HomeMy WebLinkAboutContract 39514ciry sECR�ARY
CONTRACT Np. 3R51�
SPECIFICATION
AND FORMS OF CONTRACT AND BONDS
For
Cleaning of Digester No 13 at VCWWTP
Project No. WTR-2009-300030
JULY 15, 2009
FORTWORTH
WATER
Prepared By
'ITY OF FORT WORTH, WATER DEPARTMENT
Project No. WTR-2009-300030
Water Department
1000 Throckmorton Street
Fort Worth TX 76102
7.1
11.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
M&C Review
Page 1 of 2
No
M
No
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORT
COUNCIL ACTION: Approved on 9/29/2009
REFERENCE ** 60CLEANING OF DIGESTER
DATE: 9/29/2009 NO.: C-23808 LOG NAME: NO. 13 AT WCWWTP
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize a Contract in the Amount of $85,500.00 with ACE Pipe Cleaning, Inc., for the
Cleaning of Digester No. 13 at Village Creek Wastewater Treatment Plant
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract in the
amount of $85,500.00 with ACE Pipe Cleaning, Inc., for the Cleaning of Digester No. 13 at Village
Creek Wastewater Treatment Plant.
DISCUSSION:
The City of Fort Worth owns and operates Village Creek Wastewater Treatment Plant (VCWWTP),
which is a 166 MGD activated sludge system, comprised of primary, secondary and tertiary
treatment, chlorine disinfection and dechlorination. Liquid treatment processes include screening,
primary settling, activated sludge, secondary clarification, filtration and chlorination.
Digester No. 13 has been in operation since 1986 and was last cleaned in October 2003. In order to
perform the inspection and evaluation of the digester it needs to be empty and clean. Plant personnel
initiated the cleaning in August 2009. Due to the excessive amount of debris inside the digester and a
lack of proper heavy duty equipment to pump and lift it out, plant maintenance personnel have been
unable to successfully perform this task.
This cleaning project includes the removal of all solids, rags, material and wash down water and to be
disposed of properly prior to evaluation.
This project was advertised for bid in the Fort Worth Star-Telea_ ram on July 16, 2009 and July 23, 2009.
On August 6, 2009, the following bids were received.
BIDDER
ACE Pipe Cleaning, Inc.
Veolia ES Industrial Services
Sludge Technology, Inc.
Synagro of Texas -CDR, Inc.
Renda Environmental
Environmental, Inc.
BID
$85,500.00
$89,763.00
$96,750.00
$108,000.00
$177,750.00
$290, 250.00
CONTRACT TIME
50 Calendar Days
In addition to the contract cost, $6,000.00 is provided for project contingencies, $3,000.00 is required
for staff support and inspection by the Water Department.
An M/WBE Waiver was approved due to the presence of negligible subcontracting opportunities.
This project is located in COUNCIL DISTRICT 5.
file://H:\PROJECT FILE\VCWWTP\Digester Cleaning\M&C C-23808.htm 11/11/2009
M&C Review
Page 2 of 2
i
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Water and Sewer Operating Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 539120 0705006 $85.500.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Oriainatinq Department Head: S. Frank Crumb (8207)
Additional Information Contact: Seiavash Mir (8404)
ATTACHMENTS
VCWWTP Digester13Location M_ ap,.pdf
'" file://HAPROJECT FILE\VCWWTP\Digester Cleaning\M&C C-23808.htm 11/11/2009
a
CITY OF FORT WORTH
• CLEANING OF DIGESTER NO. 13
VILLAGE CREEK WASTEWATER TREATMENT PLANT
WATER DEPARTMENT PROJECT NO. WTR-2009-300030
ADDENDUM 1
no July 30, 2009
BID DATE: Thursday, August 6, 2009
Bids should be received by 1:30 PM
Bids will be opened at 2:00 PM
The following additions, deletions, modifications, or clarifications shall be made to the appropriate section of
the plans and specifications and shall become part of the Contract Documents. Bidders will acknowledge receipt
of this Addendum in the space provided on the Bid Form (Part B — Proposal).
an
SPECIFCATIONS
Item Al-1 Modification: NOTICE TO BIDDERS. Revise the first paragraph to read as follows:
- "Sealed proposals for the Cleaning of Digester No. 13 at the Village Creek Wastewater Treatment Plant,
addressed to: CITY OF FORT WORTH
PURCHASING DIVISION
P.O. BOX 17027
FORT WORTH TX 76102
located in the lower level of the Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102,
will be received at the Purchasing Office until 1:30 P.M., on Thursday August 6, 2009, and will be then
publicly opened and read aloud at: 2:00 P.M. in the City Council Chambers."
Item Al-2 Modification: PART B — PROPOSAL (Pages B-1 through B-3). Remove Section PART B —
PROPOSAL and replace with attachment (revised proposal)
NOTE: New proposal changes contract time from 21 calendar days to 50 calendar days
Item Al-3 Deletion: SPECIAL CONDITIONS D-4 PROJECT SIGNS. This paragraph is deleted.
Item AI-4: Modification: 01010 SUMMARY OF WORK. The following changes are made to this Section:
1. In Section 1.0 SCOPE OF WORK, Subsection WORK REQUIRED: Item 1 is deleted.
2. Section 1.03 DESCRIPTION OF WORK. Add the following paragraph:
w "Dewatering material and method is at choice of the contractor. The material that will be
transported to disposal drying bed area, east of the plant may contain up to 50% water or liquids
provided that transportation method does not spill any liquid out side limit of plant. Should any
spilling occur, contractor will be fully responsible for any liquid or water spill on the road while
hauling the material to disposal area."
3. Section 1.06 PAYMENT METHODOLOGY. Add the following at the end of SECTION 01010:
"1.06 PAYMENT METHODOLOGY.
A. Total of Contract. Total cost of contract will be based on the measurement and
calculated volume of material in Digester # 13 at the start of the contract (Notice to
Proceed)
B. Partial Payments. Partial payments will be based on estimated amount transported."
PART B - PROPOSAL
TO: Dale A. Fisseler, P.E
City Manager
Fort worth, Texas
Fort Worth, Texas
PROPOSAL FOR: furnishing of all materials and equipment and labor and all necessary
appurtenances and incidental work to provide a complete and operable project designated as:
City of Fort Worth Water Department
Cleaning of Digester Number 13 at VCWWTP
Project Number WTR-2009-300030
Pursuant to the foregoing Notice to Bidders, the undersigned Bidder, having thoroughly examined the
Contract Documents, including plans, special contract documents and the 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 the labor, equipment and
material, except as specified to be furnished by the City, which is necessary to fully complete the work
as provided in the plans and contract Documents and subject to the inspection and approval of the
Director of the City Water Department of the City of Fort Worth, Texas; and binds himself upon
acceptance of this proposal to execute a contract and furnish an approved Performance Bond, Payment
Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents
for the performing and completing of the said work. Contractor proposes to do the work within the time
stated and for the following sums:
ITEM APPROX DESCRIPTION OF ITEMS WITH
NO. OUANTITY BID PRICES WRITTEN IN WORDS
1. 4,500" CY Removal of all accumulated Material
from digester for a total amount of:
Dollars
and
Total Bid Amount
PRICE PER TOTAL
CUBIC YARD AMOUNT BID
Cents $ 19.00
Dollars &
Cents $ 19.00
$ 85,500
$ 85,500
B-1 (addendum 1)
M
Within ten 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 time set forth, as liquidated damages for ethically and additional work caused thereby. If the
total bid is less than $25,000, the bid bond is waived.
The undersigned bidder certifies that he has been furnished at least one set of the General Contract
Documents and General Specifications for Water Department Projects dated January 1, 1978 and all
addendum thereto, and that he has read and thoroughly understands all the requirements and conditions
of those General Documents and the Specific Contract Documents and appurtenant plans. The
undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors, and employment agency' in either furnishing of referring employee
applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance
No 7278 as amended by City Ordinance No 7400.
The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to
complete the contract within 50 calendar CiayS after beginning construction as set forth in the
written work order to be furnished by the Owner.
State of Residency: (Complete A or B below, as applicable:)
A. The principal place of business of our company is in
the State of Missouri
Non resident bidders in the State of , our principal place of
business, are required to be percent lower than resident bidders by state law.
A copy of the statute is attached.
Non resident bidders in the State of Missouri , our principal place
of business, are not required to underbid resident bidders.
B-2 (addendum 1)
a
B. The principal place of business of our company or our parent company or majority
holder is in the State of Texas.
I (We), acknowledge receipt of the following addenda to the plans and specifications, all of the
provisions and requirements of which have been taken into consideration in preparation of the foregoing
bid:
Addendum No. 1 (Initials)
Addendum No. 2 (Initial
W
MO
Seal
If Bidder is Corporation
Date:�U
Mb
Signature of Principal
V. P.
Title or Position
ACE Pipe Cleaning
Contractor
1509 Sylvania Ct
Street
Fort Worth TX 76111
City, State Zip
817-3321115
Telephone Number
B-3 (addendum 1)
SPECIFICATION
AND FORMS OF CONTRACT AND BONDS
For
Cleaning of Digester No 13 at VCWWTP
--. Project No. WTR-2009-300030
JULY 159 2009
FORTWORTH
WATER
Prepared By
CITY OF FORT WORTH, WATER DEPARTMENT
Project No. WTR-2009-300030
OF
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DAVID R. TOWNSEND
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58737
Water Department
1000 Throckmorton Street
Fort Worth TX 76102
SPECIFICATION
AND FORMS OF CONTRACT AND BONDS
For
Cleaning of Digester No 13 at VCWWTP
Project No. WTR-2009-300030
JULY 15, 2009
FORTWORTH
WATER
Prepared By
CITY OF FORT WORTH, WATER DEPARTMENT
Project No. WTR-2009-300030
Water Department
1000 Throckmorton Street
Fort Worth TX 76102
..
Cleaning of Digester No 13 at VCWWTP
Table of Content
Notice to Bidders
A
Special Instruction to Bidders.
A
Proposal
B
Minority & Business Enterprise Specification
B
General Condition
C
Supplementary Condition
CS
Special Condition
D
Technical Specification
E
Insurance & Bonds
F
Contract
G
I"
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Im
6.
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NOTICE TO BIDDERS
Sealed proposals for the Cleaning of Digester No. 13 at The Village Creek WWTP, will
be received at the office of the Purchasing Manager until 1:30 P.M., Thursday, August 6,
2009, and then publicly opened and read aloud at 2:00 P.M.
Plans and specifications may be obtained at Water Department, 1000 Throckmorton
Street, 2°d FL Citv Hall, Fort Worth, Texas, 76102, phone 817-392-8220, No cost to
the contractor.
General Contract Documents and General Specifications for Water Departmenrt 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, 2nd FL, 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 July 28, 2009 at Village Creek
Wastewater Treatment Plant Conference Room, 4500 Wilma Lane. Arlington Texas
76012. 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 817-392-8404.
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 Mr.
Seiavash, Mir, at 817-392-8404.
Advertising Dates:
July 16, 2009
July 23, 2009
FORT WORTH
City of Fort Worth
Minority and Women Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR BIDDERS
APPLICATION OF POLICY
If the total dollar value of the contract is $26,000 or more, the M/WBE goal is applicable.
If the total dollar value of the contract is less than $25,000, the M/WBE goal is not applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business
Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements
and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid.
M/WBE PROJECT GOALS
The City's M/WBE goal on this project is _0 1/6 of the total bid (Base bid applies to Parks and Community Services).
COMPLIANCE TO BID SPECIFICATIONS
On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by
either of the following:
1. Meet or exceed the above stated MfWBE goal, or
2. Good Faith Effort documentation, or;
3. Waiver documentation, or;
4. Joint Venture.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Managing Depa1ment. within the following times allocated, in order
for the entire bid to be considered responsive to the speci€icMions. Tho- OI'fercr shall deliver the WKSE documentation
�r per: on ro the appropnnte employee of the .ma Paging daps rtrn cam ar-d-obtair, a datertime receipt. Such receipt shall
be _v-.-Jeice that the COy reoeived the documentation in t7e tiers allocated. A Faxed copy will not be accepled.
1. Subcontractor Utilization Form, if goal is
met or exceeded:
2. Good Faith Effort and Subcontractor
Utilization Form, if participation is less than
stated goal:
3. Good Faith Effort and Subcontractor
Utilization Form, if no M/WBE participation:
4. Prime Contractor Waiver Form, if you will
perform all subcontracting/supplier work:
5. Joint Venture Form, if utilize a joint venture
to met or exceed goal.
received by 5:00 p.m., five (5) City business days after the bid
opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) City business days after the bid
opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) City business days after the bid
opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) City business days after the bid
opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) City business days after the bid
opening date, exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S MNVBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED
NON -RESPONSIVE TO SPECIFICATIONS
Any questions, please contact the M/WBE Office at (817) 392-6104.
Rev. 1111105
SPECIAL INSTRUCTIONS TO BIDDERS
(February 15, Z006)
1. PREOUALIFICATION REOUIREMENTS. All contractors submitting bids, are
required to be pre -qualified by the Fort Worth Water Department prior to submitting
bids. This pre -qualification process will establish a bid limit based on technical
evaluation and financial analysis of the contractor. It is the bidder's responsibility to
submit the following documentation: a current financial statement, an acceptable
equipment schedule, names and addresses of each individual or business entity
owning 10% or more of the bidding entity, and any other documents the Department
may deem necessary, to the Director of the Water Department or his designated
representative, at least seven O calendar days prior to the date of the opening of bids.
a) COVER LETTER. The cover letter provided by the prospective bidder
with the pre -qualification information must include the following
information:
• Contact person (for additional information) if other than individual
who signed the cover letter
• If the bidder intends to submit a bid within thirty (30) days from the
date that the pre -qualification request is submitted to the City, a
statement as to the project to be bid and the date that the bids are
scheduled to be opened.
b) FINANCIAL STATEMENT. The financial statement required shall have
been 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 bidding
date falls within the time a new statement is being prepared, the previous
statement shall be updated by proper verification.
c) EXPERIENCE RECORD. 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 projects that were completed no more than 5 years prior to the
date on which bids will be received. A minimum of three references must
be included. References must include a contact person name, telephone
number, project name and total cost, and type of work done (Utility
contractor shall list pipe size and pipe linear footage).
d) EQUIPMENT SCHEDULE. The prospective bidder shall list the
equipment that the Contractor has available for the project and list the
equipment that Contractor will rent as may be required to complete the
project on which the Contractor submits a bid.
A-2
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
expiration date for pre -qualification will be established as 15 months after the date of the
financial statement. The experience record will be reviewed and verified at the same time.
The following conditions will apply:
a) The Director of the Water Department shall be the sole judge as to the
acceptability for financial and experience qualification 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
experience and/or expertise.
d) Any proposals submitted by a non pre -qualified bidder shall be returned
unopened, and if inadvertently opened, shall not be considered.
e) The City will attempt to notify prospective bidders whose qualifications
(financial or experience) are not deemed to be appropriate to the nature
and/or magnitude of the project on which bids are to be received. Failure
to notify shall not be a wavier of any necessary pre -qualification.
For additional information contact John Kasavich, Fort Worth Water Department at (817)
392- 8480 (FAX 817-392-8195). Pre -qualification submittal should be sent to:
John Kasavich
Fort Worth Water Department
1000 Throckmorton
Fort Worth, TX 76102-6212
2. BID SECURITY. A cashier's check, or an acceptable bidder's bond, payable to the
City of Fort Worth, in the amount of not less than five (5%) percent of the largest
possible total of the bid submitted must accompany the bid, and is subject to
forfeiture in the event the successful bidder fails to execute the Contract Documents
within ten (10) days after the contract has been awarded. To be an acceptable surety
on the bid bond, the surety must be licensed to do business in the State of Texas. In
addition, the surety must (1) hold a certificate of authority from the United States
Secretary of the Treasury to qualify as a surety on obligations permitted or required
under federal law; or (2) have obtained reinsurance for any liability in excess of
$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of
Texas and is the holder of a certificate of authority from the Untied States Secretary
of the Treasury to qualify as a surety on obligations permitted or required under
federal law. Satisfactory proof of any such reinsurance shall be provided to the City
upon request. The City, in its sole discretion, will determine the adequacy of the proof
required herein.
3. CONFLICT OF INTEREST DISCLOSURE REQUIREMENT. Pursuant to Chapter
176 of the Local Government Code, any person or agent of a person who contracts or
seeks to contract for the sale or purchase of property, goods, or services with a local
governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire
Form CIQ ("Questionnaire") the person's affiliation or business relationship that
might cause a conflict of interest with the local governmental entity. By law, the
Questionnaire must be filed with the Fort Worth City Secretary no later than seven
days after the date the person begins contract discussions or negotiations with the
City, or submits an application or response to a request for proposals or bids,
correspondence, or another writing related to a potential agreement with the City.
Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaire Form CIQ can be found in the contract documents. The
form is also available at httn://www.ethics.state.tx.us/forms/CIO.i)df.
If you have any questions about compliance, please consult your own legal counsel.
Compliance is the individual responsibility of each person or agent of a person who is
subject to the filing requirement. An offense under Chapter 176 is a Class C
misdemeanor.
4. BONDS. A performance bond, a payment bond, and a maintenance bond each for one
hundred (100%) percent of the contract price will be required. Reference C3-3.7.
5. WAGE RATES. Not less that 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.
6. 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.
7. BIDDER LICENSE: Prior to the award of contract to an out-of-state bidder, the
bidder shall be licensed to do business in the State of Texas. For licensing procedures,
contact the Texas Secretary of State Offices (Telephone Number 1-512-463-5555 or
1-900-263-0060)
8. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statues,
the City of Fort Worth will not award this contract to a nonresident bidder unless the
nonresident's bid is lower that the lowest bid submitted by a Texas resident bidder by
the same amount that a Texas resident would be required to underbid a nonresident
bidder to obtain a comparable contract in the state in which the nonresident's
principal place of business is located.
"Nonresident bidder" means a bidder whose principal place of business is not in this
state, but excludes a contractor whose ultimate parent company or majority owner has
a place of business in the State of Texas.
This provision does not apply if this contract involves federal funds.
V.
The appropriate blanks of the Proposal must be filled out by all nonresident bidders in
order for the bid to meet specifications. The failure of a nonresident contractor to do
so will automatically disqualify that bidder.
_ 8. PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be
paid within forty-five (45) days after the completion and acceptance by the City.
9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal
Government, Contractor covenants that neither it nor any of its officers, members,
agents, employees, program participants or subcontractors, while engaged in
performing this contract, shall, in connection with the employment, advancement or
discharge of employees or in connection with the terms, conditions or privileges of
their employment, discriminate against persons because of their age except on the
basis of a bona fide occupational qualification, retirement plan or statutory
requirement.
Contractor further covenants that neither it nor its officers, members, agents,
employees, subcontractors, program participants, or persons acting on their behalf,
shall specify, in solicitations or advertisements for employees to work on this
contract, a maximum age limit for such employment unless the specified maximum
age limit is based upon a bona fide occupational qualification, retirement plan or
statutory requirements.
Contractor warrants it will fully comply with the policy and will defend, indemnify
and hold City harmless against any claims or allegations asserted by third parties or
subcontractors against the City arising out of the Contractor's and/or its
subcontractors' alleged failure to comply with the above referenced Policy concerning
age discrimination in the performance of the contract.
10. DISABILITY: In accordance with 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 the Contractor or any of its
subcontractors. Contract warrants it will fully comply with ADA's provision and any
other applicable Federal, State, and local laws concerning disability and will defend,
indemnify and hold harmless against any claims or allegations asserted by third
parties or subcontractors against the City arising out of the Contractor's and/or its
subcontractors' alleged failure to comply with the above referenced Policy concerning
disability discrimination in the performance of this contract.
11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of
Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the
participation of minority business enterprises and women business enterprises in City
contracts. A copy of the Ordinance can be obtained from the Office of the City
Secretary. The bidder shall submit the MBE/WBE SUBCONTRACTOR/SUPPLIER
UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the
A-6
GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT
VENTURE FORM as appropriate. The Documentation must be received by the
managing department no later than 5:00 p.m, five (5) City business days after the bid
opening date. The bidder shall obtain a receipt from the appropriate employee of the
managing department to whom delivery was made. Such receipt shall be evidence
that the documentation was received by the City. Failure to comply shall render the
bid non -responsive.
Upon request, Contractor agrees to provide the Owner complete and accurate
information regarding actual work performed by a minority business enterprise
(MBE) and/or women business enterprise (WBE) on the contract and payment
thereof. Contractor further agrees to permit any audit and/or examination of any
books, records or files in its possession that will substantiate the actual work
performed by an MBE and/or WBE. The misrepresentation of facts (other than a
negligent misrepresentation) and/or commission of fraud by the Contractor will be
grounds for termination of the contract and/or initiating action under appropriate
Federal, State or local laws or ordinances relating to false statements. Further, any
such misrepresentation facts (other than a negligent misrepresentation) and/or
commission of fraud will result in the Contractor being determined to be irresponsible
and barred from participating in City work for a period of time of not less that three
(3) years.
12. ADDENDA: Bidders wanting further information, interpretation or clarification of
the contract documents must make their request in writing to the Fort Worth Water
Department Engineering Services, at least 96 hours prior to bid opening. Answers to
all such requests will be bound and made a part of the Contract Documents. No other
explanation or interpretation will be considered official or binding. Should a bidder
find discrepancies in, or omissions from, the Contract Documents, or should the
bidder be in doubt as to their meaning, the bidder should at once notify the Fort
Worth Water Department Engineering Services, in order that a written addendum may
be sent to all bidders. Any addenda issued will be mailed or be delivered to each
prospective bidder. The bid proposal as submitted by the bidder must be so
constructed as to include any addenda issued by the Fort Worth Water Department,
prior to 24 hours of the opening of bids with appropriate recognition of addenda so
noted in the bid proposal.
a -
PART B - PROPOSAL
TO: Dale A. Fisseler, P.E
City Manager
Fort worth, Texas
Fort Worth, Texas
PROPOSAL FOR: furnishing of all materials and equipment and labor and all
necessary appurtenances and incidental work to provide a complete and operable project
designated as:
City of Fort Worth Water Department
Cleaning of Digester Number 13 at VCWWTP
Project Number WTR-2009-300030
Pursuant to the foregoing Notice to Bidders, the undersigned Bidder, having thoroughly
examined the Contract Documents, including plans, special contract documents and the
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 the labor, equipment and material, except as
specified to be furnished by the City, which is necessary to fully complete the work as
provided in the plans and contract Documents and subject to the inspection and approval
of the Director of the City 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:
TOTAL
ITEM APPROX DESCRIPTION OF ITEMS WITH AMOUNT
NO. OUANTITY BID PRICES WRITTEN IN WORDS BID
1. 1 LS Removal of all accumulated Material from
digester and clean per Specification, for a total
amount of.
and
Dollars
Cents/L.S.
