HomeMy WebLinkAboutContract 45557 (2)10_,0-Y SECRETARY
11).0,E. FILE
es) (TRACTOR'S BONDING CO.
nNSTRUCTION'S COPY
CLIENT DEPARTMENT
FORT WORTH
PROJECT MANUAL
FOR
THE CONSTRUCTION OF
CITY SECRETAI!!l
CONTRACT NO.
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No. 02179
DOE No. 7140
DOE No. (if applicable)
DOE No. (if applicable)
Betsy Price Tom Higgins
Mayor City Manager
Douglas W. Wiersig, P.E.
Director, Transportation and Public Works Department
Prepared for
The City of Fort Worth
Storm Water Management Division
2013
OFFICIAL RECORD
CITY SECRETARY
CITY OF FORT WORTH Ft WORTH TX
STANDARD CONSTRUCTION SPE(1FICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
REGEibtu MAY 01 2014
01 58 13 Temporary Project Signage
01 60 00 Product Requirements
01 66 00 Product Storage and Handling Requirements
01 70 00 Mobilization and Remobilization
01 71 23 Construction Staking and Survey
01 74 23 Cleaning
01 77 19 Closeout Requirements
01 78 23 Operation and Maintenance Data
01 78 39 Project Record Documents
Division 02 - Existing Conditions
0241 13
02 41 14
0241 15
Selective Site Demolition
Utility Removal/Abandonment
Paving Removal
Division 03 - Concrete
03 30 00
03 34 13
03 34 16
03 80 00
Cast -In -Place Concrete
Controlled Low Strength Material (CLSM)
Concrete Base Material for Trench Repair
Modifications to Existing Concrete Structures
Division 26 - Electrical
26 05 00
26 05 10
26 05 33
26 05 43
Common Work Results for Electrical
Demolition for Electrical Systems
Raceways and Boxes for Electrical Systems
Underground Ducts and Raceways for Electrical Systems
Division 31- Earthwork
31 10 00 Site Clearing
31 23 16 Unclassified Excavation
31 23 23 Borrow
31 24 00 Embankments
31 25 00 Erosion and Sediment Control
31 36 00 Gabions
31 37 00 Riprap
Division 32 - Exterior Improvements
32 01 17
32 01 18
32 01 29
32 11 23
32 11 29
32 11 33
32 12 16
Permanent Asphalt Paving Repair
Temporary Asphalt Paving Repair
Concrete Paving Repair
Flexible Base Courses
Lime Treated Base Courses
Cement Treated Base Courses
Asphalt Paving
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
32 12 73
32 13 13
32 13 20
32 13 73
32 14 16
32 16 13
32 17 23
32 31 13
32 31 26
32 31 29
32 32 13
32 91 19
32 92 13
32 93 43
Asphalt Paving Crack Sealants
Concrete Paving
Concrete Sidewalks, Driveways and Barrier Free Ramps
Concrete Paving Joint Sealants
Brick Unit Paving
Concrete Curb and Gutters and Valley Gutters
Pavement Markings
Chain Fences and Gates
Wire Fences and Gates
Wood Fences and Gates
Cast -in -Place Concrete Retaining Walls
Topsoil Placement and Finishing of Parkways
Hydro -Mulching, Seeding, and Sodding
Trees and Shrubs
Division 33 - Utilities
33 01 30
33 01 31
33 03 10
33 04 10
33 04 11
33 04 12
33 04 30
33 04 40
33 04 50
33 05 10
33 05 12
33 05 13
33 05 14
33 05 16
33 05 17
33 05 20
33 05 21
33 05 22
33 05 23
33 05 24
33 05 26
33 05 30
33 11 05
33 11 10
331111
33 11 12
33 11 13
33 11 14
33 12 10
33 12 11
33 12 20
33 12 21
33 12 25
33 12 30
Sewer and Manhole Testing
Closed Circuit Television (CCTV) Inspection
Bypass Pumping of Existing Sewer Systems
Joint Bonding and Electrical Isolation
Corrosion Control Test Stations
Magnesium Anode Cathodic Protection System
Temporary Water Services
Cleaning and Acceptance Testing of Water Mains
Cleaning of Sewer Mains
Utility Trench Excavation, Embedment, and Backfill
Water Line Lowering
Frame, Cover and Grade Rings
Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade
Concrete Water Vaults
Concrete Collars
Auger Boring
Tunnel Liner Plate
Steel Casing Pipe
Hand Tunneling
Installation of Carrier Pipe in Casing or Tunnel Liner Plate
Utility Markers/Locators
Location of Existing Utilities
Bolts, Nuts, and Gaskets
Ductile Iron Pipe
Ductile Iron Fittings
Polyvinyl Chloride (PVC) Pressure Pipe
Concrete Pressure Pipe, Bar -Wrapped, Steel Cylinder Type
Buried Steel Pipe and Fittings
Water Services 1-inch to 2-inch
Large Water Meters
Resilient Seated Gate Valve
AWWA Rubber -Seated Butterfly Valves
Connection to Existing Water Mains
Combination Air Valve Assemblies for Potable Water Systems
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
33 12 40 Fire Hydrants
33 12 50 Water Sample Stations
33 31 12 Cured in Place Pipe (CIPP)
33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers
33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer
33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe
33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe
33 31 22 Sanitary Sewer Slip Lining
33 31 23 Sanitary Sewer Pipe Enlargement
33 31 50 Sanitary Sewer Service Connections and Service Line
33 31 70 Combination Air Valve for Sanitary Sewer Force Mains
33 39 10 Cast -in -Place Concrete Manholes
33 39 20 Precast Concrete Manholes
33 39 30 Fiberglass Manholes
33 39 40 Wastewater Access Chamber (WAC)
33 39 60 Epoxy Liners for Sanitary Sewer Structures
33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts
33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain
33 46 00 Subdrainage
33 46 01 Slotted Storm Drains
33 46 02 Trench Drains
33 49 10 Cast -in -Place Manholes and Junction Boxes
33 49 20 Curb and Drop Inlets
33 49 40 Storm Drainage Headwalls and Wingwalls
Division 34 - Transportation
34 41 10 Traffic Signals
34 41 13 Removing Traffic Signals
34 41 20 Roadway Illumination Assemblies
34 41 30 Aluminum Signs
34 71 13 Traffic Control
Appendix
GC-4.01
GC-4.02
GC-4.04
GC-4.06
GC-6.06.D
GC-6.07
GC-6.09
GC-6.24
GR-01 60 00
Availability of Lands
Subsurface and Physical Conditions
Underground Facilities
Hazardous Environmental Condition at Site
Minority and Women Owned Business Enterprise Compliance
Wage Rates
Permits and Utilities
Nondiscrimination
Product Requirements
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
M&C Review Page 1 of 2
BIDDERS
Woody Contractors
Atkins Bros. Equipment Company
Humphrey & Morton Construction
Company, Inc.
City Staff Probable Cost
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORTI
DATE:
CODE:
SUBJECT:
COUNCIL ACTION: Approved on 4/8/2014 - Ordinance No. 21195-04-2014
4/8/2014 REFERENCE
NO.:
C TYPE:
C-26760 LOG NAME: 2020SWM MISCSTORM2013
NON- PUBLIC NO
CONSENT HEARING:
Authorize Execution of a Contract with Woody Contractors, Inc., in an Amount Up to
$1,000,000.00 for Miscellaneous Storm Drain Improvements Contract 2013, Provide for
Related Project Costs for a Total Estimated Project in the Amount of $1,500,000.00 and
Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of funds from the Stormwater Utility Operating Fund to the Stormwater
Capital Projects Fund in the amount of $1,500,000.00;
2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations
in the Stormwater Capital Projects Fund in the amount of $1,500,000.00 from available funds; and
3. Authorize the execution of a contract with Woody Contractors, Inc., in an amount up to
$1,000,000.00 for the Miscellaneous Storm Drain Improvements Contract 2013.
DISCUSSION:
The work to be performed under this Contract consists of minor extensions, replacements and /or
improvements to existing storm water systems. The price of each work order will be based on the unit
prices bid. The cumulative amount of all work orders is expected to be approximately
$1,000,000.00. If the Contractor exhausts the allotted funds prior to the end of the calendar term of
the Contract, the City may elect to extend the Contract through the end of the calendar term up to a
maximum of 25 percent of the Contract's original value, provided the funds are available and the
Contractor agrees to abide by the same terms, conditions and unit prices originally bid.
The bid amounts cited below were based on hypothetical quantities for the purpose of establishing
unit prices for each work item. Final payments will be made based on actual measured
quantities. Funding will be verified individually for each work order prior to its release. The bid
documents also include a provision for the City to exercise an option to renew this contract two times
under the same terms, conditions and unit prices.
This Contract was advertised for bid in the Fort Worth Star -Telegram on January 9, 2014 and
January 16, 2014. On February 13, 2014, the following bids were received:
BID AMOUNTTIME OF
CONTRACT
$3,485,125.00365 Calendar Days
$4,339,225.00
$5,914.847.40
$3, 046, 065.00
Therefore, Staff recommends the Contract be awarded to the lowest responsive and responsible
http://www.fortworthgov.org/council_packet/mc review.asp?ID=19483&councildate=4/8/2014 4/9/2014
M&C Review Page 2 of 2
bidder, Woody Contractors, Inc.
M/WBE Office - Woody Contractors, Inc., is in compliance with the City's BDE Ordinance by
committing to 18 percent MBE participation. The City's goal on this Contract is 15 percent.
In addition to the cost of construction, $500,000.000 is required for right-of-way and easement
acquisition, inspection and survey services.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current capital budget, as appropriated, of the Stormwater Capital Projects Fund.
TO Fund/Account/Centers
1 2)
P228 476069 2012802179XX
2
P228 531350 201280217992
2)
P228 531200 201280217984
2)
P228 531350 201280217985
2)
P228 533010 201280217981
2)
P228 531350 201280217952
2)
P228 531350 201280217942
2)
P228 541200 201280217983
$1.500.000.00
$6.000.00
$90,000.00
203.000.00
$1.000.00
$160.000.00
$40.000.00
$1.000.000.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
1) PE69 538040 0209205 $1,500.000.00
3)
P228 541200 201280217983
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Johnny T. Jasper (7343)
ATTACHMENTS
2020SWM_MISCSTORM2013 P228 A014.docx
$1.000.000.00
http://www.fortworthgov.org/council packet/mc review.asp?ID= 1 94 8 3 &councildate=4/8/20 14
4/9/2014
SECTION 00 05 15
ADDENDA
CITY OF FORT WORTH
DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
STORM WATER MANAGEMENT DIVISION
ADDENDUM NO. 1
MISCELLANEOUS STORM DRAIN IMPROVEMENTS: CONTRACT 2013
PROJECT NUMBERS:
CITY PROJECT NO. - 02179
TPW — P228_201280217983
RELEASE DATE: December 26, 2013
BID RECEIPT DATE: 1:30 PM, February 06, 2014
INFORMATION TO BIDDERS:
The Specifications and Contract Documents for the above mentioned Contract are revised and amended as
fol lows:
1. Please replace the following sections as stated:
Section 00 72 00 General Conditions
Delete Article 11.03. E. in its entirety and replace with:
Increased and Decreased Quantities: The Work for this Contract shall be issued on a Work Order
basis. The quantities in the Bid Form are for bidding purposes only and the quantity for each item bid
may be increased or decreased without limitation to reflect the actual Work issued by Work Order.
The Contractor shall not be allowed a change in the price of any single item bid due to the increase or
decrease in quantities.
This Addendum No. 1 forms a part of the Contract Documents referenced above and modifies the Original
Contract Documents. Acknowledge receipt of this Addendum in the space provided below, in the Proposal and
acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could
subject the bidder to be rejected as being non -responsive.
RECEIPT ACKNOWLEDGED:
Bidder Initials
Doualas W. Wiersia. P.E.
DIRECTOR, DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
By: Tahvtvtty Y. Tot/Apex
Johnny T. Jasper
Project Manager
TPW/Storm Water Management
SECTION 00 05 15
ADDENDA
CITY OF FORT WORTH
DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
STORM WATER MANAGEMENT DIVISION
ADDENDUM NO. 2
MISCELLANEOUS STORM DRAIN IMPROVEMENTS: CONTRACT 2013
PROJECT NUMBERS:
CITY PROJECT NO. - 02179
TPW — P228_201280217983
RELEASE DATE: January 29, 2014
BID RECEIPT DATE: 1:30 PM, February 06, 2014
INFORMATION TO BIDDERS:
The Specifications and Contract Documents for the above mentioned project are revised and amended as
follows:
Due to the nature of this Contract, there were a number of bid items repeated that needed to be deleted
to make the construction process work more fluidly. Also a few of the item quantities have been adjusted
to reflect closer to actual quantities that may be used. In the Bid Documents Packet, Bid Form Proposal
Workbook, replace the Bid Proposal 00 42 43 with "00 42 43 New Proposal". The original spreadsheet
has been renamed "00 42 43 Do Not Use", therefore please do not use it nor include it with the bid
packet. All of the other documents within this workbook to be included in the packet have been updated
to link with the new proposal form.
Please note the following adjustments to the bid proposal:
1. Delete Bid Items due to repetitiveness: 122 (Aggregate Driveway), 141 (6' Wood Fence), 169
(Traffic Control), 137 (5' Asphalt Pavement Repair, Arterial).
2. Bid Item 117 (Temporary Asphalt Paving Repair) UNIT is paid by SF as opposed to LF.
3. Bid Item 116 (Site Clearing) has been deleted
4. Bid Item 59 (Block Sod) Quantity has been reduced to 10,000 and UNIT paid changed to SF.
5. Bid Item 59 (Seeding, Hydromulch) Quantity has been reduced to 10,000 and UNIT paid changed to
SF.
6. Bid Item 12 (Pavement Pulverization) has been deleted
This Addendum No. 2 forms a part of the Contract Documents referenced above and modifies the Original
Contract Documents. Acknowledge receipt of this Addendum in the space provided below, in the Proposal and
acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could
subject the bidder to be rejected as being non -responsive.
RECEIPT ACKNOWLEDGF,D:
Doualas W. Wiersia, P.E.
DIRECTOR, DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
By: ro ,vww T. TaApeY
Johnny T. Jasper
Project Manager
Department of Transportation and Public Works/
Storm Water Management
NOTICE TO BIDDERS
Sealed proposals for the following:
FOR: MISCELLANEOUS STORM DRAIN IMPROVEMENTS: CONTRACT 2013
PROJECT NO.: TPW -- P228_201280217983
CITY PROJECT. NO.: 02179
DOE No.: 7140
Submit package to the City of Fort Worth, Purchasing Division, in the lower level
of the Municipal Building, 1000 Throckmorton, Fort Worth, Texas 76102 until
1:30P.M., Thursday, February 06, 2014 and then publicly read aloud at 2:00
p.m., in the Council Chambers.
Specifications and Contract Documents for this project may be viewed free of
charge at the City of Fort Worth's online document management system
(Buzzsaw). A link to this system can be found on the City of Fort Worth's
Purchasing Division website at htta://www.fortworthaov.ora/purchasing/. This link
will take you to the advertised project folders on the City's Buzzsaw site, where
the specifications and contract documents may be viewed, downloaded, and
printed by interested contractors and/or suppliers.
For additional information, please contact Johnny T. Jasper at 817-392-7343.
Tom Hiaains
City Manager
Doualas W. Wiersia, P.E., Director
Transportation and Public Works
Advertising Dates: By:
January 09, 2014
. January 16, 2014
Johj by T. Jasper,
P,%j-ct Manager
Miscellaneous Storm Drain Improvements: Contract 2013
Questions and/or concerns
Q:
Subject: Miscellaneous Storm Drain Improvements_ 02179
Would you please answer the following questions regarding the above mentioned project? Any information
you could provide would be appreciated.
When is the bid date for this project?
A:
The bid open date is February 06, 2014
Q:
Subject: Plan holders
I respectfully request a plan holders list for this project as well as verify bid date and time and addenda
count. I would also like to request a project cost estimate for this project if available?
A:
1. The plan holders list should be available on the project document manager website, Buzzsaw
under the project number (02179). I think all bidders are required to add their names.
2. The bid date is February 06, 2014 at 2:00pm as stated in the Invitation to Bidders. This is located
within the Div 00_General Conditions in the Bid documents Package of the project.
3. The contract is a Work Order -type contract. The contract is for a $1,000,000.00 not to exceed no
matter the amount bid. The Addenda states the quantities are for bidding purposes.
Q:
Subject: 02179: Miscellaneous Storm Drain Improvements (Contract 2013) -City of Fort Worth -
Who is the acting engineer on this project?
Has an estimated budget or value been determined for this project?
A:
1. This Contract is an "On Call" service for minor repairs to our existing storm drainage system. The
request for repairs comes from our citizen concerns, some from many years back before the
division was formed. This contract will handle the repairs in the form of work orders, which may
be as simple as replacing a non-standard inlet, to adding a main line with inlets and junction
boxes for hundreds of feet. The repairs may come from citizen requests or construction of a
small portion of a larger CIP that needs to be installed immediately. Therefore, there are no
"plans or drawings" at this time, but will be available once the location has been determined and
analyzed for repair. We will also have an on -call Engineer that we will use to assist with analysis
and preparation of some of the plan sheets, but no "Acting Engineer". I will be the Project
Manager, plan reviewer/approver, accountant, etc. along with other City Engineering staff. We
will have an inspector handling the inspections for this Contract as well. I know this is a long
answer to a short question, but many persons are confused about "on call" type Contracts.
2. The estimated budget for this Contract is $1,000,000.00. The bidders are expected to bid on each
bid item, as they are simply for bidding purposes only. These items may be used during the
repairs and of course we may have to add others.
Q:
Subject: Misc Storm Drain Contract 2013
Are there printed copies of Project Manual?
Confirmation of bid opening date?
A:
1. There are no printed project "manuals" to pick up for this contract. This Contract is an on -call
repair service for the City storm drainage system. The repairs are to be completed in accordance
with the City of Fort Worth's most current edition of Standard Specifications and Details. I have
included all divisions of the specifications within the project folder (02179) located on the City's
document manager system, Buzzsaw. It can be viewed and/or downloaded for print. For
submittal purposes, it is only necessary to print out the up -front documents within the Bid
package folder.
2. The bid opening date is February 06, 2014 as stated in the Instruction to Bidders.
SECTION 00 05 15
ADDENDA
CITY OF FORT WORTH
DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
STORM WATER MANAGEMENT DIVISION
ADDENDUM NO. 3
MISCELLANEOUS STORM DRAIN IMPROVEMENTS: CONTRACT 2013
PROJECT NUMBERS:
CITY PROJECT NO. - 02179
TPW — P228 201280217983
RELEASE DATE: February 10, 2014
BID RECEIPT DATE: 1:30 PM, February 13, 2014
INFORMATION TO BIDDERS:
The Specifications and Contract Documents for the above mentioned project are revised and amended as
follows:
Due to the weather conditions and minor glitches within the formulated spreadsheets, the bid opening
has been postponed a week. The Bids are due and will open on Thursday, February 13, 2014 as shown
above.
This Addendum No. 3 forms a part of the Contract Documents referenced above and modifies the Original
Contract Documents. Acknowledge receipt of this Addendum in the space provided below, in the Proposal and
acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could
subject the bidder to be rejected as being non -responsive.
RECEIPT ACKNOWLEDGED:
I.[
Douglas W. Wiersig, P.E.
DIRECTOR, DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
By: Tokwuv T. _TaVer
Johnny T. Jasper
Project Manager
Department of Transportation and Public Works/
Storm Water Management
SECTION 0011 13
INVITATION TO BIDDERS
RECEIPT OF BIDS
Sealed bids for the construction of Miscellaneous Storm Drain Improvements: Contract 2013 will
be received by the City of Fort Worth Purchasing Office:
City of Fort Worth
Purchasing Division
1000 Throckmorton Street
Fort Worth, Texas 76102
until {1:30 P.M. CST, Thursday, February 06, 2014}, and bids will be opened publicly and read
aloud at 2:00 PM CST in the Council Chambers.
GENERAL DESCRIPTION OF WORK
The major work will consist of the (approximate) following: Minor extensions, replacements and
/or improvements to existing storm water systems and other pertinent construction required to
provide a more effective drainage system to neighborhoods within the City limits of Fort Worth.
Work for this contract will be provided through WORK ORDERS, based on the availability of
funds and in coordination with the successful Bidder's schedule.
PREQUALIFICATION
The improvements included in this project must be performed by a contractor who is pre -qualified
by the City at the time of bid opening. The procedures for qualification and pre -qualification are
outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS.
DOCUMENT EXAMINATION AND PROCUREMENTS
The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of
Fort Worth's Purchasing Division website at httn://www.fortworthtexas.gov/nurchasing/ and
clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The
Contract Documents may be downloaded, viewed, and printed by interested contractors and/or
suppliers.
The cost of Bidding and Contract Documents is:
Set of Bidding and Contract Documents with half or full size drawings: Not applicable since there
are no drawings available. Bid documents can be view online as mentioned above.
PREBID CONFERENCE
A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO
BIDDERS at the following location, date, and time:
DATE: N/A
TIME: N/A
PLACE: N/A
LOCATION: N/A
CITY'S RIGHT TO ACCEPT OR REJECT BIDS
City reserves the right to waive irregularities and to accept or reject bids.
FUNDING — N/A
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
INQUIRIES
All inquiries relative to this procurement should be addressed to the following:
Attn: Johnny T. Jasper, City of Fort Worth
Email: Johnny.Jasper@fortworthtexas.gov
Phone: 817-392-7343
ADVERTISEMENT DATES
January 09, 2014
January 16, 2014
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
SECTION 00 21 13
INSTRUCTIONS TO BIDDERS
1. Defined Terms
1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72
00 - GENERAL CONDITIONS.
1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings
indicated below which are applicable to both the singular and plural thereof.
1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting
directly through a duly authorized representative, submitting a bid for performing the
work contemplated under the Contract Documents.
1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or
corporation acting directly through a duly authorized representative, submitting a bid
for performing the work contemplated under the Contract Documents whose principal
place of business is not in the State of Texas.
1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on
the basis of City's evaluation as hereinafter provided) makes an award.
1.2.4. Work Order: A defined scope of work given to the contractor as designated by the
project Manager. The scope of work shall provide a specific location, limits of
construction, size and nature of the work in line with the specification provisions and
bid items outlined within the contract document and in accordance with the City's
design standards. Work orders will be provided to the contractor via fax or email or
postal delivery.
2. Copies of Bidding Documents
2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations
resulting from the Bidders use of incomplete sets of Bidding Documents.
