themselves by their own independent
research and investigations, tests, boring, and by such other
means as may be necessary to gain a complete knowledge of the
conditions which will be encountered during the construction
of the project . They must judge for themselves the
difficulties of the work and all attending circumstances
affecting the cost of doing the work or the time required for
its completion, and obtain all information required to make an
intelligent proposal. No information given by the Owner or
any representative of the Owner other than that contained in
the Contract Documents and officially promulgated addenda
thereto, shall be binding upon the Owner. Bidders shall rely
exclusively and solely upon their own estimates ,
investigation, research, tests , explorations, and other data
which are necessary for full and complete information upon
which the proposal is to be based. It is mutually agreed that
the submission of a proposal is prima-facie evidence that the
bidder' has made the investigations , examinations and tests
herein required. Claims for additional compensation due to
variations between conditions actually encountered in
construction and as indicated in the Contract Documents will
not be allowed.
The logs of Soil Borings, if any, showing on the plans are for
general information only and may not be correct. Neither the
C2-2(2 )
Owner nor the Engineer guarantee that the data shown is
representative of conditions which actually exist.
C2-2 . 4 SUBMITTING OF PROPOSAL: The Bidder shall submit his.
Proposal on the form furnished by the Owner. Allblank 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 after the official time designated for receipt of
proposal shall be returned to the Bidder unopened.
C2-2. 6 BID SECURITY: No proposal will be considered unless it
is accompanied by a "Proposal Security" of the character and
in the amount -indicated in the "Notice to Bidders" and the
"Proposal. " The Bid Security is required by the Owner as
evidence of good faith on the part of the Bidder, and by way
of a guarantyethat if awarded thecontract, the Bidder will
within the required time execute a formal contract and furnish
the required performance and other bonds. The bid security of-
the three lowest bidders will be retained until the contract
is awarded or other disposition is made thereof . The bid
security of all other bidders may be returned promptly after
the canvass of bids.
C2-2(3 )
C2-2 . 7 DELIVERY OF PROPOSAL: No proposal will be considered
unless it is delivered, accompanied by its proper Bid
Security, to the City Manager or his representative in the
official place of business as set forth in the "Notice to
Bidders . " It is the Bidder ' s sole responsibility.-to deliver
the proposal at the proper time to the proper place. The mere
fact that a proposal was dispatched will not be considered. ..
The Bidder must have the proposal actually delivered. Each
proposal shall be in a sealed envelope plainly marked with the
word "PROPOSAL," and the name or description of the project as PW
designated in the "Notice to Bidders. " The envelope shall be
addressed to the City Manager, City Hall, Fort Worth, Texas.
C2-2 . 8 WITHDRAWING PROPOSALS: Proposals actually filed with
the City Manager cannot be withdrawn prior to the time set for
opening proposals . A request for non-consideration of a
proposal must - be made in writing , addressed to the City
Manager , and filed with him prior to the time set for the
opening of proposals. After all proposals not requested for
non-consideration are opened and publicly read aloud, the
proposals for which non-consideration requests have been
properly filed may, at the option of the Owner , be returned
unopened.
C2-2. 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may
modify his proposal by telegraphic communication at any time
prior to the time set for opening proposals, provided such
telegraphic communication is received by the City Manager
prior to the said proposal opening time, and provided further,
that the City Manager is satisfied that a written` and duly
authenticated confirmation of such telegraphic communication
over' the signature of the bidder was mailed prior to the
proposal opening time. If such confirmation is not received
. g; within forty-eight (48 ) hours after the proposal opening time,
" no further consideration will be given to the proposal.
C2-2 . 10 PUBLIC OPENING OF PROPOSAL: Proposals which have been
.� properly filed and for which no "Non-consideration Request"
I has been received will be publicly opened and read aloud by
�. k the City Manager or his authorized representative at the time
and place indicated in the "Notice to Bidders. " All proposals
which have been opened and read will remain on file with the
Owner until the contract has been awarded. Bidders or their
authorized representatives are invited to be present for the
opening of bids.
4 C2-2. 11 IRREGULAR PROPOSALS: Proposals shall be considered as or
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
F 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 arrearson any existing contract
or having defaulted on a previous contract.
e. The bidder having performed a prior contract in an
unsatisfactory manner.
f. Lack of competency as revealed by the financial
statement, experience record, equipment schedule ,
and such inquiries as the Owner may see fit to make.
g. Uncompleted work which , in the judgment 'of the
Owner, will prevent or hinder the prompt completion
of additional work if awarded.
h. The bidder not filing with the Owner, one week in
advance of the hour of the opening of proposals the
following:
1. Financial Statement showing the financial
condition of the bidder as specified in Part
"A" - Special Instructions.
2. A current experience record showing especially
the projects of a nature similar to the one
under consideration , which have been
successfully- completed by the Bidder.
3. An equipment schedule showing the equipment
the bidder has available for use on the
project.
t 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 will be tabulated on the
basis of the quoted prices , the quantities shown in the
proposal , and the application of such formulas or other
methods of bringing items to a common basis as may be
established in the Contract Documents.
The total obtained by taking the sum of the products of unit
prices quoted and the estimated quantities plus any lump sum
items and such other quoted amounts as may enter into the cost
of the completed project will be considered as the amount of
the bid.
Until the award of the contract is made by the Owner, the
right will be reserved to reject any or all proposals and
waive technicalities, to re-advertise for new proposals, or to
proceed with the work in any manner as maybe considered for
the best interest of the Owner.