B-1
Within ten 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 time set forth, as liquidated damages for ethically
and additional work caused thereby. If the total bid is less than $25,000, the bid bond is
waived.
The undersigned bidder certifies that he has been furnished at least one set of the General
Contract Documents and General Specifications for Water Department Projects dated
January 1, 1978 and all addendum thereto, and that he has read and thoroughly
understands all the requirements and conditions of those General Documents and the
Specific Contract Documents and appurtenant plans. The undersigned assures that its
employees and applicants for employment and those of any labor organization,
subcontractors, and employment agency in either furnishing of referring employee
applicants to the undersigned are not discriminated against as prohibited by the terms of
City Ordinance No 7278 as amended by City Ordinance No 7400.
The Bidder agrees to begin construction within 10 calendar days after issue of the work
order, and to complete the contract within 21 calendar days after beginning
construction as set forth in the written work order to be furnished by the Owner.
State of Residency: (Complete A or B below, as applicable:)
t A. The principal place of business of our company is in
the State of
Non resident bidders in the State of , our principal place of
business, are required to be percent lower than resident bidders by state law.
A copy of the statute is attached.
Non resident bidders in the State of , our principal place
.t
of business, are not required to underbid resident bidders.
B. The principal place of business of our company or our parent company or majority
holder is in the State of Texas.
B-2
I (We), acknowledge receipt of the following addenda to the plans and specifications, all
of the provisions and requirements of which have been taken into consideration in
preparation of the foregoing bid:
__. Addendum No. I (Initials)
Addendum No. 2 (Initials)
Signature of Principal
Title or Position
Contractor
Street
City, State Zip
Seal
If Bidder is Corporation
Date: Telephone Number
B-3
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PART C - GENERAL CONDITIONS
TABLE OF CONTENTS
NOVEMBER 1, 1987
TABLE OF CONTENTS
C1-1
DEFINITIONS
C1-1 (1)
C1-1.1
Definition of Terms
C1-1 (1)
C 1-1.2
Contract Documents
Cl-1 (2)
C1-1.3
Notice to Bidders
C1-1 (2)
C1-1.4
Proposal
C1-1 (2)
C1-1.5
Bidder
C1-1 (2)
C 1-1.6
General Conditions
Cl-1 (2)
C 1-1.7
Special Conditions
Cl-1 (2)
C 1-1.8
Specifications
Cl-1 (2)
C1-1.9
Bonds
C1-1 (2)
C1-1.10
Contract
C1-1 (3)
C1-1.11
Plans
Cl-1 (3)
C1-1.12
City
C1-1 (3)
C1-1.13
City Council
C1-1 (3)
C1-1.14
Mayor
C1-1 (3)
CI-1.15
City Manager
C1-1 (3)
C1-1.16
City Attorney
C1-1 (3)
C1-1.17
Director of Public Works
C1-1 (3)
C1-1.18
Director, City Water Department
C1-1 (3)
C1-1.19
Engineer
C1-1 (3)
C1-1.20
Contractor
C1-1 (3)
C1-1.21
Sureties
C1-1 (4)
C1-1.22
The Work or Project
C1-1 (4)
C1-1.23
Working Day
C1-1 (4)
C1-1.24
Calendar Days
Cl-1 (4)
C 1-1.25
Legal Holidays
Cl-1 (4)
C 1-1.26
Abbreviations
Cl-1 (4)
C1-1.27
Change Order
C1-1 (5)
C 1-1.28
Paved Streets and Alleys
Cl-1 (5)
C 1-1.29
Unpaved Streets or Alleys
Cl-1 (6)
C1-1.30
City Street
C1-1 (6)
C1-1.31
Roadway
C1-1 (6)
C1-1.32
Gravel Street
C1-1 (6)
C2-2
INTERPRETATION AND PREPARATION
OF PROPOSAL
C2-2.1
Proposal Form
C2-2 (1)
C2-2.2
Interpretation of Quantities
C2-2 (1)
C2-2.3
Examination of Contract Documents and Site of Project
C2-2 (2)
C2-2.4
Submitting. of Proposal
C2-2 (2)
(1)
Tw
C2-2.5
Rejection of Proposals
C2-2 (3)
C2-2.6
Bid Security
C2-2 (3)
,wr
C2-2.7
Delivery of Proposal
C2-2 (3)
C2-2.8
Withdrawing Proposals
C2-2 (3)
C2-2.9
Telegraphic Modifications of Proposals
C2-2 (3)
�*
C2-2.10
Public Opening of Proposal
C2-2 (4)
C2-2.11
Irregular Proposals
C2-2 (4)
C2-2.12
Disqualification of Bidders
C2-2 (4)
C3-3
AWARD AND EXECUTION OF DOCUMENTS:
C3-3.1
Consideration of Proposals
C3-3 (1)
C3-3.2
Minority Business Enterprise/Women Business
C3-3 (1)
Enterprise Compliance
C3-3.3
Equal Employment Provisions
C3-3 (1)
C3-3.4
Withdrawal of Proposals
C3-3 (1)
C3-3.5
Award of Contract
C3-3 (2)
C3-3.6
Return of Proposal Securities
C3-3 (2)
C3-3.7
Bonds
C3-3 (2)
C3-3.8
Execution of Contract
C3-3 (3)
C3-3.9
Failure to Execute Contract
C3-3 (3)
C-3-3.10
Beginning Work
C3-3 (4)
rr•
C3-3.11
Insurance
C3-3 (4)
C3-3.12
Contractor's Obligations
C3-3 (6)
C3-3.13
Weekly Payrolls
C3-3 (6)
C3-3.14
Contractor's Contract Administration
C3-3 (6)
C3-3.15
Venue
C3-3 (7)
C44
SCOPE OF WORK
C4-4.1
Intent of Contract Documents
C44 (1)
C4-4.2
Special Provisions
C44 (1)
C4-4.3
Increased or Decreased Quantities
C44 (1)
C4-4.4
Alteration of Contract Documents
C44 (2)
C4-4.5
Extra Work
C44 (2)
C4-4.6
Schedule of Operation
C44 (3)
C4-4.7
Progress Schedules for Water and Sewer Plant Facilities
C44 (4)
C5-5
CONTROL OF WORK AND MATERIALS
C5-5.1
Authority of Engineer
C5-5 (1)
C5-5.2
Conformity with Plans
C5-5 (1)
C5-5.3
Coordination of Contract Documents
C5-5 (1)
C5-5.4
Cooperation of Contractor
C5-5 (2)
C5-5.5
Emergency and/or Rectification Work
C5-5 (2)
*k
C5-5.6
Field Office
C5-5 (3)
C5-5.7
Construction Stakes
C5-5 (3)
r.
(2)
RM
_
C5-5.8
Authority and Duties of City Inspector
C5-5 (3)
C5-5.9
Inspection
C5-5 (4)
C5-5.10
Removal of Defective and Unauthorized Work
C5-5 (4)
C5-5.11
Substitute Materials or Equipment
C5-5 (4)
C5-5.12
Samples and Tests of Materials
C5-5 (5)
C5-5.13
Storage of Materials
C5-5 (5)
C5-5.14
Existing Structures and Utilities
C5-5 (5)
C5-5.15
Interruption of Service
C5-5 (6)
C5-5.16
Mutual Responsibility of Contractors
C5-5 (7)
C5-5.17
Clean -Up
C5-5 (7)
C5-5.18
Final Inspection
C5-5 (8)
C6-6
LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
C6-6.1
Laws to be Observed
C6-6 (1)
C6-6.2
Permits and Licenses
C6-6 (1)
C6-6.3
Patented Devices, Materials, and Processes
C6-6 (1)
C6-6.4
Sanitary Provisions
C6-6 (1)
C6-6.5
Public Safety and Convenience
C6-6 (2)
C6-6.6
Privileges f Contractor in Streets, Alleys,
C6-6 (3)
and Right -of -Way
C6-6.7
Railway Crossings
C6-6 (3)
C6-6.8
Barricades, Warnings and Flagmen
C6-6 (3)
C6-6.9
Use of Explosives, Drop Weight, Etc.
C6-6 (4)
C6-6.10
Work Within Easements
C6-6 (5)
C6.6.11
Independent Contractor
C6-6 (6)
C6-6.12
Contractor's Responsibility for Damage Claims
C6-6 (6)
C6-6.13
Contractor's Claim for Damages
C6-6 (8)
C6-6.14
Adjustment or Relocation of Public Utilities, Etc.
C6-6 (8)
C6-6.15
Temporary Sewer and Drain Connections
C6-6 (8)
C6-6.16
Arrangement and Charges for Water Furnished by the City
C6-6 (9)
C6-6.17
Use of a Section or Portion of the Work
C6-6 (9)
C6-6.18
Contractor's Responsibility for the Work
C6-6 (9)
C6-6.19
No Waiver of Legal Rights
C6-6 (9)
C6-6.20
Personal Liability of Public Officials
C6-6 (10)
C6-6.21
State Sales Tax
C6-6 (10)
C7-7
PROSECUTION AND PROGRESS
C7-7.1
Subletting
C7-7 (1)
C7-7.2
Assignment of Contract
C7-7 (1)
C7-7.3
Prosecution of The Work
C7-7 (1)
C7-7.4
Limitation of Operations
C7-7 (2)
C7-7.5
Character of Workmen and Equipment
C7-7 (2)
C7-7.6
Work Schedule
C7-7 (3)
C7-7.7
Time of Commencement and Completion
C7-7 (3)
C7-7.8
Extension of Time Completion
C7-7 (3)
(3)
C7-7.9
Delays
C7-7 (4)
C7-7.10
Time of Completion
C7-7 (4)
C7-7.11
Suspension by Court Order
C7-7 (5)
C7-7.12
Temporary Suspension
C7-7 (5)
C7-7.13
Termination of Contract due to National Emergency
C7-7 (6)
C7-7.14
Suspension or Abandonment of the Work
C7-7 (6)
and Annulment of the Contract:
C7-7.15
Fulfillment of Contract
C7-7 (8)
C7-7.16
Termination for Convenience of the Owner
C7-7 (8)
C7-7.17
Safety Methods and Practices
C7-7 (11)
C8-8
MEASUREMENT AND PAYMENT
C8-8.1
Measurement Of Quantities
C8-8 (1)
C8-8.2
Unit Prices
C8-8 (1)
C8-8.3
Lump Sum
C8-8 (1)
C8-8.4
Scope of Payment
C8-8 (1)
C8-8.5
Partial Estimates and Retainage
C8-8 (2)
ow
C8-8.6
Withholding Payment
C8-8 (3)
C8-8.7
Final Acceptance
C8-8 (3)
C8-8.8
Final Payment
C8-8 (3)
FM
C8-8.9
Adequacy of Design
C8-8 (4)
C8-8.10
General Guaranty
C8-8 (4)
C8-8.11
Subsidiary Work
C8-8 (4)
VW
C8-8.12
Miscellaneous Placement of Material
C8-8 (4)
C8-8.13
Record Documents
C8-8 (4)
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PART C - GENERAL CONDITIONS
Cl-1 DEFINITIONS
SECTION C1-1 DEFINITIONS
C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the
following terms or pronouns in place of them are used, the intent and meaning shall be
understood and interpreted as follows:
C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are in all of the written
and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern
the terms and performance of the contract. These are contained on the General Contract
" Documents and the Special Contract Documents.
a. GENERAL CONTRACT DOCUMENTS: The General Contract
Documents govern all Water Department Projects and Include the
following Items
PART A - NOTICE TO BIDDERS
(Sample)
White
PART B - PROPOSAL
(Sample)
White
,,. PART C - GENERAL CONDITIONS
(CITY)
Canary Yellow
(Developer)
Brown
PART D - SPECIAL CONDITIONS
Green
PART E - SPECIFICATIONS
El -White
E2-Golden Rod
E2A- White
+ PERMITS/EASEMENTS
Blue
PART F - BONDS
(Sample)
White
PART G - CONTRACT
(Sample)
White
b. SPECIAL CONTRACT DOCUMENTS: The
Special Contract
Documents are prepared for each specific
project as a supplement to the
General Contract Documents and include the following items:
PART A - NOTICE TO BIDDERS (Advertisement) same as above
PART B - PROPOSAL (Bid)
PART C - GENERAL CONDITIONS
PART D - SPECIAL CONDITIONS
PART E - SPECIFICATIONS
PERMITS/EASEMENTS
PART F - BONDS
PART G - CONTRACT
PART H - PLANS (Usually bound separately)
C1-1 (1)
rq
C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published
in public advertising mediums or furnished direct to interested parties pertaining to the
work contemplated under the Contract Documents constitutes the notice to bidders.
am
C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to
perform the work which the Owner desires to have done, together with the bid security,
constitutes the Proposal, which becomes binding upon the Bidder when it is officially 'r
received by the Owner, has been publicly opened and read and not rejected by the Owner.
C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, wo
corporation, acting directly or through a duly authorized representative, submitting a
proposal for performing the work contemplated under the Contract Documents, NOW
constitutes a bidder.
C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction
and contract requirements which govern the performance of the work so that it will be
carried on in accordance with the customary procedure, the local statutes, and
requirements of the City of Fort Worth's charter and promulgated ordinances.
Whenever there may be a conflict between the General Conditions and the Special
Conditions, the latter shall take precedence.. .a
CI-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements
which are necessary for the particular project covered by the Contract Documents and not fts
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 UM
the project.
C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract MW
Documents which set forth in detail the requirements which must be met by all materials,
construction, workmanship, equipment and services in order to render a completed an
useful project. Whenever reference is made to standard specifications, regulations, #'
requirements, statutes, etc., such referred to documents shall become a part of the
Contract Documents just as though they were embodied therein.
4
C1-1.9 BONDS: The bond or bonds are the written guarantee or security furnished by
the Contractor for prompt and faithful performance of the contract and include the ,s
following:
a. Performance Bond (see paragraph C3-3.7) ,..
b. Payment Bond (see paragraph C3-3.7)
C. Maintenance Bond (see paragraph C3-3.7)
d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and we
C2-2.6)
1W
C1-1 (2)
1W
C1-1.10 CONTRACT: The Contract is a formal signed agreement between the owner
and the Contractor covering the mutual understanding of the two contracting parties about
the project to be completed under the Contract Documents.
C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the
Owner's representative showing in detail the location, dimension and position of the
various elements of the project, including such profiles, typical cross -sections, layout
diagrams, working drawings, preliminary drawings and such supplemental drawings as
the Owner may issue to clarify other drawings or for the purpose of showing changes in
the work hereinafter authorized by the Owner. The plans are usually bound separately
from the other parts of the Contract Documents, but they are part of the Contract
Documents just as though they were bound therein.
C1-1.12 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 the Contracts involving the City of Fort Worth is
by Charter vested in the City Manager. The terms City and Owner are synonymous.
C1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of
... Fort Worth, Texas.
C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem
— of the City of Fort Worth, Texas.
C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of
1W the City of Fort Worth, Texas, or his duly authorized representative.
C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort
i' Worth, Texas, or his duly authorized representative.
C1-1.17 DIRECTOR OF PUBLIC WORKS: The officially appointed official of the City
of Fort Worth, Texas, referred to in the charter as the City Engineer, or his duly
authorized representative.
C1-1.18 DIRECTOR, CITY WATER DEPARTMENT: The officially appointed
Director of the City Water Department of the City of Fort Worth, Texas, or his duly
authorized representative, assistant, or agents.
C1-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth
City Water Department, or their duly authorized assistants, agents, engineers, inspectors,
or superintendents, acting within the scope of the particular duties entrusted to them.
C1-1.20 CONTRACTOR: The person, person's, partnership, company, firm, association,
or corporation, entering into a contract with the Owner for the execution of work, acting
C1-1 (3)
directly or through a duly authorized representative. A sub -contractor is a person, firm, �-
corporation, supplying labor and materials or only labor, for the work at the site of the
project.
C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds as are
required with and for the Contractor. The sureties engaged are to be fully responsible for
the entire and satisfactory fulfillment of the Contract and for any and all requirements as
set forth in the Contract Documents and approved changes therein.
C 1-1.22 THE WORK OR PROJECT: The completed work contemplated in and
covered by the Contract Documents, including but not limited to the fixrnishing of all
labor, materials, tools, equipment, and incidentals necessary to produce a completed and
serviceable project.
C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Wr
Saturdays, Sundays, and legal holidays, in which weather or other conditions not under
the control of the Contractor permit the performance of the principal unit of work for a
period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions We
as permitted in paragraph C7-7.6
C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days
being excepted.
C1-1.25: LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the
City Council of the City of Fort Worth for observance by City employees as follows:
1.
New Year's day
January 1
2.
M.L. King, Jr. Birthday
Third Monday in January
3.
Memorial Day
Last Monday in May
4.
Independence Day
July 4
5.
Labor Day
First Monday in September
6.
Thanksgiving Day
Fourth Thursday in November
7.
Thanksgiving Friday
Forth Friday in November
8.
Christmas Day
December 25
9.
Such other days in lieu of holidays as
09
the City Council may determine
When one of the above named holidays or a special holiday is declared by the City
Council, falls on a Saturday, the holiday shall be observed on the preceding Friday, or if it
falls on Sunday, it shall be observed on the following Monday, by those employees
working on working day operations. Employees working calendar day operations will �.
consider the calendar as the holiday.
C1-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the
Contract Documents, the intent and meaning shall be as follows:
C1-1 (4)
Imm
..r
AASHTO -
American Association of State
MGD
- Million Gallons
Highway Transportation Officials
per Day
ASCE -
American Society of Civil
CFS
- Cubic Foot per
Engineers
Second
IAW -
In Accordance With
Min.
- Minimum
ASTM -
American Society of Testing
Mono.
- Monolithic
Materials
%
- Percentum
AWWA -
American Water Works
R
- Radius
Association
I.D.
- Inside Diameter
ASA -
American Standards Association
O.D.
- Outside Diameter
HI -
Hydraulic Institute
Elev.
- Elevation
Asph. -
Asphalt
F
- Fahrenheit
Ave. -
Avenue
C
- Centigrade
,:
Blvd. -
Boulevard
In.
- Inch
CI -
Cast Iron
Ft.
- Foot
CL -
Center Line
St.
- Street
..
GI -
Galvanized Iron
CY
- Cubic Yard
Lin. -
Linear or Lineal
Yd.
- Yard
lb. -
Pound
SY
- Square yard
MH -
Manhole
L.F.
- Linear Foot
Max. -
Maximum
D.I.
- Ductile Iron
C 1-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement
between the Owner and the Contractor covering some added or deducted item or feature
"
which may be found necessary and which was not specifically included in the scope of
the project on
which bids were submitted. Increase
in unit quantities stated in the
proposal are not the subject matter of a Change Order unless the increase or decrease is
more than 25% of the amount of the particular item or items in the original proposal.
All "Change
Orders" shall be prepared by the City
from information as necessary
furnished by the Contractor.
C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as
a street or alley having one of the following types of wearing surfaces applied over the
natural unimproved surface:
1. Any type of asphaltic concrete with or without separate base material.
2. Any type of asphalt surface treatment, not including an oiled surface, with
or without separate base material.
3. Brick, with or without separate base material.
4. Concrete, with or without separate base material.
5. Any combination of the above.
Wr
C1-1 (5)
W
W(
C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or *w
other surface is any area except those defined for "Paved Streets and Alleys."
C1-1.30 CITY STREET: A city street is defined as that area between the right-of-way
lines as the street is dedicated.
C1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two
(2') back of the curb lines or four (`4) feet back of the average edge of pavement where
no curb exists.
C1-1.32 GRAVEL STREET: A gravel street is an unimproved street to which has been
added one or more applications of gravel or similar material other than the natural WE
material found on the street surface before any improvement was made.
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C1-1 (6)
SECTION C - GENERAL CONDITIONS
C2-2 INTERPRETATION AND
PREPARATION OF PROPOSAL
SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL
i
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 no more than one (1) year old.
In the case that bidding date falls within the time a new statement is being prepared, the
previous statement shall be updated by proper verification. Liquid assets in the amount of
ten (10) percent of the estimated project cost will be required.
For an experience record to be considered to be acceptable for a given project, it must
reflect the experience of the firm seeking qualification in work of both the same nature
and magnitude as that of the project for which bids are to be received, and such
experience must have been completed not more than five (5) years prior to the date on
which Bids are to be received. The Director of the Water Department shall be sole judge
as to the acceptability of experience for qualification to bid on any Fort Worth Water
Department project.
The prospective bidder shall schedule the equipment he has available for the project and
state that he will rent such additional equipment as may be required to complete the
project on which he submits a bid.
C2-2.2 INTERPRETATION OF 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.
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C2-2(1)
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C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT:
Bidders are advised that the Contract Documents on file with the Owner shall constitute
all of the information which the Owner will furnish. All additional information and data
which the Owner will supply after promulgation of the formal contract documents shall
be issued in the form of written addenda and shall become part of the Contract
Documents just as though 'such addenda were actually written into the original Contract
Documents.
Bidders are required, prior to filing of proposal, to read and become familiar with the lop
Contract Documents, to visit the site of the project and examine carefully all local
conditions, to inform themselves by their own independent research and investigations,
tests, boring, and by such other means as may be necessary to gain a complete knowledge
of the conditions which will be encountered during construction of the project. They must
judge for themselves the difficulties of the work and all attending circumstances affecting
the cost of doing the work or the time required for its completion, and obtain all
information required to make an intelligent proposal. No information given by the Owner
or any representative of the Owner other than that contained in the Contract Documents
and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders �.
shall rely exclusively and solely upon their own estimates, investigation, research, tests,
explorations, and other data which are necessary for full and complete 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 investigation, examinations and tests
herein required. Claims for additional compensation due to variations between conditions
actually encountered in construction and as indicated in the Contract Documents will not
be allowed.
The logs of Soil Borings, if any, on the plans are for general information only and may
not be correct. Neither the Owner nor the Engineer guarantee that the data shown is
representative of conditions which actually exist.
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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 Wt
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 work contemplated or furnish the
materials required. All such prices shall be written legibly. In case of discrepancy 4K
between price written in words and the price written in numerals, the price most
advantageous to the City shall govern.
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If a proposal is submitted by an individual, his or her name must be signed by him (her)
or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or
partnership, the name and address of each member of the firm, association, or partnership,
or by person duly authorized. If a proposal is submitted by a company or corporation, the
company or corporation name and business address must be given, and the proposal
signed by an official or duly authorized agent. The corporate seal must be affixed. Power *�
C2-2(2)
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of Attorney authorizing agents or others to sign proposal must be properly certified and
must be in writing and submitted with the proposal.
