HomeMy WebLinkAboutContract 40126vf nv SECRETARY
CLIENT DEPARTMENT
MIKE MONCRIEF
MAYOR
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CllY SECRETARY L..fotd
CONTRACT NO. Y
SPECIAL CONTRACT DOCUMENTS
FOR
NDITION ASSESSMENT PROGRAM
Large Diameter Sanitary Sewer Cleaning
PROJECT NO.: ICAP09-2
WATER DEPT. NO.: PE45-0707015-539120
CITY OF FORT WORTH
WATER DEPARTMENT
DALE A. FISSELER, P.E.
CITY MANAGER
S. FRANK CRUMB , P.E.
DIRECTOR, WATER DEPARTMENT
PREPARED BY: City of Fort Worth Water Department
Engineering Division
July 2009 OFF C L RECORD
C
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M&CReview Page 1 of2
Official site of the City of Fort Worth, Texas
C1TY COUNCIL AGENDA FORT WORTH ---..,.,-
COUNCIL ACTION: Approved on 4/13/2010
DATE: 4/13/2010
C
REFERENCE NO.: **C-24175 LOG NAME: 601CAP09-2ACE
CODE:
SUBJECT:
TYPE: CONSENT PUBLIC HEARING: NO
Authorize the Execution of a Contract in the Amount of $615 ,925 .00 with Ace Pipe
Cleaning , Inc., for the Interceptor Condition Assessment Program Contract 2 : Larger
Diameter Sanitary Sewer Cleaning (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Contract in the
amount of $615,925.00 with Ace Pipe Cleaning, Inc., for the Interceptor Condition Assessment
Program Contract 2 : Larger Diameter Sanitary Sewer Cleaning .
DISCUSSION:
The Interceptor Condition Assessment Program includes the cleaning and inspection of large diameter
sanitary sewers located Citywide . Interceptor Condition Assessment Program Contract 2 consists
specifically of work items necessary to perform cleaning of pipelines identified under Contract 1.
This project is an integral part of the Fort Worth Wastewater Treatment Program to eliminate and
prevent sanitary sewer overflows and bypasses in the wastewater collection system and to comply with
United States Environmental Protection Agency proposed regulations known as Capacity ,
Management, Operations and Maintenance (CMOM).
The project was advertised for bid in the Fort Worth Star-Telegram on July 23, 2009 , and July 30,
2009. On August 27, 2009, the following bids were received :
BIDDER
Ace Pipe Cleaning , Inc.
RKM Utility Services
Compliance EnviroSystems, LLC
TOTAL BID
$615 ,925.00
$982 ,650.00
$2 ,498,791 .00
The bid documents included a stipulation that the total quantities listed may not reflect actual quantities
and are based on the budgeted amount of $716 ,000 .00 . It was also stipulated that regardless of the
dollar amount bid , the Contract would be awarded in the amount of $716 ,000.00 or the amount bid ,
whichever was lower. Final payments will be made based on actual quantities .
Funds were not specifically budgeted for this project in the Fiscal Year 2010 Adopted Budget ; however,
the department has identified current year savings to offset the full cost.
Ace Pipe Cleaning , Inc., is in compliance with the City's M/WBE Ordinance by committing to 30 percent
M/WBE participation. The City's goal on this project is 23 percent.
RENEWAL -The Contract includes three one year renewal options under the same terms , conditions
and unit prices .
http ://apps .cfwnet.org/council _p acket/me _review .asp ?ID= 12 9 17&councildate=4/13/2010 4/21/2010
M&C Review Page 2 of 2
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This project affects ALL COUNCIL DISTRICTS .
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Water and Sewer Fund . Funds were not specifically budgeted for this
project in the Fiscal Year 2010 Adopted budget; however, the department has identified current year
savings to offset the full cost.
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
1) PE45 539120 0707015 $615 .925 .00
Fernando Costa (6122)
S . Frank Crumb (8207)
David Cooper (8252)
http://apps .cfwnet.org/council_packet/mc_review.asp?ID=l2917&councildate=4/l3/2010 4/21/2010
SPECIAL CONTRACT DOCUMENTS
FOR
INTERCEPTOR CONDITION ASSESSMENT PROGRAM
Contract 2 -Large Diameter Sanitary Sewer Cleaning
MIKE MONCRIEF
MAYOR
PROJECT NO.: ICAP09-2
WATER DEPT. NO.: PE45-0707015-539120
DALE A. FISSELER, P.E.
CITY MANAGER
S. FRANK CRUMB, P .E.
DIRECTOR, WATER DEPARTMENT
Approved: Andrew T. Cronberg, P.E., Assistant Director, Water Department
Approved: Travis M . Andrews , Assistant Director, Field Operations
INTERCEPTOR CONDITION ASSESSMENT PROGRAM
Contract 2 -Large Diameter Sanitary Sewer Cleaning
PROJECT NO.: ICAP09-2
WATER DEPT. NO.: PE45-0707015-539120
July , 2009
David L. Cooper, P.E .
Fort Worth Water Department
1000 Throckmorton Street
Fort Worth, Texas 76102
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PART A
PARTB
PARTC
PART Cl
PARTD
PARTE
PARTF
INTERCEPTOR CONDITION ASSESSMENT PROGRAM
Contract 2 -Large Diameter Sanitary Sewer Cleaning
Project No.: ICAP09-2
TABLE OF CONTENTS
NOTICE TO BIDDERS
Notice to Bidders
Comprehensive Notice to Bidders
Special Instructions to Bidders
PROPOSAL
M/WBE Requirements
Proposal
GENERAL CONDITIONS
SUPPLEMENT ARY CONDITIONS
SPECIAL CONDITIONS
TECHNICAL SPECIFICATIONS
Item 100
Item 200
Summary of Work
Large Diameter Sanitary Sewer Cleaning
BONDS AND INSURANCE
Certificate of Insurance
Environmental Impairment Liability Insurance
Performance Bond
Payment Bond
Contractor's Compliance with Worker's Compensation Law
PARTG
APPENDIX A
CONTRACT
WASTE HAULER'S PERMIT INFORMATION
PART A
NOTICE TO BIDDERS
NOTICE lO BIDDERS
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Sealed proposals for the following:
FOR: INTERCEPTOR CONDITION ASSESSMENT PROGRAM
Contract 2 -Large Diameter Sanitary Sewer Cleaning
Project No.: ICAP09-2
Addressed to:
CITY OF FORT WORTH
PURCHASING DIVISION
1000 THROCKMORTON ST
FORT WORTH TX 76102-6311
Sealed proposals for the INTERCEPTOR CONDITION ASSESSMENT PROGRAM CONTRACT 2 -
LARGE DIAMETER SANITARY SEWER CLEANING will be received in the office of the Purchasing
Manager until 1 :30 P.M., Thursday, August 27, 2009 and then publicly opened and read aloud at 2 :00 P.M.
Plans, Specifications and Contract Documents for this project may be obtained at the Water Department,
Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas, 76102. One set of documents will be
provided at no charge to prospective bidders.
General Contract Documents and General Specifications for Water Department projects, dated January 1, 1978,
with the latest revisions, also compromise a part of the Contract Documents for this project and may be obtained
by paying a non-refundable fee of $50.00 for each set, at the office of Water Department, Municipal Building,
1000 Throckmorton Street, Fort Worth, Texas, 76102.
All bidders submitting bids are required to be pre-qualified in accordance with the requirements of the Special
Instructions to Bidders.
A pre-bid conference will be held at 2:00 P.M. on Thursday, August 6, 2009 in the Water Administration
Conference Room, 2"d Floor City Hall, 1000 Throckmorton Street. The Engineer will transmit to all prospective
bidders of record such Addenda as he considers necessary in response to questions arising at the pre-bid
conference.
Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the
addenda by initialing the appropriate spaces in the PROPOSAL Form. Bids that do not acknowledge receipt of
all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be
obtained by contacting the Water Department at 817-392-8240.
The City reserves the right to reject any and/or all bids and waive any and/or all formalities . No bid may be
withdrawn -until expiration of ninety (90) days from the date the bids are received.
For additional information, contact David L. Cooper, P.E. at 817-392-8252.
Advertising Dates:
July 23, 2009
July 30, 2009
Fort Worth Water Department Part A -Notice to Bidders Page I of7 7/21/2009
COMPREHENSIVE NOTICE TO BIDDERS
Sea~ed prop'o sals for the following:
FOR: INTERCEPTOR CONDITION ASSESSMENT PROGRAM
Contract 2 -Large Diameter Sanitary Sewer Cleaning
Project No.: ICAP09-2
Addressed to: CITY OF FORT WORTH
PURCHASING DIVISION
1000 THROCKMORTON ST
FORT WORTH TX 76102-6311
will be received at the Purchasing Office until 1 :30 p .m., August 27, 2009 and then publicly opened and read aloud
at 2:00 p.m. in the Council Chambers. Contract Documents for this project may be obtained at the Water
Department, Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. One set of documents will be
provided at no charge to prospective bidders.
General Contract Documents and General Specifications for Water Department projects, dated January 1, 1978, with
the latest revisions, also compromise a part of the Contract Documents for this project and may be obtained by paying
a non-refundable fee of $50.00 for each set, at the office of Water Department, Municipal Building, 1000
Throckmorton, Fort Worth, Texas, 76102.
All bidders submitting bids are required to be pre-qualified in accordance with the requirements of the Special
Instructions to Bidders.
A pre-bid conference will be held at 2 :00 P .M. on Thursday, August 6, 2009 in the Water Department Administration
Conference Room, 2"d floor City Hall, 1000 Throckmorton Street, Fort Worth , Texas 76102. The Engineer will
transmitto all prospective bidders of record such Addenda as he considers necessary in response to questions arising
at the pre-bid conference.
The major work will consist of the following (All Approximate):
SEWER LINE CLEANING
SEWER LINE SONAR INSPECTION
(15" -96")
(15" -96")
58,850 If
58,850 If
Included in the above will be all other miscellaneous items of work as outlined in the Plans , General Contract
Documents and Specifications.
NOTICES
All bidders will be required to comply with Provision 5159a of"Vernon's Annotated Civil Statutes" of the State of
Texas with respect to the payment of prevailing wage rates and City of Fort Worth Ordinance no. 7400 (Fort Worth
City Code Sections 13-A-221 through 13-A-29) prohibiting discrimination in the employment practices.
Bid security may be required in accordance with Special Instructions to Bidders.
The City of Fort Worth reserves the right to reject aJJ and/or all bids and waive any and/or all formalities.
No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened . The award of
contract, if made, will be within ninety (90) days after the opening of bids, but in no case will the award be made until
all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the
Contract.
Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda
by initialing the appropriate spaces on the Addenda Index and Receipt form(s). Bids that do not acknowledge receipt
of all addenda may be rejected as being non-responsive . Information regarding the status of addenda may be obtained
by contacting the Water Departmentat 817-392-8240 .
Fort Worth Water Departm ent Part A -Notice to Bidders Page 2 of7 7/21 /2009
COMPREHENSIVE NOTICE TO BIDDERS
Bidqers, using the printed copy, shall not separate, detach or remove any portion, segment or sheets from the contract
document at any time . Bidders must complete the proposal section( s) and submit the complete specification book or
face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in
the Minority and Women Business Enterprise section for submittal within the time deadline stated below or the bidder
may request a copy of said forms from the City of Fort Worth Project Manager named in this solicitation.
In accordance with the City of Fort Worth Ordinance No. 15 530, the City of Fort Worth has goals for the participation
of minority business enterprises and women business enterprises in City of Fort Worth contracts. A copy of the
Ordinance can be obtained from the office of the City Secretary. The bidder shall submit the MBE/WBE
UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR
W AIYER FORM, GOOD FAITH EFFORT FORM (with "Documentation") and/or the JOINT VENTURE FORM as
appropriate . The Documentation must be received no later than 5 :00 p.m ., five ( 5) City ofF ort Worth business days
after the bid opening date . The bidder shall obtain a receipt from the appropriate employee of the Water Department
to whom delivery was made. Such receipt shall be evidence that the City of Fort Worth received the Documentation.
Failure to comply shall render the bid nonresponsive.
SUBMISSION OF BID AND AW ARD OF CONTRACT
The proposal within this document is designed as a package. In order to be considered an acceptable bid , the Contractor is
required to submit a bid for the complete proposal. A bid proposal submittal that is received with the proposal incomplete
will be rejected as being non-responsive. The Contractorwho submits the bid with the lowest price, will be the apparent
successful bidder for the project. However, the maximum contract amount is $716,000 in accordance with Section D-13
of the Special Conditions.
Bidders are hereby informed that the Director of the Water Department reserves the right to evaluate and recommend to
the City of Fort Worth City Council the bid that is considered to be in the best interest of the C)tof Fort Worth.
For additional information, please contact either Mr. David L. Cooper, P .E . at Telephone Number: 817-392-8252 , or by
email: david.cooper@ fortworthgov .org, or Mr. Darrell Gadberry at Telephone Number: 817-392-5021 , or by e-mail:
darrell. gadberry@ fortworthgov .org
DALE A. FISSELER, P.E.
CITY MANAGER
Advertising Dates :
July 23 , 2009
July 30, 2009
Fort Wo rth Water Department
By: _____________ _
Tony Sholola, P .E
Engineering Manager,
Water Department
MARTY HENDRIX
CITY SECRETARY
Part A -Notice to Bidders Pag e 3 of 7 7/21/2009
SPECIAL INSTRUCTIONS TO BIDDERS
(WATER DEPARTMENT)
1. SPECIAL PROJECT PRE-QUALIFICATION REQUIREMENTS: All contractors submitting bids
on the project are required to meet the Fort Worth Water Department special pre-qualification
requirements for this project prior to submitting bids. Previous pre-qualification by the Fort Worth
Water Department will not be considered as meeting this requirement.
This one-time special project-specific process will pre-qualify potential bidders whose bids will be
considered for award based upon the financial statement and experience. In addition, the process will
establish a bid limit based on an analysis of the contractor's finances. It is the bidder's responsibility to
submit documentation for those items listed below, to the Water Department's designated
representative, at least fourteen (14) calendar days prior to the date of bid opening. The Water
Department may request any other documents it may deem necessary. Any additional documents so
requested shall be submitted to the Water Department's designated representative at least seven (7)
calendar days prior to the date of the opening bids .
(a) COVER LETTER: The cover letter provided by the prospective bidder with the pre-
qualification information must include the name of a contact individual that the City may contact
for additional information if needed.
(b) FINANCIAL STATEMENT: The financial statement required shall have been prepared by an
independent certified public accountant or independent public accountant holding a valid permit
issued by an appropriate State licensing agency and shall have been so prepared as to reflect the
financial status of the submitting company. This statement must be current and not more than
one (1) year old. In the case that a bidding date falls within the time a new statement is being
prepared, the previous statement shall be updated by proper verification.
(c) CONTRACTOR EXPERIENCE: For an experience record to be considered to be acceptable
for a given project, it must reflect the experience of the firm seeking qualification in the work of
both the same nature and technical level as that of the project for which bids are to be received.
Experience must be on comparable projects that were completed no more than three (3) years
prior to the date on which bids will be received. References shall be submitted for a minimum of
three (3) projects. The three referenced projects must contain a minimum of 30,000 linear feet
(total for the three projects) of large diameter (27" diameter and greater) sanitary sewer main
cleaning. References must include a contact person name, telephone number, project name and
total cost, and the specific work done.
(d) PERSONNEL EXPERIENCE: The prospective bidder shall submit the names and resumes for
the proposed project manager and project superintendent. This information shall include a list of
all sanitary sewer cleaning projects that the proposed project manager and project superintendent
completed within the last three (3) years to demonstrate their ability to perform large diameter
sanitary sewer cleaning.
The Water Department will review each pre-qualification submittal. From the financial statement, the
maximum bid limit will be based on amount of liquid assets times 10. The following conditions will
apply:
(a) The Director of the Water Department shall be the sole judge as to the acceptability for financial,
experience and other qualifications to bid on any Fort Worth Water Department project.
Fort Worth Water Department Part A -Notice to Bidders Page 4 of7 7/21/2009
(~) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as
such.
(c) The City, in its sole discretion , may reject a bid for failure to demonstrate an acceptable
performance, financial statement, equipment schedule, experience and/or expertise.
(d) Any proposals submitted by a non pre-qualified bidder shall be returned unopened, and if
inadvertently opened, shall not be considered.
(e) It is the bidder's responsibility to check with the City to determine issuance of prequalification ;
however, the City will attempt to notify prospective bidders whose qualifications (financial or
experience) are not deemed to be appropriate to the nature and/or the magnitude of the project on
which bids are to be received. Failure to notify shall not be a waiver of any necessary pre-
qualifications.
(f) JOINT VENTURES: In the event the Bidder on this contract is a Joint Venture, financial
statements from each joint venturer shall be submitted for prequalification, as well as the experience
record and list of equipment of each joint venturer. The financial statements required shall have been
prepared by an independent certified public accountant or independent public accountant holding a valid
license issued by an appropriate State licensing agency and shall have been so prepared as to reflect the
financial status of the each joint venturer. The statements must be current and not more than one (1)
year old. In the case that a bidding date falls within the time a new statement is being prepared , the
previous statement shall be updated by proper verification. It is not required that each joint venturer
shall have the necessary experience and equipment, rather that combined, the joint venture has the
required experience and equipment. Upon request, the joint venture agreement shall be submitted for
review .
For additional information contact Mr. John Kasavich, P.E., Fort Worth Water Department at (817) 392-
8480 (Fax 817-392-8195). Pre-qualification submittal should be sent to:
Mr. John Kasavich , P.E.
Fort Worth Water Department
I 000 Throckmorton Street
Fort Worth , TX 76102-6212
2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE:
2.1 . Before submitting his Bid, each Bidder must (a) examine the Contract Documents thoroughly,
(b) visit the work site to familiarize with local conditions that may in any manner affect
performance of the work, ( c) familiarize himself with federal, state, and local laws , ordinances,
rules and regulations affecting performance of the work, and ( d) carefully correlate his
observations with the requirements of the Contract Documents .
2.2 Reference is made to the Supplementary Conditions for the identification of those surveys and
investigation reports of subsurface or latent physical conditions at the site or otherwise affecting
performance of the work, which have been relied upon by Engineer in preparing the Drawings
and Specifications. The data is furnished for information only and neither the Owner nor
Engineer guarantees the accuracy of the data . Before submitting his Bid each Bidder will, at his
own expense, make such additional surveys and investigations, as he may deem necessary to
determine his bid price for the performance of the work within the terms of the Contract
Documents .
Fort Worth Water Department Part A -Notice to Bidders Page 5 of ? 7/21 /2 009
3.
4.
5.
6.
7.
8.
9.
.. The Bidder acknowledges by the submission of his bid that he is solely responsible for trench
excavation safety as prescribed by the Occupational Safety and Health Administration and
HB662 and HB665 as amended by the 72nd Session of the Texas Legislature and amended by the
73rd Session of the Texas Legislature with HB 1569.
2.3. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he
has complied with every requirement of the Contract Documents.
BID FORM (PROPOSAL):
3.1 Bidders shall use the Bid (Proposal) forms included in these documents . Supplemental data to be
furnished shall be included in the same sealed envelope with Proposal.
3 .2 Bid (Proposal) Forms must be completed in ink. The bid price of each item on the form must be
stated in words, if specifically requested, and/or numerals; in case of a conflict, words will take
precedence .
BID SECURITY: A cashier's check or an acceptable bidder's bond payable to the City of Fort Worth
in an amount of not less than five percent (5%) of the largest possible total of the bid submitted must
accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the
Contract Documents within ten (10) days after the contract has been awarded. To be an acceptable
surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury, or (2) the
surety must have capital and surplus equal to ten times the limit of the bond. The surety must be
licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount
shown on the treasury list or one-tenth (1/10) the total capital and surplus.
BONDS: A performance bond and a payment bond each for one hundred percent (100%) of the
contract price will be required, Reference C 3-3 .7 .
WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth, Texas,
and as set forth in the Contract Documents must be paid on this project.
AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal , the City
reserves the right to adopt the most advantageous construction thereof to the City or to reject the
Proposal.
BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas.
NONRESIDENT BIDDER: Pursuant to Article 601g , Texas Revised Civil Statutes, the City of Fort
Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the
lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident
bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state
in which the nonresident's principal place of business is located.
"Nonresident bidder" means a bidder whose principal place of business is not in the State of Texas, but
excludes a contractor whose ultimate parent company or majority owner has its principal place of
business in the State of Texas.
This provision does not apply if this contract involves Federal funds .
The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid
to meet specifications . The failure of a nonresident contractor to do so will automatically disqualify
that bidder.
Fort Worth Water Department Part A -Notice to Bidders Page 6 of7 7/21 /2009
10. PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be paid within forty-
five (45) calendar days after completion and acceptance by the City.
11. AGE: In accordance with the policy ("Policy") of the Executive branch of the Federal Government,
Contractor covenants that neither it nor any of its officers, members, agents, employees, program
participants or subcontractors, while engaged in performing this contract, shall, in connection with the
employment, advancement or discharge of employees or in connection with the terms, conditions or
privileges of their employment, discriminate against persons because of their age except on the basis of
a bona fide occupational qualification, retirement plan or statutory requirement.
12.
13.
Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or
advertisements for employees to work on this contract, a maximum age limit for such employment
unless the specified maximum age limit is based upon a bona fide occupational qualification,
retirement plan or statutory requirement.
Contractor warrants it will fully comply with the policy and will defend, indemnify, and hold City
harmless against any claims or allegations asserted by third parties or subcontractor against City arising
out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy
concerning age discrimination in the performance of this agreement. ·
DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public, nor in the
availability, terms and/or conditions of employment for applicants for employment with, or employees
of Controctor or any of its subcontractors. Contractor warrants it will fully comply with ADA's
provisions and any other applicable federal, state, and local laws concerning disability and will defend,
indemnify and hold City harmless against any claims or allegations asserted by third parties or
subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to
comply with the above referenced laws concerning disability discrimination in the performance of this
agreement.
MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with City of Fort Worth
Ordinance, No. 13471, as amended by Ordinance No. 13781, the City of Fort Worth has goals for the
participation of minority business enterprises and women business enterprises in City contracts. A copy
of the Ordinance can be obtained ~om the Office of the City Secretary.
Fort Worth Water Department Part A -Notice to Bidders Page 7 of7 7/2If2009
FORT WORTH ---...,, . ' .. ,_. City of Fort Worth
REv IV
4UG 17 2009
Minority and Women Business Enterprise Specification~ .,r Dep rtm n
SPECIAL INSTRUCTIONS FOR BIDDERS
APPLICATION OF POLICY
If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable.
If the total dollar value of the contract is less than $25 ,000, the M/WBE oal is not a licable .
POLICY ST A TEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business
Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis . All requirements
and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid .
M/WBE PROJECT GOALS
The City's M/WBE goal on this project is '23 % of the total bid (Base bid applies to Parks and Community Services).
COMPLIANCE TO BID SPECIFICATIONS
On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by
either of the following :
1. Meet or exceed the above stated M/WBE goal, or
2. Good Faith Effort documentation, or;
3. Waiver documentation, or;
4. Joint Venture .
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Managing Department , within the following t imes allocated, in order
for the entire bid to be _considered responsive to the specifications . The Offuror shall deliver the MWBE documentation:
in person to the appropriate employee of the managing department and obtain a date/time receipt Such receiJ)t shall
be evidence th .. t the City rtceived the doc!lfil.e 1tation in th/;:! time allocai'id, A fax~d copywm not be ac:cepted.
1. Subcontractor Utilization Form , if goal is received by 5:00 p .m ., five (5) City business days after the bid
met or exceeded : openinQ date, exclusive of the bid openino date.
2. Good Faith Effort and Subcontractor received by 5 :00 p .m ., five (5) City business days after the bid
Utilization Form , if participation is less than opening date, exclusive of the bid opening date .
stated goal :
3. Good Faith Effort and Subcontractor received by 5 :00 p .m ., five (5) City business days after the bid
Utilization Form , if no M/WBE participation: opening date, exclusive of the bid opening date.
4. Prime Contractor Waiver Form , if you will received by 5 :00 p .m., five (5) City business days after the bid
perform all subcontractinQ/supplier work : openino date , exclusive of the bid openinQ date .
5. Joint Venture Form, if utilize a joint venture received by 5 :00 p .m ., five (5) City business days after the bid
to met or exceed ooal. openinQ date, exclusive of the bid openinQ date .
FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED
NON-RESPONSIVE TO SPECIFICATIONS
Any questions, please contact the M/WBE Office at (817) 392-6104.
Rev . 11/1/05
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fORTWORTH
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4LJJ I I 2 °3
mn City of Fort Worth
Subcontractors/Suppliers Utilization Form
ATIACHMENT 1A
Page 1 of 4
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Check applicable block to describe prime
City's M/WBE Project Goal:
c..3%
o..u /t5bt:5<;; .AA &.JJT' f'~R,+-""'
~A-..u iTI\-R-Y ~Er.JER-Cl. ~,01 .A.l l-.
Prime's M/WBE Project Utilization:
0 %
M/W/DBE NON-M/W/DBE
-2-
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 M/WBE 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
M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or
currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant ,
Parker, Johnson , Collin , Dallas , Denton , Ellis , Kaufman and Rockwall 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 151 tier, a payment by a subcontractor to
its supplier is considered 2nd tier
ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
Certification means those firms, located or doing business at the time of bid opening within the Marketplace , that have
been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification
Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division . Disadvantaged Business
Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE).
If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and
operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease
trucks from another M/WBE firm , including M/WBE owner-operators, and receive full M/WBE credit. The
M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the
fees and commissions earned by the M/WBE as outlined in the lease agreement.
Rev . 5/30/03
-
fO RTWORTH
~~
ATIACHMENT 1A
Page 2 of 4
Primes a re requ ired to identi fy ALL subcont ractors/suppliers , rega rdl ess of status ; i .e ., Minority , Women and non -M/WBEs .
Please list M/WBE firms fi rs t, use add iti onal sh eets if necessary.
Certification N
(check one ) 0
SUBCONTRACTOR/SUPPLIER n T Detail Detail Company Name i N T
C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D w Telephone/Fax r B B R 0 B E E C T E
A
u~vv \ ~-h-~+('i,t.l...~"C Sewe.rC\~~ c..tct \~ B'";l-l.r-(Jpt,iz::l....lA-J ,/ £ CL-T~ l ~) , (0 (00 -OD ~ IA.( µ~VV\. T't \ ~~;,,3 ~ _qo10 \ \AS p lC "' Cy\_
~11-'33;)~'14'Y4-
Rev . 5/30/03
-
f ORTWORTH ~·· AJG l , Z /19 ATTAC HMENT 1A
Page 3 of 4
Prim es are requ ired to identify ALL subcontra cto rs/suppl iers , rega rd less of status ; i.e ., Minority , Women and non -M/WBEs .
Please list M/WBE firms first , use addit ional sheets if necessary .
Certification N
(check one) 0
SUBCONTRACTOR/SUPPLIER n T T Detail Detail Company Name N i C X M Subcontracting Work Supplies Purchased Dollar Amount Address 8 M w T D V\ Telephone/Fax r B B R 0 B E E C T E
A
Rev. 5/30/03
-
-
-
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FOR T WOR TH ~iJG / 1 Z/19
ATTACHMENT 1A
Page 4 of 4
~
Total Dollar Amount of M/WBE Subcontractors/Suppliers $ \~,Q()0.(00
Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ l y;<;: ,000. 0 0
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 Manager or designee through the submittal of a
Request for Approval of Change/Addition. 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/addit ion or deletion will affect the committed
M/WBE goal. If the detail explanation is not submitted , it will affect the final compliance determination.
By affixing a signature to this form, the Offerer further agrees to provide, directly to the City upon request,
complete and accurate information regarding actual work performed by all subcontractors , including
M/W/DBE(s) arrangements submitted with the bid. The Offerer 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/contractors participating on the contract that will substantiate the actual work
performed by the M/W/DBE(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 and create a material
breach of contract may result in a determination of an irresponsible Offerer and barred from participating in
City work for a period of time not less than one (1) year.
Autho.Ftzed Signature Printed Signature
Tttle' Contact Name/Title (If different)
8:c.e e,· p e< t{ t a.~ L Z9 l nc '6l 1 · :3 31 -I l l ~ -
Telephone and/or Fax Company Name
Address
bja.roe.s ovt.@ Cl .Le p~ee . c ~
E-m · Address
fiJ r+ \N ov' r\t\ TY: 1 lo l 11 <f-;;)5 ,l) 1
City/State/Zip Date
Rev. 5/30/03
-
-
-
FORT.WORTH
·---.--. • a «-"
11,·7 ,zfj
City of Fort Worth en
Prime Contractor Waiver Form
ATTACHMENT 18
Page 1 of 1
PRIME COMPANY NAME : Check applicable block to describe
prime
I M/W/DBE I I NON-M/W/DBE
PROJECT NAME : J,u-p-fl it£U ,o (.O)J{) ITtoJ.J ~ss c>~»1e ...... rr P/!.o G /!-A-M BID DATE
eo~nlL+cT '2. -LA-lGr G D1A .-IAE-fE~ {;Jr ;J trt+-t '/ ~twbR-Cit:/t-J.J1JJ&r 7-23-09
City's M/WBE Project Goal: I PROJECT NUMBER
2 3 % 1}£ '15 -Ef!07P/5 ~ S3'7 I W
If both answers to this form are YES, do not complete ATIACHMENT 1C(Good Faith Effort Form). All questions on
this form must be completed and a detailed explanation provided , if applicable . If the answer to either question is
NO, then YOL! must complete ATIACHMENT 1C . This form is only applicable if .both answers are yes.
Failure to complete this form in its entirety and be received by the Managing Department on or before
5:00 p.m.1 five (5) City business days after bid opening, exclusive of the bid opening date, will result in the
bid being considered non-responsive to bid specifications.
Will you perform this entire contract without subcontractors? YES
If yes, please provide a detailed explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business.
Will you perform this entire contract without suppliers? YES
If yes, please provide a detailed explanation that proves based on the size and scope of this
project , this is your normal business practice and provide an inventory profile of your business . NO
The bidder further agrees to provide , directly to the City upon request , complete and accurate information
regarding actual work performed by all subcontractors , including M/WBE(s) on this contract , the payment
therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder
also agrees to allow an audit and/or examination of any books , records and files held by their company that w ill
substantiate the actual work performed by the M/WBEs on this contract , by an authorized officer or employee of
the City. Any intentional and/or know i ng 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 fa ilure to comply with this ordinance creates a material breach of
contract may result in a determination of an irresponsible offeror and barred from participating in City work for a
period of time not less than one (1) year.
Authorized Signature Printed Signature
Title Contact Name (if different)
Company Name Phone Number Fa x Numbe r
Address Ema il Address
City/State/Zip Date
Rev . 5/30/03
-
t
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~UG ; I l 119 ATTACHMENT 1C
Page 1 of 3
FORT WORTH
a . ---. ~
PRIME COMPANY NAME :
PROJECT NAME : :r >JTEJ? .. cEP-ro e..
City of Fort Worth
Good Faith Effort Form
Co.u O lTIO.U /rQ;-6,~~MtA>f P~o&e..;...AJ.
CO-UTR--AC..T 2 -l,M.G.1-c D rlt..u &tf:"R.. SA-~1,A-£-Y ~eu>E~ CL.f.A.JJIJJl-,
City's M/WBE Project Goal: I PROJECT NUMBER
23% I CAf>o1-2.
n
Check applicable block to describe
prime
I M/W/DBE I I NON -M/W/DBE
BID DATE ?-23 -09
If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your
DBE participation is less than the City's project goal, you must complete this fonn.
If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a
"good faith effort", the bidder will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, 1 thru 6 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing
misrepresentation the facts or intentional discrimination by the bidder.
Failure to complete this form, in its entirety with supporting 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.
1.) Please list each and every subcontracting and/or supplier opportunity} for the completion of this
project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES
OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the
2nd tier.
(Use additional sheets, if necessary)
List of Subcontracting Opportunities List of Supplier Opportunities
Rev. 05/30/03
-
-
-
-
ATIACHMENT 1C
• 2.)
• Page 2 of 3
Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE
subcontractors and/or suppliers from the City's M/WBE Office.
__ Yes
__ No
Date of Listing __ ! __ ....,:/
3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are
opened?
__ Yes (If yes, attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed .)
__ No
4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are
opened?
__ Yes (If yes, attach list to Include name of M/WBE firm, person contacted, phone number and date and time of contact)
__ No
NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile
is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and
documentation faxed.
NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the
bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a
particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two-
thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with
questions 3 and 4.
5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of
plans and specifications in order to assist the M/WBEs?
__ Yes
__ No
6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in
the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any
supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide
dispute concerning quotes, the bidder will provide for confidential in-camera access to and
inspection of any relevant documentation by City personnel.
(Please use additional sheets, if necessary, and attach.)
Company Name Telephone Contact Person Scope of Work Reason for Rejection
Rev. 05/30/03
-
-
-
-
-
: ADDITIONAL INFORMATION:
ATIACHMENT 1C
Page 3 of 3
Please provide additional information you feel will further explain your good and honest efforts to obtain
M/WBE participation on this project.
The bidder further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work performed on this contract, the payment
thereof and any proposed changes to the original arrangements submitted with this bid.
The bidder also agrees to allow an audit and/or examination of any books, records and
files held by their company that will substantiate the actual work performed 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 and creates a material breach of
contract may result in a determination of an irresponsible offeror and barred from
participating in City work for a period of time not less than one (1) year.
The undersigned certifies that the information provided and the M/WBE(s) listed
was/were contacted in good faith. It is understood that any M/WBE(s) listed in
Attachment 1 C will be contacted and the reasons for not using them will be verified by
the City's M/WBE Office.