C3-3 . 2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS
ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner ,
upon request , complete and accurate information regarding
actual work performed by a Minority Business Enterprise (MBE)
and or a a Woman-owned Business Enterprise (WBE) on the
contract and the payment- therefor. Contractor further agrees ,
upon request by Owner , to allow and audit and/or an
examination of any books, records, or files in the possession
of Contractor that will substantiate the actual work performed
by the MBE or WBE. Any material misrepresentation of any
nature will be grounds for termination of the contract and for
initiating any action under appropriate federal , state or
local laws and ordinances relating to false statements
_ further , any such misrepresentation may be grounds for
disqualification of Contractor at Owner ' s discretion for
bidding on future Contracts with 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.
s
.. 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
withholdfinai action on the proposals for a reasonable time,
not to exceed forty-five ( 45 ) days after the date of opening
proposals, and in no event will an award be made until. after
investigations have been made as to the responsibility of the
proposed awardee.
The award of the contract, if an award is made, will be to the
lowest and best responsible bidder.
The award of the contract shall not become effective until the
Owner has notified the Contractor in writing of such award.
C3-3 . 6 RETURN OF PROPOSAL SECURITIES : As soon as proposed
price totals have been determined for comparison of bids , the
Owner may, at its discretion, return the proposal security
which accompanied the proposals which , in its judgment, would
not be considered for the award . All other proposal
securities, usually those of the three- lowest bidders , will be
retained by the Owner until the required contract has been
executed and bond furnished or the Owner has otherwise
disposed of the bids, after which they will be returned by the
City Secretary.
C3-3 . 7 BONDS: With the execution and delivery of the Contract
Documents, the Contractor shall furnish to, and file with the
Owner in the amounts herein required, the following bonds:
a. PERFORMANCE BOND : A good and sufficient
performance bond in" an amount not less than 100
percent of the amount of the contract, as• evidenced
by the proposal tabulation or otherwise , —
guaranteeing the full and faithful execution of the
work and performance of the contract, and for the
protection of the Owner and all other persons -
against damage by reason of negligence of the
Contractor , or improper execution of the work or
the use of inferior materials . This performance
C3-3 (2)
bond shall guarantee the payment for all labor ,
materials, equipment, supplies , and services used
in the construction of the work, and shall 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
r owner . In order to be acceptable, the name of the surety
shall be -included on the- current U. S . Treasury list of
acceptable sureties, and the amount of bond written by any one
acceptable company shall not exceed the amount shown on the
Treasury list for that company. Each bond shall be properly
executed by both the Contractor and Surety Company.
.. Should any surety on the contract be determined unsatisfactory
at any time by the Owner, notice will be given the Contractor
to that effect and the Contractor shall immediately provide a
C3-3 (3 )
new surety satisfactory to the Owner. No payment will be made
under the contract until the new surety or sureties , as
required , have qualified and have been accepted by the --Owner.
The contract shall not be operative nor will any payments be -.
due or paid until approval of the bonds by the Owner.
�C3-3 . 8 EXECUTION OF CONTRACT: Within ten (10) days after the
Owner has by appropriate resolution, or otherwise, awarded the =
contract, the Contractor shall execute and file with the Owner
the Contract and such bonds as may be required in the Contract
Documents.
No contract shall be binding upon the owner until it has been
attested by the City Secretary , approved as to rm and
legality by the City Attorney, and executed for tri wher 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 dontract is
awarded shall be considered by the Owner as an abandonment of
his proposal , and the Owner may annul the Award. By reason of
the uncertainty of the market prices of material and labor ,
and it being impracticable and difficult to accurately
determine the amount of damages occuring to the Owner by
reason of said awardee ' s failure to execute said bonds and
contract within ten ( 10 ) days , the proposal security
accompanying the proposal shall be the agreed amount of
damages which Owner will suffer by reason of such failure on
the part of the Awardee and shall thereupon immediately be
forfeited to the Owner. —
The filing of a proposal will be considered as an acceptance
of this provision by the Bidder.
C3-3 . 10 .BEGINNING WORK: The Contractor shall not commence
work until authorized in writing to do so by the Owner .
Should the Contractor fail to commence work at the site of the
project within the time stipulated in the written
authorization usually termed the "Work Order" or "Proceed
Order" , it is agreed that the Surety Company will , within ten
( 10 ) days after the commencement date set forth in such
written authorization, commence the physical execution of the
contract. .�
C3-3 . 11 INSURANCE: The Contractor shall not commence work
under this contract until he has obtained all the insurance
required under the Contract Documents, and such insurance has
been approved by the Owner. The prime Contractor shall be
responsible for delivering to the Owner the sub-contractors '
C3-3 (4) -
• certificate of insurance for approval. The prime contractor
shall indicate on the certificate of insurance included in the
documents for execution whether or not his insurance covers
sub-contractors. It is the intention of the Owner that the
insurance coverage required herein shall include the coverage
of all sub-contractors.
- a. COMPENSATION INSURANCE : The Contractor shall
maintain , during the life of this contract ,
Workers ' Compensation Insurance on all of his
employees to be engaged in work on the project
under this contract, and for all sub-contractors.
In case any class of employees engaged in hazardous
.. work on the project under this contract is not
protected under the Workers ' Compensation Statute,
the Contractor shall provide adequate employer ' s
general liability insurance for the protection of
such of his employees not so protected.
b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The
Contractor shall procure and shall maintain during
the life of this contract Contractor ' s
Comprehensive General Liability Insurance (Public
Liability and Property Damage Insurance) in an
amount not less than $ 500 , 000 covering each
occurrence on account of bodily injury, including
death , and in an amount not less than $ 500 , 000
covering each occurrence on account of property
damage with $2,000,000 umbrella policy coverage.