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alteration of words or figures, additions not called for, conditional or uncalled for
alternate bids, erasures, or irregularities of any kind, or contain unbalanced value of any
Im 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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C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a
"Proposal Security" of the character and the amount indicated in the "Notice to Bidders"
and the "Proposal." The Bid Security is required by the Owner as evidence of good faith
on the part of the Bidder, and by way of a guaranty that if awarded the contract, the
Bidder will within the required time execute a formal contract and furnish the required
performance and other bonds. The bid security of the three lowest bidders will be retained
until the contract is awarded or other disposition is made thereof. The bid security of all
other bidders may be returned promptly after the canvass of bids.
C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is
delivered, accompanied by its proper Bid Security, to the City Manager or his
j" representative in the official place of business as set forth in the "Notice to Bidders." It is
the Bidder's sole responsibility to deliver the proposal at the proper time to the proper
place. The mere fact that a proposal was dispatched will not be considered. The Bidder
ev must have the proposal actually delivered. Each proposal shall be in a sealed envelope
plainly marker with the word "PROPOSAL," and the name or description of the project
as designated in the "Notice to Bidders." The envelope shall be addressed to the City
qW 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 proposals. A request for
non -consideration must be made in writing, addressed to the City Manager, and filed with
him prior to the time set for opening of proposals. After all proposals not requested for
non -consideration are opened and publicly read aloud, the proposals for which non -
consideration requests have been properly filed MM, at the option of the Owner, be
returned unopened.
C2-2.9 TELEGRAHIC MODIFICATIONS OF PROPOSALS: Any Bidder may modify
his proposal by telegraphic communication at any time prior to the time set for opening
proposals, provided such telegraphic communication is received by the City Manager
prior to the said proposal opening time, and provided further, that the City Manager is
satisfied that a written and duly authenticated confirmation of such telegraphic
communication over the signature of the bidder was mailed prior to the proposal opening
time. If such confirmation is not received within forty-eight (48) hours after the proposal
opening time, no further consideration will be given to the proposal.
C2-2(3)
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C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly -
filed and for which no "Non -consideration Request" has been received will be publicly
opened and read aloud by the City Manager or his authorized representative at the time
and place indicated in the "Notice to Bidders." All proposals which have been opened and
read will remain on file with the Owner until the contract has been awarded. Bidders or
their authorized representatives are invited to be present for the opening of bids.
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C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as "Irregular" if
they show any omissions, alterations of form, additions, or conditions not called for, MP
unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves
the right to waive any all irregularities and to make the award of the contract to the best
interest of the City. Tendering a proposal after the closing hour is an irregularity which
can not be waived.
C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their „4
proposals not considered for any of, but not limited to, the following reasons:
a) Reasons for believing that collusion exists among bidders.
b) Reasonable grounds for believing that any bidder is interested in more than .�•
one proposal for work contemplated.
c) The bidder being interested in any litigation against the Owner or where
the Owner may have a claim against or be engaged in litigation against the
bidder.
d) The bidder being in 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 financial statement, experience
statement, equipment schedule, and such inquiries as the Owner may see
fit to make.
g) Uncompleted work which, in the judgment of the Owner, will prevent or
hinder the prompt completion of additional work if awarded. 'r
h) The bidder not filing with the Owner, one week in advance of the hour of
the opening of proposals the following:
1. Financial Statement showing the financial condition of the bidder
as specified in Part "A" - Special Instructions
2. A current experience record showing especially the projects of a
nature similar to the one under consideration, which have been
successfully completed by the Bidder. .�
3. An equipment schedule showing the equipment the bidder has
available for use on the project.
The Bid Proposal of the 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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C2-2(4)
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PART C - GENERAL CONDITIONS
C3-3 AWARD AND EXECUTION OF
DOCUMENTS
SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS:
C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and
read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities
shown in the proposal, and the application of such formulas or other methods of bringing
items to a common basis as may be established in the Contract Documents.
The total obtained by taking the sum of the products of the unit prices quoted and the
estimated quantities plus any lump sum items and such other quoted amounts as may
enter into the cost of the completed project will be considered as the amount of the bid.
Until the ward of the contract is made by the Owner, the right will be reserved to reject
any or all proposals and waive technicalities, to re -advertise for new proposals, or to
proceed with the work in any manner as may be considered for the best interest of the
Owner.
C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS
ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request,
complete and accurate information regarding actual work performed by a Minority
Business Enterprise (MBE) and/or a Woman -owned Business Enterprise (WBE) on the
contract and the payment therefor. Contractor further agrees, upon request by the Owner,
to allow and audit and/or an examination of any books, records, or files in the possession
of the Contractor that will substantiate the actual work performed by an MWE or WBE.
Any material misrepresentation of any nature will be grounds for termination of the
contract and for initiating any action under appropriate federal, state or local laws and
ordinances relating to false statements; further, any such misrepresentation may be
grounds for disqualification of Contractor at Owner's discretion for bidding on future
Contracts with the Owner for a period of time of not less than six (6) months.
C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with
Current City Ordinances prohibiting discrimination in employment practices. The
Contractor shall post the required notice to that effect on the project site, and at his
�. request, will be provided assistance by the City of Fort Worth's Equal Employment
Officer who will refer any qualified applicant he may have on file in his office to the
Contractor. Appropriate notices may be acquired from the Equal Employment Officer.
C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the
Owner, it cannot be withdrawn by the Bidder within forty-five (45) days after the date on
which the proposals were opened.
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C3-3 (1)
V.
C 3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final mo
action on the proposals for a reasonable time, not to exceed forty-five (45) days after the
date of opening proposals, and in no event will an award be made until after
investigations have been made as to the responsibility of the proposed awardee. an
The award of the contract, if award is made, will be to the lowest and best responsive
bidder. be
The award of the contract shall not become effective until the Owner has notified the
Contractor in writing of such award.
C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals
have been determined for comparison of bids, the Owner may, at its discretion, return the
proposal security which accompanied the proposals which, in its judgment, would not be
considered for the award. All other proposal securities, usually those of the three lowest
bidders, will be retained by the Owner until the required contract has been executed and
bond furnished or the Owner has otherwise disposed of the bids, after which they will be
returned by the City Secretary. ..
C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the
Contractor shall furnish to, and file with the owner in the amounts herein required, the
following bonds:
a. PERFORMANCE BOND: A good and sufficient performance bond in aw
the amount of not less than 100 percent of the amount of the contract, as
evidenced by the proposal tabulation or otherwise, guaranteeing the full
and faithful execution of the work and performance of the contract, and for
the protection of the Owner and all other persons against damage by
reason of negligence of the Contractor, or improper execution of the work
or use of inferior materials. This performance bond shall guarantee the
payment for all labor, materials, equipment, supplies, and services used in
the construction of the work, and shall remain in full force and effect until
provisions as above stipulated are accomplished and final payment is made
on the project by the City.
b. MAINTENANCE BOND: A good and sufficient maintenance bond, in
the amount of not less than 100 percent of the amount of the contract, as
evidenced by the proposal tabulation or otherwise, guaranteeing the
prompt, full and faithful performance of the general guaranty which is set
forth in paragraph C8-8.10.
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C. PAYMENT BOND: A good and sufficient payment bond, in the
amount of not less than 100 percent of the amount of the contract, as
evidenced by the proposal tabulation or otherwise, guaranteeing the ow
prompt, full and faithful payment of all claimants as defined in Article
C3-3 (2)
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ry 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill
344, Acts 56`h Legislature, Regular Session, 1959, effective April 27,
1959, and/or the latest version thereof, supplying labor and materials in the
prosecution of the work provided for in the contract being constructed
under these specifications. Payment Bond shall remain in force until all
payments as above stipulated are made.
d. OTHER BONDS: Such other bonds as may be required by these
Contract Documents shall be furnished by the Contractor.
No sureties will be accepted by the Owner which are at the time in default or delinquent
on any bonds or which are interested in any litigation against the Owner. All bonds shall
be made on the forms furnished by the Owner and shall be executed by an approved
surety company doing business in the City of Fort Worth, Texas, and which is acceptable
to the Owner. In order to be acceptable, the name of the surety shall be included on the
current U.S. Treasury list of acceptable sureties, and the amount of bond written by any
one acceptable company shall not exceed the amount shown on the Treasury list for that
,— company. Each bond shall be properly executed by both the Contractor and Surety
Company.
Should any surety on the contract be determined unsatisfactory at any time by the Owner,
notice will be given the Contractor to that effect and the Contractor shall immediately
provide a new surety satisfactory to the Owner. No payment will be made under the
contract until the new surety or sureties, as required, have qualified and have been
accepted by the Owner. The contract shall not be operative nor will any payments be due
or paid until approval of the bonds by the Owner.
C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has
appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute
and file with the Owner, the Contract and such bonds as may be required in the Contract
Documents.
No Contract shall be binding upon the Owner until it has been attested by the City
Secretary, approved as to form and legality by the City Attorney, and executed for the
Owner by either the Mayor or City Manager.
C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to
,. execute the required bond or bonds or to sign the required contract within ten (10) days
after the contract is awarded shall be considered by the owner as an abandonment of his
proposal, and the owner may annual the Award. By reason of the uncertainty of the
market prices of material and labor, and it being impracticable and difficult to accurately
determine the amount of damages occurring to the owner by reason of said awardee's
failure to execute said bonds and contract within ten (10) days, the proposal security
accompanying the proposal shall be the agreed amount of damages which the Owner will
C3-3 (3)
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suffer by reason of such failure on the part of the Awardee and shall thereupon VM
immediately by forfeited to the Owner.
The filing of a proposal will be considered as acceptance of this provision by the Bidder.
C-3-3.10 BEGINNING WORK: The Contractor shall not commence work until
authorized in writing to do so by the Owner. Should the Contractor fail to commence
work at the site of the project within the time stipulated in the written authorization
usually termed "Work Order" or "Proceed Order", it is agreed that the Surety Company
,-
will, within ten (10) days after the commencement date set forth in such written
authorization, commence the physical execution of the contract.
C3-3.11INSURANCE: The Contractor shall not commence work under this
contract until he has obtained all insurance required under the Contract Documents, and
such insurance has been approved by the Owner. The prime Contractor shall be
responsible for delivering to the Owner the sub -contractor's certificate of insurance for
approval. The prime Contractor shall indicate on the certificate of insurance included in
the documents for execution whether or not his insurance covers sub -contractors. It is the
intention of the Owner that the insurance coverage required herein shall include the
coverage of all sub -contractors.
a. COMPENSATION INSURANCE: The Contractor shall maintain,
during the life of this contract, Worker's Compensation Insurance on all of
his employees to be engaged in work on the project under this contract,
and for all sub -contractors. In case any class of employees engaged in
hazardous work on the project under this contract is not protected under
the Worker's Compensation Statute, the Contractor shall provide adequate
employer's general liability insurance for the protection of such of his
employees not so protected.
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b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The
Contractor Shall procure and shall maintain during the life of this contract,
Comprehensive General Liability Insurance (Public Liability and Property.
Damage Insurance) in the amount not less than $500,000 covering each
occurrence on account of bodily injury, including death, and in an amount
not less than $500,000 covering each occurrence on account of property
damage with $2,000,000 umbrella policy coverage.
C. ADDITIONAL LIABILITY: The Contractor shall furnish
insurance as a separate policies or by additional endorsement to one of the
above -mentioned policies, and in the amount as set forth for public +-r
liability and property damage, the following insurance:
1. Contingent Liability (covers General Contractor's Liability for acts Wr
of sub -contractors).
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C3-3 (4)
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2. Blasting, prior to any blasting being done.
ow 3. Collapse of buildings or structures adjacent to excavation Cif
excavation are performed adiacent to same).
4. Damage to underground utilities for $500,000.
5. Builder's risk (where above -ground structures are involved).
6. Contractual Liability (covers all indemnification requirements of
Contract).
d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY
DAMAGE: The Contractor shall procure and maintain during the life of
this Contract, Comprehensive Automobile Liability Insurance in an
amount not less than $250,000 for injuries including accidental death to
any one person and subject to the same limit for each person an amount
not less than $500,000 on account of one accident, and automobile
property damage insurance in an amount not less than $100,000.
e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance
required under the above paragraphs shall provide adequate protection for
the Contractor and his sub -contractors, respectively, against damage
claims which may arise from operations under this contract, whether such
operations be by the insured or by anyone directly or indirectly employed
�. by him, and also against any of the following special hazards which may
be encountered in the performance of the Contract.
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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 the amounts and by carriers satisfactory to
the Owner. (Sample attached.) All insurance requirements made upon the
q" Contractor shall apply to the sub -contractors, should the Prime
Contractor's insurance not cover the sub -contractor's work operations,
g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance
and bonding companies with whom the Contractor's insurance and
C3-3 (5)
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performance, payment, maintenance and all such other bonds are written,
shall be represented by an agent or agents having an office located within
the city limits of the City of Fort Worth. Tarrant County, Texas. Each such
agent shall be a duly qualified, one upon whom authority and power to act
on behalf of the insurance and/or bonding company to negotiate and settle
with the City of Fort Worth, or any other claimant, and claims that the City
of Fort Worth or other claimant or any property owner who has been
damaged, may have against the Contractor, insurance, and/or bonding
company. If the local insurance representative is not so empowered by the
insurance or bonding companies, then such authority must be vested in a
local agent or claims officer residing in the Metroplex, the Fort Worth -
Dallas area. The name of the agent, or agents shall be set forth on all such
bonds and certificates of insurance.
C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor
shall pay for all materials, labor and services when due.
C3-3.13 WEEKLY PAYROLLS: A certified copy of each payroll covering payment •
of wages to all persons engaged in work on the project at the site of the project shall be
furnished to the Owner's representative within seven (7) days after the close of each
payroll period. A copy or copies of the applicable minimum wage rates as set forth in the *�
Contract Documents shall be kept posted in a conspicuous place at the site of the project
at all times during the course of the Contract. Copies of the wage rates will be furnished
the Contractor, by the Owner; however, posting and protection of the wage rates shall be
the responsibility of the Contractor.
C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor,
whether a person, persons, partnership, company, firm, association, corporation or other
who is approved to do business with and enters into a contract with the City for
construction of water and/or sanitary sewer facilities, will have or shall establish a fully
operational business office within the Fort Worth -Dallas metropolitan area. The
Contractor shall charge, delegate, or assign this office (or he may delegate his Project
Superintendent) with full authority to transact all business actions required in the
performance of the Contract. This local authority shall be made responsible to act for the
Contractor in all matters made responsible to act for the Contractor in all matters AW
pertaining to the work governed by the Contract whether it be administrative or other
wise and as such shall be empowered, thus delegated and directed, to settle all material,
labor or other expenditure, all claims against work or any other mater associated such as ,r
maintaining adequate and appropriate insurance or security coverage for the project. Such
local authority for the administration of the work under the Contract shall be maintained
until all business transactions executed as part of the Contract are complete. WN
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 M'
shall be made in writing to the Engineer in advance of any work on the project, all
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C3-3 (6)
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appropriately signed and sealed, as applicable, by the Contractor's responsible offices
with the understanding that this written assignment of authority to the local representative
shall become part of the project Contract as though bound directly into the project
4' documents. The intent of these requirements is that all matters associated with the
Contractor's administration, whether it be oriented in furthering the work, or other, be
governed direct by local authority. This same requirement is imposed on insurance and
surety coverage. Should the Contractor's local representative fail to perform to the
satisfaction of the Engineer, the Engineer, at his sole discretion, may demand that such
local representative be replaced and the Engineer may, at his sole discretion, stop all work
until a new local authority satisfactory to the Engineer is assigned. No credit of working
time will be allowed for periods in which work stoppages are in effect for this reason.
C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant
County, Texas.
CM (7)
PART C - GENERAL CONDITIONS
C4-4 SCOPE OF WORK
SECTION C44 SCOPE OF WORK
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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 Ito
of the Contract Documents. It is definitely understood that the Contractor shall do all
work as provided for in the Contract Documents, shall do all extra or special work as may
be considered by the Owner as necessary to complete the project in a satisfactory and
acceptable manner. The Contractor shall, unless otherwise specifically stated in these
Contract Documents, furnish all labor, tools, materials, machinery, equipment, special
services, and incidentals necessary to the prosecution and completion of the project.
C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not
thoroughly and satisfactorily stipulated or covered by General or Special Conditions of
these Contract Documents be anticipated, or should there be any additional proposed
work which is not covered by these Contract Documents, the "Special Provisions"
covering all such work will be prepared by the Owner previous to the time of receiving *�
bids or proposals for any such work and furnished to the Bidder in the form of Addenda.
All such "Special Provisions" shall be considered to be part of the Contract Documents
just as though they were originally written therein.
C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right
to alter the quantities of the work to be performed or to extend or shorten the «�
improvements at any time when and as found to be necessary, and the Contractor shall
perform the work as altered, increased or decreased at the unit prices. Such increased or
decreased quantity shall not be more than twenty-five (25) percent of the contemplated
quantity of such item or items. When such changes increase or decrease the original
quantity of any item or items of work to be done or materials to be fuurnished by the 25
percent or more, then either parry to the contract shall upon written request to the other
party be entitled to a revised consideration upon that portion of the work above or below
the 25 percent of the original quantity stated in the proposal; such revised consideration to
be determined by special agreement or as hereinafter provided for "Extra Work." No
allowance will be made for any changes in anticipated profits not shall such changes be
considered as waiving or invalidating any conditions or provisions of the Contract
Documents.
Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted *�
herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but not to
the various depth categories.
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C4-4 (1)
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C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change order, the
owner reserves the right to make such changes in the Contract Documents and in the
character or quantities of the work as may be necessary or desirable to insure completion
in the most satisfactory manner, provided such changes do not materially alter the original
Contract Documents or change the general nature of the project as a whole. Such changes
shall not be considered as waiving or invalidating any condition or provision of the
Contract Documents.
C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations
of the Contract Documents or of quantities or for other reasons for which no prices are
provided in the Contract Documents, shall be defined as "Extra Work" and shall be
performed by the Contractor in accordance with these Contract Documents or approved
additions thereto; provided however, that before any extra work is begun a "Change
order" shall be executed or written order issued by the Owner to do the work for
payments or credits as shall be determined by one or more combination of the following
methods:
-} a. Unit bid price previously approved.
b. An agreed lump sum.
C. The actual reasonable cost of (1) labor, (2) rental of equipment used on the
extra work for the time so used at Associated General Contractors of
America current equipment rental rates, (3) materials entering permanently
into the project, and (4) actual cost of insurance, bonds, and social security
as determined by the Owner, plus a fixed fee to be agreed upon but not to
exceed 10 percent of the actual cost of such extra work. The fixed fee is
not to include any additional profit to the Contractor for rental of
equipment owner by him and used for extra work. The fee shall be full and
complete compensation to cover the cost of superintendence, overhead,
other profit, general and all other expense not included in (1), (2), (3), and
(4) above. The Contractor shall keep accurate cost records on the form and
in the method suggested by the Owner and shall give the Owner access to
all accounts, bills, vouchers, and records relating to the Extra Work.
No "Change Order" shall become effective until it has been approved and signed by each
of the Contracting Parties.
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No claim for Extra Work of any kind will be allowed unless ordered in writing by the
Owner. In case any orders or instructions, either oral or written, appear to the Contractor
.�► to involve Extra Work for which he should receive compensation, he shall make written
request to the Engineer for written orders authorizing such Extra Work, prior to beginning
such work.
C4-4 (2)
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Should a difference arise as to what does or dose not constitute Extra Work, or as to the }-
payment thereof, and the Engineer insists upon its performance, the Contractor shall
proceed with the work after making written request for written orders and shall keep
accurate account of the actual reasonable cost thereof as provided under method (Item Q.
Claims for extra work will not be paid unless the Contractor shall file his claim with the
Owner within five (5) days before the time for making the first estimate after such work is
done and unless the claim is supported by satisfactory vouchers and certified payrolls
covering all labor and materials expended upon said Extra Work.
The Contractor shall furnish the Owner such installation records of all deviations from �•
the original Contract Documents as may be necessary to enable the Owner to prepare for
permanent record a corrected set of plans showing the actual installation. W,
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 VA
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 0
work as a result of the change or extra work.
C4-4.6 SCHEDULE OF OPERATION: Before commencing any work under this im
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 MW
shown the estimated monthly cost of work for which estimates are to be expected. There
shall be presented also a composite graph showing the anticipated progress of
construction with the time being plotted horizontally and percentage of completion'
plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at
least five black or blue line prints shall be furnished to the Owner.
C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES:
Within ten (10) days prior to submission of the first monthly progress payment, the
Contractor shall prepare and submit to the owner for approval six copies of the schedule
in which the Contractor proposes to carry on activities (including procurement of
materials, plans, and equipment) and the contemplated dates for completing the same. _
The schedule shall be in the form of a time schedule Critical Path Method (CPM)
network diagram. As the work progresses, the Contractor shall enter on the diagram the
actual progress at the end of each partial payment period or at such intervals as directed
by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments
in contract time approved by the Engineer. Three copies of the updated schedule shall be
delivered at such intervals as directed by the Engineer.
As a minimum, the construction schedule shall incorporate all work elements and
activities indicated in the proposal and in the technical specifications. bw
C4-4 (3)
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Prior to the final drafting of the detailed construction schedule, the Contractor shall
review the draft schedule with the Engineer to ensure the Contractor's understanding of
the contract requirements.
The following guidelines shall be adhered to in preparing the construction schedule:
a. Milestone dates and final project completion dates shall be developed to
conform to the time constraints, sequencing requirements and completion
time.
b. The construction progress shall be divided into activities with time
durations of approximately fourteen days (14) days and construction
values not to exceed $50,000. Fabrication, delivery and submittal activities
are exceptions to this guideline.
C. Durations shall be in calendar days and normal holidays and weather
conditions over the duration of the contract shall be accounted for within
the duration of each activity.
d. One critical path shall be shown on the construction schedule.
e. Float time is defined as the amount of time between the earliest start date
and the latest start date of a chain of activities of the CPM construction
schedule. Float time is not for the exclusive use or benefit of either the
Contractor or the Owner.
"" f. Thirty days shall be used for submittal review unless otherwise specified.
The construction schedule shall as a minimum, be divided into general categories as
indicated in the Proposal and Technical Specifications and each general category shall be
broken down into activities in enough detail to achieve activities of approximately
fourteen (14) days duration.
For each general category, the construction schedule shall identify all trades or
subcontracts whose work is represented by activities that follow the guidelines of this
Section.