Authorized Signature Printed Signature
Title Contact Name and Title (if different)
Company Name Phone Number Fax Number
Address Email Address
City/State/Zip Date
Rev. 05130103
-
•
FORT WORTH
• • CITY OF FORT WORm
Joint Venture Eligibility Form
All questions must be answered; use "NA" if applicable.
Joint Venture
Page 1 of 3
Name of City project: :i>JIC;llCGJ>TO~ Co.oo iTIO>,; A.sscs~M-E~T PaoG2.AM -Co..vre.A e,T 2
A joint venture form must be completed on~ project
RFP/Bid/Purchasing Number: -------------
1. Joint venture information:
Joint Venture Name:
Joint Venture Address:
(If applicable)
Telephone:
Cellular:
Facsimile: E-mail address:
Identify the firms that comprise the joint venture:
Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the
·oint venture
M/WBE firm Non-M/WBE
name: firm name:
Business Address : Business Address :
City , State, Zip : City , State , Zip :
Telephone Facsimile E-mail Telephone Facsimile
Cellular Cellular
Certification Status: E-mail address
Name of Certifying Agency:
2 S . f k rfi cope o wor pe orme db th J ' tV tu IY e OID en re:
Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE:
Rev . 5/30/03
-
• Joint Venture
Page 2 of 3
3. What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward
meeting the project goal?
4. Attach a copy of the joint venture agreement.
5. List components of ownership of joint venture: (Do not complete if this information is describ ed in joint venture agreement)
Profit and loss sharing:
Capital contributions, including
equipment:
Other applicable ownership interests:
6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day
management and decision making of the joint venture:
Financial decisions
(to include Account Payable and Receivable):
Management decisions:
a. Estimating
----------------------------------------------b. Marketing and Sales
-------------------- --------------.. -----------c. Hiring and Firing of management
personnel
----------------------------------------------d. Purchasing of major equipment
and/or supplies
Supervision offield operations
The City's Minority and Women Business Enterprise Office will review your joint venture submission and
will have final approval of the M/W BE percentage applied toward the goal for the project listed on this
form.
NOTE:
From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar
amounts/percentages change from the originally approved infonnation , then the participants must infonn the City's
M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and
may result in debannent in accord with the procedures outlined in the City's M/WBE Ordinance .
Rev. 5/30/03
-
-
Joint Venture
P 3 f 3 m n
~ age 0
~ AFFIDAVIT
The undersigned affirms that the foregoing statements are true and correct and include all material information
necessary to identify and explain the terms and operation of the joint venture . Furthermore, the undersigned shall
agree to provide to th e joint venture the stated scope of work , decision -making responsibi lities and payments
herei n .
The C ity also reserves the right to request any additional information deemed necessary to determine if the joint
venture is eligible . Failure to cooperate and/or provide requested information within the time specified is grounds
for termination of the eligibility process.
The undersigned agree to permit audits , interviews with owners and examination of the books, reco rds and files
of the joint venture by any authorized representatives of the City of Fort Worth . Failure to comply with this
provision shall result in the termination of any contract, which may be awarded under the provisions of this joint
venture's eligibility and may initiate act ion under Federal , State and /or Local laws/ordinances concerning false
__ statements or wi ll ful _misrepresentation of facts. __________________ ------·----------------------------------------------------------------------
Name ofM/WBE fi nn Name of non-M/WBE finn
Printed Name of Owner Printed Name of Owner
S ig nature o f Owner Si g nature of O wn er
Printed Na me of Own er Printed Name of Owner
S ig nature of Owner Si gnature of Owner
T itl e Title
Date Date
Nota rization
State of ___________________ County of _______________ _
On this ______________ day of ________ , 20 __ , before me appeared
and ------------------------------------------
to me pers onally known and who, being duly sworn , did execute the foregoing affidavit and did state that they were
properly authorized to execute this affi davit and did so as their free act and deed .
Notary Pu b lic --c--,--c-,------------------------
Print Name
Notary Public--,-,------------------------
S ignature
Commission Expires------------------------(seal)
Rev. 5/3 0/03
PARTB
PROPOSAL
' . PROPOSAL
(This proposal must not be removed from this book of Contract Documents.)
TO: City of Fort Worth
Purchasing Di v ision
1000 Throckmorton St
Fort Worth, TX 76102-6311
PROPOSAL FOR: The furnishing of all materials , equipment and la bor for the cleaning of larg e
diameter sanitary sewer lines throughout the City of Fort Worth , and to prov ide a complete and serviceable
project designated as:
INTERCEPTOR CONDITION ASSESSMENT PROGRAM
CONTRACT 2 -LARGE DIAMETER SANITARY SEWER CLEANING
Project No.: ICAP09-2
WATER DEPT. NO.: PE45-0707015-539120
Pursuant to the foregoing "Notice to Bidders," the undersigned Bidder, hav ing thoroughl y examined the
Contract Documents, including maps , special contract documents , and the General Contract Documents
and General Specifications for Water Department Projects , the various sites of the project and
understanding the amount of work to be done , and the prevailing conditions , hereby proposes to do all the
work, furnish all labor, equipment and material except as specified to be furnished by the City, which is
necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the
inspection and approval of the Director of the Water Department, City of Fort Worth , Texas ; and binds
himself upon acceptance of this Proposal to ex ecute a contract and furnish an appro v ed Performance Bond,
Payment Bond, and such other bonds , if any, as may be required by the Contract Documents for the
performing and completing of the said work. Contractor propo ses to do the work within the time stated and
for the following sums:
Fo rt Wo rth W ater De partnent Part B -Pro p osal Page I of 10 7/2 1/2009
PAY
ITEM
1.
2.
3 .
4.
5.
APPROXIMATE
"'QUANTITY
lOEA
3 EA
3,150 LF
14,200 LF
4 ,000 LF
Fo rt Worth Water De partnent
DESCRIPTION OF ITEMS WITH
BID PRICES WRITTEN IN WORDS
Job Move-In
Ze c(1 Dollars &
2<ecu Cents per EA
Emergency
Job Move-In
7 < -e (0 Dollars &
2 «£CC) Cents per EA
Sewer Line Cleaning
15-Inch to 18-Inch Diameter
_=c_._____.W~~O ____ Dollars &
$
$
$
UNIT
PRICE
-&
__:&-
-e-
$
$
$
AMOUNT
BID
·ff
-e-
-e-
_2_-e~c_c.) ______ CentsperLF $ .2 .co $ lo ,60Q .OU
Sewer Line Cleaning
20-Inch to 24-Inch Diameter
__,\_W __ O _____ Dollars &
__.f_:_f ~+;j~---Cents per LF $ ;)_ . s-0 $ 3 ~, ~ · c{)
Sewer Line Cleaning
27-Inch Diameter
c \ V\ ~t_..e__ Dollars & ---------
__ 2~-e-""'-'<'--"'U"------Cents per LF $ 3 .oo $ l~, ooo . oO
Part B -Propos al Page 2 of 10 7/2 1/2009
PAY APPROXIMATE DESCRIPTION O F ITEMS WITH UNIT AMOUNT
ITEM ·QUANTITY BID PRICES WRITTEN IN W ORDS PRICE BID
6. 5,000 LF Sewer Line Cleaning
30 -Inch Diameter
.r=:ou r Dollars &
7<'.--€ rO Cents per LF $ Lf .Q() $ ;;;..o I ooo ·®
7 . 3 ,200 LF Sewer Line Cleaning
33-Inch Diameter
f-:1VL Dollars &
7. ::€ <0 Cents per LF $ s-.ao $ l to , 0(90 · dJ
8. 4,800 LF Sewer Line Cleaning
36-Inch D iameter
\=-1V{_ Dollars &
2en) Cents per LF $ s::.oo $ d4 ,0~0 -00
9. 2,700 LF Sewer Line Cleaning
3 9-Inch Diameter
£: ~k+-Dollars &
-z.-e,o Cents per LF $ y;; .QQ $ 62 1 , w o o .m
10 . 3 ,100 LF Sewer Line Cleaning
42-Inch Diameter
E: ~k-+ Dollars &
-z..,-e rO Cents per LF $ %.oo $ ;)~ I 000 JD
11. 5 ,000 LF Sewer Line Cleaning
48-Inch D iameter
{::_ ·. ~ V\_ ~ Dollars &
-z_ ..e -ru Cents per LF $ ~. Ob $ ~ t) , 0(9() . o U
Fort Wo rth Water Departne nt Part B -Propos al Page 3 of 10 7/2 1/2009
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT
PRICE
AMOUNT
BID ITEM •QUANTITY BID PRICES WRITTEN IN WORDS
12. 4 ,000 LF
13. 1,200 LF
14 . 1,200 LF
15. 1,400 LF
16. 700 LF
Fort Worth Water Departnent
Sewer Line Cleaning
54-Inch Diameter
~E:~~L~ev~e.-~V" ___ Dollars &
_--z__-=----e~c.......,.(.)__,____ Cents per LF $ l \ · C0 $ 4 \4 1 t) 0 0 _O'.)
Sewer Line Cleaning
60-Inch Diameter
-:T1~__.\~A.J~.e_\_v_L ___ Dollars &
_7~< -P-"---'-<"-=0'------Cents per LF $ l~ . 0 0 $ I L( , '-l O O .(J)
Sewer Line Cleaning
66-Inch Diameter
f=+--(_+_{e~e~A~--Dollars &
_2~-f>....>,........=<.......,.O""'-----Cents per LF $ l~ .0() $ l ~ 1 0(:)0 · cf)
Sewer Line Cleaning
72-Inch Diameter
~\ ~W~t~k-~----Dollars &
_-t-'--w..c......=...t ...... ) ____ Cents per LF $ d ~ . Q) $ 3 0 I 6 (Jc0. oo
Sewer Line Cleaning
84-Inch Diameter
__._\ _\A_-'---"-;~C-±j-'----1,-----Dollars &
_Z......._--f_,__.._( ..... O=r-----Cents per LF
Part B -Proposal Page4 of 10 7/2 1/2 009
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM ·QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
17. 400 LF Sewer Line Cleaning
90-Inch Diameter
'""-' v +2:) '4:~re_-e Dollars &
$ l°?:>.J()Q.c0 zeco Cents per LF $63 .00
18. 400LF Sewer Line Cleaning
96-Inch Diameter
For~ Dollars &
2-e<u Cents per LF $ 40.(X) $ ) ~ ,ooo.cO
19. 300 LF Siphon Cleaning
15-Inch to 18-Inch Diameter
1::-~ 5 kk-e_ V\. Dollars &
) ~. Cb $ CS , 4 (00 .cO 2..e {() Cents per LF $
20. 300 LF Siphon Cleaning
20-Inch to 24-Inch Diameter
E.-; §\A.4-efV\ Dollars &
$ ) ~ .OD OU -z_-e '(0 Cents per LF $ ~l "-l O 0
21. 1,000 LF Siphon Cleaning
27-Inch to 30-Inch Diameter
/ ·E-:~vl-k~~ Dollars &
2-erO Cents per LF $ ) i .00 $ I '6. oao .co
22. 2,000 LF Siphon Cleaning
33-Inch to 42-Inch Diameter
E ~~\t\-1-ef'"' Dollars &
-Z.-f oO Cents per LF $ 1~.00 $ 3 lo, oo 0 .00
Fort Worth Water Departnent Part B -Proposal Page 5 of JO 7/21/2009
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH
ITEM 'QUANTITY BID PRICES WRITTEN IN WORDS
23. 500 LF Siphon Cleaning
45-Inch to 48-Inch Diameter
~O(~ Dollars &
2-ec<) Cents per LF
24 . 300 LF Siphon Cleaning
54-Inch to 60-Inch Diameter
YO(~ Dollars &
-2-J? ro Cents per LF
25. 3 ,450 LF Sew er Line or Siphon Inspection b y
Sonar 15-Inch to 18-Inch Diameter
I WO Dollars &
-P-; +-±;) Cents per LF
26. 14 ,500 LF Sewer Line or Siphon Inspection b y
Sonar 20-Inch to 24-Inch Diameter
-w o l Doll ars &
f :+:3 Cents per LF
27 . 10,000 LF Sewer Line or Siphon Inspection by
Sonar 27-Inch to 30-Inch Diameter
lwo Dollars &
+: +-±j Cents per LF
Fo rt Worth Water Departnent Part B - Pro posal Page 6 of JO
$
UNIT
PRICE
YO .er;
$40.U)
$ ~.s=a
$ .:;. ru
$ o2 .\ 0
AMOUNT
BID
$9<0, o<OO .CD
$ I-:), 0<00 . <1)
$ ~, lt,.)-_s-.oO
$ 3/.tJ,J-~.co
$ ~( 000 .00
7/2 1/2009
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM •QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
28. 15,800 LF Sewer Line or Siphon Inspection by
Sonar 33-Inch to 42-Inch Diameter
-rwo Dollars &
:P ~~ Cents per LF $ d--~ $ i/1, soo .@
29. 5,500 LF Sewer Line or Siphon Inspection by
Sonar 45-Inch to 48-Inch Diameter
-} LA.JD Dollars &
-9 :~ Cents per LF $/).YD $ L?2,,ro.CXJ
30. 5,500 LF Sewer Line or Siphon Inspection by
Sonar 54-Inch to 60-Inch Diameter
~ou.r Dollars &
-z__-ero Cents per LF $ Lt .Ot) $ :;id ooo .CV
I
31. 2,600 LF Sewer Line Inspection by Sonar
66-Inch to 72-Inch Diameter
pou...r Dollars &
-z_.-e,O Cents per LF $ ~.00 $ 1 o, w O O < ou
32. 1,500 LF Sewer Line Inspection by Sonar
84-Inch to 96-Inch Diameter
f= ou.r Dollars &
7..:-e ,u Cents per LF $ 4.00 $ lo I ooo . a O
Fort Worth Water Departnent Part B -Proposal Page 7 of 10 7/21 /2009
PAY APPROXIMATE
ITEM •QUANTITY
TOTAL BID AMOUNT
DESCRIPTION OF ITEMS WITH
BID PRICES WRITTEN IN WORDS
UNIT
PRICE
11s-g:2-~.oo
In fi g ures $ V ; .
$ tx.. Y\ IA-II\. ll r-c__ cL +-' +-1---u,i--._y-,IA ti \A.J ~ ..._tf_
AMOUNT
BID
In words Y\.1N-V\W"l£(kd. iw tt ~ h'vC-Dollars and --ZerO Cents
NOTE:Bid quantities of various items in the proposal are for bid comparison onl y and may not
reflect the actual quantities (see Part C , General Conditions, Section C2-2
INTERPRETATION AND PREPARATION OF PROPOSAL, paragraph C2-2.2
INTERPRETATION OF QUANTITIES and Section C4-4 SCOPE OF WORK,
paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES). Moreo ver,
there is to be no limit on the variations between the estimated quantities shown
and actual quantities performed or used.
Fort Worth Wate r De partne nt Part B -Pro posal Page 8 of 10 7/2 1/2009
PART B-PROPOSAL (cont.)
Within ten (10) days after acceptance of this Proposal , the undersigned will execute the formal
contract and will deliver an approved Surety Bond and such other bonds as required by the Contract
Documents, for the faithful performance of the Contract. The attached bid security in the amount of
5% of the Total Amount Bid is to become the property of the City of Fort Worth, Texas, in the event
the contract and bond or bonds are not executed and delivered within the time frame set forth, as
liquidated damages for the delay and additional work caused thereby.
The undersigned bidder certifies that he has been furnished at least one set of the General Contract
Documents and General Specifications for Water Department Projects dated January 1, 1978, and
that he has read and thoroughly understands all the requirements and conditions of those General
Documents and the specific Contract Documents and appurtenant plans.
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractor or employment agency in either furnishing or referring employee
applicants to the undersigned are not discriminated against as prohibited by the terms of City
Ordinance No. 7278 as amended by City Ordinance No. 7400.
(Complete A or B below, as applicable:)
/ ___ A. The principal place of business of our company is in the State of /Jti~'
Nonresident bidders of the State of , our principal place of business,
are required to be percent lower than resident bidders by state law. A
copy of the statute is attached.
Nonresident bidders of the State of [WSS O()(j , our principal place of business,
are not required to underbid resident bidders.
___ B. The principal place of business of our company or our parent company or majority
owner is in the State of Texas.
The Bidder agrees to begin the work within ten (10) calendar days after issue of the work order, and
to substantially complete the contract within 365 calendar days after beginning the work as set forth
in the written work order to be furnished by the Owner.
I (we) acknowledge receipt of the following addenda to the plans and specifications , all of the
provisions and requirements of which have been taken into consideration on preparation of the
foregoing bid:
Addendum No. 1 (Initials) ___ _ Addendum No. 3 (Initials) ___ _
Addendum No. 2 (Initials) ___ _ Addendum No. 4 (Initials) ___ _
Fort Worth Water Departnent Part B -Proposal Page 9 of 10 7/2 1/2009
Respectfully Submitted
/}e£ 7.t-c t/£AtJ,~ ~
By~ ~ J;i,.icr.,.J
Title: 'g '£5 ll)AHIL f/1,Mff'f(_
Address: /st>'l S y /vA.IIA /tx;,J-
'fr&/ /J~1 /tt . ~IP
Telephone : .J/J-312 .. //IS
Fo rt Wo rth Water Departn ent Part B -Pro posal Page IOof l O 7/21/2009
PARTC
GENERAL CONDITIONS
PART Cl
SUPPLEMENTARY CONDITIONS
Cl-1
Cl -1.1
Cl-1.2
Cl-1.3
Cl -1. 4
Cl-1.5
Cl-1.6
Cl-1.7
Cl-1.8
Cl-1.9
Cl-1.10
Cl-1 .11
Cl-1.12
Cl-1.13
Cl-1 .14
Cl -1.15
Cl-1.16
Cl-1.17
Cl-1.18
Cl-1.19
Cl-1 .20
Cl-1 .2 1
Cl-1.22
Cl-1.23
Cl-1.24
Cl-1.2 5
Cl-1.26
Cl-1 .27
Cl-1.28
Cl-1 .29
Cl-1.30
Cl-1.31
Cl-1.32
C2-2
C2 -2 .1
C2 -2 .2
C2-2.3
C2-2.4
C2-2 .5
C2-2.6
C2-2 .7
C2 -2 .8
C2-2 .9
C2-2 .1 0
C2-2 .ll
PART C -GENERAL CONDITIONS
TAB LE OF CONTENTS
NOVEMB ER 1, 1987
TABLE OF CONTENTS
DEFIN I TIONS
Definition of Terms
Contract Documents
Not i ce to Bidders
Proposal
Bidder
General Conditions
Special Conditions
Specifications
Bond
Contract
Plans
City
City Council
Mayor
City Manager
City Attorney
Director of Public Works
Director, Ci t y Water Department
Engineer
Con t ractor
Sureties
The Work or Project
Working Day
Calendar Day
Legal Holiday
Abbreviations
Change Order
Paved Streets and Alleys
Unpaved Streets and Alleys
City Streets
Roadway
Gravel Street
INTERPRETATION AND PREPARATION OF
PROPOSAL
Pro posal Form
Interp r etat ion o f Quantities
Ex a mina t ion of Contra c t Doc u me nts
and Site
Submitting of Propo sal
Rejection of Proposals
Bid Security
Delive ry o f Prop osa l
Wit hd rawing Pro p o sa l s
Tel egra ph ic Modi f ic at ion of Proposals
Public Opening o f P r o p osals
Irregular Proposals
C 1-1 (I )
Cl-1 (1)
Cl -1 (1 )
Cl -1 (2)
Cl-1(2}
Cl -1 (2)
Cl-1(2 )
Cl-1 (2)
Cl-1 (2)
Cl-1(3)
Cl -1(3)
Cl -1(3)
Cl-1(3)
Cl -1 (3)
Cl-1 (3 )
Cl-1 (4)
Cl -1(4)
Cl-1 (4)
Cl-1 (4)
Cl-1(4)
Cl-1(4)
Cl -1 (4)
Cl -1(4)
Cl-1(5)
Cl-1(5)
Cl-1(5)
Cl -1 (5)
Cl-1(6)
Cl -1(6)
Cl-1(7 )
Cl-1(7 )
Cl-1 (7 )
Cl -1 (7 )
C2 -2 (1 )
C2-2 (2)
C2 -2 ( 2)
C2-2 (3)
C2 -2 ( 3)
C2 -2 ( 3)
C2-2(4)
C2-2 (4)
C2-2(4 )
C2 -2(4)
C2-2 (5)
C2-2.12
C3-3
C3-3.1
C3-3.2
C3-3.3
C3-3.4
C3-3.5
C3-3.6
C3-3.7
C3-3.8
C3-3.9
C3-3.10
~ C3-3 .ll
C3-3.12 , . ~ C3-3.13
C3-3 .14
C3-3.15
C4 -4
C4-4.1
C4-4.2
C4-4.3
C4-4.4
C4-4.5
C4-4.6
C4-4.7
' l
" , CS -5
CS-5.1
CS-5.2
CS-5 .3
CS-5.4
-CS-5.5
CS-5.6
CS-5 .7
CS-5 .8
CS-5.9
';, ~ CS-5.10
CS-5.11
CS-5.12
CS-5.13
C S -5.14
CS -5.15
CS-5.16
CS-5.17
CS-5 .18
C6 -6 .
~.
"
f -
Disqualification of Bidders
AWA RD OF EXE CUTION OF DO CUMENTS
Consideration of Proposals
Minority Business Enterprise/
Women-Owned Business Enterprise
Compliance
Equal Employment Provisions
Withdrawal of Proposals
Award of Contract •,
Return of Proposal Securities
Bonds
Execution of Contract
Failure to Execute Contract
Beginning Work
Insurance
Contractor's Obligations
Weekly Payroll
Contractor's Contract Administration
Venue
S COPE OF WORK
Intent of Contract Documents
Special Provisions
Increased or Decreased Quantities
Alteration of Contract Documents
Extra Work
Schedule of Operations
' {
Progress Schedules for Water and Sewer
Plant Facilities
CONTRO L OF WORK AND MATE RIALS
Authority of Engineer
_Conformity with Plans
Coordination of Contract Documents
Cooperation of Contractor
Emergency and/or Rectification Work
Field Office
Construction Stakes
Authority and Duties of Inspectors
Inspection
Removal of Defective and Unauthorized
Work
Substitute Materials or Equipment
Samples and Tests of Materials
Storage of Materials
Existing St r u c t u res a n d Utilities
Interruption o f Serv i c e
Mutual Responsibility of Co ntrac t o rs
Cleanup
Final Inspection
LEG AL RELATIONS AND PUBL I C
RESPONSIBILITY
Cl-I ( I )
\-
C2 -2 ( 5)
C3 -3 ( 1)
C3-3 (1)
C3 -3 ( 1)
C3 -3 ( 2)
C3 -3 ( 2)
C3-3(2)
C3 -3 ( 2)
C3-3 (4)
C3-3 (4)
C3-3 ( 4)
C3 -3 (4)
C3-3 (7)
C3 -3 ( 7)
C3 -3 ( 7)
C3 -3 ( 8)
C4-4(1)
C4-4(1)
C4-4(1)
C4-4(2)
C4-4(2)
C4-4(4)
C4-4(4)
CS-5(1)
CS-5(1)
CS-5(2)
C5-5 (2)
CS-5(3)
CS-5(3)
CS-5(3)
CS-5(4)
CS-5(5)
f, CS-5 (5)
CS-5(6)
CS -5 (6)
CS-5 (7)
CS-5(7)
CS-5 (8 )
CS-5 (9 )
CS -5 (9 )
CS -5 (9 )
...
,. ..
C6-6.1
C6-6.2
C6-6.3
C6-6.4
C6-6.5
C6-6.6
C6-6.7
C6-6.8
C6-6.9
C6-6.10
C6-6.ll
C6 -6 .12
C6 -6.13
C6-6 .14
C6-6.15
C6-6.16
C6-6.17
C6-6.18
C6-6 .19
C6-6.20
C6-6.21
C7-7
C7 -7.1
C7-7.2
C7-7 .3
C7-7 .4
,.. . C7-7.5
C7-7.6
C7-7.7
C7-7.8
C7 -7.9
C7-7.10
C7 -7.11
C7-7 .12
C7-7 .13
C7-7 .14
C7-7 .15
C7-7 .16
C7-7 .1 7
CS-8
CS-8 .1
CS-8.2
·CS -8.3
CS-8.4
C S -8 .5
Laws to be Observed
Permits and Licenses
Patented Devices, Materials and
Processes
Sanitary Provisions
Public Safety and Convenience
Privileges of Contractor in Streets,
Alleys, and Rights-of-Way
Railway Crossings
Barricades, Warnings and Watchmen
Use of Explosives, Drop Weight, etc.
Work Within Easements
Independent Contractor
Contractor's Responsibility for
Damage Claims
Contractor's Claim for Damages
Adjustment or Relocation of Public
Utilities, etc.
Temporary Sewer Drain Connections
Arrangement and Charges of Water
Furnished by City
Use of a Section or Portion of the Work
Contractor's Responsibility for Work
No Waiver of Legal Rights
Personal Liability of Public Officials
State Sales Tax
PROSECUTION AND PROG RES S
Subletting
Assignment of Contract
Prosecution of the Work
Limitations of Operati~ns
Character of Workmen and Equipment
Work Schedule
Time of Commencement and Completion
Extension of Time of Completion
Delays
Time of Completion
Suspension by Court Order
Temporary Suspension
Termination of Contract Due to National
Emergency
Suspension or Abandonment of the Work
and Annulment of Contract
Ful fi llment of Con tract
Termina t ion for Co nvenience of the Owner
Safety Methods and Practices
ME AS UR EME NT AND PAYMENT
Measurement of Quantities
Uni t Prices
Lump Sum
Scope of Payment
Partial Estimates and Reta i nage
Cl-I (I )
C6 -6 ( 1)
C6-6 ( 1)
C6 -6 ( 1)
C6 -6(2)
C6-6(2)
C6-6(3)
C6-6 (4)
C6 -6 ( 4)
C6-6(6)
C6-6(6)
C6 -6 ( 8 )
C6 -6 ( 9)
C6-6(9)
C6-6(10)
C6-6(10)
C6-6 (10)
C6-6(11)
C6-6(11)
C6-6(11)
C6-6(12)
C6-6(12)
C7-7 ( 1)
C7-7 (1)
C7-7 (1)
C7-7(2)
C7-7 (2)
C7-7(3)
C7-7(4)
C7-7(4)
C7-7(5)
C7-7(5)
C7-7(6)
C7-7 (6)
C7-7(7)
C7 -7 (8)
C7 -7 (10)
C7 -7 (10)
C7 -7 (13 )
CS-8 (1)
CS -8 (1 )
CS -8(1)
CS-8 (1 )
CS-8 (2)
I , •
C8-8.6
C8-8.7
C8-8.8
C8-8.9
C8-8.10
C8 -8.ll
C8 -8.12
CB-8.13
l •
,!
Withholding Pc;3.yment ·,
Final Acceptance
Final Payment
Adequacy of Design
General Guaranty
Subsidiary Work
Miscellaneous Placement of Material
Record Documents
'1'
-. '
Cl-1 DEFINTIONS
C8-8(3)
C8-8(3)
C8-8(3)
C8-8 (4)
CB-8(5)
C8-8(5}
C8-8(5}
C8-8(5)
SECTION Cl-1 DEFINITIONS
Cl-1.1 DEFINITIONS OF TERMS: Whenever in these Contract
Documents the following terms or pronouns in place of them are
used, the intent and meaning shal·l be understood and interpreted
as follows:
Cl-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of
drawn documents, such as specifications, bonds,
etc., which govern the terms and performance o f
These are qontained in the General Contract
the written and
addenda, plans,
the contract.
Documents and the Special Contrac t Documents.
a .
' . ~
GENERAL CONTRACT DOCUMENTS :
Docume nts g overn all Water
include the following items:
The General Contract
Department Projects and
PART A NOTICE TO BIDDERS (sample)
PART B PROPOSAL (sample)
PART C -GENERAL CONDITIONS (C ITY)
C l-1 ( I ) ' ''
" White
White
Canary Yellow
-
(Developer) Brown
PART D -SPECIAL CONDITIONS
PART E -SPECIFICATIONS
PERMITS/EASEMENTS
PART F -BONDS
PART G -CONTRACT
(Sample)
(Sample)
Green
El-White
E2-Goldenrod
E2A-White
Blue
White
White
b. SPECIAL CONTRACT DOCUMENTS: The Special Contract
Documents are prepared for each specific project as a
supplement to the General Contract Documents and
include the following items:
PART A -NOTICE TO BIDDERS (Advertisement) Same as
above
PART B -PROPOSAL (Bid)
PART C -GENERAL CONDITIONS
PART D -SPECIAL CONDITIONS
PART E SPECIFICATIONS
PERMITS/EASEMENTS
PART F -BONDS
C 1-1 (I)
..
PART G -CONTRACT
PART H -PLANS (Usually bound separately)
Cl-1.3 NOTICE TO BIDDERS: All of the legal publications either
actually pub _lished in public advertising mediums or furnished
directly to interested parties pertaining to the work
contemplated under the Contract Documents constitutes the Notice
to Bidders.
Cl-1.4 PROPOSAL : The completed written and signed offer or
tender of a bidder to perform the work which the Owner desires
to have done , together with the bid security, constitutes the
Proposal, which becomes binding upon the Bidder when it is
officially received by the Owner, has been publicly opened and
read and not rejected by the Owner.
Cl-1.5 BIDDER: Any person,
company , association, corporation,
duly authorized representative,
performing the work contemplated
constitutes a bidder.
persons, firm, partnership,
acting directly or through a
submitting a proposal for
under the Contract Documents,
Cl-1. 6 GENERAL CONDITIONS : The General Conditions are the
usual construction and contract requirements which govern the
performance of the work so that it will .be carried on in
accordance with the customary procedure, the local statutes, and
requirements of the City of Fort Worth's charter and promulgated
ordinances .
Wherever there may be a conflict between the General Conditions
and Special Conditions , the latter shall take precedence and
shall govern.
Cl-1.7 SPECIAL CONDITIONS: Special conditions are the specific
requirements which are necessary for the particular project
covered by the contract Documents and not specifically covered
in the General Conditions . When considered with the General
Conditions and other elements of the Contract Do c uments they
provide the information whi ch the Con tract o r and Owner should
have in order to gain a thorough knowledge of the project .
Cl-1. 8 SPECIFICATIONS : The Specifications are that section or
part of the Cont ra ct Documents whi ch sets forth in detail the
require'ments which must be met by all materials, construction,
workmanship, equipment and service s in order to r e nder a
completed and useful project. Whenever reference i s made to
C l-I (2)
-
.,. '
-
-
standard specifications , regulations, requirements, statutes,
etc., such referred to documents shall become a part of the
Contract Documents just as thought they were embodied therein.
C 1-1 . 9 BOND : The
security furnished
performance of the
bond or bonds are the writ ten guarantee or
by the Contractor for the prompt and faithful
contract and include the following:
a.
b .
C.
d.
Performance Bond (see paragraph C3-3.7)
Payment Bond (see paragraph C3-3.7)
Maintenance Bond (see paragraph C3-3.7)
Proposal or Bid Security ( see Special Instructions to
Bidders , Part a and C2-2.6)
Cl-1. 10 CONTRACT: The Contract is the formal signed agreement
between the Owner and the Contractor covering the mutual
understanding of the two contracting parties about the project
to be completed under the Contract Documents.
Cl-1.11 PLANS : The plans are the drawings or reproductions
therefrom made by the Owner's representative showing in detail
the location, dimension and position of the various elements of
the project, including such profiles, typical cross-sections,
layout diagrams, working drawings, preliminary drawings and such
supp l emental drawings as the Owner may issue to clarify other
drawings or for the purpose of showing changes in the work
hereinafter authorized by the Owner. The plans are usually
bound separately from other parts of the Contract Documents , but
they are a part of the Contract Documents just as though they
were bound therein.
Cl-1. 12 CITY: The City of Fort Worth, Texas , a municipal
corporation, authorized and chartered under the Texas State
Statutes, acting by and through its governing body or its City
Manager, each of which is required by charter to perform
specific duties. Responsibility for final enforcement of
Contracts involving the City of Fort Worth is by Charter vested
in the City Manager. The terms City and Owner are synonymous.
Cl-1. 13 CITY COUNCIL : The duly elected and qualified governing
body of the City o f Fort Worth, Texas.
Cl-1 .14 MAYOR: The officially elected Mayor, or in his absence,
the Mayor Pro tern of the City of Fort Worth, Texas.
Cl-I (3)
.. -
,-
.
~ . '
C :...:• ~,,, '":ir.? :: ~:
" .
Cl-1 .15 CITY MANAGER: The officially appointed and authorized
City Manager of the City of Fort Worth , Texas, or his duly
authorized representative .
Cl-1 .16 CITY ATTORNEY:
of the City of Fort
representative.
The officially appointed City Attorney
Worth, Texas, or his duly authorized
Cl-1.1 7 DIRECTOR OF PUBLIC WORKS : The duly appointed official
of the City of Fort Worth, referred to in the Charter as the
. ~ City Engineer, or his duly authorized representative .
. . ,
Cl-1.18 DIRECTOR, CITY WATER DEPARTMENT: The
Director of the City Water Department of the City
Texas, or his duly authorized representative ,
agents.
duly appointed
of Fort Worth,
assistant , or
Cl -1 . 19 ENGINEER: The Director of Public Works, the Director
their duly -----------of the Fort Worth City Water Department, or
authorized assistants,
superinten dents, a cting
duties entrusted ta them.
agents,
within
engineers,
the scope of
inspectors, or
the particular
,. .