C. ADDITIONAL LIABILITY: The Contractor shall
furnish insurance as separate policies or by
additional endorsement to one of the
above-mentioned policies, and in the amount as set
forth for public liability and property damage, the
following insurance:
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 )
i
5. Builder's risk (where above-ground structures
are involved) .
6. Contractual Liability ( covers all
indemnification requirements of Contract) .
d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY
DAMAGE: The Contractor shall procure and maintain,
during the life of this Contract, Comprehensive
Automobile Liability insurance in an amount not
less than $ 250 , 000 for injuries including
accidental death to any one person and subject to
the same limit for each person an amount not less
than $ 500 , 000 on account of• one accident , and —
automobile property damage insurance in an amount
not less than $100,000.
e. SCOPE OF INSURANCE AND SPECIAL HAZARD : The
insurance required under the above paragraphs shall
provide adequate protection for .the Contractor and
his sub-contractors , respectively, against damage _
claims which may arise from operations under this
contract, whether such operations be by the insured
or by anyone directly or indirectly employed by
him, and also against any of the following special
hazards which may be encountered in the performance
of the Contract.
f. PROOF OF CARRIAGE OF INSURANCE: The Contractor
shall furnish the Owner with satisfactory proof of
coverage by insurance required in these Contract _
Documents in amounts and by carriers satisfactory
to the Owner . ( Sample attached. ) All insurance
requirements made upon the Contractor shall apply
to the sub- contractor , should the Prime t
Contractor ' s insurance not cover the
sub-contractor's work operations.
g• LOCAL AGENT FOR INSURANCE AND BONDING: The
insurance and bonding companies with whom the
Contractor ' s insurance and performance, payment,
maintenance and all such other bonds are written
shall be represented by an agent or agents having
an office located within the city limits of the
C3-3 (6)
City of Fort Worth, Tarrant County, Texas . Each
such agent shall be a duly qualified, one upon whom
service of process may be had , and must have
authority and power to act on behalf of the
insurance and/or bonding company to negotiate and
settle with the City of Fort Worth, or any other
claimant, any claims that the City of Fort Worth or
other claimant or any property owner who has been
. damaged , may have against the Contractor ,
insurance , and/or bonding 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 person , persons , partnership , company , firm.,
association , corporation or other who is approved to do
business with and enters into a contract with the City for
construction of water and/or sanitary sewer facilities, will
have or shall establish a fully operational business office
within the Fort Worth-Dallas metropolitan area . The
Contractor shall charge, delegate, or assign this office ( or
he may delegate his Project Superintendent ) with full
authority to transact all business actions required in the
performance of the Contract. This local authority shall be
made -responsible to act for the Contractor in all matters
pertaining to the work governed by the Contract whether it be
administrative or otherwise and as such shall be empowered,
thus delegated and directed, to settle all material, labor or
other expenditures, all claims against the work or any -other
C3-3 (7)
matter associated such as maintaining adequate and appropriate
insurance or security coverage for the project. Such local
authority for administration of the work under the Contract
shall be maintained until all business transactions executed
as part of the Contract are complete.
Should the Contractor ' s principal base of operations be other
than in the Fort Worth-Dallas metropolitan area, notification
of the Contractor ' s assignment of local authority shall be
made in writing to the Engineer in advance of any work on the
project, all appropriately signed and sealed, as applicable, _
by the Contractor ' s responsible officers with the
understanding that this written assignment of authority to a
local representative shall become part of the project Contract
as though bound directly into the project documents . The
intent of these requirements is that all matters associated
with the Contractor ' s administration , whether it be oriented• _
in furthering the work, or other, be governed direct by local
authority. This same requirement is imposed on insurance and
surety coverage. Should the Contractor 's local representative
fail to perform to the satisfaction of Engineer', the Engineer,
at his sole discretion , may demand that such local
representative be replaced and the Engineer may, at his sole
discretion , stop all work until a new local authority
satisfactory to the Engineer is assigned . No credit of
working time will be for periods in which work stoppages are
in effect for this reason. _
C3-3 . 15 VENUE : Venue of any action hereinunder, s.hall be
exclusively in Tarrant County, Texas.
C3-3 (8 )
PART C - GENERAL CONDITIONS
C4-4 SCOPE OF WORK
SECTION C4-4 SCOPE OF WORK
C4-4 . 1 INTENT OF CONTRACT DOCUMENTS : It is the definite
intention of these Contract Documents to provide for a
complete, useful project which the Contractor undertakes to
construct or furnish, all in full compliance with the
requirements and intent of the Contract Documents . It is
definitely understood that the Contractor shall do all 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. All such "Special Provisions"
shall be considered to be a part of the Contract Documents
just as though they were originally written therein.
C4-4 . 3 INCREASED OR DECREASED QUANTITIES: The Owner reserves
the right to alter the quantities of the work to be performed
or to extend or shorten the improvements at any time when and
.as found to be necessary, and the Contractor shall perform the
work as altered, increased or decreased at the unit prices.
Such increased. or decreased quantity shall not be more than 25
percent of the contemplated quantity of such item or items.
- When such changes increase or decrease the original quantity
of any item or items of -work to be done or materials to be
furnished by the 25 `percent or more, then either party to the
contract shall .upon, written request to the other party be
entitled to a revised consideration upon that portion of the
work above or below the 25 percent of the original quantity
stated in the proposal; such revised consideration to be
determined by special agreement or as hereinafter provided for
"Extra Work. " No allowance will be made for any changes in
anticipated profits nor shall such changes be considered as
C4-4 (1 )
waiving or invalidating any conditions or provisions of the
Contract Documents .
Variations in quantities of sanitary sewer pipes in depth -
categories, shall be interpreted herein as applying to the
overall quantities or sanitary sewer pipe in each pipe size,
but not to the various depth categories.