For each of the trades or subcontracts, the construction schedule shall indicate the
following procurements, construction and preacceptance activities and events in their
logical sequence for equipment and materials.
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1. Preparation and transmittal of submittals
log 2. Submittal review periods.
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C4-4 (4)
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3. Shop fabrication and delivery. �•
4. Erection or installation.
5. Transmittal of manufacturer's operation and maintenance instructions.
6. Installed equipment and materials testing.
7. Owner's operator instruction (if applicable).
8. Final inspection.
9. Operational testing. WF
If, in the opinion of the Owner, work accomplished falls behind that scheduled, the
Contractor shall take such action as necessary to improve his progress. In addition, the
Owner may require the Contractor to submit a revised schedule demonstrating his
program and proposed plan to make up lag in scheduled progress and to insure
completion of the work within the contract time. If the owner finds the proposed plan not
acceptable, he may require the Contractor to increase the work force, the construction
plant and equipment, the number of work shifts or overtime operations without additional ..Y
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
diligence as will insure its completion within the time specified.
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C4-4 (5)
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PART C - GENERAL CONDITIONS
C5-5 CONTROL OF WORK AND
MATERIALS
SECTION C5-5 CONTROL OF WORK AND MATERIALS ow
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. The
Engineer shall decide all questions which arise as to the quality and acceptability of the
materials furnished, work performed, rate of progress of the work, overall sequence of the
construction, interpretation of the Contract Documents, acceptable fulfillment of the
Contract, compensation, mutual rights between Contractor and Owner under these
Contract Documents, supervision of the work, resumption of operations, and all other
questions or disputes which may arise. Engineer will not be responsible for Contractor's
means, methods, techniques, sequence or procedures of construction, or the safety
precaution and programs incident thereto, and he will not be responsible for Contractor's
failure to perform the work in accordance with the contract documents.
The Engineer shall determine the amount and quality of the work completed and -•
materials furnished, and his decisions and estimates shall be final. His estimates in such
event shall be a condition to the right of the Contractor to receive money due him under
the Contract. The Owner shall have executive authority to enforce and make effective
such necessary decisions and orders as the Contractor fails to carry out promptly.
In the event of any dispute between the Engineer and Contractor over the decision of the
Engineer on any such matters, the Engineer must, within a reasonable time, upon written
request of the Contractor, render and deliver to both the owner and Contractor, a written
decision on the matter in controversy.
C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall
conform with lines, grades, cross -sections, finish, and dimensions shown on the plans or
any other requirements other wise described in the Contract Documents. Any deviation
from the approved Contract Documents required by the Engineer during construction will 4p�
in all cases be determined by the Engineer and authorized by the Owner by Change Order.
C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract
Documents are made up of several sections, which, taken together, are intended to
describe and provide for a complete and useful project, and any requirements appearing in
one of the sections is as binding as though it occurred in all sections. In case of
discrepancies, figured dimension shall govern over scaled dimensions, plans shall govern
over specifications, special conditions shall govern over general conditions and standard
specification, and quantities shown on the plans shall govern over those shown in the
proposal. The Contractor shall not take advantage of any apparent error or omission in the
to
C5-5 (1)
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�* Contract Documents, and the owner shall be permitted to make such corrections or
interpretations as may be deemed necessary for fulfillment of the intent of the Contract
Documents. In the event the Contractor discovers an apparent error or discrepancy, he
shall immediately call this condition to the attention of the Engineer. In the event of a
conflict in drawings, specifications, or other portions of the Contract Documents which
were not reported prior to the award of Contract, the Contractor shall be deemed to have
quoted the most expensive resolution of the conflict.
C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished
with three sets of Contract Documents and shall have available on the site of the project
at all times, one set of such Contract Documents.
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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
r,. Contractors in every possible way.
The Contractor shall at all times have competent personnel available to the project site for
proper performance of the work. The Contractor shall provide and maintain at all times at
the site of the project a competent, English-speaking superintendent and an assistant who
are fully authorized to act as the Contractor's agent on the work. Such superintendent and
-� his assistant shall be capable of reading and understanding the Contract Documents and
shall receive and fulfill instructions from the Owner, the Engineer, or his authorized
representatives. Pursuant to this responsibility of the Contractor, the Contractor shall
designate in writing to the project superintendent, to act as the Contractor's agent on the
work. Such assistant project superintendent shall be a resident of Tarrant County, Texas,
and shall be subject to call, as is the project superintendent, at any time of the day or night
on any day of the week on which the Engineer determines that circumstances require the
presence on the project site of a representative of the Contractor to adequately provide for
the safety or convenience of the traveling public or the owners of property across which
the project extends or the safety of the property contiguous to the project routing.
The Contractor shall provide all facilities to enable the Engineer and his inspector to
examine and inspect the workmanship and materials entering into the work.
C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion
of the Owner or Engineer, a condition of emergency exists related to any part of the work,
the Contractor, or the Contractor through his designated representative, shall respond
with dispatch to a verbal request made by the Owner or Engineer to alleviate the
emergency condition. Such a response shall occur day or night, whether the project is
scheduled on a calendar -day or a working -day basis.
Should the Contractor fail to respond to a request from the Engineer to rectify any
discrepancies, omissions, or correction necessary to conform with the requirements of the
-� project specifications or plans, the Engineer shall give the Contractor written notice that
such work or changes are to be performed. The written notice shall direct attention to the
or
C5-5 (2)
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discrepant condition and request the Contractor to take remedial action to correct the r-
condition. In the event the Contractor does not take positive steps to fulfill this written
request, or does not shoe 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 deduct'
an amount equal to the entire costs for such remedial action, plus 25%, from any funds
due the Contractor on the project.
C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an
adequate field office for use of the Engineer, if specifically called for. The field office
shall be not less than 10 x 14 feet in floor area, substantially constructed, well heated, air
conditioned, lighted, and weather proof, so that documents will not be damaged by the
elements.
C5-5.7 CONTRUCTION STAKES: The City, through its Engineer, will furnish
the Contractor with all lines, grades, and measurements necessary to the proper
prosecution and control of the work contracted under these Contract Documents, and
lines, grades and measurements will be established by means of stakes or other customary
method of marking as may be found consistent with good practice.
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 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
inspection may extend to all or any part of the work, and the preparation or manufacturing
of the materials to be used or equipment to be installed. A City Inspector may be
stationed on the work to report to the Engineer as to the progress of the work and the
manner in which it is being performed, to report any evidence that the materials being
furnished or the work being performed by the Contractor fails to fulfill the requirements
of the Contract Documents, and to call the attention of the Contractor to any such failure
or other infringements. Such inspection or lack of inspection will not relieve the
Contractor from any obligation to perform the work in accordance with the requirements
of the Contract Documents. In case of any dispute arising between the Contractor and the
City Inspector as to the materials or equipment furnished or the manner of performing the
work, the City Inspector will have the authority to reject materials or equipment, and/or to
suspend work until the question at issue can be referred to and 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 JW
section of the work, nor to issue any instructions contrary tot he requirement s of the
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C5-5 (3)
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Contract Documents. The City Inspector 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 of the Contract Documents, provided, however,
should the Contractor object to any orders or instructions or the City Inspector, the
Contractor may within six days make written appeal to the Engineer for his decision on
the matter in Controversy.
C5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every
reasonable facility for ascertaining whether or not the work as performed is in accordance
with the requirements of the Contract Documents. If the Engineer so requests, the
Contractor shall, at any time 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 Work so exposed or examined prove to be unacceptable, the uncovering
or removing and replacing of all adjacent defective or damaged parts shall be at the
Contractor's expense. No work shall be done or materials used without suitable
supervision or inspection.
C5-5.10 REMOVAL OF EDEFCTIVE AND UNAUTHORIZED WORK: All work,
materials, or equipment which has been rejected shall be remedied or removed and
am replaced in an acceptable manner by the Contractor at this expense. Work done beyond
the lines and grades given or as shown on the plans, except as herein specially provided,
or any Extra Work done without written authority, will be considered as unauthorized and
done at the expense of the Contractor and will not be paid for by the Owner. Work so
done may be ordered removed at the Contractor's expense. Upon the failure on the part of
the Contractor to comply with any order of the Engineer made under the provisions of
this paragraph, the Engineer will have the authority to cause defective work to be
remedied or removed and replaced and unauthorized work to be removed, and the cost
thereof may be deducted from any money due or to become due tot he Contractor. Failure
to require the removal of any defective or unauthorized work shall not constitute
acceptance of such work.
C5-5.11 SUBSTITUTE MATERIALS OR EOUIPMENT: If the Specifications,
law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is
.r equal to any material or equipment specified, and if Contractor wishes to furnish or use a
proposed substitute, he shall, prior to the preconstruction conference, make written
application to ENGINEER for approval of such substitute certifying in writing that the
proposed substitute will perform adequately the function called for by the general design,
be similar and of equal substance to that specified and be suited to the same use and
C5-5 (4)
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capable of performing the same function as that specified ; and identifying all variations
of the proposed substitute from that specified and indicating available maintenance
service. No substitute shall be ordered or installed without written approval of Engineer
who will be the judge of the equality and may require Contractor to furnish such other
data about the proposed substitute as he considers pertinent. No substitute shall be
ordered or 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 employees by either of
them from and against the claims, damages, losses and expenses (including attorneys
fees) arising out of the use of substituted materials or equipment.
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 other wise specifically provided. The failure of the Owner to ...
make any tests of materials shall in no way relieve. the contractor of his responsibility of
furnishing materials and equipment fully conforming to the requirements of the Contract
Documents. Tests and sampling of materials, unless otherwise specified, will be made in
accordance with the latest methods prescribed by the American Society for Testing
Materials or specific requirements of the Owner. The Contractor shall provide such
facilities as the Engineer may require for collecting and forwarding samples and shall not, �^
without specific written permission of the Engineer, use materials represented by the
samples until tests have been made and the materials approved for use. The Contractor
will furnish adequate samples without charge to the Owner.
In case of concrete, the aggregates, design minimum, and the mixing and transporting
equipment shall be approved by the Engineer before any concrete is placed, and the
Contractor shall be responsible for replacing any concrete which does not meet the
requirements of the Contract Documents. Tests shall be made at least 9 days prior to the
placing of concrete, using samples from the same aggregate, cement, and mortar which
are to be used later in the concrete. Should the source of supply change, new tests shall be
made prior to the use of new materials.
C5-5.13 STORAGE OF MATERIALS: All materials which are to be used in the
construction contract shall be stored so as to insure the preservation of quality and fitness
of the work. When directed by the Engineer, they shall be placed on wooden platforms or
other hard, clean durable surfaces and not on the ground, and shall be placed under cover
when directed. Stored materials shall be placed and located so as to facilitate prompt
inspection.
C5-5.14 EXISTING STRUCTURES AND UTILITIES:, The location and dimensions 1 w
shown on the plans relative to the existing utilities are based on the best information
available. Omission from, the inclusion of utility locations on the Plans is not to be
considered as nonexistence of, or a definite location of, existing underground utilities. "
The location of many gas mains, water mains, conduits, sewer lines and service lines for
C5-5 (5)
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all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for
failure to show any or all such structures and utilities on the plans or to show them in
their exact location. It is mutually agreed that such failure will not be considered
` sufficient basis for claims for additional compensation for Extra Work or for increasing
the pay quantities in any manner whatsoever, unless an obstruction encountered is such as
to necessitate changes in the lines and grades of considerable magnitude or requires the
building of special works, provision of which is not made in these Contract Documents,
in which case the provision in these Contract Documents for Extra Work shall apply.
It shall be the Contractor's responsibility to verify locations of the adjacent and/or
conflicting utilities sufficiently in advance of construction in order that he may negotiate
such local adjustments as necessary in the construction process to provide adequate
clearances. The Contractor shall take all necessary precautions in order to protect all
existing utilities, structures, and service lines. Verification of existing utilities, structures,
and service lines shall include notification of all utility companies at least forty-eight (48)
hours in advance of construction including exploratory excavation if necessary. All
Iverification of utilities and their adjustment shall be considered 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's Distribution Division as to
location, time, and schedule of service interruption.
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2. Notify each customer personally through responsible personnel as
to the time and schedule of the interruption of their service, or
3. In the event that personal notification of a customer cannot be
made, a prepared tag form shall be attached to the customer's door
knob. The tag shall be durable in composition, and in large bold
letters shall say:
40
C5-5 (6)
AMOUNT OF CONTRACT
AMOUNT OF
LIQUIDATED
DAMAGES
PER DAY
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 to calculate due to lack of accurate
information, and that the "Amount of Liquidated Damages Per Day", as set out above, is
a reasonable forecast of just compensation due the City for harm caused by any delay.
C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall suspend
operations on such part or parts of the work ordered by any court, and will not be entitled
to additional compensation by virtue of such court order. Neither will he be liable to the
City in the vent the work is suspended by a Court Order. Neither will the Owner be liable
to the Contractor by virtue of any Court Order or action for which the Owner is not solely
responsible.
C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to suspend
the work operation wholly or in part for such period or periods of time as he may deem
necessary due to unsuitable weather conditions or any other unsuitable conditions which
in the opinion of the Owner or Engineer cause further prosecution of the work to be
unsatisfactory or detrimental to the interest of the project. During temporary suspension
of the work covered by this contract, for any reason, the Owner will make no extra
payment for stand-by time of construction equipment 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.
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 THETIME OF COMPLETION, and should it be
C7-7(5)
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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 that
construction may be resumed. Such reimbursement shall be based on actual cost to the
Contractor of moving the equipment and no profit will be allowed.
No reimbursement shall be 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.
me 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
reasonable continuity for a period of two months, the Contractor shall within seven days
notify the City in writing, giving a detailed statement of the efforts which have been made
-- and listing all necessary items of labor, materials, and equipment not obtainable. If, after
investigations, the owner finds that such conditions existing and that the inability of the
Contractor to proceed is not attributable in whole or in part to the fault or neglect of the
Contractor, than if the Owner cannot after reasonable effort assist the Contractor in
procuring and making available the necessary labor, materials, and equipment within
thirty days, the Contractor my request the owner to terminate the contract and the owner
may comply with the request, and the termination shall be conditioned and based upon a
final settlement mutually acceptable to both the Owner and the Contractor and final
payment shall be made in accordance with the terms of the agreed settlement, which shall
include. But not be limited to the payment for all work executed but not anticipated
profits on work which has not been performed.
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C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT
OF THE CONTRACT: The work operations on all or any portion or section of the
work under Contract shall be suspended immediately on written order of the Engineer or
the Contract may be declared canceled by the City Council for any good and sufficient
cause. The following, by way of example, but not of limitation, may be considered
grounds for suspension or cancellation:
a. Failure of the Contractor to commence work operations within the time
specified in the Work Order issued by the Owner.
b. Substantial evidence that progress of the work operations by the
Contractor is insufficient to complete the work within the specified time.
C7-7(6)
C. Failure of the Contractor to provide and maintain sufficient labor and
equipment to properly execute the working operations.
d. Substantial evidence that the Contractor has abandoned the work. """
e. Substantial evidence that the Contractor has become insolvent or bankrupt,
or otherwise financially unable to carry on the work satisfactorily. 14
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 at
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 canceled, the Contractor shall discontinue the work or such part thereof as the
owner shall designate, whereupon the Sureties may, at their option, assume the contract
or that portion thereof which the Owner has ordered the Contractor to discontinue, and
may perform the same or may, with written consent of the owner, sublet the work or that
portion of the work as taken over, provided however, that the Sureties shall exercise their
option, if at all, within two weeks after the written notice to discontinue the work has
been served upon the Contractor and upon the Sureties or their authorized agents. The _
Sureties, in such event shall assume the Contractor's place in all respects, and shall be
paid by the Owner for all work performed by them in accordance with the terms of the
Contract Documents. All monies remaining due the Contractor at the time of this default
shall thereupon become due and payable to the Sureties as the work progresses, subject to
all of the terms of the Contract Documents.
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C7-7(7)
In case the Sureties do not, within the hereinabove specified time, exercise their right and
option to assume the contract responsibilities, or that portion thereof which the Owner
has ordered the Contractor to discontinue, then the Owner shall have the power to
complete, by contract or otherwise, as it may determine, the work herein described or
such work thereof as it may deem necessary, and the Contractor hereto agrees that the
Owner shall have the right to take possession of and use any materials, plants, tools,
equipment, supplies, and property of any kind provided by the Contractor for the purpose
of 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
said contract expense for labor, materials, tools, equipment, and all expenses incidental
thereto. The expense so charged shall be deducted by the owner from such monies as may
be due or may become due at any time thereafter to the Contractor under and by virtue of
the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid
for the work completing the contract, but the expense to be deducted shall be the actual
cost of the owner of such work
In case such expenses shall exceed the amount which would have been payable under the
Contract if the same had been completed by the Contract, then the Contractor and his
Sureties shall pay the amount of such excess to the City on notice from the Owner of the
excess due. When any particular part of the work is being carried on by the Owner by
contract or otherwise under the provisions of this section, the Contractor shall continue
the remainder of the work in conformity with the terms of the Contract Documents and in
such a manner as to not hinder or interfere with the performance of the work by the
Owner.
C7-7.15 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:
The performance of the work under this contract may be terminated by the Owner in
whole, or from time to time in part, in accordance with this section, whenever the Owner
shall determine that such termination is in the best interest of the Owner.
A. NOTICE OF TERMINATION: Any Termination shall be effected by
mailing a notice of the termination to the Contractor specifying the extent
to which performance of work under the contract is terminated, and the
date upon which such termination becomes effective. Receipt of the notice
.w shall be deemed conclusively presumed and established when the letter is
placed in the United States Postal Service Mail by the Owner. Further, it
shall be deemed conclusively presumed and established that such
termination is made with just cause as therein stated; and no proof in any
C7-7(8)
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claim, demand or suit shall be required of the Owner regarding such 4L
discretionary action
B. CONTRACTOR ACTION: After receipt of a notice of termination, 4W
and except as otherwise directed by the Engineer, the Contractor shall:
1. Stop work under the contract on the date and to the extent Or
specified in the notice of termination;
2. place no further orders or subcontracts for materials, MF
services or facilities except as may be necessary for
completion of such portion of the work under the contract jw
as is not terminated;
3. terminate all orders and subcontracts to the extent that they ftL
relate to the performance of the work terminated by notice
of termination;
4. transfer title to the Owner and deliver in the manner, at the
times, and to the extent, if any, directed by the Engineer:
a. the fabricated or unfabricated parts, work in
progress, completed work, supplies and other
material produced as a part of, or acquired in �*
connection with the performance of, the work
terminated by the notice of the termination; and
b. The completed, or partially completed plans,
drawings, information and other property which, if
the contract had been completed, would have been
required to be furnished to the Owner.
5. complete performance of such work as shall not have been AM
terminated by the notice of termination; and
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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 too
the Contractor and in which the owner has or may acquire
the rest.
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At a time not later than 30 days after the termination date specified in the
notice of termination, the Contractor may submit to the Engineer a list,
certified as to quantity and quality, of any or all items of termination ow
inventory not previously disposed of, exclusive of items the disposition of
C7-7(9)
�- which has been directed or authorized by Engineer, Not later than 15 days
thereafter, the owner 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 settlement.
C. TERMINATION CLAIM: Within 60 days after the notice of
termination, the Contractor shall submit his termination claim to the
Engineer in the form and with the certification prescribed by the Engineer.
Unless one or more extensions in writing are granted by the Owner upon
_ request of the Contractor, made in writing within such 60-day period or
authorized extension thereof, any and all such claims shall be conclusively
deemed waived.
D. AMOUNTS: Subject to the provisions of Item C7-7.1(C), the
Contractor and the Owner may agree upon the whole or any part of the
amount or amounts to be paid to the Contractor by reason of the total or
partial termination of the work pursuant hereto; provided, that such agreed
amount or amounts shall never exceed the total contract price reduced by
the amount of payments otherwise made and as further reduced by the
contract price work not terminated. The contract shall be amended
accordingly, and the Contractor shall be paid the agreed amount. No
.. amount shall be due for lost or anticipated profits> Nothing in C7-7.16(E)
hereafter, prescribing the amount to be paid to the Contractor by reason of
the termination of work pursuant to this section, shall be deemed to limit,
restrict or otherwise determine or affect the amount or amounts which may
be agreed upon to be paid to the Contractor pursuant to this paragraph.
Im E. FAILURE TO AGREE: In the event of the failure of the Contractor
and the Owner to agree as provided in C7-7.16(D) upon the whole amount
to be paid to the Contractor by reason of the termination of the work
Ism pursuant to this section, the Owner shall determine, on the basis of
information available to it, the amount, if any, due to the Contractor by
T 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;
aw 1. all unliquidated advance or other payments on account
theretofore made to the Contractor, applicable to the
terminated portion of this contract;
C7-7(10)
u
2. any claim which the Owner may have against the
Contractor in connection with this contract; and
3. the agreed price for, or the proceeds of the sale of, any
materials, supplies or other things kept by the Contractor or
sold, pursuant to the provisions of this clause, and not
otherwise recovered by or credited to the Owner. "
G. ADJUSTMENT: If the termination hereunder be partial, prior to the
settlement of the terminated portion of this contract, the Contractor may
file with the Engineer a request in writing for an equitable adjustment of
the price or prices specified in the contract relating to the continued
portion of the contract (the portion not terminated by notice of
termination), such equitable adjustment as may be agreed upon shall be
made in such price or prices; noting contained herein, however, shall limit
the right of the owner and the Contractor to agree upon the amount or
amounts to be paid tot he Contractor for the completion of the continued
portion of the contract when said contract does not contain an established
contract price for such continued portion.
H. NO LIMITATION OF RIGHTS: Noting contained in this section shall
limit or alter the rights which the Owner may have for termination of this
contract under C7-7.14 hereof entitled "SUSPENSION OR
ABANDONMENT OF THE WORK AND ANNULMENT OF }
CONTRACT" or any other right which the Owner may have for default or
breach of contract by Contractor.
C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be
responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the work at all times and shall assume all responsibilities for
their enforcement.
The Contractor shall comply with federal, state, and local laws, ordinances, and
regulations so as to protect person and property from injury, including death, or damage
in connection with the work.
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C7-7(11)
iW PART C - GENERAL CONDITIONS
C8-8 MEASUREMENT AND PAYMENT
SECTION C8-8 MEASUREMENT AND PAYMENT
C8-8.1 MEASUREMENT OF QUANTITIES: The determination of quantities of
work performed by the Contractor and authorized by the Contract Documents acceptably
completed under the terms of the Contract Documents shall be made by the Engineer,
based on measurements made by the Engineer. These measurements will be made
according to the United States Standard Measurements used in common practice, and will
_ be the actual length, area, solid contents, numbers, and weights of the materials and item
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, finishing costs, overhead expense, bond,
insurance, patent fees, royalties, risk due to the elements and other clauses, delays,
profits, injuries, damages claims, taxcs, and all other items not specifically mentioned that
may be required to fully construct each item of the work complete in place and in a
satisfactory condition for operation.
