HomeMy WebLinkAboutContract 36011 FORTWORTH,
WATER
ORIGINAL
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SPECIAL CONTRACT DOCUMENTS
FOR
FORT WORTH WATER
DEPARTMENT EMERGENCY
RESPONSE CONTRACT
PROJECT NO.: PE45-539120
(Water Production)
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MIKE MONCRIEF CHARLES R. BOSWELL
MAYOR CITY MANAGER
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' S. FRANK CRUMB, P.E., DIRECTOR
WATER DEPARTMENT
PREPARED BY WATER DEPARTMENT
FORT WORTH WATER DEPARTMENT
EMERGENCY RESPONSE CONTRACT
FWWD Project No. PE45-539120
August, 2007
s� ............. .........
nCHRIS P !�ARiDER
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Chris P. Harder, P.E.
Fort Worth Water Department
! 1000 Throckmorton Street
Fort Worth, Texas 76102
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Approved: Charly Angadicheril
s Assistant Director
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TABLE OF CONTENTS
' FORT WORTH WATER DEPARTMENT EMERGENCY
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RESPONSE CONTRACT
PART A - NOTICE TO BIDDERS
Notice to Bidders
Special Instructions to Bidders
PART B - PROPOSAL
Proposal
M/WBE Requirements
PART C - GENERAL CONDITIONS
PART CS - SUPPLEMENTARY CONDITIONS
PART D - SPECIAL CONDITIONS
PART E - TECHNICAL SPECIFICATIONS
City of Fort Worth Material (E-1) and Construction (E-2)
Specifications from the Fort Worth Water Department, not
included herein)
' DIVISION 1 - GENERAL REQUIREMENTS
Item 0100 - Summary of Work
Item 0400 - Bypass Pumping, Flow
Control, and Plugging
PART F - BONDS AND INSURANCE
Certificate of Insurance
Performance Bond
Payment Bond
Contractor Compliance with Workers Compensation Laws
PART G - CONTRACTS
i G-100 Contract
APPENDIX "A" WASTE HAULERS PERMIT INFORMATION
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NOTICE TO BIDDERS
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Sealed proposals for the Fort Worth Water Department Emergency Response
Contract, will be received at the office of the Purchasing Manager until 1:30 P.M.,
Thursday, September 13th, 2007 and then publicly opened and read aloud at 2:00 P.M.
Plans, Specifications and Contract Documents for this project may be obtained at the
Water Department, Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas
76102. One set of documents will be provided at no cost to prospective bidders.
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General Contract Documents and General Specifications for Water Department projects,
dated January 1, 1978, with the latest revisions, also compromise a part of the Contract
Documents for this project and may be obtained by paying a non-refundable fee of$50.00
for each set, at the office of Water Department, Municipal Office Building, 1000
Throckmorton Street, Fort Worth, Texas.
All bidders submitting bids are required to be pre-qualified in accordance with the
requirements of the special instructions to bidders.
A pre-bid conference will be held at 10:00 AM on Wednesday, August 29th, 2007 at the
SCADA Conference Room, South Holly Water Treatment Plant, SCADA Building, 1511
11th Avenue, 76102, Fort Worth, Texas (MAPSCO 76G). The Engineer will transmit to
all prospective bidders of record such Addenda as he considers necessary in response to
questions arising at the pre-bid conference.
Bidders are responsible for obtaining all addenda to the contract documents and
acknowledging receipt of the addenda by initialing the appropriate spaces on the
PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected
as being non-responsive. Information regarding the status of addenda may be obtained by
contacting the Water Department at 817-392-8240.
The City reserves the right to reject any and/or all bids and waive any and/or all
formalities. No bid may be withdrawn until the expiration of ninety (90) days from the
date the bids are received.
For additional information regarding the project, contact Chris Harder, P.E. 817-871-
8293. For information regarding contract documents or plan holders lists, contact
Carmen Olivo at 817-392-8240.
Advertising Dates:
August 9, 2005
August 16, 2005
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SPECIAL INSTRUCTIONS TO BIDDERS
(WATER DEPARTMENT)
1. SPECIAL PROJECT PRE-QUALIFICATION REQUIREMENTS: All contractors submitting bids
on the project are required to meet the Fort Worth Water Department special pre-qualification
requirements for this project prior to submitting bids. Previous pre-qualification by the Fort Worth
Water Department will not be considered as meeting this requirement.
This one-time special project-specific process will pre-qualify potential bidders whose bids will be
considered for award based upon the financial statement and experience. In addition, the process will
establish a bid limit based on an analysis of the contractor's finances. It is the bidder's responsibility to
submit documentation for those items listed below, to the Water Department's designated
representative, at least fourteen (14) calendar days prior to the date of bid opening. The Water
I Department may request any other documents it may deem necessary. Any additional documents so
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requested shall be submitted to the Water Department's designated representative at least seven (7)
calendar days prior to the date of the opening bids
i (a) COVER LETTER. The cover letter provided by the prospective bidder with the pre-
qualification information must include the name of a contact individual that the City may contact
for additional information if needed.
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(b) FINANCIAL STATEMENT. The financial statement required shall have been prepared by an
independent certified public accountant or independent public accountant holding a valid permit
issued by an appropriate State licensing agency and shall have been so prepared as to reflect the
financial status of the submitting company. This statement must be current and not more than
one (1) year old. In the case that a late bidding date falls within the time a new statement is
being prepared,the previous statement shall be updated by proper verification.
(c) CONTRACTOR EXPERIENCE: 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 the work of
both the same nature and technical level as that of the project for which bids are to be received.
Experience must be on comparable projects and/or emergency response situations that were
completed no more than three (3) years prior to the date on which bids will be received.
_! References shall be submitted for a minimum of three (3) projects/situations where
wastewater/sludge was transferred from one point to another in an emergency situation and
where bypass pumping was involved. References must include a contact person name, telephone
number, project name, and the specific work done.
(d) EQUIPMENT LISTING: In order to perform emergency services of the nature specified
within this contract, it is critical that the prospective bidder have equipment available in close
vicinity to the City of Fort Worth. The prospective bidder shall submit the equipment owned by
their company, located within the Dallas/Fort Worth metroplex area, to be utilized in
1 performance of this contract. Where the prospective bidder intends to supplement his equipment
with equipment from another company, a letter from the other company along with the
equipment to be provided needs to be attached.
(e) PERSONNEL EXPERIENCE The prospective bidder shall submit the name and resume for
the proposed local project manager. This information shall include a list of similar projects that
the proposed project manager completed within the last three(3)years.
8i7i2007 Page 1 of 4
Special Instructions to Bidders
The Water Department will review each pre-qualification submittal. From the financial statement, the
maximum bid limit will be based on amount of liquid assets times 10. The following conditions will
apply:
(a) The Director of the Water Department shall be the sole judge as to the acceptability for financial,
experience and other qualifications to bid on any Fort Worth Water Department project.
(b) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as
such.
(c) The City, in its sole discretion, may reject a bid for failure to demonstrate an acceptable
performance, financial statement, equipment schedule,experience and/or expertise.
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(d) Any proposals submitted by a non pre-qualified bidder shall be returned unopened, and if
inadvertently opened, shall not be considered.
(e) It is the bidder's responsibility to check with the City to determine issuance of prequalification;
however, the City will attempt to notify prospective bidders whose qualifications (financial or
experience)are not deemed to be appropriate to the nature and/or the magnitude of the project on
which bids are to be received. Failure to notify shall not be a waiver of any necessary pre-
qualifications.
(f) JOINT VENTURES. In the event the Bidder on this contract is a Joint Venture, financial
statements from each joint venturer shall be submitted for prequalification, as well as the experience
record and list of equipment of each joint venturer. The financial statements required shall have been
prepared by an independent certified public accountant or independent public accountant holding a valid
license issued by an appropriate State licensing agency and shall have been so prepared as to reflect the
financial status of the each joint venturer. The statements 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. It is not required that each joint venturer
shall have the necessary experience and equipment, rather that combined, the joint venture has the
required experience and equipment. Upon request, the joint venture agreement shall be submitted for
review.
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j For additional information contact Mr. Chris Harder, Fort Worth Water Department at (817) 871-8293
(Fax 817-871-8410). Pre-qualification submittal should be sent to:
Mr. Chris Harder, P.E.
Fort Worth Water Department
1000 Throckmorton Street
Fort Worth, TX 76102-6212
2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE:
2.1.1 Before submitting his Bid, each Bidder must (a) examine the Contract Documents thoroughly,
(b) visit the work site to familiarize with local conditions that may in any manner affect
performance of the work, (c) familiarize himself with federal, state, and local laws, ordinances,
rules and regulations affecting performance of the work, and (d) carefully correlate his
observations with the requirements of the Contract Documents.
2.2 Reference is made to the Supplementary Conditions for the identification of those surveys and
investigation reports of subsurface or latent physical conditions at the site or otherwise affecting
performance of the work, which have been relied upon by Engineer in preparing-thc s"
8ni2007 Page 2 of 4 � ix, 7,,'
Special Instructions to Bidders
and Specifications. The data is furnished for information only and neither the Owner nor
Engineer guarantees the accuracy of the data. Before submitting his Bid each Bidder will, at his
1 own expense, make such additional surveys and investigations, as he may deem necessary to
determine his bid price for the performance of the work within the terms of the Contract
Documents.
The Bidder acknowledges by the submission of his bid that he is solely responsible for trench
excavation safety as prescribed by the Occupational Safety and Health Administration and
t HB662 and HB665 as amended by the 72nd Session of the Texas Legislature and amended by the
73rd Session of the Texas Legislature with BB 1569.
2.3.1 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he
has complied with every requirement of the Contract Documents.
3. BID FORM(PROPOSAL):
3.1 Bidders shall use the Bid(Proposal) forms included in these documents. Supplemental data to be
furnished shall be included in the same sealed envelope with Proposal.
3.2 Bid (Proposal)Forms must be completed in ink. The bid price of each item on the form must be
3 stated in words, if specifically requested, and/or numerals; in case of a conflict, words will take
i precedence.
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4. BID SECURITY: A cashier's check or an acceptable bidder's bond payable to the City of Fort Worth
1 in an amount of not less than five percent (5%) of the largest possible total of the bid submitted must
accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the
Contract Documents within ten (10) days after the contract has been awarded. To be an acceptable
surety on the bond, (1)the name of the surety shall be included on the current U.S. Treasury, or(2)the
surety must have capital and surplus equal to ten times the limit of the bond. The surety must be
licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount
shown on the treasury list or one-tenth(1/10)the total capital and surplus.
5. BONDS: A performance bond and a payment bond each for one hundred percent (100%) of the
{ contract price will be required, Reference C 3-3.7.
6. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth,Texas,
and as set forth in the Contract Documents must be paid on this project.
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7. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City
reserves the right to adopt the most advantageous construction thereof to the City or to reject the
Proposal.
8. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas.
9. NONRESIDENT BIDDER: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort
_ Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the
lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident
bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state
in which the nonresident's principal place of business is located.
"Nonresident bidder" means a bidder whose principal place of business is not in the State of Texas, but
excludes a contractor whose ultimate parent company or majority owner has its principal place of
business in the State of Texas.
8ni2007 Page 3 of 4
Special Instructions to Bidders
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This provision does not apply if this contract involves Federal funds.
The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid
to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify
i that bidder.
10. PAYMENT: If the contract amount is$25,000 or less, the contract amount shall be paid within forty-
five(45)calendar days after completion and acceptance by the City.
11. AGE: In accordance with the policy ("Policy") of the Executive branch of the Federal Government,
3 Contractor covenants that neither it nor any of its officers, members, agents, employees, program
participants or subcontractors, while engaged in performing this contract, shall, in connection with the
employment, advancement or discharge of employees or in connection with the terms, conditions or
privileges of their employment, discriminate against persons because of their age except on the basis of
' a bona fide occupational qualification,retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees,
1 subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or
advertisements for employees to work on this contract, a maximum age limit for such employment
unless the specified maximum age limit is based upon a bona fide occupational qualification,
retirement plan or statutory requirement.
Contractor warrants it will fully comply with the policy and will defend, indemnify, and hold City
harmless against any claims or allegations asserted by third parties or subcontractor against City arising
out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy
concerning age discrimination in the performance of this agreement.
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12. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public, nor in the
availability, terms and/or conditions of employment for applicants for employment with, or employees
of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's
provisions and any other applicable federal, state, and local laws concerning disability and will defend,
indemnify and hold City harmless against any claims or allegations asserted by third parties or
subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to
comply with the above referenced laws concerning disability discrimination in the performance of this
agreement.
13. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with City of Fort Worth
Ordinance, No. 15530 the City of Fort Worth has goals for the participation of minority business
enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained
from the Office of the City Secretary. Due to the special nature of this project, M/WBE goals have
been waived for this project.
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Special Instructions to Bidders
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PART B - PROPOSAL
This proposal must not be removed from this book of Contract Documents.
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TO: Charles R. Boswell
City Manager
Fort Worth, Texas
PROPOSAL FOR: The f u-nishing of all equipment, materials, and labor and all
incidental work required to respond as requested by the Fort Worth Water Department for
water and wastewater emergencies.
PROJECT NAME Fort Worth Water Department Emergency Response Contract
Water Department Project No.PE45-0705011-539120 (Water Production)
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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 Special Contract Documents and subject
to the inspection and approval of the Director of the 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:
Fort Worth Water Dept. B-1 Proposal
` Fort Worth Water Department Emergency
p g y Response Contract
Item Approx. Unit Description of Item with Unit Unit Price Amount Bid
No. Quantity Price Written in Words Bid
(Furnish and install,including all appurtenant work,complete in place,the following
items
f 1. 1 2 E EA Job Move In
Dollars
1 ; ! and r-0 Cents !
I E Per mobilization,per work order $ �' j $
f 2• ! 2 EA f Emergency Job Move In j
- z e- r_0 Dollars I
I i ' and 'Z--te r Cents
f r
t Per emergency mobilization !
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j 13. 120 ! HR i Jet-Vac-Truck Utilization i
! € ► nw -In Lkni yri— Dollars I
! i i and - _Cents '
` j { Per truck,per Hour $ $ 41'�W-001
4. ! 20 j HR Large Jet-Vac-Track Utilization
V11,i + Dollars
j I j and weep Cents !
!� ! Per truck,per Hour
5. 20
HR ! Tanker Truck Utilization
+, Dollars I
and Cents
! Per truck per hour
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6. i 30 i CY - f W ste Dis osal
f ' Dollars. i
and Cents -
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Per cubic yard material disposed $ 5. $ t ,
7. 1 EA i Bypass Pumping—6"pum t-up j
E . 0 � � �E i � 4 0l s �
! ! and Cents ' !
Per 6"pump installed f $ It 7A 0•(Y-) $ 12g0 00
8. � 1 i EA Bypass Pumping--S"pump set-up
'rwc4wy_m,j,- ollars
and' ! ► _ !
_ -rt Cents }
j I _ i Per$"pump installed $ Soo-(101 $ j�_1(; 0
9. 20 HR ( Bypass Pumping Operation f i
�T A -c- Dollars
I { and �� _ Cents
Per hour of pumping,per pump $ �' $
Fort Worth Water Dept. B-2 Proposal
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10. 2 I EA Temporary installation of flow j
i through plugs,6"—15"diameter 1 ,
o�u/-Yt Dollars ' I
1 I and N Cents f }
Per hour of pumping,per pump $ j
11. ! 40 i HR I Additional Field Personnel Support I
1 i Qv�e—kuHd—�� Dollars
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E and ."Z--2rO Cents
r j E Per hour per person
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TOTAL AMOUNT BID $ 2q, (3-
Within ten (10) days after acceptance of this Proposal, the undersigned will execute the
formal contract and will deliver an approved Surety Bond and such other bonds as
required by the Contract Documents, for the faithful performance of the Contract. The
attached bid security in the amount of 5% of the Total Amount Bid 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 tune 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
r 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
i r appurtenant plans.
!. The undersigned assures that its employees and applicants for employment and those of
any labor organization, subcontractors, or employment agency in either furnishing or
referring employee applicants to the undersigned are not discriminated against,as
prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No.
I 7400.
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} Fort Worth Water Dept. B-3 Proposal
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(Complete A or B below,as applicable:)
x A. The principal place of business of our company is in the State of _.
Nonresident bidders in the State of , our principal
place of business,are required to be percent lower than resident bidders
y by state law. A copy of the statute is attached.
Non resident bidders in the State of 'S QU-f j , our principal
place of business, are not required to underbid resident bidders.
B. The principal place of business of our company or our parent company or
j maj ority owner is in the State of Texas.
The Bidder agrees to begin construction within 10 calendar days after issue of the work
order, and to substantially complete the contract within 365 Calendar days after
beginning construction as set forth in the written work order to be furnished by the
4 Owner.
I(we)acknowledge receipt of the following addenda to the plans and specifications,all of
the provisions and requirements of which have been taken into consideration on
preparation of the'foregoing bid:
Addendum No. 1 (Initials)—IinL Addendum No. 3 (Initials)
Addendum No. 2(Initials) Addendum No. 4(Initials)
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Fort Worth Water Dept. B-4 Proposal
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Respectfully submitted,
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By:
AyLis 0')
Title
Address
Ct .�4vo t�& .
`7 L1
Telephone: 0 ' jZ_I L S
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(Seal)
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Date: f
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Fort Worth Water Dept. B-5 Proposal
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CITY OF FORT WORTH
WAIVER COMPLIANCE MEMORANDUM
THIS FORM MUST BE ATTACHED TO THE ROUTING "M& C"BEFORE LEGAL AND
CITY MANAGER APPROVAL.
To: Chris Harder
(underline appropriate one) Project Manager Buyer Department Director
Department/: Water Department
Division
_ From: Rachel Ortega 6104
MWWBE Office Staff Extension
Date: August 7, 2007 -
a
Estimated Cost: $26,000.00 PE45-539120
DOE/Project/Bid Nos .
Project/Bid: Fort Worth Water Department Emergency Response
Contract
A
The following checked language MUST be included in attached M&G:
A. MWWBE Waiver was approved due to a public or administrative
emergency exists which requires the goods or services to be provided
with unusual immediacy; or..
B. MWWBE Waiver was approved because the Purchase of goods or
services from source(s) where subcontracting or supplier opportunities
are negligible; or
C. MAIVBE Waiver was approved due to the application of the provisions
of this ordinance will impose an economic risk on the City or unduly
delay acquisition of the goods or services; or
X D. MWWBE Waiver was approved, based on the information provided to
the MWBE Office by the managing department requesting the waiver.
S U�RFF DATE APPROVE
Rev. 6/26/2007
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{I PART C
1 GENERAL CONDITIONS
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SECTION C 1-1 DEFINITIONS
C 1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents,the
following terms or pronouns in place are used,the intent and meaning shall be
understood and interpreted as follows:
C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all the written and
drawn documents, such as specifications, bonds, addenda,plans, etc., which govern the
terms and performance of the contract. These are contained in the General Contract
Documents and the Special Contract Documents.
A. GENERAL CONTRACT DOCUMENTS: The General Contract
Documents govern all Water Department Projects and include the following
items:
PART A - NOTICE TO BIDDERS WHITE
PART B - PROPOSAL WHITE
PART C - GENERAL CONDITIONS YELLOW
PART D - SPECIAL CONDITIONS GREEN
PART E - SPECIFICATIONS WHITE
PART F - BONDS WHITE
PART G - CONTRACT WHITE
B. SPECIAL CONTRACT DOCUMENTS: The Special Contract
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Documents are prepared for each specific project as a supplement to the General
Contract Documents and include the following items:
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PART A - NOTICE TO BIDDERS
PART B - PROPOSAL
j PART C - GENERAL CONDITIONS
PART D - SPECIAL CONDITIONS
PART E - SPECIFICATIONS
PERMITS/EASEMENTS
PART F - BONDS
PART G - CONTRACT
E PART H - PLANS (Usually bond separately)
CI-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published
in public advertising mediums or furnished direct to interested parties pertaining to the
work contemplated under the Contract Documents constitutes the Notice to Bidders.
Fort Worth Water Department C- 1 General Conditions
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C 1-1.4 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
ti received by the Owner, has been publicly opened and read and not rejected by the Owner.
C 1-1.5 BIDDER: Any person, persons, firm, or 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
3 requirements of the City of Fort Worth's charter and promulgated ordinances.
