HomeMy WebLinkAboutContract 15777 SECRETARY
!;) SPECIAL CONTRACT DOCUMENT
FOR
BIG FOSSIL SANITARY SEWER
1,
M-391 EXTENSION,
[BUREAU OF ENGRAVING AND PRINTING,WER PROJECT NO. 56-014006-00
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FORT WORTH WATER DEPARTMENT
RICHARD W. SAWEY - DIRECTOR
SPECIAL CONTRACT DOCUMENT
FOR
BIG FOSSIL SANITARY SEWER M-391 EXTENSION
BUREAU OF ENGRAVING AND PRINTING
PROJECT NO. 56-014006-00
RICHARD W. SAWEY
DOUGLAS HARMAN , DIRECTOR
CITY MANAGER WATER DEPARTMENT
LEE C. BRADLEY, JR.
DEPUTY DIRECTOR/ENGINEERING
WATER DEPARTMENT
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IPART A - NOTICE TO BIDDERS
Sealed proposals for the furnishing of all labor, materials and
equipment necessary for the construction of approximately 1 , 200
linear feet of thirty-six inch Sanitary Sewer pipe, 9,600 linear
feet of . thirty-inch Sanitary Sewer pipe, 3120 linear feet of
twelve inch Sanitary Sewer pipe and all other necesary appurten-
ances to provide a complete and functional sewer . Collection
facility designated as Big Fossil Sanitary Sewer M-391 Extension,
Bureau of Engraving and Printing, Sewer Project No. 56-014006-00
will be received at the office of the City Manager until:
11: 00 a.m. , Thursday, May 28, 1987;
and then publicly opened and read aloud.
d Special Contract Documents , including plans and supplemental
detailed specifications, have been prepared for this project and
may be obtained at Engineering Office of the Fort Worth Water
Department, City Hall , 1000 � Throckmorton Street , Fort Worth ,
Texas 76102 . Prequalification according to Fort Worth Water
Department Contract Specifications is required; General Contract
Documents and General Specifications for Water Department
projects , dated January 1 , 1978 , also comprise a part of the
Contract Documents for this project and may be obtained by paying
$50 for each set, at the Engineering Office of the Fort Worth
Water Department.
The City reserves the right to reject any or all bids and waive
u` any or all irregularities . No bid may be withdrawn until the
expiration of forty-five (45 ) days from the date bids are opened.
Douglas Harman
City Manager
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Ruth Howard
City Secretary
Publication: May 7 , 1987
May 14 , 1987
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I SPECIAL INSTRUCTIONS TO BIDDERS
l 1. PREQUALIFICATION REQUIREMENTS: A current financial state-
ment, an acceptable experience record, and an acceptable
equipment schedule must be filed with the Director of the
Water Department or with the Director of the Public Works
Department at least one week prior to the hour for opening
bids. The financial statement required shall have been pre-
pared 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 state-
ment shall be updated by proper verification. Proposals
submitted by a prospective bidder who has not fulfilled the
above requirements shall be returned unopened. Prospective
bidders whose qualifications are not deemed to be appropri-
ate to the nature and/or magnitude of the project on which
bids are to be received will be notified before the date of
the bid opening, and any proposals submitted by them shall
be returned unopened . 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 the 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.
2 . BID SECURITY: A cashier 's check, or an acceptable bidder' s
bond, payable to the City of Fort Worth, in an amount of not
less than five (5%) percent of the largest possible total of
the bid submitted must accompany the bid, and is subject to
forfeit in the event the successful bidder fails to execute
the Contract Documents within ten ( 10 ) days after the con-
tract has been awarded.
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3 . BONDS : A performance bond, a payment bond, and a mainten-
ance bond each for one hundred ( 100% ) percent of the con-
tract price will be required, Reference C 3-3.5.
4 . WAGE RATES: Not less than the prevailing wage rates estab-
lished by the City of Fort Worth, Texas, and as set forth in
the Contract Documents must be paid on this project.
5 . AMBIGUITY: In the case of ambiguity or lack of clearness in
stating prices in the Proposal, the City reserves the right
to adopt the most advantageous construction thereof to the
dCity or to reject the Proposal.
BIDDER LICENSE: Bidder must be licensed in the State of
6 . Texas .
7 . NONRESIDENT BIDDERS : Pursuant to Article 601g, Tex. Rev.
Civ. Stat . , the City of Fort Worth will not award this
contract to a nonresident bidder unless the nonresident' s
bid is lower than the lowest bid submitted by a responsible
Texas resident bidder by the same amount that a Texas
resident bidder would be required to underbid a nonresident
bidder to obtain a comparable contract in the state in which
the nonresident' s principal place of business is located.
" Nonresident bidder " means a bidder whose
principal place of business is not in this state ,
but excludes a contractor whose ultimate parent
company or majority owner has its principal place
of business in this state.
" Texas resident bidder means a bidder whose
principal place of business is in this state, and
includes a contractor whose ultimate parent
N company or majority owner has its principal place.
i of business in this state.
This provision does not apply if this contract
involves federal funds.
The appropriate blanks of the Proposal must be filled out by
all nonresident bidders inorder for your bid to meet
specifications . The failure of a nonresident contractor to
d do so will automatically disqualify that bidder.
! 8 . The City of Fort Worth has goals for the participation of
minority and women owned business enterprise in City
contracts . In order for a bid to be considered responsive,
the compliance statement in Attachment "A" contained in the
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proposal must be completed ; failure to do so result in the
proposal being non-responsive.
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PART B - PROPOSAL
( This proposal must not be removed from this book of Contract
Documents. )
ITO: Douglas Harman Fort Worth, Texas
City Manager
Fort Worth, Texas
PROPOSAL FOR: The furnishing of all materials, except materials
specified to be furnished by the City, equipment and labor for
the installation of thirty-six inch, thirty-inch, twelve-inch,
eight-inch sewer pipe all necessary appurtenances and incidental
work to provide a complete and serviceable project designated as :
Big Fossil Sanitary Sewer M-391 Extension
Project No. 56-014006-00
Pursuant to the foregoing "Notice to Bidders" , the undersigned
Bidder , having thoroughly examined the Contract Documents ,
including plans , special contract documents , and the General
contract Documents and General Specifications for Water
Department Projects , the site of the project and understanding
the amount of work to be done, and the prevailing conditions ,
hereby proposes to do all the work, furnish all labor, equipment
and material except as specified to be furnished by the City,
which is necessary to fully complete the work as provided in the
Plans and contract Documents and subject to the inspection ad
approval of the Director of the City Water Department of the City
of Fort Worth, Texas; and binds himself upon acceptance of this
Proposal to execute a contract and furnish an approved
Performance Bond, Payment Bond, Maintenance Bond, and such other
bonds , if any, as may be required by the Contract Documents for
the performing and completing of the said work . Contractor
proposes to do the work within the time stated and for the
following sums:
ITEM APPROXI.' DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID
( Furnish and install, including all appurtenant work, complete in
place, the following items ) (D-No. refers to related items in the
Part D Special Conditions : )
1. 50 L.F. 36 Inch Class IV, ASTM C-76
Thick wall, Concrete Pipe 0 ft.-
6 ft. Trench Depth; D-24; Per
Linear Foot:
Forty-seven Dollars
and No Cents $47.00 $2,350.00
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ITEM APPROXI. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID
I 2. 70 L.F. 36-Inch Class IV, ASTM C-76
Thick wall, Concrete Pipe 6 ft.-
10 ft. Trench Depth; D-24; Per
L Linear Foot:
I1 Forty-nine Dollars
and No Cents $49.00 $3,430.00
C 3. 400 L.F. 36-Inch Class IV, ASTM C-76
Thick wall, Concrete Pipe 10 ft.
- 14 ft. Trench Depth; D-24;
Per Linear Foot:
Fifty-two Dollars
and Twenty-five _ Cents $52.25 $20,900.00
4 . 750 L.F. 36-Inch Class IV, ASTM C-76
Thick wall, Concrete Pipe 14 ft.