2.2. City and Engineer in making copies of Bidding Documents available do so only for the
purpose of obtaining Bids for the Work and do not authorize or confer a license or grant
for any other use.
3. Prequalification of Bidders (Prime Contractors and Subcontractors)
3.1. All Bidders and their subcontractors are required to be prequalified for the work types
requiring prequalification at the time of bidding. Bids received from contractors who are
not prequalified (even if inadvertently opened) shall not be considered. Prequalification
requirement work types and documentation are as follows:
3.1.1. Paving — Requirements document located at;
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
https://proi ectpoint. buzzsaw. com/fortworthaov/Resources/02%20-
%20Construction%20Documents/Contractor%20Prea uali fication/TP W %20Pavin a%2
0Contractor%20Preaualification%20Proaram/PREOUALIFICATION%2OREOUIRE
MENTS%20FOR%20PAVING%2000NTRACTORS. PDF?public
3.1.2. Roadway and Pedestrian Lighting — Requirements document located at;
httns://proi ectpoint.buzzsaw. com/fortworthaov/Resources/02%20-
%20Construction%20Documents/Contractor%20Preaualification/TP W %20Pavin2%2
0Contractor%20Preaualification%20Program/PREOUALIFICATION%2OREOUIRE
MENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public
3.1.3. Water and Sanitary Sewer — Requirements document located at;
https://proi ectpoint.buzzsaw. com/fortworthaov/Resources/02%20-
%20Construction%20Documents/Contractor%20Preaualificati on/Water%20and%20
Sanitarv%20Sewer%20Contractor%20Preaualification%20Proeram/W SS%20preaual
%20reauirements.doc?public
3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within seven
(7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11,
BIDDERS PREQUALIFICATIONS.
3.2.1. Submission of and/or questions related to prequalification should be addressed to the
City contact as provided in Paragraph 6.1.
3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low
bidder(s) for a project to submit such additional information as the City, in its sole
discretion may require, including but not limited to manpower and equipment records,
information about key personnel to be assigned to the project, and construction schedule,
to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to
deliver a quality product and successfully complete projects for the amount bid within the
stipulated time frame. Based upon the City's assessment of the submitted information, a
recommendation regarding the award of a contract will be made to the City Council.
Failure to submit the additional information, if requested, may be grounds for rejecting the
apparent low bidder as non -responsive. Affected contractors will be notified in writing of a
recommendation to the City Council.
3.4. In addition to prequalification, additional requirements for qualification may be required
within various sections of the Contract Documents.
3.5. Special qualifications required for this project include the following: N/A
4. Examination of Bidding and Contract Documents, Other Related Data, and Site
4.1. Before submitting a Bid, each Bidder shall:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
4.1.1. Examine and carefully study the Contract Documents and other related data
identified in the Bidding Documents (including "technical data" referred to in
Paragraph 4.2. below). No information given by City or any representative of the City
other than that contained in the Contract Documents and officially promulgated
addenda thereto, shall be binding upon the City.
4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and
site conditions that may affect cost, progress, performance or furnishing of the Work.
4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress,
performance or furnishing of the Work.
4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions relating to existing
surface or subsurface structures at the Site (except Underground Facilities) that have
been identified in the Contract Documents as containing reliable "technical data" and
(ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site
that have been identified in the Contract Documents as containing reliable "technical
data."
4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of
the information which the City will furnish. All additional information and data which
the City 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. No information given by the City other than that contained in
the Contract Documents and officially promulgated addenda thereto, shall be binding
upon the City.
4.1.6. Perform independent research, investigations, tests, borings, and such other means as
may be necessary to gain a complete knowledge of the conditions which will be
encountered during the construction of the project. On request, City may provide each
Bidder access to the site to conduct such examinations, investigations, explorations,
tests and studies as each Bidder deems necessary for submission of a Bid. Bidder
must fill all holes and clean up and restore the site to its former conditions upon
completion of such explorations, investigations, tests and studies.
4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the
cost of doing the Work, time required for its completion, and obtain all information
required to make a proposal. 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 understood 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
4.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or
between the Contract Documents and such other related documents. The Contractor
shall not take advantage of any gross error or omission in the Contract Documents,
and the City shall be permitted to make such corrections or interpretations as may be
deemed necessary for fulfillment of the intent of the Contract Documents.
4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of:
4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to
the site which have been utilized by City in preparation of the Contract Documents.
The logs of Soil Borings, if any, on the plans are for general information only.
Neither the City nor the Engineer guarantees that the data shown is representative of
conditions which actually exist.
4.2.2. those drawings of physical conditions in or relating to existing surface and
subsurface structures (except Underground Facilities) which are at or contiguous to
the site that have been utilized by City in preparation of the Contract Documents.
4.2.3. copies of such reports and drawings will be made available by City to any Bidder on
request. Those reports and drawings may not be part of the Contract Documents, but
the "technical data" contained therein upon which Bidder is entitled to rely as
provided in Paragraph 4.02. of the General Conditions has been identified and
established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is
responsible for any interpretation or conclusion drawn from any "technical data" or
any other data, interpretations, opinions or information.
4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i)
that Bidder has complied with every requirement of this Paragraph 4, (ii) that without
exception the Bid is premised upon performing and furnishing the Work required by the
Contract Documents and applying the specific means, methods, techniques, sequences or
procedures of construction (if any) that may be shown or indicated or expressly required
by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts,
errors, ambiguities and discrepancies in the Contract Documents and the written
resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not
been resolved through the interpretations by City as described in Paragraph 6., and (iv) that
the Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performing and furnishing the Work.
4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated
biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by
Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract
Documents.
5. Availability of Lands for Work, Etc.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
5.1. The lands upon which the Work is to be performed, rights -of -way and easements for
access thereto and other lands designated for use by Contractor in performing the Work are
identified in the Contract Documents. All additional lands and access thereto required for
temporary construction facilities, construction equipment or storage of materials and
equipment to be incorporated in the Work are to be obtained and paid for by Contractor.
Easements for permanent structures or permanent changes in existing facilities are to be
obtained and paid for by City unless otherwise provided in the Contract Documents.
5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed
in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right-
of-way, easements, and/or permits are not obtained, the City reserves the right to cancel
the award of contract at any time before the Bidder begins any construction work on the
project.
5.3. The Bidder shall be prepared to commence construction without all executed right-of-
way, easements, and/or permits, and shall submit a schedule to the City of how
construction will proceed in the other areas of the project that do not require permits
and/or easements.
6. Interpretations and Addenda
6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to
City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions
received after this day may not be responded to. Interpretations or clarifications considered
necessary by City in response to such questions will be issued by Addenda delivered to all
parties recorded by City as having received the Bidding Documents. Only questions
answered by formal written Addenda will be binding. Oral and other interpretations or
clarifications will be without legal effect.
Address questions to:
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Attn: Johnny T. Jasper,
TPW /Storm Water Management
Fax: 817-392-2433
Email: johnnv.iaspera,fortworthtexas.ffov
Phone: 81 7 392-7343
6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by
City.
6.3. Addenda or clarifications may be posted via Buzzsaw at ... /Infr•astructure
Projects/02179-Miscellaneous Storm Drain Improvements Contract 2013/Bid Documents
Package
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
6.4. A prebid conference may be held at the time and place indicated in the Advertisement or
INVITATION TO BIDDERS. Representatives of City will be present to discuss the
Project. Bidders are encouraged to attend and participate in the conference. City will
transmit to all prospective Bidders of record such Addenda as City considers necessary in
response to questions arising at the conference. Oral statements may not be relied upon
and will not be binding or legally effective.
7. Bid Security
7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five
(5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting
the requirements of Paragraphs 5.01 of the General Conditions.
7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award
have been satisfied. If the Successful Bidder fails to execute and deliver the complete
Agreement within 10 days after the Notice of Award, City may consider Bidder to be in
default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited.
Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all
other Bidders whom City believes to have a reasonable chance of receiving the award will
be retained by City until final contract execution.
8. Contract Times
The number of days within which, or the dates by which, Milestones are to be achieved in
accordance with the General Requirements and the Work is to be completed and ready for Final
Acceptance is set forth in the Agreement or incorporated therein by reference to the attached
Bid Form.
8.1. Life of the Contract: Work Orders will be issued to the Contractor, based on the
availability of funds and in coordination with the Contractor's schedule, for Work to be
performed under this Contract, up to 365 calendar days from the effective date of the
Notice to Proceed (NTP) or the limit of the City's allowed expenditure amount, whichever
should occur first.
8.2. Extension of Contract: If through the Work Orders, the Contractor has exhausted the
allotted funds prior to the end of the calendar term of the Contract, the City may elect to
extend the Contract through the end of the calendar term (up to a maximum of 25% of the
Contract's original value), provided sufficient funds are appropriated and/or received and
provided. Contractor agrees to abide by the same terms, conditions and unit prices
originally bid. The City shall provide Contractor with at least 30 days' written notice of
City's intent to extend the Contract.
The Contractor shall complete any Work covered by a Work Order issued prior to the date
of termination but will not be required to accept any Work Order dated after the date of
termination.
8.3. Option to Renew: The City has the right to renew this contract for up to two (2) renewals
under the same terms, conditions, and unit prices as originally bid. The City shall give at
least thirty (30) days' written notice of City's intent to renew the Contract prior to the
expiration of the Contract's Life. Renewal shall be by written instrument between the
Parties.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
9. Liquidated Damages
Provisions for liquidated damages are set forth in the Agreement.
10. Substitute and "Or -Equal" Items
The Contract, if awarded, will be on the basis of materials and equipment described in the
Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever
it is indicated or specified in the Bidding Documents that a "substitute" or "or -equal" item of
material or equipment may be furnished or used by Contractor if acceptable to City, application
for such acceptance will not be considered by City until after the Effective Date of the
Agreement. The procedure for submission of any such application by Contractor and
consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General
Conditions and is supplemented in Section 01 25 00 of the General Requirements.
11. Subcontractors, Suppliers and Others
11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-
2011 (as amended), the City has goals for the participation of minority business and/or
small 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 and SBE
Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor Waiver
Form and/or Good Faith Effort Form with documentation and/or Joint Venture Form as
appropriate. The Forms including documentation must be received by the City no later
than 5:00 P.M. CST, five (5) City business days after the bid opening date. The Bidder
shall obtain a receipt from the City as evidence the documentation was received.
Failure to comply shall render the bid as non -responsive.
11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or
organization against whom Contractor has reasonable objection.
12. Bid Form
12.1. The Bid Form is included with the Bidding Documents; additional copies may be
obtained from the City.
12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form
signed in ink. Erasures or alterations shall be initialed in ink by the person signing the
Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price
item listed therein. In the case of optional alternatives, the words "No Bid," "No
Change," or "Not Applicable" may be entered. Bidder shall state the prices, written in
ink in both words and numerals, for which the Bidder proposes to do the work
contemplated or furnish materials required. All prices shall be written legibly. In case
of discrepancy between price in written words and the price in written numerals, the
price in written words shall govern.
12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-
president or other corporate officer accompanied by evidence of authority to sign. The
corporate seal shall be affixed. The corporate address and state of incorporation shall
be shown below the signature.
12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner,
whose title must appear under the signature accompanied by evidence of authority to
sign. The official address of the partnership shall be shown below the signature.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
12.5. Bids by limited liability companies shall be executed in the name of the firm by a
member and accompanied by evidence of authority to sign. The state of formation of
the firm and the official address of the firm shall be shown.
12.6. Bids by individuals shall show the Bidder's name and official address.
12.7. Bids by joint ventures shall be executed by each joint venturer in the manner indicated
on the Bid Form. The official address of the joint venture shall be shown.
12.8. All names shall be typed or printed in ink below the signature.
12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of
which shall be filled in on the Bid Form.
12.10. Postal and e-mail addresses and telephone number for communications regarding the
Bid shall be shown.
12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas
shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State
Law Non Resident Bidder.
13. Submission of Bids
Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at
the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed
to City Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with
the City Project Number, Project title, the name and address of Bidder, and accompanied by the
Bid security and other required documents. If the Bid is sent through the mail or other delivery
system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID
ENCLOSED" on the face of it.
14. Modification and Withdrawal of Bids
14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be
withdrawn prior to the time set for bid opening. A request for withdrawal must be
made in writing by an appropriate document duly executed in the manner that a Bid
must be executed and delivered to the place where Bids are to be submitted at any time
prior to the opening of Bids. After all Bids not requested for withdrawal are opened and
publicly read aloud, the Bids for which a withdrawal request has been properly filed
may, at the option of the City, be returned unopened.
14.2. Bidders may modify their Bid by electronic communication at any time prior to the
time set for the closing of Bid receipt.
15. Opening of Bids
Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An
abstract of the amounts of the base Bids and major alternates (if any) will be made available to
Bidders after the opening of Bids.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
16. Bids to Remain Subject to Acceptance
All Bids will remain subject to acceptance for the time period specified for Notice of Award
and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's
sole discretion, release any Bid and nullify the Bid security prior to that date.
17. Evaluation of Bids and Method of Award of Contract
17.1. City reserves the right to reject any or all Bids, including without limitation the rights
to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and
to reject the Bid of any Bidder if City believes that it would not be in the best interest
of the Project to make an award to that Bidder, whether because the Bid is not
responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet
any other pertinent standard or criteria established by City. City also reserves the right
to waive informalities not involving price, contract time or changes in the Work with
the Successful Bidder. Discrepancies between the multiplication of units of Work and
unit prices will be resolved in favor of the unit prices. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be resolved in
favor of the correct sum. Discrepancies between words and figures will be resolved in
favor of the words.
17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists
among the Bidders, Bidder is an interested party to any litigation against City, City
or Bidder may have a claim against the other or be engaged in litigation, Bidder is
in arrears on any existing contract or has defaulted on a previous contract, Bidder
has performed a prior contract in an unsatisfactory manner, or Bidder has
uncompleted work which in the judgment of the City will prevent or hinder the
prompt completion of additional work if awarded.
17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and
other persons and organizations proposed for those portions of the Work as to which
the identity of Subcontractors, Suppliers, and other persons and organizations must be
submitted as provided in the Contract Documents or upon the request of the City. City
also may consider the operating costs, maintenance requirements, performance data and
guarantees of major items of materials and equipment proposed for incorporation in the
Work when such data is required to be submitted prior to the Notice of Award.
17.3. City may conduct such investigations as City deems necessary to assist in the
evaluation of any Bid and to establish the responsibility, qualifications, and financial
ability of Bidders, proposed Subcontractors, Suppliers and other persons and
organizations to perform and furnish the Work in accordance with the Contract
Documents to City's satisfaction within the prescribed time.
17.4. Contractor shall perform with his own organization, work of a value not less than 35%
of the value embraced on the Contract, unless otherwise approved by the City.
17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and
responsive Bidder whose evaluation by City indicates that the award will be in the best
interests of the City.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award
contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the
lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas
resident bidder would be required to underbid a Nonresident Bidder to obtain a
comparable contract in the state in which the nonresident's principal place of business
is located.
17.7. A contract is not awarded until formal City Council authorization. If the Contract is to
be awarded, City will award the Contract within 90 days after the day of the Bid
opening unless extended in writing. No other act of City or others will constitute
acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by the
City.
17.8. Failure or refusal to comply with the requirements may result in rejection of Bid.
17.9. Total quantities shown in the Bid Proposal may not reflect actual quantities; however,
they are a reasonable estimate of the amount of work in a given year. The quantities
provided are for the purpose of securing fair and competitive bids from Bidders. Award
of the Contract shall be based on the lowest responsible and responsive bidder's bid. A
Contract in the amount of $1,000,000 shall be awarded.
17.10. This Contract is non-exclusive. City reserves the right to award a Contract to more
than one qualified Bidder, provided however, awards are based on lowest responsible
and responsive bids. During the term of this Contract, or any extension or renewal
thereof, the City reserves the right to advertise and award additional Contracts for like
or similar work.
18. Signing of Agreement
18.1 When City issues a Notice of Award to the Successful Bidder, it will be accompanied
by the required number of unsigned counterparts of the Agreement. Within 14 days
thereafter Contractor shall sign and deliver the required number of counterparts of the
Agreement to City with the required Bonds, Certificates of Insurance, and all other
required documentation. City shall thereafter deliver one fully signed counterpart to
Contractor.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
00 35 13
BID FORM
Page 1 of 1
11
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11
11
I I
'J
II
I I
SECTION 00 35 13
CONFLICT OF INTEREST AFFIDAVIT
Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also
referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the
attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS
Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City
Secretary the required documentation and is eligible to bid on City Work. The referenced forms may
also be downloaded from the website links provided below.
htto://www.ethics.state.tx.us/forms/CIQ.oclf
htto://www.ethics.state.tx.us/forms/CIS.odf
CIQ Form is on file with City Secretary
❑ CIQ Form is being provided to the City Secretary
❑ CIS Form is on File with City Secretary
❑ CIS Form is being provided to the City Secretary
BIDDER:
WOODY CONTRACTORS INC. By: TROY WOODY
650 TOWER DRIVE Signature:
KENNEDALE,TEXAS 76060 -�
0 Title:
END OF SECTION
PRESIDENT
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook
00 41 00
BID FORM
Page 1 of 3
SECTION 00 41 00
BID FORM
TO: The City Manager
c/o: The Purchasing Department
1000 Throckmorton Street
City of Fort Worth, Texas 76102
FOR: Miscellaneous Storm Drain: Contract 2013
City Wide / All Council Districts
City Project No.: 02179 DOE No: 7140
DOE No:
DOE No:
Units/Sections: N/A
1. Enter Into Agreement
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the
Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the
Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.
2. BIDDER Acknowledgements and Certification
2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO
BIDDERS, including without limitation those dealing with the disposition of Bid Bond.
2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid
insurance certificate meeting all requirements within 14 days of notification of award.
2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is
not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.
2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.
2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding.
2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes
of this Paragraph:
a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action
of a public official in the bidding process.
b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the
detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of
free and open competition.
c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of
City, a purpose of which is to establish Bid prices at artificial, non-competitive levels.
d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence
their participation in the bidding process or affect the execution of the Contract.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327
00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook
00 41 00
BID FORM
Page 2 of 3
3. Prequalification
The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors:
a. Water Improvements
b. Sewer Improvements (Sanitary and Storm)
c. Asphalt Paving Construction/Reconstruction (Less than 10,000 SY)
d. Concrete Paving Constuction/Reconstruction (Less than 10,000 SY)
4. Time of Completion
4.1. Work Orders will be issued to the Contractor for work to be performed under this Contract for up to 365 calendar days following
the date of Notice to Proceed, (NTP) unless renewed by City and Contractor or funds become unavailable.
4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or
achievement of Milestones) within the times specified in the Agreement.
5. Attached to this Bid
The following documents are attached to and made a part of this Bid:
a. This Bid Form, Section 00 41 00
b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General
Conditions.
c. Proposal Form, Section 00 42 43
d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37
e. MWBE Forms (optional at time of bid)
f. Prequalification Statement, Section 00 45 12
g. Conflict of Interest Affidavit, Section 00 35 13
*If necessary, CIQ or CIS forms are to be provided directly to City Secretary
J
h. Any additional documents that may be required by Section 12 of the Instructions to Bidders
6. Total Bid Amount
6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided
below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening.
6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to
verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown
in this proposal and then totaling all of the extended amounts.
6.3. The Work for this Contract shall be issued on a Work Order basis. Bid quantities of the various items in Section 00 42 43 Bid
Proposal are for comparison purposes only in order to fairly award a Contract and may not reflect the actual quantities issued in
Work Orders.
6.4. Contractor shall not be entitled to renegotiation of unit prices regardless of the final measured quantities. No claim will be
considered for lost or anticipated profits based upon differences in estimated quantities versus actual quantities.
6.3. Total Bid
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327
00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook
00 41 00
BID FORM
Page 3 of 3
7. Bid Submittal
This Bid is submitted on
2-13-2014
by the entity named below.
Respectfulll., 'lied,(Receipt is acknowledged of the Initial
following Addenda:
(Addendum No. 1: ,ff
(Signature) Addendum No. 2:
(Addendum No. 3:
TROY WOODY (Addendum No. 4:
(Printed Name)
Title: PRESIDENT
Company: WOODY CONTRACTORS INC. Corporate Seal:
Address: 650 TOWER DRIVE
KENNEDALE,TEXAS 76060
State of Incorporation: TEXAS
Email: twoody2020@aol.com
Phone: 817-483-4787
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327
00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook
00 42 43 NEW PROPOSAI.
n/D PROPOSAI.
Page I of 3
SECTION 00 42 43
PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Bldlist
Item No.