Cl-1.20 CONTRACTOR: The person, persons , partnership , company,
firm, association, or corporation, entering into a contract with
the Owner for the execution of the work, acting directly or
through a duly authorized representative. A sub-contractor is a
person, firm corporation, or others under contract with the
principal contractor, supplying labor and materials or only
labor, f o r work at the site of the project . ..
Cl-1 .2 1 SURETIES: The Corporate bodies which are bound by such
bonds are required with and for the Contractor. The sureties
engaged are to be fully responsible for the entire and
satisfactory fulfillment of the Contract and for any and all
requirements as set forth in the Contract Documents and approved
changes therein .
Cl-1.22 THE WORK OR PROJECT: The comp leted work contemplated in
and covered by the Contract Documents, including but not l imited
to the furnishing of all labor , materials, tools, equipment, and
incidentals necessary to produce a completed and serviceable
project.
,,;
Cl-I (4)
j.
;I
,._
........
-
-
-
-
Cl-1.23 WORKING DAY: A working day is defined as a calendar
day, not including Saturdays, Sundays, and legal holidays , in
which the weather or other conditions not under the control of
the Contractor permit the performance of the principal unit of
work for a period of not less than seven (7) hours between 7:00
a. m. and 6 : O O p. m . , with except ions as permitted in paragraph
C7-7 .6.
Cl-1.24 CALENDAR DAYS: A calendar day is any day of the week or
month , no days being excepted.
Cl-1.25 LEGAL HOLIDAYS: Legal holidays shall
prescribed by the City Council of the City of
observance by City employees as follows:
be observed as
Fort Worth for
1. New Year 's Day January 1
2. M.L. King, Jr. Birthday Third Monday in January
3 . Memorial Day Last Monday in May
4 . Indep e ndence Day July 4
5 . Labor Day First Monday in September
6. Thanksgiving Day Fourth Thursday in November
7 . Thanksgiving Friday Fourth Friday in November
8. Christmas Day December 25
9 . Such other days in lieu of ho l idays as the City Council may
determine .
When one of the above named holidays or a special holiday
declared by the City Council , falls on Saturday , the holiday
shall be observed on the preceding Friday, or if it falls on
Sunday , it shall be observed on the following Monday by those
employees working on working day operations. Employees working
calendar day operations will consider the calendar holiday as
the holiday .
Cl-1.26 ABBREVIATIONS: Wherever the abbreviations defined
herein appear in Contract Documents, the intent and meaning
shall be as ~ollows :
AASHTO -American Association of State Highway Transportation
Official s
ASCE -
LA W -
AS A -
HI -
American Society of Civil Engineers
In Accordance With
A WW A -American Water Wo rks Association
American Standa rd s Ass o ciati o n
Hydraulic Institute
C l-I (5)
Asph. -Asphalt
Ave . -Avenue . ..
Blvd. Boulevard
CI -Cast Iron
CL-Center Line
GI -Galvanized Iron
Lin. Linear or Lineal
lb. -Pound
MH -Manhole
Max . -Maximum ' MOD -Million Gallons per Day
CFS -Cubic Foot per Second
Min. -' Minimum t:
Mono. Monolithic . f
% -Percent um l •
R -Radius
I.D. Inside Diameter
O.D. Outside Diameter
Elev . Elevation
F -Fahrenheit
C -Centigrade
In. Inch \,
Ft. -Foot ~
St. Street ~
CY -Cubic Yard ' '
Yd. -Yard <
SY -Square Yard
L.F. Linear Foot
D. I. Ductile Iron \
Cl-1.27 CHANGE ORDER: A "Change Order" is a written
supplemental agreement between the Owner and the Contractor
covering some added or deducted item or feature which may be
found necessary and which was not specifically included in the
scope of the project on which bids were submitted. Increase in
unit quantities stated in the proposal are not the subject
matter of a Change Order unless the increase or decrease is more
than 25% of the amount of the particular item or items in the
or iginal proposal.
All "Change Orders" shall be prepared by the City from
informati o n as necessary furnished by the Contractor.
Cl-1 .28 PAVED STREETS AND ALLEYS : A paved street or alley shall
be defined as a street or alley having one of the following
types of wearing surfaces applied over the natural unimproved
surface:
;
-"
' '
C l-I (6)
'i
-.
< -
-
-
-
-
-
-
-
-
·"'
1. Any type of asphaltic
separate base material.
concrete with or without
2. Any type of asphalt surface
an oiled surface, with or
material.
treatment,
without.
not including
separate base
3. Brick, with or without separate base material.
4. Concrete, with or without separate base material.
5. Any combination of the above.
Cl-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley,
roadway or other surface is any area except those defined above
for "Paved Streets and Alleys."
Cl-1.30 CITY STREETS: A city street is defined as that area
between the right-of-way lines as the street is dedicated.
Cl-1.31 ROADWAY: The roadway is defined as the area between
parallel lines two (2') feet back of the curb lines or four (4')
feet back of the average edge of pavement where no curb exists.
Cl-1.32 GRAVEL STREET: A gravel street is any unpaved street to
which has been added one or more applications of gravel or
similar material other than the natural material found on the
street surface before any improvement was made.
C 1-1 (7)
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SECTION C-GENERAL CONDITIONS
C2-2 INTERPRETATION AND
PREPARATION OF PROPOSAL
SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL
C2-2.l PROPOSAL FORM: The Owner will furnish bidders with
proposal forms which will contain an itemized list of the items
of work to be done or materials to be furnished and upon which
bid prices are requested. The Pro posal form will state the
Bidder's general understanding of the project to be completed,
provide a space for furnishing the amount of bid security, and
state the basis for entering into a formal contract. The Owner
will furnish forms for the Bidder's "Experience Record,"
"Equipment Schedule," and "Financial Statement," all of which
must be properly executed and filed with the Director of the
City Water Department one week prior to the hour for opening of
bids.
The financial statement required shall have been prepared by an
independent certified public accountant or an independent public
accountant holding a valid permit issued by an appropriate state
licensing agency, and shall have been so prepared as to reflect
the current financial status. This statement must be current
and not more than one (1) year old. In the case that a bidding
· date falls within the time a new statement is being prepared,
the previous statement shall be updated by proper verification.
Liquid assets in the amount of ten (10%) percent of the
estimated project cost will be required.
For an experience record to be considered to be acceptable for a
given project, it must reflect the experience of the firm
seeking qualification in work of both the same nature and
magnitude as that of the project for which bids are to be
received. Such experience must have been on projects completed
not more than five (5) years prior to the date on which bids are
to be received. The Director o f the Water Department shall be
sole judge as to the acceptabi lity of experience for
qualification to bid on any Fo rt Wo rth Water Department project .
The pro spective bidder shall schedu le the equipment he has
available for the project and state that he will rent such
additional equipment as may be required to comp l ete the project
o n which he submits a bid.
C2-2 ( I )
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C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and
materials to be furnished as may be listed in the proposal forms
or other parts of the Contract Documents will be considered as
approximate only and will be used for the purpose of comparing
bids on a uniform basis. Payment will be made to the Contractor
for only the actual quantities of work performed or materials
furnished in strict accordance with the Contract Documents and
Plans. The quantities of work to be performed and materials to
be furnished may be increa~ed or decreased as hereinafter
provided, without in any way invalidating the unit prices bid or
any other requirements of the Contract Documents.
C2 -2 . 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT:
Bidders are advised that the Contract Documents on file with the
Owner shall constitute all . of the information which the Owner
will furnish . All additional information and data which the
owner will supply after promulgation of the formal contract
documents shall be issued in the form of written addenda and
shall become part of the Contract Documents just as though such
addenda were actually written into the original Contract
Documents.
Prior to the filing of proposal, bidders are required to read
and become familiar with the Contract Documents, to visit the
site of the project and examine carefully all local ~onditions,
to inform themselves by their own independent research and
investigations, tests, boring, and by such other means as may be
necessary, to gain a complete knowledge of the conditions which
will be encountered during the construction of the project.
They must judge for themselves the difficulties of the work and
all attending circumstances affecting the cost of doing the work
or the time required for its completion, and obtain all
information required to make an intelligent proposal. No
information given by the Owner or any representative of the
Owner other than that contained in the Contract Documents and
officially promulgated addenda thereto, shall be binding upon
the Ow ner . Bidders shall rely exclusively and solely upon their
own estimates, investigation, research, tests, explorations, and
other data whi ch are n e cessary for full and complete information
upon which the proposal is to be based . It is mutually agreed
that the submission of a proposal in pr i ma-facie evidence that
the bidder has made the investigations, examinations -and tests
herein required. Claims for additional compensation due to
variations between conditions actually encountered in
construction and a s indicated in the Contrac t Documents will not
be all o wed.
C2 -2 (2)
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The logs of Soil Borings, if any, showing on the plans are for
general information only and may not be correct. Neither the
Owner nor the Engineer guarantees that the data shown is
representative of conditions which actually exist.
C2 -2 . 4 . SUBMITTING OF PROPOSAL: The bidder shal 1 submit his
Proposal on the form furnished by the Owner. All blank spaces
applicable to the project contained in the form shall be
correctly filled in and the bidder shall state the prices,
written in ink in both words and numerals, for which he proposes
to do the work contemplated or furnish the materials required.
All such prices shall be written legibly. In case of
discrepancy between the price written in words and the price
written in numerals, the price most advantageous to the City
shall govern.
If a proposal is submitted by an individual, his or her name
must be signed by his (her) duly authorized agent. If a
proposal is submitted by a firm, association, or partnership,
the name and address of each member must be given, and the
proposal must be signed by a member of the firm association, or
partnership, or by a person duly authorized. If a proposal is
submitted by a company or corporation, the company or corporate
name and business address must be given, and the proposal signed
by an official or duly authorized agent. The corporate seal
must be affixed. Power of Attorney authorizing agents or others
to sign proposal must be properly certified and must be in
writing and submitted with the proposal.
C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if
they show any alteration of words or figures, additions not
called for, conditional or uncalled for alternate bids,
incomplete bids, erasures, or irregularities of any kind, or
contain unbalanced values of any i terns. Proposals tendered or
delivered after the official time designated for receipt of
proposals shall be returned to the Bidder unopened.
C2-2.6 BID SECURITY: No proposal will be considered unless it
\ is accompanied by a "Proposal Security" of the character and in
the amount indicated in the "Notice to Bidders" and the
"Proposal." The Bid Security is required by the Owner as
evidence of good faith on the part of the Bidder, and by way of
a guaranty that if awarded the contract, the Bidder will within
the required time execute a formal contract and furnish the
required performance and other bonds. The bid security of the
C2 -2 (J)
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three lowest bidders will be retained until
awarded or other disposition is made thereof.
of all other bidders may be returned promptly
of bids .
the contract is
The bid security
after the canvass
C2-2. 7 DELIVERY OF PROPOSALS: No proposal will be considered
unless it is delivered, accompanied by its proper Bid Security,
to the City Manager or his representative in the official place
of business as set forth in the "Notice to Bidders ." It is the
Bidder's sole responsibility to deliver the proposal at the
proper time to the proper place . The mere fact that a proposal
was dispatched will not be considered. The Bidder must have the
proposal actually delivered. Each proposal shall be in a sealed
envelope plainly marked with the word "PROPOSAL" and the name of
description of the project as designated in the "Notice to
Bidders ." The envelope shall be addressed to the City Manager,
City Hall, Fort Worth, Texas .
C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the
City Manager cannot be withdrawn prior to the time set for
opening proposals. A request for non-consideration of a
proposal must be made in writing, addressed to the City manager,
and filed with him prior to the time set for the opening of
proposals. After all proposals not requested for non-
consideration are opened and publicly read aloud, the proposals
for which non-consideration requests have been properly filed
may, at the option of the Owner, be returned unopened.
C2 -2. 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: any bidder may
modify his proposal by telegraphic communication at any time
prior to the time set for opening proposals, provided such
telegraphic communication is received by the City Manager prior
to the said proposal opening time, and provided further, that
the City Manager is satisfied that a written and duly
authenticated confirmation of such telegraphic communication
over the signature of the bidder was mailed prior to the
proposal opening time. If such confirmation is not received
within forty-eight ( 48) hours after the proposal o pening time,
no further consideration will be given to the proposal.
C2-2 .1 0 PUBLIC OPENING OF PROPOSAL: Proposals which have been
properly filed and for which no "N on-consideration Request" has
been received will be publicly opened and read aloud by the City
Manager or his authorized representative at the time and place
indicated in the "Notice to Bidders." All proposals which have
been opened and read will remain on file with the owner until
C2 -2(4)
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the contract has been awarded.
representatives are invited to be
bids.
Bidders
present
or
for
their
the
authorized
opening of
C2-2.ll IRREGULAR PROPOSALS: Proposals shall be considered as
being "Irregular" if they show any omissions, alterations of
form, additions, or conditions not called for, unauthorized
alternate bids, or irregularities of any kind. However, the
Owner reserves the right to waive any and all irregularities and
to make the award of the contract to the best interest of the
City. Tendering a proposal after the closing hour is an
irregularity which cannot be waived.
C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be
disqualified and their proposals not considered for any of, but
not limited to, the following reasons:
a. Reasons for believing that collusion exists among
bidders.
b.
c.
d.
e.
f.
g.
h.
Reasonable grounds for believing that any bidder is
interested in more than one proposal for work
contemplated.
The bidder being interested in any litigation against
the Owner or where the Owner may have a claim against
or be engaged in litigation against the bidder.
The bidder being in arrears on any existing contract
or having defaulted on a previous contract.
The bidder having performed a prior contract in an
unsatisfactory manner.
Lack of competency as revealed by the financial
statement, experience record, equipment schedule, and
such inquiries as the Owner may see fit to make.
Uncompleted work which, in the judgment of the Owner,
will prevent or hinder the prompt completion of
additional work if awarded.
The bidder not filing with the Owner, one week in
advance of the hour of the opening of proposals the
following:
1. Financial Statement showing the financial
condition of the bidder as specified in Part "A"
-Special Instructions.
2. A current experience record showing especially
the projects of a nature similar to the one under
consideration, which have been successfully
completed by the Bidder.
C2-2 (5)
3 . An equipment schedule showing the equipment the
bidder has available for use o n the project.
The Bid Proposal of a
Engineer, is disqualified
shall be set aside and not
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bidder who, in the judgment
under the requirements stated
opened.
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C2-2 (6)
of the
herein,
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PART C-GENERAL CONDITIONS
C3-3 AWARD AND EXECUTION OF
DOCUMENTS
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SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS
C3 -3. 1 CONSIDERATION OF PROPOSALS: After proposals have been
opened and read aloud, the proposals will be tabulated on the
basis of the quoted prices, the quantities shown in the
proposal, and the application of such formulas or other methods
of brining items to a common basis as may be established in the
Contract Documents.
The total obtained by taking the sum of the products of unit
prices quoted and the estimated quantities plus any lump sum
items and such other quoted amounts as may enter into the cost
of the completed project will be considered as the amount of the
bid.
Until the award of the contract is made by the Owner, the right
will be reserved to reject any or all proposals and waive
technicalities, to re-advertise for new proposals, or to proceed
with the work in any manner as may be considered for the best
interest of the Owner.
C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS
ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner,
upon request, complete and accurate information regarding actual
work performed by a Minority Business Enterprise (MBE) an/or a
Woman-Owned Business Enterprise (WBE) on the contract and the
payment therefore. Contractor further agrees, upon request by
Owner, to allow an audit and/or an examination of any books,
records, or files in the possession of Contractor that will
substantiate the actual work performed by the MBE or WBE. Any
material misrepresentation of any nature will be grounds for
termination of the contract and for initiating any action under
appropriate federal, state or local laws and ordinances relating
to false statements; further, any such misrepresentati o n may be
grounds f o r disqualificati o n o f Co ntra cto r at Owner's discreti o n
f or bidding o n future contra c ts with the Owner f o r a per iod o f
time o f n o t less than six (6) mo nths.
C3-3.3 EQUAL EMPLOYMENT PROVISI ONS: The Co ntract o r shall c o mply
with curr ent City Ordinance prohibiting discrimination in
empl oyme nt practi c es. The Co ntra c t o r shal l post the required
C3-3 (1)
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notice to that effect on the project site, and at his request,
will be provided assistance by the City o f Fort Worth's Equal
Employment Officer who will refer any qualified applicant he may
have on file in his office to the Contractor. Appro priate
notices may be acquired from the Equal Employment Officer.
C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read
by the Owner it c annot be withdrawn by the Bidder within forty-
five (45) days after the date -on which the proposals were
opened.
C3 -3. 5 AWARD OF CONTRACT: The Owner reserves the right to
withhold final action on the proposals for a reasonable time,
not to exceed forty-five (45) days after the date of opening
proposals, and in no event will an award be made until after
investigations have been made as to the responsibility of the
proposed awardee.
The award of the contract, if an award is made, will be to the
lowest and best responsible bidder.
The award of the contract shall not become effective until the
Owner has notified the Contractor in writing of such award.
C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price
totals have been determined for comparison of bids, the Owner
may, at its discretion, return the proposal security which
accompanied the proposals which, in its judgment, would not be
considered for the award. All other proposal securities,
usually those of the three lowest bidders, will be retained by
the owner until the required contract has been executed and bond
furnished or the Owner has otherwise disposed of the bids, after
which they will be returned by the City Secretary.
C3 -3. 7 BONDS: With the execution and deli very of the Contract
Documents, the Contractor shall furnish to, and file with the
Owner in the am o unts herein required, the following b o nds:
a . PERFORMANCE BOND: A g o od and suff i cient p erf ormanc e
b ond in a n amoun t no t le s s than 100 percent o f the
amount o f the contract , as eviden ced b y the p r o p o s al
and t abulation o r o t h erw ise , guaranteeing the f ul l and
f a ithfu l execution o f t h e work and per f ormanc e o f the
contrac t, a nd f o r t h e pro t ection o f t he Own er a nd a l l
o the r pe r s on s aga inst d a ma ge by r eas o n o f n eglige nce
o f t h e Cont rac t or , o r i mp rop er execu t i on o f t h e wo r k
C3-3 (2)
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b. or the use of inferior materials. This performance
bond shall guarantee the payment for all labor,
materials, equipment, supplies, and services used in
the construction of the work, and shall remain in full
force and effect until provisions as above stipulated
are accomplished and final payment is made on the
project by the City.
c. MAINTENANCE BOND: A good and sufficient maintenance
bond, in the amount of not less than 100 percent of
the amount of the contract, as evidenced by the
proposal tabulation or otherwise, guaranteeing the
prompt, full and faithful performance of the general
guaranty which is set forth in paragraph CB-8.10.
d. PAYMENT BOND: A good and sufficient payment bond, in
an amount not less than 100 percent of the amount of
the contract, as evidenced by the proposal tabulation
or otherwise, guaranteeing the prompt, full and
faithful payment of all claimants as defined in
Article 5160, Revised Civil Statutes of Texas, 1925,
as amended by House Bill 344 Acts 56 t h Legislature ,
Regular Session, 1959, effective April 27 , 1959,
and/or the latest version thereof, supplying labor and
materials in the prosecution of the work provided for
in the contract being constructed under these
specifications. Payment Bond shall remain in force
until all payments as above stipulated are made.
e. OTHER BONDS : Such other bonds as may b~ required by
these Contract Documents shall be furnished by the
Contractor.
No sureties will be accepted by the Owner which are at the time
in default or delinquent on any bonds or which are interested in
any litigation against the owner. All bonds shall be made on
the forms furnished by the Owner and shall be executed by an
approved surety company d o ing business in the City of Fort
~ Worth, Texas, and which is acceptable t o the owner . In order to
be ac c eptable, the name of the surety shall be inc luded o n the
c urrent U .S . Tr e asu r y list o f a c cept a bl e sureties, and the
a mo unt o f b o nd written by any o ne acce ptable company s h all not
e x ce ed t he amount shown on the Treasury Lis t for that company.
Each b o nd shall be pro perly executed by both the Contractor and
the Surety Company .
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Should any surety on the contract be determined unsatisfactory
at any time by the Owner, notice will be given the Co ntractor to
that effect and the Contractor shall immediately provide a new
surety satisfactory to the Owner. No payment will be made under
the contract until the new surety or sureties, as required, have
qualified and have been accepted by the Owner. The . contract
shall not be o perative nor will any payments be due or paid
until approval of the bonds by the Owner.
C3 -3. 8 EXECUTION OF CONTRACT: Within ten ( 10) days after the
Owner has by appropriate resolution, or otherwise, awarded the
contract, the Contractor shall execute and file with the Owner
the Contract and such bonds as may be required in the Contract
Documents .
C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee
to execute the required bond or bonds or to sign the required
contract within ten ( 10) days after the contract is awarded
shall be considered by the Owner as an abandonment of his
proposal, and the Owner may annul the Award. By reason of the
uncertainty of the market prices of material and labor, and it
being impracticable and difficult to accurately determine the
amount of damages occurring to the Owner by reason of said
awardee's failure to execute said bonds and contract within ten
(10) days, the proposal security accompanying the proposal shall
be the agreed amount of damages which Owner will suffer by
reason of such failure on the part of the Awardee arid shall
thereupon immediately be forfeited to the Owner.
The filing of a proposal will be considered as an acceptance of
this provision by the Bidder.
C3-3.10 BEGINNING WORK : The Contractor shall not commence work
until authorized in writing to do s o by the Owner . Should the
Contractor fail to commence work at the site of the project
within the time stipulated in the written autho rizati o n u sually
t ermed the "Work Order" or "Proceed Order", i t is agreed that
t he surety Co mpany will, wi th i n t en 91 0) d ays aft er the
commenceme n t d ate s et f o r t h in such wr i t t en authori za t i on ,
comm e nce the p h y s ical execution o f the contrac t .
CJ-3 .1 1 IN S URANC E:
thi s contract unt il
under t he Co nt rac t
approved by the
Th e Co nt rac t o r shall not commence work under
h e ha s o b tained a l l t h e i ns urance required
Do c um e nt s, and s uc h i n sura n ce ha s be e n
Owne r. The p r ime Co n t ra c t or shall be
C3 -3 ( 4)
responsible for delivering to the Owner the sub-contractor's
certifica·te o f ins_urance for approval. The prime contractor
shall indicate of the certificate of insurance included in the
documents for execution whether or not his insurance covers sub -
contractors. It is the intention of the Owner that the
fi insurance coverage required herein shall include the coverage of
all sub-contractors.
a .
b.
c.
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COMPENSATION INSURANCE: The Contractor shall
maintain, during the life of this con tract, Workers'
Compensation Insurance on all of his employees to be
engaged in work on the project under this contract,
and for _ all sub-contractors. In case any class of
employees engaged in hazardous work on the project
under this contract is not protected under the
Workers' compensation Statute, the Contractor shall
provide adequate employer's general liability
insurance for the protection of such of his employees
not so protected .
COMPREHENSIVE GENERAL LIABILITY INSURANCE: The
Contractor shall procure and shall maintain during the
life of this contract Contractor's Comprehensive
General Liability Insurance (Public Liability and
Property Damage Insurance) in an amount not less than
$500,000 covering each occurrence on account of bodily
injury, including death, and in an amount not less
than $500,000 covering each occurrence on account of
property damage with $2,000,000 umbrella policy
coverage.
ADDITI ONAL LIABILITY: The Contractor shall furnish
insurance as separate policies or by additional
endorsement to one of the above-mentioned policies,
and in the amoun_t as set forth for public liability
and property damage, the following insurance:
1.
2 .
3 .
4.
5.
6 .
Contingent Liability (covers General Contractor's
Liability for acts of sub-contractors).
Blasting, pri or to any blasting being done.
Collapse o f buildings or structu res adjacent to
excavation (if excavations are to be pe rf ormed
adja c ent to same).
Damage to underground utilities for $5 00 ,000 .
Builder's risk (where above-ground structures are
involved).
Contractual Liabili ty (covers a ll indemnification
requirements o f Co nt ract).
c.,-J (5)
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AUTOMOBILE INSURANCE BODILY INJURY AND PROPERTY
DAMAGE: The Contractor shall procure and maintain,
during the life of this Con t ract, Comprehensive
Automobile Liability insurance in an amount not less
than $250,000 for injuries including accidental death
to any one person and subject to the same 1 imi t for
each person an amount not less than $500,000 on
account of one accident, and automobile property
damage insurance in an amount not less than $100,000.
SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance
required under the above paragraphs shall provide
adequate protection for the Contractor and his sub-
contractors, respectively, against damage claims which
may arise from operations be by the insured or by
anyone directly or indirectly employed by him, and
also against any of the following special hazards
which may be encountered in the performance of the
Contract.
PROOF OF CARRIAGE OF INSURANCE: The Contractor shall
furnish the Owner with satisfactory proof of coverage
by insurance required in these Contract Documents in
amounts and by carriers satisfactory to the Owner .
(Sample attached.} All insurance requirements made
upon the Contractor shall apply to the sub-contractor,
should the Prime Contractor's insurance not cover the
sub-contractor's work operations.
LOCAL AGENT FOR INSURANCE AND BONDING: The insurance
and bonding companies with wh o m t h e Contractor's
.insurance and performance, payment, maintenance and
all such other bonds are written shall be represented
by an agent or agents having an office located within
the city limits of the City of Fort Worth, Tarrant
County, Texas. Each such agent shall be a duly
qualified agent, o ne upon whom service of process may
be had, and must have authority and power to act on
behalf of the insurance and/or bonding company to
negotiate and settle with the City of Fort Worth, or
C3 -3 (6)
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any other claimant, any claims that the City of Fort
Worth or other claimant or any property owner who has
been damaged, may have against the Contractor ,
insurance, and/or bonding company . If the local
insurance representative is not so empowered by the
insurance or bonding companies, then such authority
must be vested in a local agent or claims officer
residing in the Metroplex (the Fort Worth-Dallas
area.) The name of the agent or agents shall be set
forth on all of such bonds and certificates of
insurance.
C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the
Contractor shall pay for all materials, labor and services when
due .
C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll
covering payment of wages to all person engaged in work on the
project at the site of the project shall be furnished to the
Owner 's representative within seven (7) days after the close of
each payroll period . A copy or copies of the applicable minimum
wage rates as set forth in the Contract Documents shall be kept
posted in a conspicuous place at the site of the project at all
times during the course of the Contract. Cop i es of the wage
rates will be furnished the Contractor, by the Owner; however,
posting and protection of the wage rates sha ll be the
responsibility of the Contractor .
C3 -3. 14 CONTRACTOR'S CONTRACT ADMINISTRATION : Any Contractor,
whether a person, persons , partnership , company, firm
association, corporation or other who is approved t o do business
with and enters into a contract with the City for construction
of water and/or sanitary sewer facilities, will have or shall
establish a fully operational business office within the Fort
Worth-Dallas metropolitan area. The Contractor shall charge,
delegate, or assign this office (or he may delegate his Project
Superintendent) with full authority to transact all business
actions required in the performance of the Contract. This local
authority shall be made responsible to act for the Contractor in
all matters pertaining to 'the work governed by the Contract
whether it be administrative or otherwise and as such shall be
empowered, thus delegated and directed, to settle all material,
labor or other expenditures, all claims against the work or any
other matter associated such as maintaining adequate and
appropriate insurance or security coverage for the project .
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C3 -3 (7)
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Such local authority for administration of the work under the
Contract shall be maintained until all business transactions
executed as part of the Contract are complete.
Should the Contractor's principal base of operations be other
than in the Fort Worth-Dallas metropolitan area, notification of
the Contractor's assignment of local authority shall be made in
writing to the Engineer in advance of any work on the project,
appropriately signed and sealed, as applicable, by the
Contractor's responsible officers with the understanding that
this written assignment of authority to a local representative
shall become part of the project Contract as though bound
directly into the project documents. The intent of these
requirements is that all matters associated with the
Contractor's administration, whether oriented in furthering the
work, or other, are governed directly by local authority . This
same requirement is imposed on insurance and surety coverage .
Should the Contractor's local representative fail to perform to
the satisfaction of the Engineer, the Engineer, at his sole
discretion, may demand that such local representative be
replaced and the Engineer may, at his sole discretion, stop all
work until a new local authority satisfactory to the Engineer is
assigned. No credit bf working time will be for periods in
which work stoppages are in effect fort his reason.
C3-3.15 VENUE: Venue of any action herein shall be exclusively
in Tarrant County, Texas.
C3-3 (8)
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SECTIO N C4-4 SC OPE OF WO RK
PART C-GENERAL CONDITIONS
C4-4 SCOPE OF WORK
C4 -4.l INTENT OF CONTRACT DOC UMENTS: It is the definite
intention o f t hese Contract Do cum en ts to pro vide fo r a
compl e te, usefu l pro j ect which t h e 'con tractor undertakes to
construct o r furnish, all in full complianc e with the
requirements and intent of the Cont ract Document s. It is
definitely understood that the Con t ract o r shall d o a ll wo rk as
provided for in the Contract Do c umen t s, shall do all e x tra of
special work as may be considered b y the Owner as ne c essary to
complete the project in a satisfac t o ry and acceptable manner.
The Contractor shall, unless otherwise specif i cally stated in
these Contract Documents, furnish all l ab o r, tools, materials,
machinery, equipment, special services, and incidentals
necessary to the prosecution and completion of the project.
C4 -4.2 SPECIAL PROVISIONS: Should any work or conditions which
are not thoroughly and satisfactorily stipulated or covered by
General or Special Conditions of these Contract Documents be
anticipated, or should there be any additional proposed work
which is not covered by these Contract Do cuments, then "special
Provisions: covering all such work will be prepared by the Owner
prev i ous to the time of receiving bids o r proposal for such work
and furnished to the bidder in the form of Addenda. All such
"Special Provisions" shall be considered to be a p art of the
Contract Documents just as though they were originally written
therein.
C 4-4. 3 INCREASED OR DECREASED QUANTITIES: The Owner reserves
the right to alter the quantities o f the wo rk to be performed or
to e x tend o r shorten the improveme nts a t any time when a nd if
found to be ne c essary, and the Co nt r a ctor s hall perf o rm the work
as altered, increased or d ec reased at t he unit pri c es. Su c h
inc reased or d ecreased quantity sha l l no t be more than 2 5
p e r cent o f the contemp lat ed qua ntit y o f suc h i tern or i terns.
When such change s i nc r e a se or d e crease the or i gin al qua n tity of
any i tem or items of work to be done or materials to be
furnishe d by 25 percent or more, then either party to the
contract shall u p on wr itten reques t to the other party be
enti tled to a rev i s ed con s i derat i o n u p on t hat po r tion o f t h e
work above o r b e l o w t h e 25 percent of the or i ginal quant i ty
stated i n the p r opos a l ; s u ch revised cons idera t ion to b e
C4-4 (I )
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determined by special agreement or as hereinafter provided
"Extra Work." No allowance will be made for any changes
anticipated profits nor shall such changes be considered
waiving or invalidating any conditions or provisions of
Contract Documents .
for
in
as
the
Variations in quantities of sanitary sewer pipes in depth
categories, shall be interpreted herein as applying to the
overall quantities or sanitary sewer pipe in each pipe size, but
not to the various depth categories .
C4-4. 4 ALTERATION OF CONTRACT DOCUMENTS : By Change Order, the
Owner reserves the right to make such changes in the Contract
Documents and in the character or quantities of the work as may
be necessary or desirable to insure completion in the most
satisfactory manner, provided such changes do not materially
alter the original Contract Documents or change the general
nature of the project as a whole . Such changes shall not be
considered as waiving or invalidating any condition or provision
of the Contract Documents .
C4-4 . 5 EXTRA WORK: Additional work made necessary by changes
and alterations of the Contract Documents or of quantities or
for other reasons for which no prices are provided in the
Contract Documents, shall be defined as "Extra Work" and shall
be performed by the Contractor in accordance with these Contract
Documents or approved additions thereto; provided, however, that
before any extra work is begun a "Change Order" shall be
executed or written order issued by the Owner to do the work for
payments or credits as shall be determined by one or more
combination of the following methods:
a. Unit bid price previously approved.
b. An agreed lump sum.
C. The actual reasonable cost of ( 1) labor, ( 2) rental of
equipment used on the extra work for the time so used at
Associated General Contractors of America current equipment
rental rates, ( 3) materials entering permanently into the
project, and (4) actual cost of insurance, bonds, and
social security as determined by the Owner, plus a fixed
fee to be agreed upon but not t o exceed 10% of the actual
cost of such extra work. The fixed fee is not to include
any additional profit to the Contractor for rental of
equipment owned by him and used for the extra work. The
C4-4 (2)
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d. fee shall be full and complete compensation to cover the
cost of superintendence, overhead, other profit, general
and all other expense not included in (1), (2), (3), and
(4) above. The Contractor shall keep accurate cost records
on the form and in the method suggested by the Owner and
shall give the Owner access to all accounts, bills,
vouchers, and records relating to the Extra Work.
No "Change Order" shall become effective until it has been
approved and signed by each of the Contracting parties.
No claim for Extra Work of any kind will be allowed unless
ordered in writing by the Owner. In case any orders or
instructions, either oral or written, appear to the Contractor
to involve Extra Work for which he should receive compensation,
he shall make written request to the engineer for written orders
authorizing such Extra Work, prior to beginning such work.
Should a difference arise as to what does or does not constitute
Extra Work or as to the payment thereof , and the Engineer
insists upon its performance, the Contractor shall proceed with
the work after making written request for written orders and
shall keep an accurate account of the actual reasonable cost
thereof as provided under method ( Item C) . Claims for extra
work will not be paid unless the Contractor shall file his claim
with the Owner within five (5) days before the time for making
the first estimate after such work is done and unless the claim
is supported by satisfactory vouchers and certified payrolls
covering all labor and materials expended upon the said Extra
Work.
The Contractor shall furnish the Owner such installation records
of all deviations from the original Contract Documents as may be
necessary to enable the Owner to prepare for permanent record a
corrected set of plans showing the actual installation.