18 ft. Trench Depth; D-24 ;
Per Linear Foot:
Fifty-six Dollars
and Twenty-five Cents $56.25 $42,187.50
5. 50 L.F. 36-Inch Class IV, ASTM C-76 -
Thick wall, Concrete Pipe 18 ft.
22 ft. Trench Depth; D-24;
Per Linear Foot:
Sixty-two Dollars
and NA Cents $62.00 $3,100.00
6. 30 L.F. 30-Inch Class IV, ASTM C-76
Thick wall, Concrete Pipe, Bore
r or Jack from Sta. 76+35+ to
9fl Sta. 76+65+, D-24;
Per Linear Foot:
One Hundred Dollars
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and No Cents $100,00 $3,000.00
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ITEM APPROXI. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID
t 7. 100 L.F. 30-Inch Class IV, ASTM C-76
I Thick wall, Concrete Pipe,
0 ft. - 6 ft. Trench Depth;
D-24; Per Linear Foot:
1 Thirty-four Dollars
and Eighty-five Cents $14.85 $ 3,485.00
8. 820 L.F. 30-Inch Class IV, ASTM C-76
Thick wall, Concrete Pipe,
6 ft. - 10 ft. Trench Depth;
D-24; Per Linear Foot:
Thirty-six Dollars
and Seventy-five Cents $36.75 $ 30,135.00
9. 7,800 L.F. 30-Inch Class IV, ASTM C-76
Thick wall, Concrete Pipe,
10 ft. - 14 ft. Trench Depth;
D-24; Per Linear Foot:
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Thirty-nine Dollars
and No _ Cents $39.00 $304,200.00
10 . 1,050 L.F. 30-Inch Class IV, ASTM C-76
Thick wall, Concrete Pipe,
14 ft. - 18 ft. Trench Depth;
D-24; Per Linear Foot:
Forty-three Dollars
and No Cents $43.00 $45,150.00
r 11. 100 L.F. 30-Inch Class IV, ASTM C-76
Thick wall, Concrete Pipe,
18 ft. - 22 ft. Trench Depth;
D-24; Per Linear Foot:
' Forty-nine Dollars
and No Cents $49.00 $4,900.00
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ITEM APPROXI. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID
12. 20 L.F. 24-Inch Class IV, ASTM C-76
Thick wall, Concrete Pipe,
10 ft. - 14 ft. Trench Depth;
D-24; Per Linear Foot:
Thirty-five Dollars
and No Cents $ 35.00 $ 700.00
13 . 50 L.F. 12-Inch Sanitary Sewer Pipe,
DR-14 PVC, 0 ft. - 6 ft. ,
Trench Depth; D-36 ; Per. Linear
Foot:
Eighteen _ Dollars
and Seventy-five Cents $ 18.75 $ 937.50
( 14 . 150 L.F. 12-Inch Sanitary Sewer Pipe,
p DR-14 PVC, 6 ft. - 10 ft. ,
Trench Depth; D-36; Per Linear
Foot:
'twenty Dollars
and No Cents $20.00 $ 3,000.00
15. 1,220 L.F. 12-Inch Sanitary Sewer Pipe,
DR-14 PVC, 10 ft. - 14 ft. ,
Trench Depth; D-36; Per Linear
Foot:
'twenty-one Dollars
and Fifty Cents $21.50 $ 26,230.00
16. 380 L.F. 12-Inch Sanitary Sewer Pipe,
DR-14 PVC, 14 ft. - 18 ft. ,
I , Trench Depth; D-36 ; Per Linear
Foot:
'twenty-three Dollars
and Fifty Cents $23.50 $8,930.00
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ITEM APPROXI. DESCRIPTION OF ITEMS WITH UNIT TOTAL
s NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID
17. 1,100 L.F. 12-Inch Sanitary Sewer Pipe,
DR-14 PVC, 18 ft. - 22 ft. ,
Trench Depth; D-36; Per Linear
Foot:
t Twenty-eight Dollars
11 and No Cents $28.00 $ 30,800.00
18 . 360 L.F. 12-Inch Sanitary Sewer Pipe,
DR-14 PVC, 22 ft. - 26 ft. ,
Trench Depth; D-36; Per Linear
Foot:
Thirty-six Dollars
and No Cents $36.00 $12,960.00
19.
50 L.F. 12-Inch Sanitary Sewer Pipe,
DR-14 PVC, 26 ft. - 30 ft. ,
Trench Depth; D-36; Per Linear
Foot:
Forty-eight Dollars
and No Cents $48.00 $ 2,400.00
20. 50 L.F. 8-Inch Sanitary Sewer Pipe,
10 ft. - 14 ft. , Trench Depth;
D-36 ; Per Linear Foot:
Twenty Dollars
and No Cents $20.00 $ 1,000.00
21. 16 EACH Standard 5-foot Diameter Manhole
to 6-foot in Depth with McKinley
waterproof manhole frame and cover as
shown on Plans; Per Each:
One Thousand Dollars
and No Cents $ 1000.00 $ 16,000.00
22. 119 L.F. Additional Depth over 6-foot of
Standard 5-foot Diameter Manhole;
k Per Linear Foot:
One Hundred Dollars
and No Cents $100.00 $ 11,900.00
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ITEM APPROXI. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID
23 . 6 EACH Standard 4-foot Diameter Manhole
to 6-foot in Depth with McKinley
waterproof manhole frame and
cover as shown on Plans; Per Each:
t Nine Hundred Dollars
and No Cents $900.00 $5,400.00
24 . 62 L.F. Additional Depth over 6-foot of
Standard 4-foot Diameter Manhole;
Per Linear Foot:
Ninety Dollars
F 90.00 5,580.00
and NO Cents $ $
25 . 20 C.Y. Class 'E' (1500#) Concrete for
Miscellaneous Placement, As Directed
By Engineer, D-10; Per Cubic Yard:
Forty Dollars
and No Cents $40.00 $800.00
26 . 20 C.Y. Class 'B' (2500# ) Concrete for
Miscellaneous Placement, As Directed
By Engineer, D-10; Per Cubic Yard:
Fifty Dollars
f and No Cents $50.00 $1,000.00
e 27 . 21,000 C.Y. Type 'B' Backfill, D-14; Per
Cubic Yard:
Seven Dollars
and Ten Cents $7.10 $149,100
28. 20 C.Y. Ballast Stone for Miscellaneous
� r Placement, As Directed by Engineer
D-10; Per Cubic Yard:
Ten Dollars
andNo Cents $10.00 $200.00
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ITEM APPROXI. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID
29. 100 C.Y. Crushed Limestone, As Directed by
Engineer, D-10, Per Cubic Yard:
Ten Dollars
and No Cents $10.00 $ 1,000.00
30 . 120 L.F. Concrete encasement, D-17, Fig. 113;
Per Linear Foot:
Forty Dollars
and No Cents $40.00 $ 4,800.00
31. 30 L.F. 3-Course Penetration on 2: 27
Concrete Base (at Harmon Road)
Fig. 5; D-37; Per Linear Foot:
Thirty Dollars
and No Cents $30.00 $ 900.00
32 . 5 EA. Vents for watertight manhole with
Wade Backwater Valve and- galvanized
piping as shown on Plans; D-39;
Per Each:
j Three Hundred Dollars
and No Cents $300.00 $ 1,500.00
Total Bid Amount $747,975.00
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PART B - PROPOSAL (CONT. )
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8 MATERIAL SUPPLIER INFORMATION FORM
The concrete pipe supplier information form bound with this
project manual shall be provided by the Contractor at the time
that bids were submitted.
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1. Concrete Pipe & Projects
Name of Manufacturer Type of Pipe
Fort Worth, Texas
Home Office Address of Manufacturer
Fort Worth; Texas
Location of Plant in which pipe and fittings are to be
manufactured
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PART B - PROPOSAL (Cont. )
Within ten ( 10) days after acceptance of this Proposal, the under-
signed will execute the formal contract and will deliver an approved
Surety Bond and such other bonds as required by the Contract Docu-
ments, for the faithful performance of the Contract. The attached
bid security in the amount of 5% is to become the property
of the City of Fort Worth, Texas, in the event the contract and bond
or bonds are not executed and delivered within the time above set
forth, as liquidated damages for the delay and additional work
caused thereby.