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.
C 1-1.8 SPECIFICATIONS: The Specifications is that section of 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 shall include the
following:
' A. Performance Bond (See paragraph C3-3.7)
B. Payment Bond (See paragraph C3-3.7)
C. Maintenance Bond (See paragraph C3-3.7)
D. Proposal of Bid Security (See Special Instructions to the Bidders, Part A
and C2-2.6)
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C 1-1.10 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.
C 1-1.11 PLANS: The plans are the drawings or reproductions made by the Owner's
representative showing in detail the location, dimension, and position of the various
elements of the project, including such profiles, typical cross-sections, layout diagrams,
Fort Worth Water Department C-2 General Conditions
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.
C 1-1.12 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 Manager, 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. Terms City and Owner are synonymous.
C1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of
Fort Worth, Texas.
Cl-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro `fern
of the City of Fort Worth, Texas.
C 1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of
the City of Fort Worth, Texas, or his duly authorized representative.
' C 1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort
Worth, Texas, or his duly authorized representative.
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C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed Director of the City
Water Department of the City of Fort Worth, Texas, or his duly authorized representative,
assistant, or agents.
C 1-1.18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed official of
the City of Fort Worth, Texas, referred to in the Charter as the City Engineer, or his
authorized representative.
C 1-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth
Water Department, or their duly authorized assistants, agents, engineers, inspectors, or
superintendents, acting within the scope of the particular duties entrusted to them.
f C 1-1.20 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,
j 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.
Cl-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 herein.
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Fort Worth Water Department C-3 General Conditions
C 1-1.22 THE WORK OR THE PROJECT: The completed work contemplated in and
covered by the Contract Documents, including but not limited to the furnishing of all
labor, materials, tools, equipment, and incidentals necessary to produce a completed and
serviceable project.
C 1-1.23 WORKING DAY: A working 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 AM and 6:00 PM, 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:
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New Year' Day January 1
M.L.King, Jr. Birthday Third Monday in January
Memorial Day Last Monday in May
j Independence Day July 4
Labor Day First Monday in September
Thanksgiving Day Fourth Thursday in November
Thanksgiving Friday Fourth Friday in November
Christmas Day December 25
Such other days in lieu of holidays as the City Council may determine
When one of the named holidays or a special holiday is declared by the City Council,
falls on a Saturday, the holiday shall be observed on the preceding Friday or if it falls on
Sunday, it shall be observed on the following Monday, by those employees working on
s working day operations. Employees working calendar day operations will consider the
calendar holiday as a holiday.
C1-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in
Contract Documents, the intent and meaning shall be as follows:
AASHTO American Association of State Highway Transportation Officials
ASCE American Society of Civil Engineers
LAW In Accordance With
ASTM American Society of Testing Materials
AWWA American Water Works Association
ASA American Standards Association
HI Hydraulic Institute
Asph. Asphalt
Ave. Avenue
s Blvd. Boulevard
CI Cast Iron
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3 CL Center Line
GI Galvanized Iron
Lin. Linear or Lineal
MH Manhole
Max. Maximum
Min. Minimum
MGD Million Gallons Per Day
j CFS Cubic Foot per Second
R Radius
I.D. Inside Diameter
O.D. Outside Diameter
F Fahrenheit
C Centigrade
} In. Inch
5 Ft. Foot
St. Street
1 CY Cubic Yard
Yd. Yard
SY Square Yard
L.F. Linear Foot
D.I. Ductile Iron
! C 1-1.27 CHANGE ORDER: A "Change Order"is a written supplement 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 the 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.
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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:
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A. Any type of asphaltic concrete with or without separate base material
B. Any type of asphalt surface treatment, not including oiled, surface
C. Brick, with or without separate base material
D. Concrete, with or without separate base material
E. Any combination of the above
C1-1.29 UNPAVED STREETS AND 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.
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C 1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two
(2') feet back of the curb lines or four (4') feet back of the average edge of pavement
where no curb exists.
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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.
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Fort Worth Water Department C 6 General Conditions
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SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL
C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which
will contain an itemized list of the items of work to be done or materials to be furnished
and upon which bid prices are requested. The Proposal form will state the Bidder's
general understanding of the project to be completed,provide a space for furnishing the
amount of bid security, and state the basis for entering into a formal contract. The Owner
will furnish forms for the Bidder's "Experience Record", "Equipment Schedule", and
"Financial Statement", all of which must be properly executed and filed with the Director
of the City Water Department one week prior to the hour for opening of bids.
The financial statement required shall have been prepared by an independent certified
public accountant or an independent public accountant holding a valid permit issued by
an appropriate state licensing agency, and shall have been so prepared as to reflect the
current financial status. This statement must be current and not more than one (1) year
old. In the case that a bidding date falls within the time a new statement is being
prepared, the previous statement shall be updated by proper verification. Liquid assets in
the amount of ten(10%) percent of the estimated project cost will be required.
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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 being received, and such
1 experience must have been on projects completed not more than five (5) years prior to the
date on which bids are to be received. The Director of the Water Department shall be
sole judge as to the acceptability of experience for qualification to bid on any For Worth
Water Department project.
i The prospective bidder shall schedule the equipment he has available for the project and
state that he will rent such additional equipment as may be required to complete the
project on which he submits a bid.
C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to
? be furnished as may be listed in the proposal forms or other parts of the Contract
Documents will be considered as approximate only and will be used for the purpose of
comparing bids on a uniform basis. Payment will be made to the Contractor for only the
actual quantities of work performed or materials furnished in strict accordance with the
Contract Documents and Plans. The quantities of work to be performed and materials to
be furnished may be increased or decreased as hereinafter provided, without in any way
invalidating the unit prices bid or any other requirements of the Contract Documents.
C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT:
Bidders are advised that the Contract Documents on file with the Owner shall constitute
all of the information which the Owner will furnish. All additional information and data
which the Owner 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.
Fort Worth Water Department C-7 General Conditions
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' Bidders are required, prior to filing of proposal, to read and become familiar with the
Contract Documents, to visit the site of the project and examine carefully all local
conditions, to inform themselves by their own independent research and investigations,
tests, borings, and by such other means as may be necessary to gain a complete
knowledge of the conditions which may 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 work or the time required for its completion,
ij and obtain all 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 the conditions encountered in
construction and as indicated in the Contract Documents will not be allowed.
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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 furnish the
materials required. All such prices shall be written legibly. In case of discrepancy
between the price written 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 the 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 or words or figures, additions not called for, conditional or uncalled for
alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain
unbalanced value of any items. Proposal tendered or delivered after the official time
designated for receipt of proposal shall be returned to the Bidder unopened.
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Fort Worth Water Department C-8 General Conditions
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C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a
i "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 Bidders sole responsibility to deliver the proposal at the proper time to the proper
place. The mere fact that a proposal was dispatched will not be considered. The Bidder
must have the proposal actually delivered. Each proposal shall be in a sealed envelope
plainly marked with the work"PROPOSAL", and the name or description of the project
' as designated in the "Notice to Bidders". The envelope shall be addressed to the City
Manager, City Hall, Fort Worth, Texas.
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C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City
Manager cannot be withdrawn prior to the time set for opening the 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 written signature of the bidder was mailed prior to the proposal
opening time. If such confirmation is not received within the forty-eight (48)hours after
i 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
1 opened and read aloud by the City Manager or his duly 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
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Fort Worth Water Department C-9 General Conditions
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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 of 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
thari one proposal for work contemplated.
C. The bidder being interested in any litigation against the Owner or where
the Owner may have a claim against or be engaged in litigation against the
bidder.
D. The bidder being in arrears on any existing contract or having defaulted on
a previous contract.
E. The bidder having performed a prior contract in an unsatisfactory manner.
F. Lack of competency as revealed by the financial statement, experience of
record, equipment schedule, and such inquiries as the Owner may see fit to
make.
i G. Uncompleted work which, in the judgment of the Owner, will prevent or
hinder the prompt completion of additional work if awarded.
H. The bidder not filing with the Owner, one week in advance of the hour of
the opening of proposals the following:
1. Financial Statement showing the financial condition of the bidder
as specified in Part "A"— Special Instructions.
3 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.
1 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.
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Fort Worth Water Department C- 10 General Conditions
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SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS
C3-3.1 CONSIDERATION OF PROPOSALS: After the 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
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enter into the cost of the completed project will be considered as the amount of the bid.
j Until the award of the contract is made by the Owner,the right will be reserved to reject
i any or all proposals and waive technicalities, to re-advertise for new proposals, or to
proceed with the work in any manner as may be considered for the best interest of the
Owner.
C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN OWNED BUSINESS
ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request,
complete and accurate information regarding actual work performed by a Minority
Business Enterprise (MBE) and or a Woman-Owned Business Enterprise(WBE) on the
contract and the payment therefore. Contractor further agrees, upon request by the
Owner, to allow and audit and/or an examination of any books, records, or files in the
possession of Contractor that will substantiate the actual work performed by the MBE or
WBE. Any material misrepresentation of any nature will be grounds for termination of
the contract and for initiating any action under appropriate federal, state, or local laws
and ordinances relating to false statements; further, any such misrepresentation may be
grounds for disqualification of Contractor at Owner's discretion for bidding on future
Contracts with the Owner for a period of time 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.
C3-3.4 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
1 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 at to the responsibility of the proposed awardee.
Fort Worth Water Department C- 11 General Conditions
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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 by 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 the 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 the provisions as above stipulated are
accomplished and final payment is made on the project by the city.
B. Maintenance Bond: A good and sufficient maintenance bond, in the
amount of not less than 100 percent of the amount of the contract, as evidenced by
the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful
performance of the general guaranty which is set forth in paragraph C8-8.10.
i C. Payment Bond: A good and sufficient payment bond, in an amount not
less than 100 percent of the amount of the contract, as evidenced by the proposal
tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all
claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as
amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959,
effective April 27, 1959, and/or the latest version thereof, supplying labor and
materials in the prosecution of the work provided for in the contact being
constructed under these specifications. Payment bond shall remain in full force
until all payments as above stipulated are made.
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D. Other Bonds: Such other bonds as may be required by these Contract
Documents shall be furnished by the Contractor.
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Fort Worth Water Department C- 12 General Conditions
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No sureties will be accepted by the Owner which are at the time in default or delinquent
on any bonds or which are interested in any litigation against the owner. All bonds shall
be made on the forms furnished by the Owner and shall be executed by an approved
surety company doing business in the City of Fort Worth, Texas, and which is acceptable
to the Owner. In order to be acceptable, the name of the surety shall be included on the
current U.S. Treasury list of acceptable sureties, and the amount of bond written by any
one acceptable company shall not exceed the amount shown on the Treasury list for that
company. Each bond shall be properly executed by both the Contractor and the Surety
Company.
Should any surety on the contract be determined unsatisfactory at any time by the Owner,
notice will be given the Contractor to that effect and the Contractor shall immediately
provide a new surety satisfactory to the Owner. No payment will be made under the
contract until the new surety or sureties, as required, have qualified and have been
accepted by the Owner. The contract shall not be operative nor will any payments be due
or paid until approval of bonds by the Owner.
C3-3.8 EXECUTION OF CONTRACT: Within ten(10) days after the Owner has by
appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute
and file with the Owner the Contract and other such bonds as may be required in the
Contract Documents.
No contract shall be binding upon the Owner until it has been attested by the City
Secretary, approved as to form and legality by the City Attorney, and executed for the
Owner by either the Mayor or City Manager.
C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute
the required bond or bonds or to sign the required contract within ten(10) days after the
contract is awarded shall be considered by the Owner as an abandonment of his proposal,
and the Owner may annul the award. By reason of the uncertainty of the market prices of
material and labor, and it being impracticable and difficult to accurately determine the
amount of damages occurring to the Owner by reason of said Awardee's failure to
execute said bonds and contract within ten (10)days, the proposal security accompanying
the proposal shall be the agreed amount of damages which the Owner will 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.
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Fort Worth Water Department C- 13 General Conditions
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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-contractor's certificate of insurance for approval. The
prime contractor shall indicate on the certificate of insurance included in the documents
+ for execution whether or not his insurance covers sub-contractors. It is the intention of
the Owner that the insurance coverage required herein shall include the coverage of all
sub-contractors.
A. Compensation Insurance: The Contractor shall maintain, during the life of
this contract, Workers Compensation Insurance on all of his employees to
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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.
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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 the amount not less than $500,000 covering each
occurrence on account of bodily injury, including death, and in an amount
I not less than $500,000 covering each occurrence on account of property
damage with $2,000,000 umbrella policy coverage.
jC. 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
jdamage, the following insurance:
1. Contingent Liability (covers General Contractor's Liability for acts
of sub-contractors.)
! 2. Blasting, prior to any blasting being done.
3. Collapse of building or structures adjacent to excavation(if
excavations are to be performed adjacent to same).
4. Damage to underground utilities for$500,000.
5. Builders risk (where above-ground structures are involved)
j 6. Contractual Liability (covers all indemnification requirements of
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D. Automobile Insurance—Bodily Injury and Property Damage: The
Contractor shall procure and maintain, during the life of the Contract,
Comprehensive Automobile Liability insurance in an amount not less than
$250,000 for injuries including accidental death to any one person and
subject to the same limit for each person an amount not less than$500,000
on account on one accident, and automobile property damage insurance in
an amount not less than$100,000.
E. Scope of Insurance and Special Hazard: The insurance required under the
above paragraphs shall provide adequate protection for the Contractor and
his sub-contractors, respectively, against damage claims which may arise
j from operations under this contract, whether such operations be by the
insured or by anyone directly or indirectly employed by him, and also
against any of the following special hazards which may be encountered in
the performance of the Contract.
F. Proof of Carriage of Insurance: The Contractor shall furnish the Owner
with satisfactory proof of coverage by insurance required in these Contract
Documents in amounts and by carriers satisfactory to the Owner. 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 Bonding: The insurance and bonding
companies with whom the Contractor's insurance and performance,
payment, maintenance and all such other bonds as written shall be
represented by an agent or agents having an office located within the city
limits of the City of Fort Worth, Tarrant County, Texas. Each such agent
shall be a duly qualified one upon whom service of process may be had,
and must have the 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
1 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.
i C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of
wages to all persons engaged in work on the project at the site of the project shall be
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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 posed 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
r the Contractor, by the Owner; however, posting and protection of the wage rates shall be
the responsibility of the Contractor.
C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor,
whether a person,persons, partnership, company, firm, association, corporation, or other
who is approved to do business with and enters into a contract with the City for
construction of water and/or sanitary sewer facilities, will have or shall establish a fully
operational business office within the Fort Worth—Dallas metropolitan area. The
Contractor shall charge, delegate, or assign this office(or he may delegate his Project
Superintendent) with full authority to transact all business actions required in the .
1 performance of the Contract. This local authority shall be made responsible to act for the
Contractor in all matters pertaining to the work governed by the Contract whether it be
administrative or otherwise, and as such shall be empowered, thus delegated and directed,
to settle all material, labor, or other expenditures, all claims against the work or any other
jmatter associated with such as maintaining adequate and appropriate insurance or
security coverage for the project. Such local authority for administration of the work
j under the Contract shall be maintained until all business transactions executed as part of
the Contract are complete.
j 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 directly by local authority. This same requirement is imposed on insurance
surety coverage. Should the Contractor's local representative fail to perform to the
satisfaction of the Engineer, the Engineer, at his sole discretion, may demand that such
local representative be replaced and the Engineer may, at his discretion, stop all work
t until a new local authority satisfactory to the Engineer, is assigned. No credit of working
# time sill 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.
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Fort Worth Water Department C- 16 General 6onditiel,�_
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j SECTION C4-4 SCOPE OF WORK
C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these
Contract Documents to provide for a complete, useful project which the Contractor
undertakes to construct or furnish, all in full compliance with the requirements and intent
of the Contract Documents. It is definitely understood that the Contractor shall do all
work as provided 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.
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C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not
3 thoroughly and satisfactorily stipulated or covered by the General or Special Conditions
of these Contract Documents be anticipated, or should there be any additional proposed
work which is not covered by these Contract Documents,the "Special Provisions"
covering all such work will be prepared by the Owner previous to the time of receiving
bids or proposals for such work and furnished to the Bidder in the form of Addenda. All
such"Special Provisions" shall be considered to be a part of the Contract Documents just
as though they were originally written therein.
C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right
to alter the quantities of the work to be performed or to extend or shorten the
improvements at any time when 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 or 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 part 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.
j Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted
herein as applying to the overall quantities of sanitary sewer pipe in each pipe size, but
not to the various depth categories.
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t 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 t 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.
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Fort Worth Water Department C- 17 General Conditions
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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
"Extra Work".
No "Change Order" shall become effective until it has been approved and signed by each
of the contracting parties.
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
Owner. In case any orders or instructions, either oral or written, appear to the Contractor
to involve "Extra Work" for which he should receive compensation, he shall make
written request to the Engineer for written orders authorizing such"Extra Work", prior to
beginning such work.
4 Should a difference arise as to what does or does not constitute Extra Work, or as to the
payment thereof, and the Engineer insists upon its performance, the Contractor shall
proceed with the work after making written request for written orders and shall keep an
accurate account of the actual and reasonable cost thereof as provided under method
(Item Q. Claims for"Extra Work"will not be paid unless the Contractor shall file his
claim with the Owner within five (5) before the time for making the first estimate after
such work is done and unless the claim is supported by satisfactory vouchers and certified
payrolls covering all labor and materials expended upon said Extra Work.
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Fort Worth Water Department C- 18 General Conditions
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 initiated by a"Change
Order" shall be a full, complete and final payment for all costs Contractor incurs as a
result or relating to the change or extra work, whether said costs are known,unknown,
foreseen or unforeseen at that time, including without limitation, any costs for delay;
' extended overhead, ripple or impact cost, or any other effect on changed or unchanged
work as a result of the change or extra work.
C446 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 within the time being plotted horizontally and the percentage of completion
plotted vertically. The progress charts shall be prepared on 8 1/2"x I I" sheets and at least
five black or blue prints shall b e furnished to the Owner.
C44.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITES:
Within ten (10) days prior to submission of first monthly progress payment, the
ti Contractor shall prepare and submit to the Owner for approval six copies of the schedule
in which the Contractor proposes to carry on the work, the date of which he will start the
several major activities (including procurement of materials, plans, and equipment) and
the contemplated dates for completing the same. The schedule shall be in the form of a
time schedule Critical Path Method(CPM) network diagram. As the work progresses,
the Contractor shall enter on the diagram the actual progress at the end of each partial
i payment period or at such intervals as directed by the Engineer. The Contractor shall
also revise the schedule to reflect any adjustments in the 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:
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Fort Worth Water Department C- 19 General Conditions
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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 not be accounted for
within the duration of each activity.
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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
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Contractor or the Owner.
F. Thirty days shall be used for submittal review unless otherwise specified.
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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 be 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 pre-acceptance activities and events in their
logical sequence for equipment and materials.
1. Preparation and transmittal of submittals
2. Submittal review periods
3. Shop fabrication and delivery
4. Erection or installation
5. Transmittal of manufacturer's operation and maintenance manuals
6. Installed equipment and materials testing
I 7. Owner's operation instruction(if applicable)
8. Operational testing
9. Final inspection
Fort Worth Water Department C-20 General Conditions
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s If, in the opinion of the Owner, work accomplished falls behind that scheduled, the
Contractor shall take such action as necessary to improve his progress. In addition, the
Owner may require the Contractor to submit a revised schedule demonstrating his
program and proposed plan to make up lag in schedule progress and to insure completion
of the work within the contract time. If the Owner finds the proposed plan not
acceptable, he may require the Contractor to increase the work force, the construction
plant and equipment, the number of work shifts or the overtime operations without
additional cost to the Owner.
Failure of the Contractor to comply with these requirements shall be considered grounds
for determination by the Owner that the Contractor is failing to prosecute the work with
T such diligence as will insure its completion within the time specified.
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Fort Worth Water Department C-21 General Conditions
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4 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 construction, interpretation
of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual
rights between the Contractor and Owner under the Contract Documents, supervision of
the work, resumption of operations, and all other questions or disputes which may arise.
' Engineer will not be responsible for Contractor's means,methods,techniques, sequences
or procedures of construction, or the safety precaution and programs incident thereto, and
he will not be responsible for Contractor's failure to perform the work in accordance with
the Contract Documents.