Project Item Information Bidder's Proposal
Description
9999.0000 Pavement - Traffic Permit for Utility Street Cut
9999.0000 Project Designation Sign
0170.0102 Work Order Mobilization (Mist Only)
0241.0100 Remove Sidewalk
0241.0401 Remove Concrete Drive
0241.0402 Remove Asphalt Drive
0241.0500 Remove Fence
0241.1000 Remove Conc Pvmt
0241.0900 Remove Misc Conc Structure
0241.1300 Remove Conc Curb&Gutter
0241.1400 Remove Conc Valley Gutter
0241.3011 Remove 15" Storm Line
0241.3013 Remove 18" Storm Line
0241.3014 Remove 21" Storm Line
0241.3015 Remove 24" Storm Line
0241.3016 Remove 27" Storm Line
0241.3017 Remove 30" Storm Line
0241.3018 Remove 33" Storm Line
0241.3019 Remove 36" Storm Line
0241.3020 Remove 39" Storm Line
0241.3021 Remove 42" Storm Line
0241.3022 Remove 45" Storm Line
0241.3104 24" Storm Abandonment Plug
9999.0000 Remove 5' Curb Inlet
0241.4001 Remove 10' Curb Inlet
0241.4503 Remove 12" Trench Drain
0241.4504 Remove 18" Trench Drain
0241.4505 Remove 24" Trench Drain
0241.5001 Abandon Manhole
3110.0102 6"-12" Tree Removal
3110.0103 12"-18" Tree Removal
3110.0104 18"-24" Tree Removal
3110.0105 24" and Larger Tree Removal
3125.0101 SWPPP z 1 acre
3136.0101 Welded Gabions
3136.0102 Twisted Gabions
3136.0103 Welded Gabion Mattresses
3136.0104 Twisted Gabion Mattresses
3137.0102 Large Stone Riprap, dry
3137.0104 Medium Stone Riprap, dry
3137.0105 Medium Stone Riprap, grouted
3201.0111 4' Wide Asphalt Pvmt Repair, Residential
3201.0112 5' Wide Asphalt Pvmt Repair, Residential
3201.0614 Conc Pvmt Repair, Residential
3213.0101 6" Conc Pvmt
3213.0103 8" Conc Pvmt
3213.0301 4" Conc Sidewalk
3213.0302 5" Conc Sidewalk
3213.0400 5" Concrete Driveway
3213.0450 5" Concrete Driveway, Exposed Aggregate
3216.0101 6" Conc Curb and Gutter
3216.0102 7" Conc Curb and Gutter
3216.0301 9" Conc Valley Gutter, Residential
3231.0123 6' Chain Link, Aluminum
3231.0142 5' Steel Tube Fence
3231.0412 6' Fences, Wood
3291.0100 Topsoil
3292.0100 Block Sod Placement
3292.0400 Seeding, Hydromulch
3301.0002 Post -CCTV Inspection
3305.0002 6" Waterline Lowering
3305.0003 8" Waterline Lowering
Specification Unit of Bid
Section No. Measure Quantity Unit Price Bid Value
01 55 26 EA 15 $75.00 $1,125.00
01 58 13 EA 2 $300.00 $600.00
01 70 00 EA 15 $7,500.00 $112,500.00
02 41 13 SF 5000 $2.00 $10,000.00
02 41 13 SF 3000 $2.00 $6,000.00
02 41 13 SF 3000 $1.00 $3,000.00
02 41 13 LF 500 $10.00 $5,000.00
02 41 15 SY 150C $14.00 $21,000.00
02 41 13 LS 1 $1,500.00 $1,500.00
02 41 15 LF 2000 89.00 818,000.00
02 41 15 SY 100I $9.00 $900.00
02 41 14 LF 500 $8.00 $4,000.00
02 41 14 LF 500 $8.00 $4,000.00
02 41 14 LF 500 $11.00 $5,500.00
02 41 14 LF 500 $11.00 $5,500.00
02 41 14 LF 500 $11.00 $5,500.00
02 41 14 LF 500 $13.00 $6,500.00
02 41 14 LF 100' $13.00 $1,300.00
02 41 14 LF 100. $15.00 $1,500.00
02 41 14 LF 200 $15.00 $3,000.00
02 41 14 LF 100 $18.00 $1,800.00
02 41 14 LF 100 $18.00 $1,800.00
02 41 14 EA 5 $600.00 $3,000.00
00 00 00 EA 10 $350.00 $3,500.00
02 41 14 EA 5 $600.00 $3,000.00
02 41 14 LF 50 $5.00 $250.00
02 41 14 LF 50 $5.00 $250.00
02 41 14 LF 100 $5.00 $500.00
02 41 14 EA 5 $700.00 $3,500.00
31 10 00 EA 10 $600.00 $6,000.00
31 10 00 EA 10 $900.00 $9,000.00
31 10 00 EA 10 $1,200.00 $12,000.00
31 10 00 EA 10 $1,700.00 $17,000.00
31 25 00 LS 2 81,500.00, $3,000.00
31 36 00 CY 50. $290.00 $14,500.00
31 36 00 CY 5D $290.00 $14,500.00
31 36 00 CY 5C! $490.00 $24,500.00
31 36 00 CY 10D $490.00 $49,000.00
31 37 00 SY 10M $84.00 $8,400.00
31 37 00 SY 100 876.00' $7,600.00
31 37 00 SY 100 $84.00 $8,400.00
32 01 17 LF 100 $52.00 $5,200.00
32 01 17 LF 500 $63.00 $31,500.00
32 01 29 SY 200 $95.00 $19,000.00
32 13 13 SY 10C- $85.0C $8,500.00
32 13 13 SY 100 $93.0C $9,300.00
32 13 20 SF 200 $9.50 $1,900.00
32 13 20 SF 100. $10.50 $1,050.00
32 13 20 SF 100 $12.00 $1,200.00
3213 20 SF 100 $14.00 $1,400.00
32 16 13 LF 300 $35.00 $10,500.00
321613 LF 100 $37.00 $3,700.00
32 16 13 SY 100 $88.00 $8,800.00
32 31 13 LF 150 $20.00 $3,000.00
32 31 13 LF 100 $35.00 $3,500.00
32 31 29 LF 500 $24.00 $12,000.00
32 91 19 CY 1000 $1.00 $1,000.00
32 92 13 SF 1000C $2.25 $22,500.00
32 92 13 SF 5000 $1.00 $5,000.00
33 01 31 LF 500C $2.00 $10,000.00
33 05 12 EA 100 $1,000.00 $100,000.00
33 05 12 EA 100 $1,200.00 $120,000.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Raised 20120120
004110) j104313 1104241 004337_0045 I2_0035 13 Bid Proposal Workbook
fN) 42 43 NEW PROPOSAL.
BID PROPOSAL,
Page 2 of 3
SECTION 00 42 43
PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Bldlist
Item No.
Project Item Information Bidder's Proposal
Description
63 3305.0108 Miscellaneous Structure Adjustment
64 3305.0109 Trench Safety
65 3305.0112 Concrete Collar
66 3300.0001 Ductile Iron Water Fittings w/Restrain
67 3312.2101 1 1/2" Water Service, Meter Reconnection
68 3312.2201 2" Water Service, Meter Reconnection
69 3331.3311 4" Sewer Service, Reconnection
3339.1001 4' Manhole (Sanitary Sewer)
70
71
72
73
3339.1003 4' Extra Depth Manhole (Sanitary Sewer)
3339.1101 5' Manhole (Sanitary Sewer)
3339.1103 5' Extra Depth Manhole (Sanitary Sewer)
74 3341.0101 15" HDPE Pipe
75 3341.0102 18" HDPE Pipe
76 3341.0103 18" RCP, Class III
77 3341.0201 21" RCP, Class III
78 3341.0204 24" HDPE Pipe
79 3341.0205 24" RCP, Class III
80 3341.0208 27" RCP, Class III
81 3341.0301 30" HDPE Pipe
82 3341.0302 30" RCP, Class III
83 3341.0305 33" RCP, Class III
84 3341.0308 36" HDPE Pipe
85 3341.0309 36" RCP, Class 111
86 3341.0312 39" RCP, Class 111
87 3341.0402 42" RCP, Class III
88 3341.0405 45" RCP, Class III
89 3341.0409 48" RCP, Class III
90 3341.0502 54" RCP, Class III
91 3341.0602 60" RCP, Class III
92 3341.0701 72" RCP, Class III
93 3341.1001 3x2 Box Culvert
94 3341.1101 4x2 Box Culvert
95 3341.1103 4x4 Box Culvert
96 3341.1202 5x4 Box Culvert
97 3346.3003 12" Trench Drain
98 3346.3004 18" Trench Drain
99 3346.3005 24" Trench Drain
100 3349.0001 4' Storm Junction Box
101 3349.0002 5' Storm Junction Box
102 3349.0003 6' Storm Junction Box
103 3349.0105 5-Sided Manhole
104 3349.7001 4' Drop Inlet
105 3349.8001 10' Type 2 Inlet
106 3349.8002 15' Type 2 Inlet
107 3349.8003 20' Type 2 Inlet
108 3349.9001 2' Grate Inlet
109 3471.0001 Traffic Control
110 .0103 Work Order Emergency Mobilization (Misc Only)
111 0241.2012 Remove 6" Sewer Line
112 0241.2013 Remove 8" Sewer Line
113 0241.4401 Remove Headwall/SET
114 3123.0101 Unclassified Excavation by Plan
115 3201.0400 Temporary Asphalt Paving Repair
116 3201.0121 4' Wide Asphalt Pvmt Repair, Arterial
117 3201.0122 5' Wide Asphalt Pvmt Repair, Arterial
118 3201.0201 Asphalt Pvmt Repair Beyond Defined Width, Residential
119 3201.0202 Asphalt Pvmt Repair Beyond Defined Width, Arterial
120 3232.0100 Conc Ret Wall with Sidewalk, Face
Specification Unit of Bid
Section No. Measure Quantity
33 05 14 EA 10 $2,100.00 $21,000.00
33 05 10 LF 5000 $3.00 $15,000.00
33 05 17 EA 20 $1,000.00 $20,000.00
33 11 11 TON 1 $8,000.00 $8,000.00
331210 EA 10 $550.00 $5,500.00
33 12 10 EA 5 $700.00 $3,500.00
33 31 50 EA 10 $850.00 $8,500.00
33 39 10, 33 39
20 EA 20 $2,100.00 $42,000.00
33 39 10, 33 39
20 VF 20 $110.00 $2,200.00
33 39 10, 33 39 EA
20 10 $3,325.00 $33,250.00
33 39 10, 33 39
20 VF 20 $160.00 $3,200.00
33 41 11 LF 250 $77.00 $19,250.00
33 41 11 LF 500 $90.00 $45,000.00
33 41 10 LF 500 $90.00 $45,000.00
33 41 10 LF 500 $100.0C $50,000.00
33 41 11 LF 500 $110.00 $55,000.00
33 41 10 LF 1000 $110.00 $110,000.00
33 41 10 LF 500 $113.00 $56,500.00
33 41 11 LF 500 $130.00 $65,000.00
33 41 10 LF 500 $122.00 $61,000.00
33 41 10 LF 200 $124.00 $24,800.00
33 41 11 LF 500 $145.00 $72,500.00
33 41 10 LF 500 $137.00 $68,500.00
33 41 10 LF 100 $143.00 $14,300.00
33 41 10 LF 500 $160.00 $80,000.00
33 41 10 LF 200 $162.00 $32,400.00
33 41 10 LF 500 $176.00 $88,000.00
33 41 10 LF 500 $217.00 $108,500.00
33 41 10 LF 200 $250.00 $50,000.00
33 41 10 LF 200 $305.00 $61,000.00
33 41 10 LF 200 $180.00 $36,000.00
33 41 10 LF 200 $197.0C $39,400.00
33 41 10 LF 200 $227.0C $45,400.00
33 41 10 LF 200 $260.0C• $52,000.00
33 46 02 LF 50 $380.00 $19,000.00
33 46 02 LF 50 $490.00. $24,500.00
33 46 02 LF 50 8600.00' $30,000.00
33 49 10 EA 20 $4,100.00 $82,000.00
33 49 10 EA 5 $4,900.00 $24,500.00
33 49 10 EA 2 $6,200.00 $12,400.00
33 49 10 EA 2 $6,400.00 $12,800.00
33 49 20 EA 10 $5,700.00 $57,000.00
33 49 20 EA 10 $8,000.00 $80,000.00
33 49 20 EA 5 $10,400.00 $52,000.00
33 49 20 EA 5 $13,300.00 $66,500.00
33 49 20 EA 5 $2,900.00 $14,500.00
34 71 13 MO 5 $2,500.00 $12,500.00
01 70 00 EA 2 $9,000.00 $18,000.00
02 41 14 LF 100 $5.00 $500.00
02 41 14 LF 100 $5.00 $500.00
02 41 14 EA 5 $600.00 $3,000.00
31 23 16 CY 1000 $25.00 $25,000.00
32 01 18 SF 200 $5.00 $1,000.00
32 01 17 LF 500 $64.00 $32,000.00
32 01 17 LF 500 $75.00 $37,500.00
32 01 17 SY 200 $86.00 $17,200.00
33 01 17 SY 200 $109.00 $21,800.00
32 32 13 SF 100 $100.00 $10,000.00
Unit Price Bid Value
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION IX)CUMENTS
Form Rcvi,en120I211I2))
0)41 IX) 01143 13 00 42 43 004337 (X)4512 IX)35 13 Bid ProDroo) Workbook
00 42 43 NEW PROPOSAL.
BID PROPOSAL
Page Di
SECTION 00 42 43
PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Bidlist
Item No.
Project Item Information Bidder's Proposal
Description
Specification Unit of Bid
Section No. Measure Quantity
Unit Price Bid Value
121 3292.0500 Seeding, Soil Retention Blanket 32 92 13 SY 200 $11.50 $2,300.00
122 9999.0000 Sprinkler repair 33 00 00 LS 1 $5,000.00 $5,000.00
123 3305.0103 Exploratory Excavation of Existing Utilities 33 05 30 EA 50 $800.00 $40,000.00
124 3349.1000 Headwall, Box Culvert 33 49 40 CY 100 $730.00 $73,000.00
125 3349.6002 15' Recessed Inlet 33 49 20 EA 5 $5,400.00 $27,000.00
126 3349.6003 20' Recessed Inlet 33 49 20 EA 5 $7,000.00 $35,000.00
127 3471.0002 Portable Message Sign 34 71 13 WK 5 $900.00 $4,500.00
128 0241.0600 Remove Wall <4' 02 41 13 LF 100 $10.00 $1,000.00
129 0241.4101 Remove 10' Recessed Inlet 02 41 14 EA 5 $600.00 $3,000.00
130 0241.2201 Remove 4' Sewer Manhole 02 41 14 EA 5 $700.00 $3,500.00
131 0241.3401 Remove 4' Storm Junction Box 02 41 14 EA 5 $900.00 $4,500.00
132 0241.5001 Abandon Manhole 02 41 14 EA 5 $700.00 $3,500.00
133 3137.0101 Concrete Riprap 31 37 00 SY 50 $85.00 $4,250.00
134 3201.0132 5' Wide Asphalt Pvmt Repair, Industrial 32 01 17 LF 100 $75.00 $7,500.00
135 3201.0616 Conc Pvmt Repair, Arterial/Industrial 32 01 29 SY 100 $105.00 $10,500.00
136 3212.0302 2" Asphalt Pvmt Type D 32 12 16 SY 500 $25.00 $12,500.00
137 3301.0001 Pre -CCTV Inspection 33 01 31 LF 500 $5.00 $2,500.00
138 3339.0003 Wastewater Access Chamber 33 39 40 EA 5 $2,600.00 $13,000.00
139 3341.0704 78" RCP, Class III 33 41 10 LF 100 $365.00 $36,500.00
140 3341.0801 84" RCP, Class III 3341 10 LF 100 $405.00 $40,500.00
141 3341.1303 6x4 Box Culvert 33 41 10 LF 100 $310.00 $31,000.00
142 3341.1304 6x5 Box Culvert 33 41 10 LF 100 $330.00 $33,000.00
143 3341.1401 7x3 Box Culvert 33 41 10 LF 100 $330.00 $33,000.00
144 3341.1402 7x4 Box Culvert 33 41 10 LF 100 $350.00 $35,000.00
145 3341.1403 7x5 Box Culvert 33 41 10 LF 100 $375.00 $37,500.00
146 3341.1501 8x4 Box Culvert 33 41 10 LF 100 $378.00 $37,800.00
147 3346.0006 4" Pipe Underdrain, Type 6 33 46 00 LF 100 $41.00 $4,100.00
148 3346.0106 6" Pipe Underdrain, Type 6 33 46 00 LF 100 $43.00 $4,300.00
149 3346.0206 8" Pipe Underdrain, Type 6 33 46 00 LF 100 $45.00 $4,500.00
150 9999.0000 Extra trench Depth for 45-Inch pipe or less (per trench 8 Ft - 10 Ft) 33 41 10 LF 100 $22.00 $2,200.00
151 9999.0000 Extra trench Depth for 45-Inch pipe or less (per trench 10 Ft - 12 Ft) 33 41 10 LF 100 $28.00 $2,800.00
152 9999.0000 Extra trench Depth for 45-Inch pipe or less (per trench 12 Ft - 15 Ft) 33 41 10 LF 100 $38.00 $3,800.00
153 9999.0000 Extra trench Depth for 48-Inch pipe or greater (per trench 8 Ft -10 Ft) 33 41 10 LF 100 $26.00 $2,600.00
154 9999.0000 Extra trench Depth for 48-Inch pipe or greater (per trench 10 Ft -12 Ft) 33 41 10 LF 100 $32.00 $3,200.00
155 9999.0000 Extra trench Depth for 48-Inch pipe or greater (per trench 12 Ft -15 Ft) 33 41 10 LF 100 $46.O0, $4,600.00
156 9999.0000 Extra trench Depth for box culvert (per trench 8 Ft -10 Ft) 33 41 10 LF 100 $26.00 $2,600.00
157 9999.0000 Extra trench Depth for box culvert (per trench 10 Ft - 12 Ft) 33 41 10 LF 100 $32.00 $3,200.00
158 9999.0000 Extra trench Depth for box culvert (per trench 12 Ft -15 Ft) 33 41 10 LF 100 $46.00 $4,600.00
159 9999.0000 Connect to Existing Inlet 33 41 10 EA 10 $500.00 $5,000.00
160 9999.0000 Additional Depth over 6 FT of Std. 4 FT Dia. Manhole 33 49 10 VF 10 $370.00 $3,700.00
161 9999.0000 Additional Depth over 6 FT of Std. 5 FT Dia. Manhole 33 49 10 VF 10 $420.00 $4,200.00
162 9999.0000 Additional Depth over 6 FT of Std. 6 FT Dia. Manhole 33 49 10 VF 10 $470.00 $4,700.00
163 9999.0000 Additional Depth over 6 FT of Std. 7 FT Dia. Manhole 33 49 10 VF 10 $530.00 $5,300.00
Bid Summary
END OF SECTION
Total Bidi $3,485,125.00I
CFI Y OF TORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Rc,is d 20120120
(3)4100 0043 33_0114243 004337_)104512_/03513_130 Ptopnxal Workbook
00 43 37
VENDOR COMPLIANCE TO STATE LAW
Page 1 of 1
SECTION 00 43 37
VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER
Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This
law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors
whose corporate offices or principal place of business are outside the State of Texas) bid projects for
construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident
bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in
order to obtain a comparable contract in the State which the nonresident's principal place of business is located.
The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet
specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident
bidders must check the box in Section B.
A. Nonresident bidders in the State of State 1 lere or Blank , our principal place of business,
are required to be % Here percent lower than resident bidders by State Law. A copy of the
statute is attached.
Nonresident bidders in the State of , our principal place of business,
are not required to underbid resident bidders.
(-.
• The principal place of business of our company or our parent company or majority owner is
in the State of Texas. D
BIDDER:
WOODY CONTRACTORS INC. By: TROY WOODY
650 TOWER DRIVE
KENNEDALE,TEXAS 76060
0
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20110627
(Signature
Title: PRESIDENT
Date: a - (3 - I
00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook
SECTION 00 4511
BIDDERS PREQUALIFICATIONS
1. Summary. All contractors are required to be prequalified by the City prior to submitting bids.
To be eligible to bid the contractor must submit Section 00 45 12, Prequalification Statement
for the work type(s) listed with their Bid. Any contractor or subcontractor who is not
prequalified for the work type(s) listed must submit Section 00 45 13, Bidder Prequalification
Application in accordance with the requirements below.
The prequalification process will establish a bid limit based on a technical evaluation and
financial analysis of the contractor. The information must be submitted seven (7) days prior to
the date of the opening of bids. For example, a contractor wishing to submit bids on projects to
be opened on the 7th of April must file the information by the 31st day of March in order to bid
on these projects. In order to expedite and facilitate the approval of a Bidder's Prequalification
Application, the following must accompany the submission.
a. A complete set of audited or reviewed financial statements.
(1) Classified Balance Sheet
(2) Income Statement
(3) Statement of Cash Flows
(4) Statement of Retained Earnings
(5) Notes to the Financial Statements, if any
b. A certified copy of the firm's organizational documents (Corporate Charter, Articles of
Incorporation, Articles of Organization, Certificate of Formation, LLC Regulations,
Certificate of Limited Partnership Agreement).
c. A completed Bidder Prequalification Application.
(1) The firm's Texas Taxpayer Identification Number as issued by the Texas
Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification
number visit the Texas Comptroller of Public Accounts online at the following
web address www.window.state.tx.us/taxpermit/ and fill out the application to
apply for your Texas tax ID.
(2) The firm's e-mail address and fax number.
(3) The firm's DUNS number as issued by Dun & Bradstreet. This number is
used by the City for required reporting on Federal Aid projects. The DUNS
number may be obtained at www.dnb.com.
d. Resumes reflecting the construction experience of the principles of the firm for firms
submitting their initial prequalification. These resumes should include the size and
scope of the work performed.
e. Other information as requested by the City.
2. Prequalification Requirements
a. Financial Statements. Financial statement submission must be provided in accordance
with the following:
(1) The City requires that the original Financial Statement or a certified copy
be submitted for consideration.
(2) To be satisfactory, the financial statements must be audited or reviewed by
an independent, certified public accounting firm registered and in good
standing in any state. Current Texas statues also require that accounting
firms performing audits or reviews on business entities within the State of
Texas be properly licensed or registered with the Texas State Board of
Public Accountancy.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
(3) The accounting firm should state in the audit report or review whether the
contractor is an individual, corporation, or limited liability company.
(4) Financial Statements must be presented in U.S. dollars at the current rate of
exchange of the Balance Sheet date.
(5) The City will not recognize any certified public accountant as independent
who is not, in fact, independent.
(6) The accountant's opinion on the financial statements of the contracting
company should state that the audit or review has been conducted in
accordance with auditing standards generally accepted in the United States
of America. This must be stated in the accounting firm's opinion. It should:
(1) express an unqualified opinion, or (2) express a qualified opinion on the
statements taken as a whole.
(7) The City reserves the right to require a new statement at any time.
(8) The financial statement must be prepared as of the last day of any month,
not more than one year old and must be on file with the City 16 months
thereafter, in accordance with Paragraph 1.
(9) The City will determine a contractor's bidding capacity for the purposes of
awarding contracts. Bidding capacity is determined by multiplying the
positive net working capital (working capital = current assets — current
liabilities) by a factor of 10. Only those statements reflecting a positive net
working capital position will be considered satisfactory for prequalification
purposes.
(10) In the case that a bidding date falls within the time a new financial
statement is being prepared, the previous statement shall be updated with
proper verification.
b. Bidder Prequalifrcation Application. A Bidder Prequalification Application must be
submitted along with audited or reviewed financial statements by firms wishing to be
eligible to bid on all classes of construction and maintenance projects. Incomplete
Applications will be rejected.
(1) In those schedules where there is nothing to report, the notation of "None"
or "N/A" should be inserted.
(2) A minimum of five (5) references of related work must be provided.
(3) Submission of an equipment schedule which indicates equipment under the
control of the Contractor and which is related to the type of work for which
the Contactor is seeking prequalification. The schedule must include the
manufacturer, model and general common description of each piece of
equipment. Abbreviations or means of describing equipment other than
provided above will not be accepted.
3. Eligibility to Bid
a. The City shall be the sole judge as to a contractor's prequalification.
b. The City may reject, suspend, or modify any prequalification for failure by the
contractor to demonstrate acceptable financial ability or performance.
c. The City will issue a letter as to the status of the prequalification approval.
d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid
the prequalified work types until the expiration date stated in the letter.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
00 45 12
BID FORM
Page 1 of 1
SECTION 00 45 12
PREQUALIFICATION STATEMENT
Each Bidder for a City procurement is required to complete the information below by identifying the prequalified
contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed.