The undersigned bidder certified that he has been furnished at least
one set of the General Contract Documents and General Specifications
for Water Department Projects dated January 1 , 1978, and that he has
read and thoroughly understands all the requirements and conditions
of those General Documents and the specific Contract Documents and
appurtenant plans.
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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 appli-
cants to the undersigned are not discriminated against as prohibited
by the terms of City Ordinance No. 7278 as amended by City Ordinance '
No. 7400 .
The Bidder agrees to begin construction within 10 calendar days
after issue of the work order, and to complete the contract within
1�40� working days after beginning construction as set forth in the
written work order to be furnished by the Owner.
(Complete A or B below, as applicable: )
A. The principal place of business of our company is in the
Q 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.
I Nonresident bidders in the State of ,
our principal placeof business, are not required to
underbid resident bidders.
B. The principal place of business of our company or our
lel parent company or majority owner is in the State of Texas .
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Receipt is acknowledged of the following addenda:
Addendum No. 1 X (SEAL) If Bidder is Corporation
Addendum No. 2
Addendum No. 3
Respectfully submitted,
L. D. Conatser, Contractors
By:
L.D. Conatser, President
Title
P.O. Box 15302, Ft. Worth, TX 76119
Address
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Attachment A
CITY OF FORT WORTH
MINORITY AND WOMEN BUSINESS ENTERPRISE POLICY
SECTION 1: POLICY STATEMENT
It is the policy of the City. of Fort Worth to involve Minority
Business Enterprises (MBEs) and Women-Owned Business Enterprises
(WBEs) in all. phases of .its. procurement practices and to .provide
them equal opportunities to compete for contracts for construction,
professional services, purchases of equipment and supplies , and
provision of other services required by the City.
The City' s goals are 12% of the dollar value of contracts for MBEs
and 3% for WBEs. On City contracts of $25,000 or more, bidders
are required to meet the established minimum goals, or upon failure
to meet either the MBE and/or WBE goals, provide documentation of
their "Good Faith Efforts" .
The City will provide assistance, when requested, to MBEs by pro-
viding information on bid specifications, compliance with procure-
ment policy and fulfillment of general bid requirements. In
addition, the City will provide information on job performance
requirements, procurement opportunities and prerequisites for
bidding City contracts.
The City will encourage joint ventures among MBEs and WBEs and be-
tween majority and minority firms bidding for City contracts. The
City will seek and use its best efforts to insure that MBEs and
WBEs are informed of current and future procurement activities
through direct contact, coordination with assistance organizations
and placing certified MBEs and WBEs on the City' s bid list.
A minority business enterprise (MBE) means a business concern which
(a) is at least fifty-one percent owned by -one or more minority
individual (s) or, in the case of any publicly owned business at
least fifty-one percent of the stock which is owned by one or more
of the minority individual (s) and (b) whose management and daily
business operations are controlled by one or more of the minority
individual (s) who own it. Minority individuals means those indivi-
duals who are citizens of the U.S. or legal residents and are
members of one of the following groups: Black Americans, Hispanic
Americans, American Indians , Asian-Pacific Americans, and Asian-
Indian-Americans.
Women-Owned business (WBE) means a business concern which follows
the same guidelines as a "minority business" , but is women-owned.
SECTION 2: COMPLIANCE AT TIME OF BID OPENING
The City will consider the contractors performance regarding its
MBE and WBE participation in the evaluation of bids. Failure to
comply with the City' s MBE and WBE requirements or to demonstrate
a "Good Faith Effort" , will result in a bid being considered non-
responsive to specifications. . The lowest responsive bidder meeting
the MBE and WBE requirements and bid specifications will be awarded
the bid.
Rev. 10/22/86
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Bidders can comply with the program in one of three ways. Find the
one that applies to you and follow its instructions.
1. THE ENTIRE CONTRACT WILL SUPPLIED BY AN MBE OR WBE
If you are already certified by the City of Fort Worth, complete
the Compliance Statement and return it with your bid.
If you are not certified by the City of Fort Worth, complete
the attached Certification form (Schedule A) or contact the
City's MBE Office at (817) 870-6104, sign the Compliance
Statement (Attachment 1A). and return both with your bid.
2 . CONTRACT IS SUPPLIED WITH MBE AND WBE PARTICIPATION
If you will joint venture with an MBE and/or WBE,complete the
Schedule B (Joint Venture Form) and Attachment 1B, sign the
Compliance Statement (Attachment 1A) and return all three
with your bid.
If you will subcontract with an MBE and WBE in an amount that
i equals to or surpasses the City' s goals of 12% for MBEs and
3% for WBEs, complete Attachment 1B, sign the Compliance State-
ment (Attachment 1A) and return both with your bid.
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If either the MBE or WBE subcontract percentage is less than
the City' s stated goals, you must complete Attachment 1C to
show the "Good Faith Efforts" you made to meet the City' s
.goals. You should complete Attachment 1B to show the MBE and
WBE participation you will have, sign the Compliance Statement
(Attachment 1A) and return all with your bid.
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Remember all MBEs and WBEs must be certified or in the process
of being certified by the City of Fort Worth at the time of
bid opening. An MBE or WBE not already certified may contact
the City' s MBE Office at (817) 870-6104 to obtain a Certifica-
tion Form.
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3. CONTRACT SUPPLIED WITHOUT MBE AND WBE PARTICIPATION
A bidder that has failed to include any MBE or WBE participa-
tion may be awarded the contract upon the City' s determination
that the efforts the bidder made to meet the goals were "Good
Faith Efforts" . The City must determine that the bidder' s
efforts were those that, given all relevant circumstances , a
bidder actively seeking to meet the goals would make.
Sign the Compliance Statement (Attachment 1A) , complete
Attachment lC and provide any additional documentation that
will substantiate your "Good Faith Efforts" . Return all forms
and information with your bid.
Rev. 10/22/86
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SECTION 3: MBE AND WBE ASSISTANCE ORGANIZATIONS
A list of MBE and WBE businesses that have been certified by the
City of Fort Worth will be provided to you upon request. Additionally,
if there are questions regarding the interpretation of the City' s MBE
Policy, please contact the City' s MBE Office at:
City of Fort Worth
MBE Office
1000 Throckmorton
Fort Worth, Texas 76102
(817) 870-6104
i The following agencies can provide assistance in identifying potential
MBE and WBE firms to meet your goals:
Fort Worth Economic
Development Corporation
2914 E. Rosedale, Ste 204
Fort Worth, Texas 76105
(817) 535-2167
Minority Procurement Program
2315 North Main Street
Suite 300
Fort Worth, Texas 76106
(817) 625-4331
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Rev. 10/22/86
Attachment 1A
MBE AND WBE
COMPLIANCE STATEMENT
The undersigned bidder hereby certifies that they will comply with the
MBE and WBE policy, 'at time of bid opening, in the following manner:
(check one)
1 . ENTIRE CONTRACT SUPPLIED BY MBE OR WBE
(Check the appropriate statement)
Certified by the City of Fort Worth
In the process of being certified by the City of Fort Worth
Not certified by the City but Schedule A is enclosed
2 . X CONTRACT SUPPLIED WITH MBE AND/OR WBE PARTICIPATION
If MBE and WBE participation meet or exceed the City' s goals,
in both groups, complete Attachment 1B
If MBE or WBE participation is less than the City' s goals, in
either group, you must complete Attachment 1B and Attachment 1C
3 . CONTRACT SUPPLIED WITHOUT MBE OR WBE PARTICIPATION
t
Complete the Good Faith Effort Documentation Form (Attach-
ment 1C)
L. D. Conatser, Contractors
Authorized Signature Name of Company
L.D. Conatser, President
Title Date
The bidder further agrees to provide, directly to the City upon request,
complete and accurate information regarding actual work performed by the
MBE or WBE on the contract, the payment therefor and any proposed
changes to the original MBE or WBE arrangements submitted with this bid/
proposal. The bidder also agrees to allow an audit and/or examination
of any books, records, and files held by their company that will sub-
stantiate the actual work performed by the MBE or WBE on this contract,
by an authorized officer or employee of the City. Any material misre-
presentation will be grounds for terminating the contract and for
initiating action under Federal, State or- Local laws concerning false
statements.