The compensation agreed upon for "extra work" whether or not
initiated by a "change order" shall be a full, complete and
final payment for all costs Contractor incurs as a result or
relating to the change or extra work, whether said costs are
known, unknown, foreseen or unforeseen at that time, including
without limitation, any costs for delay, extended overhead,
ripple or impact cost, or any other effect on changed or
unchanged work as a result of the change or extra work.
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C4-4 (3)
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C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under
this contract, the Contractor shall submit to the Owner and
receive the Owner's approval thereof, a "Schedule of
Operations," showing by a straight line method the date of
commencing and finishing each of the major elements of the
contract. There shall be also shown the estimated monthly cost
of work for which estimates are to be expected. There shall be
presented also a composite graph showing the anticipated
progress of construction with the time being plotted
horizontally and the percentage of completion plotted
vertically. The progress charts shall be prepared on 8 ~ " X
11" sheets and at least five black of blue line prints shall be
furnished to the Owner.
C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES:
Within Ten (10) days prior to submission of first monthly
progress payment, the Contractor shall prepare and submit to the
Owner for approval six copies of the schedule in which the
Contractor proposes to carry on the work, the date of which he
will start the several major activities ( including procurement
of materials, plans, and equipment) and the contemplated dates
for completing the same. The schedule shall be in the form of a
time schedule Critical Path Method (CPM) network diagram. As
the work progresses, the Contractor shall enter on the diagram
the actual progress at the end of each partial payment period or
at such intervals as direc~ed by the Engineer. The Contract6r
shall also revise the schedule to reflect any adjustments in
contract time approved by the Engineer. Three copies of the
updated schedule shall be delivered at such intervals as
directed by the Owner.
As a minimum, the construction schedule shall incorporate all
work elements and activities indicated in the proposal and in
the technical specifications .
Prior to the final drafting of the detailed construction
schedule, the contractor shall review the draft schedule with
the Engineer to ensure the Contractor's understanding of the
c o ntract requirements.
The foll o wing guidelines shall be adhered to in preparing t he
c o nstruction schedule:
a. Milestone dates and final proj ect completion dates
shall be developed to conform to time constraints,
sequencing requirements and c o mpleti o n time .
C4-4 (4)
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b. The construction process shall be divided into
activities with time durations .of approximately
fourteen (14) ~ays and construction values not to
exceed $50,000 . Fabrication, delivery a :q.d submittal
activities are exceptions to this guideline.
C. Durations shall be in calendar days and no r mal
holidays and weather conditions over the duration of
the contract shall be accounted for within the
duration of each activity.
d. One c ritical path shall be shown on the construction
schedule.
e. Float time is defined as the amount of time between
the earliest start date and the latest start date of a
chain of activities of the CPM construction schedule.
Float time is not for the exclusive use or benefit of
either the Contractor or the Owner.
f. Thirty days shall be used for submittal review unless
otherwise specified.
The construction schedu le shall , as a minimum, be divided into genera l catt:gor ies as indicated in
the Proposal and Technical Specifications and each general category shall be broken down into
activities in enough detail to achieve activities of approximately fourteen( 14) days ' durat ion.
For each general category, the construction schedule shall
identify all trades or subcontracts whose work is represented by
activities that follow the guidelines of this Section .
For each of the trades or subcontracts , the construction
schedule shall indicate the following procurements, construction
and pre-acceptance activities and events in their log ic al
sequence for equipment and materials .
1. Preparation and transmittal o f submittals.
2 . Submittal r e view periods.
3. Shop fabrication and delivery.
4 . Erection or installation.
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C4 -4 (5)
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10.
Transmittal of manufacturer's operation and maintenance
instructions .
Installed equipment and materials testing.
Owner's o perator instruction (if applicable)
Final inspection.
Operational testing .
Final inspection.
If, in the opinion of the Owner, work accomplished falls behind
that scheduled, the Contractor shall take such action as
necessary to improve his progress. In addition, the Owner may
require the Contractor to submit a revised schedule
demonstrating his program and proposed plan to make up lag in
scheduled progress and to insure completion of the work within
the contract time. If the Owner finds the proposed plan not
acceptable, he may require the Contractor to increase the work
force, the construction plant and equipment, the number of work
shifts or the overtime operations without additional cost to the
Owner.
Failure of the Contractor to comply with these requirements
shall be considered grounds · for determination by the Owner that
the Contractor is failing to prosecute the work with such
diligence as will insure its completion within the time
specified.
C4-4 (6)
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PART C-GENERAL CONDITIONS
CS-5 CONTROL OF WORK AND
MATERIALS
SECTION CS-5 CONTROL OF WORK AND MATERIALS
CS-5 .1 AUTHORITY OF ENGINEER: The work shall be performed to
the satisfaction of the Engineer and in strict compliance with
the Contract Documents . He shall decide a l l questions which
arise as to the quality and acceptability of materials
furnished, work performed, rate of progress of the work, overall
sequence of the construction, interpretation of the Contract
Documents, acceptable fulfillment of the contract, compensation,
mutual rights between Contractor and Owner under these Contract
Documents, supervision of the work, resumption of operations,
and all other questions or disputes which may arise. Engineer
will not be responsible for Contractor's means, methods,
techniques, sequences of procedures of construction, or the
safety precaution and programs incident thereto, and he will not
be responsible for Contractor's failure to perform the work in
accordance with the Contract Documents .
He shall determine the amount and quality of the work completed
and materials furnished, and his decisions and estimates shall
be final. His estimates in such event shall be a condition to
the right of the Contractor to receive money due him under the
Contract. The Owner ·shall have executive authority to enforce
and make effective such necessary decisions and orders as the
Contractor fails to carry out promptly.
In the event of any dispute between the Engineer and Contractor
over the decision of the Engineer on any such matters, the
Engineer must, within a reasonable time, upon written request of
the Contractor, render and deliver to both the Owner and
Contractor, a written decision on the matter in controversy .
CS-5.2 CO NF ORMITY WITH PLANS: The finished project in all cases
shall conform with lines, grades, cross-sec ti ons , finish, and
dimensions shown on the plans or any other requ i rements
otherwise described in the Contract Documents. Any deviation
from the approved Contract Documents required by the Engineer
during construction will in all cases be determined by the
Engineer and authorized by the Owne r by Change Order .
C 5-5 ( I )
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CS-5. 3 COORDINATION OF CONTRACT DOCUMENTS: The Contract
Documents are made up of several sections, which, taken
together, are intended to describe and provide for a complete
and useful project, and any requirements appearing in one of the
sections is as binding as though it occurred in all sections.
In case of discrepancies, figured dimension shall govern over
scaled dimensions, plans shall govern over specifications,
special conditions shall govern o v e r general conditions and
standard specifications, and quantities shown on the plans shall
govern over those shown in the proposal. The Contractor shall
not take advantage of any apparent error or omission in the
Contract Documents, and the Owner shall be permitted to make
such corrections or interpretations as may be deemed necessary
for the fulfillment of the intent of the Contract Documents. In
the event the Contractor discovers an apparent error or
discrepancy, he shall immediately call this condition to the
attention of the Engineer . In the event of a conflict in the
drawings, specifications, or other portions of the Contract
Documents, which were not reported prior to the award of
Contract, the Contractor shall be deemed to have quoted the most
expensive resolution of the conflict.
CS-5 .4 COOPERATION OF CONTRACTOR: The Contractor will be
furnished with three sets of the Contract Documents and shall
have available on the site of the project at all times one set
of such Contract Documents.
The Contractor shall give to the work the constant attention
necessary to facilitate the progress thereof and shall cooperate
with the engineer, his inspector, and other Contractors in every
possible way.
The Contractor shal l at all times have competent personnel
available to the project site for proper performance of the
work. The Contractor shall provide and maintain at all times at
the site of the project a competent, English-speaking
super intendent and an assistant who are fully authorized to act
as the Contractor 's age nt o n the work. Suc h s uperi ntendent and
his as s istant shall be capab le of reading and understanding the
Contract Documents and shall receive and fulfill instructions
fr o m the Owner , the Engineer, or his authorized representatives .
Pursuant to this responsibility of the Contractor, the
Contractor shall designate in writing to the project
superintendent, to act a s the contractor 's agent on the work.
Such as s istant project superintendent shall be a resident of
C 5-5 (2)
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Tarrant County, Texas and shall be subject to call, as is the
project Superintendent, at any time of the day or night on any
day of the week on which the Engineer determines that
circumstances require the presence on the project site of a
representative of the ,contractor to adequately provide for the
safety or convenience of the travelling public or the owners of
property across which the project extends or the safety of
property contiguous to the project routing .
The Contractor
Engineer and
workmanship and
shall provide all facilities to enable
his inspector to examine and inspect
materials entering into the work .
the
the
C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the
opinion of the Owner or Engineer, a condition of emergency
exists related to any part of the work, the Contractor, or the
Contractor through his designated representative , shall respond
with dispatch to a verbal request made by the Owner or Engineer
to alleviate the emergency condition. Such a response shall
occur day or night, whether the project is scheduled on a
calendar-day or on a working -day basis.
Should the Contractor fail to respond to a request from the
~· Engineer to rectify any discrepancies , omissions, or corrections
necessary to conform with the requirements of the project
specifications or plans, the Engineer shall give the Contractor
written notice that such work or change s are to be performed.
The written notice shall direct attention to the discrepant
condition and request the contractor to take remedial action to
correct the condition. In the event the Contractor does not
take positive steps to fulfill this written request , or does not
show just cause for not taking the proper action, within 24
hours, the City may take such remedial action with City forces
or by contract. The City shall then deduct an amount equal to
the entire costs for such remedial action, plus 25%, from any
funds due the Contractor on the project.
C5-5. 6 FIELD OFFICE: The Contractor shall provide, at no extra
compensation , an adequate field office for use of the Engineer,
if specifically called for. The field office shall be not less
than 10 by 14 feet in fl o or area, substantially construc ted,
well heated, air conditioned, lig hted, and weather -proof, so
that documents will not be damaged by the elements.
C5-5. 7 CONSTRUCTION STAKES : The City , through
will furnish the Co ntractor with all lines,
C5-5 (3)
its Engineer,
grades, and
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measurements necessary to the proper prosecutio? and control o f
the work contracted for u nder these Contract Documents, and
lines, grades and measurements will be established by means of
stakes or other customary method of marking a may be found
consistent with good practice.
These . stakes or markings shall be set sufficiently in advance of
c o nstruction operations to avoid de l ay . Such stakes or
markings, as may be established for the Contractor's use or
guidance, shall be preserved by the Contractor until he is
authorized by the Engineer to remove them. Whenever, in the
opin i on of the Engineer, any stakes or markings have been
carelessly or willfully destroyed, disturbed, or removed by the
Contractor or any of his employees, the full cost of replacing
such stakes or marks plus 25% will be charged against the
Contractor, and the full amount will be deducted from payment
due the Contractor .
C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTORS: City Inspectors
will be authorized to inspect all work done and to be done and
all materials furnished. Such inspection may extend to all or
any part of the work, and the preparation or manufacturing of
the materials to be used or equipment to be installed . A City
Inspector may be stationed on the work to report to the Engineer
the progress of the work and the manner in which it is being
performed, any evidence that the materials being furnished or
the work being performed by the Contractor fails to fulfill the
requirements of the Contract Documents, and to call the
attention of the Contractor to any such failure or other
infringements . Such inspection or lack of inspection will not
relieve the Contractor from any obligation to perform the work
in accordance with the requirements of the Cont:r:act Documents.
In case of any dispute arising between the Contractor and the
City Inspector as to the materials or equipment furnished or the
manner of performing the work, the City Inspector will have
authority to r eject materials or equipment to suspend work u ntil
the questi o n at issue can be referred to, and be decided by, the
Engineer. The City Inspector will not, h o wever, be autho rized
to revo ke, alter, enlarge, or release any requirement of t hese
Con t r a c t Documents, n o r t o a pp rov e or acce pt a n y p ortion or
sec t ion o f t he wo rk, no r to iss ue a n y i n s t ruc t ions con t rary t o
the re qu irement s of t he Contra ct Docum e nt s. He will i n no cas e
a c t as s u p erint e nden t or f o r e ma n o r pe rform any · othe r du t i e s f o r
t he Co n tractor , o r in t er fe r e wi t h the manage ment o r o pe ra ti o n o f
t h e wo rk . He wil l n ot a cc ept fr o m the Co nt r a c t o r any
compens ation in a n y form f o r p e rform i ng any dut ies . Th e
C 5-5 ( 4)
Contractor shall regard and obey the directions and instruction
of the City Inspector or Engineer when the same are consistent
with the obligations of the Contract Documents, provided,
however, should the Contractor object to any orders or
instructions of the City Inspector, the Contractor may within
six days make written appeal to the Engineer for his decision on
the matter in controversy.
C5-5.9 INSPECTION: The Contractor shall furnish the
Engineer with every reasonable facility for ascertaining whether
or not the work as performed is in accordance with the
requirements of the Contract Documents. If the Engineer so
requests, the Contractor shall, at any time before acceptance of
the work, remove or uncover such portion of the finished work as
may be directed . After examination, the Contractor shall
restore said portions of the work to the standard required by
the Contract Documents.
Should the work exposed or examined prove acceptable, the
uncovering or removing and replacing of the covering or making
good of the parts removed shall be paid for as extra work, but
should be work so exposed or examined prove to be unacceptable,
the uncovering or removing and the replacing of all adjacent
defective or damaged parts shall be at the Contractor's expense.
No work shall be done or materials used without suitable
supervision or inspection.
C5-5 .10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work ,
materials, or equipment which has been rejected shall be
remedied or removed and replaced in an acceptable manner by the
Contractor at his own expense. Work done beyond the lines and
grades given or as shown on the plans, except as herein
specifically provided, or any Extra Work done without written
authority, will be considered as unauthorized and done at the
expense of the Contractor and will not be paid for by the Owner.
Work so done may be ordered removed at the Contractor's expense.
Upon the failure on the part of the Contractor to comply with
any order of the Engineer made under the provisions of this
paragraph, the Engineer will have the authority to cause
defective work to be remedied or removed and replaced and
unauthorized work to be removed, and the cost thereof may be
deducted from any money due or to become due to the Contractor.
Failure to require the removal o f any defe c tive o r unauthorized
work shall not constitute acceptance of such works.
C5-5 (5)
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CS-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the
Specifications, law, ordinance, codes or regulations permit
Contractor to furnish or use a substitute that is equal to any
material or equipment specified, and if contractor wishes to
furnish or use a proposed substitute, he shall, prior to the
pre-construction conference, make written application to
Engineer for approval of such substitute certifying in writing
that the proposed substitute will perform adequately the
functions called for by the general design, be similar and of
equal substance to that specified and be suited to the same use
and capable of performing the same function as that specified;
and identifying all variations of the proposed substitute from
that specified and indicating available maintenance service. No
substitute shall be ordered or installed without the written
approval of Engineer who will be the judge of the equality and
may require Contractor to furnish such other data about the
proposed substitute as he considers pertinent. No substitute
shall be ordered or installed without such performance guarantee
and bonds as Owner may require which shall be furnished at
Contractor's expense. Contractor shall indemnify and hold
harmles·s Owner and engineer and anyone directly or indirectly
employed by either of them from and against the claims, damages,
losses and expenses (including attorneys fees) arising out of
the use of substituted materials or equipment.
cs -5. 12 SAMPLES AND TESTS OR MATERIALS: Where, . in the opinion
of the Engineer, or as called for in the Contract Documents,
tests of materials or equipment are necessary, such tests will
be made at the expense of and paid for direct to the testing
agency by the Owner unless otherwise specifically provided. The
failure of the Owner to make any tests of materials shall in no
way relieve the Contractor of his responsibility of furnishing
materials and equipment fully conforming to the requirements of
the Contract Documents. Tests and sampling of materials, unless
otherwise specified, will be made in accordance with the latest
methods prescribed by the American Society for Testing Materials
or specific requirements of the Owner. The Contractor shall
provide such facilities as the Engineer may require for
collecting and forwarding samples and shall not , without
specific written permission of the Engineer, use the material s
represented by the samples until tests have been mad e and the
materials approved for use . The Contractor will furnish
adequate samples without charge to the Owner.
In case of concrete, the aggregates, de s ign minimum , and the
CS -5 (6)
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mixing and transporting equipment shall be approved by the
Engineer before any concrete is placed, and the Contractor shall
be responsible for replacing any concrete which does not meet
the requirements of the contract Documents. Tests shall be made
at least 9 days prior to the placing of concrete, using samples
from the same aggregate, cement, and mortar which are to be used
later in the concrete . Should the source of supply change, new
tests shall be made prior to the use of the new materials.
C5-5. 13 STORAGE OF MATERIALS: All materials which are to be
used in the construction operation shall be stored to insure the
preservation of the quality and fitness of the work. When
directed by the Engineer, they shall be placed on wooden
platforms or other hard, clean durable surfaces and not on the
ground, and shall be placed under cover when directed. Stored
materials shall be placed and located so as to facilitate prompt
inspection.
C5-5. 14 EXISTING STRUCTURES AND UTILITIES: The location and
dimensions shown on the Plans relative to existing utilities are
based on the best information available. Omission from or the
inclusion of utility locations on the Plans is not to be
considered as the nonexistence of, or a definite location of,
existing underground utilities. The location of many gas mains,
water mains, conduits, sewer lines and service lines for all
utilities, etc., is unknown to the Owner, and the Owner ·assumes
no responsibility for failure to show any or all such structures
and utilities on the Plans or to show them in their exact
location. It is mutually agreed that such failure will not be
considered sufficient basis for claims for additional
compensation for Extra Work or for increasing the pay quantities
in any manner whatsoever, unless an obstruction encountered is
such as to necessitate changes in the lines and grades of
considerable magnitude or requires the building of special
works, provision for which is not made in the Contract
Documents, in which case the · provision in these Contract
Documents for Extra Work shall apply.
It shall be the Contractor's responsibility to verify locations
of adjacent and/or conflicting utilities sufficiently in advance
of construction in order that he may negotiate such local
adjustments as necessary in the construction process to provide
adequate clearances . The Contractor shall take all necessary
precautions in order to protect all existing utilities,
structures and service lines. Verification of existing
utilities, structures and service lines shall include
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notification of all utility companies at least forty-eight (48)
hours in advance of construction including exploratory
excavation if necessary. All verification of existing utilities
and their adjustment shall be consid~red as subsidiary work .
CS-5.15 INTERRUPTION OF SERVICE:
a.
b .
Normal Prosecution: In the normal prosecution of work
where the interruption of service is necessary, the
Contractor, at least 24 hours in advance, shall be
required to:
1. Notify the Water
Division of location,
service interruption.
Department's
time, and
Distribution
schedule of
2 . Notify each customer personally through
3.
responsible personnel of time and schedule of the
interruption of their service, or
In the event that
customer
shall be
doorknob.
cannot be
attached
The
composition, and in
personal notification of a
made, a prepared tag form
to the customer's entrance
tag shall be durable in
large bold type shall say:
"NOTICE"
Due to Utility Improvement in your neighborhood,
your (water) (sewer) service will be interrupted
on between the hours of and
This inconvenience will be as short as possible.
Thank you,
Contractor
Address Phone
Emergency:
interruption
immediate .
I n the event that an
occurs , notice shall
unforeseen service
be as above, but
C5-5 (8)
The materials excavated and the construction materials, such as
pipe, used in the construction of the work shall be placed so as
not to endanger the work or prevent free access to all fire
hydrants, fire alarm boxes, police call boxes, water valves, gas
valves, or manholes in the vicinity. The Owner reserves the
right to remedy any neglect on the part of the Contractor in
reference to public convenience and safety which may come to its
attention, after twenty-four (24) hours notice in writing to the
Contractor, save in cases of emergency when it shall have the
right to remedy any neglect without notice, and in either ca se,
the cost of such work done or materials furnished by the Owner
or by the City shall be· deducted from monies due or to become
due to the Contractor.
The Contractor, after approval of the Engineer, shall notify the
Fire Department Headquarters, Traffic Engineer, and Police
Department, when any street or alley is requested to be clo sed
or obstructed or any fire hydrant is to be made inaccessible,
and when so directed by the Engineer, shall keep any street,
streets, or highways in condition for unobstructed use by fire
apparatus. The Contractor shall promptly notify the Fire
Department Headquarters · when all such obstructed streets,
alleys, or hydrants are again placed back in service.
Where the Contractor is required to construct temporary bridges
or make other arrangements for crossing over ditches or streams,
his responsibility for accidents in connection with such
crossings shall include the roadway approaches as well as the
structures of such crossings.
The Contractor shall at all times conduct his operation and the
use of c onstruction machinery so as not to damage or destroy
trees and shrubs located in close proximity to or on the site of
the work . Wherever any such damage may be done, the Contractor
shall immediately satisfy all claims of property owners, and no
payment will be made by the Owner in settlement of such claims.
The Contractor shall file with the Engi n eer a written statement
s howing all suc h claims adjusted.
C6 -6. 6 PRIVILEGES OF CO NTRACT OR IN STREETS , ALLEYS, AND RIGHT-
OF -WAY: For the performa n c e of the contract , the Co ntract o r
will be permitted to use and occupy such portions of the public
street s and alleys, or o ther public places or other rights-o f-
way as provided for in the ord inances o f the City , as shown in
the Contract Documents, or as may be speci fi cal ly authorized in
C6 -6 (3)
.,,
~
-,
writing by the Engineer. A reasonable a mo u nt o f t oo ls,
materials, and equipment for construction purposes ma y be s tored
in such space, but no more than is necessary to avoid delay in
the c o nstructi o n operations. Excavated and waste materials
shall be p i led or stacked in such a way that does not i nterfere
with the use of spac es that may be designated to be left free
and unobst r u c ted, o r inc onvenienc e o ccupants of adjac ent
proper t y. If the stree t is occupied b y ra i lway t racks, the work
shall be car ri ed o n in suc h manne r a s not to inte r fere with the
o perati o n of trains, load i ng or u nl o ading o f c ars, e t c . Ot h er
c ontractors of the Owner may, for all purpo ses required by the
contract, enter upon the work and premises used by the
assistance for the completion of adj oi ning work. Any additional
grounds desired by the Contractor for his use shall be provided
by him at his o wn cost and expense.
C6 -6. 7 RAILWAY CROSSINGS : When the work encroaches upon any
right-of-way of any railway, the City will secure the necessary
easement for the work . Where the railway tracks are to be
crossed, the Contractor shall observe all the regu l ations and
instructions of the rai l way company regarding the methods of
performing the work and take all precautions for safety of
pro perty and the public. Negotiations with the railway
c o mpanies for permit s shall be done by and through the City.
The Contracto r shall give the City notice not less than five
days prior to the time of his intention to begin work on that
p o rtion of the project which is re l ated to t he rai l way
pro perties. The Contractor will not be g i ven e x tra or
additional compensation for such railway crossings un l ess
specifically set forth in the Contract Documents .
C6 -6. 8 BARRICADES, WARNINGS AND WATCHMEN : Where the work is
carried o n in o r a djacent to any street, al l ey, o r publi c pla c e,
the Contractor shall, at his own expe nse, furnish, erect, a nd
maintain such barricades, fences, lights and danger signals , and
shall provide s uc h wat c hmen, and s h all take all suc h ot h er
precaut ionary me asures fo r the pro tecti o n of pers o ns o r pro p er ty
a n d o f the work as a re n e c essa ry . Bar ri cades and f enc es sha ll
be p a int e d i n a color tha t will b e v isib l e a t n ight . From
sunset to sunrise the Contractor shall furnish and maintain at
least one easily visible burning light at eac h barri c ade. A
sufficient number o f barricade s shal l be erected and maintained
to keep pedestrians away, and vehicles fr o m being drive n o n o r
into , a n y work u n der con s t r uc t ion o r being maint a ined . The
Contractor shall furnish watchmen and kee p them at their
respective as s ignments in su f f i cient numbers to protect the work
and prevent ac c ident o r damage .
C6 -6(4)
All installati o ns and procedures shall be consistent with the
provisions set forth in the "1 9 80 Texas Manual on Uniform
Traffic Control Devi c es for St reets and Highways", issued u nder
the authority of the "State of Texas Uniform Act Regulating
Traffic on Highways", codified as Article 6701d, Vernon's Civil
Statutes, pertinent sections being Secti o n Nos. 27, 29, 30 and
31 .
The Contractor will not remove any regulatory sign,
instructional sign,· street name sign , o r other sign, which has
been erected by the City. If it is determined that a sign must
be removed to permit required construction, the Contractor shall
contact the Transportation and Public Works Department, Signs
and Markings Division (phone number 870-8075), to remove the
sign . In the case of regulatory signs, the Contractor must
replace the permanent sign with a temporary sign meeting the
requirements of the above referenced manual, and such temporary
sign must be installed prior to the removal of the permanent
sign. If the temporary sign is not installed correctly or if it
does not meet the required specifications, the permanent sign
shall be left in place until the temporary sign requirements are
met. When construction work is completed to the extent that the
permanent sign can be reinstalled, the Contractor shall again
contact the Signs and Markings Divisi o n to reinstall the
permanent sign and shall leave his temporary sign in place until
such reinstallation is completed.
The Contractor will be held responsible for all damage to the
work or the public due to failure of barricades, signs, fences,
lights , or watchmen to protect them. Whenever evidence is found
of such damage to the work, the Engineer may order the damaged
portion immediately removed and replaced by the Contractor at
the Contractor's own expense. The Contractor's responsibility
for the maintenance of barricades, signs, fences and lights, and
for providing watchmen shall not cease until the project shall
hav e been c om pleted and accepted b y the Owner .
No c o mpensati o n, except as spe ci f ic a lly pro vided in the s e
Co n tra ct Docume n t s, wi l l b e pai d to the Co nt ractor fo r the wo rk
and mate r ials i nvolve d i n the const ru cting, provi d ing, and
mai n tain i ng of bar r icades, sign s, f ence s, a nd lights or for
s alari es of watchm en, f o r the subsequent remova l and d i spo sa l of
s uc h ba rrica de s , signs, o r for any o ther inc ide ntals ne c essa ry
f o r t he prop er pro te c ti o n, sa f ety , a n d con v enienc e of the publi c
C6-6 (5)
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-
..
during the contract period,
subsidiary to the several
prices are requested in the
as this
items for
Proposal.
work is considered to be
which unit or lump sum
C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the
Contractor elect to use explosives, drop weight, etc. , in the
prosecution of the work, the utmost care shall be exercised at
all times not to endanger life or property. The Contractor
shall notify the proper representative of any public service
corporation, any company, individual , or utility, and the Owner ,
not less than twenty-four (24) hours in advance of the use of
any activity which might damage or endanger property along or
adjacent to the work.
Where the use of explosives is to be permitted on the project as
specified in the Special Contract Documents, or the use of
explosives is requested , the Contractor shall submit notice to
the Engineer in writing twenty-four (24) hours prior to
commencing and shall furnish evidence that he has insurance
coverage to protect against any damages and/or injuries arising
out of such use of explosives .
All claims arising out of the use of explosives shall be
investigated and a written report made by the Contractor's
insurers to the Engineer within ten (10) days after receipt of
written notice of the claim to the Contractor from either the
City or the claimant. The city shall proceed to give notice to
the Contractor of any such claim. The use of explosives may be
suspended by the Engineer if any complaint is received and such
use shall not be resumed until the cause of the · complaint has
been addressed.
Whenever explosives are stored or kept, they shall be stored in
a safe and secure manner and all storage places shall be plainly
marked "DANGEROUS EXPLOSIVES" and shall be under the care of a
competent watchman at all times. All vehicles in which
explosives are being transported shall be plainly marked as
mentioned above and shall, insofar as possible, not use heavy
traffic routes.
C6-6. 10 WORK WITHIN EASEMENTS: Where the work passes over ,
through, or into private property, the Owner will provide such
right-of-way or easement privileges as the City may deem
necessary for the prosecution of the work. Any additional
rights-of-way or work area considered necessary by the
Contractor shall be provided by him at his own expense. Such
C6 -6 (6)
additional rights-of-way or work area shall be acquired for the
benefit of the City. The City shall be notified in writing of
the rights so acquired before work begins in the affected area.
The Contractor shall not enter upon private property for any
purpose without having previously obtained permission from the
owner of such property. The Contractor will not be allowed to
store equipment or material on private property unless and until
the specified approval of the property owner has been secured in
writing by the Contractor, and a copy furnished to the Engineer.
Unless specifically provided otherwise, the Contractor shall
clear all rights-of-way or easements of obstructions, which must
be removed to make possible proper prosecution of the work as a
part of the project construction operations. The Contractor
shall be responsible for the preservation of and shall use every
precaution to prevent damage to all trees, shrubbery, plants,
lawns, fences, culverts, curbing and all other types of
structures or improvements, and to all water, sewer and gas
lines, to all conduits, overhead pole lines, or appurtenances
thereof, including the construction of temporary fences, and to
all other public or private property along adjacent to the work.
The Contractor shall notify the proper representatives of owners
or occupants of public or private lands or interest in lands
which might be affected by the work. Such notice shall be made
at least 48 hours in advance of the beginning of the work.
Notices shall be applicable to both public and private utility
companies or any corporation, company, individual, or other,
either as owners or occupants whose land or interest in land
might be affected by the work. The Contractor shall be
responsible for all damage or injury to property of any
:< character resulting from any act, omission, neglect, or
misconduct in the manner or method or execution of the work, or
at any time due to defective work, material or equipment.
When and where any direct or indirect damage or injury is done
to public or private property on account of any act, omission,
neglect, or misconduct in the execution of the work, or in
consequence of the non-execution thereof on the part of the
Contractor, he shall restore or have restored at his own cost
and expense such property to a condition at least equal to that
existing before such damage or injury was done, by repairing,
rebuilding , or otherwise replac ing and restoring as may be
directed by the Owner , or he shall make good such damages or
injury in a manner acceptable to the owner o f the property and
the Engineer.
C6-6 (7)
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, '
1j.
•
All fences encountered and removed dur i ng construction of this
project shall be restored to the original or a better than
original condition upon completJon of this project. When wire
fencing, either wire mesh or barbed wire is to be crossed , the
Contractor shall set cross braced posts on either side of
permanent easement before the fence is c ut . Shou l d additional
fence cuts be necessary, the Contractor shall provide cross
braced posts at point of the proposed cut in addition to the
c r o ss braced posts provided at the permanent easements limits,
before the fence is cut .
Temporary fencing shall be erected in place of the fencing
removed whenever the work is not in progress and when the site
is vacated overnight, and/or at all times to prevent livestock
from entering the construction area. The cost for fence
removal, temporary closures and replacement shall be subsidiary
to the various items bid in the project proposal . Therefore, no
separate payment shall be allowed for any service associated
with this work.
In case of failure on the part of the Contractor to restore such
property to make good such damage or injury, the Owner may , upon
48-hour written notice under ordinary circumstances, and without
notice when a nuisance or hazardous condition results, proceed
to repair, rebuilt or otherwise restore such property as may be
determined by the Owner to be necessary, and the cost thereby
will be deducted from any monies due or to become due to the
Contractor under this Contract.
C6-6.ll INDEPENDENT CONTRACTOR: It is understood and agreed by
the parties hereto that contractor shall perform all work and
services hereunder as an independent contractor, and not as an
officer, agent, servant or employee of the Owner. Contractor
shall have exclusiv e control of and the exclusive right to
control the details of all the work and services performed
hereunder, and all persons performing same, and shall be sole l y
responsible for the a c ts and omissions of its officers, agents,
servants, e mployees, contractors, sub contrac t o rs, li c ensees
inv i tee s. Th e d oc tr ine o f r e s ponde n t s u pe rio r s hall n o t a pp ly
a s between Own e r and Contractor, it s of f icer s, agent s,
em p loyee s, contrac t ors and sub con tractor s , and nothing herei n
sha ll b e cons t r u e d a s creating a partnership or j o in t e nt erp ris e
b e t wee n Owner a nd Con tract or .
C6-6 (8)
l
C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS:
Con tractor covenants and agrees to indemnify City's engineer and
architect , and their personnel a t the project site for
Contractor 's sole negligence. In addition , Contractor covenants
and agrees to indemnify , hold harmless and defend, at its own
expense, the Owner, its officers, servants and employee s, from
and against any and all claims or suits for property l oss,
property damage, personal injury, including death, arising out
o f, or alleged to arise out of, the work and services to be
performed hereunder by Contractor, its officers, agents,
emp l oyees, subcontractors, licensees or invitees, whether or not
any such injury, damage or death is caused, in whole or in part,
by the negligence or alleged negligence of Owner, its officers,
servants, or employees. Contractor likewise covenants and
agrees to indemnify and hold harmless the Owner from and against
any and all injuries to Owner's officers, servants and em ployees
and any damage, loss or destruc tion to property of the Owner
ari sing from the performance of any of the terms and conditions
of this Contract, whether or not any such injury or damage is
caused in whole or in part by the negligence or alleged
negligence of Owner, its officers, servants or employees.
In the event Owner receives a written claim for damages against
the Contractor or its subcontractors prior to final payment,
final payment shall not be made unt.il Contractor either (a)
submits to Owner satisfactory evidence that the claim has been
settled and/or a release from the claimant involved, or (b)
provides Owner with a letter from Contractor's liability
insurance carrier that the claim has been referred to the
insurance carrier.
The Director may, if he deems it appropriate, refuse to accept
bids on other City of Fort Worth public work from a Contractor
against whom a claim for damages is outstanding as a result of
work performed under a City Contract.