Major Work Type Contractor/Subcontractor Company Name xpir EPrequalification
Expiration Date
Water Improvements WOODY CONTRACTORS INC. 4-31-14
Sewer Improvements (Sanitary
and Storm)
Asphalt Paving
Construction/Reconstruction
(Less than 10,000 SY)
Concrete Paving
Constuction/Reconstruction
(Less than 10,000 SY)
WOODY CONTRACTORS INC. 4/13/2014
Company Name Here or space
Company Name Here or space
Date Here or
space
Date Here or
space
The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are
currently prequalified for the work types listed.
BIDDER:
WOODY CONTRACTORS INC. By: TRQY-WOODY
650 TOWER DRIVE
KENNEDALE,TEXAS 76060
0
(Signatyr
Title: PRESIDENT
Date:
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120
00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook
FORT WORTH
SECTION 00 45 13
BIDDER PREQUALIFICATION APPLICATION
Date of Balance Sheet
Mark only one:
Name under which you wish to qualify
Individual
Limited Partnership
General Partnership
Corporation
Limited Liability Company
Post Office Box City State Zip Code
Street Address (required) City State Zip Code
( ) ( 1
Telephone Fax Email
Texas Taxpayer Identification No.
Federal Employers Identification No.
DUNS No. (if applicable)
MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO:
CITY OF FORT WORTH TEXAS
1000 THROCKMORTON STREET
FORT WORTH, TEXAS 76102-6311
AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION"
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
BUSINESS CLASSIFICATION
The following should be completed in order that we may properly classify your firm:
(Check the block(s) which are applicable — Block 3 is to be left blank if Block 1 and/or Block 2 is
checked)
Has fewer than 100 employees
and/or
Has less than $6,000,000.00 in annual gross receipts
OR
Does not meet the criteria for being designated a small business as provided in Section
2006.001 of the Texas Government Code.
The classification of your firm as a small or large business is not a factor in determining eligibility
to become prequalified.
MAJOR WORK CATEGORIES
Water Department
_ Augur Boring - 24-inch diameter casing and less
_ Augur Boring - Greater than 24-inch diameter casing and greater
_ Tunneling — 36-Inches — 60 —inches, and 350 LF or less
Tunneling - 36-Inches — 60 —inches, and greater than 350 LF
_ Tunneling — 66" and greater, 350 LF and greater
_ Tunneling — 66" and greater, 350 LF or Less
_ Cathodic Protection
_ Water Distribution, Development, 8-inch diameter and smaller
Water Distribution, Urban and Renewal, 8-inch diameter and smaller
Water Distribution, Development, 12-inch diameter and smaller
_ Water Distribution, Urban and Renewal, 12-inch diameter and smaller
Water Transmission, Development, 24-inches and smaller
Water Transmission, Urban/Renewal, 24-inches and smaller
Water Transmission, Development, 42-inches and smaller
_ Water Transmission, Urban/Renewal, 42-inches and smaller
Water Transmission, Development, All Sizes
_ Water Transmission, Urban/Renewal, All Sizes
_ Sewer Bypass Pumping, 18-inches and smaller
_ Sewer Bypass Pumping, 18-inches — 36-inches
_ Sewer Bypass Pumping 42-inches and larger
_ CCTV, 8-inches and smaller
_ CCTV, 12-inches and smaller
_ CCTV, 18-inches and smaller
_ CCTV, 24-inches and smaller
CCTV, 42-inches and smaller
CCTV, 48-inches and smaller
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
MAJOR WORK CATEGORIES, CONTINUED
Sewer CIPP, 12-inches and smaller
_ Sewer CIPP, 24-inches and smaller
Sewer CIPP, 42-inches and smaller
_ Sewer CIPP, All Sizes
_ Sewer Collection System, Development, 8-inches and smaller
Sewer Collection System, Urban/Renewal, 8-inches and smaller
_ Sewer Collection System, Development, 12-inches and smaller
Sewer Collection System, Urban/Renewal, 12-inches and smaller
Sewer Interceptors, Development, 24-inches and smaller
_ Sewer Interceptors, Urban/Renewal, 24-inches and smaller
Sewer Interceptors, Development, 42-inches and smaller
_ Sewer Interceptors, Urban/Renewal, 42-inches and smaller
Sewer Interceptors, Development, 48-inches and smaller
_ Sewer Interceptors, Urban/Renewal, 48-inches and smaller
_ Sewer Pipe Enlargement 12-inches and smaller
Sewer Pipe Enlargement 24-inches and smaller
_ Sewer Pipe Enlargement, All Sizes
_ Sewer Cleaning , 24-inches and smaller
_ Sewer Cleaning , 42-inches and smaller
Sewer Cleaning , All Sizes
_ Sewer Cleaning, 8-inches and smaller
_ Sewer Cleaning, 12-inches and smaller
_ Sewer Siphons 12-inches or less
_ Sewer Siphons 24-inches or less
_ Sewer Siphons 42-inches or less
_ Sewer Siphons All Sizes
_ Transportation Public Works
_ Asphalt Paving Construction/Reconstruction (LESS THAN 10,000 square yards)
_ Asphalt Paving Construction/Reconstruction (10,000 square yards and GREATER)
_ Asphalt Paving Heavy Maintenance (UNDER $1,000,000)
_ Asphalt Paving Heavy Maintenance ($1,000,000 and OVER)
_ Concrete Paving Construction/Reconstruction (LESS THAN 10,000 square yards)
_ Concrete Paving Construction/Reconstruction (10,000 square yards and GREATER)
Roadway and Pedestrian Lighting
1. List equipment you do not own but which is available by renting
DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
2. How many years has your organization been in business as a general contractor under your present
name?
List previous business names:
3. How many years of experience in construction work has your
organization had:
(a) As a General Contractor:
(b) As a Sub -Contractor:
4. *What projects has your organization completed in Texas and elsewhere?
CLASS LOCATION NAME AND DETAILED
CONTRACT OF DATE CITY -COUNTY- ADDRESS OF OFFICIAL TO
AMOUNT WORK COMPLETED STATE WHOM YOU REFER
*If requalifying only show work performed since last statement.
5. Have you ever failed to complete any work awarded to you?
If so, where and why?
6. Has any officer or owner of your organization ever been an officer of another organization that
failed to complete a contract?
If so, state the name of the individual, other organization and reason.
7. Has any officer or owner of your organization ever failed to complete a contract executed in his/her
name?
If so, state the name of the individual, name of owner and reason.
8. In what other lines of business are you fmancially interested?
9. Have you ever performed any work for the City?
If so, when and to whom do you refer?
10.
11.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
12. State names and detailed addresses of all producers from whom you have purchased principal
materials during the last three years.
NAME OF FIRM OR COMPANY DETAILED ADDRESS
13. Give the names of any affiliates or relatives currently debarred by the City. Indicate your
relationship to this person or firm.
14. What is the construction experience of the principal individuals in your organization?
PRESENT MAGNITUDE
POSITION OR YEARS OF AND TYPE OF IN WHAT
NAME OFFICE EXPERIENCE WORK CAPACITY
15. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the
same household with a City employee, please list the name of the City employee and the
relationship. In addition, list any City employee who is the spouse, child, or parent of an owner,
officer, stockholder, or director who does not live in the same household but who receives care and
assistance from that person as a direct result of a documented medical condition. This includes
foster children or those related by adoption or marriage.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
CORPORATION BLOCK PARTNERSHIP BLOCK
If a corporation: If a partnership:
Date of Incorporation State of Organization
Charter/File No. Date of organization
President Is partnership general, limited, or registered limited
liability partnership?
Vice Presidents
Secretary
Treasurer
LIMITED LIABILITY COMPANY BLOCK
If a corporation:
State of Incorporation
Date of organization
File No.
Officers or Managers (with titles, if any)
File No. (if Limited
Partnership)
General Partners/Officers
Limited Partners (if applicable)
Individuals authorized to sign for Partnership
Except for limited partners, the individuals listed in the blocks above are presumed to have
full signature authority for your firm unless otherwise advised. Should you wish to grant
signature authority for additional individuals, please attach a certified copy of the corporate
resolution, corporate minutes, partnership agreement, power of attorney or other legal
documentation which grants this authority.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
16. Equipment $
ITEM QUANTITY
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Various -
ITEM DESCRIPTION
TOTAL
BALANCE SHEET
VALUE
TOTAL
Similar types of equipment may be lumped together. If your firm has more than 30 types of
equipment, you may show these 30 types and show the remainder as "various". The City, by
allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed
list of all your equipment.
The equipment list is a representation of equipment under the control of the firm and which is
related to the type of work for which the firm is seeking qualification. In the description include, the
manufacturer, model, and general common description of each.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
BIDDER PREQUALIFICATION AFFIDAVIT
STATE OF
COUNTY OF
The undersigned hereby declares that the foregoing is a true statement of the financial condition of
the entity herein first named, as of the date herein first given; that this statement is for the express
purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the
accountant who prepared the balance sheet accompanying this report as well as any depository,
vendor or any other agency herein named is hereby authorized to supply each party with any
information, while this statement is in force, necessary to verify said statement.
, being duly sworn, deposes and says that
he/she is the of , the
entity described in and which executed the foregoing statement that he/she is familiar with the
books of the said entity showing its financial condition; that the foregoing financial statement taken
from the books of the said entity as of the date thereof and that the answers to the questions of the
foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit.
Firm Name:
Signature:
Sworn to before me this
day of
Notary Public
Notary Public must not be an officer, director, or stockholder or relative thereof.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
SECTION 00 45 26
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides
worker's compensation insurance coverage for all of its employees employed on City Project No.
02179. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as
amended, it will provide to City its subcontractor's certificates of compliance with worker's
compensation coverage.
CONTRACTOR:
k 011 C94717-a 4.5 J -( By: I."gh moody
Company (Please nt) /
6 5 0 / Q keNer 1"/ ` Signature:
Address
22t6CTitle: l*/c-P�j
City/State/Zip (Please Print)
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the /�undersi ned authority, on this day personally appeared
�o 17 oo , known to me to be the person whose name is
subscribed to the foregoi g instrument, and acknowledged to me that he/she executed the same as
the act and deed of t,/o,d% / ,' ii-i �A, - s ;, c_ for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
,,Or, ,
SHARON RIDDLE
Notary Public
STATE OF TEXAS 1
My Comm. Exp. 02/28/2015
/774
day of
Notary Public in and or the State of Texas
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
SECTION 00 45 40
MINORITY BUSINESS ENTERPRISE GOAL
[This document is to be printed on `pink" paper in its final form]
APPLICATION OF POLICY
If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal
may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE
subcontracting 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
Business Enterprises (MBE) in the procurement of all goods and services. All requirements and
regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid.
MBE PROJECT GOAL
The City's MBE goal on this project is 15 % of the total bid (Base bid applies to Parks and
Community Services). Note: If both MBE and SBE subcontracting goals are established for this
project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to
be deemed responsive.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are
required to comply with the intent of the City's Business Diversity Ordinance by one of the
following:
1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or
2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or
3. Good Faith Effort documentation, or;
4. Waiver documentation.
Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non-
responsive. Any questions, please contact the M/WBE Office at (817) 392-6104.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Managing Department, within the following
times allocated, in order for the entire bid to be considered responsive to the specifications. The
Offeror shall deliver the MBE documentation in person to the appropriate employee of the
Managing Department and obtain a date/time receipt. Such receipt shall be evidence that the City
received the documentation in the time allocated. A faxed copy will not be accepted.
1. Subcontractor Utilization Form, if goal is met received by 5:00 p.m., five (5) City business days after
or exceeded: the bid opening date, exclusive of the bid opening date.
2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after
Utilization Form, if participation is less than the bid opening date, exclusive of the bid opening date.
stated goal:
3. Good Faith Effort and Subcontractor
Utilization Form, if no MBE participation:
4. Prime Contractor Waiver Form, if firm will
perform all subcontracting/supplier work:
5. Joint Venture Form, if utilizing a joint venture
to meet 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.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
005243-1
Agreement
Page 1 of 4
1
2 SECTION 00 52 43
3 AGREEMENT
4 THIS AGREEMENT, authorized on April 8, 2014 is made by and between the City of Fort
5 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager,
6 ("City"), and Woody Contractors, Inc. , authorized to do business in Texas, acting by and
7 through its duly authorized representative, ("Contractor").
8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
9 follows:
10 Article 1. WORK
11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
12 Project identified herein.
13 Article 2. PROJECT
14 The project for which the Work under the Contract Documents may be the whole or only a part is
15 generally described as follows:
16 Miscellaneous Storm Drain Improvements: Contract 2013
17 City Proiect No. 02179
18
19 Article 3. CONTRACT TIME
20 3.1 Time is of the essence.
21 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
22 Documents are of the essence to this Contract.
23 3.2 Final Acceptance.
24 The Work will be complete for Final Acceptance within 365 days after the date when the
25 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
26 3.3 Liquidated damages
27 Contractor recognizes that time is of the essence of this Agreement and that City will
28 suffer financial loss if the Work is not completed within the times specified in Paragraph
29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
30 General Conditions. The Contractor also recognizes the delays, expense and difficulties
31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work
32 is not completed on time. Accordingly, instead of requiring any such proof , Contractor
33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay
34 City <Three Hundred Fifteen and no/100> Dollars ($315.00) for each day that expires
35 after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the
36 Final Letter of Acceptance.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drairr Improvements: Contract 2013
City Contract No. 02179
00 52 43 - 2
Agreement
Page 2 of 4
1 Article 4. CONTRACT PRICE
2 City agrees to pay Contractor for performance of the Work in accordance with the Contract
3 Documents an amount up to current funds of One Million and no/100 Dollars ($1,000,000.00).
4 Article 5. CONTRACT DOCUMENTS
5 5.1 CONTENTS:
6
7
8
A. The Contract Documents which comprise the entire agreement between City and
Contractor concerning the Work consist of the following:
1. This Agreement.
9 2. Attachments to this Agreement:
10 a. Bid Form
11 1) Proposal Form
12 2) Vendor Compliance to State Law Non -Resident Bidder
13 3) Prequalification Statement
14 4) State and Federal documents (project specific)
15 b. Current Prevailing Wage Rate Table
16 c. Insurance ACORD Form(s)
17 d. Payment Bond
18 e. Performance Bond
19 f. Maintenance Bond
20 g. Power of Attorney for the Bonds
21 h. Worker's Compensation Affidavit
22 i. MWBE Commitment Form
23 3. General Conditions.
24 4. Supplementary Conditions.
25 5. Specifications specifically made a part of the Contract Documents by attachment
26 or, if not attached, as incorporated by reference and described in the Table of
27 Contents of the Project's Contract Documents.
28 6. Drawings.
29 7. Addenda.
30 8. Documentation submitted by Contractor prior to Notice of Award.
31 9. The following which may be delivered or issued after the Effective Date of the
32 Agreement and, if issued, become an incorporated part of the Contract Documents:
33 a. Notice to Proceed.
34 b. Field Orders.
35 c. Change Orders.
36 d. Letter of Final Acceptance.
37
38
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Contract No. 02179
00 52 43 - 3
Agreement
Page 3 of 4
1 Article 6. INDEMNIFICATION
2 1.2 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
3 expense, the city, its officers, servants and employees, from and against any and all
4 claims arising out of, or alleged to arise out of, the work and services to be performed
5 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
6 under this contract. This indemnification provision is specifically intended to operate
7 and be effective even if it is alleged or proven that all or some of the damages being
8 sought were caused, in whole or in part, bv anv act, omission or negligence of the city.
9 This indemnity provision is intended to include, without limitation, indemnity for
10 costs, expenses and legal fees incurred by the city in defending against such claims and
11 causes of actions.
12
13 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
14 the city, its officers, servants and employees, from and against any and all loss, damage
15 or destruction of property of the city, arising out of, or alleged to arise out of, the work
16 and services to be performed by the contractor, its officers, agents, employees,
17 subcontractors, licensees or invitees under this contract. This indemnification
18 provision is specifically intended to operate and be effective even if it is alleged or
19 proven that all or some of the damages being sought were caused, in whole or in part,
20 bv anv act, omission or negligence of the citv.
21
22 Article 7. MISCELLANEOUS
23 7.1 Terms.
24 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
25 have the meanings indicated in the General Conditions.
26 7.2 Assignment of Contract.
27 This Agreement, including all of the Contract Documents may not be assigned by the
28 Contractor without the advanced express written consent of the City.
29 7.3 Successors and Assigns.
30 City and Contractor each binds itself, its partners, successors, assigns and legal
31 representatives to the other party hereto, in respect to all covenants, agreements and
32 obligations contained in the Contract Documents.
33 7.4 Severability.
34 Any provision or part of the Contract Documents held to be unconstitutional, void or
35 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
36 remaining provisions shall continue to be valid and binding upon CITY and
37 CONTRACTOR.
38 7.5 Governing Law and Venue.
39 This Agreement, including all of the Contract Documents is performable in the State of
40 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
41 Northern District of Texas, Fort Worth Division.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
Ciry Contract No. 02179
00 52 43 - 4
Agreement
Page 4 of 4
1 7.6 Other Provisions.
2 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
3 classified, promulgated and set out by the City, a copy of which is attached hereto and
4 made a part hereof the same as if it were copied verbatim herein.
5 7.7 Authority to Sign.
6 Contractor shall attach evidence of authority to sign Agreement, if other than duly
7 authorized signatory of the Contractor.
8
9 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple
10 counterparts.
11
12 This Agreement is effective as of the last date signed by the Parties ("Effective Date").
13
14
15
16
17
18
19
20
21
22
23
Contractor:
6(4;04 6c) 4`4 ‘i0r6 .4-02
By:
(Signatw
r coo �/ood•.
(Printed Nalfie)
Title: ff--"Lj/ 471
Address: 460 T Aver F4',
City of Fort Worth
Fernando Costa
Date
S'A/
Assistant City M. . ager
City/State/Zip: ke44 a /e, %K'/OiQ Approved as to Form and Legality:
Date
OFFICIAL RECORD!
CITY SECRETARY
1c W T Gam., I- T'
Assistant City Attorney
APPROVAL RECOMMENDED:
Doulss W iersig, P.E.
DIRECTO ,
Transportation and Public Works epartment
CITY OF FORT WORTH ��' �(�(��'
STANDARD CONSTRUC 1ON SPECIF CA Teti ENTS
Revised December 20, 2012 --_-•
Miscellaneous Storm Drain Improvements: Contract 2013
Ciry Contract No. 02179
2
3
4 THE STATE OF TEXAS
5
6 COUNTY OF TARRANT
7
SECTION 00 61 13
PERFORMANCE BOND
§
§
006113-1
PERFORMANCE BOND
Page I of 2
Bond No. 8219-06-13
KNOW ALL BY THESE PRESENTS:
8 That we, Woody Contractors, Inc. , known as "Principal" herein and
9 Vigilant Insurance Company , a corporate surety(sureties, if more than one)
10 duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or
11 more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
12 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, One Million Dollars
13 and Zero Cents ($1.000,000.00) lawful money of the United States, to be paid in Fort Worth,
14 Tarrant County, Texas for the payment of which sum well and truly to be made, we bind
15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
16 firmly by these presents.
17 WHEREAS, the Principal has entered into a certain written contract with the City
18 awarded the 8th day of April , 20 14 , which Contract is hereby referred to and made a
19 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor
20 and other accessories defined by law, in the prosecution of the Work, including any Change
21 Orders, as provided for in said Contract designated as Miscellaneous Storm Drain Improvements:,
22 Contract 2013, City Project No. 02179.
23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal
24 shall faithfully perform it obligations under the Contract and shall in all respects duly and
25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans,
26 specifications, and contract documents therein referred to, and as well during any period of
27 extension of the Contract that may be granted on the part of the City, then this obligation shall be
28 and become null and void, otherwise to remain in full force and effect.
29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
31 Worth Division.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July I, 2011
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No. 02179
00 61 13 - 2
PERFORMANCE BOND
Page 2 of 2
Bond No. 8219-06-13
1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
3 accordance with the provisions of said statue.
4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the 11th day of April , 20 14.
6
7
8
9
10 BY:
11
12 ATTEST.
13
14
15 `(Principal) Secretary
16
17
18
19
20
21 Witness as to Principal
22
23
24
25
26
27
28
29
30
31
32
33
34 -
35 c
36 Witness to Surety Elizabeth Gra9 Telephone Number: 214-754-0777
37
38
39
40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
41 from the by-laws showing that this person has authority to sign such obligation. If
42 Surety's physical address is different from its mailing address, both must be provided.
43 The date of the bond shall not be prior to the date the Contract is awarded.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
PRINCIPAL:
WOODY CONTRACTORS. INC.
Troy Woody, President
Name and Title
Address: 650 Tower Drive
Kennedale, Texas 76060
SURETY:
VIGILANT
BY:
U NCE COMPANY
Kyle W. Sweeney, Attorndv-in-Fact
Name and Title
Address: 2001 Bryan Street. Suite 3400
Dallas. Texas 75201
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No. 02179
1 SECTION 00 61 14
2 PAYMENT BOND
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4 THE STATE OF TEXAS
5
6 COUNTY OF TARRANT
7
§
006114-1
PAYMENT BOND
Page 1 of 2
Bond No. 8219-06-13
KNOW ALL BY THESE PRESENTS:
8 That we, Woody Contractors. Inc. , known as "Principal"
9 herein, and Vigilant Insurance Company , a corporate surety (sureties),
10 duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or
11 more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
12 pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of One
13 Million Dollars and Zero Cents ($1,000,000.00), lawful money of the United States, to be paid in
14 Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we
15 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
16 firmly by these presents:
17 WHEREAS, Principal has entered into a certain written Contract with City, awarded
18 the 8t11 day of April , 20 14 , which Contract is hereby referred to and made
19 a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor
20 and other accessories as defined by law, in the prosecution of the Work as provided for in said
21 Contract and designated as Miscellaneous Storm Drain Improvements: Contract 2013, City
22 Proiect No. 02179.
23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
27 force and effect.
28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
30 accordance with the provisions of said statute.
31
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July I, 2011
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No. 02179
0061 14 -2
PAYMENT BOND
Page 2 of 2
Bond No. 8219-06-13
1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the 11t day of April , 2014.
3
I� 4
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I10
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L�l
ATTEST:
(Principal) Secretary
ss as to Principal
ATTEST:
(Surety) Secretary
Witness asIo Surety Elizabeth Cs ay
PRINCIPAL:
WOODY CONTRACTORS, INC.