(All MBEs/WBEs must be certified by the City before contract award)
Rev. 10/22/86
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ATTACHMENT 1C
Page 1 of 4
"GOOD FAITH EFFORT" DOCUMENTATION FORM
If you have failed to subcontract with MBE and WBE firms or if your MBE
and WBE participation is less than the City's goals, you must complete
this form. Failure to complete the required MBE and WBE participation
forms is a ground for rejection of the bid.
1. Did you obtain a list of MBE and WBE firms from the City' s MBE
Office? . Yes No
2. Did you contact any of the organizations that are available to
assist MBEs and WBEs? Yes No If yes, list them:
3. During your evaluation of this bid, did you identify any subcon-
tracting opportunities? Yes No
If yes , list the subcontracting areas identified:
i If no, please explain in detail:
i
4. Did you send written notice to, MBE and WBE firms soliciting their
bids on this project? Yes No If yes, attach copy (s) :
5. Did you solicit bids from MBE and WBE firms by telephone?
Yes No If yes, list firms on page 3 of this form.
6. If you propose to perform the entire contract without subcontractors
or suppliers , please provide a detailed explanation that proves,
I based on the size and scope of the project, this is your normal busi-
ness practice. (Additional space is provided on page 2)
7. Please provide any additional information you feel will further
explain your good faith efforts to solicit bids from MBEs and
WBEs on this project. (Additional space is provided on page 2)
Rev. 10/22/86
ATTACHMENT 1C
Page 2 of 4
6 . Additional space to complete explanation, if required.
i . Additional space to complete explanation, if required.
Rev. 10/22/86
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Attachment 1C
Page 4 of 4
The undersigned certifies that the information provided and the
MBEs and -WBEs listed was/were contacted in good faith. It is
understood that the MBEs and WBEs on the attached list will be
contacted and the reasons for not using them will be verified
by the City' s MBE Office.
The misrepresentation of facts is grounds for consideration of
disqualification and may result in a bidder being classified as
an irresponsible contractor and being barred from City of Fort
Worth work for a period of not less than six months.
Authorized Signature
i
L. D. Conatser, President
Title
L.D. Conatser, Contractors
Company Name
Date
i
Rev. 10/22/86
1
PART C - GENERAL CONDITIONS
TABLE OF CONTENTS
MARCH 1, 1987
41 TABLE OF CONTENTS
i C1-1 DEFINITIONS
I C1-1.1 Definition of Terms C1-1 (1)
C1-1.2 Contract Documents C1-1 (1)
C1-1.3 Notice to Bidders C1-1 (1)
I C1-1.4 Proposal Cl-1 (1)
C1-1.5 Bidder C1-1 (2)
C1-1.6 General Conditions C1-1 (2 )
C1-1.7 Special Conditions C1-1 (2)
C1-1.8 Specifications C1-1 (2)
C1-1.9 Bond C1-1 (2 )
I C1-1.10 Contract C1-1 ( 3)
C1-1.11 Plans C1-1 (3)
C1-1.12 City C1-1 (3)
C1-1.13 City Council C1-1 (3)
C1-1.14 Mayor C1-1 ( 3)
C1-1.15 City Manager C1-1 (3)
C1-1.16 City Attorney C1-1 (3)
C1-1.17 Director of Public Works C1-1 ( 3)
C1-1.18 Director, City Water Department C1-1 ( 3)
C1-1.19 Engineer C1-1 (4 )
C1-1.20 Contractor C1-1 (4 )
C1-1.21 Sureties Cl-1 (4 )
C1-1. 22 The Work or Project C1-1 (4 )
C1-1.23 Working Day Cl-1 (4)
C1-1.24 Calendar Day C1-1 (4 )
C1-1.25 Legal Holiday C1-1 (4)
C1=1.26 Abbreviations C1-1 (5)
C1-1.27 Change Order C1-1 (5)
C1-1.28 Paved Streets and Alleys C1-1 (5)
C1-1.29 Unpaved Streets and Alleys - C1-1 ( 6)
C1-1 . 30 City Streets C11 (6)
C1-1. 31 Roadway C1-1 ( 6)
C1-1.32 Gravel Street Cl-1 ( 6)
C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL
C2-2.1 Proposal Form C2-2 (1)
C2-2.2 Interpretation of Quantities C2-2 (1)
C2-2.3 Examination of Contract Documents and Site C2-2 ( 2)
C2-2.4 Submitting of Proposal C2-2 (2)
C2-2.5 Rejection of Proposals C2-2 ( 3)
C2-2.6 Bid Security C2-2 ( 3)
(1)
C2-2. 7 Delivery of Proposal C2-2 ( 3)
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 (4)
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 (3)
C3-3.9 Failure to Execute Contract C3-3 (4)
C3-3 .10 Beginning Work C3-3 (4)
C3-3.11 Insurance C3-3 (4 )
C3-3.12 Contractor's Obligations C3-3 ( 6)
C3-3.13 Weekly Payroll C3-3 ( 6)
C3-3.14 Contractor' s Contract Administration C3-3 (7)
C3-3.15 Venue C3-3 (7)
C4-4 SCOPE OF WORK
C4-4 .1 Intent of Contract Documents C4-4 (1)
- C4-4 .2 Special Provisions C4-4 (1)
C4-4 . 3 Increased or Decreased Quantities C4-4 (1)
C4-4 .4 Alteration of Contract Documents C4-4 (2)
C4-4 .5 Extra Work C4-4 (2 )
C4-4 .6 Schedule of Operations C4-4 ( 3)
C4-4 .7 Progress Schedules for Water and
Sewer Plant Facilities C4-4 (3)
C5-5 CONTROL OF WORK AND MATERIALS
C5-5.1 Authority of Engineer C5-5 (1)
C5-5.2 Conformity with Plans C5-5 (1)
C5-5. 3 Coordination of Contract Documents C5-5 (1)
C5-5.4 Cooperation of Contractor C5-5 (2)
C5-5. 5 Emergency and/or Rectification Work C5-5 ( 3)
C5-5.6 Field Office C5-5 ( 3)
C5-5.7 Construction Stakes C5-5 ( 3)
C5-5.8 Authority and Duties of Inspectors C5-5 ( 3)
C5-5.9 Inspection C5-5 (4 )
C5-5.10 Removal of Defective and Unauthorized Work C5-5 (5)
C5-5.11 Substitute Materials or Equipment C5-5 ( 5)
C5-5.12 Samples and Tests of Materials C5-5 (5)
C5-5.13 Storage of Materials C5-5 (6)
C5-5.14 Existing Structures and Utilities C5-5 (6)
C5-5.15 Interruption of Service C5-5 (7)
C5-5.16 Mutual Responsibility of Contractors C5-5 ( 8)
C5-5.17 Cleanup C5-5 ( 8)
C5-5.18 Final Inspection C5-5 ( 8)
(2)
C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
C6-6.1 Laws to be Observed C6-6 (1)
C6-6.2 Permits and Licenses C6-6 (1)
C6-6. 3 Patented Devices, Materials and Processes C6-6 (1)
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)
4 � C6-6.7 Railway Crossings C6-6 (4)
I C6-6.8 Barricades, Warnings and Watchmen C6-6 (4 )
C6-6.9 Use of Explosives, Drop Weight, etc. C6-6 (5)
1 C66.10 Work Within Easements C6-6 ( 6)
C6-6.11 Independent Contractor C6-6 ( 7)
C6-6.12 Contractor' s Responsibility for
Damage Claims C6-6 (8)
C6-6.13 Contractor's Claim for Damages C6-6 ( 9)
I C6-6.14 Adjustment of Relocation of Public
Utilities, etc. C6-6 ( 9)
C6-6.15 Temporary Sewer Drain Connections C6-6 (10)
C6-6.16 Arrangement and Charges of Water
Furnished by City C6-6 (10 )
C6-6.17 Use of a Section of Portion of the Work C6-6 (10)
l C6-6.18 Contractor's Responsibility for Work C6-6 (11)
l C6-6.19 No Waiver of Legal Rights C6-6 (11)
C6-6.20 Personal Liability of Public Officials C6-6 (11)
C6-6. 21 State Sales Tax C6-6 (11)
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 (3)
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)
I C7-7.11 Suspension by Court Order C7-7 (5)
C7-7.12 Temporary Suspension C7-7 (6)
C7-7.13 Termination of Contract due to
National Emergency C7-7 (6)
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 ( 9)
C7-7.17 Safety Methods and Practices C7-7 (12)
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)
C8-8.6 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 (4)
C8-8.12 Miscellaneous Placement of Material C8-8 (4)
C8-8.13 Record Documents C8-8 (5)
(4)
I
ti
PART C - GENERAL CONDITIONS
C1-1 DEFINITIONS
MARCH 1, 1987
9 ' SECTION Cl-1 DEFINITIONS
II C1-1 . 1 DEFINITIONS OF TERMS: Whenever in these Contract Documents
j the following terms or pronouns in place of them are used , the
I 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
I Documents govern all Water Department Projects and
include the following items:
I PART A - NOTICE TO BIDDERS (Sample) White
PART B - PROPOSAL (Sample) White
PART C GENERAL CONDITIONS (City) Canary Yellow
(Developer) Brown
PART D - SPECIAL CONDITIONS Green
PART E - SPECIFICATIONS E1-White
E2-Golden Rod
E2A-White
PERMITS/EASEMENTS Blue
PART F - BONDS (Sample) White
PART G - CONTRACT (Sample) White
b. SPECIAL CONTRACT DOCUMENTS : The Special Contract
Documents are prepared for each specific project as a
supplement to the General Contract 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 . 3 NOTICE TO BIDDERS : All of the legal publications either
actually published in public advertising mediums or furnished direct
C1-1 (1)
to interested parties pertaining to the work contemplated under the
Contract Documents constitutes the notice to bidders.