C6-6 .13 CONTRACTOR'S CLAIM FOR DAMAGES : Should the Contractor
claim compensation for any alleged damage by reason of the acts
or omissions of the Owner, he shall within three days after the
actual sustaining of such alleged damage, make a written
statement to the Engineer , setting out in detail the nature of
the alleged damage, and on or before the 25 ':h day of the month
succeeding that in which any such damage is claimed to have been
sustained, the Contractor shall file with the Engineer an
itemized statement of the details and amount of such alleged
C6-6 (9)
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damage and, upon request, shall give the Engineer access to all
books of account, receipts, vouchers, bills of lading, and other
books or papers containing any evidence as to the amount of such
alleged damage . Unless such statements shall be filed as herein
required, the Contractor's claim for compensation shall be
waiv ed, and he shall not be entitled to payment on account of
such damages.
C6 - 6 . 14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC: In
case it is necessary to c hange, mo ve, or alter in any manner the
property of a public utility or others, the said property shall
not be moved or interfered with until orders thereupon have been
issued by the Engineer. The right is reserved to the owners of
public utilities to enter the geographical limits of the
Contract for the purpose of making such changes or repairs to
their property that may be necessary by the performance of this
contract.
C6 -6. 15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing
sewer lines have to be taken up or removed, the Contractor
shall, at his own expense and cost, provide and maintain
temporary outlets and connections for all private or public
drains and sewers. The Contractor shall also take care of all
sewage and drainage , which will be received from these drains
and sewers, and for this purpose he shall provide and maintain,
at his own cost and expense, adequate pumping facilities and
temporary outlets or diversions.
The Contractor, at his own cost and expense, shall construct
such troughs, pipes, or other structures necessary, and be
prepared at all times to dispose of drainage and sewage received
from these temporary connections until such times as the
permanent connections are built and are in service. The
existing sewers and connections shall be kept in service and
maintained under the Contract, except when specified or ordered
to be abandoned by the Engineer . All water, sewage, and other
waste shall be disposed of in a satisfactory manner so that no
nuisance is created and so that the work under c onstructi o n will
be a d e q ua t e ly pro te c ted .
C6 -6 .1 6 AR RAN GE MENT AND CHA RGE S FO R WATE R FU RN I SHED BY THE CI TY:
When the Co ntractor de s ire s to us e Ci t y water i n connection with
a ny cons t r uction work, h e sha l l make compl et e a n d s ati s factor y
arrangement s with the Fort Wo r t h Ci t y Wa t e r De p artme nt f o r so
doing.
C6-6 (10)
..•
City water furnis h ed to the Contra c tor shall be delivered to the
Contractor fr o m a connecti o n on an existing City main. All
piping req uired beyond t h e point of delivery shall be install e d
by the Co ntractor at his o wn e xpense.
The Cont ract o r's re sp o nsibility in the use of all existing fire
h ydrants and /o r va lves is de t ail e d i n Secti o n E2 -1 .2 USE OF FIRE
HYDRANTS AND VALVES in these General Contra c t Do cuments.
When meters are used to measure the water, the charges, if any ,
f or water will be at the reg ular established r ates . When meters
are not used, the charges, if any, will be as prescribed by the
City Ordinance, or where no o rdinanc e applies, payment shall be
made on estimates and rates established by the Director of the
Fort Worth Water Department .
C6-6 .17 USE OF A SECTION OR PORTION OF THE WORK : Whenever, in
the op i nion of the Engineer, any section or p o rtion of the wo r k
or any structure is in suitable condition, it may be put into
use upon the written order of the Engineer, and such usage shall
not be held to be in any way an acceptance of said work or
structure or any part thereof or as a waiver of any of the
provisions of these Contract Documents. Al l necessary repairs
and removals of any section of the work so put into use, due to
defectiv e materials or workmanship, equipment, or to deficient
o peratio ns on the part of the Contractor, shall be preformed by
the Contractor at his own expense.
C6 -6.18 CONTRACTOR'S RESPONS I BILITY FOR THE WORK: Until written
a ccept a nce by the Owner as prov i ded for in these Contra c t
Documents, the wo r k shall be under the charge and care of the
Contractor, and he shall take every necessary precaution to
prevent injury or damage to the work or any p a rt thereof by
acti o n o f the e l ements o r fr o m a ny cause whats o e v er, whether
arising f rom the executi o n o f n o n -executi o n o f the work. The
Co n t ra c t o r s hall rebui l d, r e pa ir , r esto r e, and make good at h i s
o wn expense a l l injuries or d a mage to any portio n of t he wo r k
occasioned b y any o f the causes here in .
C6-6.19 NO WAIVER OF LEGAL RIG HTS: Inspecti o n by the engineer
or any order by the Owner by payment of money or any payment for
or acceptance of a n y work, or any extens i on of time, or any
possession t aken by the City shall not operate as a waiver of
any provision o f the Con t ract Docume n ts . Any wai ver of any
breach or Co n tract shall not b e held to be a waiver of any other
or subsequent breach .
C6 -6 ( 11 )
•
The Owner reserves the right to correct any error that may be
discovered in ariy estimate that may hav~ been paid and to adjust
t he same to meet the requ i rements of the Contra c t Do cuments .
C6-6 .20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out
the provisions of these Contract Doc u ments or in exercising any
power of authority granted thereunder, there shall be no
liability upon the authorized representat i ves of the Owner,
either personally or otherwise as the y are agents and
representatives of the City .
C6-6.21 STATE SALES TAX: On a contract awarded by the City of
Fort Worth, an organization which qualifies for exemption
pursuant to the provisions of Article 20. 04 (H) of the Texas
Limited Sales, Excise, and Use Tax Act, the Contractor may
purchase, rent or lease all materials, supplies and equipment
used or consumed in the performance of this contract by issuing
to his supplier an exemption certificate in lieu of the tax,
said exemption certificate to comply with State Comptroller's
Ruling .007. Any such exemption certificate issued by the
Contractor in lieu of the tax shall be subject to and shall
comply with the provisions of State Comptroller's Ruling . 011,
and any other applicable State Comptroller rulings pertaining to
the Texas Limited Sales, Excise, and Use Tax Act .
On a contract awarded by a developer for the construction of a
publicly -owned improvement in a street right-of-way or other
easement which has been dedicated to the public and the City of
Fort Worth, an organization which qualifies for exemption
pursuant to the provisions of Article 20. 04 (H) of the Texas
limited Sales, Excise, and Use Tax Act, the Contractor can
probably be exempted in the same manner stated above.
Limited Sale, Excise and Use Tax permits and information can be
obtained from:
Comptro l ler of Publi c Acc o unts
Sale Tax Divisi o n
Cap itol S t a tion
Aus t in , TX
C6-6 (12)
PART C-GENERAL CONDITIONS
C7-7 PROSECUTION AND PROGRESS
SECTION C7-7 PROSECUTION AND PROGRESS
C7-7. 1 SUBLETTING: The Contractor shall perform with his own
organization, and with the assistance of workmen under his
immediate superintendence, work of a value of not less than
fifty ( 50%) percent of the value embraced in the contract. If
the Contractor sublets any part of the work to be done under
these Contract Documents, he will not under any circumstances be
relieved of the responsibility and obligation assumed under
these Contract Documents. All transactions of the Engineer will
be with the Contractor. Subcontractors will be considered only
in the capacity of employees or workmen of the Contractor and
shall be subject to the same requirements regarding character
and competency. The Owner will not recognize any subcontractor
on the work . The Contractor shall at all times, when the work
is in operation, be represented either in person or by a
superintendent, or other designated representative.
C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign,
transfer, sublet, convey, or otherwi.se dispose of the contract
or his rights, title, or interest in or to the same or any part
thereof without the previous consent of the Owner expressed by
resolutioh of the City Council and concurred in by the Sureties.
If the Contractor does, without such previous consent, assign,
transfer, sublet, convey, or otherwise dispose of the contract
or his right , title, or interest therein or any part thereof, to
any person or persons, partnership, company, firm or
corporation, or does by bankruptcy, voluntary or involuntary, or
by assignment under the insolvency laws of any state, attempt to
dispose of the contract may, at the option of the Owner be
revoked and annulled, unless the Sureties shall successfully
complete said contract, and in the event of any such revocation
or annulment, any monies due or to become due under or by virtue
of said c o ntract shall be r etained by the Owner as liquidated
damages f o r the reason that it wo uld be impracticable and
ex t remely difficu lt to fix the a c tua l damages.
C7 -7 .3 PR OSE CUTI ON OF THE WORK: Pri o r t o begin ning any
constructi o n op erati o n, the Contrac tor shall submit to the
Engineer in fi v e or more copies, if requested by the Engineer, a
pro gress schedu l e preferably in chart or diagram f o rm, or a
C7-7(1)
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r.>
brief outlining in detail and step by step the manner of
prosecuting the work and ordering materials and equipment which
he expects to follow in order to complete the project in the
scheduled time. There shall also be submitted a table of
estimated amounts to be earned by the Contractor during each
monthly estimate period.
The Contractor shall commence the work to be performed u nder
this contract within the time limit stated in these Contract
Documents and shall conduct the work in a continuous manner and
with sufficient equipment, materials, and labor as is necessary
to insure its completion within the time limit.
The sequence requested of all construction operations shall be
at all times as specified in the Special Contract Documents.
Any deviation from such sequencing shall be submitted to the
Engineer for his approval. Contractor shall not proceed with
any deviation until he has received written approval from the
Engineer. Such specification or approval by the Engineer shall
not relieve the Contractor from the full responsibility of the
complete performance of the Contract.
The contract time may be changed only as set forth in Section
C7-7. 8 "Extension of Time of Completion" of this Agreement, and
a progress schedule shall not constitute a change in the
contract time.
C7-7. 4 LIMITATIONS OF OPERATIONS: The working operations shall
at all times be conducted by the Contractor to create a minimum
amount of inconvenience to the public. At any time when, in the
judgment of the Engineer, the Contractor has obstructed or
closed or is carrying on operations in a portion of a street or
public way greater than is necessary for the proper execution of
the work, the Engineer may require the Contractor to finish the
section on which operations are in progress before the work is
commenced on any additional section or street .
C7-7.5 CHARACTER OR WORKMEN AND EQUIPMENT: Local labor shall be
used by the Contractor when it is available . The Contractor may
bring in from outside the Cit y of Fort Worth his key men and his
superintendent . All other workmen, including equipment
operators, may be imported only after the local supp ly is
exhausted. The Contractor shall employ only such
superintendents, foremen, and workmen who are careful,
competent, and fully qualified to perform the duties or tasks
assigned to them, and the Engineer may demand and secure the
C7-7 (2)
summary dismissal of any person or persons employed by the
Contractor in or about or on the work who, in the opinion of .the
Owner, shall misconduct himself or be found to be incompetent,
disrespectful, intemperate, dishonest, or otherwise
objectionable or neglectful in the proper performance of his or
their duties, or who neglects or refuses to comply with or carry
out the directions of the Owner, and such person or persons
shall not be employed again thereon without written consent of
the Engineer.
All workmen shall have sufficient skill, ability, and experience
to properly perform the work assigned to them and operate any
equipment necessary to properly carry out the performance of the
assigned duties.
The Contractor shall furnish and maintain on the work all such
equipment as is considered to be necessary for prosecution of
the work in an acceptable manner and at a satisfactory rate of
progress. All equipment, tools, and machinery used for handling
materials and executing .any part of the work shall be subject to
the approval of the Engineer and shall be maintained in a
satisfactory, safe and efficient working condition. Equipment
on any portion of the work shall be such that no injury to the
work, workmen or adjacent p~operty will result from its use.
C7-7. 6 WORK SCHEDULE: Elapsed working days shall be computed
starting with the first day of work completed as defined in Cl-
1. 23 "WORKING DAY" or the date stipulated in the "WORK ORDER"
for beginning work, whichever comes first.
Nothing in these Contract Documents shall be construed as
prohibiting the Contractor from working on Saturday, Sunday or
Legal Holidays, providing that the following requirements are
met:
a. A request to work on a specific Saturday, Sunday or
Legal Holiday must be made to the Engineer no later
than the Thursday preceding .
b. An y wo rk to be done o n the p r oject on such a specific
S aturday, Su nday o r Legal Ho l i day mu st be, in the
o pin ion o f t he En gi neer, essent i al t o the timely
com pl e ti o n o f the pro ject.
The Engineer's decision shall be final in response
r e quest for approval to work on a specific Saturday,
C 7-7 (3)
to such a
Sunday or
) '
•
Legal Holiday, and no extra compensation shall be allowed to the
Contractor for any work performed on such a specific Saturday,
Sunday or Legal Holiday.
Calendar Days shall be defined in Cl-1.24 and the Contractor may
work as he so desires.
C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor
shall commence the working operations within the time specified
in the Contract Documents and set forth in the Work Order.
Failure to do so shall be considered by the Owner as abandonment
of the Contract by the Contractor and the Owner may proceed as
he sees fit.
The Contractor . shall maintain a rate of progress such as will
insure that the whole work will be performed and the premises
cleaned up in accordance with the Contract Documents and within
the time established in such documents and such extension of
time as may be properly authorized by the Owner.
C7-7. 8 EXTENSION OF TIME COMPLETION: The Contractor's request
for an extension of time of completion shall be considered only
when the request for such extension is submitted in writing to
the Engineer within seven days from and after the time alleged
cause of delay shall have occurred . Should an extension of the
time of completion be requested such request will be forwarded
to the City Council for approval.
In adjusting the contract time for completion of work,
consideration will be given to unforeseeable causes beyond the
control of and without the fault or negligence of the
Contractor, including but limited to acts of the public enemy,
acts of the Owner, fire, flood, tornadoes, epidemics, quarantine
restrictions, strikes, freight embargoe s, or delays of sub-
contractors due to such causes.
When the date o f completion is based on a calendar day bid, a
request for extensi o n of time because of inclement weather will
not be con s idered. A request f or extension of time due to
inability to obtain supplies and materials will be considered
only when a review of the Contractor's purchase order dates and
other pertinent data as requested by the Engineer indicates that
the contractor has made a bona fide attempt to secure delivery
o n schedule. This shall include efforts to obtain the supplies
and materia l s from alternate sources in case the first source
cannot make delivery.
C7 -7 (4)
f
.\
' .
If satisfactory execution and completion of the contract should
require work and materials in greater amounts or quantities than
those set forth in the approved Contract Documents, then the
contract time may be increased by Change Order.
C7-7.9 DELAYS: The Contractor shall receive no compensation for
delays or hindrances to the work, except when direct and
unavoidable extra cost to the Contractor is caused by the
failure of the City to provide information or material, if any,
which is to be furnished by the City. When such extra
compensation is claimed, a written statement thereof shall be
pre sented by the Contractor to the Engineer and if by him found
correct, shall be approved and referred by him to the Council
for final approval or disapproval; and the action thereon by the
Council shall be final and binding. If delay is caused by
specific orders given by the Engineers to stop work, or by the
performance of extra work, or by the failure of the City to
provide material or necessary instructions for carrying on the
work, then such delay will entitle the Contractor to an
equivalent extension of time, his application for which shall,
however, be subject to the approval of the City Council; and no
such extension of time shall release the Contractor or the
surety on his performance bond from all his obligations
hereunder which shall remain in full force until the discharge
of the contract.
C7-7.10 TIME OF COMPLETION: The time of completion is an
essential element of the contract. Each bidder shall indicate
in the appropriate place on the last page of the Proposal the
number of working days or calendar days that he will require to
fully complete this contract or the time of completion will be
specified by the City in the Proposal section of the contract
documents.
The number of days indicated shall be a realistic estimate of
the time required to complete the work covered by the specific
contract being bid upon. The amount of time so stated by the
successful bidder or the City will become the time of completion
specified in the Contract Documents.
For each calendar day that any work shall
after the time specified in the Contract
increased time granted by the Owner , or
increased by additional work or materials
contract is signed, the sum per day given
C7 -7(5)
remain uncompleted
Docum ents, or the
as automatically
ordered after the
in the following
r
\,
schedule, unless otherwise specified in other parts of the
Contract Documents, will be deducted from monies due the
Contractor, not as a penalty, but as liquidated damages suffered
by the Owner.
AMOUNT OF CONTRACT LIQUIDATED
DAMAGES
Less than $5,000 $35.00
$5,001 to 15,000 45.00
5,001 to 25,000 63.00
25,001 to 50,000 105.00
50,001 to 100,000 154.00
100,001 to 500,000 210.00
500,001 to 1,000,000 315.00
1,000,001 to 2,000,000 420.00
2,000,001 and over 630.00
The parties hereto understand and agree that any harm to the
City caused by the Contractor's delay in completing the work
hereunder in the time specified by the Contract Documents would
be impossible or very difficult to accurately estimate, and that
the "Amount of Liquidated Damages Per Day", as set out above, is
a reasonable forecast of just compensation due the City for harm
caused by any delay.
C7-7.ll SUSPENSION BY COURT ORDER: The Contractor shall suspend
operations on such part or parts of the work ordered by any
Court, and will not be entitled to additional compensation by
virtue of such Court Order. Neither will he be liable to the
City in the event the work is suspended by a Court Order.
Neither will the Owner be liable to the Contractor by virtue of
any Court Order or action for which the Owner is not solely
responsible.
C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right to
suspend the work operation wholly or in part for such period or
periods of time as he may deem necessary due to unsuitable
weather conditions o r any other u nfavorable conditions whi ch in
the opinion of the Owner or Engineer cause further p rosecution
of the work to be unsatisfactory o r detrimental to the interest
of the project . During temporary suspension o f work covered by
this contract, for any reason, the Owner will make no extra
payment for stand-by time of construction equipment and/or
construction crews.
C 7-7 (6)
If it should become necessary to suspend work for an indefinite
period , the Contractor shall store all materials in such manner
that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every
precaution to prevent damage or deterioration of the work
performed; he shall provide suitable drainage about the work,
and erect temporary structures where necessary.
Should the Contractor not be able to complete a portion of the
project due to causes beyond the control of and without the
fault or negligence of, the Contractor as set forth . in Paragraph
C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and should it be
determined by mutual consent of the Contractor and the Engineer
that a solution to allow construction to proceed is not
available within a reasonable period of time, then the
Contractor may be reimbursed for the cost of moving his
equipment off the job and returning the necessary equipment to
the job when it is determined by the Engineer that construction
may be resumed. Such reimbursement shal 1 be based on actual
cost to the Contractor of moving the equipment and no profit
will be allowed.
No reimbursement shall be allowed if the equipment is moved to
another construction project for the City of Fort Worth.
The Contractor shall not suspend work without written · notice
from the Engineer and shall proceed with the work operations
promptly when notified by the Engineer to so resume operations.
C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY:
Whenever, because of National Emergency so declared by the
President of the United States, or other lawful authority, it
becomes impossible for the Contractor to obtain all of the
necessary labor, materials, and equipment for the prosecution of
the work with reasonable continuity for a period of two months,
the Contractor shall, within seven days, notify the City in
writing . giving a detailed statement of the efforts which have
been made and listing all necessary items of labor, materials,
and equipment not obtainable. If, after investigation, the
Owner finds that such conditi on s exist and that the inability of
the Contractor to proceed is not attributable in whole or in
part to the fault or neglect o f the Contractor , then if the
Owner cannot after reasonable effort assist the Contractor in
procuring and making available the necessary labor, materials
and equipment within thirty days, the Contractor may request the
C7-7 (7)
:
Owner to terminate the contract and the Owner may comply with
the request, and the termination shall be conditioned and based
upon a final . settlement mutually acceptable to both the Owner
and the Contractor and final payment shall be made in accordance
with the terms of the agreed settlement, which shall include,
but not be limited to, the payment for all work executed but no
anticipated profits on work which has not been performed.
C7-7; 14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF
CONTRACT: The work operations on all or any portion or section
of the work under Contract shall be suspended immediately on
writ ten order of the Engineer or the Contract may be declared
cancelled by the City Council for any good and sufficient cause.
The following, by way of example, but not of limitation, may be
considered grounds for suspension or cancellation:
a. Failure of the Contractor to commence work operations
within the time specified in the Work Order issued by
the Owner .
b. Substantial evidence that
operations by Contractor is
the work within the specified
progress of
insufficient
time.
to
the work
complete
c. Failure of the Contractor to provide and maintain
sufficient labor and equipment to properly execute the
working operations.
d. Substantial evidence that the Contractor has abandoned
the work .
e. Substantial evidence that the Contractor has become
insolvent or bankrupt, or otherwise financially unable
to carry on the work satisfactorily.
f . Failure on the part of the Contractor to observe any
requirements of the Contract Documents or to comply
with any orders given by the Engineer or Owner
provided for in these Contract Documents .
g. Failure of the Contractor to pro mptly make good any
defe c t in mate ri als or workmanship, or any defects o f
any n at u re t he co rrecti o n o f wh ic h has be e n dire c ted
in writing by the Engineer o r the Owner.
C7-7 (8)
' "' • I "
'•
h.
i.
j .
k.
J.
f
Substantial evidence of collusion for the purpose of
illegally procuring a contract or perpetrating fraud
on the City in the construction of work under
contract.
A substantial indication that the Contractor has made
an unauthorized assignment of the contract or any
funds due therefrom for the benefit of any creditor or
for any other purpose.
If the Contractor
fail to carry on
acceptable manner.
shall,
the
for any
working
cause whatsoever,
operation in an
If the Contractor commences legal action against the
Owner .
A copy of the suspension order or action of the City Council
shall be served on the Contractor's Sureties. When work is
suspended for any cause or causes, or when the contract is
cancelled, the Contractor shall discontinue the work or such
part thereof as the Owner shall designate, whereupon the
Sureties may, at their option, assume the contract or that
portion thereof which the Owner has ordered the Contractor to
discontinue, and may perform the same or may, with the written
consent of the Owner, sublet the work or that portion of the
work as taken over, provided however, that the Sureties shall
exercise their option, if at all, within two weeks after the
written notice to discontinue the work has been served upon
consent of the Owner, sublet the work or that portion of . the
work as taken over, provided however, that the Sureties shall
exercise their option, if at all, within two weeks after the
written notice to discontinue the work has been served upon the
Contractor and upon the Sureties or their authorized agents.
The Sureties, in such event shall assume the Contractor's place
in all respects, and shall be paid by the Owner for all work
performed by them in accordance with the terms of the Contract
Document~. All monies remaining due the Contractor at the time
of this default shall thereupon become due and payable to the
Sureties as the work progresses, subject to all of the terms of
the Contract Documents.
In case the Sureties do not, within the specified time, exercise
their right and option to assume the contract responsibilities,
or that portion thereof which the Owner has ordered the
C7-7 (9)
Contractor to discontinue, then the Owner shall have the power
to complete, by contract or otherwise, as it may determine, the
work herein described or such part thereof as it may deem
necessary, and the Contractor hereto agrees that the Owner shall
have the right to take possession of and use any materials ,
plants, tools, equipment, supplies, and property of any kind
provided by the Contractor for the purpose of carrying on the
work and to procure other tools, equipment, materials, labor and
property for the completion of the work, and to charge to the
account of the Contractor of said contract expense for labor,
materials, tools , equipment , and all expenses incidental
thereto . The expense so charged shall be deducted by the Owner
from such monies as may be due or may become due at any time
thereafter to the Contractor under and by virtue of the Contract
or any part thereof. The Owner shall not be required to obtain
the lowest bid for the work completing the contract, but the
expense to be deducted shall be the actual cost of the owner of
such work.
In case such expenses shall exceed the amount which would have
been payable under the c o ntract if the same had been completed
by the Contractor, then the Contractor and his Sureties shall
pay the amount of such excess to the City on notice from the
Owner of the excess due. When any particular part of the work
is being carried on by the Owner by contract or otherwise under
the provisions of this section, the Contractor shall continue
the remainder of the work in conformity with the terms of the
Contract Documents and in a manner that does not hinder or
interfere with performance of the work by the Owner.
C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be
considered as having been fulfilled, save as provided in any
bond or bonds or by law, when all the work and all sections or
parts of the project covered by the Contract Documents have been
finished and completed, the final inspection made by the
Engineer , and the final acceptance and final payment made by the
Owner.
C7-7 .16 TERMINATI ON FOR CONVENIENCE OF THE OWNER:
A. NOTI CE OF TERMINATI ON: The perf orman c e o f t he wo rk
u nder th i s contra ct may b e te rm inat e d b y the Owner i n
wh o le, o r fro m t ime t o time i n p art, in accord a n c e
with t his section, whenever the Owner sha l l determi ne
that such termination is i n the best interest o f the
Owner. Any such termination shall be affected by
C7-7 (IO )
B.
mailing a notice of termination to the Contractor
specifying the extent to which performance of work
under the contract is terminated, and the date upon
which such termination becomes effective . Receipt of
the notice shall be deemed conclusively presumed and
established when the letter is placed in the United
States Mail by the Owner. Further , it shall be deemed
conclusively presumed and established that such
termination is made with just cause as therein stated;
and no proof in any claim, demand or suit shall be
required of the Owner regarding such discretionary
action .
CONTRACTOR ACTION: After receipt of a notice of
termination , and except as otherwise directed by the
Engineer, the Contractor shall :
1.
2.
3.
4.
Stop work under the contract on the date and to
the extent specified in the not i ce of
termination;
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;
Terminate all orders and subcontracts to the
extent that they relate to the performance of
work terminated by the not5ice of termination;
Transfer title to the Owner and deliver in the
manner, at the times, and to the extent, if any,
directed by the Engineer:
a .
b.
the fabricated or unfabricated
in process, completed work,
other material produced as
acquired in connection with
parts, work
supplies and
a part of, or
the performance
the notice of of, the work terminated by
terminati o n; a nd
the completed, or partially
drawings, information and
which, if the contract had
would have bee n required to
the Owner .
c om pleted plans,
other property
been completed ,
be furnished to
5. Complete performance of such part o f the work as
shall no t have been terminated by the notic e o f
termination; and
C7-7 ( 11 )
F
(
6. Take such action as may be necessary, or as
Engineer may direct, for the protection
preservation of the property related to
contract which is in the possession of
contractor and in which the Owner has or
acquire the rest.
the
and
its
the
may
C. TERMINATION CLAIM: Within 6 0 days after notice of
termination, the Contractor shall submit his
termination claim to the Engineer in the form and with
the certification prescribed by the Engineer . Unless
one or more extensions in writing are granted by the
Owner upon request of the Contractor, made in writing
within such 60 -day period or authorized extension
thereof, any and all such claims shall be conclusively
deemed waived.
D. AMOUNTS: Subject to the provisions of Item C7-7.16
(C), the Contractor and Owner may agree upon the whole
or any part of the amount or amounts to be paid to the
contractor by reason of the total or partial
termination of work . pursuant hereto; provided, that
such agreed amount or amounts shall never exceed the
total contract price as reduced by the amount of
payments otherwise made and as further reduced by the
contract price of work not terminated. The contract
shall be amended accordingly, and the Contractor shall
be paid the agreed amount. No amount shall be due for
lost or anticipated profits. Nothing in C7-7 .16 (E)
hereafter, prescribing the amount to be paid to the
Contractor in the event of failure of the
Contractor by reason of the termination of work
pursuant to this section, shall be deemed to limit,
restrict or otherwise determine or affect the amount
or amounts which may be agreed upon to be paid to the
Contractor pursuant to this paragraph.
E. FAILURE TO AGREE: In the event of the failure of the
Con.tra ctor and the Owner to agre e as provided in C7-
7. 16 (D) upon the whole amount to be pa i d to the
Contractor by reason of the termina ti on of work
pursuant to this section the Owner shall determine , on
the basis of information available to it , the amount,
if any , due to the Contractor by reason of the
termination and shall pay to the Contracto r the
amounts de termined. No amount shall be due for lost
or anticipated pro f its.
C7-7 (12)
L
F. DEDUCTIONS: In arriving at the amount due the
G.
contractor under this section, there shall be deducted
(a) all unliquidated advance or other payments on
account theretofore made to the Contractor, applicable
to the terminated portion of this contract; (b) any
claim which the Owner may have against the Contractor
in connection with this contract; and (c) the agreed
price for, or the proceeds of sale of, any materials,
supplies or other things kept by the Contractor or
sold, pursuant to the provisions of this clause, and
not otherwise recovered by or credited to the Owner.
ADJUSTMENT: If the termination hereunder be partial,
prior to the settlement of the terminated portion of
this contract, the Contractor may file with the
Engineer a request in writing for an equitable
adjustment of the price or prices specified in the
contract relating to the continued portion of the
contract (the portion not terminated by the notice of
termination), such equitable adjustment as may be
agreed upon shall be made in such price or prices;
nothing contained herein, however, shall limit the
right of the Owner and the contractor to agree upon
the amount or amounts to be paid to the Contractor for
the completion of the continued portion of the
contract when said contract does not contain an
established contract price for such continued portion.
H. NO LIMITATION OF RIGHTS: Nothing contained in this
section shall limit or alter the rights which the
Owner may have for termination of this contract under
C7-7. 14 hereof entitled "Suspension or Abandonment of
the Work and Amendment of Contract" or any other right
which Owner may have for default or breach of contract
by Contractor.
C7-7 .17 SAFETY METHODS AND PRACTICES: The Contractor shall be
responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with the work at
all times and shall assume all responsibilities f o r their
enf o rcement.
The Contractor shall comply with federal, state, and local laws,
ordinances, and regulations to protect person and property from
injury, including death, or damage in connection with the work.
C7-7 (13 )
. ...
PART C-GENERAL CONDITIONS
ca-a MEASUREMENT AND PAYMENT
SECTION ca-a MEASUREMENT AND PAYMENT
SECTION cs -8. 1 MEASUREMENT OF QUANTITIES: The determination of
quantities of work performed by the Contractor and authorized by
the Contract Documents acceptably completed under the terms of
the Contract Documents shall be made by the Engineer, based on
measurements made by the Engineer. These measurements will be
made according to the United States Standard Measurements used
in common practice, and will be the actual length, area, solid
contents, numbers, and weights of the materials and items
installed.
cs -8. 2 UNIT PRICES: When in the Proposal a "Unit Price" is set
forth, the said "Unit Price" shall include the furnishing by the
Contractor of all labor, tools, materials, machinery, equipment,
appliances and appurtenances necessary for the construction of
and the completion in a manner acceptable to the Engineer of all
work to be done under these Contract Documents.
The "Unit Price" shall include all permanent and temporary
protection of overhead, surface, and underground structures,
cleanup, finished overhead expense, bond, insurance, patent
fees, royalties, risk due to the elements and other causes,
delays, profits, injuries, damages claims, taxes, and all other
items not specifically mentioned that may be required to fully
construct each i tern of the work complete in place and in a
satisfactory condition for operation.
CS -8. 3 LUMP SUM: When in the Proposal a "Lump Sum" is set
forth, the said "Lump Sum" shall represent the total cost for
the Contractor to furnish all labor, tools, materials,
machinery, equipment, appurtenances, and all subsidiary work
necessary for the construction and completion of all the work to
provide a complete and functional item as detailed in the
Special Contract Documents and/or Plans .
CS -8 .4 S CO PE OF PAYMENT: The Co nt r actor shall re c eive and
acc ept the c o mpen s at ion, as herein pro v ided, in full paym ent f or
furnishing all l abor, t o ols, materia l s, and i ncidenta l s f o r
performing all wo rk c o ntemplated and embraced under these
Contract Documents, for all loss and damage arising out of the
nature of the work or from the action of the elements, for any
C8-8 (1)
•,
unforeseen defects or obstructions which may arise or be
encountered during the prosecution of the work at any time
before its final acceptance by the Owner, ( except as provided in
paragraph C5-5. 14) for all risks of whatever description
connected with the prosecution of the work, for all expense
incurred by or in consequence of suspension or discontinuance of
such prosecution of the working operations as herein specified,
or any and all infringements of patents, trademarks, copyrights,
or other legal reservations, and for completing the work in an
acceptable manner according to the terms of the Contract
Documents.
The payment of any current or partial estimate prior to final
acceptance of the work by the Owner shall in no way constitute
an acknowledgment of the acceptance of the work, materials, or
equipment, nor in any way prejudice or affect the obligations of
the Contractor to repair, correct, renew, or replace at his own
and proper expense any defects or imperfections in the
construction or in the strength or quality of the material used
or equipment or machinery furnished in or about the construction
of the work under contract and its appurtenances, or any damage
due or attributed to such defects, which defects, imperfection,
or damage shall have been discovered on or before the final
inspection and acceptance of work or during the one year
guaranty period after final acceptance. The Owner shall be the
sole judge of such defects, imperfections, or damage, and the
Contractor shall be liable to the Owner for failure to correct
the same as provided herein.
CB-8. 5 PARTIAL ESTIMATES AND RETAINAGE: Between the 1 st and 5 th
day of each month the Contractor shall submit to the Engineer a
statement showing an estimate of the value of the work done
during the previous month, or estimate period, under the
Contract Documents. Not later than the 10 th day of the month,
the Engineer shall verify such estimate, and if it is found to
be acceptable and the value of work performed since the last
partial payment was made exceeds one hundred dollars ($100. 00)
in amount, 90% of such estimated sum will be paid to the
Contractor if the total contract amount is less than $400,000,
o r 95% o f such estimated sum wil l be paid to the Co ntractor if
t he to tal contra c t am o unt is $4 0 0,000 or greater, within twenty -
f i ve (2 5 ) days after the regu l ar est imate peri o d. The City will
h ave the o ption of preparing estima tes o n forms furnished by the
City. The pa r tial estimate may include acceptable nonperishable
materials delivered to the work whi c h are to be incorporated
into the work as a permanent part thereof, but which at the time
C8-8 (2 )
-~ of the estimate have not been installed. Such payment will be
allowed on a basis of 85% of the net invoice value thereof. The
Contractor shall furnish the Engineer such information as he may
request to aid him as a guide in the verification or the
preparation of partial estimates.
It is understood that the partial estimate from month to month
will be approximate only, and all partial monthly estimates and
payment will be subject to correction in the estimate rendered
following the discovery o.f an error in any previous estimate,
and such estimate shall not, in any respect, be taken as an
admission of the Owner of the amount of work done or of its
quality of sufficiency, or as an acceptance of the work done or
the release of the Contractor of any of his responsibil.:j.ties
under the Contract Documents.