C8-8.3 LUMP SUM: When in the Proposal a "Lump Sum" is set forth, the said
"Lump Sum" shall represent the total 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.
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C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and accept the
compensation as herein provided, in full payment for furnishing all labor, tools, materials,
and incidentals for performing all work contemplated and embraced under these Contract
Documents, for all loss and damage arising out of the nature of the work or from the
action of the elements, for any unforeseen defects or obstructions which may arise or be
encountered during the prosecution which may arise or be encountered during the
prosecution of the work at any time before its final acceptance by the Owner, (except as
provided in paragraph C5-5.14) for all risks of whatever description connected with the
prosecution of the work, for all expenses incurred by or in consequence of the suspension
or discontinuance of such prosecution of the working operations as herein specified, or
any and all infringements of patents, trademarks, copyrights, or other legal reservations,
C8-8(l)
M,
and for completing the work in an acceptable manner according to the terms of the W
Contract Documents.
The payment of any current or partial estimate prior to the final acceptance of the work by
the Owner shall in no way constitute an acknowledgment of the acceptance of the work,
materials, or equipment, nor in any way prejudice or affect the obligations of the
Contractor to repair, correct, renew, or replace at his own and proper expense any defects
or imperfections in the construction or in the strength or quality of the material used or
equipment or machinery furnished in or about the construction of the work under contract
and its appurtenances, or any damage due or attributed to such defects, which defects,
imperfections, or damage shall have been discovered on or before the final inspection and
acceptance of the work or during the one year guaranty period after the final acceptance.
The Owner shall be the sole judge of such defects, imperfections, or damage, and the
Contractor shall be liable to the Owner for failure to correct the same as provided herein.
C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the 1 " and the 5f
day of each month, the Contractor shall submit to the Engineer a statement showing an
estimate of the value of the work done during the previous month, or estimate period
under the Contract Documents. Not later than the I e day of the month, the Engineer
shall verify such estimate, and if it is found to be acceptable and the value of the work
performed since the last partial payment was made exceeds one hundred dollars ($100.00)
inn amount, 90% of such estimated sum will be paid to the Contractor if the total contract
amount is less than $400,000.00, or 95% of such estimated sum will be paid to the
Contractor if the total contract amount is $400,000.00 or greater, within twenty-five (25) ..
days after the regular estimate period. The City will have the option of preparing
estimates on forms furnished by the City. The partial estimates may include acceptable
nonperishable materials delivered to the work which are to be incorporated into the work
as a permanent part thereof, but which at the 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 verification or the preparation of partial estimates.
It is understood that partial estimates from month to month will be approximate only, all
partial monthly estimates and payment will be subject to correction in the estimate
rendered following the discovery of an error in any previous estimate, and such estimate om
shall not, in any respect, be taken as an admission of the Owner of the amount of work
done or of its quantity of sufficiency, or as an acceptance of the work done or the release
of the Contractor of any of his responsibilities under the Contract Documents. Wo
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(2)
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,.. C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or estimates may
be held in abeyance if the performance of the construction operations is not in accordance
with the requirements of the Contract Documents.
C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for by
the Contract Documents shall have been completed and all requirements of the Contract
.. Documents shall have been fulfilled on the part of the Contractor, the Contractor shall
notify the Engineer in writing that the improvements are ready for final inspection. The
Engineer shall notify the appropriate officials of the Owner, will within a reasonable time
make such final inspection, and if the work is satisfactory, in an acceptable condition, and
has been completed in accordance with the terms of the Contract Documents and all
approved modifications thereof, the Engineer will initiate the processing of the final
.. estimate and recommend final acceptance of the project and final payment thereof as
outlines in paragraph C8-8.8 below.
C8-8.8 FINAL PAYMENT: Whenever all the improvements provided for by the
Contract Documents and all approved modifications thereof shall have been completed
and all requirements of the Contract Documents have been fulfilled on the part of the
Contractor, a final estimate showing the value of the work will be prepared by the
Engineer as soon as the necessary measurements, computations, and checks can be made.
All prior estimates upon which payment has been made are subject to necessary
corrections or revisions in the final payment.
i
The amount of the final estimate, less previous payments and any sums that have been
deducted or retained under the provisions of the Contract Documents, will be paid to the
Contractor within 60 days after the final acceptance by the Owner on a proper resolution
of the City Council, provided the Contractor has furnished to the owner satisfactory
evidence of compliance as follows: Prior to submission of the final estimate for payment,
the Contractor shall execute an affidavit as furnished by the City, certifying that;
A. all persons, firms, associations, corporations, or other organizations
furnishing labor and/or materials have been paid in full,
B. that the wage scale established by the City Council in the City of Fort
Worth has been paid, and
C. that there are no claims pending for personal injury and/or property
damages.
i The acceptance by the Contractor of the last or final payment as aforesaid shall operate as
and shall release the owner from all claims or liabilities under the Contract for anything
done or furnished or relating to the work under the Contract Documents or any act or
— neglect of said City relating to or connected with the Contract.
C8-8(3)
be
The making of the final payment by the Owner shall not relieve the Contractor of any so
guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner believes it
has employed competent engineers and designers to prepare the Contract Documents and
all modifications of the approved Contract Documents. It is, therefore, agreed that the
Owner shall be responsible for the adequacy of its own design features, sufficiency of the
Contract Documents, the safety of the structure, and the practicability of the operations of _
the completed project, provided the Contractor has complied with the requirements of the
said Contract Documents, all approved modifications thereof, and additions and
alterations thereof approved in writing by the Owner. The burden of proof of such
compliance shall be upon the Contractor to show that he has complied with the Contract
Documents, approved modifications thereof, and all alterations thereof.
No
C8-8.10 GENERAL GUARANTY: 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 the 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 the other
work resulting therefrom which shall appear within a period of one year from the date of
final acceptance of the work unless a longer period is specified and shall furnish a good
and sufficient maintenance bond in the amount of 100 percent of the amount of the
contract which shall assure the performance of the general guaranty as above outlined.
The Owner will give notice of observed defects with reasonable promptness.
C8-8.11 SUBSIDIARY WORK: Any and all work specifically governed by
documentary requirements for the project, such as conditions imposed by the Plans, the
General Contract Documents or these Special Contract Documents, in which no specific
item for bid has been provided for in the Proposal, shall be considered as a subsidiary
item of work, the cost of which shall be included in the price bid in the Proposal, for each _
bid item. Surface restoration, rock excavation and cleanup are general items of work
which fall in the 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: The Contractor shall keep on record a copy hmp
of all specifications, plans, addenda, modifications, shop drawings and samples at the
C8-8(4)
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.. 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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C8-8(5)
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SUPPLEMENTARY CONDITIONS
FORT WORTH, WATER DEPARTMENT
WATER AND WASTEWATER TREATMENT PLANT PROJECTS
October 1, 2008
1. CONTRACT DOCUMENTS: In Section C1-1.2 CONTRACT DOCUMENTS,
delete Paragraph C1-1.2b SPECIAL CONTRACT DOCUMENTS and add the following:
"b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are
prepared for each specific project as a supplement to the General Contract Documents
and include the following items:
PART A - NOTICE TO BIDDERS (Advertisement)
SPECIAL INSTRUCTION TO BIDDERS
PART B - PROPOSAL (Bid)
M/WBE BID SPECIFICATIONS
PART C - GENERAL CONDITIONS
PART CS- SUPPLEMENTARY CONDITIONS
PART D - SPECIAL CONDITIONS
PART E - TECHNICAL SPECIFICATIONS
PERMITS/EASEMENTS (Some Permits are Multicolored)
PART F - BONDS AND INSURANCE
PART G - CONTRACT
PART H - PLANS/FIGURES (may be bound separately)
White
White
White
Golden Rod
Canary Yellow
Green
Green
White
White
White
White
White"
2. DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: Delete entire
Paragraph C1-1.17, and replace with the following:
C1-1.17 DIRECTOR OF TRANSPORATION AND PUBLIC WORKS: The
officially appointed Director of the Transportation and Public Works Department of
the City of Fort Worth, or his duly authorized representative, assistant, or agents.
3. ENGINEER: Delete entire Paragraph C1-1.19, and replace with the following:
The Director of Fort Worth Transportation and Public Works Department, 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.
4. PROPOSAL FORM: In Section C2-2.1, Paragraph 1, revise lav4 sentence to read as
follows: "The Bidder shall furnish a Financial Statement, Equipment Schedule, and
Experience Record, all of which must be properly executed and filed with the Director of
the Water Department one week prior to the hour for opening of bids. Information shall
be on forms provided by the Bidder and acceptable to the City.
CS-1
5. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: In
Section C2-2.3, Paragraph 2, add the following to the last sentence: "except for changes
in the site conditions caused by factors outside of the control of the Contractor which
occur after the Contractor's inspection and prior to installation."
6. INTERPRETATION AND PREPARATION OF PROPOSAL: Part C - General
Conditions, Section C2-2, exchange Paragraphs C2-2.7, C2-2.8, and C2-2.9 with the
following:
C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is
delivered, accompanied by its proper Bid Security and other required material, to the
Purchasing Manager or his representative at the official location and stated time set
forth in the proposal at the proper time to the proper place. The mere fact that a
proposal was dispatched will not be considered. The Bidders must have the proposal
actually delivered. Each proposal shall be in a sealed envelope plainly marked with
the word "PROPOSAL" and the name or description of the project designated in the
"Notice To Bidders". The envelope shall be addressed to the Purchasing Manager,
City of Fort Worth Purchasing Division, PO Box 17027, Fort Worth, Texas 76102."
C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the
Purchasing Manager cannot be withdrawn prior to the time set for the opening of
proposals. A request for non consideration of a proposal must be made in writing,
addressed to the City Manager, and filed with him prior to the time set for the opening
of proposals. After all proposals not requested for non -consideration are opened and
publicly read aloud, the proposals for which non -consideration requests have been
properly filed may, at the option of the Owner, be returned unopened.
C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may
modify his proposal by telegraphic communication at any time prior to the time set for
opening proposals, provided such telegraphic communication is received by the
Purchasing Manager prior to the said proposal opening time, and provided further,
that the City Manager is satisfied that a written and duly authenticated confirmation of
such telegraphic communication over the signature of the bidder was mailed prior to
the proposal opening time. If such confirmation is not received within forty-eight
(48) hours after the proposal opening time, no further consideration will be given to
the proposal.
7. MINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE
COMPLIANCE: Delete entire Paragraph C3-3.2, and replace with the following:
C3-3.2 MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with
City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the
participation of minority business enterprises and women business enterprises in City
contracts. A copy of the Ordinance can be obtained from the Office of the City
Secretary. The bidder shall submit the MBE/WBE SUBCONTRACTOR/SUPPLIER
UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the
CS-2
GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT
VENTURE FORM as appropriate. The Documentation must be received by the
managing department no later than 5:00 p.m, five (5) City business days after the bid
opening date. The bidder shall obtain a receipt from the appropriate employee of the
managing department to whom delivery was made. Such receipt shall be evidence
that the documentation was received by the City. Failure to comply shall render the
bid non -responsive.
Upon request, Contractor agrees to provide the Owner complete and accurate
information regarding actual work performed by a minority business enterprise
(MBE) and/or women business enterprise (WBE) on the contract and payment
thereof. Contractor further agrees to permit any audit and/or examination of any
books, records or files in its possession that will substantiate the actual work
performed by an MBE and/or WBE. The misrepresentation of facts (other than a
negligent misrepresentation) and/or commission of fraud by the Contractor will be
grounds for termination of the contract and/or initiating action under appropriate
Federal, State or local laws or ordinances relating to false statements. Further, any
such misrepresentation facts (other than a negligent misrepresentation) and/or
commission of fraud will result in the Contractor being determined to be irresponsible
and barred from participating in City work for a period of time of not less that three
(3) years.
8. C3-3.5 AWARD OF CONTRACT is modified to read as follows:
"The Owner reserves the right to withhold final action on the proposals for a
reasonable time, not to exceed the period stated for the duration of the Bid Security
stated in the Notice to Bidders or 90 days, whichever is shorter."
' 9. C3-3.7 BONDS. For the Paragraph after Paragraph C3-3.7d OTHER BONDS, which
begins with "No sureties", change the entire paragraph to read as follows:
"In order for a surety to be acceptable to the City, the surety must (1) hold a certificate
of authority from the United States Secretary of the Treasury to qualify as a surety on
obligations permitted or required under federal law; or (2) have obtained reinsurance
for any liability in excess of $100,000 from a reinsurer that is authorized and admitted
as a reinsurer in the state of Texas and is the holder of a certificate of authority from
the United States Secretary of the Treasury to qualify as a surety on obligations
permitted or required under federal law. Satisfactory proof of any such reinsurance
shall be provided to the City upon request. The City, in its sole discretion, will
determine the adequacy of the proof required herein. Each bond shall be properly
executed by both the Contractor and the Bonding Company."
CS-3
10. INSURANCE. Delete entire Paragraph C3-3.11 INSURANCE, and replace with the
following::
C3-3.11INSURANCE: The Contractor shall not commence work under this
contract until he has obtained all insurance required under the Contract Documents,
and such insurance has been approved by the Owner and certificates of Insurance
shall be delivered to the Owner (City of Fort Worth, Contract Administrator in the
respective department as specified in the bid documents, 1000 Throckmorton Street,
Fort Worth, Texas 76102) prior to commencement of work on the contract project.
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.
The General Contractor may require all subcontractors to be insured and submit
documentation ensuring that the requirements of C3-3.11 are met for all
subcontractors. Failure of the Owner to request required documentation, shall not
constitute a waiver of the insurance requirements specified herein. The Contractor's
liability shall not be limited to the specified amounts of insurance required herein.
a. COMPENSATION INSURANCE: The Contractor shall maintain,
during the life of this contract, Worker's Compensation Insurance on all of
his employees to be engaged in work on the project under this contract,
and for all sub -contractors. In case any class of employees engaged in
hazardous work on the project under this contract is not protected under
the Worker's Compensation Statute, the Contractor shall provide adequate
employer's general liability insurance for the protection of such of his
employees not so protected. Worker's compensation insurance covering
employees in the project site shall be indorsed with a waiver of
subrogation providing rights of recovery in favor of the OWNER.
b. COMMERICAL GENERAL LIABILITY INSURANCE: The Contractor
Shall procure and shall maintain during the life of this contract, General
Liability Insurance (Public Liability and Property Damage Insurance) in
the amount not less than $500,000 covering each occurrence/aggregate on
account of bodily injury, including death, and in an amount not less than
$500,000 covering each occurrence/aggregate on account of property
damage with $2,000,000 umbrella policy coverage. Certificates of
insurance shall state that Insurance is on an "occurrence" basis. Certificate
shall also contain a statement that no exclusions by endorsement have
been made to the Commercial General Liability Policy.
C. ADDITIONAL LIABILITY: The Contractor shall furnish
insurance as a separate policies or by additional endorsement to one of the
above -mentioned policies, and in the amount as set forth for public
liability and property damage, the following insurance:
CS-4
1. Contingent Liability (covers General Contractor's Liability for acts
of sub -contractors).
2. Blasting, prior to any blasting being done.
3. Collapse of buildings or structures adjacent to excavation Lif
excavation are performed adjacent to same).
4. Damage to underground utilities for $500,000.
5. Builder's risk (where above -ground structures are involved).
6. Contractual Liability (covers all indemnification requirements of
Contract). The City, its offices, employees and servants shall be
endorsed as additional insured on Contractor's insurance policies
excepting employer's liability insurance coverage under
Contractor's worker's compensation insurance policy. Contractor's
insurance policies shall be indorsed to provide that such insurance
is primary protection and any self -funded or commercial coverage
maintained by the OWNER shall not be called upon to contribute
to loss recovery.
7. When required by the Contract Documents, Environmental
Impairment Liability Coverage must be provided in the limits of
$1,000,000 per occurrence and $2,000,000 annual aggregate. The
Environmental Impairment Liability (EIL) must contain coverage
for sudden and accidental contamination or pollution, liability for
gradual emissions, and clean-up costs. The EIL coverage shall
include two year completed operations coverage on a per Project
4 basis. A separate insurance policy may be needed to fulfill this
requirement. EIL for damages incurred in the course of
transporting sludge shall be covered under the contractor's
insurance policy(s).
d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY
DAMAGE: The Contractor shall procure and maintain during the life of
this Contract, Comprehensive Automobile Liability Insurance in an
amount not less than $250,000 for injuries including accidental death to
any one person and subject to the same limit for each person an amount
not less than $500,000 aggregate on account of one accident, and
automobile property damage insurance in an amount not less than
$100,000 aggregate.
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
CS-5
claims which may arise from operations under this contract, whether such
operations be by the insured or by anyone directly or indirectly employed
by him, and also against any of the following special hazards which may
be encountered in the performance of the Contract.
f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish
the owner with satisfactory proof of coverage by insurance required in
these Contract Documents in the amounts and by carriers satisfactory to
the Owner. (Sample attached.) Other than Worker's Compensation
Insurance, in lieu of specified insurance, the City may consider alternative
coverage or risk treatment measures through insurance pools or risk
retention groups. The City must approve in writing any alternative
coverage. All insurance requirements made upon the Contractor shall
apply to the sub -contractors, should the Prime Contractor's insurance not
cover the sub -contractor's work operations.
g. DEDUCTIBLE LIMITS. The deductible limits or self -funded retention
limits, on each policy must not exceed $10,000 per occurrence unless
otherwise approved by the City.
h. INSURANCE COMPANY: The insurance company with whom the
Contractor's insurance is written shall be authorized to do business in the
State of Texas and shall have a current A.M. Best Rating of "A:VII" or
equivalent measure of financial strength and solvency.
i. NOTIFICATION. During the lifetime of this contract, the Contractor shall
notify the ENGINEER in writing, of any known loss occurrence that could
give rise to a liability claim or lawsuit or which could result in a property
loss.
j. CANCELLATION. Insurance shall be endorsed to provide the City with a
minimum of thirty days notice of cancellation, non -renewal and/or
material change in insurance policy terms or coverage. A minimuml0 day
notice shall be acceptable in the event of non-payment of insurance
premium to insurance company.
CITY RESPONSIBILITIES. The City shall not be responsible for direct payment of
insurance premium costs for Contractor's Insurance.
11 C3-3.13 WAGE RATES: Delete Paragraph C3-3-13 WEEKLY PAYROLLS in its
entirety and replace with C3-3-13 WAGE RATES as shown below:
"The Contractor shall comply with all requirements of Chapter 2258, Texas
Government Code, including the payment of not less than the rates determined by the
City Council of the City of Fort Worth to be the prevailing wage rates in accordance
with Chapter 2258, Texas Government Code. Such prevailing wage rates are included
in these contract documents.
CS-6
The Contractor, for a period of three (3) years following the date of acceptance of the
work, maintain records that show (i) that name and occupation of each worker
employed by the contractor in the construction of the work provided for in this
contract; (ii) the actual per diem wages paid to each worker. These records shall be
open, all reasonable hours, for inspection by the City. The provisions of Section C8-8-
14, RIGHT TO AUDIT, pertain to this inspection.
The Contractor shall include in its subcontract's and/or shall otherwise require all of
its subcontractors to comply with paragraphs above.
With each partial payment estimate or payroll period, whichever is less, an affidavit
stating that the contractor has complied with the requirements of Chapter 2258, Texas
Government Code.
The Contractor shall post the prevailing wage rates in a conspicuous place at the site
of the project at all times."
12. INCREASED OR DECREASED QUANTITIES: Revise Paragraph C4-4.3 to read as
follows:
The Owner reserves the right to alter the quantities of the work to be performed or to
extend or shorten the improvements at any time when and as found to be necessary,
and the Contractor shall perform the work as altered, increased or decreased at the
unit prices established in the contract documents. No allowance will be made for any
changes in lost or anticipated profits not shall such changes be considered as waiving
or invalidating any conditions or provisions of the Contract Documents.
Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted
herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but
not to the various depth categories.
A 13. LIMITATION OF INCIDENTAL CHARGES (Reference C4-4.5c):
The Contractor agrees that should any change in the work of extra work be ordered, the
following applicable percentage shall be added to Material and Labor Costs to cover
overhead and profit:
1. Allowance to the Contractor for overhead and profit for extra work performed by
the Contractor's own forces shall not exceed 15%.
2. Allowance to the Contractor for overhead and profit for extra work performed by a
subcontractor and supervised by the Contractor shall not exceed 10%.
Contractor shall be reimbursed for direct field overhead when the change requires an
extension of the Contract period. Contractor shall not be reimbursed for indirect
overhead or indirect costs related to changes to this contract.
CS-7
14. TESTING COSTS: Paragraph 5-5.12, revise the first sentence to read as follows:
"Where, 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 by the Contractor
unless otherwise specifically provided for in the Technical Specifications."
15. LAWS TO BE OBSERVED: Paragraph C6-6.1, delete "or which may be enacted
later". After the word "exist," add "at the time of the Contract or may be hereafter exist
during the performance of the Contract."
16. BUILDING PERMITS: Paragraph C6-6.2 Insert the following at the end of the
paragraph;
"Contractors are responsible for obtaining all construction permits from the governing
agencies. Contractor shall schedule all code inspections with the Code Inspection
Department in accordance with the permit requirements and submit copy of updated
schedule to the Engineer weekly. Building, plumbing, electrical and mechanical
building permits are issued without charge. Water and sewer access fees will be paid
by the Water Department. Any other permit fees are the responsibility of the
Contractor."
17. BARRICADES, WARNINGS AND FLAGMEN: In Paragraph C6-6.8, replace the
word "watchmen" wherever in appears with the word "flagmen". In the first paragraph,
lines five (5) and six (6), replace "take all such other precautionary measures" with "take
all reasonable necessary measures".