C1-1 . 4 PROPOSAL: The completed written and signed offer or tender of
a bidder to perform the work which the Owner desires to have done,
together with the bid security, constitutes the Proposal , which
becomes binding upon the Bidder when it is officially received by
the Owner , has been publicly opened and read and not rejected by the
Owner.
C1-1 . 5 BIDDER: Any person, persons, firm, partnership, company,
association , corporation , acting directly or through a duly
authorized representative, submitting a proposal for performing the
work contemplated under the Contract Documents , constitutes a
bidder.
C1-1 . 6 GENERAL CONDITIONS : The General Conditions are the usual
construction and contract requirements which govern the performance
of the work so that it will be carried on in accordance with the
customary procedure, the local statutes, and requirements of the
City of Fort Worth' s charter and promulgated ordinances.
Wherever there may be a conflict between the General Conditions and
Special Conditions , the latter shall take precedence and shall
govern.
C1-1 . 7 SPECIAL CONDITIONS : Special conditions are the specific
requirements which are necessary for the particular project covered
by the Contract Documents and not specifically covered in the
General Conditions. When considered with the General Conditions and
other elements of the Contract Documents they provide the
information which the Contractor and Owner should have in order to
gain a thorough knowledge of the project.
C1-1 . 8 SPECIFICATIONS : The Specifications is that section or part
of the Contract Documents which sets forth in detail the
requirements which must be met by all materials , construction,
workmanship, equipment and services in order to render a completed
and useful project . Whenever reference is made to standard
specifications , regulations , requirements , statutes , etc . , such
referred to documents shall become a part of the Contract Documents
just as though they were embodied therein.
C1-1 . 9 BOND : The bond or bonds are the written guarantee or
security furnished by the Contractor for the prompt and faithful
performance of the contract and include the following:
a. Performance Bond (see paragraph C3-3.7)
b. Payment Bond (see paragraph C3-3.7)
C. Maintenance Bond (see paragraph C3-3.7)
C1-1 (2)
f
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
I therefrom made by the Owner' s representative showing in detail the
location , dimension and position of the various elements of the
g project, including such profiles , typical cross-sections , layout
I 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.
g C1-1 . 13 CITY COUNCIL: The duly elected and qualified governing body
I 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
I Manager cif the City of Fort Worth , Texas , or his duly authorized
representative.
C1-1 . 16 CITY ATTORNEY : The officially appointed City Attorney of
the City of Fort Worth , Texas , or his duly authorized
representative.
C1-1 . 17 DIRECTOR OF PUBLIC WORKS : The 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.
l
C1-1 ( 3)
C1-1 . 19 ENGINEER: The Director of Public Works, the Director of the
Fort Worth City Water Department , or their duly authorized
assistants , agents , engineers, inspectors , or superintendents,
acting within the scope of the particular duties entrusted to them.
C1-1 . 20 CONTRACTOR: The. person, persons, partnership, company,
firm, association, or corporation, entering into a contract with the
Owner for the execution of the work, acting directly or through a
duly authorized representative. A sub-contractor is a person, firm,
corporation, or others under contract with the principal contractor,
supplying labor and materials or only labor, for work at the site of
the project.
C1-1 . 21 SURETIES : The Corporate bodies which are bound by such
bonds are required with and for the Contractor . The sureties
engaged are to be fully responsible for the entire and satisfactory
fulfillment of the Contract and for any and all requirements as set
forth in the Contract Documents and approved changes therein.
C1-1 . 22 THE WORK OR PROJECT: The completed work contemplated in and
covered by the Contract Documents, including but not limited to the
furnishing of all labor, materials, tools, equipment, and incident-
als necessary to produce a completed and serviceable project.
C1-1 . 23 WORKING DAY: A working day is defined as a calendar day,
not including Saturdays, Sundays , and legal holidays , in which the
weather or other conditions not under the control of the Contractor
permit the performance of the principal unit of work for a period of
not less than seven ( 7 ) hours between 7:00 a.m. and 6 :00 p.m. , with
exceptions as permitted in paragraph C7-7.6.
C1-1 . 24 CALENDAR DAYS : A calendar day is any day of the week or
month, no days being excepted.
C1-1 . 25 LEGAL HOLIDAYS : Legal holidays shall be observed as
prescribed by the City Council of the City of Fort Worth for
observance by City employees as follows:
1. New Year' s Day January 1
2. M. L. King, Jr. Birthday Third Monday in January
3. Memorial Day Last Monday in May
4. Independence Day July 4
5 . Labor Day First Monday in September
6. Thanksgiving Day Fourth Thursday in November
7 . Thanksgiving Friday Fourth Friday in November
8 . Christmas Day December 25
9. Such other days in lieu of
holidays as the City Council
may determine
C1-1 (4)
I
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
i 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
ffollows:
f AASHTO - American Association of MGD - Million Gallons Per
State Highway Transportation Day
officials
ASCE - American Society of Civil CFS - Cubic Foot per Second
Engineers 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
C1-1 . 27 CHANGE ORDER: A "Change Order" is a written supplemental
r 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:
C1-1 (5)
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 ( 41 )
feet back of the average edge of pavement where no curb exists.
C1-1 . 32 GRAVEL STREET: A gravel street is any unpaved street to
which has been added one or more applications of gravel or similar
material other than the natural material found on the street surface
before any improvement was made.
C1-1 (6)
SECTION C - GENERAL CONDITIONS
C2-2 INTERPRETATION AND
PREPARATION OF PROPOSAL
MARCH 1, 1987
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
1 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
I to the hour for opening of bids.