He shall determine the amount and quality of the work completed and materials
furnished, and his decisions and estimates shall be final. His estimates in such event shall
be a condition of 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 the lines, grades, cross-sections, finish, and dimensions shown on the plans or any
other requirements otherwise described in the Contract Documents. Any deviation from
the approved Contract Documents required by the Engineer during construction will in all
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cases be determined by the Engineer and authorized by the Owner by Change Order.
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C5-5.3 COORDINATION OF CONTRACT.DOCUMENTS: The Contract Documents
? are made up of several sections, which, taken together, are intended to describe and
provide for a complete and useful project, and any requirements appearing in one of the
sections is as binding as though it occurred in all sections. In case of discrepancies,
figured dimensions shall govern over scaled dimensions,plans shall govern over
I 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 that 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
j 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.
Fort Worth Water Department C-22 General Conditions
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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 Contractor 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 way possible.
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
l as the Contractor's agent on the work. Such assistant project superintendent shall be a
resident of Tarrant County, Texas and shall be a 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.
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C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of
the Owner or Engineer, a condition of emergency exists related to any part of the work,
the Contractor, or the Contractor through his designated representative, shall respond
with dispatch to a verbal request made by the Owner or Engineer to alleviate the
i 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
3 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.
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Fort Worth Water Department C-23 General Conditions
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C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an
1 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, lighed 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 will all lines, grades, and measurements necessary to the proper prosecution
and control of the work contracted for under these Contract Documents, and lines grade,
and measurements will be established by means of stakes or other customary method of
marking as may be found consistent with good practice.
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 INSPECTOR: City inspectors will be
authorized to inspect all work done and to be done and all materials furnished. Such
i 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 material or equipment furnished or the manner of performing the
work, the City Inspector will have authority to reject materials or equipment and 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, not to issue any instructions contrary to the requirements
i 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.
Fort Worth Water Department C-24 General Conditions
and expenses (including attorney's fees) arising out of the use of substituted materials or
equipment.
C5-5.12 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the
Engineer, or as called for in the Contract Documents, tests of materials or equipment are
necessary, such tests will be made at the expense of and paid for direct to the testing
agency by the Owner unless otherwise specifically provided. The failure of the Owner to
make any tests of materials shall in no way relieve the Contractor of his responsibility of
furnishing materials and equipment fully conforming to the requirements of the Contract
Documents. Tests and sampling of the materials, unless otherwise specified, will be
made in accordance with the latest methods prescribed by the American Society for
Testing Materials or specific requirements of the Owner. The Contractor shall provide
s 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 the tests have been made and the materials approved for
use. The Contractor will furnish adequate samples without charge to the Owner.
In case of concrete,the aggregates, design minimum, and the mixing and transporting
equipment shall be approved by the Engineer before any concrete is placed, and the
Contractor shall be responsible for replacing any concrete which does not meet the
requirements of the Contract Documents. Tests shall be made at least 9 days prior to the
placing of concrete, using samples from the aggregate, cement, and mortar which are to
be used later in the concrete. Should the source of supply change, new tests shall be
made prior to the use of the new materials.
C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the
construction operation shall be stored so as to insure the preservation of the quality and
fitness of the work. When directed by the Engineer, they shall be placed on wooden
platforms or other hard, clean, durable surfaces and not on the ground, and shall be
placed under cover when directed. Stored materials shall be placed and located so as to
I facilitate prompt inspection.
1 C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions
shown on the Plans relative to existing utilities are based on the best information
available. Omission from, or the inclusion of utility locations on the Plans is not to be
considered as the nonexistence of, or a definite location of, existing underground utilities.
The location of many gas mains, water mains, conduits, sewer lines, and service lines for
all utilities, etc, is unknown to the Owner, and the Owner assumes no responsibility for
failure to show any or all such structures and utilities on the plans or to show them in
their exact location. It is mutually agreed that such failure will not be considered
sufficient basis for claims for additional compensation, for Extra Work, or for increasing
;i 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.
Fort Worth Water Department C-26 General Conditions
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C5-5.9 INSPECTOR: 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 before acceptance of the work, remove or uncover such portion of the
finished work as may be directed. After examination, the Contractor shall restore said
portions of the work to the standard required by the Contract Documents.
Should the work exposed or examined prove acceptable,the uncovering or removing and
replacing of the covering or making good of the parts removed shall be paid for as extra
work, but should the 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
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suitable supervision or inspection.
1 C5-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work,
materials, or equipment which has been rejected shall be remedied or removed and
replaced in an acceptable manner by the Contractor at his own expense. Work done
beyond the lines and grades given or as shown on the plans, except as herein specifically
provided, or any Extra Work done without written authority, will be considered as
unauthorized and done at the expense of the Contractor and will not be paid for by the
Owner. Work so done may be ordered removed at the Contractor's expense. Upon
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 the
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
s the Contractor. Failure to require the removal of any defective work or unauthorized
work shall not constitute acceptance of such works.
C5-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the Specifications, law,
3 ordinance, codes or regulations permit the Contractor to furnish or use a substitute that is
equal to any material or equipment specified, and if the Contractor wishes to furnish or
E 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 the 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 from that specified and indicating available
maintenance service. No substitute shall be ordered or installed without the written
approval of the Engineer who will be the judge of the equality and may require the
Contractor to furnish such other data about the proposed substitute as he considers
pertinent. No substitute shall be ordered or installed without such performance guarantee
and bonds as Owner may require which shall be furnished at Contractor's expense.
Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly
or indirectly employed by either of them from and against the claims, damages, losses
Fort Worth Water Department C-25 General Conditions
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! It shall be the Contractors responsibility to verify the locations of adjacent and/or
1 conflicting utilities sufficiently in advance of construction in order that he may negotiate
such local adjustments as necessary in the construction process to provide adequate
clearances. The Contractor shall take all necessary precautions in order to protect all
existing utilities, structures, and service lines. Verification of existing utilities, structures,
,
and service lines shall include notification of all existing 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 prosecution of work where the
interruption of service is necessary, the Contractor, at least 24 hours in
advance, shall be required to:
1. Notify the Water Department as to location, time, and schedule of
` service interruption.
2. Notify each customer personally through responsible personnel as
to time and schedule of interruption of their service, or
s 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, an in
large bold type shall say:
NOTICE
Due to Utility Improvement in
Your neighborhood, your (water)
(sewer) service will be interrupted
on between the
hours of and
This inconvenience will be as short
As possible.
Thank You,
Contractor
Address Phone
Fort Worth Water Department C-27 General Conditions
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B. Emergency: In the event that an unforeseen service interruption occurs,
notice shall be as above, but immediate.
C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through acts or
neglect on the part of the Contractor, any other Contractor or any sub-contractor shall
suffer loss or damage on the work, the Contractor agrees to settle with such other
Contractor or sub-contractor by agreement or arbitration. If such other Contractor or sub-
contractor shall assert any claim against the Owner on account of any damage alleged to
have been sustained, the Owner will notify the Contractor, who shall indemnify and save
harmless the Owner against 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 satisfaction of the
Engineer. Twenty-four (24) hours after written notice is given to the Contractor that the
4 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 or 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 contactor for any
clean-up required on the project.
C5-5.18 FINAL ACCEPTANCE: Whenever the work provided for in and contemplated
i 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 ten(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.
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Fort Worth Water Department C-28 General Conditions
SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and
comply with all Federal and State Laws and City ordinances and regulations which in any
way affect the conduct of the work or his operations, and shall observe and comply with
all orders, laws, ordinances, and regulations which exist or which may be enacted later by
bodies having jurisdiction or authority for such enactment. No plea of misunderstanding
or ignorance thereof will be considered. The Contractor and his sureties shall indemnify
and save harmless the City and all of its officers, agents, and employees against any and
all claims or liability arising from or based on the violation of any such law, ordinance,
regulation, or order, whether it be by himself or his employees.
C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and
licenses, pay all charges, costs and fees, and give all notices necessary and incident to the
due and lawful prosecution of the work.
C6-6.3 PATENTED DEVICES, MATERIALS, AND PROCESSES: If the Contractor is
required or desires to use any design, device, material, or process covered by letter,
patent, or copyright, he shall provide for such use by suitable legal agreement with the
patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and
understood that without exception the contract prices shall include all royalties or cost
arising from the patents, trade-marks, and copyrights in any way involved in the work.
The Contractor and his sureties shall indemnify and save harmless the Owner from any
and all claims for infringement by reason of the use of any such patented design, device,
material, or process, or any trade-mark or copyright in connection with the work agreed
to be performed under these Contract Documents, and shall indemnify the Owner for any
i cost, expense, or damage which it may be obliged to pay for reason of such infringement
at any time during the prosecution of the work, provided, however, that the Owner will
assume the responsibility to defend any and all suits brought for 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.
C6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among
his employees such regulations in regard to the 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 or a nuisance about the work on any property
either public or private, and such regulations as are required by Law shall be put into
j 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 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.
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the Owner in settlement of the claims. The Contractor shall file with the Engineer a
= written statement showing all such claims adjusted.
C6-6.6 PRIVELEGES OF CONTRACTOR IN STREETS ALLEYS AND RIGHT OF
WAY: For performance o f the contract, the Contractor shall be permitted to use and
occupy such portions of the public streets and alleys, or other public places or other right-
of-ways as provided for in the ordinances of the City, as shown in the Contract
Documents, or as may be specifically authorized in writing by the Engineer. A
reasonable amount of tools, materials, and equipment for construction purposes may be
stored in such space, but no more than is necessary to avoid delay in the construction
operations. Excavated and waste materials shall be piled or stacked in such a way as not
to interfere with the use of spaces that may be designated to be left free and unobstructed
and so as not to inconvenience occupants of adjacent property. If the street is occupied
by railway tracks, the work shall be carried on in such manner as not to interfere with the
operation of trains, loading or unloading of cars, etc. Other contractors of the Owner
may, for all purposes required by the contract, enter upon the work and premises used by
the Contractor, and shall be provided all reasonable facilities and assistance for the
completion of adjoining work. Any additional grounds desired by the Contractor for his
use shall be provided by him at his own cost and expense.
1 C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of
any railway, the City shall secure the necessary easement for the work. Where the railway
tracks are to be crossed, the Contractor shall observe all the regulations and instructions
of the railway company as to the method of performing the work and take all precautions
for safety of property and the public. Negotiations with the railway companies for
permits shall be done by and through the City. The Contractor shall give the City notice
not less than five(5) days prior to the time of his intentions to begin the work on that
i portion of the project which is related to the railway properties. The Contractor will not
be given extra or additional compensation for such railway crossings unless specifically
j set forth in the Contract Documents.
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C6-6.8 BARRICADES, WARNINGS, AND WATCHMEN: Where the work is carried
on in or adjacent to any street, alley, or public place,the Contractor shall at his own
I expense furnish, erect, and maintain such barricades, fences, lights and danger signals,
shall provide such watchmen, and shall take all such other precautionary measures for the
protection of persons or property and of the work as are necessary. Barricades and fences
shall be painted in a color that will be visible at night. From sunset to sunrise the
Contractor shall furnish and maintain at least one easily visible burning light at each
barricade. A sufficient number of barricades shall be erected and maintained to keep
pedestrians away from, and vehicles from being driven on or into, any work under
construction or being maintained. The Contractor shall furnish watchmen and keep them
at their respective assignments in sufficient numbers to protect the work and prevent
accident or damage.
1, All installations and procedures shall be consistent with the provisions set forth in the
1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways",
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issued under the authority of the "State of Texas Uniform Act Regulating Traffic on
Highways", codified as Article 6701 d Veron's Civil Statutes,pertinent sections being
Nos. 27, 29, 30, and 31.
The Contractor will not remove any regulatory sign, instructional sign, street name sign,
or other sign which has been erected by the City. If it is determined that a sign must be
removed to permit required construction, the Contractor shall contact the Transportation
and Public Works Department, Signs and Markings Division,to remove the sign. In the
case of regulatory signs, the Contractor must replace the permanent sign with a temporary
sign meeting the requirements of the above referenced manual and such temporary sign
must be installed prior to the removal of the permanent sign. It the temporary sign is not
installed correctly or if it does not meet the required specifications, the permanent sign
shall be left in place until the temporary sign requirements are met. When construction
work is completed to the extent that the permanent sign can be re-installed, the
Contractor shall again contact the Signs and Markings Division to re-install the
permanent sign and shall leave his temporary sign in place until such re-installation is
completed.
The Contractor will be held responsible for all damage to the work or the public due to
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failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever
evidence is found of such damage to the work the Engineer may order the damaged
portion immediately removed and replaced by the Contractor at the Contractor's own
expense. The Contractor's responsibility for the maintenance of barricades, signs, fences,
and lights, and for providing watchmen shall not cease until the project shall have been
completed and accepted by the Owner.
No compensation, except as specifically provided in these Contract Documents, will be
paid to the Contractor for the work and materials involved in the constructing, providing,
and maintaining of barricades, signs, fences, and lights or for salaries of watchmen, for
the subsequent removal and disposal of such barricades, signs, or for any other
incidentals necessary for the proper protection, safety, and convenience of the public
during the contract period, as this work is considered to be.subsidiary to the several items
for which unit or lump sum prices are requested in the Proposal.
C6-6.9 USE OF EXPLOSIVES DROP WEIGHT ETC.: Should the Contractor elect to
1 use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be
exercised at all times so as not to endanger life or property. The Contractor shall notify
the proper representative of any public service corporation, any company, individual, or
utility, and the Owner, not less than twenty-four(24) hours in advance of the use of any
7 activity which might damage or endanger their or his property along or adjacent to the
work.
Where the use of explosives is to be permitted on the project, as specified in the Special
Construction Documents, or the use of explosives is requested, the Contractor shall
submit notice to the Engineer in writing twenty-four(24) hours prior to commencing and
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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 son 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 properly
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 operation, at all driveway crossings. Such provisions may include
f 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
sspecific 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 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 the
attention, after twenty-four(24)hours notice in writing to the Contractor, save in cases of
emergency when it shall have the right to remedy any neglect without notice, and in
1 either case, the cost of such work done or materials furnished by the Owner, or by the
City, shall be deducted from the monies due or to become due to the Contractor.
The Contractor, after approval of the Engineer, shall notify the Fire Department
Headquarters, Traffic Engineer, and Police Department, when a 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 into 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 or 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. Whenever any such damage may be done, the Contractor shall
immediately satisfy all claims of the property owners, and no payment will be made by
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When and where any direct or indirect injury is don to public or private property on
account of any act, omission, neglect, or misconduct of the execution of the work, or in
consequence of the non-execution thereof on the part of the Contractor, he shall restore or
have restored at his own cost and expense such property to a condition at least equal to
that existing before such damage or injury was done, by repairing, rebuilding, or
otherwise replacing and restoring as may be directed by the Owner, or he shall make
good such damages or injury in a manner acceptable to the owner of the property and the
Engineer.
All fences encountered and removed during construction of this project shall be restored
to the original condition or a better than original condition upon completion of this
project. When wire fencing, either wire mesh or barbed wire is to be crossed, the
Contractor shall set cross braced posts on either side of permanent easement before the
fence is cut. Should additional fence cuts be necessary, the Contractor shall provide cross
braced posts provided at the permanent easement limits, before the fence is cut.
Temporary fencing shall be erected in place of fencing removed whenever the work is not
F in progress and when the site is vacated overnight, and/or at all times to prevent livestock
j from entering the construction area. The cost for fence removal, temporary closures, and
replacement shall be subsidiary to the various items bid in the project proposal.
Therefore, no separate payment shall be allowed for any service associated with this
work.
In case of failure on the part of the Contractor to restore such property to make good such
damage or injury, the Owner may, upon forty-eight(48) hours written notice under
ordinary circumstances, and without notice when a nuisance or hazardous condition
results, proceed to repair, rebuild, or otherwise restore such property as may be
determined by the Owner to be necessary, and the cost thereby will be deducted from any
monies due or to become due to the Contractor under this Contract.
C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agreed by the parties
hereto that the Contractor shall perform all work and services hereunder as an
independent contractor, and not as an officer, agent, servant or employee of the Owner.
j Contractor shall have exclusive control of and the exclusive right to control the details of
all the work and services performed hereunder, and all persons performing same, and
shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. The doctrine of
respondeat superior shall not apply as between the Owner and Contractor, its officers,
agents, employees, contractors and subcontractors, and nothing herein shall be construed
as creating a partnership or joint enterprise between the Owner and Contractor.
C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor
covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own
expense, Owner, its officers, agents, servants and employees, from and against any and
all claims or suits for property loss or damage and/or personal injury, including death, to
any and all persons, of whatever kind or character, whether real or asserted, arising out of
Fort Worth Water Department C-34 General Conditions
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shall furnish evidence that he has insurance coverage to protect against any damages
' and/or injuries arising out of such use of explosives.
All claims arising out of the use of explosives shall be investigated and a written report
made by the Contractor's insurers to the Engineer within ten(10) days after receipt of
written notice of the claim to the Contractor from either the City or the claimant. The
City shall proceed to give notice to the Contractor of any such claim. The use of
l explosives may be suspended by the Engineer if any complaint is received and such use
shall not be resumed until the cause of the complaint has been addressed.
Whenever explosives are stored, or kept, they shall be stored in a safe and secure manner
and all storage places shall be plainly marked"DANGEROUS EXPLOSIVES"and shall
be under the care of a competent watchmen at all times. All vehicles in which explosives
are being transported shall be plainly marked as mentioned above and shall, insofar as
possible, not use heavy traffic routes.
C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over,through, or into
private property, the Owner will provide such right-of-way easement privileges as the
City may deem necessary for the prosecution of the work. Any additional rights-of-way
or work area considered necessary by the Contractor shall be provided by him at his own
expense. Such additional rights-of-way or work are shall be acquired for the benefit of
the City. The City shall be notified in writing as to the rights so acquired before work
begins in the affected area. The Contractor shall not enter upon private property for any
purpose without having previously obtained permission from the owner of such property.
The Contractor will not be allowed to store equipment or material on private property
unless and until the specified approval of the property owner has been secured in writing
by the Contractor and a copy furnished to the Engineer. Unless specifically provided
otherwise,the Contractor shall clear all rights-of-way or easements of obstructions which
must be removed to make possible proper prosecution of the work as a part of the project
construction operations. The Contractor shall be responsible for the preservation of and
shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences,
culverts, curbing, and all other types of structures or improvements, to all water, sewer,
and gas lines, and to all conduits, overhead pole lines, or appurtenances thereof, including
the construction of temporary fences, and to all other public or private property along or
adjacent to the work.
The Contractor shall notify the proper representatives of owners or occupants of public or
private lands or interest in lands which might be affected by the work. Such notice shall
Ibe made at least forty-eight(48) hours in advance of the beginning of the work. Notices
shall be applicable to both public and private utility companies or any corporation,
company, individual, or other, either as owners or occupants, whose land or interest in
1 land might be affected by the work. The Contractor shall be responsible for all damage
} or injury to property of any character resulting from any act, omission, neglect, or
misconduct in the manner or method or execution of the work, or at any time due to
defective work, material, or equipment.
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for in connection with, directly or indirectly,the work and services to be performed
' hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART BY THE
ALLEGED NEGLIGENCE OF ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LISCENSEES, AND
INVITEES OF THE CITY; and said Contractor does hereby covenant and agree to
assume all liability and responsibility of City, its officers, agents, servants and employees
for any and all claims or suits for property loss or damage and/or personal injury,
including death, to any and all persons, of whatsoever kind of character, whether real or
asserted, arising out of or in connection with, directly or indirectly, the work and services
to be performed hereunder by Contractor, its officers, agents, employees, subcontractors,
licensees and invitees, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY
THE ALLEGED NEGLIGENCE OF THE OFFICERS,AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES AND
INVITEES OF THE CITY. Contractor likewise covenants and agrees to, and does
hereby indemnify and hold harmless the City from and against any and all injuries,
damage, loss or destruction to property of the City during the performance of any of the
terms and conditions of the Contract, WHETHER ARISING OUT OF OR IN
CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART, ANY
AND ALL ALLEGED ACTS OR OMISSIONS OF THE OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES
OR INVITEES OF THE OWNER.