18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Delete entire
Paragraph C6-6.12, and replace with the following:
"C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS:
Contractor covenants and agrees to indemnify the City' Engineer and Architect, and
their personnel at the project site for the Contractor's sole negligence. In addition, the
Contractor covenants and agrees to indemnify, hold harmless and defend at its own
expense, the Owner, its officers, agents, servants, and employees, from and against all
claims or suits for property loss, property damage, personal injury, including death,
arising out of, or alleged to arise of, the work and services to be performed hereunder
by the Contractor, its officers, agents, employees subcontractors, licensees or invitees,
whether or not anv such iniurv, damage or death is caused, in whole or in part, by
the negligence or alleged negligence of the Owner, its officers, agents, servants, or
emplovees. Contractor likewise covenants and agrees to indemnify and hold harmless
Owner from and against any and all injuries to the Owner's officers, agents, servants,
and employees, loss or destruction of property of the Owner arising form the
performance of any of the terms and conditions of this Contract, whether or not anv
such iniury or damage is caused, in whole or in part, by the negligence or alleged
negligence of the Owner, its officers, agents, servants, or emplovees
CS-8
In the event the Owner receives a written claim for damages against the Contractor or
its subcontractors prior to final payment, final payment shall not be made until the
Contractor either (a) submits to the Owner satisfactory evidence that the claim has
been settled and/or a release from the claimant involved, or (b) provides the Owner
with a letter from the Contractor's liability insurance carrier that the claim has been
referred to the insurance carrier.
The Director may, if he deems it appropriate, refuse to accept bids on other City of
Fort Worth public work from a Contractor against whom a claim for damages is
outstanding as a result of work performed under a City Contract."
19. STATE SALES TAX:
A. Delete Paragraph C6-6.21 STATE SALES TAX in its entirety.
B. This contract is issued by an organization, which qualifies for exemption pursuant
to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise, and Use Tax
Act. All equipment and materials not consumed by or incorporated into the project
construction are subject to State Sales Tax under House Bill 11, enacted August 15,
1991. All such taxes shall be included in the various amounts on the Proposal Form.
The successful Bidder shall be required to submit a breakdown between costs of labor,
consumable material and other construction costs and costs of material incorporated
into the project construction prior to execution of this contract.
B. At the time of execution of the Contract Documents by the Contractor, the
Contractor shall complete the "Statement of Materials and Other Charges" which
identifies the project costs anticipated in the Project into "Materials Incorporated into
the Project" and "All Other Charges". The Contract shall be a "Separated Contract".
C. The City of Fort Worth will issue appropriate Certificates of Resale to the
Contractor.
D. All Change Orders to the Contract will separate charges for materials and labor
and will contain the following statement:
"For purposes of complying with Texas Tax Code, the Contractor agrees that the
charges for material incorporated into the project in excess of the estimated quantity
provided for herein will be no less than the invoice price for such material to the
Contractor."
20 AIR POLLUTION WATCH DAYS: Add the following to Section C7-7:
r. C7-7.18 AIR POLLUTION WATCH DAYS: The Contractor shall be required to
observe the following guidelines relating to working on City construction sites on
days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE
SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with
6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME
CS-9
..
PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT
LEADS TO EARLY AFTERNOON OZONE FORMATION..
The Texas Commission on Environmental Quality (TCEQ), in coordination with the
National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the
afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the
Contractor shall bear the responsibility of being aware that such days have been
designated Air Pollution Watch Days and as such shall not begin work until 10:00
a.m. whenever construction phasing requires the use of motorized equipment for
periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00
a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and
certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel
(ULSD), diesel emulsions, or alternative fuels such as CNG.
If the Contractor is unable to perform continuous work for a period of at least seven
hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution
Watch Day, that day will be considered as a weather day and added onto the allowable
weather days of a given month.
21. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4 SCOPE OF PAYMENT in its
entirety and replace with the following:
"The Contractor shall receive and accept the compensation as herein provided, in full
payment for furnishing all labor, tools, materials, and incidentals for performing all
work contemplated and embraced under these Contract Documents, for all loss and
damage arising out of the nature of the work or from the action of the elements, for
any unforeseen defects or obstructions which may arise or be encountered during the
prosecution which may arise or be encountered during the prosecution of the work at
any time before its final acceptance by the Owner, (except as provided in paragraph
C5-5.14) for all risks of whatever description connected with the prosecution of the
work, for all expenses incurred by or in consequence of the suspension or
discontinuance of such prosecution of the working operations as herein specified, or
any and all infringements of patents, trademarks, copyrights, or other legal
reservations, and for completing the work in an acceptable manner according to the
terms of the Contract Documents.
The payment of any current or partial estimate prior to the final acceptance of the
work by the Owner shall in no way constitute an acknowledgment of the acceptance
of the work, materials, or equipment, nor in any way prejudice or affect the
obligations of the Contractor to repair, correct, renew, or replace at his own and
proper expense any defects or imperfections in the construction or in the strength or
quality of the material used or equipment or machinery furnished in or about the
construction of the work under contract and its appurtenances, or any damage due or
attributed to such defects, which defects, imperfections, or damage shall have been
discovered on or before the final inspection and acceptance of the work or during the
two (2) year guaranty period after the final acceptance. The Owner shall be the sole
CS-10
judge of such defects, imperfections, or damage, and the Contractor shall be liable to
the Owner for failure to correct the same as provided herein."
22. PARTIAL PAYMENTS: Change Paragraph C8-8.5 to read as follows:
"Partial pay estimates shall be submitted by the Contractor 5th day and the 20th day
of the month that work has been is in progress. The estimate shall be processed by the
City on the 1 Oth day and 25th day respectively. Estimates will be paid within 25 days
following the end of the estimate period, less the appropriate retainage as set out
below. Partial pay estimates may include acceptable nonperishable materials delivered
to the work place which are to be incorporated into the work as a permanent part
thereof, but which at the time of pay estimate have not been so installed. If such
materials are included within a pay estimate, payment shall be based upon 85% of the
net invoice value thereof. The Contractor will furnish the engineer such information
as may be reasonably requested to aid in the verification or the preparation of the pay
estimate.
For contracts of less than $400,000.00 at the execution, retainage shall be ten percent
(10%). For contracts of $400,000.00 or more at the time of execution, retainage shall
be five percent (5%).
Contractor shall pay subcontractors in accord with subcontract agreement, within five
(5) business days after receipt by the Contractor of the payment by the City.
Contractor's failure to make the required payment to subcontractors will authorize the
City to withhold future payments from the Contractor until compliance with this
paragraph is accomplished.
It is understood that the partial pay estimates will be approximate only, and all partial
`m pay estimates and payment of the same will be subject to correction in the estimate
rendered following the discovery of an error in any previous estimate. Payment of any
partial pay 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 partial estimate if the
Contractor fails to perform the work in strict accordance with the specifications or
other provisions of this Contract."
23. GENERAL GUARANTY. Delete Paragraph C8-8.10 GENERAL GUARANTY in
its entirety and replace with the following:
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 the 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
CS-11
damages in the work and pay for any damage to the other work resulting therefrom
which shall appear within a period of two (2) years from the date of final acceptance
of the work unless a longer period is specified and shall furnish a good and sufficient
maintenance bond in the amount of 100 percent of the amount of the contract which
shall assure the performance of the general guaranty as above outlined. The Owner
will give notice of observed defects with reasonable promptness.
Any reference to any shorter period of time of warranty contained elsewhere within
the specifications shall be resolved in favor of this specification, it being the City's
intent that the Contractor guarantee its work for a period of two (2) years following
the date of acceptance of the project.
24. RIGHT TO AUDIT: Add the following to Section C8-8:
C8-8.14 RIGHT TO AUDIT:
"(a) The Contractor agrees that the City shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers, and records of the
Contractor involving transactions relating to this Contract. Contractor agrees that the
City shall have access during normal working hours to all necessary Contractor
facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this section. The City shall give
Contractor reasonable advance notice of intended audits.
(b) Contractor further agrees to include in all its subcontracts hereunder a provision
to the effect that the subcontractor agrees that the City shall, until the expiration of
three (3) years after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers, and records
of such subcontractor, involving transactions to the subcontract, and further, that City
shall have access during normal working hours to all subcontractor facilities, and
shall be provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this article together with subsection (c) hereof. The
City shall give subcontractor reasonable advance notice of intended audits.
(c) Contractor and subcontractor agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse contractor for the cost of the
copies as follows:
1. 50 Copies and Under - 10 cents per page.
2. More than 50 copies - 85 cents for the first page plus fifteen cents for each page
thereafter." (5/25/93)
CS-12
25. SCHEDULE OF COSTS: Add the following to Section C8-8:
C8-8.15 SCHEDULE OF COSTS: Following the completion of all work on the
Project and prior to submittal of a request for final payment, the Contractor shall
provide a Schedule of Costs to City for approval which lists all equipment systems,
structures, building electrical and HVAC systems, overhead and project related costs.
The items will be grouped into categories using the Owner's list of category codes
which will be provided by the Owner at the Preconstruction Conference.
The Schedule of Costs will be used by the City as input to the Capital Assets System,
and will not be considered in preparation of modifications to the Contract. Costs
associated with the preparation and processing of this schedule of costs shall be
subsidiary to the price bid.
The Contractor will also provide a projected payment schedule tied to the project
schedule and the schedule of values which projects the monthly payments through the
end of the Project. The Payment schedule must be submitted along with the first
request for payment. This information is necessary to arrange financing of the Project
by the City.
END OF SECTION
CS-13
*■ D-1 GENERAL:
Subject to modifications as herein contained, the Fort Worth Water Department's General
Contract Documents and General Specifications. effective July 1, 1978, are made part of
the Contract Documents for this Project. The Plans, Special conditions and Provisions
Documents, and the rules, regulations, requirements, instructions, drawings and details
referred to by manufacturer's name, number or identification included therein as
specifying, referring or implying product control, performance, quality, or other shall be
binding upon the Contractor. The Specifications and drawings shall be considered
cooperative; therefore, work or material called for by one and not shown or mentioned in
the other shall be accomplished or furnished in a faithful manner as though required by
all. The order or precedence in case of conflicts or discrepancies between various parts of
the Contract Documents subject to the ruling of the Engineer shall generally, but not
necessarily, follow the guidelines listed below:
1. Plans
2. Special Contract Documents
3. General Contract Documents and General Specifications
The following Special Conditions shall be applicable to this project and shall govern any
conflicts with the General Contract documents under the provisions stated above.
D-2 PROJECT DESIGNATION:
Construction under these Special Documents shall be performed under the Fort Worth
Water Department Project Designations:
Water Project Number ,
VW Sewer Project Number , and/or
Other
D-4 PROJECT SIGNS:
Project Signs are required at all locations which will be under construction for more than
thirty (30) calendar days as indicated in Part B Proposal. Project Signs shall be in
�w accordance with Figure 30 (dated 8-28-89) of the General Contract Documents. The
signs may be mounted on skids or on posts. The exact locations and methods of
mounting shall be approved by the engineer. Any and all costs for the required materials,
labor, and equipment necessary for the furnishing of Project Signs shall be considered as
a subsidiary cost of the project and no additional compensation will be allowed.
D-5 CITY FURNISHED MATERIALS:
For water projects, the City will furnish "pipe cleaning pigs," chlorine gas or chlorinated
lime (HTH) and all water for initial cleaning and sterilization of water lines. All other
materials for construction of the project, including water for compaction, shall be
furnished by the Contractor.
MW
SUPPLEMENTARY CONDITIONS
FORT WORTH, WATER DEPARTMENT
WATER AND WASTEWATER TREATMENT PLANT PROJECTS
October 1, 2008
VW
1. CONTRACT DOCUMENTS: In Section C 1-1.2 CONTRACT DOCUMENTS,
delete Paragraph C1-1.2b SPECIAL CONTRACT DOCUMENTS and add the following:
"b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are
prepared for each specific project as a supplement to the General Contract Documents
_
and include the following items:
PART A - NOTICE TO BIDDERS (Advertisement)
White
SPECIAL INSTRUCTION TO BIDDERS
White
PART B - PROPOSAL (Bid)
White
'
M/WBE BID SPECIFICATIONS
Golden Rod
PART C - GENERAL CONDITIONS
Canary Yellow
PART CS- SUPPLEMENTARY CONDITIONS
Green
PART D - SPECIAL CONDITIONS
Green
j
PART E - TECHNICAL SPECIFICATIONS
White
PERMITS/EASEMENTS (Some Permits are Multicolored)
White
PART F - BONDS AND INSURANCE
White
PART G - CONTRACT
White
PART H - PLANS/FIGURES (may be bound separately)
White"
2. DIRECTOR OF TRANSPORATION AND PUBLIC
WORKS: Delete entire
Paragraph C1-1.17, and replace with the following:
F
C1-1.17 DIRECTOR OF TRANSPORATION AND
PUBLIC WORKS: The
officially appointed Director of the Transportation and Public Works Department of
VW
the City of Fort Worth, or his duly authorized representative,
assistant, or agents.
k.
3. ENGINEER: Delete entire Paragraph C1-1.19, and replace with the following:
..
The Director of Fort Worth Transportation and Public
Works Department, 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.
..
4. PROPOSAL FORM: In Section C2-2.1, Paragraph 1, revise last sentence to read as
to follows: "The Bidder shall furnish a Financial Statement, Equipment Schedule, and
Experience Record, all of which must be properly executed and filed with the Director of
the Water Department one week prior to the hour for opening of bids. Information shall
be on forms provided by the Bidder and acceptable to the City.
f
ft-
CS-1
5. EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: In
" Section C2-2.3, Paragraph 2, add the following to the last sentence: "except for changes
in the site conditions caused by factors outside of the control of the Contractor which
occur after the Contractor's inspection and prior to installation."
6. INTERPRETATION AND PREPARATION OF PROPOSAL: Part C - General
* Conditions, Section C2-2, exchange Paragraphs C2-2.7, C2-2.8, and C2-2.9 with the
following:
C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is
delivered, accompanied by its proper Bid Security and other required material, to the
Purchasing Manager or his representative at the official location and stated time set
forth in the proposal at the proper time to the proper place. The mere fact that a
` proposal was dispatched will not be considered. The Bidders must have the proposal
actually delivered. Each proposal shall be in a sealed envelope plainly marked with
the word "PROPOSAL" and the name or description of the project designated in the
"Notice To Bidders". The envelope shall be addressed to the Purchasing Manager,
City of Fort Worth Purchasing Division, PO Box 17027, Fort Worth, Texas 76102."
Wff
C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the
Purchasing Manager cannot be withdrawn prior to the time set for the opening of
proposals. A request for non consideration of a proposal must be made in writing,
addressed to the City Manager, and filed with him prior to the time set for the opening
of proposals. After all proposals not requested for non -consideration are opened and
publicly read aloud, the proposals for which non -consideration requests have been
properly filed may, at the option of the Owner, be returned unopened.
C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may
• modify his proposal by telegraphic communication at any time prior to the time set for
opening proposals, provided such telegraphic communication is received by the
Purchasing Manager prior to the said proposal opening time, and provided further,
that the City Manager is satisfied that a written and duly authenticated confirmation of
such telegraphic communication over the signature of the bidder was mailed prior to
the proposal opening time. If such confirmation is not received within forty-eight
(48) hours after the proposal opening time, no further consideration will be given to
„w the proposal.
FT 7. MINORITY BUSINESS ENTERPRISE/WOMEN BUSINESS ENTERPRISE
.. COMPLIANCE: Delete entire Paragraph C3-3.2, and replace with the following:
C3-3.2 MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with
.. City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the
_ participation of minority business enterprises and women business enterprises in City
contracts. A copy of the Ordinance can be obtained from the Office of the City
Secretary. The bidder shall submit the MBE/WBE SUBCONTRACTOR/SUPPLIER
UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the
%W
CS-2
GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT
VENTURE FORM as appropriate. The Documentation must be received by the
managing department no later than 5:00 p.m, five (5) City business days after the bid
opening date. The bidder shall obtain a receipt from the appropriate employee of the
managing department to whom delivery was made. Such receipt shall be evidence
that the documentation was received by the City. Failure to comply shall render the
bid non -responsive.
Upon request, Contractor agrees to provide the Owner complete and accurate
information regarding actual work performed by a minority business enterprise
■• (MBE) and/or women business enterprise (WBE) on the contract and payment
thereof. Contractor further agrees to permit any audit and/or examination of any
books, records or files in its possession that will substantiate the actual work
performed by an MBE and/or WBE. The misrepresentation of facts (other than a
negligent misrepresentation) and/or commission of fraud by the Contractor will be
grounds for termination of the contract and/or initiating action under appropriate
Federal, State or local laws or ordinances relating to false statements. Further, any
such misrepresentation facts (other than a negligent misrepresentation) and/or
commission of fraud will result in the Contractor being determined to be irresponsible
and barred from participating in City work for a period of time of not less that three
(3) years.
a* 8. C3-3.5 AWARD OF CONTRACT is modified to read as follows:
.M "The Owner reserves the right to withhold final action on the proposals for a
reasonable time, not to exceed the period stated for the duration of the Bid Security
stated in the Notice to Bidders or 90 days, whichever is shorter."
9. C3-3.7 BONDS. For the Paragraph after Paragraph C3-3.7d OTHER BONDS, which
begins with "No sureties", change the entire paragraph to read as follows:
"In order for a surety to be acceptable to the City, the surety must (1) hold a certificate
of authority from the United States Secretary of the Treasury to qualify as a surety on
.,, obligations permitted or required under federal law; or (2) have obtained reinsurance
for any liability in excess of $100,000 from a reinsurer that is authorized and admitted
as a reinsurer in the state of Texas and is the holder of a certificate of authority from
the United States Secretary of the Treasury to qualify as a surety on obligations
permitted or required under federal law. Satisfactory proof of any such reinsurance
shall be provided to the City upon request. The City, in its sole discretion, will
determine the adequacy of the proof required herein. Each bond shall be properly
executed by both the Contractor and the Bonding Company."
CS-3
ws
10. INSURANCE. Delete entire Paragraph C3-3.11 INSURANCE, and replace with the
following::
tow C3-3.11INSURANCE: The Contractor shall not commence work under this
contract until he has obtained all insurance required under the Contract Documents,
and such insurance has been approved by the Owner and certificates of Insurance
shall be delivered to the Owner (City of Fort Worth, Contract Administrator in the
respective department as specified in the bid documents, 1000 Throckmorton Street,
Fort Worth, Texas 76102) prior to commencement of work on the contract project.
.. 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
New 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.
The General Contractor may require all subcontractors to be insured and submit
documentation ensuring that the requirements of C3-3.11 are met for all
subcontractors. Failure of the Owner to request required documentation, shall not
constitute a waiver of the insurance requirements specified herein. The Contractor's
liability shall not be limited to the specified amounts of insurance required herein.
a. COMPENSATION INSURANCE: The Contractor shall maintain,
'* during the life of this contract, Worker's Compensation Insurance on all of
his employees to be engaged in work on the project under this contract,
and for all sub -contractors. In case any class of employees engaged in
.. hazardous work on the project under this contract is not protected under
the Worker's Compensation Statute, the Contractor shall provide adequate
�. employer's general liability insurance for the protection of such of his
employees not so protected. Worker's compensation insurance covering
employees in the project site shall be indorsed with a waiver of
subrogation providing rights of recovery in favor of the OWNER.
b. COMMERICAL GENERAL LIABILITY INSURANCE: The Contractor
Shall procure and shall maintain during the life of this contract, General
Liability Insurance (Public Liability and Property Damage Insurance) in
the amount not less than $500,000 covering each occurrence/aggregate on
.. account of bodily injury, including death, and in an amount not less than
$500,000 covering each occurrence/aggregate on account of property
damage with $2,000,000 umbrella policy coverage. Certificates of
insurance shall state that Insurance is on an "occurrence" basis. Certificate
shall also contain a statement that no exclusions by endorsement have
been made to the Commercial General -Liability Policy.
C. ADDITIONAL LIABILITY: The Contractor shall furnish
insurance as a separate policies or by additional endorsement to one of the
above -mentioned policies, and in the amount as set forth for public
liahilitar and t%rnr%ancxr rlamarta flka fnllnxxnncr incnranrP-
1. Contingent Liability (covers General Contractor's Liability for acts
of sub -contractors).
"V 2. Blasting, prior to any blasting being done.
3. Collapse of buildings or structures adjacent to excavation fif
MW excavation are performed adjacent to same).
go
4. Damage to underground utilities for $500,000.
5. Builder's risk (where above -wound structures are involved).
6. Contractual Liability (covers all indemnification requirements of
Contract). The City, its offices, employees and servants shall be
endorsed as additional insured on Contractor's insurance policies
excepting employer's liability insurance coverage under
Contractor's worker's compensation insurance policy. Contractor's
insurance policies shall be indorsed to provide that such insurance
.. is primary protection and any self -funded or commercial coverage
maintained by the OWNER shall not be called upon to contribute
to loss recovery.
7. When required by the Contract Documents, Environmental
"W Impairment Liability Coverage must be provided in the limits of
$1,000,000 per occurrence and $2,000,000 annual aggregate. The
Environmental Impairment Liability (EEL) must contain coverage
for sudden and accidental contamination or pollution, liability for
gradual emissions, and clean-up costs. The EIL coverage shall
include two year completed operations coverage on a per Project
.. basis. A separate insurance policy may be needed to fulfill this
requirement. EIL for damages incurred in the course of
transporting sludge shall be covered under the contractor's
�+ insurance policy(s).
d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY
DAMAGE: The Contractor shall procure and maintain during the life of
this Contract, Comprehensive Automobile Liability Insurance in an
amount not less than $250,000 for injuries including accidental death to
any one person and subject to the same limit for each person an amount
not less than $500,000 aggregate on account of one accident, and
automobile property damage insurance in an amount not less than
$100,000 aggregate.
.. 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
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claims which may arise from operations under this contract, whether such
operations be by the insured or by anyone directly or indirectly employed
by him, and also against any of the following special hazards which may
be encountered in the performance of the Contract.
f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish
the owner with satisfactory proof of coverage by insurance required in
.. these Contract Documents in the amounts and by carriers satisfactory to
the Owner. (Sample attached.) Other than Worker's Compensation
Insurance, in lieu of specified insurance, the City may consider alternative
coverage or risk treatment measures through insurance pools or risk
retention groups. The City must approve in writing any alternative
coverage. All insurance requirements made upon the Contractor shall
Vs apply to the sub -contractors, should the Prime Contractor's insurance not
cover the sub -contractor's work operations.
g. DEDUCTIBLE LIMITS. The deductible limits or self -funded retention
limits, on each policy must not exceed $10,000 per occurrence unless
otherwise approved by the City.
h. INSURANCE COMPANY: The insurance company with whom the
Contractor's insurance is written shall be authorized to do business in the
State of Texas and shall have a current A.M. Best Rating of "A:VH" or
equivalent measure of financial strength and solvency.
i. NOTIFICATION. During the lifetime of this contract, the Contractor shall
notify the ENGINEER in writing, of any known loss occurrence that could
�. give rise to a liability claim or lawsuit or which could result in a property
loss.
j. CANCELLATION: Insurance shall be endorsed to provide the City with a
minimum of thirty days notice of cancellation, non -renewal and/or
material change in insurance policy terms or coverage. A minimum10 day
-W notice shall be acceptable in the event of non-payment of insurance
premium to insurance company.