9 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
y given project, it must reflect the experience of the firm seeking
1 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
4 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
l materials to be furnished as may be listed in the proposal forms or
other parts of the Contract Documents will be considered as
I 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
C2-2(1)
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 ile 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 visit the site of
the project . and examine carefully all local conditions, to inform
themselves by their own independent research and investigations ,
tests , boring, and by such other means as may be necessary to gain a
complete knowledge of the conditions which will be encountered
during the construction of the project . They must judge for
themselves the difficulties of the work and all attending
circumstances affecting the cost of doing the work or the time
required for its completion, and obtain all information required to
make an intelligent proposal. No information given by the Owner or
any representative of the Owner other than that contained in
the Contract Documents and officially promulgated addenda thereto,
shall be binding upon the Owner. Bidders shall rely exclusively and
solely upon their own estimates , investigation, research, tests,
explorations , and other data which are necessary for full and
complete information upon which the proposal is to be based. It is
mutually agreed that the submission of a proposal is prima-facie
evidence that the bidder has made the investigations, examinations
and tests herein required. Claims for additional compensation due
to variations between conditions actually encountered in
construction and as indicated in the Contract Documents will not be
allowed.
The logs of Soil Borings , if any, showing on the plans are for
general information only and may not be correct. Neither the Owner
nor the Engineer guarantee that the data shown is representative of
conditions which actually exist.
C2-2 . 4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal
on the form furnished by the Owner. All blank spaces applicable to
the. project contained in the form shall be correctly filled in and
the Bidder shall state the prices, written in ink in both words and
numerals , for which he proposes to do the work contemplated or
furnishe the materials required. All such prices shall be written
C2-2(2)
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 guaranty that if awarded the
contract, the Bidder will within the required time execute a formal
contract and furnish the required performance and other bonds. The
bid security of the three lowest bidders will be retained until the
contract is awarded or other disposition is made thereof. The bid
security of all other bidders may be returned promptly after the
canvass of bids.
C2-2 . 7 DELIVERY OF PROPOSAL: No proposal will be considered unless
it is delivered, accompanied by its proper Bid Security, to the City
Manager or his representative in the 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.
I Each proposal shall be in a sealed envelope plainly marked with the
word " PROPOSAL , " and the name or description of the project as
I designated in the "Notice to Bidders . " The envelope shall be
addressed to the City Manager, City Hall, Fort Worth, Texas.
I
C2-2( 3)
f
C2-2 . 8 WITHDRAWING PROPOSALS : Proposals actually filed with the
City Manager cannot be withdrawn prior to the time set for opening
proposals . A request for non-consideration of a proposal must be
made in writing, addressed to the City Manager, and filed with him
prior to the time set for the opening of proposals . After all
proposals not requested for non-consideration are opened and
publicly read aloud , the proposals for which non-consideration
requests have been properly filed may, at the option of the Owner ,
be returned unopened.
C2-2 . 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify
his proposal by telegraphic communication at any time prior to the
time set for opening proposals , provided such telegraphic
communication is received by the City Manager prior to the said
proposal opening time, and provided further, that the City Manager
is. satisfied that a written and duly authenticated confirmation of
such telegraphic communication over the signature of the bidder was
mailed prior to the proposal opening time. If such confirmation is
not received within forty-eight ( 48 ) hours after the proposal
opening time , no further consideration will be given to the
proposal.
C2-2 . 10 PUBLIC OPENING OF PROPOSAL: Proposals which have been
_ properly filed and for which no "Non-consideration Request" has been
received will be publicly opened and read aloud by the City Manager
or his authorized representative at the time and place indicated in
the "Notice to Bidders . " All proposals which have been opened and
read will remain on file with the Owner until the contract has been
awarded. Bidders or their authorized representatives are invited to
be present for the opening of bids.
C2-2 . 11 IRREGULAR PROPOSALS: Proposals shall be considered as being
" Irregular" if they show any omissions , alterations of form,
additions , or conditions not called for , unauthorized alternate
bids, or irregularities of any kind. However, the Owner reserves
the right to waive any and all irregularities and to make the award
of the contract to the best interest of the City . Tendering a
proposal after the closing hour is an irregularity which cannot be
waived.
C2-2 . 12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified
and their proposals not considered for any of , but not limited to,
the following reason:
a. Reasons for believing that collusion exists among bidders.
b. Reasonable grounds for believing that any bidder is
interested in more than one proposal for work
contemplated.
C2-2(4 )
C. The bidder being interested in any litigation against the
Owner or where the Owner may have a claim against or be
t engaged in litigation against the bidder.
d. The bidder being in arrears on any existing contract or
having defaulted on a previous contract.
e. The bidder having performed a prior contract in an
unsatisfactory manner.
f. Lack of competency as revealed by the financial statement,
experience record, equipment schedule, and such inquiries
as the Owner may see fit to make.
g. Uncompleted work which, in the judgment of the Owner, will
prevent or hinder the prompt completion of additional work
if awarded.
h. The bidder not filing with the Owner, one week in advance
of the hour of the opening of proposals the following:
1. Financial Statement showing the financial condition
of the bidder as specified in Part "A" - Special
r Instructions.
41 2 . A current experience record showing especially the
projects of a nature similar to the one under
consideration , which have been successfully
completed by the Bidder.
3 . An equipment schedule showing the equipment the
bidder has available for use on the project.
The Bid Proposal of a bidder who, in the judgment of the Engineer,
is disqualified under the requirements stated herein, shall be set
aside and not opened.
9
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C2-2(5)
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1F
C
PART C - GENERAL CONDITIONS
y C3-3 AWARD AND EXECUTION OF
I DOCUMENTS
MARCH 1, 1987
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 ordienances 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.
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 (1)
C3-3 . 4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by
the Owner it cannot be withdrawn by the Bidder within forty-five
(45) days after the date on which the proposals were opened.
C3-3 . 5 AWARD OF CONTRACT: The Owner reserves the right to withhold
final action on the proposals for a reasonable time, not to exceed
forty-five ( 45 ) days after the date of opening proposals, and in no
event will an award be made until after investigations have been
made as to the responsibility of the proposed awardee.
The award of the contract, if 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 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
C3-3 (2)
I
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
I thereof , supplying labor and materials in the
prosecution of the work provided for in the contract
being constructed under these specifications. Payment
Bond shall remain in force until all payments as above
stipulated are made.
d. OTHER BONDS : Such other bonds as may be required by
these Contract Documents shall be furnished by the
Contractor.
No sureties will be accepted by the Owner which are at the time in
default or delinquent on any bonds or which are interested in any
litigation against the owner. All bonds shall be made on the forms
furnished by the Owner and shall be executed by an approved surety
company doing business in the City of Fort Worth, Texas, and which
is acceptable to the owner. In order to be acceptable, the name of
the surety shall be included on the current U.S. Treasury list of
acceptable sureties , and the amount of bond written by any one
acceptable company shall not exceed the amount shown on the Treasury
list for that company. Each bond shall be properly executed by both
f 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 apd the Contractor shall immediately provide a new surety
satisfactory to the Owner . No payment will be made under the
contract until the new surety or sureties , as required, have
qualified and have been accepted by the Owner . The contract shall
not be operative nor will any payments be due or paid until approval
of the bonds by the Owner.
C3-3 . 8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner
tt has by appropriate resolution, or otherwise, awarded the contract,
the Contractor shall execute and file with the Owner the Contract
and such bonds as may be required in the Contract Documents.
No contract shall be binding upon the owner until it has been
attested by the City Secretary, approved as to form and legality by
I
C3-3 (3 )
i'
the City Attorney, and executed for the Owner by either the Mayor or
City Manager.
C3-3 . 9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to
execute the required bond or bonds or to sign the required contract
within ten ( 10 ) days after the contract is awarded shall be
considered by the Owner as an abandonment of his proposal , and the
Owner may annul the Award. By reason of the uncertainty of the
market prices of material and labor, and it being impracticable and
difficult to accurately determine the amount of damages occuring to
the Owner by reason of said awardee' s failure to execute said bonds
and contract within ten ( 10 ) days , the proposal security
accompanying the proposal shall be the agreed amount of damages
which Owner will suffer by reason of such failure on the part of the
Awardee and shall thereupon immediately be forfeited to the Owner.