The City reserves the right to withhold the payment of any
monthly estimate if the contractor fails to perform the work
strictly in accordance with the specifications or provisions of
this contract.
CS -8. 6 WITHHOLDING PAYMENT: Payment on any estimate or
estimates may be held in abeyance if the performance of the
construction operations is not in accordance with the
requirements of the Contract Documents .
CS-8.7 FINAL ACCEPTANCE: Whenever the improvements provided for
by the Contract Documents have ·been completed and all
requirements of the Contract Documents have been fulfilled on
the part of the Contractor, the Contractor shall notify the
Engineer in writing that the improvements are ready for the
final inspection. The Engineer shall notify the appropriate
officials of the Owner, who will within a reasonable time make
such final insp ec tion, and if the work is satisfactory, in an
acceptable condition, and has been completed in accordance with
the terms of the Contract Documents and all approved
modifications thereof, the Engineer will init iate the processing
of the final estimate and recommend final acceptance o f the
project and final payment therefor as outlined in CS-8.8 below.
C8-8 . 8 FINAL PAYMEN T: Whenever all the improvements provided
for by the Contract Documents and all approved modifications
thereof shall have been completed and all requirements of the
Contract Documents have been fulfilled on the part of the
Co ntra ctor , a final estimate showing the value of the work will
be prepared by the Engineer as soon as the necessary
measurements, computations , and checks can be made .
C 8-8 {3)
. . ..
All prior estimates upon which payment has been made are subject
to necessary corrections or revisions in the final payment.
The amount of the final estimate, less previous payments and any
sums that have been deducted or retained under the provisions of
the Contract Documents, will be paid to the Contractor within 60
days after final acceptance by the Owner on a proper resolution
of the City Council, provided the Contractor has furnished to
the Owner satisfactory evidence of payment as follows: Prior to
submission of the final estimate for payment, the Contractor
shall execute an affidavit, as furnished by the City, certifying
that all persons, firms, associations, corporations, or other
organizations furnishing labor and/or materials have been paid
in full, that the wage scale established by the City Council in
the City of Fort Worth has been paid, and that there are no
claims pending for personal injury and/or property damages.
The acceptance by the Contractor of the last or final payment as
aforesaid shall operate as and shall release the Owner from all
claims or liabilities under the Contract for anything done or
furnished or relating to the work under Contract Documents or
any act or neglect of said City relating to or connected with
the Contract.
The making of the final payment by the Owner shall not relieve
the Contractor of any guarantees or other requirements of the
Contract Documents which specifically continue thereafter.
C8 -8. 9 ADEQUACY OF DESIGN: It is understood that the Owner
believes it has employed competent Engineers and designers to
prepare the Contract Documents and all modifications of the
approved Contract Documents. It is, therefore, agreed that the
Owner shall be responsible for the adequacy of its own design
features, sufficiency of the Contract Documents, the safety of
the structure, and the practicability of the operations of the
completed project, provided the Contractor has complied with the
requirements of the said Contract Documents, all approved
mo dificati o ns thereof, and additions and alterations thereto
ap p r oved in wri ting b y t h e Owner. The b urden of pro of of such
compli a n c e s hall be up o n the Co ntracto r to show that he has
compli e d wi t h the said r equ i reme nts o f t h e ·Contra c t Do cuments,
a pproved mo difi c at ions t he r e o f, and a l l appro ved additi o ns a n d
alterati o ns theret o .
C8-8 (4)
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CS-8.10 GENERAL GUARANTY: Neither the final certificate of
payment nor any provision in the Contract Documents n o r partial
o r entire occupancy or use of the premises by the Owner shall
constitute an acceptance of work not done in accordance with the
Contract Documents or relieve the Contractor of liability in
respect to any express warranties or responsibility for faulty
materials or workmanship. The Contractor shall remedy any
defects or damages in the work and pay for any damage to other
work resulting therefrom which shall appear within a period of
one year from the date of final acceptance of the work unless a
longer period is specified and shall furnish a good and
sufficient maintenance bond in the amount of 100 percent of the
amount of the contract which shall assure the performance of the
general guaranty as above outlined. The Owner will give notice
of observed defects with reasonable promptness.
CS-8.11 SUBSIDIARY WORK: Any and all work specifically governed
by documentary requirements for the project, such as conditions
imposed by the Plans, the General Contract Documents or these
Special Contract Documents, in which no specific item for bid
has been provided for in the Proposal, shall be considered as a
subsidiary item of work, the cost of which shall be included in
the price bid in the Proposal, for each bid i tern. Surface
restoration, rock excavation and cleanup are general items of
work which fall in the category of subsidiary work.
CS-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be
allocated under various bid items in the Proposal to establish
unit prices for miscellaneous placement of material. These
materials shall be used only when directed by the Engineer,
depending on field conditions . Payment for miscellaneous
placement of material will be made for only that amount of
material used, measured to the nearest one-tenth unit. Payment
for miscellaneous placement of material shall be in accordance
with the General Contract Documents regardless of the actual
amount used fo r the project .
CS -8. 13 RECORD DOCUMEN TS: Contrac t or shall keep o n record a
copy of all specifications, plans, addenda, modifications, shop
drawings and samples at the site , in good order and annotated to
show all changes made during the c o nstruction process . These
shall be delivered to Engineer upon c o mpleti o n of the work .
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SECTION Ct:
SUPPLEMENTARY CONDITIONS TO PART C -GENERAL CONDITIONS
A. General
8.
C.
D .
These Supplementary Conditions amend or supplement the General Conditions of the
Contract and other provisions of the Contract Documents as indicated below. Provisions
which are not so amended or supplemented remain in foll force and affect.
C8-8 .5 PARTCAL ESTIMATES AND RETAlNAGE: Page C8-8 (2), should be deleted in
its entirety and replaced with the following:
Partial pay estimates shall be submitted by the Contractor or prepared by the City on the
5th day and 20th day of each month that the work is in progress. The estimate shall be
proceeded by the City on the I 0th day and 25th day respectively. Estimates will be paid
within 25 days following the end of the estimate period, less the appropriate retainage as
set out below. Partial pay estinmtes may include acceptable nonperishable materials
delivered to the work place which are to be incorporated into the work as a pennanent
part thereof, but which at the time of the pay estimate have not been so installed. If such
materials are included within a pay estimate, payment shall be based upon 85% of the net
voice value thereof The Contractor will furnish the Engineer such information as may be
reasonably requested to aid in the verification or the preparation of the pay estimate .
For contracts of less than $400,000 at the time of execution, retainage shall be ten per cent
( 10%). For contracts of $400,000 or more at the time of execution, retainage shall be five
percent (5%).
Contractor shall pay subcontractors in accord with the subcontract agreement within five
(5) business days after receipt by Contractor of the payment by City. Contractor's failure
to make the required payments to subcontractors will authorize the City to withhold foture
payments from the Contractor until compljance with thjs paragraph is accomplished.
· It is understood that the partial pay estimates will be approximate only, and all partial pay
estimates and payment of same will be s ubject to correction in the estimate rendered
following the discovery of the mjstake in any previous estimate. Partial payment by
Owner for the amount of work done or of its quality or sufficiency or acceptance of the
work done; shall not release the Contractor of any of its responsibilities under the
Contract Documents.
The City reserves the right to withhold the payment of any partial estimate if the
Contractor fails to perform the work in strict accordance with the specifications or other
provi s ions of this contract.
Part C -General Conditions: Paragraph C3-3 . l l of the General Conditions is deleted a nd
replaced with D-3 of Part D -Special Conditions.
C3-3. I l INSURANCE: Page C3-3 (6): Delete s ubparagraph "g. LOCAL AGENT FOR
INSURANCE AND BONDING "
Revised
10 /24/02
Pg . I
E. C6-6. l 2 CONTRACTOR'S RESPONSIBUTY FOR DAMAGE CLAIMS: Page C6-6
(8), is deleted in its entirety and replaced with the following:
F.
Contractor covenants and agrees to indenmify City's engineer and architect, and their
personnel at the project site for Contractor 's sole negligence. In addition, Contractor
covenants and agrees to indemnify, hold hannless and defend, at its own expense , the
Owner, its officers, servants and employees, from and against any and all claims or suits
for property loss, property damage, personal injury, including death , arising out of, or
alleged to arise out of, the work and services to be perfonned hereunder by Contractor, its
officers, agents, employees, subcontractors, licensees or invitees, whether or not any such
iniury. damage or death is caused, in whole or in part, by the negligence or alleged
negligence of Owner, its officers, servants, or employees. Contractor likewise covenants
and agrees to indemnify and hold harmless the Owner from and against any and all injuries
to Owner's officers, servants and employees and any damage, loss or destruction to
property of the Owner arising from the perfom1ance of any of the tem,s and conditions of
this Contract, whether or not any such iniury or damage is caused in whole or in part
by the negligence or alleged negligence of Owner, its officers, servants or employees.
In the event Owner receives a written claim for damages against the Contractor or its
subcontractors prior to final payment, final payment shall not be made until Contractor
either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a
release from the claimant involved, or (b) provides Owner with a letter from Contractor's
liability insurance carrier that the claim has been referred to the insurance carrier.
The Director may, if he deems it appropriate , refuse to accept bids on other City of Fort
Worth public work from a Contractor against whom a claim for damages is outstanding as
a result of work perfonned under a City Contract.
INCREASED OR DECREASED QUANTITIES: Part C -General Conditions, Section
C4-4 SCOPE OF WORK, Page C 4-4 (1), revise paragraph C4-4.3 INCREASED OR
DECREASED QUANTITIES to read as follows:
The Owner reserves the right to alter the quantities of the work to be perfom1ed or to
extend or shorten the improvements at any time when and as found to be necessary, and
the Contractor shall perform the work as altered, increased or decreased at the unit prices
as established in the contract documents. No allowance will be made for any changes in
lost or anticipated profits nor shall such changes be considered as waiving or invalidating
any conditions or provisions of the Contract Documents.
Variations in quantities of sanitary sewer pipes in depth categories shall be interpreted
he rein as applying to the overall quantities of sanitary sewer pipe in each pipe size but not
to the yarious depth categories.
-.
G. C3-3 . I l INS U RANCE: Page C3-3 (7 ): Add subparagraph ''h. ADDITIONAL
Revised
10/24/02
Pg. 2
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INSURANCE REQ U IREM E NTS "
a . The City , its offic ers, e mployees and serva nts shall be endorsed as an additional in sured
on Contractor's in surance policies excepting employer's liability in suranc e co ve rage under
Contractor's workers' compen sa tion insurance policy .
b. Certificates of in surance shall be deli vered to the City of Fort Worth , contract
admini strator in the . re spective de partment as specifi ed in the bid do cuments , 1000
Throckmorton Street , fort Worth , TX 76102 , prior to commencement of work on the
contracted project.
c. Any failure on part of the City to request required insurance documentation shall not
constitute a w a iver of the insurance requirement s specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days
notice of cancellation, non-renewal , and/or material change in policy terms or co verage.
A ten days notice shall be acceptable in the event of non-payment of premium .
e . Insurers must be authorized to do business in the State of Texas and have a current
A.M . Best rating of A: Vll or equivalent measure of financial strength and solvency.
f. Deductible limits, or self-funded retention limits , on each policy must not exceed
$10 ,000.00 per occurrence unless otherwise approved by the City.
g . Other than worker's compensation insurance, in lieu of traditional insurance , City may
consider alternative coverage or risk treatment measures through insurance pools or risk
retention groups. The City must approve in writing any alternative coverage .
h. Workers' compensation insurance policy(s) covering employees employed on the
project shall be endorsed with a waiver of subrogation providing rights of recov ery in
fa vor of the City.
i. City shall not be re spon s ible for the direct pa yment of in surance premium co sts for
contractor's in surance.
j . Contractor's in surance policie s shall each be endorsed to pro vide th at such insuran ce is
prin1.ary protect ion and any se lf-funded or commercial co ve ra ge ma int ain ed by City shall
no t be c a ll ed upon to co ntribute to lo ss rec ove ry .
k . In the co ur se of th e pro jec t , Co nt ra ctor sha ll re po rt , in a t im e ly n1.a nn er, to City's
offi ci a lly des ign ated co ntra ct adminis tra to r any kn own loss oc curre nc e whi c h c o uld give
ri se to a li a bility c laim or law suit or whi ch could re sult in a property lo ss.
l. Contractor's li abi.l ity shall not be lim ited to the spec ified amounts_ of in s ura nce
requir ed here in .
Revise d
10/24/02
Pg . 3
H.
m. Upon the request of City, Contractor shall provide complete copies of all insurance
policies required by these contract documents.
C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8-8( I) ts
deleted in its entirety and replaced with the following:
The Contractor shall receive and accept the compensation as herein provided, in full
payment for furnishing all labor, tools, materials, and incidentals for perfonning all work
contemplated and embraced under these Contract Documents, for all loss and damage
arising out of the nature of the work or from the action of the elements, for any
unforeseen defects or obstrnctions which may arise or be encountered during the
prosecution which may arise or be encountered during the prosecution of the work at any
time before its final acceptance by the Owner, (except as provided in paragraph CS-5.14)
for all risks of whatever description connected with the prosecution of the work, for all
expenses incurred by or in consequence of the suspension or discontinuance of such
prosecution of the working operations as herein specified, or any and all infringements of
patents, trademarks, copyrights, or other legal reservations, and for completing the work
in an acceptable manner according to the terms of the Contract Documents.
The payment of any current or partial estimate prior to the final acceptance of the work by
the Owner shall in no way constitute an acknowledgment of the acceptance of the work,
materials, or equipment, nor in any way prejudice or affect the obligations of the
Contractor to repair, correct, renew, or replace at his own and proper expense any defects
or imperfections in the construction or in the strength or quality of the material used or
equipment or machinery furnished in or about the constrnction of the work under contract
and its appurtenances, or any damage due or attributed to such defects, which defects,
imperfections, or damage shall have been discovered on or before the final inspection and
acceptance of the work or during the two (2) year guaranty period after the final
acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage,
and the Contractor shall be liable to the Owner for failure to correct the same as provided
herein.
I. CS-8.10 GENERAL GUARANTY: Delete CS-8.10, General Guaranty at page C8-8(4) is deleted
in its entirety and replaced with the following:
Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or
entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not
done in accordance with the Contract Documents or relieve the Contractor of liability in respect to
any express warranties or responsibility for faulty materials or workmanship . The Contractor shall
remedy any defects or damages in the work and pay for any daniage 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 in the amount of I 00 percent of the amount of the contract which shall assure
the performance oft he general g1iaranty as above outlined. The Owner will give notice of observed
defects with reasonable promptness.
Revised Pg. 4
l 0 /24/02
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K.
Any reference to any shorter period of time of warranty contained elsewhere within the
specifications shall be resolved in favor of this specifications, it being the City's intent that
the Contractor guarantee its work for a period of two (2) years following the date of
acceptance of the project.
In the Special Instructions to Bidders , TPW contracts place the following in lieu of the
existing paragraph 2.
Part C -General Conditions, Section C2-2 fNTERPRETATION AND PREPARATION
OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2 .7 , C2-2.8 and C2 -2.9 with the
following:
C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is
delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his
representative at the official location and stated time set forth in the "Notice to Bidders ."
It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper
place. The mere fact that a proposal W<,lS dispatched will not be considered. The Bidders
must have the proposal actually delivered. Each proposal shall be in a sealed envelope
plainly marked with the word "PROPOSAL," and the name or description of the project as
designated in the "Notice to Bidders." The envelope shall be addressed to the Purchasing
Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas
76102 .
C2-2.8 WITHDRAWING PROPOSALS : Proposals actually filed with the Purchasing
Manager cannot be withdrawn prior to the time set for opening proposals. A request for
non-consideration of a proposal must be made in writing, addressed to the City Manager,
and filed with him prior to the time set for the opening of proposals. After all proposals
not requested for non-consideration are opened and publicly read aloud, the proposals for
which non-consideration requests have been properly filed may, at the option of the
Owner, be returned unopened.
C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify
his proposal by telegraphic communication at any time prior to the time set for opening
proposals , provided such telegraphic communication is received by the Purchasing
Manager prior to the said proposal opening time , and provided further , that the City
Manager is satisfied that a written and duly authenticated confinnation of such telegraphic
communication over the signature of the bidder was mailed prior to the propo sal opening
time . [f such confirrnation is not received within forty-eight ( 48) hours after the propo s al
opening time , no further cons ideration will be giv e n to the proposal
C 3-3.7 BONDS {CITY LET PROJ ECTS): Reference Part C , General Conditions , da ted
November 1, 1987; (City let projects) make t he following revisions :
I. Page C 3-3 (3); the paragraph a fter paragraph C3-3 .7d Othe r Bond s should be revi se d to
read :
Revi sed
10/24/02
Pg. 5
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L.
In order for a surety to be acceptable to the City , the surety must (1) hold a certificate of
authority from the United States secretary of the treasury to qualify as a surety on
obligations permitted or required under federal law; or (2) have obtained reinsurance for
any liability in excess of $100 ,000 from a reinsurer that is authorized and admitted as a
reinsurer in the state of Texas and is the holder of a certificate of authority from the
Untied States secretary of the treasury to qualify as a surety on obligations permitted or
required under federal law. Satisfactory proof of any such reinsurance shall be
provided to the City upon request. The City , in its sole discretion, will determine the
adequacy of the proof required herein.
2. Pg . C3-3(5) Paragraph C3-3. l l INSURANCE delete subparagraph "a.
COMPENSATION INSURANCE".
3. Pg. C3-3(6), Paragraph C3-3. l 1 INSURANCE delete subparagraph "g. LOCAL
AGENT FOR INSURANCE AND BONDING".
RIGHT TO AUDIT: Part C -General Conditions , Section C8-8
MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following :
C8-8. l4 RIGHT TO AUDIT:
(a) 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 nonnal working hours to all necessary Contractor facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The City shall give contractor reasonable advance notice of
intended audits.
(b) Contractor forther agrees to include in all its s ubcontracts hereunder a provision to the
effect that the s ubcontractor agrees that the City shall, until the expiration of three (3)
years after final payment under the subcontract , have access to and the right to examine
and photocopy any directly pertinent books, documents, papers and records of such
subcontractor, involving transactions to the subcontract, and further, that City shall ",:
have access during normal working hours to all subcontractor facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in compliance
with the provisions of this article. City shall give subcon tractor reasonable advance notice
of intended a udit s.
( c) Contractor and subcontractor agree to photocopy s uch documents as may be
reques ted by the C ity. The City agrees to reimburse the Contractor for the cost of copies
as follows:
I . 50 copi es and under -l O cen ts per page
Re vised Pg . 6
l 0/24 /02
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2, More than 50 copies -85 cents for the first page plus
fifteen cents for each page thereafter
SITE P REPARAT ION:
The Contractor shall clear rights-of-way or easements of obstrnction which must be
removed to make possible proper prosecution of the work as a part of this project
constrnction operations . The contractor's attention is directed to paragraph C6-6. l O work
within easements, page C6-6(4), part C -General Conditions of the Water Department
General Contract Document and General Specifications.
Clearing and restoration shall be considered as incidental to constrnction and all costs
incurred will be considered to be included in the Linear Foot price of the pipe.
Reference Part C -General Conditions, Section C6-6.8 BARRICADES, WARN IN GS
AND WATCHMEN:
1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the
word flagmen .
2. In the first paragraph, lines five (5) and six (6), change the phrase take all such other
precautionary measures to take all reasonable necessary measures.
MINORITY/WOMEN BUSINESS ENTERPRISE COMPLIANCE:
Reference Part C (General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS
ENTERPRISE/WOMEN -OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be
deleted in its entirety and replaced with the following:
Upon request, Contractor agrees to provide to Owner complete and accurate information
regarding actual work perfonned by a Minority Business_ Enterprise (MBE) and/or a
Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor
further agrees to permit an audit and/or examination of any books, records or files in its
possession that will substantiate the actual work perfom1ed by an MBE and/or WBE. The
misrepresentation of facts ( other than a negligent misrepre s entation) and/or the
commission of fraud by the Contractor will be grounds for tennination of the contract
and/or initiating action under a ppropriate federal, s tate or local laws or ordinance s relating
to fal s e statements ; further , a ny such misrepresentation ( other than negligent
mi srepre s entation) a nd/or commiss ion of fraud will re s ult in the Contractor being
detennined to be irres pons ible a nd barred from participating in City work for a period of
time of not less than thee (3) years .
Revised
10/24 /02
Pg . 7
P. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with
the following:
(a) The contractor shall comply with all requirements of Chapter 2258 , Texas Government
Code, including the payment of not less than the rates determined by the City Council of
the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258 ,
Texas Govei-runent Code. Such prevailing wage rates are included in these contract
documents .
(b) The contractor 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. These records shall be open at all
rea sonable hours for inspection by the City. The provisions of Section C-1, L. Right to
Audit (Rev. 9/30/02) pertain to this inspection.
( c) The contractor shall include in its subcontracts and/or shall otherwise require all of its
subcontractors to comply with paragraphs (a) and (b) above .
(d) With each partial payment estimate or payroll period, whichever is less, an affidavit
stating that the contractor has complied with the requirements of Chapter 2258, Texas
Government Code.
The contractor shall post the prevailing wage rates in a conspicuous place at the site of the
project at all times.
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I 0/24 /02
PARTD
SPECIAL CONDITIONS
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PART D -SPECIAL CONDITIONS
~
D-1 GENERAL: Subject to modifications as herein contained, the Fort Worth Water Department's General
Contract Documents and Specifications, effective January I , 1978 , with the latest revisions , are made a part of the
Contract Documents for this project. The Plans, Special Conditions and Special Provi s ions Documents, and the
rules , regulations , requirements, in s tructions , drawings or details referred to by manufacturer's name, number or
identification included therein as spec ifying , referring, or implying product control , performance, quality , or other
shall be binding upon the Contractor. The specifications and drawings shall be considered cooperative: therefore,
work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a
faithful manner as though required by all.
The order or precedence in case of conflicts or discrepancies between various parts of the
Contract Documents subject to the ruling of the Owner shall generally, but not necessarily, follow the guidelines
listed below:
I. Plans
2. Special Contract Documents and Specifications
3. General Contract Documents and Specifications
The following Special Conditions shall be applicable to this project and shall govern over any conflicts with the
General Documents under the provisions stated above.
D-2 PROJECT DESIGNATION: Work under these Special Documents shall be perfonned under the
following Fort Worth Water Department Project Designation:
INTERCEPTOR CONDITION ASSESSMENT PROGRAM
Contract 2 -Large Diameter Sanitary Sewer Cleaning
Project No.: ICAP09-2
D-3 MINORITY AND WOMEN BUSINESS {M/WBE) ENTERPRISE COMPLIANCE: An M/WBE goal
of 7 percent has been established for this project and all M/WBE requirements are applicable . Please refer to Part
Cl Supplementary Conditions to Part C , Section B, Item D MINORITY AND WOMAN BUSINESS (M/WBE)
ENTERPRISE COMPLIANCE for a detailed description of the M/WBE requirements.
D-4 PRE-PROJECT CONFERENCE AND SUBMlTT ALS: Before the project notice to proceed is iss ued ,
a pre-project conference s hall be held with representatives of the City Water Department and the s uccessful
Contractor. Contractor shall s ubmit a Spill Prevention Plan , a Safety Plan , an equipment list and a list of personnel
and contact names, their phone numbers and email address.
D-5 PERl'\11TING, INSURANCE AND ADDITIONAL REQUIREMENTS: Seven days prior to initiating
operations, the Contractor shall apply for an Environmental Site Pennit with the City of Fort Worth Water
Department, Pretreatment Services Divi s io n (817) 8 7 1-8305 . All vehicles and equipment used in the tran s portation ,
storage and disposal of debris removed during cleaning operations are required to meet criteria as described in City
ofFo rt Worth Ordinance No. 12 274, Article VII "L iquid Wa ste s'.'. A copy of this Ordinance is available for rev iew
a t the office of the Engineer. T he Con tracto r 's tran s porters mu s t be registered with the Texas Commissio n on
Environmental Quality (TCEQ).
All so lids or semi-solids resulting from the work s hall be characterized by the Contractor. The Contractor s hall
dispose of the waste at the Cold Springs Proce ss ing facility.an approved disposal s ite for this waste classification.
All mate rials s hall be removed from the s ite , at a minimum , at the end of each workday. Waste may not be sto red in
a TCEQ permitted mobile closed container for more than 4 days.
Fort Worth Water Department Part D -Special Co nditions Pagel of 13 7/21 /2009
The Contractor shal I prepare and submit a "Spi 11 Prevention and Counter Control Plan " that will address handling of
any spills to the environment. If an accidental discharge or spill occurs during the work, the Conhactor is
responsible for taking appropriate actions to prevent harm to human health and the environment as required liy
applicable Federal , State and local laws . The Fort Worth Depa1tment of Environmental Management and Water
Department Pretreatment Services shall be contacted immediately .
Registered transporters must maintain copies of their TCEQ registration letter and application in all vehicles used on
the project. The transporter must maintain a record of each individual collectioiand deposit in the form of a trip
ticket. (See City of Fort Worth Ordinance No. 12274, Article VII , Section 12.5-711 , (k).) Environmental Site
Inspections can be made at any time during the duration of the project. Proof of proper TCEQ registration and trip
ticket records must be provided immediatelywhen requested . Both State and City will perform environmental site
inspections during the course of the project.
The Contractor WILL NOT BE ALLOWED to apply chemicals or biological materials for the purpose of root
control or grease removal on this project.
D-6 DETERMINATION AND INITIATION OF WORK: The Engineer, or his representative, shall
determine and designate to the Contractor the location of the sewer main requiring cleaning by issuing a Work
Order. The Engineer shall notify the Contractor that a Work Order is ready and fax the Contractor a copy of the
Work Order notification with maps. The Contractor is to provide his fax number to the Engineer at the Pre-
Construction Conference. Single or multiple work orders may be issued at one time. The Owner reserves the right
to issue Work Orders utilizing one or any combination of the various bid items contained within theontract.
The Contractor shall initiate work within seven (7) working days of the date the Work Order is faxed to the
Contractor, and continue work on the Work Order until it has been completed. The Contractor shall furnish and
supply sufficient equipmert and personnel to complete the Work Order in the amount of time provided for i1the
Work Order. Should the Contractor fail to start any Work Order within the time specified, he shall add the necessary
work crews and equipment to prosecute the work to complete the Work Order or Work Orders in the time provided
thereof.
D-7 WORK ORDER COMPLETION TIME: Refere.nce Part C, General Conditions, Section C7-7
Prosecution and Progress, paragraph C7-7. IO Time Of Completion, the ft rst two subparagraphs sh al I not apply and
shall be superseded by the following: ·
The time of completion of each individual Work Order is an essential element of this contract. Each Work Order
issued will have a maximum number of calendar days allowed for the completion of that s peci fie Wk Order.
The number of calendar days specified wi II be calculated as fol lows: The total estimated cost for the specific Work
Order divided by 11,000 (rounded up)+ 30 days= Number of Calendar Days allowed for completion of the Work
Order.
If a new Work Order is issued before the expiration of Calendar Days of the previous Work Order, the number of
Calendar Day s for the new Work Order will be added to the calculated completion date of the previous Work Order.
Failure by the Contractor to complete the individual Work Order within the s pecified time allowed will be
interpreted as liquidated damages suffered by the Owner. For each calendar day that any Work Order shall remain
uncompleted after the time s pecified in the Work Order, or the increa sed time granted by the Owner. or as
automatically increa sed by additional work or materials o rdered afterthe Work Order is iss ued , the sum per day, per
W ork Order, as outlined in the sc hedule under Part C , Section C7-7 Pro sec ution and Progre ss paragraph C7-7. I 0
Time of Completi o n , will be deducted from m o nie s due the Contractor.
fort Worth Water Department Part D -Special Condi ti ons Page 2 of 13 7/2 1/2009
D-8 BID QUANTITIES: Bid quantities of the various items in the Proposal are for bid comparison only and
maY.not retl ~ctthe actual quantities(See General Conditions_C2-2.2 and C4-4 .3). Moreover, there is to be no limit
on th e variattons between the estimated quantities shown and the actual quantities performed.
D-9 LIQUIDATED DAMAGES: The Contractor shall pay liquidated damages of twenty-five dollars ($25.00)
per day per Work Order, for failure to begin a Work Order within seven (7) working days of the date the Work
Order is faxed to the Contractor. Failure to complete the project within the stipulated constniction time on the Work
Order will result in liquidated damages being deducted from monies due the Contractor. Liquidated damages will be
in the amount stipulated in these contract documents, under D-7 , and as outlined in Section C7-7. IO Time of
Completion of the general contract documents.
D-10 AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines
relating to. working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS ".
Typically, the OZONE SEASON , within the Metroplex area, runs from May I , through OCTOBER 31 }Vith 6:00
a.m. -10:00 a.m . being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HA VE ENOUGH TIME TO
BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION.
The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will
issue the Air Pollution Watch by 3:00 p.m . on the afternoon prior to the WATCH day. On designated Air Pollution
Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air
Pollution Watch Days and as such shall not begin work until I 0:00 a.m. whenever construction phasing requires the
use of motorized equipment for periods in excess of I hour. However, the Contractor may begin work prior to I 0:00
a.m . if use of motorized equipment is less than I hour, or if equipment is new and certified by EPA as "Low
Emitting",or equipment bums Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG.
If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7 :00
a.m. -6:00 p .m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added
onto the allowable weather days of a given month .
D-11 JOB MOVE-IN: A Work Order may contain one or more deployment locations. One "PROJECT
MOBILIZATION AND SETUP" fee will be paid to the contractor per Work Order issued, regardless of the number
of deployment locations included.
D-12 EMERGENCY JOB MOVE-IN: The Owneror Engineer shall determine when an emergency situation
shall exist. When emergency work is required , the Contractor shall mobilize to the said location within twenty-four
(24) hours after being given notification from the inspector and/or Project Manager. The Contractor shall make all
necessary arrangements for bypass pumping, setting up barricades, notifying citizens, etc. After the emergency work
has been completed, there will be no additional Job Move-In charges paid to remobili:.re back to the previous project
location.
D-13 LIFE OF CONTRACT: It is contemplated that Work Orders will be 'issued to the Contractor for work to
be performed under this Contract for not to exceed 365 calendar days following the date of the Notice to Proceed or
expenditure of $716 ,000 whichever s hould occur fir st. The Contractor s hall be required to complete any work
covered by a Wo rk Order iss ued prior to that date of tennination but will not be required to accept an y Work Order
for executio n dated after that date of termination. If the co s t of the w o rk performed under thi s Contract is le ss than
$7 16 ,000 at the end of the 365 calendar day period , at the City 's o ption and the Contractor 's-concurrence, the
Project may be extended to the$716,000 maximum price .
D-14 OPTION TO RENEW: The City has the right to renew this contract for THREE (3) o ne y ear
terms/expenditures under the same terms, conditions, and unit price s. The City s hall give the C o ntractor at lea s t
s ixty (60) days notice prior to the expiration o f one year from the date o f the Notice to Proceed if it c hooses to
execute the o ption to renew .
Fort Worth Water De partment Part D -Special Co nditi ons Pag e 3 of 13 7/2 1/2009
0-15 INDEMNIFICATION: CONTRAC TOR cove na nt s and ag rees to , and doe s hereby , indemnify and hold
harmle ss and defend the CITY , its officers, age nts , and employees , fr om and against any and all suits or claims f6r
damage s or injurie s, including death, to any and all perso ns or property, re s ulting fr om an y negligent act of omission
or commission on the part of CONTRACTOR, it s o ffic e rs , agents , se rvants , emplo yee s or subcontractors in the
performance of this Agreement , and CONTRACTOR doe s hereby ass ume all liability and responsibility for injuries ,
claims or s uits for damages , to per so ns · or property , of what soeve r kind o f character, whether real or asserted ,
occurring during or ari s in g out o f the performanc e of thi s Agreement ,a s a re s ult of an y negligent act ofomiss ion or
commis s ion on the part of CONTRAC TOR, it s officers , agents , servants , employees or subcontractors in the
performance of this Agre ement , provided , ho weve r, that CON T RACTOR 's liability shall be limited to that
establi shed in Article 6252-19 , Texas Revis ed C i vil Statut es, and other applicable state statute s and constitutional
prov1s1ons.
D-16 TERMINATION OF CONTRACT: If the Contractor shall be adjudged bankrupt , or ifhe should make a
general assignment for the benefit of his creditors , or if a receiver should be appointed on account of his insolvency ,
or if he should persistently or repeatedly refuse or should fail , except in cases for which extension of time is
provided , to s uppl y enough properly skilled workmen , equipment or proper material s, or if he should fail to make
prompt payment to Subcontractor or for material or labor, or persistently disregard laws , ordinances or the
instructions of the Owner, or otherwise be guilty of a substantial violation of any prov is ion of the Contract then the
Owner upon the certificate of the Owner that sufficient cause exists to justify such action may without prejudice to
any other right or remedy and after giving the Contractor seven (7) days written notice tenninate the employment of
the Contractor and take possession of the premises and of al I materials , tools , and appliance thereon and finish the
work by whatever method the Owner may deem expedient. In such case , the Contractor shall not be entitled to
receive an y further payment until the work is finished . If the unpaid balance of the Contract Price shall exceed the
expense of finishing the work , including compensation for additional managerial and administrative service , such
excess shall be paid to the Contractor . If such expense shall exceed such unpaid balance the Contractor shall pay the
difference to the Owner as herein provided and the damage incurred through the Contractors fault shall be certified
by the Owner.