In the event a written claim for damages against the contractor or subcontractors remains
unsettled at the time all work on the project has been completed to the satisfaction of the
Director of the Water Department, as evidenced by a final inspection, final payment to
the Contractor shall not be recommended to the Director of the Water Department for a
period of thirty (30) days after the date of such final inspection, unless the Contractor
shall submit written evidence satisfactory to the Director that the claim has been settled
and a release has been obtained from the claimant involved.
If the claims concerned remains unsettled as of the expiration of the above 30-day period,
the Contractor may be deemed to be entitled to a semi-final payment for work completed,
such semi-final payment to be in the amount equal to the dollar amount then due less the
dollar value of any written claims pending against the Contractor arising out of
performance of such work, and such semi-final payment may be recommended by the
Director.
The Director shall not recommend final payment to a Contractor against whom such a
claim for damages is outstanding for a period of six months following the date of the
acceptance of the work performed unless the Contractor submits evidence in writing
' satisfactory to the Director that:
A. The claim has been settled and a release has been obtained from the
claimant involved, or
Fort Worth Water Department C-35 General Conditions
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B. Good faith efforts have been made to settle such outstanding claims, and
such good faith efforts have failed.
If condition(A) above is met at any time within the six month period, the Director shall
recommend that the final payment to the Contractor be made. If condition (B) above is
met at any time within the six month period, the Director may recommend that final
payment to the Contractor be made. At the expiration of the six month period, the
Director may recommend that final payment be made if all other work has been
performed and all other obligations to the Contractor have been met to the satisfaction of
the Director.
The Director may, if he deems it appropriate, refuse to accept bids on other Water
Department Contract work from a Contractor against whom a claim for damages is
outstanding as a result of work performed under a City Contract.
C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor claim
compensation for any alleged damage by reason of the acts or omissions of the Owner, he
shall within three days after the actual sustaining of such alleged damage, make a written
statement to the Engineer, setting out in detail the month succeeding that in which any
such damage is claimed to have been sustained, the Contractor shall file with the
Engineer an itemized statement of the details and amount of such alleged damage and,
upon request, shall give the Engineer access to all books of account, receipts,vouchers,
bills of lading, and other books or papers containing any evidence as to the amount of
such alleged damage. Unless such statements shall be filed as hereinabove required, the
Contractor's claim for compensation shall be waived, and he shall not be entitled to
payment on account of such damages.
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C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES: In case it is
necessary to change, move, or alter in any manner the property of a public utility or
3 others, the said property shall not be moved or interfered with until orders thereupon have
been issued by the Engineer. The right is reserved to the owners of public utilities to
enter the geographical limits of the Contract for the purpose of making such changes or
repairs to their property that may be necessary by the performance of this contract.
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C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing sewer
lines have to be taken up or removed,the Contractor shall, at his own expense and cost,
provide and maintain temporary outlets and connections for all private or public drains
and sewers. The Contractor shall also take care of all sewage and drainage which will be
received from these drains and sewers, and for this purpose he shall provide and
maintain, at his own cost and expense, adequate pumping facilities and temporary outlets
or diversions.
The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other
structures necessary, and be prepared at all times to dispose of drainage and sewage
i received from these temporary connections until such times as the permanent connections
are built and are in service. The existing sewers and connections shall be kept in service
Fort Worth Water Department C-36 General Conditions
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and maintained under the Contract, except when specified or ordered to be abandoned by
the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory
manner so that no nuisance is created and so that the work under construction will be
adequately protected.
C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE
CITY: When the Contractor desires to use City water in connection with any
construction work, he shall make complete and satisfactory arrangements with the Fort
Worth City Water Department for so doing.
City water furnished to the Contractor shall be delivered to the Contractor from a
connection on an existing City main. All piping required beyond the point of delivery
# shall be installed by the Contractor at his own expense.
The Contractor's responsibility in the use of all existing fire hydrants and/or valves is
detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General
' Contract Documents.
When meters are used to measure the water, the charges, if any, for water will be at the
regularly established rates. When meters are not used, the charges, if any, will be as
prescribed by the City Ordinance, or where no ordinance applies,payment shall be made
on estimates and rates established by the Director of the Fort Worth Water Department.
C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the
opinion of the Engineer, any section or portion of the work or any structure is in suitable
condition, it may be put into use upon the written order of the Engineer, and such usage
shall not be held to be in any way an acceptance of said work or structure or any part
thereof or as a waiver or any of the provisions or these Contract Documents. All
necessary repairs and removals of any section of the work so put into use, due to
defective materials or workmanship, equipment, or to deficient operations on the part of
the Contractor, shall be performed by the Contractor at his own expense.
= C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until written
acceptance by the Owner as provided for in these Contract Documents, the work shall be
under the charge and care of the Contractor, and he shall take every necessary precaution
i to prevent injury or damage to the work or any part thereof by action of the elements or
3 from any cause whatsoever, whether arising from the execution or non-execution of the
work. The Contractor shall rebuild, repair, restore, and make good at his own expense all
injuries or damages to any portion of the work occasioned by any of the hereinabove
causes.
C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer or any order
by the Owner by payment of money or any payment for or acceptance of any work, or
any extension of time, or any possession taken by the City shall not operate as a waiver of
any provision of the Contract Documents. Any waiver of any breach or Contract shall
not be held to be a waiver of any other or subsequent breach.
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The Owner reserves the right to correct any error that may be discovered in any estimate
that may have been paid and to adjust the same to meet the requirements of the Contract
Documents.
C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the
provisions of these Contract Documents or in exercising any power or authority granted
thereunder, there shall be no liability upon the authorized representatives of the Owner,
either personally or otherwise as they are agents and representatives of the City.
C6-6.21 STATE SALES TAX: On a contract awarded by the City of Fort Worth, an
organization which qualifies for exemption pursuant the provisions of Article 20.04 (H)
of the Texas Limited Sales, excise, and Use Tax Act, the Contractor may purchase, rent
or lease all materials, supplies and equipment used or consumed in the performance of
this contract by issuing to his supplier an exemption certificate in lieu of the tax, said
exemption certificate to comply with the State Comptroller's Ruling .007. Any such
exemption certificate issued by the Contractor in lieu of the tax shall be subject to and
shall comply with the provisions of State Comptroller's Ruling .011, and any other
applicable State Comptroller rulings pertaining to the Texas Limited Sales, Excise, and
Use Tax Act.
On a contract awarded by a developer for the construction of a publicly-owned
improvement in a street right of way or other easement which has been dedicated to the
public and the City of Fort Worth, an organization which qualifies for exemption
pursuant to the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and
Use Tax Act, the Contractor can probably be exempted in the same manner stated above.
Limited Sale, Excise, and Use Tax permits and information can be obtained from:
Comptroller of Public Accounts
1 Sale Tax Division
Austin, Texas
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SECTION C7-7 PROSECUTION AND PROGRESS
C7-7.1 SUBLETTING: The Contractor shall perform with his own organization, and
with assistance of workman under his immediate superintendence, work of a value of not
less than fifty (50)percent of the value embraced in the contract. If the Contractor
sublets any part of the work to be done under these Contract Documents, he will not
under any circumstances be relieved of the responsibility and obligation assumed under
these Contract Documents. All transactions of the Engineer will be with the Contractor.
Subcontractors will be considered only in the capacity of employees and workmen of the
Contractor and shall be subject to the same requirements as to character and competency.
The Owner will not recognize any subcontractor on the work. The Contractor shall at all
times, when the work is in operation, be represented either in person or by a
superintendent or other designated representatives.
C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign,transfer,
sublet, convey, or otherwise dispose of the contract or his rights, title, or interest in or to
the same or any part thereof without the previous consent of the Owner expressed by
resolution of the City Council and concurred in the Sureties.
If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or
1 otherwise dispose of the contract or his right,title, or interest therein or any part thereof,
to any person or persons, partnership, company, firm, or corporation, or does by
bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any
state, attempt to dispose of the contract may, at the option of the Owner be revoked and
annulled, unless the Sureties shall successfully complete said contract, and in the event of
any such revocation or annulment, any monies due or to become due under or by virtue
of said contract shall be retained by the Owner as liquidated damages for the reason that
it would be impracticable and extremely difficult to fix the damages.
C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction
operation, the Contractor shall submit to the Engineer in five or more copies, if requested
by the Engineer, a progress schedule preferably in chart or diagram form, or a brief
outlining in detail and step by step manner of prosecuting the work and ordering
materials and equipment which he expects to follow in order to complete the project in
the scheduled time. There shall also be submitted a table of estimated amounts to be
earned by the Contractor during each monthly pay estimate period.
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The Contractor shall commence the work to be performed under this contract within the
i time limit stated in these Contract Documents and shall conduct the work in a continuous
manner and with sufficient equipment, materials, and labor as is necessary to insure its
completion within the time limit.
The sequence requested of all construction operations shall be at all times as specified in
the Special Contract Documents. Any deviation from such sequencing shall be submitted
to the Engineer for his approval. Contractor shall not proceed with any deviation until he
I has received written approval from the Engineer. Such specification or approval by the
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t Engineer shall not relieve the Contractor from the full responsibility of the complete
performance of the Contract.
The contract time may be changed only as set forth in Section C7-7.8 "Extension of Time
of Completion" of this Agreement, and a progress schedule shall not constitute a change
in the contract time.
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C7-7.4 LIMITATIONS OF OPERATIONS: The working operations shall at all times be
conducted by the Contractor so as to create a minimum amount of inconvenience to the
public. At any time when, in the judgment of the Engineer, the Contractor has obstructed
or closed or is carrying on operations in a portion of a street or public right of way greater
than is necessary for the proper execution of the work,the Engineer may require the
j Contractor to finish the section on which operations are in progress before the work is
commenced on the additional section or street.
C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used
by the Contractor if available. The Contractor may bring in from outside the City of Fort
Worth his key man and his superintendent. All other workmen, including equipment
operators, may be imported only after the local supply is exhausted. The Contractor shall
employ only such superintendents, foremen, and workmen who are careful, competent,
and fully qualified to perform the duties or tasks assigned to them, and the Engineer may
demand and secure the summary dismissal of any person or persons employed by the
Contractor in or about or on the work who, in the opinion of the Owner, shall misconduct
himself or be found to be incompetent, disrespectful, intemperate, dishonest, or otherwise
objectionable or neglectful in the proper performance of his or their duties, or who
neglects or refuses to comply with or carry out the directions of the Owner, and such
person or persons shall not be employed again thereon without written consent of the
Engineer.
All workmen shall have sufficient skill, ability, and experience to properly perform the
work assigned to them and operate any equipment necessary to properly carry out the
performance of the assigned duties.
' The Contractor shall furnish and maintain on the work all such equipment as is
considered to be necessary for prosecution of the work in an acceptable manner and at a
satisfactory rate of progress. All equipment, tools, and machinery used for handling
materials and executing any part of the work shall be subject to the approval of the
Engineer and shall be maintained in a satisfactory, safe and efficient working condition.
Equipment on any portion of the work shall be such that no injury to the work, workmen
or adjacent property will result from its use.
C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed starting with the
first day of work completed as defined in C1-1.23 "WORKING DAY" or the date
stipulated in the "WORK ORDER"for beginning work, whichever comes first: ,� ]
Fort Worth Water Department C-40 General Conditions
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Nothing in these Contract Documents shall be construed as prohibiting the Contractor
from working on Saturday, Sunday, or Legal Holidays,providing that the following
requirements are met:
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A. A request to work on a specific Saturday, Sunday, or Legal Holiday must
be made to the Engineer no later than the preceding Thursday.
B. Any work to be done on the project on such a specific Saturday, Sunday,
or Legal Holiday must be, in the opinion of the Engineer, essential to the
timely completion of the project.
The Engineer's decision shall be final in response to such a request for approval to work
j on a specific Saturday, Sunday, or Legal Holiday, and no extra compensation will be
allowed to the Contractor for any work performed on such specific Saturday, Sunday, or
Legal Holiday.
Calendar Days shall be defined in C1-1.24 and the Contractor may work as he so desires.
C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor shall
commence the working operations within the time specified in the Contract Documents
and set forth in the Work Order. Failure to do so shall be considered by the Owner as
abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit.
The Contractor shall maintain a rate of progress such as will insure that the whole work
will be performed and the premises cleaned up in accordance with the Contract
Documents and within the time established in such documents and such extension of time
as may be properly authorized by the Owner.
C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request for an
extension of time of completion shall be considered only when the request for such
extension is submitted in writing to the Engineer within seven days from and after the
time alleged cause of delay shall have occurred. Should an extension of time of
completion be requested such request will be forwarded to the City Council for approval.
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In adjusting the contract time or completion of the work, consideration will be given to
unforeseeable causes beyond the control of an without the fault of negligence of the
Contractor, including but not limited to acts of the public enemy, acts of the Owner, fire,
flood, tornadoes, epidemics, quarantine restrictions, strikes, freight embargoes, or delays
of sub-contractors due to such causes.
When the date of completion is based on a calendar day bid, a request for extension of
' time because of inclement weather will not be considered. A request for extension of
time due to inability to obtain supplies and materials will be considered only when a
review of the Contractor's purchase order dates and other pertinent data as requested by
the Engineer indicates that the Contractor has made a bonafide attempt to secure delivery
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on schedule. This shall include efforts to obtain the supplies and materials from alternate
sources in case the first source cannot make delivery.
If satisfactory execution and completion of the contract should require work and
materials in greater amounts or quantities than those set forth in the approved Contract
Documents, then the contract time may be increased by Change Order.
C7-7.9 DELAYS: The Contractor shall receive no compensation for delays or
hindrances to the work, except when direct and unavoidable extra cost to the Contractor
is caused by the failure of the City to provide information or material, if any, which is to
be furnished by the City. When such extra compensation is claimed, a written statement
thereof shall be presented by the Contractor to the Engineer and if by him found correct
shall be approved and referred by him to the Council for final approval or disapproval;
and the action thereon by the Council shall be final and binding. If delay is caused by
specific orders given by the Engineer to stop work, or by the performance of extra work,
or by the failure of the City to provide materials or necessary instructions for carrying on
the work, then such delay will entitle the Contractor to an equivalent extension of time,
his application for which shall, however, be subject to the approval of the City Council;
and no such extension of time shall release the Contractor or the surety on his
performance bond from all obligations hereunder which shall remain in full force until
the discharge of the contract.
C7-7.10 TIME OF COMPLETION: The time of completion is an essential element of
the contract. Each bidder shall indicate in the appropriate place on the last page of the
Proposal the number of working days or calendar days that he will require to fully
complete this contract or the time of completion will be specified by the City in the
Proposal section of the Contract Documents.
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The number of days indicated shall be a realistic estimate of the time required to
complete the work covered by the specific contract being bid upon. The amount of time
so stated by the successful bidder or the City will become the time of completion
specified in the Contract Documents.
For each calendar day that any work shall remain uncompleted after the time specified in
the Contract Documents, or the increased time granted by the Owner, or as automatically
increased by additional work or materials ordered after the contract is signed, the sum per
day given in the following schedule, unless otherwise specified in other parts of the
Contract Documents, will be deducted from monies due the Contractor, not as a penalty,
but as liquidated damages suffered by the Owner.
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AMOUNT OF CONTRACT
Less than $5,000 inclusive $35.00
$5,001 to $15,000 inclusive $45.00
$15,001 to $25,000 inclusive $63.00
$25,001 to $50,000 inclusive $105.00
$50,001 to 100,000 inclusive $154.00
$100,001 to $500,000 inclusive $210.00
$500,001 to $1,000,000 inclusive $315.00
$1,000,001 to $2,000,000 inclusive $420.00
$2,000,000 and over $630.00
The parties hereto understand and agree that any harm to the City caused by the
Contractor's delay in completing the work hereunder in the time specified by the
Contract Documents would be incapable or very difficult of accurate estimation, and that
the "Amount of Liquidated Damages Per Day", as set out above, is a reasonable forecast
of just compensation due the City for harm caused by any delay.
C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend operations
on such part or parts of the work ordered by any court, and will not be entitled to
additional compensation by virtue of such court order. Neither will he be liable to the
j city in the event the work is suspended by a Court Order. Neither will the Owner be
liable to the Contractor by virtue of any Court Order or action for which the Owner is not
solely responsible.
C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend the
work operation wholly or in part for such period or periods of time as he may deem
necessary due to unsuitable weather conditions or any other unfavorable conditions
which in the opinion of the Owner or Engineer cause further prosecution of the work to
be unsatisfactory or detrimental to the interest of the project. During temporary
suspension of work covered by this contract, for any reason, the Owner will make no
extra payment for stand-by time of construction equipment and/or construction crews.
If it should become necessary to suspend work for an indefinite period,the Contractor
shall store all materials in such manner that they will not obstruct or impede the public
unnecessarily nor become damaged in any way, and he shall take every precaution to
prevent damage or deterioration of the work performed; he shall provide suitable
drainage about the work, and erect temporary structures where necessary.
i Should the Contractor not be able to complete a portion of the project due to causes
beyond the control of and without the fault or negligence of the Contractor, as set forth in
Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be
determined by mutual consent of the Contractor and the Engineer that a solution to allow
construction to-proceed is not available within a reasonable period of time, then the
Contractor may be reimbursed for the cost of moving his equipment off the job and
returning the necessary equipment to the job when it is determined by the Engineer tat
Fort Worth Water Department C-43 General Conditions
s construction may be resumed. Such reimbursement shall be based on actual cost to the
'! Contractor of moving the equipment and no profit will be allowed.
No reimbursement shall be allowed if the equipment is moved to another construction
project for the City of Fort Worth. The Contractor shall not suspend work without
written notice from the Engineer and shall proceed with the work operations promptly
when notified by the Engineer to so resume operations.
C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY:
Whenever, because of National Emergency, so declared by the President of the United
States or other lawful authority, it becomes impossible for the Contractor to obtain all of
the necessary labor, materials, and equipment for the prosecution of the work with
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�J reasonable continuity for a period of two months, the Contractor shall within seven days
notify the City in writing, giving a detailed statement of the efforts which have been
made and listing all necessary items of labor, materials, and equipment not obtainable. If,
after investigations, the Owner finds such conditions existing and that the inability of the
Contractor to proceed is not attributable in whole or in part to the fault or neglect of the
Contract, then if the Owner cannot after reasonable effort, assist the Contractor in
procuring and making available the necessary labor, materials, and equipment within
thirty days, the Contractor may request the Owner to terminate the contract and the
Owner shall comply with the request, and the termination shall be conditioned and based
upon a final settlement mutually acceptable to both the Owner and the Contractor and
final payment shall be made in accordance with the terms of the agreed settlement, which
shall include, but not be limited to,the payment for all work executed, but no anticipated
profits on work which has not been performed.
C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT
OF CONTRACT: The work operations on all or any portion or section of the work under
contract shall be suspended immediately upon written order of the Engineer or the
contract may be declared cancelled by the City Council for any good and sufficient cause.
The following, by way of example, but not of limitation, may be considered grounds for
suspension or cancellation:
A. Failure of the Contractor to commence work operations within the time
specified in the Work Order issued by the Owner.
B. Substantial evidence that the progress of the work operations by the
Contractor is insufficient to complete the work within the specified time.
C. Failure of the Contractor to provide and maintain sufficient labor and
equipment to properly execute the working operations.
D. Substantial evidence that the Contractor has abandoned the work.
E. Substantial evidence that the Contractor has become insolvent or bankrupt,
or otherwise financially unable to carry out the work satisfactorily.
Fort Worth Water Department C-44 General Conditions
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F. Failure on the part of the Contractor to observe any requirements of the
Contract Documents or to comply with any orders given by the Engineer
or Owner provided for in these Contract Documents.
G. Failure of the Contractor promptly to make good any defect in materials or
workmanship, or any defects of any nature the correction of which has
been directed in writing by the Engineer or the Owner.
H. Substantial evidence of collusion for the purpose of illegally procuring a
contract or perpetrating fraud on the City in the construction of work
under contract.
I. A substantial indication that the Contractor has made an unauthorized
assignment of the contract or any funds due therefrom for the benefit of
any creditor or for any other purpose.
J. If the Contractor shall for any cause whatsoever not carry on the working
} operation in an acceptable manner.