C4-4 . 4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the
Owner reserves the right to make such changes in the Contract
Documents and in the character or quantities of the work as
may be necessary or desirable to insure completion in the most
satisfactory manner, provided such changes do not materially
alter the original Contract Documents or change the general
nature of the project as a whole. Such changes shall not be
considered as waiving or invalidating any condition or
provision of the Contract Documents.
C4-4 . 5 EXTRA WORK: Additional work -made necessary by changes
and alterat'i-o-n-s-o-T the Contract Documents or of quantities or
for other reasons for which no prices are provided in the
Contract Documents, shall be defined as "Extra Work" and shall
be performed by the Contractor in accordance with these
Contract Documents or approved additions thereto; provided,
however, that before any extra work is begun a "Change Order"
shall be executed or written order issued by the Owner to do
the work for payments or credits as shall be determined by one
or more combination of the following methods:
a. Unit bid price previously approved.
b. An agreed lump sum.
C. The actual reasonable cost of (1) labor, (2) rental
of equipment used on the extra work for the time so
used at Associated General Contractors of America
current equipment rental rates ; ( 3 ) materials
entering permanently into the project, and (4 )
,actual cost of insurance , bonds , and social
security as determined by the Owner, plus a fixed
fee to be agreed upon but not to exceed 10% of the
actual cost of such extra work. The fixed fee, is
not to include any additional profit to the
Contractor for rental of equipment owned by him and -
used for the extra work. The fee shall be full and
complete compensation to cover the cost of
superintendence., overhead, other profit, general
and all other expense not included in (1 ) , ( 2 ) ,
( 3 ) , and ( 4 ) above. The Contractor shall keep
accurate cost records on the form and in the method
C4-4 (2)
suggested by the Owner and shall give the Owner
• access to all accounts , bills , vouchers , and
records relating to the Extra Work.
No "Change Order" shall become effective until it has been
approved and signed by each of the Contracting parties.
No claim for Extra Work of any kind will be allowed unless
ordered in writing by the Owner . In case any orders- or...
instructions , either oral or written, appear to -the Contractor
- to 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 estimate after such work
is done and unless the claim is supported by satisfactory
vouchers and certified payrolls covering all labor and
materials expended upon the said Extra Work.
The Contractor shall furnish the Owner such installation
records of all deviations from the original Contract Documents
as may be necessary to enable the Own.er to prepare for
permanent record a corrected set of plans showing the actual
installation.
The compensation agreed upon for ' extra work' whether or not
iniitiated by a ' change order ' shall be a full, complete and
final payment for all costs Contractor incurs as a result or
relating to the change or extra work, whether said costs are
known, unknown, foreseen or unforeseen at that time, including
without limitation, any costs for delay, extended overhead,
ripple- or impact cost, or any other effect on changed or
unchanged work as a result or the change or extra work.
C4-4 . 6 SCHEDULE OF OPERATIONS: Before commencing any work
under this contract, the Contractor shall submit to the Owner
and receive the Owner ' s approval thereof , a "Schedule of
Operations , " showing by a .straight line method the date of
commencing and finishing each of the major elements of the
contract . There shall be also shown the estimated monthly
cost of work for which estimates are to be expected. There
C4-4 (3)
shall be presented also a composite graph showing the
anticipated progress of construction with the time being
plotted horizontally and the percentage of completion plotted
vertically. The progress charts shall be prepared , on 8-1/2" x
11" sheets and at least five black or blue line prints shall
be furnished to .the Owner.
C4-4 . 7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT
FACILITIES: Within ten ( 10 ) days prior to submission of
first monthly progress payment , the Contractor shall
prepare and submit to the Owner for approval six copies of
the schedule in which the Contractor proposes to carry on
the work, the date of which he will start the several major
activities ( including procurement of materials, plans, and
equipment) and the contemplated dates for completing the
same. The schedule shall be in the form of a time schedule PM
Critical Path Method (CPM) network diagram. As the work
progresses, the Contractor shall enter on the diagram the
actual progress at the end of each partial *payment period
or at such intervals as directed by the Engineer. The
Contractor shall also revise the schedule to reflect any
adjustments in contract time approved by the Engineer.
Three copies of the updated schedule shall be delivered at
such intervals as directed by the Owner.
As a minimum, the construction schedule shall incorporate
all work elements and activities indicated in the proposal
and in the technical specifications.
Prior to the final drafting of the detailed construction
schedule, the Contractor shall review the draft schedule
with the Engineer to ensure the Contractor's understanding
of the contract requirements.
The following guidelines shall be adhered to in preparing
the construction schedule:
a. Milestone dates and final project completion
dates shall be developed to conform to time
constraints , sequencing requirements and
completion time.
b. The construction process shall be divided into
activities with time durations. of approximately
fourteen (14 ) days and construction values not to
exceed $50 , 000 . Fabrication , delivery and
submittal activities are exceptions to this
guideline.
C4-4 (4 )
C. Durations shall be in calendar days and normal
holidays and weather conditions over the duration
of the contract shall be accounted for within the
duration of each activity.
d. one critical path shall be shown on the
construction schedule.
e. Float time is defined as the amount of time
between the earliest start date and the latest
start date of a chain of activities of the CPM
construction schedule. Float time is not for the
exclusive use or benefit of either the Contractor
a or the owner.
f. Thirty days_ shall be used for submittal review
unless otherwise specified.
The construction schedule shall as a minimum be divided
into general categories as indicated in the Proposal and
Technical Specifications and each general category shall be
broken down into activities in enough detail to achieve
activities of approximately fourteen (14 ) days duration.
For each general category, the construction schedule shall
identify all trades or subcontracts whose work is
represented by activities that follow the guidelines of
this Section.