Troy Woody, President
Name and Title
Address: 650 Tower Drive
Kennedale, Texas 76060
SURETY:
VIGILANT INSURANCE COMPANY
BY:
Sig
Kyle W. Sweeney, Attornev-in-Fact
Name and Title
Address: 2001 Bryan Street, Suite 3400
Dallas, Texas 75201
Telephone Number: 214-754-0777
Note: If signed by an officer of the Surety, there must be on file a certified extract from the
bylaws showing that this person has authority to sign such obligation. If Surety's physical
address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No. 02179
2
3
4 THE STATE OF TEXAS
5
6 COUNTY OF TARRANT
7
SECTION 00 61 19
MAINTENANCE BOND
§
00 61 19 - 1
MAINTENANCE BOND
Page 1 of 3
Bond No. 8219-06-13
KNOW ALL BY THESE PRESENTS:
8 That we Woody Contractors, Inc. , known as "Principal"
9 herein and Vigilant Insurance Company , a corporate surety
10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as
11 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
12 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein,
13 in the sum of One Million Dollars and Zero Cents ($1,000,000.00), lawful money of the United
14 States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly
15 be made unto the City and its successors, we bind ourselves, our heirs, executors, administrators,
16 successors and assigns, jointly and severally, firmly by these presents.
17
18 WHEREAS, the Principal has entered into a certain written contract with the City awarded
19 the 8th day of April , 20 14 , which Contract is hereby referred to and a
20 made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment
21 labor and other accessories as defined by law, in the prosecution of the Work, including any
22 Work resulting from a duly authorized Change Order (collectively herein, the "Work") as
23 provided for in said contract and designated as Miscellaneous Storm Drain Improvements:
24 Contract 2013, City Project No. 02179; and
25
26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
27 accordance with the plans, specifications and Contract Documents that the Work is and will
28 remain free from defects in materials or workmanship for and during the period of two (2) years
29 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
30
31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
32 upon receiving notice from the City of the need thereof at any time within the Maintenance
33 Period.
34
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No. 02179
00 61 19 - 2
MAINTENANCE BOND
Page 2 of 3
Bond No. 8219-06-13
1 NOW THEREFORE, the condition of this obligation is such that if Principal shall
2 remedy any defective Work, for which timely notice was provided by City, to a completion
3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in
4 full force and effect.
5
6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to
8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and
9 the Surety under this Maintenance bond; and
10
11 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
13 Worth Division; and
14
15 PROVIDED FURTHER, that this obligation shall be continuous in nature and
16 successive recoveries may be had hereon for successive breaches.
17
18
19
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No. 02179
00 61 19 - 3
MAINTENANCE BOND
Page 3 of 3
Bond No. 8219-06-13
1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the 1l°' day of April , 20 14 .
3
4
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9
10 ATTEST:
11
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19 W ess as to Principal
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28 ATTEST:
29
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33 C>t t J tb4J
34 Witness a§'to Surety Elizabet Gray
35
36 *Note:
37
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40
(Principal) Secretary
(Surety) Secretary
PRINCIPAL:
WOODY CONTRACTORS, INC.
Troy Woody, President
Name and Title
Address: 650 Tower Drive
Kennedale, Texas 76060
SURETY:
VIGILANT INSURANCE COMPANY
_
BY:
Kyle W. Sweeney. Attorney n-Fact
Name and Title
Address: 2001 Bryan Street. Suite 3400
Dallas, Texas 75201
Telephone Number: 214-754-0777
If signed by an officer of the Surety Company, there must be on file a certified extract
from the by-laws showing that this person has authority to sign such obligation. If
Surety's physical address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July I, 2011
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No. 02179
Policyholder Information Notice
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call Chubb's toll -free telephone number
for information or to make a complaint at
1-800-36-CHUBB
You may contact the Texas Department of
Insurance to obtain information on companies,
coverages, rights or complaints at
1-800-252-3439
You may write the Texas Department of Insurance
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium
or about a claim you should contact the agent first.
If the dispute is not resolved, you may contact the
Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not
become a part or condition of the attached
document.
AVISO IMPORTANTE
Para obtener informacion o para someter una
queja:
Usted puede llamar al numero de telefono gratis
de Chubb's para informacion o para someter una
queja al
1-800-36-CHUBB
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion acerca
de companfas, coberturas, derechos o quejas al
1-800-252-3439
Puede escribir al Departamento de Seguros de
Texas
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTES SOBRE PRIMAS 0 RECLAMOS:
Si tiene una disputa concerniente a su prima o a un
reclamo, debe comunicarse con el agente primero.
Si no se resueve la disputa, puede entonces
comunicarse con el departamento (1'DI).
UNA ESTE AVISO A SU POLIZA:
Este aviso es solo para proposito de informacion y
no se convierte en parte o condicion del documento
adjunto.
Form 99-10-0299 (Rev. 1-08)
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1— Definitions and Terminology 1
1.01 Defined Terms 1
1.02 Terminology 6
Article 2 — Preliminary Matters 7
2.01 Copies of Documents 7
2.02 Commencement of Contract Time; Notice to Proceed 7
2.03 Starting the Work 8
2.04 Before Starting Construction 8
2.05 Preconstruction Conference 8
2.06 Public Meeting 8
2.07 Initial Acceptance of Schedules 8
Article 3 — Contract Documents: Intent, Amending, Reuse 8
3.01 Intent 8
3.02 Reference Standards 9
3.03 Reporting and Resolving Discrepancies 9
3.04 Amending and Supplementing Contract Documents 10
3.05 Reuse of Documents 10
3.06 Electronic Data 11
Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points 11
4.01 Availability of Lands 11
4.02 Subsurface and Physical Conditions 12
4.03 Differing Subsurface or Physical Conditions 12
4.04 Underground Facilities 13
4.05 Reference Points 14
4.06 Hazardous Environmental Condition at Site 14
Article 5 — Bonds and Insurance 16
5.01 Licensed Sureties and Insurers 16
5.02 Performance, Payment, and Maintenance Bonds 16
5.03 Certificates of Insurance 16
5.04 Contractor's Insurance 18
5.05 Acceptance of Bonds and Insurance; Option to Replace 19
Article 6 — Contractor's Responsibilities 19
6.01 Supervision and Superintendence 19
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
6.02 Labor; Working Hours 20
6.03 Services, Materials, and Equipment 20
6.04 Project Schedule 21
6.05 Substitutes and "Or -Equals" 21
6.06 Concerning Subcontractors, Suppliers, and Others 24
6.07 Wage Rates 25
6.08 Patent Fees and Royalties 26
6.09 Permits and Utilities 27
6.10 Laws and Regulations 27
6.11 Taxes 28
6.12 Use of Site and Other Areas 28
6.13 Record Documents 29
6.14 Safety and Protection 29
6.15 Safety Representative 30
6.16 Hazard Communication Programs 30
6.17 Emergencies and/or Rectification 30
6.18 Submittals 31
6.19 Continuing the Work 32
6.20 Contractor's General Warranty and Guarantee 32
6.21 Indemnification 33
6.22 Delegation of Professional Design Services 34
6.23 Right to Audit 34
6.24 Nondiscrimination 35
Article 7 - Other Work at the Site 35
7.01 Related Work at Site 35
7.02 Coordination 36
Article 8 - City's Responsibilities 36
8.01 Communications to Contractor 36
8.02 Furnish Data 36
8.03 Pay When Due 36
8.04 Lands and Easements; Reports and Tests 36
8.05 Change Orders 36
8.06 Inspections, Tests, and Approvals 36
8.07 Limitations on City's Responsibilities 37
8.08 Undisclosed Hazardous Environmental Condition 37
8.09 Compliance with Safety Program 37
Article 9 - City's Observation Status During Construction 37
9.01 City's Project Representative 37
9.02 Visits to Site 37
9.03 Authorized Variations in Work 38
9.04 Rejecting Defective Work 38
9.05 Determinations for Work Performed 38
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work 38
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
Article 10 -
10.01
10.02 Unauthorized Changes in the Work
10.03 Execution of Change Orders
10.04 Extra Work
10.05 Notification to Surety
10.06 Contract Claims Process
Article 11-
11.01
11.02
11.03
11.04
Article 12 -
12.01
12.02
12.03
Article 13 -
13.01
13.02
Changes in the Work; Claims; Extra Work 38
Authorized Changes in the Work 38
39
39
39
39
40
Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement 41
Cost of the Work 41
Allowances 43
Unit Price Work 44
Plans Quantity Measurement 45
Change of Contract Price; Change of Contract Time 46
Change of Contract Price 46
Change of Contract Time 47
Delays 47
Tests and Inspections; Correction, Removal or Acceptance of Defective Work 48
Notice of Defects 48
Access to Work 48
13.03 Tests and Inspections
13.04 Uncovering Work
13.05 City May Stop the Work
13.06 Correction or Removal of Defective Work
13.07 Correction Period
13.08 Acceptance of Defective Work
13.09 City May Correct Defective Work
Article 14 -
14.01
14.02
14.03
14.04
14.05
14.06
14.07
14.08 Final Completion Delayed and Partial Retainage Release
14.09 Waiver of Claims
48
49
49
50
50
51
51
Payments to Contractor and Completion 52
Schedule of Values 52
Progress Payments 52
Contractor's Warranty of Title 54
Partial Utilization 55
Final Inspection 55
Final Acceptance 55
Final Payment 56
56
57
Article 15 - Suspension of Work and Termination 57
15.01 City May Suspend Work 57
15.02 City May Terminate for Cause 58
15.03 City May Terminate For Convenience 60
Article 16 - Dispute Resolution 61
16.01 Methods and Procedures 61
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
Article 17 — Miscellaneous 62
17.01 Giving Notice 62
17.02 Computation of Times 62
17.03 Cumulative Remedies 62
17.04 Survival of Obligations 63
17.05 Headings 63
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-1
GENERAL CONDITIONS
Page 1 of 62
ARTICLE 1— DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed -defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Addenda Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement The written instrument which is evidence of the agreement between City and
Contractor covering the Work.
3. Application for Payment The form acceptable to City which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos —Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5. Award — Authorization by the City Council for the City to enter into an Agreement.
6. Bid The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
7. Bidder The individual or entity who submits a Bid directly to City.
8. Bidding Documents —The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
9. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
10. Business Day — A business day is defined as a day that the City conducts normal business,
generally Monday through Friday, except for federal or state holidays observed by the City.
11. Buzzsaw — City's on-line, electronic document management and collaboration system.
12. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-2
GENERAL CONDITIONS
Page 2 of 62
13. Change Order A document, which is prepared and approved by the City, which is signed
by Contractor and City and authorizes an addition, deletion, or revision in the Work or an
adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date
of the Agreement.
14. City The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and
chartered under the Texas State Statutes, acting by its governing body through its City
Manager, his designee, or agents authorized under his behalf, each of which is required by
Charter to perform specific duties with responsibility for final enforcement of the contracts
involving the City of Fort Worth is by Charter vested in the City Manager and is the entity
with whom Contractor has entered into the Agreement and for whom the Work is to be
performed.
15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or
his duly authorized representative.
16. City Council - The duly elected and qualified governing body of the City of Fort Worth,
Texas.
17. City Manager — The officially appointed and authorized City Manager of the City of Fort
Worth, Texas, or his duly authorized representative.
18. Contract Claim A demand or assertion by City or Contractor seeking an adjustment of
Contract Price or Contract Time, or both, or other relief with respect to the terms of the
Contract. A demand for money or services by a third party is not a Contract Claim.
19. Contract —The entire and integrated written document between the City and Contractor
concerning the Work. The Contract contains the Agreement and all Contract Documents and
supersedes prior negotiations, representations, or agreements, whether written or oral.
20. Contract Documents Those items so designated in the Agreement. All items listed in the
Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and
the reports and drawings of subsurface and physical conditions are not Contract Documents.
21. Contract Price —The moneys payable by City to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the
provisions of Paragraph 11.03 in the case of Unit Price Work).
22. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance.
23. Contractor —The individual or entity with whom City has entered into the Agreement.
24. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-3
GENERAL CONDITIONS
Page 3 of 62
25. Damage Claims — A demand for money or services arising from the Project or Site from a
third party, City or Contractor exclusive of a Contract Claim.
26. Day or day — A day, unless otherwise defined, shall mean a Calendar Day.
27. Director of Aviation — The officially appointed Director of the Aviation Department of the
City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
28. Director of Parks and Community Services — The officially appointed Director of the Parks
and Community Services Depaitnient of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
29. Director of Planning and Development — The officially appointed Director of the Planning
and Development Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
30. Director of Transportation Public Works — The officially appointed Director of the
Transportation Public Works Department of the City of Fort Worth, Texas, or his duly
appointed representative, assistant, or agents.
31. Director of Water Department — The officially appointed Director of the Water Department
of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
32. Drawings —That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals are not Drawings as so defined.
33. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
34. Engineer —The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the City.
35. Extra Work — Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the
Contract Documents. Extra work shall be part of the Work.
36. Field Order —A written order issued by City which requires changes in the Work but which
does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer.
37. Final Acceptance — The written notice given by the City to the Contractor that the Work
specified in the Contract Documents has been completed to the satisfaction of the City.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-4
GENERAL CONDITIONS
Page 4 of 62
38. Final Inspection — Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
39. General Requirements —Sections of Division 1 of the Contract Documents.
40. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or
circumstances that may present a substantial danger to persons or property exposed thereto.
41. Hazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste regulations,
as amended from time to time.
42. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmental bodies, agencies, authorities, and courts having
jurisdiction.
43. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
44. Major Item — An Item of work included in the Contract Documents that has a total cost equal
to or greater than 5% of the original Contract Price or $25,000 whichever is less.
45. Milestone A principal event specified in the Contract Documents relating to an intermediate
Contract Time prior to Final Acceptance of the Work.
46. Notice of Award —The written notice by City to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein, City
will sign and deliver the Agreement.
47. Notice to Proceed —A written notice given by City to Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform the
Work specified in Contract Documents.
48. PCBs —Polychlorinated biphenyls.
49. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non -Hazardous Waste and crude oils.
50. Plans — See definition of Drawings.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-5
GENERAL CONDITIONS
Page 5 of 62
51. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor's plan to accomplish the Work within the Contract Time.
52. Project —The Work to be performed under the Contract Documents.
53. Project Representative The authorized representative of the City who will be assigned to
the Site.
54. Public Meeting — An announced meeting conducted by the City to facilitate public
participation and to assist the public in gaining an informed view of the Project.
55. Radioactive Material —Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday
thru Friday (excluding legal holidays).
57. Samples —Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
58. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
59. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications for Payment.
60. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon
which the Work is to be performed, including rights -of -way, permits, and easements for
access thereto, and such other lands furnished by City which are designated for the use of
Contractor.
61. Specifications —That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto. Specifications
may be specifically made a part of the Contract Documents by attachment or, if not attached,
may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00)
of each Project.
62. Subcontractor —An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-7
GENERAL CONDITIONS
Page 7 of 62
1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an action or determination of City as to
the Work. It is intended that such exercise of professional judgment, action, or deteiulination
will be solely to evaluate, in general, the Work for compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific statement indicating
otherwise).
C. Defective:
1. The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City's written acceptance.
D. Furnish, Install, Perform, Provide:
1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or
the word "Supply," or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2 — PRELIMINARY MATTERS
2.01 Copies of Documents
City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the
Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be
furnished upon request at the cost of reproduction.
2.02 Commencement of Contract Time; Notice to Proceed
The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 14 days after the Effective Date of the Agreement.
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2.03 Starting the Work
Contractor shall start to perform the Work on the date when the Contract Time commences to run.
No Work shall be done at the Site prior to the date on which the Contract Time commences to run.
2.04 Before Starting Construction
Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the
Work.
2.05 Preconstruction Conference
Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as
specified in the Contract Documents.
2.06 Public Meeting
Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor
attending the Public Meeting as scheduled by the City.
2.07 Initial Acceptance of Schedules
No progress payment shall be made to Contractor until acceptable schedules are submitted to City in
accordance with the Schedule Specification as provided in the Contract Documents.
ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereof) to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
City.
C. Clarifications and interpretations of the Contract Documents shall be issued by City.
D. The Specifications may vary in form, format and style. Some Specification sections may be
written in varying degrees of streamlined or declarative style and some sections may be
relatively narrative by comparison. Omission of such words and phrases as "the Contractor
shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined
sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions
may appear in various parts of a section or articles within a part depending on the format of the
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section. The Contractor shall not take advantage of any variation of form, format or style in
making Contract Claims.
E. The cross referencing of specification sections under the subparagraph heading "Related
Sections include but are not necessarily limited to:" and elsewhere within each Specification
section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on
the cross referencing provided and shall be responsible to coordinate the entire Work under the
Contract Documents and provide a complete Project whether or not the cross referencing is
provided in each section or whether or not the cross referencing is complete.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
1. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any
of their subcontractors, consultants, agents, or employees, from those set forth in the Contract
Documents. No such provision or instruction shall be effective to assign to City, or any of its
officers, directors, members, pal iners, employees, agents, consultants, or subcontractors, any
duty or authority to supervise or direct the performance of the Work or any duty or authority
to undertake responsibility inconsistent with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein against all applicable field measurements and
conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity,
or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a
written interpretation or clarification from City before proceeding with any Work affected
thereby.
2. Contractor's Review of Contract Documents During Performance of Work: If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not
proceed with the Work affected thereby (except in an emergency as required by Paragraph
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6.17.A) until an amendment or supplement to the Contract Documents has been issued by
one of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or
discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.
B. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manual, or the instruction of any Supplier (whether or not specifically
incorporated by reference in the Contract Documents).
2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall
govern over Specifications, Supplementary Conditions shall govern over General Conditions
and Specifications, and quantities shown on the Plans shall govern over those shown in the
proposal.
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Change Order.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
1. A Field Order;
2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or
3. City's written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
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B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the
printed copies included in the Contract Documents (also known as hard copies) and other
Specifications referenced and located on the City's Buzzsaw site. Files in electronic media
format of text, data, graphics, or other types are furnished only for the convenience of the
receiving party. Any conclusion or information obtained or derived from such electronic files
will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard
copies, the hard copies govern.
B. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by the data's creator.
ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which Contractor must comply
in performing the Work. City will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities.
1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in
accordance with the schedule set forth in the Supplementary Conditions. The Project
Schedule submitted by the Contractor in accordance with the Contract Documents must
consider any outstanding right-of-way, and/or easements.
2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site.
Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted
by the Contractor in accordance with the Contract Documents must consider any outstanding
utilities or obstructions to be removed, adjusted, and/or relocated by others.
B. Upon reasonable written request, City shall furnish Contractor with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
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C. Contractor shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to City of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
4.03 Deering Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
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then Contractor shall, promptly after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.17.A), notify City in writing about such condition.
B. Possible Price and Time Adjustments
Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if:
1. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to City with respect to Contract Price and Contract Time by the submission of a
Bid or becoming bound under a negotiated contract; or
2. the existence of such condition could reasonably have been discovered or revealed as a result
of the examination of the Contract Documents or the Site; or
3. Contractor failed to give the written notice as required by Paragraph 4.03.A.
4.04 Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to City or Engineer by the owners of such Underground
Facilities, including City, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. City and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination and adjustment of the Work with the owners of such Underground
Facilities, including City, during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated:
1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming
aware thereof and before further disturbing conditions affected thereby or performing any
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Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),
identify the owner of such Underground Facility and give notice to that owner and to City.
City will review the discovered Underground Facility and determine the extent, if any, to
which a change may be required in the Contract Documents to reflect and document the
consequences of the existence or location of the Underground Facility. Contractor shall be
responsible for the safety and protection of such discovered Underground Facility.
2. If City concludes that a change in the Contract Documents is required, a Change Order may
be issued to reflect and document such consequences.
3. Verification of existing utilities, structures, and service lines shall include notification of all
utility companies a minimum of 48 hours in advance of construction including exploratory
excavation if necessary.
4.05 Reference Points
A. City shall provide engineering surveys to establish reference points for construction, which in
City's judgment are necessary to enable Contractor to proceed with the Work. City will provide
construction stakes or other customary method of marking to establish line and grades for
roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall
protect and preserve the established reference points and property monuments, and shall make no
changes or relocations. Contractor shall report to City whenever any reference point or property
monument is lost or destroyed or requires relocation because of necessary changes in grades or
locations. The City shall be responsible for the replacement or relocation of reference points or
property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall
notify City in advance and with sufficient time to avoid delays.
B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or
willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full
cost for replacing such points plus 25% will be charged against the Contractor, and the full
amount will be deducted from payment due the Contractor.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings
known to City relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
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construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby (except in an emergency as required by
Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing).
City may consider the necessity to retain a qualified expert to evaluate such condition or take
corrective action, if any.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after City has obtained any required peumits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered suitable for the resumption of Work; or (ii) specifying any special conditions
under which such Work may be resumed.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then City may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. City may have such deleted portion of the Work
performed by City's own forces or others.
G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnifi and hold
harmless City, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous
Environmental Condition created by Contractor or by anyone for whom Contractor is
responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnifi any
individual or entity from and against the consequences of that individual 's or entity's own
negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
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ARTICLE 5 — BONDS AND INSURANCE
5.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.02 Performance, Payment, and Maintenance Bonds
A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government
Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as
security for the faithful performance and payment of all of Contractor's obligations under the
Contract Documents.
B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security
to protect the City against any defects in any portion of the Work described in the Contract
Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final
Acceptance by the City.
C. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney
which shall show that it is effective on the date the agent or attorney -in -fact signed each bond.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 5.01 and 5.02.C.
5.03 Certificates of Insurance
Contractor shall deliver to City, with copies to each additional insured and loss payee identified in
the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested
by City or any other additional insured) which Contractor is required to purchase and maintain.
1. The certificate of insurance shall document the City, and all identified entities named in the
Supplementary Conditions as "Additional Insured" on all liability policies.
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2. The Contractor's general liability insurance shall include a, "per project" or "per location",
endorsement, which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers' compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable), and each additional insured identified in the Supplementary
Conditions
6. Failure of the City to demand such certificates or other evidence of full compliance with the
insurance requirements or failure of the City to identify a deficiency from evidence that is
provided shall not be construed as a waiver of Contractor's obligation to maintain such lines
of insurance coverage.
7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If
coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims -made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
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lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City.
11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a
first -dollar basis, must be acceptable to and approved by the City.
12. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage's and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decision or the
claims history of the industry as well as of the contracting party to the City. The City shall
be required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Work by Change Order.
13. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established by
law or regulations binding upon either party or the underwriter on any such policies.
14. City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
5.04 Contractor's Insurance
A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers'
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers' Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from Contractor's
performance of the Work and Contractor's other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees.
B. Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
products/completed operations, personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services
Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other
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insurance or self-insurance programs afforded to the City. The Commercial General Liability
policy, shall have no exclusions by endorsements that would alter of nullify premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are
normally contained with the policy, unless the City approves such exclusions in writing.
For construction projects that present a substantial completed operation exposure, the City may
require the contractor to maintain completed operations coverage for a minimum of no less than
three (3) years following the completion of the project (if identified in the Supplementary
Conditions).
C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto",
defined as autos owned, hired and non -owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the requirements identified in the
Supplementary Conditions.
E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section.
5.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing
within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor
shall provide to the City such additional information in respect of insurance provided as the City may
reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance
required by the Contract Documents, the City shall notify the Contractor in writing of such failure
prior to the start of the Work, or of such failure to maintain prior to any change in the required
coverage.
ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
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B. At all times during the progress of the Work, Contractor shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be Contractor's representative at the Site and shall have authority to act on
behalf of Contractor. All communication given to or received from the Superintendent shall be
binding on Contractor.
C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of
construction.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to perform construction as
required by the Contract Documents. Contractor shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City's written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
1. for beyond Regular Working Hours request must be made by noon at least two (2) Business
Days prior
2. for Weekend Working Hours request must be made by noon of the preceding Thursday
3. for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance,
Contractor required testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
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C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
D. All items of standard equipment to be incorporated into the Work shall be the latest model at the
time of bid, unless otherwise specified.
6.04 Project Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07
and the General Requirements as it may be adjusted from time to time as provided below.
1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and
the General Requirements) proposed adjustments in the Project Schedule that will not result
in changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment
for the duration of the Contract in accordance with the schedule specification 01 32 16.
3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Time
may only be made by a Change Order.
6.05 Substitutes and "Or -Equals"
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or "or -equal" item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City for review under the circumstances described below.
1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an "or -equal" item, in which
case review and approval of the proposed item may, in City's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. the City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
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2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service; and
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. If in City's sole discretion an item of material or equipment proposed by Contractor does
not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow City to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by City from anyone other than
Contractor.
c. Contractor shall make written application to City for review of a proposed substitute item
of material or equipment that Contractor seeks to furnish or use. The application shall
comply with Section 01 25 00 and:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design;
b) be similar in substance to that specified;
c) be suited to the same use as that specified; and
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of final completion on time;
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
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c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
a) all variations of the proposed substitute item from that specified;
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by City. Contractor shall submit sufficient information to allow City, in
City's sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. Contractor shall make written application to City for
review in the same manner as those provided in Paragraph 6.05.A.2.
C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require
Contractor to furnish additional data about the proposed substitute. City will be the sole judge of
acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination.
D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special
performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall
indemn and hold harmless City and anyone directly or indirectly employed by them from and
against any and all claims, damages, losses and expenses (including attorneys fees) arising out
of the use of substituted materials or equipment.
E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents (or in the
provisions of any other direct contract with City) resulting from the acceptance of each proposed
substitute.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or -equal" at Contractor's expense.
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G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a
substitute shall be incorporated to the Contract by Change Order.
H. Time Extensions: No additional time will be granted for substitutions.
6.06 Concerning Subcontractors, Suppliers, and Others
A. Contractor shall perform with his own organization, work of a value not less than 35% of the
value embraced on the Contract, unless otherwise approved by the City.
B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, against whom City may have reasonable objection. Contractor shall
not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has reasonable objection (excluding those
acceptable to City as indicated in Paragraph 6.06.C).
C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other
individuals or entities on the project, and will provide such requirements in the Supplementary
Conditions.
D. Minority and Women Owned Business Enterprise Compliance: It is City policy to ensure the full
and equitable participation by Minority and Women Business Enterprises (MWBE) in the
procurement of goods and services on a contractual basis. If the Contract Documents provide for
a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance
(as amended) by the following:
1. Contractor shall, upon request by City, provide complete and accurate information regarding
actual work performed by a MWBE on the Contract and payment therefor.
2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and may result in debarment in accordance with the procedures outlined in the
Ordinance.
3. Contractor shall, upon request by City, allow an audit and/or examination of any books,
records, or files in the possession of the Contractor that will substantiate the actual work
performed by an MWBE. Material misrepresentation of any nature will be grounds for
termination of the Contract in accordance with Paragraph 15.02.A. Any such
misrepresentation may be grounds for disqualification of Contractor to bid on future
contracts with the City for a period of not less than three years.
E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract
Documents:
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1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between City and any such Subcontractor, Supplier or other
individual or entity; nor
2. shall create any obligation on the part of City to pay or to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual or entity except as may otherwise
be required by Laws and Regulations.
F. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
G. All Subcontractors, Suppliers, and such other individuals or entities perfouning or furnishing any
of the Work shall communicate with City through Contractor.
H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of City.
6.07 Wage Rates
A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), 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. Such prevailing wage rates are included in these Contract
Documents.
B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage
shall, upon demand made by the City, pay to the City $60 for each worker employed for each
calendar day or part of the day that the worker is paid less than the prevailing wage rates
stipulated in these contract documents. This penalty shall be retained by the City to offset its
administrative costs, pursuant to Texas Government Code 2258.023.
C. Complaints of Violations and City Determination of Good Cause. On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas
Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's
determination that there is good cause to believe the Contractor or Subcontractor has violated
Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the
difference between wages paid and wages due under the prevailing wage rates, such amounts
being subtracted from successive progress payments pending a final determination of the
violation.
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D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any
affected worker does not resolve the issue by agreement before the 15th day after the date the
City makes its initial determination pursuant to Paragraph C above. If the persons required to
arbitrate under this section do not agree on an arbitrator before the 1 lth day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of the
persons. The City is not a party in the arbitration. The decision and award of the arbitrator is
final and binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
occupation of each worker employed by the Contractor in the construction of the Work provided
for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be
open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspection.
F. Progress Payments. With each progress payment or payroll period, whichever is less, the
Contractor shall submit an affidavit stating that the Contractor has complied with the
requirements of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at
all times.
H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall
otherwise require all of its Subcontractors to comply with Paragraphs A through G above.
6.08 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a
particular invention, design, process, product, or device is specified in the Contract Documents
for use in the performance of the Work and if, to the actual knowledge of City, its use is subject
to patent rights or copyrights calling for the payment of any license fee or royalty to others, the
existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City
to disclose such information does not relieve the Contractor from its obligations to pay for the
use of said fees or royalties to others.
B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemn and hold
harmless City, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to any infringement of
patent rights or copyrights incident to the use in the performance of the Work or resulting from
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the incorporation in the Work of any invention, design, process, product, or device not specified
in the Contract Documents.
6.09 Permits and Utilities
A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction
permits and licenses except those provided for in the Supplementary Conditions or Contract
Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses.
Contractor shall pay all governmental charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B.
City shall pay all charges of utility owners for connections for providing permanent service to the
Work.
B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as
provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's
responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the
Contract and the City approves the changes, the Contractor is responsible for obtaining
clearances and coordinating with the appropriate regulatory agency. The City will not reimburse
the Contractor for any cost associated with these requirements of any City acquired permit. The
following are permits the City will obtain if required:
1. Texas Depai lmlent of Transportation Permits
2. U.S. Army Corps of Engineers Permits
3. Texas Commission on Environmental Quality Permits
4. Railroad Company Permits
C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits
and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by
the Contractor in accordance with the Contract Documents must consider any outstanding
permits and licenses.
6.10 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's
compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
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court or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations under Paragraph 3.02.
C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on
the cost or time of performance of the Work may be the subject of an adjustment in Contract
Price or Contract Time.
6.11 Taxes
A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to
Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may
purchase, rent or lease all materials, supplies and equipment used or consumed in the
performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax,
said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption
certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the
provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the
Texas Tax Code, Subchapter H.
B. Texas Tax permits and information may be obtained from:
1. Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin, TX 78711; or
2. htt0://www.window.state.tx.us/taxinfo/taxforms/93-forms.html
6.12 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the Contractor to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
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3. Should any Damage Claim be made by any such owner or occupant because of the
performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim.
4. Pursuant to Paragraph 6.21, Contractor shall indemn and hold harmless City, from and
against all claims, costs, losses, and damages arising out of or relating to any claim or
action, legal or equitable, brought by any such owner or occupant against City.
B. Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor
fails to correct the unsatisfactory procedure, the City may take such direct action as the City
deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written
notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of
such costs, shall be deducted from the monies due or to become due to the Contractor.
D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
6.13 Record Documents
A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and
approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated to
show changes made during construction. These record documents together with all approved
Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals,
and Submittals will be delivered to City prior to Final Inspection. Contractor shall include
accurate locations for buried and imbedded items.
6.14 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
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take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of City's safety programs, if any.
D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any,
with which City's employees and representatives must comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly employed by any of them to perform any of the
Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor.
F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
6.15 Safety Representative
Contractor shall inform City in writing of Contractor's designated safety representative at the Site.
6.16 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or among
employers in accordance with Laws or Regulations.
6.17 Emergencies and/or Rectification
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give City prompt written notice if Contractor believes that any significant
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changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereof. If City determines that a change in the Contract Documents is
required because of the action taken by Contractor in response to such an emergency, a Change
Order may be issued.
B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies,
omissions, or correction necessary to conform with the requirements of the Contract Documents,
the City shall give the Contractor written notice that such work or changes are to be performed.
The written notice shall direct attention to the discrepant condition and request the Contractor to
take remedial action to correct the condition. In the event the Contractor does not take positive
steps to fulfill this written request, or does not show just cause for not taking the proper action,
within 24 hours, the City may take such remedial action with City forces or by contract. The City
shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any
funds due or become due the Contractor on the Project.
6.18 Submittals
A. Contractor shall submit required Submittals to City for review and acceptance in accordance
with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be
identified as City may require.
1. Submit number of copies specified in the General Requirements.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment Contractor proposes to provide and to enable City to
review the information for the limited purposes required by Paragraph 6.18.C.
3. Submittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse Contractor from requirements shown on the Drawings and
Specifications.
5. For -Information -Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 6.18.C.
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B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City's review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
C. City's Review:
1. City will provide timely review of required Submittals in accordance with the Schedule of
Submittals acceptable to City. City's review and acceptance will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform
to the information given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
2. City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and acceptance
of a separate item as such will not indicate approval of the assembly in which the item
functions.
3. City's review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section 01 33 00 and City has given written acceptance of each
such variation by specific written notation thereof incorporated in or accompanying the
Submittal. City's review and acceptance shall not relieve Contractor from responsibility for
complying with the requirements of the Contract Documents.
6.19 Continuing the Work
Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with City. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in
writing.
6.20 Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, paituers,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
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2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor's obligation to perform
the Work in accordance with the Contract Documents:
1. observations by City;
2. recommendation or payment by City of any progress or final payment;
3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by
City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by City.
D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to
other work or property 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, complying with the requirements of Article
5.02.B. The City will give notice of observed defects with reasonable promptness.
6.21 Indemnification
A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, the City, its officers, servants and employees, from and against any and all claims
arising out of, or alleged to arise out of, the work and services to be performed by the
Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this
Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO
OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL
OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN
PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity
provision is intended to include, without limitation, indemnity for costs, expenses and legal
fees incurred by the City in defending against such claims and causes of actions.
B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the
City, its officers, servants and employees, from and against any and all loss, damage or
destruction of property of the City, arising out of, or alleged to arise out of, the work and
services to be performed by the Contractor, its officers, agents, employees, subcontractors,
licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS
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SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS
ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT
WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR
NEGLIGENCE OF THE CITY.
6.22 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor's responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all performance and design criteria that such services must satisfy. Contractor shall
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such professional's written approval when
submitted to City.
C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals, provided City has specified
to Contractor performance and design criteria that such services must satisfy.
D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance and
design criteria given and the design concept expressed in the Contract Documents. City's review
and acceptance of Submittals (except design calculations and design drawings) will be only for
the purpose stated in Paragraph 6.18.C.
6.23 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 Regular 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 Paragraph. 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 Regular Working Hours to all
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Subcontractor facilities, and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this Paragraph. 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 at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
6.24 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit -
related projects, which are funded in part with Federal fmancial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
ARTICLE 7 — OTHER WORK AT THE SITE
7.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City's employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Contract Documents, then written notice
thereof will be given to Contractor prior to starting any such other work; and
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and City, if City is performing other work with City's employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of
the Work that may be required to properly connect or otherwise make its several parts come
together and properly integrate with such other work. Contractor shall not endanger any work of
others by cutting, excavating, or otherwise altering such work; provided, however, that
Contractor may cut or alter others' work with the written consent of City and the others whose
work will be affected.
C. If the proper execution or results of any part of Contractor's Work depends upon work performed
by others under this Article 7, Contractor shall inspect such other work and promptly report to
City in writing any delays, defects, or deficiencies in such other work that render it unavailable
or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so
report will constitute an acceptance of such other work as fit and proper for integration with
Contractor's Work except for latent defects in the work provided by others.
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7.02 Coordination
A. If City intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
coordination.
ARTICLE 8 — CITY'S RESPONSIBILITIES
8.01 Communications to Contractor
Except as otherwise provided in the Supplementary Conditions, City shall issue all communications
to Contractor.
8.02 Furnish Data
City shall timely furnish the data required under the Contract Documents.
8.03 Pay When Due
City shall make payments to Contractor in accordance with Article 14.
8.04 Lands and Easements; Reports and Tests
City's duties with respect to providing lands and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's
identifying and making available to Contractor copies of reports of explorations and tests of
subsurface conditions and drawings of physical conditions relating to existing surface or subsurface
structures at or contiguous to the Site that have been utilized by City in preparing the Contract
Documents.
8.05 Change Orders
City shall execute Change Orders in accordance with Paragraph 10.03.
8.06 Inspections, Tests, and Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
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8.07 Limitations on City's Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14.
8.08 Undisclosed Hazardous Environmental Condition
City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
8.09 Compliance with Safety Program
While at the Site, City's employees and representatives shall comply with the specific applicable
requirements of Contractor's safety programs of which City has been infouued pursuant to
Paragraph 6.14.
ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City's Project Representative
City will provide one or more Project Representative(s) during the construction period. The duties
and responsibilities and the limitations of authority of City's representative during construction are
set forth in the Contract Documents. The Project Representative(s) will be as provided in the
Supplementary Conditions.
9.02 Visits to Site
A. City's Project Representative will make visits to the Site at intervals appropriate to the various
stages of construction as City deems necessary in order to observe the progress that has been
made and the quality of the various aspects of Contractor's executed Work. Based on
information obtained during such visits and observations, City's Project Representative will
determine, in general, if the Work is proceeding in accordance with the Contract Documents.
City's Project Representative will not be required to make exhaustive or continuous inspections
on the Site to check the quality or quantity of the Work. City's Project Representative's efforts
will be directed toward providing City a greater degree of confidence that the completed Work
will conform generally to the Contract Documents.
B. City's Project Representative's visits and observations are subject to all the limitations on
authority and responsibility in the Contract Documents including those set forth in Paragraph
8.07.
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9.03 Authorized Variations in Work
City's Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the Contract Price or the Contract
Time and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City and also on Contractor, who shall perform the Work involved promptly.
9.04 Rejecting Defective Work
City will have authority to reject Work which City's Project Representative believes to be defective,
or will not produce a completed Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. City will have authority to conduct special inspection or
testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or
completed.
9.05 Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City's Project
Representative will review with Contractor the preliminary determinations on such matters before
rendering a written recommendation. City's written decision will be fmal (except as modified to
reflect changed factual conditions or more accurate data).
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder.
B. City will render a written decision on any issue referred.
C. City's written decision on the issue referred will be final and binding on the Contractor, subject
to the provisions of Paragraph 10.06.
ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or from
time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly
proceed with the Work involved which will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically provided). Extra Work shall be
memorialized by a Change Order which may or may not precede an order of Extra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field
Order may be issued by the City.
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10.02 Unauthorized Changes in the Work
Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract
Time with respect to any work performed that is not required by the Contract Documents as
amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an
emergency as provided in Paragraph 6.17.
10.03 Execution of Change Orders
A. City and Contractor shall execute appropriate Change Orders covering:
1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08 or City's correction
of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract Time which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed.
10.04 Extra Work
A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment
thereof, and the City 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. Contract Claims regarding Extra Work shall be made pursuant to
Paragraph 10.06.
B. The Contractor shall furnish the City such installation records of all deviations from the original
Contract Documents as may be necessary to enable the City to prepare for permanent record a
corrected set of plans showing the actual installation.
C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall
be a full, complete and fmal payment for all costs Contractor incurs as a result or relating to the
change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that
time, including without limitation, any costs for delay, extended overhead, ripple or impact cost,
or any other effect on changed or unchanged work as a result of the change or Extra Work.
10.05 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor's
responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the
effect of any such change.
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10.06 Contract Claims Process
A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph
14.09, shall be referred to the City for decision. A decision by City shall be required as a
condition precedent to any exercise by Contractor of any rights or remedies he may otherwise
have under the Contract Documents or by Laws and Regulations in respect of such Contract
Claims.
B. Notice:
1. Written notice stating the general nature of each Contract Claim shall be delivered by the
Contractor to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (unless the City
allows additional time for Contractor to submit additional or more accurate data in support of
such Contract Claim).
3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with
the provisions of Paragraph 12.01.
4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.02.
5. Each Contract Claim shall be accompanied by Contractor's written statement that the
adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a
result of said event.
6. The City shall submit any response to the Contractor within 30 days after receipt of the
claimant's last submittal (unless Contract allows additional time).
C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal of the Contractor, if any, take one of the following actions in writing:
1. deny the Contract Claim in whole or in part;
2. approve the Contract Claim; or
3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's
sole discretion, it would be inappropriate for the City to do so. For purposes of further
resolution of the Contract Claim, such notice shall be deemed a denial.
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D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or
Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such
action or denial.
E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not
submitted in accordance with this Paragraph 10.06.
ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS
QUANTITY MEASUREMENT
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to
Contractor will be only those additional or incremental costs required because of the change in
the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall
include but not be limited to the following items:
1. Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by City and Contractor. Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include;
a. salaries with a 55% markup, or
b. salaries and wages plus the cost of fringe benefits, which shall include social security
contributions, unemployment, excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of Regular Working Hours, Weekend
Working Hours, or legal holidays, shall be included in the above to the extent authorized
by City.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith.
3. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by City, and the
costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All
such costs shall be in accordance with the terms of said rental agreements. The rental of any
such equipment, machinery, or parts shall cease when the use thereof is no longer necessary
for the Work.
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4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If
required by City, Contractor shall obtain competitive bids from subcontractors acceptable to
City and Contractor and shall deliver such bids to City, who will then determine, which bids,
if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on
the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall
be determined in the same manner as Contractor's Cost of the Work and fee as provided in
this Paragraph 11.01.
5. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
6. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, and hand tools not
owned by the workers, which are consumed in the performance of the Work, and cost,
less market value, of such items used but not consumed which remain the property of
Contractor.
c. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and
Regulations.
d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for permits and licenses.
e. Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work, provided such losses and damages have resulted from causes
other than the negligence of Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable. Such
losses shall include settlements made with the written consent and approval of City. No
such losses, damages, and expenses shall be included in the Cost of the Work for the
purpose of determining Contractor's fee.
f. The cost of utilities, fuel, and sanitary facilities at the Site.
g.
Minor expenses such as telegrams, long distance telephone calls, telephone and
communication services at the Site, express and courier services, and similar petty cash
items in connection with the Work.
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h. The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor's principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be
considered administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch offices other than Contractor's office at the
Site.
3. Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind.
C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee
shall be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order for an adjustment in Contract Price is determined on the basis of Cost of the
Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to City
an itemized cost breakdown together with supporting data.
11.02 Allowances
A. Specified Allowance: It is understood that Contractor has included in the Contract Price all
allowances so named in the Contract Documents and shall cause the Work so covered to be
performed for such sums and by such persons or entities as may be acceptable to City.
B. Pre -bid Allowances:
1. Contractor agrees that:
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a. the pre -bid allowances include the cost to Contractor of materials and equipment required
by the allowances to be delivered at the Site, and all applicable taxes; and
b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the pre -bid allowances have been included in
the allowances, and no demand for additional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole
use of City.
D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due
Contractor on account of Work covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
City subject to the provisions of Paragraph 9.05.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor's overhead and profit for each separately identified item. Work described in the
Contract Documents, or reasonably inferred as required for a functionally complete installation,
but not identified in the listing of unit price items shall be considered incidental to unit price
work listed and the cost of incidental work included as part of the unit price.
D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if:
1. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work.
E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in
accordance with Paragraph 10.01.
1. If the changes in quantities or the alterations do not significantly change the character of
work under the Contract Documents, the altered work will be paid for at the Contract unit
price.
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2. If the changes in quantities or alterations significantly change the character of work, the
Contract will be amended by a Change Order.
3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended
by a Change Order in accordance with Article 12.
4. A significant change in the character of work occurs when:
a. the character of work for any Item as altered differs materially in kind or nature from that
in the Contract or
b. a Major Item of work varies by more than 25% from the original Contract quantity.
5. When the quantity of work to be done under any Major Item of the Contract is more than
125% of the original quantity stated in the Contract, then either party to the Contract may
request an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Contract is less than 75%
of the original quantity stated in the Contract, then either party to the Contract may request
an adjustment to the unit price.
11.04 Plans Quantity Measurement
A. Plans quantities may or may not represent the exact quantity of work performed or material
moved, handled, or placed during the execution of the Contract. The estimated bid quantities are
designated as final payment quantities, unless revised by the governing Section or this Article.
B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than
25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total
estimated quantity for an individual Item originally shown in the Contract Documents, an
adjustment may be made to the quantity of authorized work done for payment purposes. The
party to the Contract requesting the adjustment will provide field measurements and calculations
showing the final quantity for which payment will be made. Payment for revised quantity will be
made at the unit price bid for that Item, except as provided for in Article 10.
C. When quantities are revised by a change in design approved by the City, by Change Order, or to
correct an error, or to correct an error on the plans, the plans quantity will be increased or
decreased by the amount involved in the change, and the 25% variance will apply to the new
plans quantity.
D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than
$250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans
quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans
quantity.
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E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are
not applicable.
ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order.
B. The value of any Work covered by a Change Order will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum or unit price (which may include an allowance for overhead
and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost
of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work;
or
3. where the Work involved is not covered by unit prices contained in the Contract Documents
and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the
basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a
Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C).
C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as
follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the
Contractor's additional fee shall be 15 percent except for:
1) rental fees for Contractor's own equipment using standard rental rates;
2) bonds and insurance;
b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor's fee shall be
five percent (5%);
1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a
fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and
12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever
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tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under
Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and
Contractor will each be paid a fee of five percent (5%) of the amount paid to the next
lower tier Subcontractor, however in no case shall the cumulative total of fees paid be
in excess of 25%;
c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and
11.01.B;
d. the amount of credit to be allowed by Contractor to City for any change which results in
a net decrease in cost will be the amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal to five percent (5%) of such net
decrease.