In the event of termination of Contract before completion of the work due to abandonment of the project or
di scontinuance thereof, the Contractor will be paid in proportion to the work completed and in progress as per scope
of work described in the Contract Documents aid in accordance with the unit price schedule .
D-17 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
I . Worker's Compen sation Insurance Coverage
a. Definitions :
Ce11i fication of coverage ("certificate"). A cop y o f a certificate o f in sur ance , a certificate of auth ority to
self-insured issued by the comm iss bn, or a coverage agreement (TWCC-81 , TWCC-82 , TWCC-83 , or
T WCC-8 4 ), s howing statutory work e rs' compen sati on in s urance cov era ge for the per so n 's or e ntitie s'
empl oy ee s providing se rvice s on a pnject for the durati on o f th e project.
Durati o n o f the projec t include s the time fr om the beg innin g o f the work on the project until th e
Co nt ra ct or's /pe rso n's work on the project has bee n co mpl eted and acc e pted by the gove rnm ental entity .
Per so ns pro v idin g servi ces on the proje ct ("S ub co ntra c to r" in 406 .096 ) include s all pers ons or entitie s
perfo rmin g a ll or pa11 o f the serv ices the Co ntract o r has undert aken to perform on the proj ect ,
rega rdl ess o f wh eth er th at person contra cted direc tl y with th e Co ntractor and reg ardle ss of wheth er that
pe rso n ha s empl oy ees. Thi s in c lude s, with out limit ati on, indep e ndent Co ntracto rs, s ubcontractors,
lea s in g compani es, moto r carri e rs, ow ner-o perat ors, empl oy ees o f an y such entity , or emplo yees o f an y
Fo rt Wort h Water De partm ent Part D -Spec ial Co nditi ons Pag e -l of 13 7/2 1/2009
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entity that furnishes persons to provide services on the project. "Services" include, without limitation,
providing, hauling , or delivering equipment or materials, or providing labor, transportation , or other
services related to a project. "Services" does not include activities unrelated to the project such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
b. The Contractor shall provide coverage based on proper reporiing of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.01 I ( 44) for all employees of the Contractor providing services on the project,
for the duration of the project.
c. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
d. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
e. The Contractor shall obtain from each person providing services on a project, and provide to the
governmental entity:
1) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project, and
2) no later than seven days after receipt by the Contractorfi new certificate of coverageshowing
extension of coverage, if the coverage period shown on the curren_t certificate of coverage ends
during the duration of the project.
f. The Contractor sh al I retain al I required certificates of coverage for the duration of the project and for
one year thereafter.
g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery
within ten ( 10) days after the Contractor knew or should have known of any change that materially
affects the provision of coverage of any person providing services on the project.
h. The Contractor shall post on each project site a notice in the text, form and manner prescribed by the
Texas Worker's Compensation Commission, informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify coverage and report lack of
coverage.
1. The Contractor shall contractually require each person with whom it contracts to provide services on a
project to :
1) Provide coverage, based on proper reporting on classification codes and payroll amounts and
filing of any coverage agreements which meets the statutory requirements of Texas Labor Code.
Section 401 .0 I 1 ( 44) for all of its employees providing services on the project, for the duration
of the project:
2) Provide to the Contractor prior to that person beginning wo rk on the project, a ce11ificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project for the duration of the project.
Fort Worth Water Department Part D -Special Co nditi ons Pa ge 5 of 13 7/21 /2009
3) Provide the Contractor, prior to the end of the coverage, a new certificate of coverage showing
extension of coverage if the coverage period shown on the current certi fie ate of cover!tge ends.
during the duration of the project: '
4) Obtain from each other person with whom it contracts, and provide to the Contractor:
a. a certificate of coverage, prior to the other person beginning work on the project and;
b. a new certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project:
5) Retain all required certificates of coverage on file for the duration of the project and for one year
thereafter:
6) Notify the governmental entity in writing by certified mail or personal delivery, within Ten ( I 0)
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any personproviding services on the project; and
7) Contractually require each person with whom it contracts, to perform as required by paragraphs
(I) -(7) with the certificates of coverage to be provided to the person for whom they are
providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor
is representing to the governmental entity that all employees of the Contractor who will provide
services on the project will be covered by worker's' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage-insured, with the commission's Division of Self-insurance Regulation.
Providing false or misleading information may subject the Contractor to administrative, criminal, civil
penalties or other civil actions.
k. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor does not
remedy the breach within ten days after receipt of notice of breach from the governmental entity.
2. The Contractor shall post a notice on each project site in form ingall persons providing services on the project
that they are required to be covered, and stating how a person may verify current coverage and report failure
to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's
Compensation Act or other Texas Workers Compensation Commission rules. Th is notice must be printed
with a title at least 30 point bold type and text in at least 19-point normal type, and shall be in both English
and Spanish and any other language common to theworker population.
REQUIRED WORKERS' COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to this project must be covered
by workers' compensation insurance. This includes person providing, hauling, or delivering equipment or materials
or providing laboror transportation or other service related to the project, regardless of the identity of their employer
or status as an employee.
Call the Texas Workers' Compensation Commission at 1-512-440-3 789 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to report an
employer's failure to provide coverage.
Fort Worth Water Department Part D -Special Conditions Page 6 of 13 7/21 /2009
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D-18 WAGE RATES: The labor classifications and minimum wage rates set forth herein have been
prede tennined by the City Council of the City of Fort Worth , Texas, in accordance with statutorJequirements, as
being the prevailing classifications and rates that shall govern on all work performed by the Contractor or any
Subcontractor o~ the site of the project covered by these Contract Documents.
In no event shall less than the following rates of wages be paid:
Fort Wo rth Wa ter De partme nt Part D -S pe c ial Co nditi o ns Page 7 of 13 7/2 1/2009
City of Fort Worth
Highway (Heavy) Construction
PrevaU in o Waoe Rates For 2008
Class ificat i o ns
A ir Tool Operato,
A s phalt Rake:
A s phalt Sho•,e,er
l,s phal: D i strilhltor Oo.,r.!t or
A s phah Pav,nc Machine Opera tor
3 atcrung Plar t 'Ne,g'le r
3rocm or S·n·e-eper Oper a tor
S1.lldoz e r Operator
Ca1roente r (Rouc h i
Cor,crete Firus-"ler-Paying
Cor,crete Fi ni s lier -Structur es
·::or ,cn.te ,=>av no Cu rbirc Mach. Ooer .
Concrete ?.n·,na F in is r ,in.:, \lach . Oper
Concrete Pav ,ng Jo nt :':e3ler Oi;-er.
Concrate Pav,na ::·aw Ope<.
Cor ,cr;;te Pavng !:pre .. der Ope r.
Concrete Rubber
C ra11e. Clamshe ll. Backh,oe. De mc k.
Oragl :ne. Sh cvel
:l,;ctric,3n
r •agg e r
=or m B Jilder-S1ru c ture s
rorm Sette r-Paw ,g & Cur bs
Fo1.ndafon Dr,11 Op,1 r.:1 to1, Cr.lwl e r Mo•Jnted
ro1,ndat,on D rll Ooer3to,. -n.. ck P,'oo r ,t ed
Fro nt E"IO Load er
I Laborer -CCITT'm o n
'.._aborer-U t li1y
',lee.h a me
\!ill,ng M ach ·ne Cperat-0r. ;:ine G rade
\l ix er Cpe rator
\lo'.or G r ader Ope r a:or (r·ne Grade }
\lo:or Grader Operaior R ougl'I Oi ·e,
Pail'lter. S tr u-?tu r es
Pavement Mark ino M ac "l 1'1 e Ooe,r
"'ip e L ayer
Ro l'er. Steel \l\ihe e l Pan :-M i~ Pave "n e n:s
Roi.er , Steel 'Nh ee l C1h er Fl atwi'eel o.r
Tampi ng
Ro l'.er , 0 r ev matic . Se l!-Pr epe 'le d :':-er .aper
R;1 ,-,forci r-o Steel Set:er 1"'a 'lira ;
R e1nfo•cing St ee l S et .,r 1Str•Jctur e )
Hou rl v R ate s
$1 ') G,6
$13()9
SB BO
$13(l'9
$12 .79
$14 15
sg ea
$13 .22
s 12 eo
$12 85
$13 27
$12 00
s 13 e3
s1.c e,J
$13 .~
$14 eJ
$10 a1
$14 12
$19 .12
$8.43
$11 .0.3
$11 8 3
$13 07
$16 30
$12 62
$Q 19
$10 t}5
$16 ll7
$11 83
$11 58
$1 5 20
$14N
$13 17
$10 C4
$11 C4
$11 :s
$1) >i2
$11 Qi
$14M
$16 2;1
C l a ss ificat io n s
S craper Oi:-e r a1or
Servicer
Slio Form Mact-ire Ooeutor
Sore .. ~er 3ox Ope ra tor
Tr acto• ooe,ator. Craw .er T"°"
Tracto, operator. Pne1.ma t •c
Tra·,•e lir,c \f ixer C'1erator
Truck Dri',er -S irgte A xl e (L ght)
Truck Ori'.'er-Siral-e A xl e 1Heaw)
Tr"Jck D rive.r -Tard ... m Axle Semi-Trailer
Truck D rive,-_owbo•,!Fklat
Truck D river-Tran si: M i x
Wagon Dr II . Bo r ng Mact ne. Po st Hole
Dr lie r
'/Ve ldet
'.'York Zone 3.1rr,cad~ S e-rvice r
Sou r•:e is AGC of Te•as
(:-l.wy . f-',,y l.t il ,ti?S l ndi.st•i a l B r a rich)
N'KN.acce ss gpogov:da\•1sbaconl
Hrlv Rts
S 11.42
S 12 .32
$12 .3 3
$10.92
S 12.'30
s ,2.,;i1
S 12.03
S l 0.?1
$1 1.47
$1 1.75
S'4.9J
s 1:::.oa
S'.4 .00
$13 .57
s 10.og
D-19 WEEKEND, HOLIDAY AND NIGHT WORK: Req ues ts to wor k o n wee kend s, Ho lidays, or N ig ht
wo rk mu st be submitted to and a pp rove d by th e Eng in ee r fo rty -e ight ( 48) ho ur s befo re th e wo rk is to be co ndu cted.
N ig ht wo rk; (betwee n th e ho ur s o f 7:00 p.m . and 7:0 0 a.m .) s ha ll o nl y be auth orize d by th e Eng in eer when fl ow
co nd itio ns an d/or traffic co nd itio ns inhibit th e no rma l wo rk of th e Co ntracto r d ur ing dayt im e ho ur s. The Co nt rac to r
sha ll be no ti fi ed o f the dec isio n to a ll ow weeken d , ho li day or ni g ht wor k wit hi n 24 ho ur s of th e recei pt o f th e
re q uest.
0-20 DELA YS : The Co ntrac to r sha ll rece ive no co mpe nsat io n fo r de lays or hind ra ne es to th e work , exce pt when
d ir ec t a nd unavo id ab le ext ra cos t to th e Co nt racto r is ca used by the fa il ure of th e C ity to prov id e in fo rm ati o n o r
mater ia l, if any, whi c h is to be furni shed by th e C ity . When s uc h extra co m pe nsatio n is clai med, a writt en statement
th e reof sha ll be pr ese nt ed by th e Co ntr ac to r to the Ow ne r, and if by h im fo und co rrec t, sha ll be a pp rove d a nd
re ferred by him to th e Co un c il for fin a l ap prova l o r di sa pp rova l; a nd the ac ti o n th e reo n by th e Co un c il sha ll be fin a l
an d b ind in g . If de lay is ca use d by s pec ific orde rs g ive n by the Ow ne r to sto p wo rk , o r by th e pe r fo rm ance o f ex tra
Fo rt Wort h Water Depart men t Part D -Special Condi t ions Page 8 of 13 7/2 1/2009
work, or by the failure of the City to provide material or necessary instructions for carrying on the work , then such
de la); will en\itle the Contractor to an equivalent extension of time, his application for which shall , however, be
subject to the approval of the City Council and no such extension of time shall release the Contractor or the surety
on his performance bond from all his obligations hereunder which shall remain in full force until the discharge of the
contract.
D-21 EXAMINATION OF SITE: rt sh al I be the responsibi I ityof the prospective bidder to visit the Work Order
sites and make such examinations and visual inspections as may be necessary to determ ineall conditions which may
affect the completion of the Work Order. Particular attention should be given to methods of providing ingress and
egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of
all materials to be removed.
D-22 ACCESS TO THE WORK: It is anticipated some of the sanitary sewer line segments scheduled for
cleaning are located on private property. Access to these manholes is generally provided by existing easements
and/or right-ot:.ways; however, the legal access may be covered with private improvements such as fences,
landscaping, outbuildings, etc. In such cases the Contractor shall work with the Property Owner to find alternative
methods of access and obtain a signed agreement that outlines the method. Provisions of all agreements for
replacement of removed or damages private property relative to the alternate access method shall be the
responsibility of the Contractor.
D-23 SITE RESTORATION AND DAMAGE TO PRIVATE PROPERTY: The Contractor shall be
responsible for restoring the site to original or betterconditionsaftercompletionofhis operations subject to approval
of the Owner. Replacement shall be in kind or better. At the Contractor's discretion, digital photos may be taken of
existing conditions for documentation. The burden of proof as to pre-project site conditions is the sole responsibility
of the Contractor. The Contractor shall immediately repair or replace any damage to private property, including but
not limited to fences, walls, pavement and water and sewer services, at no cost to the Owner. All costs for site
restoration , repair or replacement to private property and documentation sh al I be considered subsidiary to the project
contract price and no additional payment will be allowed.
D-24 EXISTING UTILITIES: The Contractor shall be responsible for verifying the locations of and protecting
all existing utilities, service lines, or other property crossed or exposed by his operations. Contractor shall make all
necessary provisions for the support, protection, relocation ,and or temporary relocation of all utility poles, gas lines,
telephone cables, utility services, water mains, sanitary sewer lines , electrical cables , drainage pipes , and any other
utilities and structures both above and below ground during operations. The Contractor is liable for all damages done
to such existing facilities as a result of his operations and any and all costs incurred for the protection and/or
temporary relocation of such facilities shall be subsidiary to the contract amount. NO ADDITIONAL
COMPENSATION WILL BE ALLOW E D .
Where existing utilities or service lines are cut, broken or damaged, the Contractor shall replace or repair the utilities
-or service lines with the same ty pe of original mate rial and construction or better unless otherwi se shown or noted on
the plans, at his own cost and expense. The Contractor shall immediatelynotify the Owner of the damaged utility or
se rvice line . He s hall cooperate with the Owne rs of a l I utilities to locate existing underground facilities and notify the
Owner at o nc e o f a ny c o nflicts in g rad es and a li gnments.
In case it is necess ary to c han g e o r m ove th e pro pe rty of a ny O w ne r o f a public utility~uch property s hall no t be
m oved o r interfere d with until o rdered to do so by the Owner. Th e ri g ht is re se rved to the Owner o f public utiliti es to
e nter upon the limits of the project for the purpos e o f making such changes or repairs of their property that may be
made nece ss ary by perform a nce of thi s c o ntract.
D-25 PROJECT ACTIVITIES OVER PIPELINES : l.t is a pparent th at ce rt a in project ve hicl es co uld ex ceed the
load bearin g c a paci ty o f th e pipe under shall o w bury c o ndition s. ft will be the re s pon s ibility o f the Contractor to
Fo rt Worth Water Department Part D -Spe c ial Co nditi ons Pag e 9 o f 13 7/2 1/2009
protect the existing lines from these possible excessive loads . Any damage to the exi sting pipe will be repaired or
replaced by the Contractor, at the Contractor 's expense , to the sati s faction of the City . 1 t
D-26 SAFETY ST AND ARDS AND ACCIDENT PREVENTION: With respect to all work performed under
this Contract the Contractor shall :
1. Comply with the safety standard s provi s ions of applicable laws , building and construction codes and the
Manual of Accident Prevention in Construction published by the Associated General Contractors of America ,
the requirements of the Occupational Safety and Health Act o f 1970 (Public Law 91-596 and s ubsequent
amendments), and the requirements of Title 29 of the Code of Federal Regulations , Section 1910 or CJ26 as
applicable .
2. Exercise ev ery , precaution at all times for the prevention ofaccidents and th e protection of person s (including
e mployees) a nd property .
3 . The attention of the Contractor is directed to the Requirements (including permitting and recording) of the
Confined Space Entry regulations that are under OSHA.
D-27 CONFINED SPACE ENTRY PROGRAM: The Contractor shall produce a written document explaining
the confined space entry program to be implemented on this project. At a minimum , the submitted program shall be
in compliance with all applicable OHSA requirements regulating confined space entry.
D-28 SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES: The following procedures will
be followed regarding the subject item on this contract:
I. A warning sign not less than five inches by seven inches , painted yellow with black letters that are legible at
twelve feet shall be placed inside and outside vehicles such as cranes, derricks , power shovels , drilling rigs ,
pile drivers , hoisting equipmentor similar apparatus . The warning sign shall read as follows:
"WARNING -UNLAWFUL TO OPERA TE THIS EQUIPMENT WITHIN SIX FEET OF HIGH
VOLTAGE LLNES."
2 . Equipment that may be operated within ten feet of high voltage lines s hall have in s ulating cage-type of guard
about the boom or arm , except back hoes or dippers , and insulator links on the lift hook connections.
3. When necessary to work within six feet of high voltage electric lines , notification shall be given the Power
Company (TXU Gas and Electric Utilitie s/ONCOR) who will erect temporary mechanical barriers , de-energize
the lines , or raise or low er the line s. The work done by the Power Company shall not be at the expen se of the
City of Fo11 Worth . The notifying department shall maintain an accurate log of all such calls to the Power
Company , and s hall record action taken in each ca se .
4. The Contractor is required to make arrangem ent s with th e T XU Ga s and Electric Utilitie s/ONCOR Compan y
for the temp o rary relocation or rai s ing of high vo lta ge linesit the Co ntra cto r's sole cos t and expen se .
5 . No pe rso n sha ll wo rk w ithin s ix fe et of a high vo lt ag e line with o ut protecti o n ha v in g been taken as o utlin ed in
Para g raph (3).
D-29 TRAFFIC CONTROL: The Co ntract o r s ha ll be res po ns ibl e for pro v idin g traffic co ntrol durin g the
executi o n o f thi s proj ec t con s istent with the provi s ion s se t forth in the "Late st Editi o n Texas Manual on Uniform
Traffic Co ntrol De v ic es for Stre ets and Hi g hwa ys ·' iss ued und ethe a uth o rity o f the ·'St ate o f Texa s Uni fo rm Act
Regul atin g Traffic o n Hi g hw ays;· codified as Arti c le 6 70 I cl Yemon 's C ivil Statute s, pertinent secti ons be in g Sec ti o n
Nos. 27 , 29 , 30 and 3 1 and a lso in acc o rd a nc e with the fo ll o win g additi o nal requirement s :
Fort Worth Water Department Part D -Spec ial Co nditi ons Page 10 of 13 7/2 1/2009
I. The C o ntractor's a ttention is dire cted to Pa rt C , General Co nditi o ns, Section C 6-6 LEGAL RELATIONS AND
PUB LIC RESPONSIBILTY, paragraphC6-6 .8 BARRACAD ES, WARNINGS AND WATCHMEN, which :.
requires that the Contractor shall furnish barricades, flares , etc ., for the protection of the public and the work.
2 . The cost of the traffic control shall be included in the price bid for other items as bid in the Proposal ,
and no other compensation will be allowed.
3. The Contractor shal I limit his work within one continuous lane of traffic at a time tom inim ize interruption to the
flow of traffic .
4. Work s hall not be performed on certain lo c ations/streetsduring "peak traffic periods" as determined by the City
Traffic Engineer and in accordance with the a pplicable prov is ion of the "City of Fort Worth Traffic Control
Handbook for Construction and Maintenance Work Areas ."
When work activities are located in or near high traffic areas or when specifically directed by the City, the contractcr
will be required to obtain a ·"Street Use Permit" prior to starting work. As part of the "Stret Use Permit" a traffic
control plan is required.
When work activities are located in or near a state right-of-way , the Contractor shall comply with all applicable
Texas Department of Transportation regulations.
D-30 PROTECTION OF TREES, PLANTS, AND SOILS: All property along and adjacent to the
Contractors' operations including lawns , yards, shrubs, trees, etc. shall be preserved or restored after completion of
the work to a condition equal or better than existed prior to start of work.
By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming. removal. or
root pruning) can be done on trees or _shrnbs growing on public property including street rights-of-way and
designated alleys . This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in
compliance with pruning standards for Class II Pmning as described by the National Arborist Association. A copy of
these standards can be obtained by calling the above number. Any damage to public trees due to negligence by the
Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International
Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and
may be withheld from funds due the Contractor by the City .
D-31 TREE PRUNING:
A. REFERENCES: National Arbori st As sociation 's "Pruning Standards for Shade Trees".
B . ROOT PRUNING EQ U IPMENT
1. Vibratory Knife
2. Vermee r V-1550RC Ro o t Prun e r
C. N ATU RAL R ESO U RCE S PR OTEC T ION FENCE
1 . Steel ·'T " = Bar s take s, 6 feet lo ng.
2 . Smoo th Ho rse-Wire : 14-1/2 g au g e (medium g au g e) or 12 g au ge (h e av y g auge ).
3. Surveyor 's Pla stic Flaggin g : "Tundra" wei g ht , Internati o nal flu o re scent oran g e or red col o r.
4 . C o mbinati o n Fence : Commerci a ll y manu fac tured co mbination so il separato r fabric o n wire me sh
backing as s ho wn o n the Drawin g s .
D. ROOT PR UNING
Fo rt Worth Water De partm ent Part D -S pe c ial Co nditi ons Page 11 of 13 7/2 1/2009
1. Survey and stake location of root pruning trenches as directed by the Engineer. •
2 . Using the approved specifiedequipment,make a cut a minimum of 36 inches deep in order to minimize
damage to the undisturbed root zone.
3 . Backfill and compact the trench immediately after trenching.
4 . Place a 3-foot wide by 4-inch deep cover of mulch over the trench as required by the Engineer.
5. Within 24 hours, pnine flush with ground and backfill any exposed roots due to construction activity .
Cover with wood chips of mulch in order to equalize soil temperature and minimize water loss due to
evaporation.
6. Limit any grading work within conservation areas to 3-inch maximum cut or fill , with no roots over I-
inch diameter being cut unless cut by hand or cut by specified methods, equipment and protection.
E. MULCHING: Apply 2-inches to 4-inches of wood chips from trimming or clearing operation on areas
designated by the Engineer.
F . Tree Pruning shall be considered subsidiary to the project contract price.
D-32 TREE REMOVAL: Trees to be removed shall be removed using applicable methods, including stump and
root ball removal , loading, hauling and dumping. Extra caution shall be taken to not disrupt existing utilities both
overhead and buried. The Contractor shall immediatelyrepairor replace any damage to utilities and private property
including, but not limited to , water and sewer services, pavement, fences , walls, sprinkler system piping, etc., at no
cost to the Owner. All costs for tree removal, including temporary service costs, shall be considered subsidiary to the
Work Order price and no additional payment will be allowed.
D-33 MANHOLE EXPOSURE: When it is necessary to expose manholes in unpaved areas or under asphalt
pavement, the Contractor shall expose the manholes in order to have access for the sewer cleaning. Manhole
exposure less than one (I) inch deep in asphalt pavement or less than twelve( 12) inches deep in unpaved areas shall
be considered subsidiary to the unit price bid for cleaning various diameter sanitary sewer mains on this project and
the Contractor shall notify the Owner and Engineer of any manholes thus exposed.
For manholes not meeting the above criteria, the Contractor shall immediatelycontact Kirit Patel by fax at the City
ofFort Worth Field Operations Division at (817) 392-8382 and David Cooper at the Fort Worth Water Depattment
Engineering Division at (81 7) 392-8195 with the following information : manhole number, lateral number, station
and/or address. and action required. The City shall expose all manholes not conforming to the criteria outlined
above.
D-34 PLACING WORK IN SERVICE: Since all work involved is with existing facilities ,serviceofsanitary -
sewers shall be maintained at all times.
D-35 WATER USAGE: Water usage by the Contractor for the purpose of sewer line investigation shall be -
taken from approved fire hydrants via a 2" meter obtained by the Contractor from the Owner. The meter shall be
us ed o nly on this project. One fire hydrant wrench will be is sued with each 2" meter. The deposit for the 2" meter
and fire hy drant wrench is the re s ponsibi I ityof the Contractor . Only fire hydrant wrenches or open-ended wrenches
may be used on fire hydrant o perating nuts.
The amount of dep os it for the fire hydrant meter is $1 ,000.00 (One Thousand Dollars ). The Contracto r is
re s pon s ible to return the meter for reading on a monthl y basi s . Meter reading fee is applicable for this project;
however, there will be no charge for water us age for the purpos e of sewer line cleaning.
D-36 SPILL PREVENTION AND RESPONSE PLAN: The Contractor s hall produce a written document
explaining the spill prevention and re s pon se plan(s) to be implemented on this project. At a minimum. the
s ubmitted s pill prevention and response plan shall include contingency plans addressing sewer back-ups into
Fort Worth Water D~p artment Part D -Special Co nditi o ns Page 12 of 13 7/21 /2009
homes/businesses, including a 24 hour a day response requirement, sanitary sewer overflows from manholes, and
le aj<ageor s pill containment during sewe r debris removal or transport. The s pill prevention and response plan shall
also include operational procedures, a list of responsible parties and duties , and the notification procedures to be
implemented in case of and emergency s pill as defined herein .
Fo rt Worth Water De partm ent Part D -Spec ial Co nditi ons Page 13 of 13 7/2 1/2009
-
PARTE
TECHNICAL SPECIFICATIONS
Item 100
Summary of Work
Interceptor Condition Assessment Program
Contract 2 -Large Diameter Sanitary Sewer Cleaning
Project No.: ICAP09-2
PARTl GENERAL
1.01 SCOPE
A. The Contractor shall complete the work as specified in the plans and
specifications .
B. The work is located throughout the City of Fort Worth, Texas. Specific sanitary sewer
cleaning location(s) will be defined in the Work Order(s) provided to the Contractor.
1.02 WORK COVERED BY CONTRACT DOCUMENTS
A. The work covered by these Contract Documents consists of the Cleaning and Sonar
inspection of various large diameter sanitary sewer mains within the Fort Worth Water
Department's sanitary sewer collection system.
B. In the Contract Documents the words "furnish", "install", and "construct" shall mean
for the contractors to furnish all labor, tools, material, and miscellaneous items
necessary to complete the work as specified and in the locations detailed in the work
order(s).
C. The scope of work to be completed is defined by the work order(s) and these
specifications. Any part, appurtenance, or miscellaneous item of work which is
reasonably implied or normally required to make the cleaning and inspection
satisfactorily and complete, even if not specifically required by the drawings and/or
specifications, shall be provided by the Contractor at no additional cost. In general
terms, the work consists of furnishing all labor, materials, equipment, tools, and related
items as required to complete the Cleaning and Sonar inspections.
D. Comply with applicable building codes and environmental requirements
1. Comply with city, state, and national codes as a minimum or the requirements of
these documents if more stringent than codes.
2. Comply with city, state, and national environmental requirements.
E. The work to be provided under this Contract is not necessarily limited to the foregoing
descriptions. Accordingly, the Contractor shall thoroughly study the Contract
Documents to fully understand the extent of the work.
Fort Worth Water Department Part E-Technical Specifications Item 100-Summary of Work Page I of2 7/21/2009
1.03 DESCRIPTION OF BID ITEMS
The following descriptions are intended to clarify the nature of the work required for this project. Each
bid item includes all labor, materials, equipment, and incidentals necessary to complete the item.
Bid Item 1 -Job Move-In: Contractor shall be compensated for one Job Move-In for each Work Order
submitted by the Owner to the Contractor. Job Move in price shall include all materials, equipment,
and labor necessary to initiate the work defined within the Work Order within seven days from receipt
(See Special Conditions Item D-11 ).
Bid Item 2 -Emergency Job Move-In: Contractor shall be compensated for one Emergency Job
Move-In for each emergency work order submitted by the Owner to the Contractor. Emergency Job
Move-In price shall include all materials, equipment, and labor necessary to begin the work defined
within the emergency Work Order within twenty-four hours from receipt (See Special Conditions Item
D-12).
Bid Item 3-18 -Cleaning of Various Diameter Pipe: Work shall include all labor, materials, and
equipment necessary to perform sewer main cleaning, of the diameter specified. The required section
must be free of roots, grease, and all debris. All depository material and/or debris must be removed
from the pipe section and disposed at Owner authorized disposal location. Contractor shall include
within his unit price bid costs for transportation of debris to disposal site. Owner shall pay disposal
costs. Provide Owner with trip tickets for debris disposal. Work shall include all dewatering, flow
control, plugging , etc. necessary to regulate the flow within the pipe section in order to properly clean
the pipe .
Bid Item 19-24-Siphon Cleaning-Various Diameters: Work shall include all labor, materials, and
equipment necessary to perform siphon cleaning, of the diameter specified. The required section must
be free of roots, grease, and all debris. All depository material and/or debris must be removed from
pipe section and disposed at Owner authorized disposal location. Contractor shall include within his
unit price bid costs for transportation of debris to disposal site. Owner shall pay disposal costs.
Provide Owner with trip tickets for debris disposal. Work shall include all dewatering, flow control,
plugging, etc., necessary to regulate the flow within the pipe section in order to properly clean the pipe.
Bid Items 25-32 -Sonar Pipeline Inspection-Various Diameters: Work shall include all labor,
materials, and equipment necessary to perform a pre and/or post cleaning sonar inspection of siphons.
Contractor shall include within his unit price bid all costs for data storage, data transmission, and data
analysis. Sonar data shall be utilized by Owner for determination of cleaning quantities and as a
verification of the effectiveness of the cleaning process.
Fort Worth Water Department Part E-Technical Specification s Item 100 -Summary of Work Page 2 of2 7/21/2009
Part 1 -General
Item 200
Cleaning and Sonar Inspection
Interceptor Condition Assessment Program
Contract 2 -Large Diameter Sanitary Sewer Cleaning
Project No.: ICAP09-2
The work covered by these specifications consist of furnishing all equipment, materials, labor, supervision
and incidental items necessary to perform cleaning and sonar inspection of the sanitary sewer collection
system. Selected equipment shall be capable of cleaning and inspecting spans of sewer lines up to 1,500
linear feet or greater.
Part 2 -Equipment
2.1 Cleaning Equipment
The City of Fort Worth Water Department Pre-Treatment Division must inspect all equipment used by the
CONTRACTOR for cleaning of sewer lines or capturing and transporting debris and material removed
from the sewer collection system. Contact Marlene Gates at (817) 871-8305 for scheduling of inspections.
Information regarding City of Fort Worth vehicle permits and certifications can be found in Appendix A,
Permits and Forms. All costs associated with local permits and certifications of vehicles are the
responsibility of the CONTRACTOR. All vehicles used on this project must also be certified by the
TCEQ and proof of this certification must be provided to the City. Refer to Part D Special Conditions,
Item D-5 Permitting and Additional Insurance Requirements for more information.
A. HIGH-VELOCITY JET (HYDROCLEANING) EQUIPMENT: All high-velocity sewer cleaning
equipment shall be constructed for ease and safety of operation. The CONTRACTOR shall have a
selection of two or more high-velocity nozzles. The nozzles shall be capable of producing a scouring
action from 10 to 60 degrees in all size lines designated to be cleaned. The equipment shall carry its
own water tank, auxiliary engines, pumps, and hydraulically driven hose reel.
B. HYDRAULICALL YPROPELLED EQUIPMENT: The equipment used shall be of a movable dam
type and be constructed in such a way that a portion of the dam may be collapsed at any time during
the cleaning operation to protect against flooding of the sewer. The movable dam shall be equal in
diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to
ensure removal of grease. If sewer cleaning balls or other equipment that cannot be collapsed are
used, special precautions to prevent flooding of the sewers and public or private property shall be
taken by the CONTRACTOR. Damages or claims resulting from backups and flooding shall be the
responsibility of the CONTRACTOR.
C. MECHANICALLY POWERED EQUIPMENT: Bucket and/or winch machines shall be in pairs with
sufficient power to perform the work in an efficient manner. Machines will be belt operated or have
an overload device. Machines with direct drive that could cause damage to the pipe will not be
allowed. A power rodding machine shall be either sectional or continuous rod type capable of holding
a minimum of 750 feet of rod. The rod shall be specially heat-treated steel. To ensure safe operation
Fort Worth Water Department Part E -Technical Specifications Item 200 -In spection Page l of 67/21/2009
the machine shall be fully enclosed and have an automatic safety clutch or relief valve . Mechanically
powered equipment shall only be used when authorized by the ENGINEER and shall be done onl~
when other cleaning methods are shown to be ineffective .
2.2 Sonar Inspection Equipment
Sonar equipment must be specifically adapted for use in sanitary sewer systems using high frequency sound
waves to locate and map irregularities within the pipe environment creating continuous sonar images
recorded in "real time" mode .
Part 3 -Execution
3.1 Sewer Line and Siphon Cleaning
A. General Sewer Line Cleaning
Sewer line cleaning shall be performed with hydraulically propelled high-velocity jets, and/or
mechanical powered equipment. Equipment shall be based on field conditions such as access to
manholes, type and quantity of debris to be removed , size of sewer, and depth of flow. Selected
equipment shall be capable of cleaning spans of sewer main up to 1,500 linear feet.
Hydraulic or mechanical means shall be used to remove all dirt, grease, rocks, sand, and other
materials and obstructions from the sewer lines. The CONTRACTOR shall provide a mechanism to
prevent debris from moving downstream from the line segment being cleaned. The method of
cleaning for each segment shall be based on site conditions and shall be approved by the
ENGINEER. The equipment and methods selected shall be satisfactory to the ENGINEER.