K. If the Contractor commences legal action against the Owner.
A copy of the suspension order or action of the City Council shall be served on the
Contractor's Sureties. When work is suspended for any cause or causes, or when the
contract is cancelled,the Contractor shall discontinue the work or such part thereof as the
Owner shall designate, whereupon the Sureties may, at their option, assume the contract
or that portion thereof which the Owner has ordered the Contractor to discontinue, and
_l may perform the same or may, with the written consent of the Owner, sublet the work or
that portion of the work as taken over, provided however,that the Sureties shall exercise
their option, if at all, within two weeks after the written notice to discontinue the work
j has been served upon the Contractor and the Sureties or their authorized agents. The
Sureties, in such event shall assume the contractor's place in all respects, and shall be
paid by the Owner for all work performed by them in accordance with the terms of the
Contact Documents. All monies remaining due the Contractor at the time of this default
shall thereupon become due and payable to the Sureties as the work progresses, subject to
i all terms of the Contract Documents.
In case the Sureties do not, within the hereinabove specified time, exercise their right and
option to assume the contract responsibilities, or that portion thereof which the Owner
} has ordered by the Contractor to discontinue, then the Owner shall have the power to
complete, by contract or otherwise, as it may determine,the work herein described or
' such part thereof as it may deem necessary, and the Contractor hereto agrees that the
j Owner shall have the right to take possession of an use any materials,plants, tools,
equipment, supplies, and property of any kind provided by the Contractor for the purpose
of carrying on the work and to procure other tools, equipment, materials, labor, and
property for the completion of the work, and to charge to the account of the Contractor of
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said contract expense for labor, materials, tools, equipment, and all expenses incidental
thereto. The expense so charged shall be deducted by the Owner from such monies as
may be due or may become due at any time thereafter to the Contractor under and by
' virtue of the Contract or any part thereof. The Owner shall not be required to obtain the
' lowest bid for the work completing the contract, but the expense to be deducted shall be
the actual cost of the owner of such work.
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In case such expenses shall exceed the amount which would have been payable under the
Contract if the same had been completed by the Contractor, then the Contractor and his
Sureties shall pay the amount of such excess to the City on notice from the Owner of the
excess due. When any particular part of the work is being carried on by the Owner by
contract or otherwise under the provisions of this section, the Contractor shall continue
S the remainder of the work in conformity with the terms of the Contract Documents in
such a manner as to not hinder or interfere with performance of the work by the Owner.
C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having
been fulfilled, save as provided in any bond or bonds or by law, when all the work and all
sections or parts of the project covered by the Contract Documents have been finished
and completed, the final inspection made by the Engineer, and the final acceptance and
final payment made by the Owner.
C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER:
A. Notice of Termination: The performance of the work under this contract
may be terminated by the Owner in whole, or from time to time in part, in
accordance with this section, whenever the Owner shall determine that such
termination is in the best interest of the Owner. Any such termination shall be
effected by mailing a notice of termination to the Contractor specifying the extent
to which performance of work under the contract is terminated, and the date upon
which such termination is to become effective. Receipt of the notice shall be
deemed conclusively presumed and established when the letter is placed in the
United States Mail by the Owner. Further, it shall be deemed conclusively
presumed and established that such termination is made with just cause as therein
stated; and no proof in any claim, demand or suit shall be required of the Owner
regarding such discretionary action.
B. Contractor Action: After receipt of a notice of termination, and except as
otherwise directed by the Engineer, the Contractor shall:
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1. Stop work under the contract on the date and to the extent specified
in the notice of termination.
1 2. Place no further orders or subcontracts for materials, services, or
facilities except as may be necessary for completion of such portion of the
work under the contract as is not terminated.
Fort Worth Water Department C-46 General Conditions
3. Terminate all orders and subcontracts to the extent that they relate
' to the performance of work terminated by the notice of termination.
4. Transfer title to the Owner and deliver in the manner, at the times,
and to the extent, if any, directed by the Engineer.
a. The fabricated or un-fabricated part, work in process,
completed work, supplies, and other material produced as
j part of, or acquired in connection with, the performance of
the work terminated by the notice of termination.
b. The completed, or partially completed plans, drawings,
information and other property which, if the contract had
been completed, would have been required to be furnished
by the Owner.
5. Complete performance of such part of the work as shall not have
been terminated by the notice of termination.
6. Take such action as may be necessary, or as the Engineer may
direct, for the protection and preservation of the property related to
its contract which is in the possession of the Contractor and in
which the Owner has or may acquire the rest.
a At a time not later than 30 days after the termination date specified in the notice
of termination, the Contractor may submit to the Engineer a list, certified as to the
quantity and quality of any or all items of termination inventory not previously
disposed of, exclusive of items the disposition of which has been directed or
authorized by the Engineer. Not later than 15 days thereafter, the Owner shall
accept title to such items provided, that the list submitted shall be subject to
verification by the Engineer upon removal of the items or, if the items are stored,
within 45 days from the date of submission of the list, and any necessary
adjustments to correct the list, as submitted, shall be made prior to final
t settlement.
C. Termination Claim: Within 60 days after notice of termination, the
Contractor shall submit his termination claim to the Engineer in the form and with
the certification prescribed by the Engineer. Unless one or more extensions in
writing are granted by the Owner upon request of the Contractor, made in writing
' within such 60 day period or authorized extension thereof, any an all such claims
shall be conclusively deemed waived.
D. Amounts: Subject to the provision if Item C7-7.16, the Contractor and
Owner may agree upon the whole or any part of the amount or amounts to be paid
to the Contractor by reason of the total or partial termination of work pursuant
hereto; provided, that such agreed amount or amounts shall never exceed the total
contract price as reduced by the amount of payments otherwise made and as
Fort Worth Water Department C-47 General Conditions
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further reduced by the contract price of work not terminated. The contract shall
be amended accordingly, and the Contractor shall be paid the agreed amount. No
amount shall be due for lost or anticipated profits. Nothing in C7-7.16 hereafter,
prescribing the amount to be paid to the Contractor in the event of failure of the
Contractor by reason of the termination of work pursuant to this section, shall be
deemed to limit, restrict, or otherwise determine or affect the amount or amounts
which may be agreed upon to be paid to the Contractor pursuant to this paragraph.
E. Failure to Agree: In the event of the failure of the Contractor and the
Owner to agree as provided in C7-7.16(D) upon the whole amount to be paid to
the Contractor by reason of the termination of work on the basis of information
available to it, the amount, if any, due to the Contractor by reason of the
termination and shall pay to the Contractor the amounts determined. No amount
shall be due for lost or anticipated profits.
F. Deductions: In arriving at the amount due the contractor(under this
section, there shall be deducted (a) all un-liquidated advance or other payments on
account theretofore made to the Contractor, applicable to the terminated portion
of this contract; (b) an y claim which the Owner may have against the Contractor
in connection with this contract; and (c) the agreed price for, or the proceeds of
sale of, any materials, supplies, or other things kept by the Contractor or sold,
pursuant to the provisions of this clause, and not otherwise recovered by or
credited to the Owner.
G. Adjustment: If the termination hereunder be partial,prior to the settlement
of the terminated portion of the contract, the Contractor may file with the
Engineer a request in writing for an equitable adjustment of the price or price
specified in the contract relating to the continued portion of the contract(the
portion not terminated by the notice of termination), such equitable adjustment as
may be agreed upon shall be made in such price or prices; nothing contained
herein, however, shall limit the right of the Owner an d the Contractor to agree
upon the amount or amounts to be paid to the Contractor for the completion of the
continued portion of the contract when said contract does not contain an
established contract price for such continued portion.
H. No Limitation of Rights: Nothing contained in this section shall limit or
alter the rights which the Owner may have for termination of this contract under
C7-7.14 hereof entitled "Suspension of Abandonment of the Work and
Amendment of Contract" or any other right which Owner may have for default or
i breach of contract by Contractor.
C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be responsible
for initiating, maintaining, and supervising all safety precautions and programs in
connection with the work at all times and shall assume all responsibilities for their
Ienforcement.
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Fort Worth Water Department C-48 General Conditions
The Contractor shall comply with federal, state, and local laws, ordinances, and
s regulations so as to protect person and property from injury, including death, or damage
in connection with the work.
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Fort Worth Water Department C-49 General Conditions
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SECTION C8-8 MEASURMENT AND PAYMENT
C8-8.1 MEASURMENT OF QUANTITIES: The determination of quantities of work
j performed by the Contractor and authorized by the Contract Documents acceptably
completed under the terms of the Contract Documents shall be made by the Engineer,
based on measurements made by the Engineer. These measurements will be made
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according to the United States Standard Measurements used in common practice, and will
be the actual length, area, solid contents, numbers, and weights of the materials and items
installed.
C8-8.2 UNIT PRICES: When in the Proposal a"Unit Price" is set forth the said"Unit
Price" shall include the furnishing by the Contractor of all labor, tools, materials,
machinery, equipment, appliances and appurtenances necessary for the construction of
and the completion in a manner acceptable to the Engineer of all work to be done under
these Contract Documents.
' The "Unit Price" shall include all permanent and temporary protection of overhead,
surface, and underground structures, cleanup, finished, overhead expense, bond,
insurance, patent fees, royalties, risk due to the elements and other causes, delays,profits,
injuries, damage claims,taxes, and all other items not specifically mentioned that may be
required to fully construct each item of the work complete in place an in a satisfactory
condition of operation.
C8-8.3 LUMP SUM: When in the Proposal a"Lump Sum"is set forth,the said "Lump
Sum" shall represent the total cost for the Contractor to furnish all labor, tools, materials,
machinery, equipment, appurtenances, and all subsidiary work necessary for the
construction and completion of all the work to provide a complete and functional item as
detailed in the Special Contract Documents and/or Plans.
C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the
compensation, as herein provided, in full payment for furnishing all labor, tools,
materials, and incidentals for performing all work contemplated and embraced under
these Contract Documents, for all loss and damage arising out of the nature of the work
or form the action of the elements, for any unforeseen defects or obstructions which may
arise or be encountered during the prosecution of the work at any time before its final
acceptance by the Owner, (except as provided in Paragraph C5-5.14) for all risks of
whatever description connected with the prosecution of the work, for all expense incurred
by or in consequence of suspension or discontinuance of such prosecution of the working
operations as herein specified, or any and all infringements or patents, trademarks,
j copyrights, or other legal reservations, and for completing the work in an acceptable
manner according to the terms of the Contract Documents.
The payment of any current or partial estimate prior to final acceptance of the work by
the Owner shall in no way constitute an acknowledgment of the acceptance of the work,
materials, or equipment, nor in any way prejudice or affect the obligations of the
1` Contractor to repair, correct, renew, or replace at his own and proper expense, any defects
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Fort Worth Water Department C-50 General Conditions
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j or imperfections in the construction or in the strength or quality of the material used or
equipment and machinery furnished in or about the construction of the work under
contract and its appurtenances, or any damage due or attributed to such defects, which
defects, imperfection, or damage shall have been discovered on or before the final
inspection and acceptance of the work or during the one year guarantee period after final
acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage,
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and the Contractor shall be liable to the Owner for failure to correct the same as provided
herein.
C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the lst and 5th day or
each month the Contractor shall submit to the Engineer a statement showing an estimate
of the value of the work done during the previous month, or estimate period under the
Contract Documents. Not later than the 10th day of the month the Engineer shall verify
such estimate, and if it is found to be acceptable and the value of work performed since
r the last partial payment was made exceeds one hundred dollars in amount, 90% of such
j estimated sum will be paid to the Contractor if the total contract amount is less than
$400,000, or 95% of such estimated sum will be paid to the Contractor if the total
contract amount is $400,000 or greater within twenty-five (25) days after the regular
1 estimate period. The City will have the option of preparing estimated on form furnished
by the City. The partial estimate may include acceptable nonperishable materials
delivered to the work,which are to be incorporated into the work as a permanent part
f thereof, but which at the time of the estimate have not been installed.(such payment will
be allowed on a basis of 85% of the net invoice value thereof) The Contractor shall
furnish the Engineer such information as he may request to aid him as a guide in the
1 verification or the preparation of partial estimates.
It is understood that the partial estimate from month to month will be approximate only,
jand all partial monthly estimates and payment will be subject to correction in the
estimates rendered following the discovery of an error in any previous estimate, and such
estimate shall not, in any respect,be taken as an admission of the Owner of the amount of
work done or of its quality of sufficiency, or as an acceptance of the work done or the
release of the Contractor of any of his responsibilities under the Contract Documents.
The City reserves the right to withhold the payment of any monthly estimate if the
Contractor fails to perform the work strictly in accordance with the specifications or
provisions of this contract.
C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be
' held in abeyance if the performance of the construction operations is not in accordance
with the requirements of the Contract Documents.
C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by the
_ Contract Documents shall have been completed and all requirements of the Contract
Documents shall have been fulfilled on the part of the Contractor, the Contractor shall
inotify the Engineer in writing that the improvements are ready for the final inspection.
The Engineer shall notify the appropriate officials of the Owner, will within a reasonable
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Fort Worth Water Department C-51 General Conditions
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time make such final inspection, and if the work is satisfactory, in an acceptable
condition, and has been completed in accordance with the terms of the Contract
Documents and all approved modifications thereof, the Engineer will initiate the
processing of the final estimate and recommend final acceptance of the project and final
payment thereof as outlined in C8-8.8 below.
C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the
Contract Documents and all approved modifications thereof shall have been completed
and all requirements of the Contract Documents have been fulfilled on the part of the
Contractor, a final estimate showing the value of the work will be prepared by the
Engineer as soon as the necessary measurements, computations, and checks can be made.
All prior estimates upon which payment has been made are subject to necessary
corrections or revisions in the final payment.
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The amount of the final estimate, less previous payments and any sum that have been
deducted or retained under the provisions of the Contract Documents, will be paid to the
Contractor within 60 days after final acceptance by the Owner on a proper resolution of
the City Council,provided the Contractor has furnished to the Owner satisfactory
evidence of payment as follows: prior submission of the final estimate for payment, the
Contractor shall execute an affidavit, as furnished by the City, certifying that all persons,
firms, associations, corporations, or other organizations furnishing labor and/or materials
have been paid in full, that the wage scale established by the City Council in the City of
I Fort Worth has been paid, and that there are no claims pending for personal injury and/or
property damages.
The acceptance by the Contractor of the last or final payment as aforesaid shall operate as
and shall release the Owner from all claims or liabilities under the Contract for anything
done or furnished or relating to the work under the Contract Documents or any act or
neglect of said City relating to or connected with the Contract.
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The making of the final payment by the Owner shall not relieve the Contractor of any
guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it has
employed competent Engineers and designers to prepare the Contract Documents and all
modifications of the approved Contract Documents. It is, therefore, agreed that the
j Owner shall be responsible for the adequacy of its own design features, sufficiency of the
Contract Documents, the safety of the structure, and the practicability of the operations of
the completed project, provided the Contractor has complied with the requirements of the
} said Contract Documents, all approved modifications thereof, and additions and
I alterations thereto approved in writing by the Owner. The burden of proof of such
compliance shall be upon the Contractor to show that he has complied with the said
requirements of the Contract Documents, approved modifications thereof, and all
f approved additions and alterations thereto.
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Fort Worth Water Department C-52 General Conditions
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C8-8.10 GENERAL GUARANTEE: Neither the final certificate of payment nor any
provision in the Contract Documents nor partial or entire occupancy or use of the
premises by the Owner shall constitute an acceptance of work not done in accordance
with the Contract Documents or relieve the Contractor of liability in respect to any
express warranties or responsibility for faulty materials or workmanship. The Contractor
shall remedy any defects or damages in the work and pay for any damage to other work
resulting therefrom which shall appear within a period of one year from the date of final
1 acceptance of the work unless a longer period is specified and shall furnish a good and
1 sufficient maintenance bond in the amount of 100 percent of the amount of the contract
which shall assure the performance of the general guarantee as above outlined. The
Owner will give notice of observed defects with reasonable promptness.
C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by
documentary requirements for the project, such as conditions imposed by the Plans, the
j General Contract Documents, or the Special Contract Documents, in which no specific
item for bid has been provided for in the Proposal, shall be considered as a subsidiary
item of work, the cost of which shall be included in the price bid in the Proposal, for each
bid item. Surface restoration, rock excavation, and clean-up are general items of work
which fall in the category of subsidiary work.
C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be
allocated under various bid items in the Proposal to establish unit prices for
miscellaneous placement of material. These materials shall be used only when directed
by the Engineer, depending on field conditions. Payment for miscellaneous placement of
material will be made for only that amount of material used, measured to the nearest one-
tenth unit. Payment for miscellaneous placement of material shall be in accordance with
the General Contract Documents regardless of the actual amount used for the project.
{ C8-8.13 RECORD DOCUMENTS: Contractor shall keep on record a copy of all
specifications, plans, addenda, modifications, shop drawings, and samples at the site, in
good order and annotated to show all changes made during the construction process.
These shall be delivered to the Engineer upon completion of the work.
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Fort Worth Water Department C-53 General Conditions
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FORT WO
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ADDENDUM PAGE 1 OF 1
WASTE DISPOSAL FROM JETTER/VACTOR TRUCKS
BID#04-0264
Date: 02-25-2005 Addendum: #01 Due Date: 03-03-2005
The purpose of this addendum is to incorporate the following changes into the purchase
specification.
1. A local processing plant is desired however a local Transfer Facility is acceptable.
Transfer Facility: Must be authorized by the Texas Commission on Environmental
Quality (TCEQ)to accept and hold (for up to ten days prior to sending to final
disposal site) both industrial/non-industrial and hazardous/non-hazardous wastes.
Local: Processing Plant or Transfer Facility must be within a 10-mile radius of
Water Department Field Operations at 1515 111"Ave, Fort Worth, TX.
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All processing plants and facilities are subject to inspection by City of Fort Worth,
Water Department personnel.
2. Scope of Work Clarification:
This agreement is not for truck rental or purchase. It is solely for the temporary
storage or disposal of MSW/Special Waste at the vendor's local facility. The City or
the City's Contractors will bring their jetter/vactor trucks to the vendor's facility for
transfer or disposal of contents.
3. All manifest copies will be forwarded to:
Greg Stean
i Water Department
1515 11" Ave
Fort Worth, TX
All other terms and conditions remain unchanged
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Yours Truly,
Robert Combs,
Purchasing Manager
ACKNOWLEDGMENT
By the signatures affixed below, Addendum No. 01 is hereby incorporated into and made
part of the above referenced Invitation to Bid.
Receipt Acknowledged By:
Company Name Authorized Signature Date
NOTE: Company name and signature must be the same as on the original bid. Return
original to the Purchasing Division, City of Fort Worth, Texas prior to submittal or with your
sealed bid. FAILURE TO DO SO MAY CONSTITUTE GROUNDS FOR REJECTION OF YOUR
OFFER.
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PART D - SPECIAL CONDITIONS
D-1 GENERAL: Subject to modifications as herein contained, the Fort Worth Water
Department's General Contract Documents and Specifications, effective January 1, 1978,with the
latest revisions, are made a part of the Contract Documents for this project. The Plans, Special
Conditions and Provisions Documents, and the rules, regulations, requirements, instructions,
' drawings or details referred to by manufacturer's name,number or identification included therein as
specifying, referring, or implying product control, performance, quality, or other shall be binding
upon the Contractor. The specifications and drawings shall be considered cooperative:therefore,
work or material called for by one and not shown or mentioned in the other shall be accomplished
or furnished in a faithful manner as though required by all.
The order or precedence in case of conflicts or discrepancies between various parts of the
Contract Documents subject to the ruling of the Owner shall generally, but not necessarily, follow
the guidelines listed below:
1. Plans
2. Special Contract Documents and Specifications
3. General Contract Documents and Specifications
The following Special Conditions shall be applicable to this project and shall govern over any
conflicts with the General Documents under the provisions stated above.
D-2 PROJECT DESIGNATION:Work under these Special Documents shall be performed under
the following Fort Worth Water Department Project Designation:
Fort Worth Water Department Emergency Response Contract
D-3 MINORITY AND WOMEN BUSINESS(M/WBE)ENTERPRISE COMPLIANCE: Due to the
special nature of the work, M/WBE goals have been waived for this project. Please refer to Part C1
' Supplementary Conditions to Part C, Section B, Item D MINORITY AND WOMAN BUSINESS
(M/WBE) ENTERPRISE COMPLIANCE for a detailed description of the M/WBE requirements.