For each of the trades or subcontracts , the construction
schedule shall indicate the following procurements ,
construction and preacceptance activities and events in
their logical sequence for equipment and materials.
1. Preparation and transmittal of submittals.
2. Submittal review periods.
3. Shop fabrication and delivery.
4. Erection or installation.
5. Transmittal of manufacturer ' s operation and
maintenance instructions.
6. Installed equipment and materials testing.
7. Owner's operator instruction (if applicable) .
z 8. Final inspection.
C4-4 (5 )
9 . Operational testing.
10. Final inspection.
If , in the opinion of the Owner , work accomplished falls
behind that scheduled , the Contractor shall take such
action as necessary to improve his progress. In addition,
the Owner may require the Contractor to submit a revised
schedule demonstrating his program and proposed plan to
make up lag in scheduled progress. and to insure completion
of the work within the contract time. If the Owner finds
the proposed plan not acceptable , he may require the
Contractor to increase the work force , the construction '
plant and equipment , the number of work shifts or the
overtime operations without additional cost to the Owner.
Failure of ,the Contractor to comply with these requirements
shall be considered grounds for determination by the Owner
that the Contractor is failing to prosecute the work with
such diligence as will insure its completion within the
time specified.
C4-4 (6 )
r
PART C - GENERAL CONDITIONS
C5-5 CONTROL OF WORK AND
MATERIALS
•
SECTION C5-5 CONTROL OF WORK AND MATERIALS
C5-5 . 1 AUTHORITY OF ENGINEER: The work shall be performed to
the satisfaction of the Engineer and in strict compliance with
the Contract Documents . . He shall decide all questions which
arise as to the quality and acceptability of materials
furnished , 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, render and deliver to both
the Owner and Contractor, a written decision on the matter in
controversy.
C5-5 . 2 CONFORMITY WITH PLANS: The finished project in all
cases shall conform with lines , grades , cross-sections ,
finish , and dimensions shown on the plans or any other
requirements otherwise described in the Contract Documents .
Any deviation from the approved Contract Documents required by
the Engineer during construction will in 'all cases be
s determined by the •Engineer and authorized by the Owner by
Change Order.
�: C5-5 (1)
C5-5 . 3 COORDINATION OF CONTRACT DOCUMENTS: The Contract
Documents are made up of several sections , which , taken
together , are intended to describe and provide for a complete
and useful project, and any requirements appearing in one of
the sections is as binding as though it occurred in all
sections. In case of discrepancies , figured dimension shall _
govern over scaled dimensions , plans shall govern over
specifications, special conditions shall govern over general
conditions and standard specifications, and quantities shown
on the plans shall govern over those shown in the proposal.
The Contractor shall not take advantage of any apparent error
or omission in -the Contract Documents , and the Owner shall be
permitted to make such corrections or interpretations as may
be deemed necessary for the fulfillment of the intent of the
Contract Documents. In the event the Contractor discovers an
apparent error or discrepancy, he shall immediately call this T
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.
CS-5 . 4 COOPERATION OF CONTRACTOR: The Contractor will be
furnished with three sets of the Contract Documents and shall
have available on the site of the project at all times one set
of such Contract Documents.
The Contract shall give to the work the constant attention
necessary to facilitate the progress thereof and'4shall
cooperate with the Engineer , his inspector , and other PO
Contractors in every possible way.
The Contractor shall at all times have competent personnel �.
available to the project site for proper performance of the
work. The Contractor shall provide and maintain at all times-
at the site of the project a competent , English-speaking
superintendent and an assistant who are fully authorized to
act as the Contractor ' s agent on the 'work . Such
superintendent and his assistant shall be capable of reading
and understanding the Contract Documents and shall receive and
fulfill instructions from the Owner, the Engineer, or his
authorized representatives . Pursuant to this responsibility
of the Contractor, the Contractor shall designate in writing
to the project superintendent, to act as the Contractor ' s
agent on the work. Such assistant project superintendent
shall -be a resident of Tarrant County, Texas and shall be _
subject -to call, as is the project Superintendent, at any time
of the day or night on any day of the week on which the
Engineer determines that circumstances require the presence on
the project site of a representative of the Contractor to _
C5-5 (2)
adequately provide for the safety or convenience of the
traveling public or the owners of property across which the
project extends or the safety of property contiguous to the
project routing.
The Contractor shall provide all facilities to enable the
Engineer and his inspector to examine and inspect the
workmanship and materials entering into the work.
C5-5 . 5 EMERGENCY AND/OR RECTIFICATION WORK: When , in the
opinion of the Owner or Engineer, a condition of 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
s corrections necessary to conform with the requirements of the
project specifications or plans , the Engineer shall give the
Contractor written notice that such work or changes are to be
performed. The written notice shall direct attention to the
discrepant condition and request the Contractor to take
remedial action to correct the condition. In the event the
Contractor does not take positive steps to fulfill this
written request, or does not show just cause for not taking-
the proper action, within 24 hours , the City may take such
remedial action with City forces or by contract. The City
shall then deduct an amount equal to the entire costs for such
remedial action, plus 25%, from any funds due .the Contractor
on the project.
C5-5 . 6 FIELD OFFICE: The Contractor shall provide, at no
extra compensation, an adequate field office for use of the
Engineer , if specifically called for. The field office shall
be not less than 10 by 14 feet in floor area, substantially
constructed , well heated , air conditioned, lighted, and
weather-proof , so that documents will not be damaged by the
elements.
C5-5 . 7 CONSTRUCTION STARES: The City, through its Engineer,
will furnish the Contractor with all lines , grades , and
measurements necessary to the proper prosecution and control
of the work contracted for under these Contract Documents , and
lines , grades and measurements will be established by means of-
stakes or other customary method of marking as may be found
consistent with good practice.