12.02 Change of Contract Time
A. The Contract Time may only be changed by a Change Order.
B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless
the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project
Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or
claimed delay adversely affects the critical path.
12.03 Delays
A. Where Contractor is reasonably delayed in the performance or completion of any part of the
Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time
may be extended in an amount equal to the time lost due to such delay if a Contract Claim is
made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts
or neglect by City, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in
this Paragraph.
B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when
direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide
information or material, if any, which is to be furnished by the City.
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ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to Contractor.
Defective Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor's safety procedures and programs so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. Contractor shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any
of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full
responsibility for arranging and obtaining such independent inspections, tests, retests or
approvals, pay all costs in connection therewith, and furnish City the required certificates of
inspection or approval; excepting, however, those fees specifically identified in the
Supplementary Conditions or any Texas Depaitulent of Licensure and Regulation (1'DLR)
inspections, which shall be paid as described in the Supplementary Conditions.
C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or
equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment
submitted for approval prior to Contractor's purchase thereof for incorporation in the Work.
Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to
City.
D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to
perform any inspections or tests ("Testing") for any part of the Work, as determined solely by
City.
1. City will coordinate such Testing to the extent possible, with Contractor;
2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor's cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
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3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing
Lab is paid.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor shall, if requested by City, uncover
such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense.
G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
13.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at Contractor's
expense.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or other dispute resolution costs) arising out
of or relating to such uncovering, exposure, observation, inspection, and testing, and of
satisfactory replacement or reconstruction (including but not limited to all costs of repair or
replacement of work of others); or City shall be entitled to accept defective Work in
accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all
costs associated with exposing, observing, and testing the defective Work.
2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase
in the Contract Price or an extension of the Contract Time, or both, directly attributable to
such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction.
13.05 City May Stop the Work
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to perform the Work in such a way that the completed Work will conform to
the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until
the cause for such order has been eliminated; however, this right of City to stop the Work shall not
give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any
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Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of
any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to
an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has
been rejected by City, remove it from the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such correction
or removal (including but not limited to all costs of repair or replacement of work of others).
Failure to require the removal of any defective Work shall not constitute acceptance of such
Work.
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or otherwise impair City's special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
Documents), any Work is found to be defective, or if the repair of any damages to the land or
areas made available for Contractor's use by City or permitted by Laws and Regulations as
contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without
cost to City and in accordance with City's written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of City's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
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C. In special circumstances where a particular item of equipment is placed in continuous service
before Final Acceptance of all the Work, the correction period for that item may start to run from
an earlier date if so provided in the Contract Documents.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end of
the initial correction period. City shall provide 30 days written notice to Contractor should such
additional warranty coverage be required. Contractor may dispute this requirement by filing a
Contract Claim, pursuant to Paragraph 10.06.
E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) attributable to City's evaluation of and determination to
accept such defective Work and for the diminished value of the Work to the extent not otherwise
paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be
issued incorporating the necessary revisions in the Contract Documents with respect to the Work,
and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished
value of Work so accepted.
13.09 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor's services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants,
employees, and City's other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
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costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against Contractor, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work; and City shall be
entitled to an appropriate decrease in the Contract Price.
D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City's rights and remedies under this
Paragraph 13.09.
ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve
as the basis for progress payments and will be incorporated into a form of Application for Payment
acceptable to City. Progress payments on account of Unit Price Work will be based on the number of
units completed.
14.02 Progress Payments
A. Applications for Payments:
1. Contractor is responsible for providing all infoiination as required to become a vendor of the
City.
2. At least 20 days before the date established in the General Requirements for each progress
payment, Contractor shall submit to City for review an Application for Payment filled out
and signed by Contractor covering the Work completed as of the date of the Application and
accompanied by such supporting documentation as is required by the Contract Documents.
3. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that City has received the materials and equipment free and clear
of all Liens and evidence that the materials and equipment are covered by appropriate
insurance or other arrangements to protect City's interest therein, all of which must be
satisfactory to City.
4. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that previous progress payments received on account of the
Work have been applied on account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
5. The amount of retainage with respect to progress payments will be as stipulated in the
Contract Documents.
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B. Review of Applications:
1. City will, after receipt of each Application for Payment, either indicate in writing a
recommendation of payment or return the Application to Contractor indicating reasons for
refusing payment. In the latter case, Contractor may make the necessary corrections and
resubmit the Application.
2. City's processing of any payment requested in an Application for Payment will be based on
City's observations of the executed Work, and on City's review of the Application for
Payment and the accompanying data and schedules, that to the best of City's knowledge:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,
the results of any subsequent tests called for in the Contract Documents, a final
determination of quantities and classifications for Work performed under Paragraph 9.05,
and any other qualifications stated in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by City or entitle City to withhold payment to Contractor, or
c. Contractor has complied with Laws and Regulations applicable to Contractor's
performance of the Work.
4. City may refuse to process the whole or any part of any payment because of subsequently
discovered evidence or the results of subsequent inspections or tests, and revise or revoke
any such payment previously made, to such extent as may be necessary to protect City from
loss because:
a. the Work is defective, or the completed Work has been damaged by the Contractor or his
subcontractors, requiring correction or replacement;
b. discrepancies in quantities contained in previous applications for payment;
c. the Contract Price has been reduced by Change Orders;
d. City has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
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e. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Retainage:
1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent
(10%).
2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent
(5%).
D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the
time specified in the Contract Documents, the sum per day specified in the Agreement, will be
deducted from the monies due the Contractor, not as a penalty, but as liquidated damages
suffered by the City.
E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment
will become due in accordance with the Contract Documents.
F. Reduction in Payment:
1. City may refuse to make payment of the amount requested because:
a. Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to City to secure the satisfaction and discharge of
such Liens;
b. there are other items entitling City to a set-off against the amount recommended; or
c. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2. If City refuses to make payment of the amount requested, City will give Contractor written
notice stating the reasons for such action and pay Contractor any amount remaining after
deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or
any adjustment thereto agreed to by City and Contractor, when Contractor remedies the
reasons for such action.
14.03 Contractor's Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to City no later than
the time of payment free and clear of all Liens.
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14.04 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with Contractor's
performance of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
1. Contractor at any time may notify City in writing that Contractor considers any such part of
the Work ready for its intended use.
2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and
Contractor shall make an inspection of that part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
14.05 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
1. within 10 days, City will schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
B. No time charge will be made against the Contractor between said date of notification of the City
and the date of Final Inspection. Should the City determine that the Work is not ready for Final
Inspection, City will notify the Contractor in writing of the reasons and Contract Time will
resume.
14.06 Final Acceptance
Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final
Inspection, City will issue to Contractor a letter of Final Acceptance.
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14.07 Final Payment
A. Application for Payment:
1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for
fmal payment following the procedure for progress payments in accordance with the
Contract Documents.
2. The final Application for Payment shall be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
b. consent of the surety, if any, to final payment;
c. a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
d. affidavits of payments and complete and legally effective releases or waivers
(satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the
Work.
B. Payment Becomes Due:
1. After City's acceptance of the Application for Payment and accompanying documentation,
requested by Contractor, less previous payments made and any sum City is entitled,
including but not limited to liquidated damages, will become due and payable.
2. After all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been reported to Contractor's
insurance provider for resolution.
3. The making of the final payment by the City shall not relieve the Contractor of any
guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
14.08 Final Completion Delayed and Partial Retainage Release
A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon
receipt of Contractor's fmal Application for Payment, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed and accepted. If
the remaining balance to be held by City for Work not fully completed or corrected is less than
the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in
Paragraph 5.02, the written consent of the surety to the payment of the balance due for that
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portion of the Work fully completed and accepted shall be submitted by Contractor to City with
the Application for such payment. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of Contract Claims.
B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment
and maintenance, and test and performance periods following the completion of all other
construction in the Contract Documents for all Work locations, the City may release a portion of
the amount retained provided that all other work is completed as determined by the City. Before
the release, all submittals and final quantities must be completed and accepted for all other work.
An amount sufficient to ensure Contract compliance will be retained.
14.09 Waiver of Claims
The acceptance of final payment will constitute a release of the City 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 City related to or connected with the Contract.
ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION
15.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will make no extra payment for stand-by
time of construction equipment and/or construction crews.
B. 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, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a 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.
D. 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 City 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. Reimbursement may not be allowed if the equipment is
moved to another construction project for the City.
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15.02 City May Terminate for Cause
A. The occurrence of any one or more of the following events by way of example, but not of
limitation, may justify termination for cause:
1. Contractor's persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment, failure to adhere to the Project Schedule established under
Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere
to the City's MWBE ordinance established under Paragraph 6.06.D);
2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor's repeated disregard of the authority of City; or
4. Contractor's violation in any substantial way of any provisions of the Contract Documents;
or
5. Contractor's failure to promptly make good any defect in materials or workmanship, or
defects of any nature, the correction of which has been directed in writing by the City; or
6. 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;
or
7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily; or
8. Contractor commences legal action in a court of competent jurisdiction against the City.
B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written
notice to Contractor and Surety to arrange a conference with Contractor and Surety to address
Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after
receipt of notice.
1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to
perform the construction Contract, the City may, to the extent permitted by Laws and
Regulations, declare a Contractor default and formally terminate the Contractor's right to
complete the Contract. Contractor default shall not be declared earlier than 20 days after the
Contractor and Surety have received notice of conference to address Contractor's failure to
perform the Work.
2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the
Work. If Surety does not commence performance thereof within 15 consecutive calendar
days after date of an additional written notice demanding Surety's performance of its
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-59
GENERAL CONDITIONS
Page 59 of 62
obligations, then City, without process or action at law, may take over any portion of the
Work and complete it as described below.
a. If City completes the Work, City may exclude Contractor and Surety from the site and
take possession of the Work, and all materials and equipment incorporated into the Work
stored at the Site or for which City has paid Contractor or Surety but which are stored
elsewhere, and finish the Work as City may deem expedient.
3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any
further payment until the Work is finished. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses and damages sustained by City arising out of or resulting
from completing the Work, such excess will be paid to Contractor. If such claims, costs,
losses and damages exceed such unpaid balance, Contractor shall pay the difference to City.
Such claims, costs, losses and damages incurred by City will be incorporated in a Change
Order, provided that when exercising any rights or remedies under this Paragraph, City shall
not be required to obtain the lowest price for the Work performed.
4. Neither City, nor any of its respective consultants, agents, officers, directors or employees
shall be in any way liable or accountable to Contractor or Surety for the method by which the
completion of the said Work, or any portion thereof, may be accomplished or for the price
paid therefor.
5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right
to recover damages from Contractor or Surety for Contractor's failure to timely complete the
entire Contract. Contractor shall not be entitled to any claim on account of the method used
by City in completing the Contract.
6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
law.
C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be terminated if Contractor
begins within seven days of receipt of notice of intent to terminate to correct its failure to
perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
D. Where Contractor's services have been so terminated by City, the termination will not affect any
rights or remedies of City against Contractor then existing or which may thereafter accrue. Any
retention or payment of moneys due Contractor by City will not release Contractor from liability.
E. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this
Article.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
00 72 00 - 60
GENERAL CONDITIONS
Page 60 of 62
15.03 City May Terminate For Convenience
A. City may, without cause and without prejudice to any other right or remedy of City, terminate the
Contract. 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 shall be
deemed conclusively presumed and established when the letter is placed in the United States
Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and
established that such termination is made with just cause as therein stated; and no proof in any
claim, demand or suit shall be required of the City regarding such discretionary action.
B. After receipt of a notice of termination, and except as otherwise directed by the City, the
Contractor shall:
1. Stop work under the Contract on the date and to the extent specified in the notice of
termination;
2. place no further orders or subcontracts for materials, services or facilities except as may be
necessary for completion of such portion of the Work under the Contract as is not terminated;
3. terminate all orders and subcontracts to the extent that they relate to the performance of the
Work terminated by notice of termination;
4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any,
directed by the City:
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 City.
5. complete performance of such Work as shall not have been terminated by the notice of
termination; and
6. take such action as may be necessary, or as the City may direct, for the protection and
preservation of the property related to its contract which is in the possession of the
Contractor and in which the owner has or may acquire the rest.
C. At a time not later than 30 days after the termination date specified in the notice of termination,
the Contractor may submit to the City a list, certified as to quantity and quality, of any or all
items of termination inventory not previously disposed of, exclusive of items the disposition of
which has been directed or authorized by City.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-61
GENERAL CONDITIONS
Page 61 of 62
D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list
submitted shall be subject to verification by the City 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.
E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination
claim to the City in the form and with the certification prescribed by the City. Unless an
extension is made in writing within such 60 day period by the Contractor, and granted by the
City, any and all such claims shall be conclusively deemed waived.
F. In such case, Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and profit on
such Work;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in connection
with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
and
3. reasonable expenses directly attributable to termination.
G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid
to the Contractor by reason of the termination of the Work, the City shall determine, on the basis
of information available to it, the amount, if any, due to the Contractor by reason of the
termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid
on account of loss of anticipated profits or revenue or other economic loss arising out of or
resulting from such termination.
ARTICLE 16 — DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision
under Paragraph 10.06 before such decision becomes final and binding. The request for
mediation shall be submitted to the other party to the Contract. Timely submission of the request
shall stay the effect of Paragraph 10.06.E.
B. City and Contractor shall participate in the mediation process in good faith. The process shall be
commenced within 60 days of filing of the request.
C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a
denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after
termination of the mediation unless, within that time period, City or Contractor:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-62
GENERAL CONDITIONS
Page 62 of 62
1. elects in writing to invoke any other dispute resolution process provided for in the
Supplementary Conditions; or
2. agrees with the other party to submit the Contract Claim to another dispute resolution
process; or
3. gives written notice to the other party of the intent to submit the Contract Claim to a court of
competent jurisdiction.
ARTICLE 17 — MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
17.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
17.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-63
GENERAL CONDITIONS
Page 63 of 62
17.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
SECTION 00 73 00
SUPPLEMENTARY CONDITIONS
TO
GENERAL CONDITIONS
Supplementary Conditions
These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other
provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are
modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of
the General Conditions which are not so modified or supplemented remain in full force and effect.
Defined Terms
The terms used in these Supplementary Conditions which are defined in the General Conditions have the
meaning assigned to them in the General Conditions, unless specifically noted herein.
Modifications and Supplements
The following are instructions that modify or supplement specific paragraphs in the General Conditions and
other Contract Documents.
SC-3.03B.2, "Resolving Discrepancies"
Plans govern over Specifications.
SC-4.01A
Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding.
Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the
Contract Drawings.
SC-4.01A.1., "Availability of Lands"
The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of
N/A - Easements and right-of-way will be obtained prior to construction
Outstanding Right -Of -Way, and/or Easements to Be Acquired
PARCEL OWNER
NUMBER
NONE
TARGET DATE
OF POSSESSION
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and
do not bind the City.
If Contractor considers the final easements provided to differ materially from the representations on the
Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work,
notify City in writing associated with the differing easement line locations.
SC-4.01A.2, "Availability of Lands"
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
Utilities or obstructions to be removed, adjusted, and/or relocated
The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as
of when this document was created.
EXPECTED UTILITY AND LOCATION TARGET DATE OF
OWNER ADJUSTMENT
Major utilities will be relocated as needed prior to construction. Minor utilities will be relocated as needed as part
of construction
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and
do not bind the City.
SC-4.02A., "Subsurface and Physical Conditions"
The following are reports of explorations and tests of subsurface conditions at the site of the Work:
NONE
The following are drawings of physical conditions in or relating to existing surface and subsurface structures
(except Underground Facilities) which are at or contiguous to the site of the Work:
NONE
SC-4.06A., "Hazardous Environmental Conditions at Site"
The following are reports and drawings of existing hazardous environmental conditions known to the City:
NONE
SC-5.03A., "Certificates of Insurance"
The entities listed below are "additional insureds as their interest may appear" including their respective
officers, directors, agents and employees.
(1) City
(2) Consultant: NONE
(3) Other: NONE. City will obtain prior to construction or provide bid item when needed
SC-5.04A., "Contractor's Insurance"
The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages
for not less than the following amounts or greater where required by laws and regulations:
5.04A. Workers' Compensation, under Paragraph GC-5.04A.
Statutory limits
Employer's liability
$100,000 each accident/occurrence
$100, 000 Disease - each employee
$500, 000 Disease - policy limit
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
SC-5.04B., "Contractor's Insurance"
5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under
Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits
of:
$1,000,000 each occurrence
$2,000,000 aggregate limit
The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the
General Aggregate Limits apply separately to each job site.
The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's.
Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance.
SC 5.04C., "Contractor's Insurance"
5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under
Paragraph GC-5.04C., which shall be in an amount not less than the following amounts:
(1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto",
defined as autos owned, hired and non -owned.
$1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at
least:
$250,000 Bodily Injury per person /
$500,000 Bodily Injury per accident/
$100,000 Property Damage
SC-5.04D., "Contractor's Insurance"
The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and
material deliveries to cross railroad properties and tracks - NONE
The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with,
hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or
other property. Such operations on railroad properties may require that Contractor to execute a "Right of
Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor
should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -
entry (if any) required by a railroad company. The requirements specified herein likewise relate to the
Contractor's use of private and/or construction access roads crossing said railroad company's properties.
The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide
coverage for not less than the following amounts, issued by companies satisfactory to the City and to the
Railroad Company for a term that continues for so long as the Contractor's operations and work cross,
occupy, or touch railroad property:
(1) General Aggregate:
(2) Each Occurrence:
Required for this Contract
N/A
N/A
X Not required for this Contract
With respect to the above outlined insurance requirements, the following shall govern:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in
the name of the railroad company. However, if more than one grade separation or at -grade crossing
is affected by the Project at entirely separate locations on the line or lines of the same railroad
company, separate coverage may be required, each in the amount stated above.
2. Where more than one railroad company is operating on the same right-of-way or where several
railroad companies are involved and operated on their own separate rights -of -way, the Contractor
may be required to provide separate insurance policies in the name of each railroad company.
3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a
railroad company's right-of-way at a location entirely separate from the grade separation or at -grade
crossing, insurance coverage for this work must be included in the policy covering the grade
separation.
4. If no grade separation is involved but other work is proposed on a railroad company's right-of-way,
all such other work may be covered in a single policy for that railroad, even though the work may be
at two or more separate locations.
No work or activities on a railroad company's property to be performed by the Contractor shall be
commenced until the Contractor has furnished the City with an original policy or policies of the insurance for
each railroad company named, as required above. All such insurance must be approved by the City and each
affected Railroad Company prior to the Contractor's beginning work.
The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has
been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance
must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such
insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad
company operating over tracks involved in the Project.
SC-6.04., "Project Schedule"
Project schedule shall be tier 1 for the project.
SC-6.07., "Wage Rates"
The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes:
<Buzzsaw location, Resources/02-Construction Documents/ Specifications/Div 00-General Conditions/CFW
Wage Rate Table 20080708.pdff
SC-6.09., "Permits and Utilities"
SC-6.09A., "Contractor obtained permits and licenses"
The following are known permits and/or licenses required by the Contract to be acquired by the Contractor:
NONE
SC-6.09B. "City obtained permits and licenses"
The following are known permits and/or licenses required by the Contract to be acquired by the City:
NONE
SC-6.09C. "Outstanding permits and licenses"
The following is a list of known outstanding permits and/or licenses to be acquired, if any as of date this
document was prepared:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
Outstanding Permits and/or Licenses to Be Acquired
OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE
OF POSSESSION
NONE
SC-6.24B., "Title VI, Civil Rights Act of 1964 as amended"
During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "Contractor") agrees as follows:
1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to
nondiscrimination in Federally -assisted programs of the Department of Transportation (hereinafter,
"DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part
of this contract.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or national origin, in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The Contractor shall not
participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials or leases of equipment, each
potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations under
this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national
origin.
4. Information and Reports: The Contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information and its facilities as may be determined by City or the Texas Department of
Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions.
Where any information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish this information the contractor shall so certify to the City, or the Texas Depat tuient of
Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or the Texas
Department of Transportation may determine to be appropriate, including, but not limited to:
a. withholding of payments to the Contractor under the Contract until the Contractor
complies, and/or
b. cancellation, termination or suspension of the Contract, in whole or in part.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6)
in every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to
any subcontract or procurement as City or the Texas Department of Transportation may direct as a means
of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the
event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier
as a result of such direction, the contractor may request City to enter into such litigation to protect the
interests of City, and, in addition, the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
Additional Title VI requirements can be found in the Appendix.
SC-7.02., "Coordination"
The individuals or entities listed below have contracts with the City for the performance of other work at the
Site:
Vendor Scope of Work Coordination Authority
Determined by City Determined by City City of Fort Worth
SC-8.01, "Communications to Contractor"
All communication to the contractor will be via mail, email or phone from City personnel.
SC-9.01., "City's Project Representative"
The following firm is a consultant to the City responsible for construction management of this Project:
N/A — The City will provide inspection and management of this Project
SC-13.03C., "Tests and Inspections"
The City will provide internal inspection and both internal and external testing
SC-16.01C.1, "Methods and Procedures"
NONE ALL decisions are finalized by the City.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
APPENDIX
GC-4.01 Availability of Lands N/A
GC-4.02 Subsurface and Physical Conditions N/A
GC-4.04 Underground Facilities N/A
GC-4.06 Hazardous Environmental Condition at Site N/A
GC-6.06.D Minority and Women Owned Business Enterprise Compliance
Forms must be provided to be considered. See Attachments
GC-6.07 Wage Rates Table provided in Contract Books
GC-6.09 Permits and Utilities
Must obtain Street Cut Permits with each work order. Bid item included.
GC-6.24 Nondiscrimination None (No Federal Aid)
GR-01 60 00 Product Requirements Current Standard Product List available on Buzzsaw
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
GC-4.01 Availability of Lands
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CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
GC-4.02 Subsurface and Physical Conditions
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CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
GC-4.04 Underground Facilities
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CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
GC-4.06 Hazardous Environmental Condition at
Site
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CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
GC-6.06.D Minority and Women Owned Business
Enterprise Compliance
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CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
FORT WORTH
02-1 7-1 4 P02 : 07 IN ATTACHMENT1A
Page 1 of 4
City of Fort Worth
MBE Subcontractors/Suppliers Utilization Form
PRIME COMPANY NAME:
Woody Contractors, Inc.