D-4 PRE-PROJECT CONFERENCE AND SUBMITTALS: Before the project notice to proceed
is issued, a pre-project conference shall be held with representatives of the City Water Department
and the successful Contractor. Contractor shall submit a Spill Prevention Plan, a Safety Plan, an
equipment list and a list of personnel and contact names,their phone numbers and email address.
D-5 PERMITING, INSURANCE AND ADDITIONAL REQUIREMENTS: Seven days prior to
initiating operations, the Contractor shall apply for an Environmental Site Permit with the City of
Fort Worth Water Department, Pretreatment Services Division (817) 871-8305. All vehicles and
equipment used in the transportation, storage and disposal of debris removed during emergency
and cleaning operations are required to meet criteria as described in City of Fort Worth Ordinance
No. 12274,Article VI "Liquid Wastes". A copy of this Ordinance is available for review at the office
of the Engineer. The Contractor's transporters must be registered with the Texas Commission on
Environmental Quality (TCEQ).
All solids or semi-solids resulting from the cleaning operations shall be characterized by the
Contractor. The Contractor shall dispose of the waste at the Cold Springs Processing facility, an
approved disposal site for this waste classification. All materials shall be removed from the site,at
a minimum, at the end of each workday. Waste may not be stored in a TCEQ permitted mobile
closed container for more than 4 days.
Part D SC - 1 8n/2oo7
i The Contractor shall prepare and submit a "Spill Prevention and Counter Control Plan" that will
address handling of any spills to the environment. If an accidental discharge or spill occurs during
cleaning, collection or transportation activities,the Contractor is responsible for taking appropriate
actions to prevent harm to human health and the environment as required by applicable Federal,
State and local laws. The Fort Worth Department of Environmental Management and Water
Department Pretreatment Services shall be contacted immediately.
Registered transporters must maintain copies of their TCEQ registration letter and application in all
vehicles used on the project. The transporter must maintain a record of each individual collection
and deposit in the form of a trip ticket. (See City of Fort Worth Ordinance No. 12274, Article VII,
Section 12.5-711, (k).) Environmental Site Inspections can be made at any time during the
duration of the project. Proof of proper TCEQ registration and trip ticket records must be provided
immediately when requested. Both State and City will perform environmental site inspections
during the course of the project.
The Contractor WILL NOT BE ALLOWED to apply chemicals or biological materials for the
purpose of root control or grease removal on this project.
D-6 DETERMINATION AND INITIATION OF WORK:
Standard Job Wove-In
The Engineer shall determine and designate to the Contractor the location of the work by Work
Order. The Engineer shall notify the Contractor that a Work Order is ready and fax the Contractor
a copy of the Work Order notification with maps. The Contractor is to provide his fax number to the
Engineer at the Pre-Construction Conference. Single work orders will be issued at one time. The
Contractor shall initiate work within two(2)working days of the date the Work Order is faxed to the
Contractor, and continue work on the Work Order until it has been completed. The Contractor
i shall furnish and supply sufficient equipment and personnel to complete the Work Order in the
amount of time provided for in the Work Order. Should the Contractor fail to start any Work Order
within the time specified, he shall add the necessary work crews and equipment to prosecute the
work to complete the Work Order or Work Orders in the time provided thereof.
Emergency Job Move-In
For emergency work orders, upon verbal notification by the City,the Contractor shall mobilize and
initiate work at the designated work site within 90 minutes from notification. The Contractor shall
- be required to provide the City a phone number that is monitored 24/7 in order to respond to
emergencies. The Contractor is to provide his emergency 24/7 phone number to the Engineer at
the Pre-Construction Conference.
D-7 WORK ORDER COMPLETION TIME: Reference Part C, General Conditions, Section C7-7
Prosecution and Progress, paragraph C7-7.10 Time Of Completion, the first two subparagraphs
shall not apply and shall be superseded by the following:
For most emergency work, Contractor shall be required to maintain the work stipulated in the work
order until repairs are complete. For non-emergency work orders, the expected duration of the
work will be incorporated into the work order. If the Contractor is in disagreement with the allotted
time for completion of the work order, the Contractor must respond in writing for the reason of the
disagreement, along with a written request for a time extension.
Part D SC - 2 8ni2007
Failure by the Contractor to complete the individual Work Order within the specified time allowed
will be interpreted as liquidated damages suffered by the Owner. For each calendar day that any
Work Order shall remain uncompleted after the time specified in the Work Order, or the increased
time granted by the Owner, or as automatically increased by additional work or materials ordered
1 after the Work Order is issued,the sum per day, per Work Order, as outlined in the schedule under
Part C, Section C7-7 Prosecution and Progress paragraph C7-7.10 Time of Completion, will be
deducted from monies due the Contractor.
D-8 BID QUANTITIES: Bid quantities of the various items in the Proposal are for bid comparison
only and may not reflect the actual quantities (See General Conditions C2-2.2 and C4-4.3).
Moreover, there is to be no limit on the variations between the estimated quantities shown and the
actual quantities performed.
D-9 LIQUIDATED DAMAGES Failure to complete the work order within the stipulated
construction time on the Work Order will result in liquidated damages being assessed to the
Contractor in the amount stipulated in these contract documents as outlined in Section C7-7.10
It is imperative that the Contractor respond in a timely manner when notified by the City. Therefore,
failure by the Contractor to initiate a work order in the time stipulated in this contract for job move-in
i and emergency job move-in shall be basis for termination of the Contract by the City.
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D-10 DETERMINATION AND INITIATION OF WORK: For job move-in work orders,the City shall
determine and designate to the Contractor the location of the work order with a map. For
emergency job move-in, the City shall provide the address of the work order site verbally to the
Contractor.
D-11 MOVE-IN CHARGES: A Work Order may contain one or more locations. One move-in fee
will be paid for the contractor per Work Order issued. Locations for multiple sites per Work Order
will be in the same general vicinity, if possible, so only one job move-in charge will be paid.
D-12 EMERGENCY JOB MOVE-IN: The City shall determine when an emergency situation shall
exist. When emergency work is required, the Contractor shall mobilize to the said location within
ninety(90) minutes after given notification from the City. The Contractor shall make all necessary
arrangements for bypass pumping, setting up barricades, notifying citizens, etc. After the
emergency work has been completed, there will be no additional "Job Move-In" charges paid to
remobilize back to the previous project location site.
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D-13 LIFE OF CONTRACT: It is contemplated that Work Orders will be issued to the Contractor
for work to be performed under this Contract for not to exceed 365 calendar days following the date
? of the Notice to Proceed nor to exceed the limit of the bid price,whichever should occur first. The
Contractor shall be required to complete any work covered by a Work Order issued prior to that
date of termination but will not be required to accept any Work Order for execution dated after that
date of termination. If the cost of the work performed under this Contract is less than the limit of
the bid price at the end of the 365 calendar day period, at the City's option and the Contractor's
concurrence, the Project may be extended to the limit of the bid price.
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D-14 OPTION TO RENEW: The City has the right to renew this contract for three (3) one year
terms/expenditures under the same terms, conditions, and unit prices. The City shall give the
Contractor at least sixty (60) days notice prior to the expiration of one year from the date of the
Notice to Proceed if it chooses to execute the option to renew.
D-15 INDEMNIFICATION: CONTRACTOR covenants and agrees to, and does hereby, indemnify
Part D SC - 3 8i7i2007
l and hold harmless and defend the CITY, its officers, agents, and employees,from and against any
1 and all suits or claims for damages or injuries, including death, to any and all persons or property,
resulting from any negligent act of omission or commission on the part of CONTRACTOR, its
3 officers, agents, servants, employees or subcontractors in the performance of this Agreement,and
1
' CONTRACTOR does hereby assume all liability and responsibility for injuries, claims or suits for
damages, to persons or property, of whatsoever kind of character, whether real or asserted,
occurring during or arising out of the performance of this Agreement, as a result of any negligent
act of omission or commission on the part of CONTRACTOR, its officers, agents, servants,
employees or subcontractors in the performance of this Agreement, provided, however, that
CONTRACTOR's liability shall be limited to that established in Article 6252-19, Texas Revised Civil
Statutes, and other applicable state statutes and constitutional provisions.
D-16 TERMINATION OF CONTRACT: If the Contractor shall be adjudged bankrupt, or if he
should make a general assignment for the benefit of his creditors, or if a receiver should be
appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should
fail, except in cases for which extension of time is provided, to supply enough properly skilled
workmen, equipment or proper materials, or if he should fail to make prompt payment to
Subcontractor or for material or labor, or persistently disregard laws, ordinances or the instructions
of the Owner, or otherwise be guilty of a substantial violation of any provision of the Contract then
the Owner upon the certificate of the Owner that sufficient cause exists to justify such action may
without prejudice to any other right or remedy and after giving the Contractor seven (7) days
written notice terminate the employment of the Contractor and take possession of the premises
and of all materials, tools, and appliance thereon and finish the work by whatever method the
Owner may deem expedient. In such case, the Contractor shall not be entitled to receive any
further payment until the work is finished. If the unpaid balance of the Contract Price shall exceed
the expense of finishing the work, including compensation for additional managerial and
administrative service, such excess shall be paid to the Contractor. If such expense shall exceed
such unpaid balance the Contractor shall pay the difference to the Owner as herein provided and
the damage incurred through the Contractors fault shall be certified by the Owner.
In the event of termination of Contract before completion of the work due to abandonment of the
project or discontinuance thereof, the Contractor will be paid in proportion to the work completed
and in progress as per scope of work described in the Contract Documents and in accordance with
the unit price schedule.
D-17 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAB!!:
1. Worker's Compensation Insurance Coverage
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a. Definitions:
Certification of coverage("certificate").A copy of a certificate of insurance, a certificate
of authority to self-insured issued by the commission, or a coverage agreement
(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers'
compensation insurance coverage for the person's or entities' employees providing
S services on a project for the duration of the project.
Duration of the project includes the time from the beginning of the work on the project
until the Contra cto r's/perso n's work on the project has been completed and accepted
by the governmental entity.
Persons providing services on the project ("Subcontractor" in 406.096) includes all
persons or entities performing all or part of the services the Contractor has undertaken
Part D SC - 4 8/7/2007
1
to perform on the project, regardless of whether that person contracted directly with the
j Contractor and regardless of whether that person has employees. This includes,
without limitation, independent Contractors,subcontractors, leasing companies, motor
j carriers, owner-operators, employees of any such entity, or employees of any entity
that furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other services related to a project. "Services" does not include
activities unrelated to the project such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
b. The Contractor shall provide coverage based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of
the Contractor providing services on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract.
d. If the coverage period shown on the Contractor's current certificate of coverage ends
during the duration of the project, the Contractor must prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
e. The Contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
1) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project, and
2) no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
f. The Contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
g. The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery within ten (10)days after the Contractor knew or should have known
of any change that materially affects the provision of coverage of any person providing
services on the project.
h. The Contractor shall post on each project site a notice in the text, form and manner
prescribed by the Texas Worker's Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
i. The Contractor shall contractually require each person with whom it contracts to
provide services on a project to:
1) Provide coverage, based on proper reporting on classification codes and payroll
amounts and filing of any coverage agreements which meets the statutory
requirements of Texas Labor Code, Section 401.011 (44)for all of its employees
Part D SC - 5 8i7i2007
providing services on the project, for the duration of the project:
2) Provide to the Contractor prior to that person beginning work on the project, a
? certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the project for the duration of the project.
3) Provide the Contractor, prior to the end of the coverage, a new certificate of
coverage showing extension of coverage if the coverage period shown on the
current certificate of coverage ends during the duration of the project:
4) Obtain from each other person with whom it contracts, and provide to the
Contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project and;
b. a new certificate of coverage showing extension of coverage, prior to the
{ end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project:
s 5) Retain all required certificates of coverage on file for the duration of the project
and for one year thereafter:
6) Notify the governmental entity in writing by certified mail or personal delivery,
within Ten (10)days after the person knew or should have known, of any change
that materially affects the provision of coverage of any person providing services
on the project; and
7) Contractually require each person with whom it contracts, to perform as required
by paragraphs (1) - (7) with the certificates of coverage to be provided to the
person for whom they are providing services.
j. By signing this contract or providing or causing to be provided a certificate of
coverage,the Contractor is representing to the governmental entity that all employees
of the Contractor who will provide services on the project will be covered by worker's'
compensation coverage for the duration of the project,that the coverage will be based
on proper reporting of classification codes and payroll amounts,and that all coverage-
insured, with the commission's Division of Self-insurance Regulation. Providing false
or misleading information may subject the Contractor to administrative, criminal, civil
penalties or other civil actions.
k. The Contractor's failure to comply with any of these provisions is a breach of contract
by the Contractor which entitles the governmental entity to declare the contract void if
the Contractor does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
2. The Contractor shall post a notice on each project site informing all persons providing
services on the project that they are required to be covered, and stating how a person may
verify current coverage and report failure to provide coverage. This notice does not satisfy
other posting requirements imposed by the Texas Worker's Compensation Act or other
Texas Workers Compensation Commission rules. This notice must be printed with a title at
least 30 point bold type and text in at least 19-point normal type, and shall be in both English
Part D SC - 6 8n/2007
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and Spanish and any other language common to the worker population.
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REQUIRED WORKERS' COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to this project
must be covered by workers'compensation insurance. This includes person providing, hauling, or
i delivering equipment or materials or providing labor or transportation or other service related to the
project, regardless of the identity of their employer or status as an employee.
Call the Texas Workers'Compensation Commission at 1-512-440-3789 to receive information on
the legal requirement for coverage, to verify whether your employer has provided the required
coverage, or to report an employer's failure to provide coverage.
'. D-18 WAGE RATES: The labor classifications and minimum wage rates set forth herein have
y been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with
statutory requirements, as being the prevailing classifications-and rates that shall govern on all work
performed by the Contractor or any Subcontractor on the site of the project covered by these
Contract Documents. Wage rates shall meet those current minimum rates set forth for specific job
classifications by the Davis-Bacon act, adjusted for Tarrant County.
D-19 WEEKEND, HOLIDAY AND NIGHT WORK: Contractor is to respond to the location of
the work order regardless of weekend, holidays or after hours.
D-20 DELAYS: The Contractor shall receive no compensation for delays or hindrances to the
work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of
the City to provide information or material, if any, which is to be furnished by the City. When such
extra compensation is claimed, a written statement thereof shall be presented by the Contractor to
the Owner, and if by him found correct, shall be approved and referred by him to the Council for
final approval or disapproval; and the action thereon by the Council shall be final and binding. If
delay is caused by specific orders given by the Owner to stop work, or by the performance of extra
j work, or by the failure of the City to provide material or necessary instructions for carrying on the
work, then such delay will entitle the Contractor to an equivalent extension of time, his application
for which shall, however, be subject to the approval of the City Council and no such extension of
time shall release the Contractor or the surety on his performance bond from all his obligations
hereunder which shall remain in full force until the discharge of the contract.
D-21 EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to
understand that this is a citywide contract, with potential work order sites located citywide.
D-22 ACCESS TO THE WORK: It is anticipated some sanitary sewer line segments where work
orders may be issued are located on private property. Access to these manholes is generally
provided by existing easements and/or right-of-ways; however, the legal access may be covered
with private improvements such as fences, landscaping, outbuildings, etc. In such cases the
i Contractor shall work with the Property Owner to find alternative methods of access and obtain a
signed agreement that outlines the method. Provisions of all agreements for replacement of
removed or damages private property relative to the alternate access method shall be the
responsibility of the Contractor.
D-23 SITE RESTORATION AND DAMAGE TO PRIVATE PROPERTY: The Contractor shall be
responsible for restoring the site to original or better conditions after completion of his operations
subject to approval of the Owner. Replacement shall be in kind or better. At the Contractor's
discretion, digital photos may be taken of existing conditions for documentation. The burden of
Part D SC - 7 8i7i2007
1
} proof as to pre-project site conditions is the sole responsibility of the Contractor. The Contractor
} shall immediately repair or replace any damage to private property, including but not limited to
fences, walls, pavement and water and sewer services, at no cost to the Owner. All costs for site
restoration, repair or replacement to private property and documentation shall be considered
y subsidiary to the project contract price and no additional payment will be allowed.
D-24 EXISTING UTILITIES: The Contractor shall be responsible for verifying the locations of
and protecting all existing utilities, service lines, or other property crossed or exposed by his
operations. Contractor shall make all necessary provisions for the support, protection, relocation,
and or temporary relocation of all utility poles, gas lines, telephone cables, utility services, water
mains, sanitary sewer lines, electrical cables, drainage pipes, and any other utilities and structures
both above and below ground during operations. The Contractor is liable for all damages done to
such existing facilities as a result of his operations and any and all costs incurred for the protection
and/or temporary relocation of such facilities shall be subsidiary to the contract amount. NO
ADDITIONAL COMPENSATION WILL BE ALLOWED.
{ Where existing utilities or service lines are cut, broken or damaged,the Contractor shall replace or
] repair the utilities or service lines with the same type of original material and construction or better
unless otherwise shown or noted on the plans, at his own cost and expense. The Contractor shall
immediately notify the Owner of the damaged utility or service line. He shall cooperate with the
Owners of all utilities to locate existing underground facilities and notify the Owner at once of any
conflicts in grades and alignments.
In case it is necessary to change or move the property of any Owner of a public utility, such
property shall not be moved or interfered with until ordered to do so by the Owner. The right is
reserved to the Owner of public utilities to enter upon the limits of the project for the purpose of
making such changes or repairs of their property that may be made necessary by performance of
this contract.
D-25 PROJECT ACTIVITIES OVER PIPELINES: It is apparent that certain project vehicles could
exceed the load bearing capacity of the pipe under shallow bury conditions. It will be the
responsibility of the Contractor to protect the existing lines from these possible excessive loads.
+ Any damage to the existing pipe will be repaired or replaced by the Contractor, at the Contractor's
expense, to the satisfaction of the City.
D-26 SAFETY STANDARDS AND ACCIDENT PREVENTION: With respect to all work
performed under this Contract the Contractor shall:
1. Comply with the safety standards provisions of applicable laws, building and construction
codes and the Manual of Accident Prevention in Construction published by the Associated
General Contractors of America,the requirements of the Occupational Safety and Health Act
of 1970 (Public Law 91-596 and subsequent amendments), and the requirements of Title 29
of the Code of Federal Regulations, Section1910 or 1926 as applicable.
2. Exercise every, precaution at all times for the prevention of accidents and the protection of
persons (including employees) and property.
3. The attention of the Contractor is directed to the Requirements (including permitting and
recording) of the Confined Space Entry regulations that are under OSHA.
D-27 CONFINED SPACE ENTRY PROGRAM: The Contractor shall produce a written
document explaining the confined space entry program to be implemented on this project. At a
minimum, the submitted program shall be in compliance with all applicable OHSA requirements
Part D SC - 8 8/7/2007
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regulating confined space entry.
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D-28 SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following
procedures will be followed regarding the subject item on this contract:
1. A warning sign not less than five inches by seven inches, painted yellow with black letters that
are legible at twelve feet shall be placed inside and outside vehicles such as cranes,derricks,
power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning
sign shall read as follows:
„WARNING - UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH
VOLTAGE LINES."
2. Equipment that may be operated within ten feet of high voltage lines shall have insulating
cage-type of guard about the boom or arm, except back hoes or dippers, and insulator links
on the lift hook connections.
3. When necessary to work within six feet of high voltage electric lines, notification shall be given
the Power Company (TXU Gas and Electric Utilities/ONCOR) who will erect temporary
mechanical barriers, de-energize the lines, or raise or lower the lines. The work done by the
Power Company shall not be at the expense of the City of Fort Worth. The notifying
department shall maintain an accurate log of all such calls to the Power Company, and shall
record action taken in each case.
4. The Contractor is required to make arrangements with the TXU Gas and Electric
Utilities/ONCOR Company for the temporary relocation or raising of high voltage lines at the
Contractor's sole cost and expense.
5. No person shall work within six feet of a high voltage line without protection having been taken
as outlined in Paragraph (3).
D-29 TRAFFIC CONTROL: The Contractor shall be responsible for providing traffic control
1 during the execution of this project consistent with the provisions set forth in the "Latest Edition
Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the
authority of the "State of Texas Uniform Act Regulating Traffic on Highways," codified as Article
6701 d Vernon's Civil Statutes, pertinent sections being Section Nos. 27, 29, 30 and 31 and also in
accordance with the following additional requirements:
i 1. The Contractor's attention is directed to Part C, General Conditions, Section C6-6 LEGAL
RELATIONS AND PUBLIC RESPONSIBILTY, paragraph C6-6.8 BARRACADES,
WARNINGS AND WATCHMEN, which requires that the Contractor shall furnish barricades,
flares, etc., for the protection of the public and the work.