The filing of a proposal will be considered as an acceptance of this
provision by the Bidder.
C3-3 . 10 BEGINNING WORK: The Contractor shall not commence work
until authorized in writing to do so by the Owner . Should the
Contractor fail to commence work at the site of the project within
the time stipulated in the written authorization usually termed the
" Work Order" or " Proceed Order" , it is agreed that the Surety
Company will, within ten (10) days after the commencement date set
forth in such written authorization, commence the physical execution
of the contract.
C3-3 . 11 INSURANCE: The Contractor shall not commence work under
this contract until he has obtained all the insurance required under
the Contract Documents, and such insurance has been approved by the
Owner. The prime Contractor shall be responsible for delivering to
the Owner the sub-contractors ' 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.
C3-3 (4 )
6
! 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) .
I 2. Blasting, prior to any blasting being done.
4 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 .
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 $ 100 , 000 for
injuries including accidental death to any one person and
subject to the same limit for each person an amount not
less than $ 300 , 000 on account of one accident , and
automobile property damage insurance in an amount not
ti less than $50,000 .
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
C3-3 (5 )
I
any of the following special hazards which may be
encountered in the performance of the Contract.
f. PROOF OF CARRIAGE - OF INSURANCE: The Contractor shall
furnish the Owner with satisfactory proof of coverage by
insurance required in these Contract Documents in amounts
and by carriers satisfactory to the Owner . ( Sample
attached . ) All insurance requirements made upon the
Contractor shall apply to the sub-contractor, should the
Prime Contractor ' s insurance not cover the
sub-contractor' s work operations.
g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and
bonding companies with whom the Contractor ' s insurance
and performance, payment, maintenance and all such other
bonds are written shall be represented by an agent or
agents having an offige..located within the city limits of
the City of Fort Worth, Tarrant County, Texas . Each such
agent shall be a duly qualified, one upon whom 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
C3-3 (6)
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,
j 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
p operational business office within the Fort Worth-Dallas
1 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
I performance of the Contract. This local authority shall be made
I 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 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 cpverage. Should the Contractor' s local representative fail
to perform to the satisfaction of Engineer , the Engineer , at his
sole discretion , may demand that such local representative be
replaced and the Engineer may, at his sole discretion, stop all work
until a new local authority satisfactory to the Engineer is assigned.
No credit of working time will be for periods in which work
stoppages are in effect for this reason.
C3-3 . 15 VENUE: Venue of any action hereinunder shall be exclusively
in Tarrant County, Texas.
i
I
C3-3 (7)
i
i
CERTIFICATE OF INSURANCE
TO: CITY OF FORT WORTH, TEXAS Date
NAME OF PROJECT:
PROJECT NUMBER:
THIS IS TO CERTIFY THAT
(Name and Address of Insured)
is, at the date of this certificate, insured by this Company with respect to the
business operations hereinafter described, for the type of insurance and in
accordance with the provisions of the standard policies used by the Company, and
further hereinafter described. Exceptions to standard policy noted on reverse side
hereof.
TYPE OF INSURANCE
Policy No. Effective Expires Limits of Liability
Workman's Compensation
Comprehensive General Bodily Injury:
Liability Insurance Ea. Occurrence: $
(Public Liability) Property Damge:
Ea. Occurrence: $
Blasting Ea. Occurrence: $
Collapse of Buildings
or structures adjacent Ea. Occurrence: $
to excavations
Damage to Underground
Utilities Ea. Occurrence: $
Builder's Risk
Bodily Injury:
Comprehensive Ea. Person $
Automobile Ea. Occurrence: $
Liability Property Damage:
Ea. Occurrence: $
Bodily Injury:
Contractual Liability Ea. Occurrence: $
Property Damage:
Ea. Occurrence: $
Other
Locations covered:
Description of goperations covered:
The above policies either in the body thereof or by appropriate endorsement provide
that they may not be changed or cancelled by the insurer in less than f ive (5) days
after the insured has received written notice of such change/or cancellation.
Where applicable local laws or regulations reqire more than five (5) days actual
notice of change or cancellation to be assured, the above policies- contain such
special requirements, either in the body thereof or by appropriate endorsement
thereto attached.
Agency
Fort Worth Agent By
Address Title
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PART C - GENERAL CONDITIONS
C4-4 SCOPE OF WORK
MARCH 11 1987
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
I 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.
k
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 waiving
or invalidating any conditions or provisions of the Contract
Documents.
1
I C4-4 (1)
i
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
alterations of the Contract Documents or of quantities or for other
reasons for which no prices are provided in the Contract Documents,
shall be defined as "Extra Work" and shall be performed by the
Contractor in accordance with these Contract Documents or approved
additions thereto; provided, however, that before any extra work is
begun a "Change Order" shall be executed or written order issued by
the Owner to do the work for payments or credits as shall be
determined by one or more combination of the following methods:
a. Unit bid price previously approved.
b. An agreed lump sum.
C. The actual reasonable cost of ( 1 ) labor , ( 2 ) rental of
equipment used on the extra work for the time so used at
Associated General Contractors of America current
equipment rental rates ; ( 3 ) materials entering
permanently into the project, and ( 4 ) actual cost of
insurance, bonds , and social security as determined by
the Owner , plus a fixed fee to be agreed upon but not to
exceed 10% of the actual cost of such extra work. The
fixed fee is not to include any additional profit to the
Contractor for rental of equipment owned by him and used
for the extra work. The fee shall be full and complete
compensation to cover the cost of superintendence ,
overhead, other profit, general and all other expense not
included in (1) , (2 ) , ( 3) , and (4) above. The Contractor
shall keep accurate cost records on the form and in the
method 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.
C4-4 (2)
F '
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
p 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
I upon its performance, the Contractor shall proceed with the work
9 after making written request for written orders and shall keep an
accurate account of the actual reasonable cost thereof as provided
under method ( Item C ) . Claims for extra work will not be paid
unless the Contractor shall file his claim with the Owner within
five (5 ) days before the time for making the first estimate after
such work is done and unless the claim is supported by satisfactory
vouchers and certified payrolls covering all labor and materials
expended upon the said Extra Work.
The Contractor shall furnish the Owner such installation records of
all deviations from the original Contract Documents as may be
necessary to enable the Owner to prepare for permanent record a
corrected set of plans showing the actual installation.
The compensation agreed upon for ' extra work ' whether or not
iniitiated by a ' change order' shall be a full , complete and final
payment for all costs Contractor incurs as a result or relating to
the change or extra work, whether said costs are known, unknown,
foreseen or unforeseen at that time, including 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 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
I C4-4 ( 3)
I
Contractor proposes to carry on the work, the date of which he
will start the several major activities ( including procurement of
materials , plans, and equipment) and the contemplated dates for
completing the same. The schedule shall be in the form of a time
schedule Critical Path Method (CPM) network diagram. As the work
progresses, the Contractor shall enter on the diagram the actual
progress at the end of each partial payment period or at such
intervals as directed by the Engineer. The Contractor shall also
revise the schedule to reflect any adjustments in contract time
approved by the Engineer. Three copies of the updated schedule
shall be delivered at such intervals as directed by the Owner.
As a minimum, the construction schedule shall incorporate all
work elements and activities indicated in the proposal and in the
technical specifications.
Prior to the final drafting of the detailed construction
schedule, the Contractor shall review the draft schedule with the
Engineer to ensure the Contractor' s understanding of the contract
requirements.
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.
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 or the Owner.
f. Thirty days shall be used for submittal review unless
otherwise specified.
C4-4 (4)
I�
1
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. Tr-ansmittal of manufacturer ' s operation and maintenance
Iinstructions.
6. Installed equipment and materials testing.
7. Owner' s operator instruction ( if applicable) .
8. Final inspection.
9. Operational testing.
10. Fin&l inspection.
9 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
C4-4 (5)
i
I
Contractor is failing to prosecute the work with such diligence
as will insure its completion within the time specified.