CITY RESPONSIBILITIES. The City shall not be responsible for direct payment of
insurance premium costs for Contractor's Insurance.
11 C3-3.13 WAGE RATES: Delete Paragraph C3-3-13 WEEKLY PAYROLLS in its
entirety and replace with C3-3-13 WAGE RATES as shown below:
"The Contractor shall comply with all requirements of Chapter 2258, Texas
Government Code, including the payment of not less than the rates determined by the
City Council of the City of Fort Worth to be the prevailing wage rates in accordance
with Chapter 2258, Texas Government Code. Such prevailing wage rates are included
in these contract documents.
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The Contractor, for a period of three (3) years following the date of acceptance of the
work, maintain records that show (i) that name and occupation of each worker
.k employed by the contractor in the construction of the work provided for in this
`bra contract; (ii) the actual per diem wages paid to each worker. These records shall be
t- open, all reasonable hours, for inspection by the City. The provisions of Section C8-8-
14, RIGHT TO AUDIT, pertain to this inspection.
The Contractor shall include in its subcontract's and/or shall otherwise require all of
its subcontractors to comply with paragraphs above.
_ . With each partial payment estimate or payroll period, whichever is less, an affidavit
stating that the contractor has complied with the requirements of Chapter 2258, Texas
Government Code.
The Contractor shall post the prevailing wage rates in a conspicuous place at the site
of the project at all times."
.. 12. INCREASED OR DECREASED QUANTITIES: Revise Paragraph C4-4.3 to read as
follows:
up The Owner reserves the right to alter the quantities of the work to be performed or to
extend or shorten the improvements at any time when and as found to be necessary,
and the Contractor shall perform the work as altered, increased or decreased at the
"W unit prices established in the contract documents. No allowance will be made for any
changes in lost or anticipated profits not shall such changes be considered as waiving
or invalidating any conditions or provisions of the Contract Documents.
Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted
herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but
not to the various depth categories.
low 13. LIMITATION OF INCIDENTAL CHARGES (Reference C4-4.5c):
The Contractor agrees that should any change in the work of extra work be ordered, the
following applicable percentage shall be added to Material and Labor Costs to cover
overhead and profit:
or 1. Allowance to the Contractor for overhead and profit for extra work performed by
the Contractor's own forces shall not exceed 15%.
i„� 2. Allowance to the Contractor for overhead and profit for extra work performed by a
subcontractor and supervised by the Contractor shall not exceed 10%.
1W Contractor shall be reimbursed for direct field overhead when the change requires an
extension of the Contract period. Contractor shall not be reimbursed for indirect
overhead or indirect costs related to changes to this contract.
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me 14. TESTING COSTS: Paragraph 5-5.12, revise the first sentence to read as follows:
"Where, as called for in the Contract Documents, tests of materials or equipment are
1, necessary, such tests will be made at the expense of and paid for by the Contractor
unless otherwise specifically provided for in the Technical Specifications."
15. LAWS TO BE OBSERVED: Paragraph C6-6.1, delete "or which may be enacted
later". After the word "exist," add "at the time of the Contract or may be hereafter exist
during the performance of the Contract."
16. BUILDING PERMITS: Paragraph C6-6.2 Insert the following at the end of the
paragraph;
"Contractors are responsible for obtaining all construction permits from the governing
agencies. Contractor shall schedule all code inspections with the Code Inspection
.t Department in accordance with the permit requirements and submit copy of updated
schedule to the Engineer weekly. Building, plumbing, electrical and mechanical
building permits are issued without charge. Water and sewer access fees will be paid
.. by the Water Department. Any other permit fees are the responsibility of the
Contractor."
17. BARRICADES, WARNINGS AND FLAGMEN: In Paragraph C6-6.8, replace the
word "watchmen" wherever in appears with the word "flagmen". In the first paragraph,
lines five (5) and six (6), replace "take all such other precautionary measures" with "take
all reasonable necessary measures".
18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Delete entire
fto Paragraph C6-6.12, and replace with the following:
"C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS:
aw Contractor covenants and agrees to indemnify the City' Engineer and Architect, and
their personnel at the project site for the Contractor's sole negligence. In addition, the
Contractor covenants and agrees to indemnify, hold harmless and defend at its own
expense, the Owner, its officers, agents, servants, and employees, from and against all
claims or suits for property loss, property damage, personal injury, including death,
arising out of, or alleged to arise of, the work and services to be performed hereunder
by the Contractor, its officers, agents, employees subcontractors, licensees or invitees,
4 whether or not anv such iniurv, damage or death is caused, in whole or in part, by
the negligence or alleged negligence of the Owner, its officers, agents, servants, or
emplovees. Contractor likewise covenants and agrees to indemnify and hold harmless
Owner from and against any and all injuries to the Owner's officers, agents, servants,
MW and employees, loss or destruction of property of the Owner arising form the
performance of any of the terms and conditions of this Contract, whether or not anv
such iniury or damage is caused, in whole or in part, by the negligence or alleged
.. negligence of the Owner, its officers, agents, servants, or emplovees
In the event the Owner receives a written claim for damages against the Contractor or
its subcontractors prior to final payment, final payment shall not be made until the
Contractor either (a) submits to the Owner satisfactory evidence that the claim has
been settled and/or a release from the claimant involved, or (b) provides the Owner
with a letter from the Contractor's liability insurance carrier that the claim has been
referred to the insurance carrier.
The Director may, if he deems it appropriate, refuse to accept bids on other City of
Fort Worth public work from a Contractor against whom a claim for damages is
outstanding as a result of work performed under a City Contract."
19. STATE SALES TAX:
A. Delete Paragraph C6-6.21 STATE SALES TAX in its entirety.
B. This contract is issued by an organization, which qualifies for exemption pursuant
to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise, and Use Tax
Act. All equipment and materials not consumed by or incorporated into the project
construction are subject to State Sales Tax under House Bill 11, enacted August 15,
1991. All such taxes shall be included in the various amounts on the Proposal Form.
The successful Bidder shall be required to submit a breakdown between costs of labor,
consumable material and other construction costs and costs of material incorporated
into the project construction prior to execution of this contract.
B. At the time of execution of the Contract Documents by the Contractor, the
Contractor shall complete the "Statement of Materials and Other Charges" which
identifies the project costs anticipated in the Project into "Materials Incorporated into
the Project" and "All Other Charges". The Contract shall be a "Separated Contract".
C. The City of Fort Worth will issue appropriate Certificates of Resale to the
Contractor.
so
D. All Change Orders to the Contract will separate charges for materials and labor
ar and will contain the following statement:
µ "For purposes of complying with Texas Tax Code, the Contractor agrees that the
charges for material incorporated into the project in excess of the estimated quantity
provided for herein will be no less than the invoice price for such material to the
Contractor."
20 AIR POLLUTION WATCH DAYS: Add the following to Section C7-7:
i• C7-7.18 AIR POLLUTION WATCH DAYS: The Contractor shall be required to
h observe the following guidelines relating to working on City construction sites on
days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE
SEASON, within the Metroplex area, runs from May 1, through OCTOBER 31, with
6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME
Im
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PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT
LEADS TO EARLY AFTERNOON OZONE FORMATION..
The Texas Commission on Environmental Quality (TCEQ), in coordination with the
National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the
afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the
Contractor shall bear the responsibility of being aware that such days have been
designated Air Pollution Watch Days and as such shall not begin work until 10:00
a.m. whenever construction phasing requires the use of motorized equipment for
periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00
a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and
certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel
(ULSD), diesel emulsions, or alternative fuels such as CNG.
If the Contractor is unable to perform continuous work for a period of at least seven
hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution
Watch Day, that day will be considered as a weather day and added onto the allowable
weather days of a given month.
21. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4 SCOPE OF PAYMENT in its
entirety and replace with the following:
"The Contractor shall receive and accept the compensation as herein provided, in full
payment for furnishing all labor, tools, materials, and incidentals for performing all
work contemplated and embraced under these Contract Documents, for all loss and
damage arising out of the nature of the work or from the action of the elements, for
any unforeseen defects or obstructions which may arise or be encountered during the
prosecution which may arise or be encountered during the prosecution of the work at
any time before its final acceptance by the Owner, (except as provided in paragraph
C5-5.14) for all risks of whatever description connected with the prosecution of the
work, for all expenses incurred by or in consequence of the suspension or
discontinuance of such prosecution of the working operations as herein specified, or
any and all infringements of patents, trademarks, copyrights, or other legal
reservations, and for completing the work in an acceptable manner according to the
terms of the Contract Documents.
.. The payment of any current or partial estimate prior to the final acceptance of the
work by the Owner shall in no way constitute an acknowledgment of the acceptance
of the work, materials, or equipment, nor in any way prejudice or affect the
'* obligations of the Contractor to repair, correct, renew, or replace at his own and
proper expense any defects or imperfections in the construction or in the strength or
quality of the material used or equipment or machinery furnished in or about the
construction of the work under contract and its appurtenances, or any damage due or
attributed to such defects, which defects, imperfections, or damage shall have been
discovered on or before the final inspection and acceptance of the work or during the
two (2) year guaranty period after the final acceptance. The Owner shall be the sole
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judge of such defects, imperfections, or damage, and the Contractor shall be liable to
the Owner for failure to correct the same as provided herein."
22. PARTIAL PAYMENTS: Change Paragraph C8-8.5 to read as follows:
"Partial pay estimates shall be submitted by the Contractor 5th day and the 20th day
of the month that work has been is in progress. The estimate shall be processed by the
City on the 10th day and 25th day respectively. Estimates will be paid within 25 days
following the end of the estimate period, less the appropriate retainage as set out
below. Partial pay estimates may include acceptable nonperishable materials delivered
to the work place which are to be incorporated into the work as a permanent part
thereof, but which at the time of pay estimate have not been so installed. If such
materials are included within a pay estimate, payment shall be based upon 85% of the
.� net invoice value thereof. The Contractor will furnish the engineer such information
as may be reasonably requested to aid in the verification or the preparation of the pay
estimate.
For contracts of less than $400,000.00 at the execution, retainage shall be ten percent
(10%). For contracts of $400,000.00 or more at the time of execution, retainage shall
be five percent (5%).
Contractor shall pay subcontractors in accord with subcontract agreement, within five
(5) business days after receipt by the Contractor of the payment by the City.
Contractor's failure to make the required payment to subcontractors will authorize the
City to withhold future payments from the Contractor until compliance with this
paragraph is accomplished.
It is understood that the partial pay estimates will be approximate only, and all partial
pay estimates and payment of the same will be subject to correction in the estimate
rendered following the discovery of an error in any previous estimate. Payment of any
partial pay 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 partial estimate if the
Contractor fails to perform the work in strict accordance with the specifications or
other provisions of this Contract."
23. GENERAL GUARANTY. Delete Paragraph C8-8.10 GENERAL GUARANTY in
its entirety and replace with the following:
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 the 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
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damages in the work and pay for any damage to the other work resulting therefrom
which shall appear within a period of two (2) years from the date of final acceptance
of the work unless a longer period is specified and shall furnish a good and sufficient
maintenance bond in the amount of 100 percent of the amount of the contract which
shall assure the performance of the general guaranty as above outlined. The Owner
will give notice of observed defects with reasonable promptness.
Any reference to any shorter period of time of warranty contained elsewhere within
the specifications shall be resolved in favor of this specification, it being the City's
intent that the Contractor guarantee its work for a period of two (2) years following
the date of acceptance of the project.
24. RIGHT TO AUDIT: Add the following to Section C8-8:
C8-8.14 RIGHT TO AUDIT:
"(a) The Contractor agrees that the City shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers, and records of the
Contractor involving transactions relating to this Contract. Contractor agrees that the
City shall have access during normal working hours to all necessary Contractor
facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this section. The City shall give
Contractor reasonable advance notice of intended audits.
(b) Contractor further agrees to include in all its subcontracts hereunder a provision
' to the effect that the subcontractor agrees that the City shall, until the expiration of
three (3) years after final payment under this contract, have access to and the right to
exajTine and photocopy any directly pertinent books, documents, papers, and records
of such subcontractor, involving transactions to the subcontract, and further, that City
shall have access during normal working hours to all subcontractor facilities, and
shall be provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this article together with subsection (c) hereof. The
City shall give subcontractor reasonable advance notice of intended audits.
(c) Contractor and subcontractor agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse contractor for the cost of the
copies as follows:
1. 50 Copies and Under - 10 cents per page.
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2. More than 50 copies - 85 cents for the first page plus fifteen cents for each page
thereafter." (5/25/93)
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Mul 25. SCHEDULE OF COSTS: Add the following to Section C8-8:
C8-8.15 SCHEDULE OF COSTS: Following the completion of all work on the
Project and prior to submittal of a request for final payment, the Contractor shall
_ provide a Schedule of Costs to City for approval which lists all equipment systems,
structures, building electrical and HVAC systems, overhead and project related costs.
The items will be grouped into categories using the Owner's list of category codes
which will be provided by the Owner at the Preconstruction Conference.
The Schedule of Costs will be used by the City as input to the Capital Assets System,
and will not be considered in preparation of modifications to the Contract. Costs
associated with the preparation and processing of this schedule of costs shall be
subsidiary to the price bid.
The Contractor will also provide a projected payment schedule tied to the project
schedule and the schedule of values which projects the monthly payments through the
end of the Project. The Payment schedule must be submitted along with the first
request for payment. This information is necessary to arrange financing of the Project
by the City.
END OF SECTION
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HEAVY & HIGHWAY CONSTRUCTION
PREVAILING WAGE RATES 2008
J Air Tool Operator
$10.06
Asphalt Distributor Operator
$13.99 J
Asphalt Paving Machine Operator
$12,78 J
J Asphalt Raker
$11.01
J Asphalt Shoveler
$ 8.80 J
J Batching Plant Weigher
$14.15
J Broom or Sweeper Operator
$ 9.88 J
..
J Bulldozer Operator
$13.22
J Carpenter
$12.80
-
J Concrete Finisher, Paving
$12.85 J
J Concrete Finisher, Structures
$13.27 J
Concrete Paving Curbing Machine Operator
$12.00
Concrete Paving Finishing Machine Operator
$13.63
Concrete Paving Joint Sealer Operator
$12,50 J
-
Concrete paving Saw Operator
$13.56
Concrete Paving Spreader Operator
$14.50
J Concrete Rubber
$10.61 J
J Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator
$14.12
J Electrician
$18.12
Fla ger
J $ 8.43 J
Form Builder/Setter, Structures
$11,63 J
Form Setter, Paving & Curb
$11.83
J Foundation Drill Operator, Crawler Mounted
$13.67
J Foundation Drill Operator, Truck Mounted
$16.30 J
Front End Loader Operator
$12.62
Laborer, Common
$ 9.18 J
J Laborer, Utility
J $10.65 J
J Mechanic
$16.97
Milling Machine Operator, Fine Grade
$11.83 J
Mixer Operator
$1 1.58
Motor Grader Operator, Fine Grade
$15.20 J
Motor Grader Operator, Rough
$14.50
Oiler
$ I4.98
Painter, Structures
$13.17
Pavement Marking Machine Operator
$10.04
Pipelayer
$1I.04
J Reinforcing Steel Setter, Paving
$14.86 J
Reinforcing Steel Setter, Structure
J $ I6.29 J
Roller Operator, Pneumatic, Self -Propelled
J $11.07
J Roller Operator, Steel Wheel, Flat Wheel/Tamping
J $10.92
Roller Operator, Steel Wheel, Plant Mix Pavement
J $11.28
Scraper Operator
( $11.42
Servicer
J $12.32
J Slip Form Machine Operator
$12.33
J Spreader Box Operator
$10.92 {
J Tractor Operator, Crawler Type
$12.60
J Tractor Operator, Pneumatic
$12.91
J Traveling Mixer Operator
$12.03
J Truck Driver, Lowboy -Float
$14.93 J
Truck Driver, Single Axle, Heavy
$11.47
J Truck Driver, Single Axle, Light
$10.91 J
Truck Driver, Tandem Axle, emi-Trailer
J $11.75 J
J Truck Driver, Transit -Mix
$12.08 J
Wagon Drill, Boring Machine, Post Hole Driller Operator
I $14.00
Welder
J $13.57
..
Work Zone Barricade Servicer
I $10.09
2008 PREVAILING WAGE RATES
CONSTRUCTION INDUSTRY
AC Mechanic Helper
$12.00
Plumber Helper
$14.90
Acoustical Ceiling Mechanic
$15.24
Reinforcing Steel Setter
$10.00
Bricklayer/Stone Mason
$19.12
Roofer
$14.00
Bricklayer/Stone Mason Helper
$10.10
Roofer Helper
$10.00
y Carpenter
$16.23
Sheet Metal Worker
$16.96
Carpenter Helper
$11.91
Sheet Metal Worker Helper
$12.31
Concrete Finisher
$13.49
Sprinkler System Installer
$18.00
Concrete Form Builder
$13.12
Sprinkler System Installer Helper
$9.00
Drywall Mechanic
$14.62
Steel Worker Structural
$17.43
Drywall Helper
$10.91
Concrete Pump
$20.50
Crane, Ctamsheel, Backhoe, Derrick, VI-ine
Drywall Taper
$13.00
Shovel
$17.76 '
Drywall Taper Helper
$9.00
Forklift
$12.63
Electrician (Journeyman)
..
$20.20
Front End Loader
$10.50
I Electrician Helper
$14.43
Truck Driver
$14.91
Electronic Technician
$19.86
Welder
$16.06
Electronic Technician Helper
$12.00
Welder Helper
$9.75
Floor Layer (Resilient)
$20.00
Floor Layer Helper
$13.00
Glazier
$18.00
s Glazier Helper
$13.00
Insulator
$14.78
- I Insulator Helper
$11.25
Laborer Common
$10.27
_ I Laborer Skilled
$13.18
Lather
$16.10
Painter
$14.83
Painter Helper
$8.00
Pipefitter
$18.85
Pipefitter Helper
$12.83
Plasterer
$17.25
Plasterer Helper
$12.25
01010 SUMMARY OF WORK
01010 SUMMARY OF WORK
1.0 SCOPE OF WORK
This information relates to work required to clean and remove accumulated grit
and "rags" from digester 13 at the City of Fort Worth Village Creek Wastewater
Treatment Plant.
Special Conditions
1. Safety: Care should be taken to monitor the air in the work area for methane and
hydrogen sulfide gas. The Contractor will submit a written safety plan which will
include the use of a triple gas (H2S, LEL and 02 deficiency) detection device.
The digester will be open to atmosphere, but may contain a gas mixture including
ammonia, hydrogen sulfide and/or methane.
2. At any time that high flow or other operational conditions require, the contractor
may be required to immediately remove personnel and equipment from the work
area.
3. Contractor will be responsible for lock-out/tag-out of equipment; plant staff will
assist in designating which equipment will need to be locked-out/tagged-out.
4. Contractor will attend a plant evacuation/orientation class for employees assigned
to the Village Creek job.
5. Location: City of Fort Worth Village Creek Wastewater Treatment Plant; 4500
Wilma Lane; Arlington, Texas 76012.
6. The City is tax exempt from Sales and from Use Tax.
7. The City will provide service water and sufficient length of fire hose; contractor
will be responsible for providing nozzles required for cleaning the digester.
8. Digester 13 was put in operation in 1986 and was last cleaned in October, 2003.
9. Digester 13 is 90 feet in diameter with a 27 foot side water depth and an
additional 6.8 feet of cone bottom with a 2' deep sump in the center. Attention is
directed to discharge piping which runs along the floor inside the digester.
10. At this time, the digester contains approximately 7 feet of material consisting of
liquid, "rags" and grit. The total volume is estimated to be approximately 4,000
cubic yards; the volume of grit is estimated to be approximately one thousand
cubic yards. Liquid material (excluding slurries grit and/or "rags") that can be
pumped can be returned to the plant. For the purpose of bidding, no
differentiation is made concerning composition of digester material.
Work Required
1. The contractor will submit a bid based on 4,000 cubic yards of material.
2. Solid material which is removed from the digester will be transported to the
Village Creek Drying beds, located approximately 1 % miles east of the plant.
Warranty
1. The contractor warrants that work will be completed in a workmanlike manner
and that the job site will be returned to the original appearance and state of
neatness.
2. Work will be considered acceptable after a final visual inspection.
1.01 WORK INCLUDED
A. Construct work as described in the Contract Documents.
1. Provide the materials, equipment, and incidentals required to make the
project completely operable.
2. Provide the labor, equipment, tools, and consumable supplies required for
a complete project.
1.02 JOB CONDITIONS
A. The General Conditions, the Supplementary Conditions, and Division One
specifications apply to each specification sections.
B. Comply with all applicable state and local codes and regulations pertaining to
the nature and character of the work being performed.
1.03 DESCRIPTION OF WORK
This Project consists of Removal of all accumulated material from the digester
number 13. Contractor shall provide labor equipment and transportation to
remove and transport all the material to designated area. Contractor is
responsible of transporting the material with safely manor to the deposal facility
area.
1.04 OCCUPANCY
A. As soon as all the material removed and broom clean the digester, the Owner shall
have the right to accept it form the contractor.
B. Owner may accept the facility for continued use after cleaned up and testing at the
option of the Owner. If acceptance is delayed at the option of the Owner, shut
down facilities per approved Operation and Maintenance procedures.
C. The execution of bonds is understood to indicate the consent of the surety.
D. Conduct operations to insure the least inconvenience to the Owner and general
public.
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1.05 CONTRACTOR'S USE OF PROJECT SITE
A. Limit the use of project site for work and storage to the areas at a site approved
by the Owner.
B. Coordinate the use of the premises with the Engineer.
C. Assume full responsibility for the protection and safekeeping of products stored
at the site.
D. Store products such that owner has access to all treatment units for maintenance
and operations.
E. Obtain and pay for the use of any additional storage or work areas needed for
construction.
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F. Any damage to existing facilities, including contamination, caused by the /
Contractor's personnel, visitors, materials, or equipment, shall be repaired or
corrected at the Contractor's expense.
G. No alcoholic beverages or illegal substances shall be permitted on the site at any
time.
END OF SECTION
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CONTRACTOR COMPLIANCE WITH
WORKER' S COMPENSATION LAW
pursuant to Article 8308-3.23 of Veron's Annotated Civil Statues, Contractor Certifies that it provides worker's compensation insurance coverage for all of its employees t Va Val WTP
employed on City of Fort Worth project C4n;nc) a'
Number__WTi Z — Pam'9 -- 3Qo0.� O
CONTRAC
TOR
By.