2. The cost of the traffic control shall be included in the price bid for other items as bid in
the Proposal, and no other compensation will be allowed.
3. The Contractor shall limit his work within one continuous lane of traffic at a time to minimize
interruption to the flow of traffic.
a
4. Work shall not be performed on certain locations/streets during "peak traffic periods" as
determination by the City Traffic Engineer and in accordance with the applicable provision of
the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work
Part D SC - 9 8n/2oo7
I Areas."
4
When work activities are located in or near high traffic areas or when specifically directed by the
City, the contractor will be required to obtain a"Street Use Permit" prior to starting work. As part of
the "Street Use Permit" a traffic control plan is required.
When work activities are located in or near a state right-of-way,the Contractor shall comply with all
applicable Texas Department of Transportation regulations.
D-30 PROTECTION OF TREES, PLANTS,AND SOILS:All property along and adjacent to the
' Contractors' operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored
after completion of the work to a condition equal or better than existed prior to start of work.
By ordinance, the Contractor must obtain a permit from the City Forester before any work
(trimming. removal. or root pruning) can be done on trees or shrubs growing on public property
including street rights-of-way and designated alleys. This permit can be obtained by calling the
Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class
II Pruning as described by the National Arborist Association. A copy of these standards can be
obtained by calling the above number. Any damage to public trees due to negligence by the
Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by
the International Society of Arboriculture. Payment for negligent damage to public trees shall be
made to the City of Fort Worth and may be withheld from funds due the Contractor by the City.
D-31 TREE PRUNING:
A. REFERENCES: National Arborist Association's "Pruning Standards for Shade Trees".
B. ROOT PRUNING EQUIPMENT
1. Vibratory Knife
2. Vermeer V-1550RC Root Pruner
C. NATURAL RESOURCES PROTECTION FENCE
1. Steel "T" = Bar stakes, 6 feet long.
2. Smooth Horse-Wire: 14-1/2_gauge (medium gauge) or 12 gauge (heavy gauge).
3. Surveyor's Plastic Flagging: "Tundra" weight, International fluorescent orange or red
color.
4. Combination Fence: Commercially manufactured combination soil separator fabric on
wire mesh backing as shown on the Drawings.
D. ROOT PRUNING
1. Survey and stake location of root pruning trenches as directed by the Engineer.
2. Using the approved specified equipment, make a cut a minimum of 36 inches deep in
order to minimize damage to the undisturbed root zone.
3. Backfill and compact the trench immediately after trenching.
4. Place a 3-foot wide by 4-inch deep cover of mulch over the trench as required by the
Engineer.
5. Within 24 hours, prune flush with ground and backfill any exposed roots due to
construction activity. Cover with wood chips of mulch in order to equalize soil
temperature and minimize water loss due to evaporation.
Part D SC - 10 8/7/2007
3
6. Limit any grading work within conservation areas to 3-inch maximum cut or fill, with no
roots over 1-inch diameter being cut unless cut by hand or cut by specified methods,
equipment and protection.
E. MULCHING: Apply 2-inches to 4-inches of wood chips from trimming or clearing operation
on areas designated by the Engineer.
F. Tree Pruning shall be considered subsidiary to the project contract price.
D-32 TREE REMOVAL:
Trees to be removed shall be removed using applicable methods, including stump and root ball
removal, loading, hauling and dumping. Extra caution shall be taken to not disrupt existing utilities
both overhead and buried. The Contractor shall immediately repair or replace any.damage to
utilities and private property including, but not limited to, water and sewer services, pavement,
fences, walls, sprinkler system piping, etc., at no cost to the Owner. All costs for tree removal,
including temporary service costs, shall be considered subsidiary to the Work Order price and no
additional payment will be allowed.
D-33 PLACING WORK IN SERVICE:Since all work involved is with existing facilities,service of
sanitary sewers shall be maintained at all times.
D-34 WATER USAGE: Water usage by the Contractor for jet-vac trucks shall be taken from
approved fire hydrants via a 2"meter obtained by the Contractor from the Owner. One fire hydrant
wrench will be issued with each 2" meter. The deposit for the 2" meter and fire hydrant wrench is
the responsibility of the Contractor. Only fire hydrant wrenches or open-ended wrenches may be
used on fire hydrant operating nuts.
The amount of deposit for the fire hydrant meter is $1,000.00 (One Thousand Dollars). The
Contractor is responsible to return the meter for reading on a monthly basis. Meter reading fee is
applicable for this project; however, there will be no charge for water usage for the purpose of
sewer line cleaning.
D-35 SPILL PREVENTION AND RESPONSE PLAN: The Contractor shall produce a written
document explaining the spill prevention and response plan(s)to be implemented on this project.
l At a minimum, the submitted spill prevention and response plan shall include contingency plans
addressing sewer back-ups into homes/businesses, including a 24 hour a day response
requirement, sanitary sewer overflows from manholes, and leakage or spill containment during
sewer debris removal or transport. The spill prevention and response plan shall also include
operational procedures, a list of responsible parties and duties, and the notification procedures to
be implemented in case of and emergency spill as defined herein.
Part D SC - 11 8v7/2007
ITEM 0100
r SUMMARY OF WORK
PART1 GENERAL
1.01 SCOPE
' A. The Contractor shall complete the work as specified in the plans and
specifications.
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B. The work is located throughout the City of Fort Worth, Texas. Specific
locations will be defined in the Work Orders provided to the Contractor.
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1.02 WORK COVERED BY CONTRACT DOCUMENTS
A. The work covered by these Contract Documents may consist of the
following items:
1. Assistance with cleaning water plant sedimentation basin sludge
along with sludge removal and disposal.
2. Assistance with cleaning wastewater treatment plant basins, vaults,
wetwells, etc.
2. Assistance with cleaning wastewater collection system, to include
lift station wetwells and meter vaults, along with transportation and
' disposal of collection system debris.
3. Emergency response to sanitary sewer overflows or backups along
with trucking and/or bypass pumping as required.
4. Temporary piping to be utilized with bypass pumping operations.
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B. In the Contract Documents the words "furnish", "install", and"construct'
! shall mean for the contractors to furnish all labor, tools, material, and
miscellaneous items necessary to complete the work as specified and as
K
shown in the drawings.
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C. The scope of work to be completed is defined by the drawings and these
specifications. Any part, appurtenance, or miscellaneous item of work
which is reasonably implied or normally required to make the installation
satisfactorily and completely operable, even if not specifically required by
the drawings and/or specifications, shall be provided by the Contractor at
no additional cost. In general terms,the work consists of furnishing all
labor, materials, equipment,tools, and related items as required to
complete the installation.
D. Comply with applicable building codes and environmental requirements
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Fort Worth Water Department 0100- 1 Summary of Work
1. Comply with city, state, and national codes as a minimum or the
requirements of these documents if more stringent than codes.
2. Comply with city, state, and national environmental requirements.
E. The work to be provided under this Contract is not necessarily limited to
the foregoing descriptions. Accordingly, the Contractor shall thoroughly
study the drawings, the specifications to fully understand the extent of the
work.
1.03 DESCRIPTION OF BID ITEMS
The following descriptions are intended to clarify the nature of the work required for this
project. Each bid item includes all labor, materials, equipment, and incidentals necessary
f to complete the item.
Bid Item 1 — Job Move-In: Contractor shall be compensated for one Job Move-In for
each Work Order submitted by the City to the Contractor. Job Move in price shall
include all materials, equipment, and labor necessary to initiate the work defined within
the Work Order within forty-eight hours (two days) from receipt (See Special Conditions
F Item D-11).
Bid Item 2 — Emergency Job Move-In: Contractor shall be compensated for one
Emergency Job Move-In for each emergency work order submitted by the City to the
Contractor. Emergency Job Move-In price shall include all materials, equipment, and
? labor necessary to arrive on-site and begin the work defined within the emergency Work
Order within ninety minutes (L5 hours) from receipt(See Special Conditions Item D-12).
Bid Item 3 — Jet-Vac-Truck Utilization: Work shall be measured and paid per jet vac-
truck and operator on the site of the work order, per hour utilized. Transportation time to
and from the work order site shall be considered subsidiary to the mobilization (Job
Move-In or Emergency Job Move-In) costs. The Jet-Vac truck shall have a debris tank of
8 cubic yard capacity, a minimum suction blower capacity of 18" Hg, and a pumper with
the capability to produce 80 gpm flowrates and 2,500 psi pressure.
Bid Item 4—Large Jet-Vac Truck Utilization: Work shall be measured and paid per large
jet vac-truck and operator on the site of the work order, per hour utilized. Transportation
time to and from the work order site shall be considered subsidiary to the mobilization
? (Job Move-In or Emergency Job Move-In) costs. The large jet-vac truck shall have a
debris tank of 8 cubic yard capacity, a minimum suction blower capacity of 27"Hg, and a
pumper with the capability to produce 250 gpm flowrates and 2,500 psi pressure.
Bid Item 5 —Tanker Truck Utilization: Work shall be measured and paid per tanker truck
and operator on the site of the work order, per hour utilized. Transportation time to and
from the work order site shall be considered subsidiary to the mobilization (Job Move-In
I
k
Fort Worth Water Department 0100-2 Summary of Work
{
or Emergency Job Move-In) costs. The tanker truck shall have a minimum 5,000 gallon
j tank capacity along with a suction pump with 1,000 gallons per minute capacity.
Bid Item 6 —Waste/Sludge Disposal: Work shall be measured and paid per cubic yard of
all bulk sludge, grit, water plant debris, wastewater collection system debris, removed
and disposed of as part of the completion of the work order. Liquid removed from the
i wastewater collection system and discharged directly back into the wastewater collection
system will receive no direct compensation but will be considered incidental to the jet vac
truck utilization. Work shall be full compensation for all disposal costs. Work to include
providing the City with copies of all manifests and disposal records.
Bid Item 7 and-8 — Bypass Pumping Using Various Size Pumps: Work shall include all
labor, materials, and equipment to install and set up various size pumps and all temporary
flexible piping required in order to bypass wastewater. Price shall be full compensating
for all incidentals necessary to set up various size pumps.
Bid Item 9 — Bypass Pumping D erp ation: Work shall include the labor and materials
required to operate a bypass pumping operation. Bypass pumping shall be monitored at
fall times by a qualified employee of the Contractor knowledgeable in the operation of the
pumping system. Bid price shall be measured and paid per hour of bypass pumping
operation, not including pump setup time, and regardless of pump size.
Bid Item 10 — Temporary Installation of Plugs, 6" — 15" Diameter: Work shall include
the setup, installation, maintenance, and removal of plugs and flow through plugs as
required to restrict or control water and wastewater flows through an area to be bypass
pumped or as a means of controlling flows. Work shall be measured per plug installed
and maintained, for a maximum duration of five calendar days. Plugs installed beyond
five calendar days will be compensated at a multiplier rate of the number of days
installed and maintained divided by five calendar days.
Bid Item 11 —Additional Field Personnel Support: Work shall be measured and paid per
field personnel assigned to the work order, per hour of work performed. It is assumed
that one operator is assigned to each vehicle, and therefore their time is subsidiary to the
hourly rate for that piece of equipment. However, when specifically requested by the
City, Contractor shall provide additional staffing at work order site in order to help
complete the work order in a timely manner.
PART 2 PRODUCTS — Not Applicable
PART 3 EXECUTION - Not Applicable
1
Fort Worth Water Department 0100-3 Summary of Work
i
! Item 0400
i Emergency Bypass Pumping, Piping
Flow Control, and Plugging
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Part 1 — General
Contractor shall be required to set up and bypass pump to locations designated by the
Owner as required in order to perform the work to alleviate emergency conditions.
Part 2— Equipment
Contractor shall be responsible for all equipment for bypass pumping operations,
including pumps, piping, diesel generators, valves, plugs, etc. Delivery and setup of
equipment associated with bypass pumping operations shall be considered incidental
to the price for bypass pumping.
Part 3 - Execution
s 3.1 Bypass Pumping Operation
A. Pumping and bypassing of sewer lines shall not be allowed without prior approval
by the Owner. Prior to the bypass pumping operation by the Contractor, Owner shall
approve of the bypass pumping method, equipment, piping and discharge location. The
pump and bypass lines shall be of adequate capacity and size to handle the flow without
sewage backup occurring to facilities connected to the sewer. Provisions shall be made
at driveways and street crossings to permit safe vehicular travel without interrupting flow
in the bypass system. Under no circumstances will the CONTRACTOR be permitted to
discharge sewage into the environment.
B. When pumping and bypassing is required to avoid potential backups or
surcharging, the CONTRACTOR shall supply all necessary pumps, flexible piping,
conduits, and other equipment to divert the flow of wastewater around the manhole,
junction box, lift station, or treatment plant facility in which work is to be performed. The
bypass system shall be of sufficient capacity to handle existing flow plus additional flow
that may occur during rainfall events. The CONTRACTOR will be responsible for
furnishing the necessary labor and supervision to set up, operate, and maintain the
pumping and bypassing system. If pumping is required on a 24-hour basis, engines and
motors shall be equipped in a manner to keep noise to a minimum.
1
C. Bypass pumping shall be measured and paid per setup for individual size pumps
and on an hourly basis for pump operation. Costs for associated equipment such as
flexible piping, generators, valves, plugs, fuel, etc shall be subsidiary to the unit price for
pump setup and operation.
3.2 Flow Control
When flow in a sewer line is plugged, blocked, or bypassed, sufficient precautions must
be taken to protect the sewer lines from damage that might result from sewer
surcharging. Under no circumstances will overflows be permitted by the
CONTRACTOR. Further precautions must be taken to ensure that sewer flow control
Fort Worth Water Department 400- 1 Bypass Pumping,Flow Control,and Plugging
operations do not cause flooding or damage to public or private property being served
by the sewers involved. The CONTRACTOR shall be solely liable for damages due to
backups, overflows or system bypasses that result from the CONTRACTOR's negligent
work activities related to this project.
3.3 Blocking and/or Plugging
A. Plugging or blocking of sewer line shall not be allowed without pre approval by the
ENGINEER. If approved by the ENGINEER a sewer line plug shall be inserted into the
line upstream of the section being worked. The plug shall be so designed that all or any
portion of the sewage can be released.
B. Pipe plugging shall be measured and paid per plug installed of the various
diameters listed. Price shall include all setup costs, installation, maintenance, and
removal of the plug upon completion of the emergency work.
s
Fort Worth Water Department 400-2 Bypass Pumping,Flow Control,and Plugging
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PERFORMANCE BON]]
Bond No. 105010286
THE STATE OfZ TEsXAS §
COUNTY-OF TARRAN'r
° KNOW ALL MEN BY TT
-]T-.`SE PRESENTS: 'Flint we(I) Ace Pipe Cleaning, Inc..,
Corporatio Travelers Casualty and Surety
a(2) 8f Missouri T_hereinafter called Principal,and(3)Comgany of America ,
a corporation organized and existing under the laws of the State CT and fully authorized to transact business in
the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation
organised and existing under the laws of the State of Texas, hereinafter called Owner, in the penal suns of-
Twenty Four Thousand Nine Hundred Ninety and N01100 ($ 24,990.00 )
Dollars in lawful money of the United States,to be,paid in Fort Werth,Tarrant County, Tox-vi,for the payment of
which suns well and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors,
r
jointly and severally,firmly by these presents.
TI.113 CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain
contract with the City of rort Worth,the Owner,dated the iq th day of A.D.2007,a copy of which is
hereto attached and made a part hereof,for the construction of,
Fort Worth Water Do artment EmemencX Iles onse,Contract
designated as Project No.(s)PRAS-539I20,a copy of which contract is hereby attached,referred to,and made a part
hereof as fully and to tilt same extent as if copied at length herein, such project and construction being hereinafter
referred to as the"work".
NOW•7"IIEREEORH, if the Principal shall well, truly, and faithfully perform the work in accordance witlt
the plans,specifications,and contract documents during the original term thereof,and any extensions thereof which
may be granted by the Owner,with or without notice to the Surety, and if he.sliall satisfy all claims and demands
i incurred under such contract, and shall fully indemnify acid save harmless the Owner from all costs and damages
which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense
i which the Owner may incur in making good any default,then this obligation shall be void;otherwise to remain in full
force and effect.
F-1
7 '
PROVIDED FURTHER, that if ally legal action filed upon this bond, venue small lie in Tarrant County,
State of'fexas.
i
AND MOVIDED FURTHER, that the said Surety, for value received,hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the sane shall in any wise alrect its obligation on this bond, and it
does hereby waive notice of any such change,extension of time,alteration or addition to the terns of the contract or
to the work or to the specifications.
IN WITNESS WHEREOF,this instrument is executed in 8 counterparts each one of which shall be
decmcd an original,this the 19th day of September A.D.,2007,
ATTEST:
Ace Pipe Cleaning, Inc.
!N
(PrInclpal)Secretary BY'
(SEAL) 1509 Sylvania Ct. , Fort Worth, TX 76111
(Address)
Travelers Casualty and Surety
Company of America
BY:
(Atto a -ih- Ct)
(Address) 7 /!� Oscar F. on
Al-l"EST: �- 215 Shuman Boulevard
Naperville, IL60563
( urety)$ (Address)
ina ri. liamato NOTE, mate of Bond must not be prior to date of
(SRAL) Contract
(1) Correct Name of Contractor
(2) A Corporation, a Partnership or an
individual,as case may be
(3) Correct name of Surety
(4) If Contractor is Partnership all Partners
should execute Bond
Witnes is to Surety (5) A true copy of Power of Attorney shall be
215 Shuman Blvd. , Naperville, IL 60563 attached to Bond by Attorney-in-Fact..
(Address) --
F-2
a
�. �f �L
,
, u c ,re
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
TRAVELERS POWER OF ATTORNEY
Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
lSt.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
1
Attorney-In Fact No. 218845 Certificate No.O O 1 7 2 3 9 a J`'t
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and
Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that
the Companies do hereby make,constitute and appoint
Dwight F.Miller,Janice B.Kaplan,Carol F.Tasciotti,Evonne Brown,Adele M.Korczak,Grace Villarreal,Gail Schroeder,Barbara J.Bailey,
Cindy Genslinger,Gina M. Damato,Thomas A. Pictor, Erik Janssens,Jane Bronson, Michael Damewood,Rosemary Muliere,Kathleen M. Anderson
Vaenessa Sims,Luisa Catalano,Marva Miller, ,Thomas N.Tague,Brenda D.Hockberger,Meredith Day,Sarah A.Bibo,Michael A. Clark,Carlina
Jewell,Tara S.Petersen,Todd D.Baraniak,Dale F.Poquette,Oscar F.Rincon,Heather Meyer,Patrick J.Brennan,Jr.,Jennifer Fortier,Moises Alcantar
James P.Fagan,Casey McCarthy,Dana Junk,Amar Patel,Heather J.Meneghetti,Lucy Samuel,Ann Mulder,John C.Redding,Steph Buckner,
Phil Horvath,Grace Lawrence,and David Letcher
of the City of Naperville/Chicago ,State of Illinois their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or penWtted in any actions or pt9ceedings allowed by law.
5th
IN WITNESS WHEREOF,the Companies 0 have caused this instrument to be signed and their corporate seals to be hereto affixed,this
day of July
Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty-Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
GFSU,�� grU•rr yF10.E 4'k \*W..�Ny`G .` INSUq" Jp�(Y A/y0
?QpPoq�J 1` Vynwnq ar 2sy9¢ QO.' •••._ ..........9y°;,• p S� ,$_,,... �\O
a CT riCORPMTED .. m �I° wRA�t m iW:'�ORPORATF 9a 5f a khD
1992 0 i g�`1 fen
_ 'i i 1 z: •^ = HARTFORD, < HARTFOJ:, [�: o=� „SEAI.,:o! •o\SHAL,•'3� �, coNN. c "7!;~r co s•.. .:`Pji6•. ;:ae O=�� afS..�N., '*+:,y a a• t t
i s F 1 a AtN
State of Connecticut By:
City of Hartford ss. Georg Thompson, J-rice President
On this the 5lh day of July 2007 before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,
Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers
Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,and that he,as such,being
authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof,I hereunto set my hand and official seal.