C4-4 ( 6)
1 PART C - GENERAL CONDITIONS
C5-5 CONTROL OF WORK AND
MATERIALS
` MARCH 1, 1987
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
P 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
pdimensions shown on the plans or any other requirements otherwise
described in the Contract Documents . Any deviation from the
approved Contract Documents required by the Engineer during
construction will in all cases be determined by the Engineer and
authorized by the Owner by Change Order.
C5-5 . 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
1
C5-5 (1)
I
I
discrepancies , figured dimension shall govern over scaled
dimensions , plans shall govern over specifications , special
conditions shall govern over general conditions and standard
specifications, and quantities shown on the plans shall govern over
those shown in the proposal . The Contractor shall not take
advantage of any apparent error or omission in the Contract
Documents , and the Owner shall be permitted to make such corrections
or interpretations as may be deemed necessary for the fulfillment of
the intent of the Contract Documents . In the event the Contractor
discovers an apparent error or discrepancy, he shall immediately
call this condition to the attention of the Engineer. In the event
of a conflict in the drawings, specifications , or other portions of
the Contract Documents which were not reported prior to the award of
Contract, the Contractor shall be deemed to have quoted the most
expensive resolution of the conflict.
C5-5 . 4 COOPERATION OF CONTRACTOR: The Contractor will be furnished
with three sets of the Contract Documents and shall have available
on the site of the project at all times one set of such Contract
Documents.
The Contract shall give to the work the constant attention necessary
to facilitate the progress thereof and shall cooperate with the
Engineer , his inspector , and other Contractors in every possible
way.
The Contractor shall at all times have competent personnel available
to the project site for proper performance of the work . The
Contractor shall provide and maintain at all times at the site of
the project a competent, English-speaking superintendent and an
assistant who are fully authorized to act as the Contractor' s agent
on the work. Such superintendent and his assistant shall be capable
of reading and understanding the Contract Documents and shall
receive and fulfill instructions from the Owner, the Engineer , or
his authorized representatives. Pursuant to this responsibility of
the Contractor , the Contractor shall designate in writing to the
project superintendent, to act as the Contractor' s agent on the work.
Such assistant project superintendent shall be a resident of Tarrant
County , Texas and shall be subject to call , as is the project
Superintendent, at any time of the day or night on any day of the
week on which the Engineer determines that circumstances require the
presence on the project site of a representative of the Contractor
to 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 (2)
pC5-5 . 5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of
the Owner or Engineer, a condition of emergency exists related to
any part of the work, the Contractor, or the Contractor through his
designated representative, shall respond with dispatch to a verbal
request made by the Owner or Engineer to alleviate the emergency
condition. Such a response shall occur day or night, whether the
project is scheduled on a calendar-day or on a working-day basis.
Should the Contractor fail to respond to a request from the Engineer
to rectify any discrepancies, omissions, or corrections necessary to
conform with the requirements of the project specifications or
plans, the Engineer shall give the Contractor written notice that
such work or changes are to be performed. The written notice shall
direct attention to the discrepant condition and request the
Contractor to take remedial action to correct the condition. In the
event the Contractor does not take positive steps to fulfill this
written request, or does not show just cause for not taking the
proper action, within 24 hours , the City may take such remedial
action with City forces or by contract. The City shall then deduct
an amount equal to the entire costs for such remedial action, plus
25%, from any funds due the Contractor on the project.
C5-5 . 6 FIELD OFFICE: The Contractor shall provide, at no extra
compensation, an adequate field office for use of the Engineer , if
- specifically called for. The field office shall be not less than 10
by 14 feet in floor area , substantially constructed, well heated ,
air conditioned, lighted, and weather-proof, so that documents will
not be damaged by the elements.
C5-5 . 7 CONSTRUCTION STAKES : The City, through its Engineer, will
furnish the Contractor with all lines , grades , and measurements
necessary to the proper prosecution and control of the work
contracted for under these Contract Documents, and lines , grades and
measurements will be established by means of stakes or other
customary method of marking as may be found consistent with good
practice.
!ul These stakes or markings shall be set sufficiently in advance of
construction operations to avoid delay. Such stakes or markings as
may be established for the Contractor ' s use or guidance shall be
preserved by the Contractor until he is authorized by the Engineer
to remove them. Whenever, in the opinion of the Engineer, any stakes
or markings have been carelessly or willfully destroyed, disturbed,
or removed by the Contractor or any of his employees, the full cost
of replacing such stakes' or marks plus 25% will' be charged against
the Contractor, and the full amount will be deducted from payment
due the Contractor.
C5-5 . 8 AUTHORITY AND DUTIES OF CITY INSPECTORS : City Inspectors
h will be authorized to inspect all work done and to be done and all
C5-5 (3)
materials furnished. Such inspection may extend to all or any part
of the work, and the preparation or manufacturing of the materials
to be used or equipment to be installed. A City Inspector may be
stationed on the work to report to the Engineer as to the progress
of the work and the manner in which it is being performed, to report
any evidence that the materials being furnished or the work being
performed by the Contractor fails to fulfill the requirements of the
Contract Documents, and to call the attention of the Contractor to
any such failure or other infringements. Such inspection or lack of
inspection will not relieve the Contractor from any obligation to
perform the work in accordance with the requirements of the Contract
Documents. In case 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 Documents. He will in no case act as superintendent or
foreman or perform any other duties for the Contractor, or interfere
with the management or operation of the work. He will not accept
from the Contractor any compensation in any form for performing any
duties . The Contractor shall regard and obey the directions and
instructions of the City Inspector or Engineer when the same are
consistent with the obligations of the Contract Documents, provided,
however, should the Contractor object to any orders or instructions
of the City Inspector , the Contractor may within six days make
written appeal to the Engineer for his decision on the matter in
controversy.
C5-5 . 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 Contractor shall , at
any time beZore 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 (4 )
l
C5-5 . 10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work,
` materials, or equipment which has been rejected shall be remedied or
1 , 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 EQUIPMENT: If the Specifications,
law, ordinance, codes or regulations permit Contractor to furnish or
use a substitute that is equal to any material or equipment
specified, and if Contractor wishes to furnish or use a proposed
substitute, he shall , prior to the preconstruction conference, make
written application to ENGINEER for approval of such substitute
certifying in writing that the proposed substitute will perform
adequately the functions called for by the general design , be
similar and of equal substance to that specified and be suited to
the same use and capable of performing the same function as that
specified; and identifying all variations of the proposed substitute
y from that specified and indicating available maintenance service .
fl 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 .
�h Contractor shall indemnify and hold harmless Owner and Engineer and
� i anyone directly or indirectly employed by either of them from and
against the claims , damages , losses and expenses ( including
attorneys fees) arising out of the use of substituted materials or
equipment.
C5-5 . 12 SAMPLES AND TESTS OR MATERIALS : Where, in the opinion of
the Engineer, or as called for in the Contract Documents , tests of
materials or equipment are necessary, such tests will be made at the
expense of and paid for direct to the testing agency by the Owner
I 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
I �
C5-5 (5 )
I �
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 EngineeK 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
t e 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 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 Jto 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
C5-5 (6 )
clearances . The Contractor shall take all necessary precautions in
f order to protect all existing utilities , structures and service
I 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:
t 1. Notify the Water Department ' s Distribution Division
as to location , time , and schedule of service
interruption.
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
f 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
Y interruption occurs , notice shall be as above , but
immediate.
C5-5 (7 )
l
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 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 (8)
PART C - GENERAL CONDITIONS
C6-6 LEGAL RELATIONS AND PUBLIC
RESPONSIBILITY
MARCH 1, 1987
1 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
1 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 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)
y
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 , 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
C6-6 (2 )
1
1!
R 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
GG Documents, or as may be specifically authorized in writing by the
N Engineer . A reasonable amount of tools , materials, and equipment
for construction purposes may be stored in such space, but no more
than is necessary to avoid delay in the construction operations.
Excavated and waste materials shall be piled or stacked in such a
! way as not to interfere with the use of spaces that may be
designated to be left free and unobstructed and so as not to
inconvenience occupants of adjacent property. If the street is
occupied by railway tracks , the work shall be 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
C6-6 (3 )