C5-5 (3 )
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 ori
guidance shall be preserved by the Contractor until he is
authorized by the Engineer to remove them. Whenever, in the
opinion of the Engineer , any stakes or markings have been
carelessly or willfully destroyed, disturbed, or removed by
the Contractor or any of his employees , the full cost of
replacing such stakes or marks plus 25% will be charged
against the Contractor, and the full amount will be deducted
from payment due the Contractor.
C5 -5 . 8 AUTHORITY AND DUTIES 'OF CITY INSPECTORS : City �.
Inspectors will be authorized to inspect all work done and to
be done and all materials furnished. Such inspection may
extend to all or any part of the work, and the preparation or
manufacturing of the materials to be used or 'equipment to be
installed. A City Inspector may be stationed on the work to
report to the Engineer as to the progress of the work and the
manner in which it is being performed, to report any evidence +�
that the materials being furnished or the work being performed
by�Ithe Contractor fails to fulfill the requirements of the
Contract Documents , and to call the attention of the �.
Contractor to any such failure or other infringements . Such
inspection 'or lack of inspection will not relieve the
Contractor from any obligation to perform the work in
accordance with the requirements of the Contract Documents.
In case of any dispute arising between the Contractor and the
City Inspector as to the materials or equipment. furnished or
the manner of performing the work, the City Inspector will
have authority to reject materials or equipment to suspend
work until the question at issue can be referred to and be
decided by the Engineer . The City Inspector will not ,
however, be authorized to revoke, alter, enlarge, or release
any requirement of these Contract Documents, nor to approve or
accept any portion or section 'of the work, nor to issue any
instructions contrary to the requirements of the Contract -
Documerlts. 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
l form for performing any duties . The Contractor shall regard
and obey the directions and instructions of the City Inspector s
V or Engineer when the same are consistent with the obligations
i 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 Contractor 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
f' Contractor shall, at any time before acceptance of the work,
remove or uncover such portion of the finished work as may be
directed. After examination, the Contractor shall restore:
said portions of the work to the standard required by the
Contract Documents. `
Should the work exposed or examined prove acceptable, the
uncovering or removing and replacing of the covering or making
good of the parts removed shall be paid for as extra work, but
- should be work so exposed or examined prove to be
unacceptable, the uncovering or removing and the replacing of
all adjacent defective or damaged parts shall be at the
Contractor ' s expense. No work shall be done or materials used
without suitable supervision or inspection.
C5-5 . 10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work,
materials , or equipment which has been rejected shall be
remedied or removed and replaced in an acceptable- manner by
the Contractor at his own expense. Work done beyond the lines
and grades given or as shown on the plans , except as herein
specifically provided, or any Extra Work done without written
authority, will be considered as unauthorized and done at the
expense of the Contractor and will not be paid for by the
Owner . Work so done may be ordered removed at the
Contractor ' s expense. Upon the failure on.._the part of the
Contractor to comply with any order of the Engineer made under
the provisions of this paragraph, the Engineer will have the
authority to cause defective work to be remedied or removed
and replaced and unauthorized work to be removed, and the cost
thereof may be deducted from any money due or, to become due. to
the Contractor . Failure to require the removal of any
defective or unauthorized work shall . not constitute acceptance
of such works.
C5 - 5 . 11 SUBSTITUTE MATERIALS OR 'EQUITMENT : 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
preconstruction conference , make written application to
ENGINEER for approval of such substitute certifying in writing
that'-the proposed substitute will perform adequately the
_a 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)
substitute from that specified and indicating available
maintenance service . No substitute shall be ordered or
installed without the written approval of Engineer who will be
the judge of the equality and may require Contractor to _
furnish such other data about the proposed substitute as he
considers pertinent . No substitute shall be ordered or
installed without such performance guarantee and bonds as
Owner may require which shall be furnished at Contractor ' s
expense. 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 s
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 made 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
dimensions shown on the Plans relative to existing utilities
are based on the best information available. Omission from, or
the inclusion of utility locations on the Plans is not to be-
considered as the nonexistence of, or a definite location of,
existing underground utilities . The location of many gas
mains , water mains, conduits , sewer 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 utility companies at least forty eight
_. (48 ) hours in advance of construction including exploratory
excavation if necessary. All verification of existing
utilities and their adjustment shall be considered as
subsidiary work.
C5-5.15 INTERRUPTION OF SERVICE:.
a. Normal Prosecution: In the normal prosectuion of
work where the interruption of service is necessary,
the Contractor, at least 24 hours in advance, shall
be required to:
1. Notify the Water Department ' s Distribution'
Division as to location, time, and schedule of
_ service interruption.
C5-5 (7 )
2. Notify each customer. personally through
responsible personnel as to time and schedule
of the interruption of their service, or
3. In the event that personal notification of a
_.. customer cannot be made, a prepared tag form
shall be attached to the customer ' s entrance
door knob . The tag shall be durable in
composition, and in large bold type shall say:
"NOTICE"
Due to Utility Improvement in
your neighborhood, your (water) —
(sewer) service will be inter-
rupted on between
the hours of and
This inconvenience will be as
short as possible.
Thank you,
Contractor
Address Phone
b. 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 Contractor agrees to settle with such other
Contractor or sub-contractor by agreement or arbitration. If
such other Contractor or sub-contractor shall assert any claim
against the Owner on account of any damage alleged to have
been sustained, the Owner will notify the Contractor , who
shall indemnify and save harmless the Owner against any such
claim.