My Commission expires the 30th day of June,2011. ,� y} Marie C.Tetreault,Notary Public
58440-8-06 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
STATE OF ILLINOIS
COUNTY OF KENDALL
r
4
I, Gina M.Damato a Notary Public in and for said County, do hereby
certify that Oscar F.Rincon Attorney-in-Fact, of the:
TRAVELERS CASUALTY&SURETY COMPANY
TRAVELERS CASUALTY&SURETY COMPANY OF AMERICA
FARMINGTON CASUALTY COMPANY
'l SEABOARD SURETY COMPANY
1
UNITED STATES FIDELITY AND GUARANTY COMPANY
ST.PAUL FIRE AND MARINE INSURANCE COMPANY
FIDELITY AND GUARANTY INSURANCE COMPANY
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS,INC.
ST.PAUL GUARDIAN INSURANCE COMPANY
f ST.PAUL MERCURY INSURANCE COMPANY
i Who is personally known to me to be the same person,whose name is subscribed to the foregoing,
l instrument, appeared before me this day in person,and acknowledged that they signed,sealed,and
delivered said instrument for and on behalf of-
TRAVELERS CASUALTY&SURETY COMPANY
TRAVELERS CASUALTY&SURETY COMPANY OF AMERICA
FARMINGTON CASUALTY COMPANY
SEABOARD SURETY COMPANY
UNITED STATES FIDELITY AND GUARANTY COMPANY
ST.PAUL FIRE AND MARINE INSURANCE COMPANY
FIDELITY AND GUARANTY INSURANCE COMPANY
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS,INC.
ST.PAUL GUARDIAN INSURANCE COMPANY
ST.PAUL MERCURY INSURANCE COMPANY
For the uses and purposed therein set forth.
Given under my hand and notarial seal at my office in the City of Naperville in said
County,this 19th day of September A.D.20 09
Notary ublic CreFICIAL SEAL
GINA M. ®MATO
fP Y RMC,STATE OF RMOZ
C05".FMWM 04MM
I
I
f
i
f
� J
f
PAYMENT BQjD
Bond No. 105010286
THE STATE OF TEXAS
COLTNTY OF TARRANT §
KNOW ALL MEN BYTi-TESE PRESENTS: That we (1) Ace Pipe Cleaning, Inc.
Corporation Travelers Casualty and Surety
a(2) of Missour_i... ,hereinafter called Principal,and(3) Company of Amer!ca
a corporation organized and existing under the laws of the State of CT_and fully authorized to transact
business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all
person, firms,and corporations who may furnish materials,for or perform labor upon the building ar improvements
hereinafter referred to in the penal sum or Twenty Four Thousand Nine Hundred Ninety and NO/100
2-4,990.0
(1P�Dollars in lawtul money of the United States, to be paid.in Fort Worth,Tarrant County,Texas, for
the payment of which sum well and truly be made,we hereby bind ourselves,our heirs,executors,administrators and
_successors,jointly and severally,firmly to these presents.
TI-TS CONDITION Ol' THIS OBLIGATION is such that Whereas, the Principal entered into a certain
contract with the City of Fort Worth,the Owner,dated the day of A.D.,
2007,a copy of which is hereto attached and made a part thereof,for the construction of-
Fort Worth Water Department Emergency Response Contract
designated as Project No.(s)PE45-534120,a copy of which contract is hereto attached,referred to and made apart
hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter
rc[crrcd to as the"work",
NOW THCREWORE, the condition of this obligation is such that, if the Principal shall promptly make
payment to all claimants as defined in Article 5160,Revised Civil Statutes of Texas,supplying labor and materials In
the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it
shall remain in full forcc and effect.
THTS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and
material in.thc pro'secution of the work provided for in said Contract,as claimants are defined in said Article 5160,
and all such claimants shall have a direct right of action under the bond as provided in Article-5160 of the Revised
Civil'$tatutcs,
PROVIDL-13 FURTHER,that if any legal action be filed upon this bond,venue shall lie in Tarrant County,
State of Texas,.that tie said Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to.the terms of the contract or to the work to be performed -thereunder or the
specifications accompanying the same shall in any wise affect its obligation on this bond,and it does hereby waive
notice of any such change,extension of time,alteration or addition to the terms of the contract or to the work at to
the specifications.
PROVIDED FURTHER, that no .final settlement between the Owner and the Contractor shall abridge the
right of any,beneficiary hereunder whose claim may be unsatisfied.
IN WITNESS WHEREOF,this instrument is executed in., 8 counterparts each one of which shall be
deemed an original,this the 19th day of September® A.D.,2007.
ATTEST: PRINCIPAL M)
Ace Pipe Cleaning, Inc.
BY:
(Principal)Secretary -
1509..._Sylvania Ct. , Fort Worth, TX 76111
(SEAT,) _-- (Address)
Travelers Casualty and Surety
col2any of America
621
Witness as to principal re
BY,
� ``� lGI C.y-�✓l� (Att ey-i act) 5) Oscar F. Rincon
(Address) �� 215 Shuman Blvd. , ap rville, IL 60563
A1717EST: � -7V (Address)
NOTE: Date of Bond must.not be prior to date of
` Contract
Suref< .
(SEAL) Gina M. Damato (1) Correct Name ofCantractor
(2) A Corporation, a Partnca-ship or an
Individual,as case may be
A P Ai JA J 6"M-4A 0--1— (3) Correct name of Surety
Whn s as to Surety Q (4) If Contractor is 'Partnership all Partners
215 Shuman Blvd'. , Naperville, IL 60563 shouldexecutc Bond
(Address) (5) A true copy of Power of Attorney shall be
attached to Bond by-Attorney-in-Fact
F4
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
TRAVELERS POWER OF ATTORNEY
Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney-In Fact No. 218845 Certificate No.®o 1 7 2 3 9 5 5
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and
Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that
the Companies do hereby make,constitute and appoint
Dwight F.Miller,Janice B.Kaplan,Carol F.Tasciotti,Evonne Brown,Adele M.Korczak,Grace Villarreal,Gail Schroeder,Barbara J.Bailey,
Cindy Genslinger,Gina M. Damato,Thomas A. Pictor, Erik Janssens,Jane Bronson,Michael Damewood,Rosemary Muliere, Kathleen M. Anderso ,
Vaenessa Sims,Luisa Catalano,Marva Miller,,Thomas N.Tague,Brenda D.Hockberger,Meredith Day, Sarah A.Bibo,Michael A. Clark,Carlina J.
Jewell,Tara S.Petersen,Todd D.Baraniak,Dale F.Poquette,Oscar F.Rincon,Heather Meyer,Patrick J.Brennan,Jr.,Jennifer Fortier,Moises Alcant
James P.Fagan,Casey McCarthy,Dana Junk,Amar Patel,Heather J.Meneghetti,Lucy Samuel,Ann Mulder,John C.Redding,Steph Buckner,
Phil Horvath,Grace Lawrence,and David Letcher
of the City of Naperville/Chicago ,State of Illinois their true and lawful Attorney(s)-in-Fact,
3 each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or peanitted in any actions or proceedings allowed by law.
Sth
IN WITNESS WHEREOF,the Compan���)jave caused this instrument to be signed and their corporate seals to be hereto affixed,this
Jul
day of y ZZ
Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company w^� United States Fidelity and Guaranty Company
pASU,� TY ` �Ty F1RE•4Y�, *s•-µ I/( •`x I �1Y A
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�9S Q'RPOR •1 l4.' tip., cP G,D 4
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a HA RD• ° CQ`1M ,R in j� i1Qp y
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State of Connecticut By:
City of Hartford ss. Georg Thompson, jo—ce President
r
On this the Sth day of July 2007 before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,
Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers
Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he, as such,being
authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof,I hereunto set my hand and official seal. W�A a V
My Commission expires the 30th day of June,2011. , �lei Marie C.Tetreault,Notary Public
58440-8-06 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
I
STATE OF ILLINOIS
COUNTY OF KENDALL
I
I, Gina M.Damato a Notary Public in and for said County,do hereby
certify that Oscar F.Rincon Attorney-in-Fact, of the:
TRAVELERS CASUALTY&SURETY COMPANY
3
TRAVELERS CASUALTY&SURETY COMPANY OF AMERICA
FARMINGTON CASUALTY COMPANY
SEABOARD SURETY COMPANY
F
UNITED STATES FIDELITY AND GUARANTY COMPANY
ST.PAUL FIRE AND MARINE INSURANCE COMPANY
FIDELITY AND GUARANTY INSURANCE COMPANY
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS,INC.
ST.PAUL GUARDIAN INSURANCE COMPANY
i ST.PAUL MERCURY INSURANCE COMPANY
i
Who is personally known to me to be the same person,whose name is subscribed to the foregoing,
instrument,appeared before me this day in person,and acknowledged that they signed,sealed,and
delivered said instrument for and on behalf of:
7 TRAVELERS CASUALTY&SURETY COMPANY
Ir TRAVELERS CASUALTY&SURETY COMPANY OF AMERICA
r FARMINGTON CASUALTY COMPANY
SEABOARD SURETY COMPANY
UNITED STATES FIDELITY AND GUARANTY COMPANY
ST.PAUL FIRE AND MARINE INSURANCE COMPANY
FIDELITY AND GUARANTY INSURANCE COMPANY
FIDELITY AND GUARANTY INSURANCE UNDERWRITERS,INC.
ST.PAUL GUARDIAN INSURANCE COMPANY
ST.PAUL MERCURY INSURANCE COMPANY
For the uses and purposed therein set forth.
Given under my hand and notarial seal at my office in the City of Naperville in said
County,this 19th day of September A.D.20 01
,�tv
Notary ,ublic
OFFICIAL S�
MINA M. DAM.A`�O
M(M PUBLI t�C,STATE R M OIS
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::........
=•- �: : .. ' ..�F F. 1'� .E:3 ,: ".. ',._�'.� CERTIFICATENUMBER
HI-00175491401
PRODUCER' THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS
MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
500 WEST MONROE STREET POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
CHICAGO,IL 60661 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
Attn:Contract.ReviewCSS@marsh.com COMPANIES AFFORDING COVERAGE
COMP/WY
27309-ALL.-LINES-06-07 ACE PI A ZURICH AMERICAN INSURANCE COMPANY
INSURED COMPANY
ACE PIPE CLEANING,INC. B
ATTN: HORACE PUGH
! 4000 TRUMAN ROAD COMP NY
KANSAS CITY,MO 64127-2290 C
I COMPANY
i D
-
THIS IS TO CERTIFY THAT pOLIgES OF INSURANCE DESCRIBE HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE PCLICY PERIOD INDICATED.
_ NOTV4ITHSTANDINGANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT UMTH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
! PERTAIN,THE INSURlWCE AFFORDED BY THE POLICIES DESCRIBED HEREN ISSUBJECi TO ALL THE TERM$CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE
LIMITS9�OWJ MAY HAVE BEEN REDUCED BYPAID CLAIMS.
CO
TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE �D�ATE(MMIDDIYY)
ON
LTR DATE(MMIDDlYY) LIMITS
I
1 A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY GL09377201-03 10/31/06 10/31/07
1 GENERAL AGGREGATE $ 2,000,000
s X
PRODUCTS-COMPIOPAGG $ 2,000,000
CLAIMSMADE �OCCUR PERSONAL&ADVINJURY $ 1,000,000
rXER
CONTRACTOR'S EACH OCCURRENCE $ 1,000,000
UDED
FIREDAMAGE(Mycnefire) $ 300,000
JECTAGGREGAT MEDEXP(Anymepersan) $ 10,000BILITY BAP 9377199-03 10/31/06 10/31/07 COIMBINED SNGLE LIMIT $ 1,000,000
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
7
HIRED AUTOS
BODILYIN.AIRY $
NON-OWNED AUTOS (Per accident)
PROPERTYDAMAGE $
GARAGE LIABILITY
AUTO ONLY-EAACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
EXCESS LIABILITY AGGREGATE $
EACH OCCURRENCE $
UMBRELLAFORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
A WORKERS COMPENSATION AND Wt✓9377202-03 WC STATU- OTH-
+ EMPIOYERS'LWBILITY 10/31/06 10/31/07 X TORYLIMITS ER
A VVC4275470-02(MA) 10/31/06 10/31/07 EL EACH ACCIDENT $ 1,000 000
THE PROPRIETOR! '
PARTNERSIEXECUTIVE X INCL EL DISEASE-PC.ICYLIMIT
$ 1,000,000
OFFICERSARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000
) OTHER
I
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
RE: FORT WORTH WATER DEPARTMENT EMERGENCY RESPONSE CONTRACT
CITY OF FORT WORTH IS AN ADDITIONAL INSURED UNDER GENERAL LIABILITY AND AUTOMOBILE LIABILITY,BUT ONLY TO THE EXTENT
REQUIRED BY THEIR WRITTEN CONTRACT WITH THE NAMED INSURED FOR OPERATIONS PERFORMED BY THE NAMED INSURED.
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL �
THROCKMORTON L ENDEAVOR TO MOIL p DAYS WRITTEN NOTICE TO THE
1000
CITY FORT WORTH CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
FORT WORTH,TX 76111 LIABILITYOF ANYKIND UPONTHE INSURER AFFORDING C(WrRAGE.ITS AGENTS OR REPRESENTATIVEA OR THE
ISSUER OF THIS CERTIFICATE.
MARSH USA INC.
.. w
BY: Kevin M.Brogan
I;s _�
PART G-CONTRACT
THE STATE OF TEXAS
§
COUNTY OF TARRANT §
THIS CONTRACT,made and entered into Slektnb@r 191 zoo it
,
by and between the City of Fort Worth, a home-rule municipal corporation located in Tarrant County, Texas, acting
through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed"OWNER",
and AC-e- etpe_
of the City of Kd(Ag'rj Ce , County of T C/V and
1
State of /V11 SSoyri Party of the Second Part, hereinafter termed
"CONTRACTOR".
1
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to
3
be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby
agrees with the said Party of the First Part(Owner) to commence and complete certain improvements described as
follows:
a
FORT WORTH WATER DEPARTMENT EMERGENCY RESPONSE CONTRACT
and all extra work connected therewith, under the terms as stated in the Contract Documents, and at his (their) own
i
proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor,
bonds, insurance, and other accessories and services necessary to complete the said construction, in accordance with
1
all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and
printed or written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed
j by the Owner, each of which has been identified by the endorsement of the Contractor and the Engineers thereon,
together with the Contractor's Written Proposal and the other parts of the Contract Documents hereto attached,
including the Fort Worth Water Department General Contract Documents and General Specifications, all of which
i are made a part hereof and collectively evidence and constitute the entire contract.
V The Contractor hereby agrees to commence work within ten(10) days after the date written notice to do so
shall have been given to him,and to substantially complete same within the time stated in the proposal.
1
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G-1
The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance
with the Proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents
and all approved modifications thereof,and to make payment on account thereof as provided therein.
f IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in sextuplicate in the
year and day first above written.
1
City of Fort Worth,Texas(Owner) ATTEST:
Party of the First Part
By:Z��/.io
Marc Ott,Assistant City Manager Marty Hendrix,City Secretary
E (SEAL)
i
Party of the Second Part -
� aN ?A&�
_�Es' .�b�_��
Contractor
I NESSES:
By:
AIR RECOMM DED �pprov d as Fo ality:
Frank Crumb,P.E.,Director Assistant City tto ey
Water Department
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Documents Required. -for
Waste Hauler'Permit InMectlons
All documents listed below are to be retained in the Waste
Hauler's permanent file.
( ) Apulzcation for Permit: All information filled-in, signed and dated.
{ ) Agreement for Disposal: If disposal is at Village Creek. All
f
information filled-in, signed and dated.
j
1
( ) Current copy of TNRCC Certificate, Sludge Sticker and Registration
Number.
{ ) Current copy of Insurance Certificate for each vehicle.
{ ) Current copy of driver's License.
3 The following items need to be done ke o're the inspection
appointment: '
1. All required stickers 3,inches in height on both sides of truck in
contrasting color:
a. TNRCC Registration Number
b. Sludge Sticker
c. Ft.Worth Registration Number
d. Discharge port labeled`Discharge Part"
e. Current Inspection Sticker
t I f. Current Vehicle Registration Sticker
g. Company name and phone number
ti 2. Vehicle will be loaded over 50% with water,or product during
inspection.
J 3. License plate mounted on vehicle.
15
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CITY OF FORT WORTH WATER DEPARTMENT
PRETREATMENT SERVICES DIVISION
Application For Liquid Waste
Transportation Permit
(Please complete all pages of the application)
1. Name of business
2.* physical address of business
3.* City State ZIP
4. Mailing address of business
S. City State ZIP
A 6. Name of owner
q 7. Manager of operations
$, M= ense# State
.,ggr's giver's lic
9. Business telephone(s)
i0. Fax number
�f 11. Home telephone(s)
12. Emergency notification telepho-ne(s)
13. Name,address,telephone number of corporation/parent company(if applicable)
14. Indicate below all the types of liquid waste to be transported:
{ } Grease Trap Waste ( ) Sand/Grit Trap Waste
( ) Septic Tank Waste(Septage) ( ) Chemical Toilet Waste
1 TCEQ# Expiration Date
NOTE: P.O.Boxes are not acceptable. Must state street address.
Ll; '
• J
15. Within the five years preceding the date of application, have you been convicted of a
misdemeanor or felony that has been punishable by confinement and/or by a fine exceeding
a $500.00 and which directly relates to the duty or responsibility in operating a liquid waste
transportation business? Yes( ) No{ )
°.� Explain If Yes:
p� 16. Do you currently have fines or charges pending from-other municipalities relating to the
liquid waste transportation business? Yes ( ) No ( }
Explain If Yes-
17. Complete the attached "Drivers License List" on Page 3 and "List of Vehicles to be
Permitted" on Page 4. Show all information requested for each driver and vehicle to be
permitted.
18. Total number of vehicles to be permitted today is
19. List below the permitted disposal site(s) to be used by the vehicles on this permit
NJ application. Show name of contact person,address and telephone number for each site...
.20. Please provide COPIES of license and proof of insurance of all vehicles to be used by your
' company.
[� 22. Please provide COPIES of the driver's license of all operators of vehicles to be used by
your company. This information must be updated as drivers change.
1 22. Please provide a COPY of the Texas Commission of Environmental Quality Registration
issued to your company to dispose of waste.
Schedule of Fees: General Fees:
1 Septage charge—$16.09 per 1,000 gallons Permit Fee each vehicle-$300.00
05 Monthly Service Charge-$4.50 Trip Ticket Books-$10.00 each
2
22. Certification Statement: This application is to be signed by the owner of the business, or
r �1 officer of a corporation, after adequate.completion of this form and review by the person
signing below.
"I have examined and am familiar with the information submitted in this application. I
believe that the information submitted is true, accurate and complete. I agree to accept and
to abide by all applicable ordinances and regulations of the City of Fort Worth. I understand
that falsification of any information submitted shall because for termination of the Liquid
Waste Transport Pen-nit. I acknowledge that this permit authorizes the transport of only
those liquid wastes listed above in item 12 and I understand'that no hazardous waste or
industrial waste is to be transported or mixed with liquid waste hauled under this permit.
Any person willfv.ily or negligently violating PERMP!'conditions is subject to a fine of one
thousand dollars ($1,000) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
Further, the CITY may issue Notice of Violation, conduct show cause hearings,revoke this
PERMIT.and initiate legal actions to enforce the Ordinance and PERNOT conditions.
Fi The CITY may invoice the PERM `= for costs incurred for any cleaning, repair, or
replacement work caused by a violation-or discharge, and in the event PERT E=E fails to
�J make payment of any such invoice,the CITY may suspend.Liquid Waste Transport Permit.
I understand that the permit is valid for one year and must be renewed on an annual basis to
maintain a valid permit."-
i,
Signature of Owner/Corporate Officer Date
Please return to:
Fort Worth Water Department
Pretreatment Services Division
C1� 920 Fournier Street
Fort Worth,Texas 76102-8456
Phone: (817)871-8305
Fax: (817)871-8566
jIfyou have questions or need assistance in completing this application, please call (817) 871-8305
3
Please list all vehicle drivers' information.
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