PROJECT NAME:
Miscellaneous Storm Drain Contract 2013
City's MBE Project Goal:
15 0%0
Check applicable block to describe prime
M/W/DBE NON-M//WDBE
BID DATE
2-13-14
Prime's MBE Project Commitment: PROJECT NUMBER
18.3 0/002179
Identify all subcontractors/suppliers you will use on this project
Failure to complete this form, in its entirety with requested documentation, and received by the Managing
Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date,
will result in the bid being considered non -responsive to bid specifications.
The undersigned Offeror agrees to enter into a formal agreement with the MBE firm(s) listed in this utilization
schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing
misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being
considered non -responsive to bid specifications
MBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of
bid. Marketplace is the geographic area of Tarrant. Dallas. Denton. Johnson, Parker, and Wise counties.
Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct
payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to
its supplier is considered 2nd tier
ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority
business enterprise by the North Central Texas Regional Certification Agency (NCTRCA) or other certifying agencies
that the City may deem appropriate and accepted by the City of Fort Worth.
If hauling services are utilized, the prime will be given credit as long as the MBE listed owns and operates
at least one fully licensed and operational truck to be used on the contract. The MBE may lease trucks from
another MBE firm, including MBE owner -operators, and receive full MBE credit. The MBE may lease trucks
from non -MBEs, including owner -operators, but will only receive credit for the fees and commissions earned
by the MBE as outlined in the lease agreement.
Rev. 5/30/12
02-1 7-1 4 P`)�_ :07 IN
I'ORTWoRTH ATTACHMENT 1A
Page2of4
Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non -MBEs.
MBE firms are to be listed first, use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE, please attach a
copy of the firm's SBE certification if they have not previously registered with the City's M/WBE Office, which may be contacted for
verification. Please note that only certified MBEs will be counted to meet an MBE aoal.
Attach
NCTRCA Certificate
SUBCONTRACTOR/SUPPLIER
Company Name
Address
Telephone/Fax
Cowtown Redi Mix
P. 0. Box 162327
Ft Worth, TX 76161
817-759-1919
817-759-1716
Klutz Construction
P. 0. Box 100263
Ft Worth, TX 76185
817-759-1919
817-921-0990
JM Materials
P. 0. Box 496
Alvord, TX 76225
940-427-2033
940-427-2789
Buyers Barricades
3705 E. 1st St
Fort Worth, TX 76111
817-535-3939
817-831-7171
WOE Construction
941-B Avenue N
Grand Prairie,TX75050
817-284-7401
McCrory Oil
P. 0. Box 7141
Ft Worth, TX 76111
817-626-4001
817-626-4002
T
e
r
M W
B B
E E
Detail Detail
Subcontracting Supplies
S M Work Purchased
B B
E E
Concrete
Flatwork
X
X
X Sawing
Redi Mix
Concrete
Trucking
Rock
Sand
Dollar Amount
8,000.00
175,000.00
60,000.00
Barricades 10,000.00
6,000.00
X Fuel 35,000.00
Rev. 5/30/12
FORT WORTH
ATfACHMENTIA
Page 3 of 4
Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non -MBEs.
Please list MBE firm's first, use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE, please attach a copy
of the firms SBE certification if they have not previously registered with the City's M/WBE Office which may be contacted for
verification. Please note that only certified MBEs will be counted to meet an MBEstoal.
N
Attach
NCTRCA Certificate n
SUBCONTRACTOR/SUPPLIER T Detail Detail
Company Name i Subcontracting Supplies
Address e M W S M Work Purchased
Telephone/Fax r B B B B
E E E E
Utility & Environment
P. 0. Box 542015
Dallas, TX 75345
972-556-2913
J.L.B. Contracting
P. 0. Box 24131
Ft Worth, TX 73124
817-261-2991
817-261-3044
APAC Texas
P. 0. Box 1807
Ft Worth, TX 76101
817-336-0521
Fortiline Water
1705 Cypress St
Haltom City, TX 76028
682-747-0879
682-747-2077
Hanson Pipe
1000 N. MacArthur
Grand Prairie, TX7505C
972-263-2181
972-260-3618
r--
Dollar Amount
TV 8,000.00
Asphalt 8,000.00
X Asphalt 3,000.00
II
Pipe &
Fittings
40,000.00
Pipe &Manhole 200,000.00
Rev. 5/30/12
FORT WORTH
Total Dollar Amount of MBE
Total Dollar Amount of Non-
02-17-14 P02:07 IN
Subcontractors/Suppliers
MBE Subcontractors/Suppliers
$ 183,000.00
$ 370, 000.00
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 553, 000.00
ATTACHMENT 1A
Page 4 of 4
The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval
of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval of
Change/Addition form. Any unjustified change or deletion shall be a material breach of contract and may
result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a
detailed explanation of how the requested change/addition or deletion will affect the committed MBE goal. -if the
detail explanation is not submitted, it will affect the final compliance determination.
By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request,
complete and accurate information regarding actual work performed by all subcontractors, including MBE(s)
and any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of
any books, records and files held by their company. The bidder agrees to allow the transmission of interviews
with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the
contract that will substantiate the actual work performed by the MBE(s) on this contract, by an authorized
officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three (3) years and for
initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this
ordinance creates a material breach of the contract and may result in a determination of an irresponsible
Offeror and debarment from participating in City work for a period of time not less than one (1) year.
tfthorizecT i n ure
Pre ident
Title
Woody Contractors, Inc.
Company Name
Troy.Woody
Printed Signature
Contact Name/Title (if different)
817-483-4787
Telephone and/or Fax
650 Tower Drive twoody2020@aol.com
Address E-mail Address
Kennedale, TX 76060 2/14/14
City/State/Zip Date
Rev. 5/30/12
GC-6.07 Wage Rates
THIS PAGE LEFT INTENTIONALLY BLANK
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/8/2008
DATE: Tuesday, July 08, 2008
LOG NAME: 30WAGE RATES
REFERENCE NO.: **G-16190
SUBJECT:
Adopt 2008 Prevailing Wage Rates for City -Awarded Public -Works Projects
RECOMMENDATION:
It is recommended that the City Council adopt the attached 2008 Prevailing Wage Rates for City -awarded
public works projects.
DISCUSSION:
Texas Government Code Chapter 2258 requires that a public body awarding a contract for public works
shall determine the general prevailing rate of per diem wages for each craft or type of worker needed to
execute the contract, and shall specify In the bid documents and in the contract the prevailing wage rates in
that locality.
Each year The Quoin Chapter of the Associated General Contractors, in conjunction with the Association of
Builders and Contractors (ABC) and the American Sub -Contractors Association (ASA), conducts a wage
rate survey for North Texas construction. The attached 2008 Prevailing Wage Rate data was compiled from
that survey.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manaaer's Office bv:
Oriainatina Deoartment Head:
Additional Information Contact:.
Fernando Costa (8476)
A. Douglas Rademaker (6157)
Eric Bundy (7598)
HEAVY & HIGHWAY CONSTRUCTION
PREVAILING WAGE RATES 2008
Air Tool Operator
Asphalt Distributor Operator
Asphalt Paving Machine Operator
Asphalt Raker
Asphalt Shoveler
Batching Plant Weigher
Broom or Sweeper Operator
Bulldozer Operator
Carpenter
Concrete Finisher, Paving
Concrete Finisher, Structures
Concrete Paving Curbing Machine Operator
Concrete Paving Finishing Machine Operator
Concrete Paving Joint Sealer Operator
Concrete paving Saw Operator
Concrete Paving Spreader Operator
Concrete Rubber
Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator
Electrician
Flagger
Form Builder/Setter, Structures
Form Setter, Paving & Curb
Foundation. Drill Operator, Crawler Mounted
Foundation Drill Operator, Truck Mounted
Front End Loader Operator
Laborer, Common
Laborer, Utility
Mechanic
Milling Machine Operator, Fine Grade
Mixer Operator
Motor Grader Operator, Fine Grade
Motor Grader Operator, Rough
Oiler
Painter, Structures
Pavement Marking Machine Operator
Pipelayer
Reinforcing Steel Setter, Paving
Reinforcing Steel Setter, Structure
Roller Operator, Pneumatic, Self -Propelled
Roller Operator, Steel Wheel, Flat Wheel/Tamping
Roller Operator, Steel Wheel, Plant Mix Pavement
Scraper Operator
Servicer
Slip Form Machine Operator
Spreader Box Operator
Tractor Operator, Crawler Type
Tractor Operator, Pneumatic
Traveling Mixer Operator
Truck Driver, Lowboy -Float
Truck Driver, Single Axle, Heavy
Truck Driver, Single Axle, Light
Truck Driver, Tandem Axle, Semi -Trailer
Truck Driver, Transit -Mix
Wagon Drill, Boring Machine, Post Hole Driller Operator
Welder
Work Zone Barricade Servicer
$10.06
$13.99
$12.78
$11.01
$8.80I
$14.15 j
$ 9.88
$13.22
$12.80
$12.85
$13.27
$12.00
$13.63
$12.50
$13.56
$14.50
$10.61
$14.12
$18.12
$ 8.43
$11.63
$11.83
$13.67
$16.30
$12.62
$ 9.18
$10.65
$16.97
$11.83
$11.58
$15.20
$14.50
$14.98
$13.17
$10.04
$11.04
$14.86
$16.29
$11.07
$I0.92
$11.28
$11.42
$12.32
$12.33
$10.92
$12.60
$12.91
$12.03
$14.93
$11.47
$10.91
$11.75
$12.08
$14.00 1
$13.57
$10.09
GC-6.09 Permits and Utilities
THIS PAGE LEFT INTENTIONALLY BLANK
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
GC-6.24 Nondiscrimination
THIS PAGE LEFT INTENTIONALLY BLANK
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
GR-01 60 00 Product Requirements
THIS PAGE LEFT INTENTIONALLY BLANK
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
CITY OF FORT WORTH
Bid Documents Package Folder Contents Checklist
Item Item P1) INCLUDED P2) N/A
No.
00 11 13_Invitation to
1 Bidders.doc
00 41 00_00 43 13_00 42
2 43_00 43 37_00 45 12_00
35 13_Bid Proposal
Workbook.xls
3 00 45 l l_Bidders
Prequalifications.doc
00 45 13 Bidders
4 Qualification
Application.xls
00 45 26_Contractor
5 Compliance with Workers
Compensation Law.doc
Complete Specifications
and Contract Document in
pdf form
6 (Referenced
Specifications in
Construction
Specifications Folder)
Complete Plan Set in pdf
7 folio
8
9
10
11
Link to dwf sheets in Final
Drawings Folder
Plan Holder Registration
Plan Holder List
(In Plan Holders Folder)
This Document
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
P3) COMMENTS &
INITIALS
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
General Notes
Division 01— General Requirements
General:
1. The Contractor shall be responsible for locating all utilities, whether public or private, prior
to excavation. The information and data shown with respect to existing underground
facilities at or contiguous to the site is approximate and based on information furnished by
the owners of such underground facilities or on physical appurtenances observed in the
field. The City and Engineer shall not be responsible for the accuracy or completeness of
any such information or data. The Contractor shall have full responsibility for reviewing
and checking all such information or data, for locating all underground facilities, for
coordination of the work with the owners of such underground facilities during
construction and for the safety and protection thereof and repairing any damage thereto
resulting from the Work. This Work shall be considered as a subsidiary item of Work, the
cost of which shall be included in the price bid in the Proposal for various bid items. The
Contractor shall notify any affected owners (utility companies) or agencies in writing at
least 48 hours prior to construction.
a. Notify TEXAS 811 (1-800-DIG-TESS or www.texas811.org) to locate existing
utilities prior to construction.
b. Caution! Buried electric lines may exist along this project.
providers 48 hours prior to excavation :
• Oncor Electric Delivery Robert Martinez
• Tri-County Electric Scott Baumbach
Caution! Buried gas lines may exist along this project. Contact Atmos Energy 48
hours prior to excavation, and within two (2) hours of encountering a gas line
c.
d.
• ATMOS Energy John Crane
Contact electrical
817-215-6688
817-431-1541
817-207-2831
Caution! Buried communication cables may exist along this project. Contact
communication companies 48 hours prior to excavation:
• AT&T
• Verizon
• Charter Cable
• Fiberlight Comm.
• TW Telecom
• XO Comm.
• One Source Comm.
• Zayo Fiber
• Future Telecom
• Qwest Comm./Century Link
• Branham Comm.
• Level (3) Comm.
• GXT Comm.
Gary Tilory
Mike Cook
Jinn Friske
Mike Bitsche
Warren Colleton
Bill F. Kiraly
David Green
Pet Nielsen
Don Riggs
Scott Whaley
Jeff Branham
Jason Mechlem
Tommy Rayfield
817-338-6202
817-691-5772
817-298-3632
214- 755-6741
81 7 509-2214
214-23 7 7746
817-745-2066
817-665-8409
972-329-0901
972-720-2989
214-317-0361
214-443-2720
469-385-5163
e. Caution! When doing work within 200 feet of any signalized intersection, the
Contractor shall notify Traffic Management Division of City of Fort Worth T/PW,
72 hours prior to excavation Frank Brock at 817-392-2538. The Contractor shall
protect existing signal hardware, ground boxes, detection loops, and underground
conduit at signalized intersections. Any damages at signalized intersections shall be
replaced at the expense of the Contractor. The Contractor shall contact the City at
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
817-392-8100 to perform conduit line locates at signalized intersections 72 hours
prior to commencing work at the intersection.
f. The Contractor shall notify the City of Fort Inspector 48 hours prior to the start of
any excavation. Contact info will be provided at Pre -Con meeting.
2. Contractor's personnel shall have identifying clothing, hats or badges at all times which
identify the Contractor's name, logo or company.
3. Protect concrete curb and gutter, driveways, and sidewalks that are not designated for
removal. Removal and replacement of these items shall be as designated in the drawings.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
Division 32 — Exterior Improvements
General:
1. At locations where the curb and gutter are to be replaced, the Contractor shall assume all
responsibility for the re-establishment of existing street and gutter grades. Establishment of
grades shall be considered as a subsidiary item of Work, the cost of which shall be included
in the price bid in the Proposal for various bid items.
2. All driveways, which are open cut, shall have at least a temporary driving surface at the end
of each day. The temporary surface shall be considered as a subsidiary item of Work. The
cost of which shall be included in the price bid in the Proposal for various bid items.
Bike Lanes and Shared Pavement Markings:
1. Proposed bike lanes should maintain a minimum effective width of 4 feet (measured from
edge of gutter to center of stripe).
2. Bicycle pavement markings should be located 20 feet from the curb return, stop bar, or
cross walk (whichever is applicable) unless denoted otherwise in the drawings.
3. Combined width of bike lane and on -street parking should not be less than 13 feet.
4. If travel lane is greater than 14 feet wide, shared pavement markings shall be placed 4 feet
from face of curb or edge of on -street parking (whichever is applicable).
5. If travel lane is less than or equal to 14 feet wide, shared pavement markings shall be
placed in the middle of the travel lane.
3. Bike lane symbol, arrow, and shared pavement markings should be repeated at the
beginning of each intersection.
4. On uninterrupted sections of roadway, bike lane symbol and arrow should not be spaced
more than 330 feet apart and shared pavement markings should not be spaced more than
250 feet apart.
5. Bike lane symbol, arrow, and shared pavement markings should not be placed at private
driveways or public intersections.
6. Bike lane striping should be 4 inches solid white, hot -applied thermoplastic unless specified
otherwise in the drawings. All other bike lane pavement markings shall also be white, hot
applied thermoplastic unless otherwise specified in the drawings.
7. All dimensions are from face of curb and are to center of the pavement marking.
8. Shared pavement markings should not be used on facilities with a posted speed greater than
35 mph.
Sidewalks and Curb Ramps:
1. The curb ramp standard details are intended to show typical layouts for the construction of
the curb ramps. The information shown on the standard details meet the requirements
shown in the "2012 Texas Accessibility Standards" (TAS) and the "2010 ADA Standards
for Accessible Design" by the Department of Justice.
2. City of Fort Worth Standard Details are only intended to indicate pay limits for each type
of ramp, the Engineer is responsible for the development and design of the sidewalk and
curb ramp layout, including actual dimensions and slope percentages.
3. The Contractor may not make changes to the sidewalk and curb ramp layout without
approval of the City. The Contractor may propose changes to the sidewalk and curb ramp
layout due to field conditions, but any proposed changes must be approved by the City.
4. Curb ramp running slopes shall not be steeper than 8.3% (12:1). Adjust curb ramp length
or grade of approach sidewalks as directed by the City.
5. Curb ramp flare slopes shall not be steeper than 10% (10:1) as measured along back of
curb.
6. Maximum allowable cross slope on sidewalk and curb ramp surfaces is 2%.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
7. The minimum width of sidewalks and curb ramps shall be 4 feet.
8. Landings shall be provided at the top of curb ramps. The landing clear length shall be 5
feet minimum from the end of ramp. The landing clear width shall be at least as wide as
the curb ramp, excluding flares. The landing shall have a maximum slope of 2% in any
direction.
9. In alterations where there is no landing at the top of the curb ramp, curb ramp flares shall
be provided and shall not be steeper than 8.3% (12:1).
10. Where turning is required, maneuvering space at the top and bottom of curb ramps shall be
5 feet by 5 feet minimum. The space at the bottom shall be wholly contained within the
crosswalk markings and shall not project into vehicular traffic lanes.
11. Curb ramps with returned curbs may be used only where pedestrians would normally walk
across the ramp, either because the adjacent surface is planting or other non -walking
surface or because the side approach is substantially obstructed.
12. Where curb ramps are provided, crosswalk markings shall be required and ramps shall be
aligned with the crosswalk.
13. Counter slopes of adjoining gutters and road surfaces immediately adjacent to the curb
ramp shall not be steeper than 5% (20:1) in any direction.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
Division 33 - Utilities
General:
1. For utility work within utility easements, once pipe or appurtenances have been installed or
rehabilitated, immediately commence temporary surface restoration. Complete surface
restoration to the owner's satisfaction within seven (7) days of work finishing on -site.
Failure to maintain surface restoration, as noted above, may result in suspension of work
until restoration is complete.
2. Existing vertical deflections and pipe slopes shown on the drawings are approximate and
have not been field verified, unless otherwise noted. Rim elevations, flow lines, and
horizontal locations of existing manholes were determined from field survey. If field
conditions vary from those shown on drawings Contractor shall notify City.
3. Maintain all existing water and sewer connections to customers in working order at all
times, except for brief interruptions in service for water and sewer services to be reinstated.
In no case shall services be allowed to remain out of service overnight.
4. Establish and maintain a trench safety system in accordance with the excavation safety plan
and Federal, State or local safety requirements.
5. Provide and follow approved Confined Space Entry Program in accordance with OSHA
requirements. Confined Spaces shall include manholes and all other confined spaces in
accordance with OSHA's Permit required for Confined Spaces.
6. Only City prequalified Contractors, by appropriate Water Department work category, shall
be allowed to adjust valve boxes, manholes, ring & covers, etc.
Water:
1. Provide thrust restraint by means of restraining joints at fittings and concrete blocking.
When specifically indicated on the Drawings, provide thrust restraint at designated joints
beyond the fittings. Each method shall be capable of thrust restraint independent of the
other system. The Contractor shall refer to City Standard Details for area required to install
concrete blocking.
2. All ductile iron mechanical joint fittings shall be restrained to pipe using retainer glands.
3. Proposed water mains shall have a minimum cover of 48-inches cover above the top of
pipe, unless shown otherwise on the drawings or details.
4. All water services shall be installed above storm sewers, except where shown otherwise in
the drawings.
5. Elevation adjustment at connections may be made with bends, offsets, or joint deflections.
Joint deflections shall not exceed fifty percent (50%) of manufacturer's recommendations.
6. Temporary pressure plugs required for sequencing of construction and testing of proposed
water lines shall be considered subsidiary to the work and shall be included in the price bid
in the Proposal for various bid items.
Sanitary Sewer:
1. Verify that all connections to the sanitary sewer system are for sanitary sewer only. Notify
City of any discovered illicit connections.
2. The Contractor shall be liable for all damages to properties, homes, and basements from
backup, which may result during the installation of new pipe and/or abandonment of
existing pipe. The Contractor will be allowed to open clean outs where available. The
Contractor will be responsible for all clean up associated with opening clean outs.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
3. For all sanitary sewer service connections at manholes, provide a hydraulic slide in
accordance with the details.
Storm Drain:
1.Maintain the existing storm drainage system until the proposed system is in service. In no
case should the Contractor leave the existing storm drain out of service whereby runoff
would cause damage to adjacent property.
2. Construct all drainage improvements from the downstream end to the upstream end to
allow continued storm drain service. If the Contractor proposes to construct the system
otherwise, the Contractor shall submit a sequencing plan to the City for approval.
3.Take appropriate measures to preserve wildlife in accordance with applicable federal, state
and local guidelines.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179
Division 34 - Transportation
General:
1. Notify Traffic Management Division (817-392-7738) at least one week prior to starting
work on Traffic Signals.
2. Notify Traffic Management Division (817-392-7738) Project Representative at least 24-
hours in advance of all concrete pours. Inspector must be present when concrete is placed
on the project site.
3. Equipment supplied by the City will be available for pick up from the
Transportation/Public Works (T/PW) Warehouse at 5001 James Avenue or other sites
designated by the City. The Project Representative must authorize all equipment pickups.
4. All pier foundations shall have one continuous concrete pour.
5. No traffic signal poles shall be placed on foundations until seven days have elapsed
following the pouring of concrete.
6. Install the required electric services and obtain an electrical service permit in each instance,
the cost of which will be waived by the City.
Traffic Signals:
1. The City will furnish the following material to the Contractor N/A
2. Existing signal equipment shall remain in place and operating until new equipment is in
place and ready to operate.
3. Existing stop signs and posts will be removed by City forces upon, or before, the signal
turn -on.
4. Unless directed by the City, signals shall be placed in full operation between 9:00 a.m. and
12:00 p.m. (noon) on Monday through Thursday only. A representative from the Traffic
Services Division shall be present when the signal is placed in operation. The Contractor
shall contact Traffic Management Division (817 -392-7738) to arrange time and date of
signal turn -on.
Luminaires:
1. The City will furnish the following material to the Contractor N/A
2. All new streetlight pole types should match those of the surrounding area of Fort Worth for
which they are being installed in. Contact the City at (817)-392-7738 for direction on light
pole types allowed in particular areas. The same poles shall be consistently used throughout
subdivisions.
Signs:
1. All signs and hardware shown in the drawings will be furnished by the Contractor, except
for the Metro Street Name Signs and hardware, which will be furnished by the City.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised December 20, 2012
Miscellaneous Storm Drain Improvements: Contract 2013
City Project No.: 02179