C5-5 . 17 CLEAN-UP: Clean-up of surplus and/or waste materials
accumulated on the job site during the prosecution of the work —
under these Contract Documents shall be accomplished in
keeping with a daily routine established to the the
satisfaction of the Engineer . Twenty-fours fours after
written notice is given to the Contractor that the clean-up on
the job site is proceeding in a manner unsatisfactory to the
Engineer , if the Contractor fails to correct the
C5-5 (8)
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 made. Such inspection
will be made within 10 days after such notification. After
such final inspection, if the work and materials and equipment
are found satisfactory, the Contractor will be notified in
writing of the acceptance of the same after the proper
resolution has been passed by the City Council . No time
charge will be made against the Contractor between said date
of notification of the Engineer and the date of final
inspection of the work.
C5-5 (9 )
PART C - GENERAL CONDITIONS
C6-6 LEGAL RELATIONS AND PUBLIC
RESPONSIBILITY
_
SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times
observe and comply with all Federal and State Laws and City
ordinances and regulations which in any way affect the conduct
of the work or his operations, and shall observe and comply
with all orders, laws, ordinances and regulations which exist
or which may be enacted later by bodies having jurisdiction or
_ authority for such enactment. No plea of misunderstanding or
ignorance thereof will be considered. The Contractor and his
Sureties shall indemnify and save harmless the City and all of
its officers , agents, and employees against any and all claims
or liability arising from or based on the violation of any
such law, ordinance, regulation , or order, whether it be by
himself or his employees.
C6-6 . 2 PERMITS AND LICENSES: The Contractor shall procure all
permits and licenses , pay all charges, costs and fees , and
give all notices necessary and incident to the 'due and lawful
prosecution of the work.
_ C6-6 . 3 PATENTED DEVICES , MATERIALS AND PROCESSES: If the
Contractor is required or 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
a indemnify the Owner. for any cost, expense, or damage which it
may be obliged. to pay, by reason of such infringement at any
time during the prosecution of the work or after completion of
the work, provided, however, that the Owner will assume the
responsibility to defend any and all suits brought for the
infringement of .any patent claimed to be infringed upon by the
design , type of construction or material or equipment
specified in the Contract Documents' furnished the Contractor
by the Owner , and to hold the Contractor harmless on account
of such suits .
C6-6 (1)
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
considered to be absolutely necessary by the Engineer. The
Contractor is required to maintain at all times all phases of
his work in such a manner as not to impair the safety or
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 occupy such portions
of the public streets and alleys , or other public places or
other rights-of-way as provided for in the ordinances of the
City , as shown in the Contract Documents , or as may be
specifically authorized in writing by the Engineer . A
reasonable amount of tools , materials , and equipment for
construction purposes maybe 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 for permits shall be done by and through the
City. The Contractor shall give the City notice not less than
five days prior to the time of his intentions to begin work on
that portion of the project which is related to the railway
properties . The Contractor will not be given extra or
additional compensation for such railway crossings unless
specifically set forth in the Contract Documents.
C6-6 . 8 BARRICADES WARNINGS AND WATCHMEN: Where the work is
carried on in or adjacent to any street, alley , or public
place, the Contractor shall at his own expense furnish, erect,
and maintain such barricades , fences , lights and danger
signals , shall provide such watchmen, and shall take all such
other precautionary measures for the protection of persons or
property and of the work as are necessary. Barricades and
fences shall be painted in a color that will be visible at
night, • From sunset to sunrise the Contractor shall furnish
and maintain--at least one -easily-visible-burning light at each —
barricade. A sufficient number of barricades shall be erected
and maintained to keep pedestrians away from, ' and vehicles
from being driven on or into, any work under construction or
being maintained. The Contractor shall furnish watchmen and
keep them at their respective assignments in sufficient
numbers to protect the work and prevent accident or damage.
All installations and procedures shall be consistent with the
provisions set forth in the "1980 Texas Manual on Uniform
Traffic Control Devices for Streets and Highways" issued under
the authority of the "State of Texas Uniform Act Regulating
Traffic on Highways" , codified as Article 6701d Veron' s Civil
Statutes, pertinent sections being Section Nos. 27 , 29 , 30 and
31.
e
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
_a 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 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
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
v 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 WORK WITHIN EASEMENTS: Where the work passes over,
through, or into private property, the Owner will provide such
right-of-way or easement privileges as the City may deem
necessary for the prosecution of the work. Any additional
rights-of-way or__work area--considered necessary by the
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
s 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.
All fences encountered and removed during construction- of
this project shall be restored to the original . or a better
than original condition upon completion of this project.
When wire fencing, either wire mesh or barbed wire is to be
crossed, the Contractor shall set cross braced posts on
either side of permanent easement before the fence is cut .
Should additional fence cuts be necessary, the Contractor
shall provide cross braced posts at point of the proposed
cut in addition to the cross braced posts provided at the
permanent easements limits, before the fence is cut.
Temporary fencing shall be erected in place of the fencing
removed whenever the work is not in progress and when the
site is vacated overnight, and/or at all times to prevent
livestock from entering the construction area. The cost for
fence removal, temporary closures and replacement shall be
subsidiary to the various items bid in the project
C6-6 (7 )
proposal. Therefore, no separate payment shall be allowed
for any service associated with this work.
In case of failure on the part of the Contractor to restore
such property to make good such damage or injury, the Owner
may, upon 48 hour written notice under ordinary circumstances,
and without notice when a nuisance or hazardous condition
results , proceed to repair, rebuild, or otherwise restore such
property as may be determined by the Owner to be necessary,
and the cost thereby will be deducted from any monies due or
to become due to the Contractor under this Contract.