Title
Date
STATE OF TEXAS §
COUNTY OF TARRANT §
/I- to-oq
BEFORE ME, the undersigned authority, on this day personally appeared
O j known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same as the act
and deed of A �X L�� for the purpose and consideration therein
expressed and in the capacity therein stated. ._ q
rlclEi�i tJ1�TDER MY HAND AND SEAL OF OFFICE this i,,of Iv 0ULtVI boy-
y 2,00(-1
we
0
is
Notary public in and for the State of Texas
CARMEN K. CARLENTINE
Notary Public, State of Texas
My Commission Expires
August 24, 2011
Page 1 Of 1
a
PERFORMANCE BOND Bond No. 105352109
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MENBYTHESEPRESENTS:Thatwe(1) Ace Pipe Cleaning, Inc.
1509 Sylvania Ct.
a (2) Corporation Of Fnrt Wnrth,,TX 76111 ,
.� hereinafter called Principal, and (3) Travelers Casualty and surety Company of America
a corporation organized end existing under the laws of the State 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 Iaws of the State
of Texas, hereinafter called Owner, in the penal sum of.
-EIgtvty Five Thousand Five Hundred and 00/100
_ 0:s5,goo.00 ) Dollars in lawful money of the United States, to be paid i-i Fort Worth,
_ Tart 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 by these presents.
TIDE CONDITION OF THIS OBLIGATION is such that Whereas, the I'rineipal
entered into a certain contract with the City. of Fort Worth, the Owner, dated. the
_ day of -.5q+ern,be, A.D. 19_,,' a copy of which is hereto attached and
made apart hereof; for the construction of-,
Cleaning of Digester #13
designated as Project No.(s) , a copy of
which
contract is hereby attached, referred to, and made a part hereof as fully and to the same
extent as if copied at length herein, such project and construction being hereinafter
referred to as the "work".
M
NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the
Work in accordance with the plans, specif cations, 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 he shall satisfy all claims and demands incurred',
under the contract, and shall fully indemnify and save harmless the Owner from all costs
and damages which it may suffer by reason. of failure to do so, and shall reimburse anA
repay the owner all outlay and expense 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
PROVIDED FURTHER, that if any legal action be fled upon this bond, venue
shall lie in Tarrant County, State of Texas.
AND PRQVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no charge, 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 or to the specifications.
IN "WITNESS WHEREOF, this instrument is executed in six counterarts each
one of which shall be deemed an original, this the 30Kday of StPttnt b& A.D.,
ATTEST:
(Principle) Secretary
(SEAL)
f� P
Witness as to Principal
1 ti kid, a�
Address ?��(
ATTEST:
Ace Pipe Cleaning, Inc.
PRINCIPAL (4)
(Address)
Travelers Casualty and Surety Company of America
(� Surety
By: ,,a
(Attorney 1n-fact) (5)
Brenda D. Hockberger
(Surety) Secretary
(Address)
(S E A I.) NOTE: Date of Bond must not be prior to
date of Contract
(1) Correct Name of Contractor
� �.(2) A Corporation, a Partnership or an
Witness to Surety Individual as the case maybe
� Y
Gina M. Damato (3) Correct name of Surety
215 Shuman Blvd., Napery i I I.e, IL 60563 (4) If Contractor is partnership, all Partners
(Address) should execute Bond
(S) A True copy of Power of Attorney shall
be attached to Bond by Attorney -in -fact
F-2
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y
WA
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WARNING: THIS PQWFR OF AT?ORNI=Y IS INVALID WITHOUT THE RED BORDER
i
POWER OF ATTORNEY
TRAVELERSJ� Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 221398
Certificate No. 0 0 312 4 9 4 0
KNOW ALL MEN BY THESE PRESENTS: 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
Ew 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
=a Carol F. Tasciotti, Evonne Brown, Adele M. Korczak, Grace Villarreal, Gail Schroeder, 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, Carlina A. Jewell, Tara S. Petersen, Todd D. Baraniak, Dale F. Poquette, Oscar F.
Rincon, Heather Meyer. Moises Alcantar, James P. Fagan, Amar Patel, Heather J. Meneghetti, John C. Redding, Stephanie Miller,
*0 Phil Horvath, Grace Lawrence, David Letcher, Andrew Stontz, Jennifer Seppi, Ann Mulder, and Gabriel Jacquez
St to of ILLINOIS
C my of COOK
.r On this —36 day of.��n� Z 00 q before me personally appeared
Brenda D. Hockberver , known to me to be the Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, the corporation that executed the within instrument and acknowledged to me that such
corporation executed the same.
ML
W
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above.
OFFICIAL SEAL _
OSGAR F. RINCON L,N
NOTARY PUBLIC - STATE OF ILLINOIS 7u//
MY COMMISSION EXPIRES AUG. 30 2012 I(N aTY�Ublic)
ur.
s?SEALas c d........:• J v. •.. a r e
..........
.......
r�
State of Connecticut
City of Hartford ss.
r
W
M&
By:
/Georg Thompson, nior ice President
14th July 2009
On this the day of , 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., 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. G•u VW 4A
My Commission expires the 30th day of June, 2011. �$L�G Marie C. Tetreault, Notary public
4y*
Ed
58440-4-09 Printed in U.S.A.
WARNING,: THI$ POWEfi OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARDING: THIS POWER OF ATTORNEY IS INVALID WITF10UT THE RED BORDF;R
ion
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelit)-
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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, which resolutions are now in full force and effect, reading as follows: t>!
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and sea] with the M
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may WE
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking 4W
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds ~
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
t•
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insuranc(
Underwriters, Inc., 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 Gugwty Company do hereby certify that the above and foregoin(
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force ark effect and has not been revoked. r
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seats of said Companies this 11 day of 'TU JV 20 0 �.
Kori M. Johans�u/Assistant Secretary
ME
G I.6 U.� IRE �N IN,p t INSUq JP TY AIyG 1� "^,Y tY'Y� 3 % t+ NtED T ��ioRv�A+jfi W'cOaPON4lf �i '� ate`?
1 9.8 2� 0 � 1977 �• "' i E i: � T w NARiPORD, . �NNrfFOR0.�
. CONK. n 5� caw+• f� N 1896 t �'
tm
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY I5 INVALID WITHOLff THE PED BORDER
AW
TRAVELERS
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may contact Travelers Casualty & Surety Company of America, Travelers Casualty
& Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company
and/or Farmington Casualty Company for information or to make a complaint at:
Travelers Bond
Attn: Claims
1500 Market Street
West Tower, Suite 2900
Philadelphia, PA 19102
(267) 675-3130
(267) 675-3102 Fax
You may contact the Texas Department of Insurance to obtain the information on
companies, coverages, rights or complaints at:
Texas Department of Insurance
P.O. Box 149104
Austin, TX 78714-9104
(800) 252-3439
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and
does not become a part or a condition of the attached document and is given to comply
with Section 2253-021, Government Code, and Section 53.202, Property Code, effective
September 1, 2001.
nA
..
Bond No. 105352109
MAINTENANCE BOND
ITIE STATE OF TEXAS §
COUNTY OF TAR1tANT §
KNOWALLMENBYTFIESEPRESENTS: That we(1) Ace Pipe Cleaning, Inc.
as Principal, acting herein by and througli (2)
its duly authorized and
(3) Travelers Casualty and Surety Com any of America
a corporation organized and existing under the laws of the State of Connecticut as
surety, do hereby acknowledge themselves to be held and bound to pay unto the City of
Fort Worth, a Municipal Corporation, chartered by virtue of Constitution and laws of the
State of Texas, at Fort Worth, in. Tarrant County, Texas, the sum of:
�•
Eighty F14e Thousand Five Hundred acid 00/100' Dollars ($ 85,500.00 �, laWful
money of the United Stares, for the payment of which sum well and truly be made unto
,_said City of Fart .Worth and its successors, said Contractor and surety do hereby bind
-- tber�Reeives, their heirs, executors, administrators, and assigns and successors, jointly and
severally.
This obligation is conditioned, however, that,
WIIEREA.S, the Principal has entered into a certain contract with the City of Fort
Worth, the Owner, dated 1 for the performance of the following
described public work non the co "on of the following described public
improvements:.
Cleaning of Digester #13
all of -the same, being referred to herein and in said contract as the Work and being
designated as Project No.(s) . . ;
and said contract, including all of the- specifications, conditions and written instruments
referred to therein as contract documents being hereby incorporated herein by reference
for all purposes and made a part hereof the same as if set out verbatim herein; and,
WfIEREAS, in said Contract, Contractor binds xtsclfto use such materials and to
so construct the work that it will remains in good repair and condition for and during the
period. one year - after the date of the final acceptance of the work by the City, and,
WHEREAS, said Contractor binds itself to maintain said work in good repair and
condition for said tens. of ; and,
VaWREAS, sad Contractor binds itself to repair or reconstruct the work in whole
or in part at any tithe within said period, if in the opinion of the Director of the Water
Department of the City of Fort Worth, it is necessary; and,
WIM AS, said Contractor binds itself, upon receiving notice of the need
thereof to repair or reconstruct said work as herein provided.
NOW THEREFORE, if said Contractor shall keep its said agreement to maintain,
repair or reconstruct said work in accordance with all the terms and conditions of said
F-5
contract, these presents shall be null and void, and have no force or effect. Otherwise, this
Bond shall remain in full force and effect, and said City shall have and recover fxom the
said Contractor and its surety damages in the premises as prescribed by said contract.
This obligation shall be continuing one and successive recoveries may be had hereon for
successive bleaches until the full amount hereof is exhausted.
WHEREAS, all parties covenant and agree that if any legal action be filed upon
this bond, venue shall lie in Tarrant County, Texas; and, ri
IN WITNESS WHEREOF, this instrument is executed in s i X counterparts, -
each one of which shall be deemed an original, dated :.*te-m �l t,. - L,
Ace Pipe Cleanln Inc. _-
ATTEST: PRINC AL (4)
BY 40o G ifi�r ;
(Principle) Secretary 150Y 27 ;K
E A L) s (Address)
6AVIM X
`*as to P " cip
Address
Travelers Casualty and Surety Company of America
ATTEST: By. t'�. �c Y At ; '1
Brenda D. Hockberger
. (Attorney-tn-fact) (�}
215 Shuman Blvd., Naperville, IL 60563
(Surety) Secretary
(SEAL)
�,�
Wit as to Surety
Gina M. Damato
215 Shuman -Blvd., Naperville, IL 60563
(Address)
(Address)
NOTE_ Date of Bond must not be prior to
date of Contract
(1)
Correct Name of Contractor
(2)
A Corporation, a Partnership or an
Individual, as the case may be
(3)
Correct name of Surety
(4)
If Contractor is Partnership, all
Partners should execute Boad
(5)
A True copy of Power of Attorney
shall be attached to Bond by
Attorney -in -fact
F-b
No
s
WARNING: THIS POWEFI OF ATTORNEY IS INVALTD WITHOUT 131E RED BORDER
POWER OF ATTORNEY
TRAVELERSJ� Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 221398
Certificate No. 0 0 312 4 9 5 2
KNOW ALL MEN BY THESE PRESENTS: 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
r 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
M Carol F. Tasciotti, Evonne Brown, Adele M. Korczak, Grace Villarreal, Gail Schroeder, 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, Carlina A. Jewell, Tara S. Petersen, Todd D. Baraniak, Dale F. Poquette, Oscar F.
Rincon, Heather Meyer, Moises Alcantar, James P. Fagan, Amar Patel, Heather J. Meneghetti, John C. Redding, Stephanie Miller,
Phil Horvath, Grace Lawrence, David Letcher, Andrew Stontz, Jennifer Seppi, Ann Mulder, and Gabriel Jacquez
State of ILLINOIS
County of COOK
,.)n is day of r— —�Q before me personallyappeared
BrentD. Hockberver , known to me to be the Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, the corporation that executed the within instrument and acknowledged to me that such
,,� orporation executed the same.
TN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above.
OF ILIA '6EAL
OSCAR F. ON NOTARY PUBLIC -STATEATE OF ILLINOIS �7
MY COMMISSION EXPIRES AUG. 30 2012 (Otar�PLib1iC)
� 'y1982A6 O ;Q;j7)7 WANGE` ��\ Sf$ �AA1Lt,Iw 9'\\"`"."/s/aye8 �'rl���++✓✓' 41
iy *515Ye SZJLi8A9M�..6 7z State of Connecticut By:
City of Hartford ss. Georg Thompson, nior ice President
� 14th July 2009
On this the day of 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., 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.
� p.YIET
In Witness Whereof, I hereunto set my hand and official seal.W
My Commission expires the 30th day of June, 2011. #� '0UB61�+ it `Marie C. Tetreault, Notary Public
ft
58440-4-09 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
ARNING: THIS POWER OF ATTORNEY IS INVALfD WITHOUT THE RED BORDER � � A
r!
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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, which resolutions are now in full force and effect, reading as follows: t�
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undettaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking MW
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is r,
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
tr
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., 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 Gugwty Company do hereby certify that the above and foregoilk I
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and Axed the Seals of said Companies this day of T wi H
Kori M. Johans Assistant Secretary
y
G�SVA< F{RE 4 �P,M IMf '� �NSV Tr ANO _n�RY
V, S � C� ll ••wvNa z �ItORv�RATF.s P� PORAT ':�i 0 9�', � ti
Z 1 9 8 2 p � `1977 � � � ^ u, i .•�^ Z � 0� _fin - i IIARIFORD, �WlRfrdH0. � [0 4+
c 1951 � •• S E � � : � • ca+e. n � N teas -.
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the
above -named individuals and the details of the bond to which the power is attached.
im
rA
'EARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT TKI RED 8?01'IDER
AM
TRAVELERS
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may contact Travelers Casualty & Surety Company of America, Travelers Casualty
& Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company
and/or Farmington Casualty Company for information or to make a complaint at:
Travelers Bond
Attn: Claims
1500 Market Street
West Tower, Suite 2900
Philadelphia, PA 19102
(267) 675-3130
(267) 675-3102 Fax
You may contact the Texas Department of Insurance to obtain the information on
companies, coverages, rights or complaints at:
Texas Department of Insurance
P.O. Box 149104
Austin, TX 78714-9104
(800) 252-3439
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and
does not become a part or a condition of the attached document and is given to comply
with Section 2253-021, Government Code, and Section 53.202, Property Code, effective
September 1, 2001.
Bond No. 105352109
PAYMENT BOND
THE STATE OF TEXAS §
KNOW ALL BY THESES PRESENTS:
COUNTY OF TARRANT §
That we,(1) Ace Pipe Cleaning, Inc. a (2) Corporation of
Tarrant County, Texas hereinafter called Principal and (3)
Travelers Casualty and Surety Company 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
organizcd Zqd• existing under the laws of the State of Texas, hereinafter called Owner,• and unto all
perms, firms,, imd corporations who may furnish materials for, or perform labor .upon, the building or
i�►�overisl�ereerreferred tointhe penal sumof Eighty Five Thousand Five Hundred and 00/100
t in lawful money of the United
••_ Dollars- �_oo.00 ) .
States to be prWd in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be
made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally,
firnaly by these presents.
TIDE CONDITION OF MIS OBLIGATION is such that whereas, the Principal entered into a
41
certain contract with. the City of Fort Worth, the Owner, dated the ` al K day of LIN ►-
2a•�, a -copy of which is hereto attached. and made a part hereof, for the consideration of:
Cleaning of Digester 013
designated as Project Number , a'copy of which contract is hereto
attached, referred to, and made a part hereof as fully and to the same extent as if copied at length
herein, such project and construction being hereinafter referred to as the `work".
NOW TIiEREFORE, the condition of this obligation is such that, if the Principal shall
promptly make payment to all claimants as defined- in Chapter 2253, Texas Government Code,
_ 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 force and effect.
THIS BOND IS MADE AND -ENTERED into solely for the protection of all claimants
supplying labor and material in the prosecution of the work provided for in said Contract, as claimants
are defined in said'Chapter 2253, and all such claimants shall, have a direct right of action under the
bond as provided in Chapter 2253, Texas Government Code.
PROVIDE FURTHR, that if Any legal action be filed upon this bond, venue shall lie in
Tarrant County, Texas, State of Texas, and 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 be performed thereunder or the specification 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 or the specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder whose claim shall be unsatisfied.
IN WITNESS WHEREOF, this trument is executed in six counterparts, each one of which .
shaU be deemed an original, this _CLday of r 20AJ.
ATTEST:
(Principal) Secretary
(SEAS,)
(witness as to Principal)
0291
(Address)
1
ATTEST:
(Surety) . Secretary
(SEAT.)
R
w11Ile5S RS t0 Surety GI na M. Damato
215 Shuman Blvd., Naperville, IL 60563
Address
Ace Pipe Cleaning, Inc.
Principal
BY:
'L
(Printed Name/Title)
12�20F Sy),(,wj;f' e_17.
Address
City/State/Zip
Travelers Casualty and Surety Company of America
(Sty)
�i
Attorney -in -Fact (5) Brenda D. Hockber
215 Shuman Blvd.
Address
Naperville, IL 60563
City/State/Zip
Now, Date of bond must not bo bofore the date of award of contract
(1) Corte t name of Contractor
(2) A corporation partnership, or individual us the case tttay be
(3) Carrot name of 5urrty
(a) .If Contractor is a pattnarabip, the Cattract must be executed by
the mnnaog or general partner of tic partner ship
■
no
r
0-1 WARNING: THIS BOWER OF ATTORNEY IS INVALID WITHOUT THE REC 156Hi0Ek
POWER OF ATTORNEY
TRAVELERSJ� Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 221398
Certificate No. 0 0 312 4 9 4 6
KNOW ALL MEN BY THESE PRESENTS: 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
w Carol F. Tasciotti, Evonne Brown, Adele M. Korczak, Grace Villarreal, Gail Schroeder, 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, Carlina A. Jewell, Tara S. Petersen, Todd D. Baraniak, Dale F. Poquette, Oscar F.
1 I Rincon, Heather Meyer, Moises Alcantar, James P. Fagan, Amar Patel, Heather J. Meneghetti, John C. Redding, Stephanie Miller,
4I Phil Horvath, Grace Lawrence, David Letcher, Andrew Stontz, Jennifer Seppi, Ann Mulder, and Gabriel Jacquez
State of ILLINOIS
County f COOK
as On this CL�__ day of e - p C before me personally appeared
Brenda D. Hockbert7er . known to me to be the Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, the corporation that executed the within instrument and acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above.
OFFICIAL'u"EA'L
OSCAR F. RINCON
[NOTARY PUBLIC - STATE OF ILLI]2012
L'"'/
Y COMMISSION EXPIRES AUG. 30
(Notary ublic)
4s\t��y •`s'/a
tiH
State of Connecticut By:
City of Hartford ss. Georg Thompson, .ior ice President
Mw� 14th July 2009
On this the day of 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., 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.iQ�i` V
My Commission expires the 30th day of June, 2011. '°lfBU� �¢ `Marie C. Tetreault, Notary Public
58440-4-09 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
f
WARNIN13: THIS POWER 0ir7ATTOfiNlrY L5 INVALID WITHOUT THE RED 80ROER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officer; pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
r
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty "ce
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers CasdVty and
Surety Company, Travelers Casualty and Surety Company of America, and United SEafts Fidelity and Guamty Company do hereby certify that the above and f going
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. we
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seals of said Companies this ��� day of .J a l y 201Q$_.
Kori M. Johans,6/Assistant Secretary
GP6U,� FIRE 6 PM CMS ��SU ,Ty q,y
eVP ooG
%y'ME�SaD �� � 1951 ti oT �`SEAL,io/ �`,SSRL:�! CONN.
.........d 61
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
WE
AF
q40
ho
WASHING: THIS POWER OF ATTORNEY I5 INVALID WITHOUT THE HED BORDER
AW
TRAVELERS
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may contact Travelers Casualty & Surety Company of America, Travelers Casualty
& Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company
and/or Farmington Casualty Company for information or to make a complaint at:
Travelers Bond
Attn: Claims
1500 Market Street
West Tower, Suite 2900
Philadelphia, PA 19102
(267) 675-3130
(267) 675-3102 Fax
You may contact the Texas Department of Insurance to obtain the information on
companies, coverages, rights or complaints at:
Texas Department of Insurance
P.O. Box 149104
Austin, TX 78714-9104
(800) 252-3439
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and
does not become a part or a condition of the attached document and is given to comply
with Section 2253-021, Government Code, and Section 53.202, Property Code, effective
September 1, 2001.
"W
..
no
PART G - CONTRACT
THE STATE OF TEXAS
COUNTY OF TARRANT
THIS CONTRACT, made and entered into Jay � .�-ep ^ J 2. ®Bq
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 da
of the City of 4*wxou C-�7
and State of _/gip . ,
"CONTRACTOR"
, County of 7:i kSva)
Party of the Second Part. Hereinafter termed
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the Party of the First
Part (Owner), said Party of the Second Part (Contractor) hereby agrees with the said Party
of the First Part (Owner) to commence and complete certain improvements described as
follows:
deAnirnO, of Di e.srte.� No. 13 of Vi��d�e Creed
�Va�wae r Try`,w P l a n rt
,Pro�e-J WT2- 20'09 - �0003a
and all extra work connected therewith, under the terms as stated in the Contract
Documents, and at his (their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, bonds, insurance, and
other accessories and services necessary to complete the said construction, in accordance
with all the requirements of the Contract Documents, which include all maps, plats,
blueprints and other drawings and printed or other written explanatory matter thereof, and
the specifications thereof, as prepared by the Engineers employed by the Owner, each of
which has been identified by the endorsement of the Contractor and the Engineers
thereon, together with the Contractor's Written Proposal and other parts of the Contract
Documents hereto attached, including the Fort Worth Water Department General
Contract Documents and General Specifications, all of which are made a part hereof and
collectively evidence and constitute the entire contract.
OFFICIAL RECORD
CITY SECRETARY
G-1 ! FT. WORTH, TX
4S 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.
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
therefor, and to make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the Parties to these presents have executed this
Contract in quadruplicate the year and the day first above written.
ATTEST: City of Fort Worth, Texas (Owner)
.. Parry of the First Part
•• By:
Fernando Costa, Assistant City Manager
Marty Hen ix, City Secret(ry Contract Authorization
(SEAL) 2,°l 109
Date
WITNESSES:
4�& -1445. pliot-
B
Y
Approved for the Fort Worth Ci ater Department:
a
S. Frank Crumb, PE, Water Director
- Approved as to Form and Legality:
Assistant City OFFICIAL RECORD
CITY SECRETARY
G-2
FT. WORTH, TX
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