C6-6 . 11 INDEPENDENT CONTRACTOR: It is understood and agreed
y 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 performed hereunder by Contractor, its officers, agents,
employees, contractors, subcontractors, licensees or invitees ,
whether or not caused , in whole or in part , by alleged
negligence on the part of officers , agents , servants , ►�
employees, contractors, subcontractors, licensees and invitees
of the* owner; and said Contractor does hereby covenant and
agree to assume all liability and responsibility of Owner, its
officers agents, servants and employees for property damage or
loss , and/or. personal injuries, including death, to any and
all persons of whatsoever kind or character, whether real or
asserted, arising out of or in connection with, directly or
indirectly, the work and services to be performed hereunder by
Contractor , its officers , agents employees , contractors ,
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. At 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 on
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
for compensation shall be waived, and. he shall not be entitled
to payment on account of such damages.
C6-6 . 14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES. ETC. :
In case it is necessary to change , move , or alter in any mow
manner the property of a public utility or others, the said
property shall not be moved or interfered with until orders
thereupon have been issued by the Engineer. The right is
reserved to the owners of public utilities to enter the ~
geographical--limits of-"the Contract for the purpose of making
such changes or repairs to their property that may be
necessary by the performance of this contract.
C6-6 . 15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing
sewer lanes 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 .
All piping required beyond the point of delivery shall be
installed by the Contractor at his own expense.
s 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 Ordinance , or where no ordinance
_ applies , payment shall be made on estimates and rates
established by the Director of the Fort Worth Water
Department.
C6-6 . 17 USE OF A SECTION OR PORTION OF THE WORK:_- Whenever, .-in
the opinion of the Engineer, any section or portion of the
work or any structure is in suitable condition, it may be put
into use upon the written order of the Engineer , and such
usage shall not be held to be in any way an acceptance of said
work or structure or any part thereof or as a waiver of any of
the provisions of these Contract Documents. All necessary
repairs and removals of any section of the work so put into
use, due to defective materials or workmanship, equipment, or
= to deficient operations on the part of the Contractor , shall
be performed by the Contractor at his own expense.
C6-6 . 18 CONTRACTOR ' S RESPONSIBILITY FOR THE WORK: Until
written acceptance by the Owner as provided for in these'
Contract Documents , the work shall be under the charge and
care of the Contractor, and he shall take every necessary
precaution to prevent injury or damage to the work or any part
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 th.is contract by
issuing to his supplier an exemption certificate in lieu of
-tax,--said exemption certificate to comply with State
Comptroller ' s Ruling . 007 . Any such exemption certificate
/ issued by the Contractor in lieu of the tax shall be subject
to and shall comply with the provisions of State Comptroller's
i Ruling. . 011, and any other applicable State Comptroller
;. rulings pertaining to the Texas Limited Sales, Excise, and Use
Tax Act.
On a contract awarded by a developer for the construction of a
publicly-owned improvement in a street right-of-way or other
easement which has been dedicated to the public and the City
of Fort Worth, an organization which qualifies for exemption
pursuant to the provisions of Article 20.04 (E) of the Texas
limited Sales , Excise, and Use Tax Act, the Contractor can
probably be exempted in the same manner stated above.
C6-6 (12 )
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 super intendance, 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, or otherwise dispose of - the contract
or his right, title, or interest therein or any part thereof,
to any person or persons, partnership , company , firm, or
corporation, or does by bankruptcy, voluntary or involuntary,.
or by assignment under the insolvency laws of any state ,
attempt to dispose of the contract may, at the option of the
4 Owner be.- revoked and. annulled , unless the Sureties shall
successfully complete said contract, and in the event of any
such revocation or annulment, any monies due or to become due
under or by virtue of said contract shall be retained by the
Owner as liquidated damages for the reason that it would be
" impracticable and extremely difficult to fix .the actual
-. damages.
C7-7 . 3 -PROSECUTION OF THE WORK: Prior to beginning any
construction 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 form, 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
for the proper execution .of the work, the Engineer may require
the Contractor to finish - the section on which operations are
in • progress before the work is commenced on any additional
section or street.
;f
C7-7 . 5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall
be used by the Contractor. is available. The Contractor may
bring in from outside the City of Fort Worth his key men and
his superintendent. All other workmen, including equipment
operators , may be imported only after the local supply is
exhausted . The Contractor shall employ only such
superintendents , foremen , and workmen who are careful ,
competent, and fully qualified to perform the duties or tasks
assigned to them, and the Engineer may demand and secure the
summary dismissal of any person or persons employed by the
Contractor in or about or on the work who, in the opinion of
the Owner , shall misconduct himself or be found to be
incompetent , disrespectful , intemperate , dishonest , or
C7-7 (2)
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 WORK SCHEDULE: Elapsed working days shall be computed
starting with the first day of work completed as defined in
C1-1 . 23 "WORKING DAY"' or the date stipulated in the "WORK
. ORDER" for beginning work, whichever comes first.
Nothing in these Contract Documents shall be construed as
prohibiting the Contractor from working on Saturday, Sunday or
Legal Holidays, providing that the following requirements are
met:
a. A request to work on a specific Saturday, Sunday or
Legal Holiday must be made to the Engineer no later
than the proceeding Thursday.
b. Any work to be done on the project on such a
specific Saturday, Sunday or Legal Holiday must be,
in the opinion of the Engineer, essential to the
timely completion of the project.
The Enginee'r ' s decision shall be final in response to such a
request for approval to work on a specific Saturday, Sunday or
Legal Holiday, and no extra compensation shall be allowed to
the Contractor for any work performed on such a specific
Saturday, Sunday or Legal Holiday.
Calendar Days shall be defined in C1-1. 24 and the Contractor
may work as he so desires.
C7-7 (3 )