B. Root Removal
Roots shall be removed in within the cleaning limits and shall be considered part of sewer cleaning
procedures. Special attention should be given during the cleaning operations to ensure complete
removal of roots from the joints. Chemical means of root control or removal MAY NOT be used on
this project.
C. Grease Removal
Grease shall be removed within the cleaning limits and shall be considered part of sewer cleaning
procedures. Special attention should be given during the cleaning operations to ensure the complete
removal of grease from the top of the pipe. Procedures may include the use of mechanical equipment
such as rodding machines, bucket machines and winches using root cutters and porcupines, and
equipment such as high-velocity jet cleaners, and hot water. Chemical means of grease removal using
and EPA approved chemical degreasers MAY NOT be used on this project without prior
authorization from the City.
D. Debris Removal
Fort Worth Water Department Part E-Technical Specifications Item 200 -Inspection Page 2 of67/2l/2009
All debris resulting from the cleaning operations shall be removed and transported by the • r· CONTRACTOR to locations designated by the City at the end of each work day. Under NO
circumstances will the CONTRACTOR be allowed to accumulate debris at the work site beyond the
stated time. Reference Part D, Special Conditions, subparagraph D-5 "Permitting and Additional
Insurance Requirements" for more information about the collection, handling, transport and disposal
of the debris. All solid or semi-solid debris shall be removed and transported by the CONTRACTOR
to the Cold Springs Processing Facility located at 1300 Cold Springs Road, Fort Worth, Texas 76102.
The contact person for Cold Springs Processing is Gary Beavers, who can be reached at (817) 332-
4939. The CONTRACTOR's cleaning equipment shall have permits in accordance with all applicable
Federal, State and Local regulations. The City, at its own expenses, will dispose the debris generated
from this project.
CONTRACTOR shall provide the City and the ENGINEER with a detailed plan for tracking the
amount of debris removed as part of this project. The City will supply trip-ticket books to be used by
the CONTRACTOR. One copy of each ticket will be supplied to the designated disposal site, the
CONTRACTOR will keep one,. two copies will be given to the City, and one to the ENGINEER.
Tickets will be filed on a work order basis to all parties by the CONTRACTOR, including the permit
numbers for vehicles used on the project daily. The CONTRACTOR shall also be required to submit
its own TCEQ Liquid Waste Hauler paperwork to the City.
E. Vault and Manhole Cleaning
Walls shall be washed using a high pressure jet capable of 1,500 psi. Debris from the vault or
manhole shall be vacuumed and disposed of in the same manner as debris removed from sewer main
cleaning.
F. Cleaning and Inspection Notification
The success of the Fort Worth Water Department Sewer Cleaning and Inspection Program is
dependent upon close coordination of the City and CONTRACTOR activities affecting Fort Worth
Water Department customers in an effort to maintain customer cooperation. The following are the
requirements for notifying affected customers of cleaning and television inspection activities. All
procedures must be followed:
1. A notice ("flyer") in English and Spanish shall be provided to each residence and business a
minimum of two (2) full working days prior to working in the area. The Notification flyer will
inform the occupants of the purpose of the work, what might possibly occur, and telephone
numbers to call in case of questions or problems. The master flyer for Notification will be
provided to the CONTRACTOR for use in making all necessary copies of the flyer on white
paper for distribution to residences and businesses.
2. CONTRACTOR shall, on a daily basis, document all distribution of flyers. Documentation at a
minimum shall include maps showing areas notified, date, and name of person completing the
notification. The CONTRACTOR shall provide this information to the ENGINEER and the
City (David Cooper and Kirit Patel) by fax at (817) 451-2208, (817) 392-8195 and (817) 871-
8382, respectively on a daily basis.
Fort Worth Water Department Part E-Technical Specifications Item 200 -Inspection Page 3 of67/21/2009
CONTRACTOR shall schedule work to be completed within five (5) working days from the day
notices are distributed. If the work is unable to be completed in the notified area befor~ the end
of 5 working days, the area will be re-notified.
G. Cleaning Precautions
During sewer cleaning operations, satisfactory precautions shall be taken in the use of cleaning
equipment. When hydraulically propelled cleaning tools (that depend upon water pressure to provide
their cleaning force) or tools that retard the flow in the sewer line are used, precautions shall be taken
by the CONTRACTOR to ensure that the water pressure created does not damage or cause flooding
of public or private property being served by the sewer.
When additional water from fire hydrants is necessary to avoid delays in normal work procedures,
the water shall be conserved and not used unnecessarily.No fire hydrant shall be obstructed in case
of a fire in the area served by the hydrant or as restricted by the OWNER. The CONTRACTOR shall
use a backflow prevention device mounted on the fire hydrant in cases were the fire hose connected
to the deaning equipment is considered susceptible to contamination, regardless of the backflow
configuration on the cleaning equipment. The CONTRACTOR shall be responsible for any damage
caused by his actions during this project.
H. Remediation of Backups into Buildings
Backups into buildings that occur during cleaning, inspecting, plugging or bypass pumping activities
require immediate remediation using the services of a local firm specializing in cleaning and
disinfecting residences and businesses. The firm used by the CONTRACTOR shall be approved prior
to issuance of the Notice-to-Proceed, and shall provide a protocol that will be implemented for
various scenarios that may occur.
Upon discovery that a backup has occurred, the CONTRACTOR will immediately notify the Water
Department Field Representative who will investigate the incident. The CONTRACTOR shall dry up
the spill immediately and dispatch the cleaning service to professionally clean and disinfect the area.
The cleaning service firm shall be at the customer site within three hours of notification of backup
occurrence, or otherwise scheduled by customer. All communication will be through the Water
Department Field Representative (Kirit Patel) at (817) 994-5610 (cell phone).
Documentation of the remediation services provided shall be given the Water Department Field
Representative. Should customer refuse the remediation services, CONTRACTOR shall provide a
business card and contact name should customer want to schedule remediation at ,a later date.
Refusal of remediation services shall be documented by the CONTRACTOR and provided to the
Water Department Field Representative.
3 .2 Sonar Inspection
A. General
Fort Worth Water Department Part E-Technical Specifications Item 200 -Inspection Page 4 of67/2l/2009
The purpose of the sonar inspection shall be to document observations as stated in the City of Fort
-: Worth Water Department CCTV Inspection and Defect Coding Program, and/or as a pre-cleaning
evaluation.
Contractor shall be required to reveal and document sewer line operational and structural conditions
and/or cleaning results. The CONTRACTOR shall warrant to the OWNER any and all claims from
infringement of patents and shall save harmless the OWNER and his Representative from loss on
account thereof.
B . Sonar Inspection Procedures
Sonar inspection shall be performed according to the Sonar System manufacturer 's recommendation
as it pertains to survey rate in inches per second. The sonar inspection system shall operate in real
time mode with continuous interior scanning over full 360 degrees. Digital data shall be recorded at
full resolution.
C. Sonar Inspection Documentation
SONAR INSPECTION LOGS: Location records of the sewer mains inspected shall be kept and
maintained by the CONTRACTOR in a digital format. These location records shall clearly show the
stationing location in relation to the upstream manhole. NO VHS TAPE RECORDINGS ARE
REQUIRED NOR ACCEPTED AS A FINAL DELIVERABLE UNDER THIS CONTRACT. Hard
copies of the inspection reports shall be bound and submitted to the OWNER with the digital data.
The digital information shall contain multiple video inspection records and files that store each line
segment as a unique digital record. Combining multiple segments on one form or digital record
is not permitted.
The CONTRACTOR shall provide a digital video file of the inspection. These digital video files
must include the location of the line segment at the same time that the inspection is performed. As a
minimum, the video file shall display manhole numbers and footage at all times.
DIGITAL RECORDINGS: The purpose of digitally recording shall beto supply a visual record of all
line segments that are inspected . Slow motion or stop-motion playback features may be supplied at
the option of the CONTRACTOR. Title of the video record shall remain with the OWNER. The
CONTRACTOR shall have all digital video and necessary playback equipment readily accessible for
review by the OWNER during the project. The digital video file shall be a deliverable and will be
required for completion of the work for each segment inspected. The digital video files (recorded on
the approved digital storage media) shall be indexed with the line segment and labeled appropriately
on the disc.
Video and reports may be turned in via hard copy , CD-Rom, removable hard drive or DVD Data
disk.
Video recordings shall be processed by CONTRACTOR and delivered to the OWNER after
completion of sonar inspection for review. A line segment shall be considered complete for
payment once the CCTV, Sonar and Laser inspection and report has been delivered to the OWNER,
and reviewed and accepted.
Fort Worth Water Department Part E-Te chnical Sp ec ifications Item 200 -In spe cti on Page 5 of67/21 /20 09
3.8 Measurement and Payment
A. Debris Disposal
i
The cost of collecting and transporting debris is subsidiary to the unit prices bid for the various
diameter sewer lines cleaned. The actual cost of the debris disposal will be paid by the City directly
to Cold Springs Processing.
B. Sewer Line and Siphon Cleaning
Sewer line and siphon cleaning of the various sized lines shall be paid at the unit price bid per linear
foot of each pipe for actual length ofline cleaned. Measurement of the actual length ofline cleaned
shall be made from center of manhole to center of manhole. When a partial line segment is cleaned,
measurement shall be made from center of manhole to termination point of actual line cleaned as
validated by post-cleaning CCTV inspections. Cleaning of manholes and vaults shall be considered
incidental to the unit price bid per linear foot of the connecting pipe(s).
Acceptance of sewer line cleaning shall be made upon the review of CCTV and/ or sonar data, if the
results are to the satisfaction of the Engineer. Internal CCTV and/or sonar inspection shall be the
sole means used to determine if the cleaning is satisfactory. If inspection shows the cleaning to be
unsatisfactory, the Contractor shall be required to re-clean and CCTV the line segment until the
cleaning is shown to be satisfactory, at no additional cost to the city .
Acceptance of siphons cleaned shall be made upon review of sonar inspection data, if the results are
to the satisfaction of the Engineer. Sonar inspection data shall be the sole means of determining if the
cleaning is satisfactory. If sonar inspection data shows the cleaning to be unsatisfactory , the
Contractor shall be required to re-clean and re-inspect the siphon until the cleaning is shown to be
satisfactory, at no additional cost to the City .
Acceptance of manholes and vaults shall be made by the Engineer based on visual inspection of the
structure.
C. Sonar Inspection
Measurement and payment for sonar inspection of the various size siphons shall be paid at the unit
price bid per linear foot. Measurement of the actual number of feet inspected shall be made from
center of manhole to center of manhole. When a partial line segment is inspected, measurement shall
be made from center of manhole to termination point of actual inspection.
Fort Worth Water Department Part E-Technical Specifications Item 200 -Inspection Page 6 of67/21/2009
.. -
PARTF
BONDS AND INSURANCE
f
l
l
-
-
-
.
CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
Pursuant to Article 8308-3.23 of Veron's Annotated Civil Statues , Contractor Certifies
that it provides worker's compensation insurance coverage for all of its employees
employed on City of Fort Worth Project Number ICAP09-2.
STATE OF TEXAS §
COUNTY OFT ARRANT §
CONTRACTOR
By : ~ /J.edcE '5°Atl'JZ-Jb,J
R €-1 lo1t111L /f/lfltl/l'J~
Title
Date
~~EFORE ME, the undersigned authority, on this day personally appeared 'Bn.<Le
~ O',.f • .S (fY\ . known to me to be the person whose name is subscribed
to the foregoin instrument, and acknowledged to me that he executed the same as the act
and deed of L vt-L \A.<._fe r the purpose and consideration therein
expressed and in the capacity therein sta ed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~fo~f ~lb£/-;
jH'"_.
2004
CARMEN K. CARLENTINE
Notary Public, State of 1exas
My commission Exp1res
August 24, 2011
~46 ~
Notary Public in and for the State of Texas
--~--~
/•.:...
--J 4 •• ........
/"• ............. '-.·
·/·. .·
....... · -Page l Of l
;
THE STATE OF TEXAS
COUNTY OF TARRANT
That we, (1) ACE PIPE.
Bo n d No. 105343322
PERFORMANCE BOND
§
§
§
KNOW ALL BY THESE PRESENTS : ,. .
. CLEANING, INC., as Principal herein, and (2) Trave I e r s
Casua I ty a n d Su r ety Compa n y of America a corporation organized under the Jaws of
the State of (3) Co nn ecticu t and who is authorized to issue surety bonds in the State of
Texas, Surety herein, are held and firmly bound unto the City of Fort Wo~ a municipal
corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of six·
HUNDRED FIFTEEN THOUSAND f\!!NE HUNDRED lWE!\!TY FIVE DOI ' ARS AND NO
CENTS {$615,925.00} for the payment of which sum we bind ourselves , our heirs, executors,
administrators, successors and assigns , jointly and severally, firmly .by these presents.
WHEREAS , Principal has entered into a certain written contract with ·the Obligee dated
the _day of . APR I ·3 2010 2009, ~ copy of which is ~ttached hereto and made a part
hereof for all purposes, for the construction of:
:t:nterceptor Condition Assessment_ Program Contract 2: Large ·
Diameter Sanitary Sewer Cleaning
NOW; THEREFORE, the condition of this obligation is such, if the said Principal shall
;:-faithfully perform the work in accordance with tl1e plans, specifications, and contract document.s
~ l and shall fully indemnify and hold harmless the Obligcc from all costs and damages which
'·: Obligee may suffer by reason of Principal's default, and reunburse and repay Obligee for all ~· . . . .
.-, outlay ·and expense· that Obligee may incur in making good such default) then this obligation· ~ . .
;'.shall be void; .otherwise, to remain in full force -and .effect. .
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the
1 i:Texas Government Code, as amended, and all liabilities on this bond shall be determined in
,,·;
;~rdance with the provisions of such statute, to the same extent as if it were copied at length
l"i
flterein. •·.
IN WITNESS WHEREOF, the duly authorized representatives of the Princip~ and the
~:urety have execut ed this instrument.
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SIGNED ~nd SEALED this~-day of_~_A_P_R _1 _3 ~2..._01-=-0 _ __, 20_.
ATIEST:
(Principal) Secretary
(SEAL}
Witness as to Principal
ATIEST: · ·
\J~~ sec:r+ry
Ace Pipe C leanin g, In c.
PRINCIPAL
By:~ /
-Name:. /jLuur. ~<'Jo..]
Title: · ftq,oN~ h16/L
-..._ ....
Address: 1509 Sy I v1in i a CT. •
Fort Worth, TX 7611~ ·
. -... '"' .... _ ........ ------------
Travelers Casua lty and Surety Company of America
SURETY
By:·~~~-~
Name:..,....------------Attorney in Fact Marva Mi Iler
Address: -~o n_e~T-o~we_r_. s_q.,,..ua.,.,.r_e --
Hartford, CT 06183
Telephone Number. 800. 747 .3719
NOTE: (1) . Correct name of Principal (Contractor).
(2) Correct name of Surety.
(3) State of incorporation of Surety
Telephone number of surety must be stated. In addition, an original copy of
Power of Attorney shall be attaehed to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract.
TRAVELERSJ
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may contact Travelers Casualty & Surety Company of America, Travelers Casualty
& Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company
and/or Farmington Casualty Company for information or to make a complaint at:
Travelers Bond
Attn: Claims
1500 Market Street
West Tower, Suite 2900
Philadelphia, PA 19102
(267) 675-3130
(267) 675-3102 Fax
You may contact the Texas Department of Insurance to obtain the information on .
companies, coverages, rights or complaints at:
Texas Department of Insurance
P.O. Box 149104
Austin, TX 78714-9104
(800) 252-3439
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and
does not become a part or a condition of the attached document and is given to comply
with Section 2253-021, Government Code, and Section 53 .202, Property Code, effective
September 1, 2001 .
~ TRAVELERS J
Attorn ey -In Fact No . 22 139 8
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
Farmi ngton Casualty Company
Fideli ty an d Guaranty Insurance Company
Fi delity and Guaranty Insurance Underwriters , Inc .
St. Paul Fire and Marine In surance Company
St. Pau l Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. Q Q 3 12 4 7 3 4
KNOW ALL MEN BY THESE PRESENTS : That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury In surance
Company are corporations duly organized under the laws of the State of Minnesota , that Farmington Casualty Company, Travelers Casualty an d Surety Company, and
Travelers Casualty and Surety Company o f America are corporations duly organ ized under the laws of the State of Connecticut , that Uni ted States Fidelity and Guaranty
Company is a corporation du ly organized under th e law s of the State of Maryland , that Fidelity an d Guaranty In surance Company is a corporation duly organized under
the laws of the State of Iowa , and that Fidelity and Guaranty In surance Underwriters , Inc., is a corporation duly organized under the laws of the State of Wi scons in
(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoi nt
Carol F. Tasc io ui , Evonne Brown . Adele M. K o rc zak . Grace Villarreal. Gail Schroeder. Ci nd y Genslinger. Gina M. Damato . Th omas A. Pi c tor.
Erik Ja nssens . J ane Bronson. Michael Damewood. Rose ma ry Muliere. Kath leen M . Anderson , Vae nessa Sims. Lui sa Cata lan o. Marva Mill er.
Th o mas N. T ag ue , Brenda D . Hockberger. M eredith Da y, Carlin a A. Jewell. T ara S. Pe te rse n , T odd D. Barani ak. Dale F. Po qu e tte , Oscar F.
Rin con. Hea th er Meyer. Mo is es Alcantar. James P . Fa ga n . Amar Pa te l. Heath er J. Meneghetli. Jo hn C. Reddin g. Stephanie Miller.
Phil Horvat h. Grace Lawrence. David Le tc he r, And rew Stontz, Je nnife r Seppi. Ann Mulder. and Gabriel Jacqu ez
of the City of Naperville/Chicago , State of Illinoi s , their true and lawful Attomey(s)-in-Fact,
each in their se parate capacity if more than one is named a bove , to sign , execute , seal and acknowledge any and all bonds , recognizances, co nditi onal und ertakings and
other writings obligatory in the nature thereof on beh alf of the Companies in their business of guara nteeing th e fidelity of persons, g uaranteei ng th e performance of
contracts and executing or guaranteein g bond s and undertakin gs required or permitted in any actions or proceedings allowed by law.
State of ILLINOIS
Co unty of/DU PAGE
On this / day of 2009 , befor e me personall y appea red Marva M ill er ,
known to me to be the Attorne y-in-Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERIC A , the corp oration
that ex ecu te d the w ithin in strument and acknowl edged to me th at such corporation exe cuted the sa me.
IN WITN ESS WH EREOF, I have hereunto set m y h and and affi xe d my officia l sea l th e day an d yea r in this certifica te firs t wri tten above.
BRENDA D. HOCKBERGER /., II g ~ NOTARY PUBLI C -STATE OF ILLINOIS U 1 ~
MY COM M ISSION EXPIRES FEB 4 .-20 12 (N t p bl' ) ' 0 ry ti I C
State of Connecticut
City of Hartford ss.
By:
14th July 2009
On this the day of , before me personally appeared George W. Thompson, who acknow ledge d
himself to be the Senior Vice Pres ident of Farmington Casualty Company, Fide lit y and Guaranty In surance Company, Fidelity and Guaranty Insurance Unde rwri te rs,
Inc ., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury In suran ce Company, Trave lers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and U nit ed States Fide lit y and Guaranty Company, and th at he , as such , being a uthori zed so to do ,
executed the foregoing instrument for the purposes therein conta ined by sign in g on behalf of th e corporations by himself as a duly au th orized officer.
In Witness Whereof, I hereunto set my hand and official sea l.
My Commission expires the 30th day of Jun e, 2011.
58440 -4-0 9 Prin te d in U .S.A .
\... Marie C. Tetreault , Notary Public
WA RNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BO RD ER
WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty In s urance Company , Fidelity and Guaranty Insurance Underwriters , Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolution s are now in full force an d effect, reading as follows : 1
RESOLVED , that the Chairman , the Pres ident , any Vice Chairman, any Executive Vice President, any Senior Vice President , any Vice President , any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as hi s or her certificate of authority may prescribe to sig n with the Company's name and seal with the
Company's seal bonds , recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking , and any
of sa id officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her ; and it is
FURTHER RESOLVED , that th e Chairman, the President , any Vice Chairman , any Executive Vice President , any Senior Vice President or any Vice President may
delegate a ll or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary ; and it is
FURTHER RESOLVED , that any bond , recognizance , contract of indemnity, or writing obligatory in the nature of a bond , recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President , any Vice Chairman , any Executive Vice President, any Senior Vice President or any Vice
President , any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company 's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal , if required) by one or more Attorneys-in-Fact and Agents pursuant to the power
presc ribed in hi s or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED , th at th e signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents , Re sident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakin gs and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be va lid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile sea l shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I , Kori M. Johanson , the undersigned, Assistant Secretary, of Farmington Casua lty Company, Fidelity and Guaranty In surance Company, Fidelity and Guaranty Insurance
Underwriters, Inc ., St. Paul Fire and Marine Insurance Company, St . Paul Guardian Insurance Company , St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and ha s not been revoked.
'APR I 3 2010
IN TESTIMONY WHEREOF , I have hereunto set my hand and affixed the seals of said Companies this ____ day of __________ ~, 20
Kori M. Johans
To verify the authe nti city of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond .com. Please refer to the Attorney-In-Fact number, the
above-named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATIORNEY JS INVALI D WITHOUT THE RED BORDER
Bo n d No. 105343322
PAYMENTROND
THE STATE OF TEXAS
COUN'TY OF TARR.A.NT
'
§
§
§
KNOW ALL BY THESE PRESENTS:
That we, (1 ), ACE PIPE CLEANING, INC. as Principal herein, and (2) Tr ave, e r s
_ca_s_ua_l_t _y _a_nd_Su_r_et_v_c_o_m_p a_n_y _o_f _A_me_r_i c_a~------a corporation organized ·and existing under
the laws of the State of (3) Co nn e c:t i c ut as surety, are held and firmly bound unto the City
of Fort Worth, a-municipal corporation located in Tarrant and Denton Counties; Texas, Obligee
·herein, in the amount of SIX HUNDRED · FIFTEEN THOUSAND NINE · HUNDRED lWENTY .
FIVB DOLLARS AND Np CENJS ($615,925.00)for the payment whereot: the said Principal and .
Surety bind. themselves and th~ir heirs, executors, administrators, successors and assigns, jointly
. .
and severally, finnly by these presents: ·
WHEREAS, the Princi d into a certain written · contract with the Obligee
dated the __ day of · 20 ~ which contract is hereby referred to and
made a part hereof as if fully and to the same extent as if copied at length, for the following
project:
'Interceptor Condition Assessment Program Contract 2:· Large
Diameter Sanitary Sewer Cleaning
NOW, THEREFORE, THE CONDIDON OF TillS OBLIGATION IS SUCH, that if the
said Principal ~hall faithfully make payment to each and every claimant (as defined i~ Chapter ·
2253, Tex.as Government Code, as amended) supplying labor or materials in the prosecution of
the work under the contract, then this obligation shall be void; otherwise, to remain in full force
and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the
Texas Government Code, as am.ended, and all liabilities on this bond shall be determined in
accordance with the provisions of said statute, to the same extent as if it were copied at length
herein.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the
Surety have execu~ed this instrument.
I
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APR 1 3 2010
SIGN~ and SEALED this ___ day of ________ ____, 20_.
ATTEST:·
Ace Pipe C leanin g, Inc .
PRINCIPAL
By:~
Name: /3~cE JA,,.u.i
(Principal) Secretary
Titl~: g~ r1>A11tl.-rl1«L..
(SEAL) Address: 1509 Sylvania CT .
fort Worth, IX 76111
Witness as to Principal .
A1TEST: ·
NOTE: (1)
(2)
(3)
Travelers Casualty a nd Surety Company of America
SURETY · ,
By:~f?b/~
Name: ----------A tt om e y in Fact Ma rv a Mi I I er
Address: One Tower Square ---------Hartford, CT 06 183
Telephone Number: soo.747.3719
Correct .name of Principal (Contractor).
Correct name of Surety.
St.ate of incorporation of Surety
Telephone number of surety must be stated. In addition, an original copy of
Power of Attorney shall be attached to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract
... -:
TRAVELERSJ
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may contact Travelers Casualty & Surety Company of America, Travelers Casualty
& Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company
and/or Farmington Casualty Company for information or to make a complaint at :
Travelers Bond
Attn: Claims
1500 Market Street
West Tower, Suite 2900
Philadelphia, PA 19102
(267) 675 -3130
(267) 675-3102 Fax
You may contact the Texas Department of Insurance to obtain the information on .
companies, coverages, rights or complaints at:
Texas Department ofinsurance
P .O. Box 149104
Austin, TX 78714-9104
(800) 252-3439
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and
does not become a part or a condition of the attached document and is give n to comply
with Section 2253-021, Government Code, and Section 53 .202, Property Code , effective
September 1, 2001 .
-~
WARNING: THI S POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTO RNEY
TRAVELERS J Farmington Casualty Company
Fidelity and G uara nty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
Attorney -In Fact No . 22 13 98
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of Americ a
United States Fidelity and Guaranty Company
Certificate No. Q Q 312 4 7 4 7
KNOW ALL MEN BY THESE PRES ENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian In surance Company and St. Paul Mercury In suran ce
Company are corporations duly organized und er the laws of th e State of Minnesota, that Fannington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualt y and Surety Company of America are corporations duly organized under the laws of the State of Connecticut , that United States Fidelity and Guaranty
Company is a corporation duly organized und er the laws of the State of Maryland , that Fidelity and Guaranty In s urance Company is a corporation duly organized und er
the laws of the State of Iowa , and th at Fidelity and Guaranty In surance Underwriters, In c., is a corporation duly organized under the laws of the State of Wisconsin
(herein coll ectively called th e "Comp anies"), an d th at the Companies do hereby make , constitute and appo int
Caro l F. Tasciotti. Evonne Brown. Ade le M. Ko rczak. Grace Vill a rreal , Gail Schroeder. Cindy Genslinger, Gina M. Damato. Thomas A. Pictor,
Erik Janssens. Jane Bronso n. Michael Damewood. Rosemary Muliere. Kathleen M. Anderson . Vaenessa S im s . Lui sa Catalano, Marva Miller.
Thomas N. Tague. Brenda D. Hock he rger. Meredith Day . Carlina A. Jewell. Tara S. Petersen. Todd D. Baraniak. Dale F. Poqu ette. Oscar F.
Rincon . Heat her Meyer. Moises Alcantar. J a mes P. Fagan . Amar Pate l. Heath er J . Meneg hetti. John C. Reddin g . Stephanie Miller.
Phil Horvath , Grace Lawre nce. David Le tcher. Andrew Stontz . Je nnife r Seppi. An n Mulder. and Gabriel Ja cquez
of the City of Napervi ll e/Chicago , State of lll inois , their true a nd lawful Attomey(s)-in-Fact ,
eac h in their separate capaci ty if more than one is named above , to sig n , execute , seal and acknowledge any and all bonds , recog nizances , conditional undertakings and
other writin gs obli gatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of person s, g uaranteeing the performance of
contracts and executing or guaranteeing bond s and undertakings required or permitted in any actions or proceedings allowed by law .
State of ILLINOIS
County of DUPAGE
kn t b . , 2009 , before me personally ap d . On this ~ day of
own o me to e the Attorney-m-Fact of TRAVELERS CASUALTY AN peare Marva Miller .
that exe uted the within instrument and acknowledged to me thats h ~ SURETY COMP ANY OF AMERICA, the corporation
uc corporat10n executed the same.
IN WITNESS WHEREOF, I have hereunto _set my hand and affixed my official seal the day and year in this certificate first written abo ve.
BRENDA D. HOCKBERGER g ~
NOTARY PUBLIC · STATE OF ILLINOIS (/
MY COMMISSION E XPIRES FEB 4. 2012 A A ~ ..-"I
(Notary Public) ~
State of Connecticut
City of Hartford ss .
u Y·
/~eorg"(fJ Thomp son, tj1ice President
14th Jul y 2009
On this the d ay of , before me perso nally appeared George W. Thompson , who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., St. Paul Fire and Marine In surance Company, St. Paul Guardian In surance Company, St. Paul Mercury Insurance Company, Travelers Casualt y and Surety
Company, Travelers Casualty an d Surety Company of America , and United States Fidelit y and Guaranty Company, and that he, as s uch, being a uth orized so to do,
executed th e forego in g instrument for th e purposes th erein contained by s ignin g on behalf of the corporations by himself as a du ly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commiss ion expires the 30th day of June, 2011.
58440-4-09 Printed in U .S.A .
\... Marie C. Tetreau lt, Notary Publi c
WARNING : THIS POWER OF ATTORNE Y IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Board s of Directors of Farmington Casualty Company, Fid~ity
and Guaranty Insurance Company , Fidelity and Guaranty Insurance Underwriters , In c., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company , Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America , and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect , reading as follows:
RESOLVED, th at the Chairman , the President , any Vice Chairman , any Executive Vice President , any Senior Vice President , any Vice President , any Se~ond Vice
President , the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Sec re tary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of th e Company and may give such appointee such authority as his or her certificate of authority may pre sc ribe to sign with the Company's name and seal with th e
Company's seal bonds, recognizances, contracts of indemnity , and other writings obligatory in the nature of a bond , recognizance, or conditional undertaking, and any
of said officers or the Board of Direc tor s at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED , that the Chairman, the President , any Vice Chairman, any Executive Vice Pres id en t , any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary ; and it is
FURTHER RESOLVED , that any bond , recognizance , contract of indemnity , or writing obligatory in the nat ure of a bond , recognizance, or conditional undertaking
shall be valid and binding upon th e Company when (a) signed by the President, any Vice Chairman , any Executive Vice President , any Senior Vice President or any Vice
President, any Second Vice Preside nt, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary ; or (b) duly executed (under seal, if required) by one or more Attorney s-in-Fact and Agents pursuant to the power
prescribed in hi s or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of a uthority ; and it is
FURTHER RESOLVED , that the signature of each of th e following officers: President , any Executive Vice President , any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, a nd th e seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Pre sidents , Resident Assistant Secretaries or Attorneys-in-Fact for purpo ses only of executing and attesting bonds
and undertakings and other writings ob li gatory in the nature thereof, a nd any such Power of Attorney or certificate bearing such facsimi le signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be va lid and binding on
the Company in th e future with respect to any bond or understanding to which it is attached.
I , Kori M. Johanson , the undersigned ,Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc ., St. Paul Fire and Marine Insurance Company , St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company , Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney exec uted by said Companies, whic h is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF , I have hereunto set my hand and affixed the seals of said Companies thi s
0 ~
{APR l y~f_20_10 ____ ,20
Kori M . Johans
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the
above-named individual s and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL BY THESE PRESENTS:
§
§
§
Bond No . 105343322
MAINTENANCE BONO
That ACE PIPE CLEANING, INC. ("Contractor"),as principal, and, Tr ave I e r s
Casua lty a n d.Su r ety Company of Amer i ca acorporationorganizedunderthelawsoftheStateof~--
Co nnect i cut ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of
. . . -. . . . . . .
Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws of the State of
Texas, ("Cifyj in Tarrant C_ounty, Texas, the sum of SIX HUNDRED FIFTEEN THOUSAND . NINE
. .
!"(UNDRED ·TWENTY FIVE DOLLARS AND NO CENTS ($615,925.00}, lawful money of the United · . . . ..
States, for payment of which sum well and truly be made unto said City and its successors , said
. Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and
successors , jointly and severally.
This obligation is conditioned, however, that
-WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort
Worth, dated the~of . APR~ 3 ZO.l~ 20_;. a copy of which is hereto attached and made a
part hereof, for the performance of the .following described public improvements:
. Interceptor Condition Assessment Program Contract 2: Large
Diameter sanitary Sewer Cleaning
the same being referred to herein and in said contract as the Work and being designated as -project . . .
number(s) PE45-0707015-539120 and said ~ntract, including all of the spec rfications, conditions,
addenda, change orders and written instruments referred to therein as Contract ·oocuments being
incorporated herein and being made a part hereof; and ,
WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct
the work that it will remain in good repair and condition .for and during a period of after tha date of the
final acceptance of the work by the City ; and
WHEREAS, said Contractor binds itself to maintain said work in good repair and
condition for said term of Two {2l years; and
WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in
part at any time within said period, if in the opinion of the Director of the City of Fort Worth
Departme_nt of Eng ineering, it be necessary; and,
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WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to
repair or reconstr,uct said Work as herein provided.
NOW·THEREFORE, if said Contractor shall Keep and perform its said agreement to
maintain, repair'or reconstruct said Work in accordance with all the terms and conditions of said
Contract, these presents shall be null and void, and have no force or effect. Otherwise, this
Bond shall be and remain in full force and effect, and the City shall have and recover from
Contractor and Surety damages in the premises as prescribed by said Contract. . .
This obligation shall be a continuing one and successive recoveries may be had hereon
for success"ive breaches until the full amount hereof is exhausted.
IN WITNESS WHEREOF, this instrument Is exe uted in ____ 9 __ counterparts, each of
which shall be deemed a~ origin~!, this~ day of
I PR 1 3 2010 · , A.O. 20_.
ATIEST:
(SEAL)
Secretary
AlTEST:
·(SEAL}
Secretary
Ac e Pi pe Cl ea nin g, Inc .
Tr a ve l e r s Casua lty a nd Su r e ty Compa ny o f Ame ri c~
Surety
By:
Name: Ma rva Mi I fe r
':··· .
Title: Atto rn e y-In -Fa c t
One Towe r Sq ua re
Ha rtf o r d , CT 06 183
Address
'• .-::.:.: ">:' :•, ',.", ' ' • ', " I '••••• •~••••~
TRAVELERS]
IMPORT ANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
You may contact Travelers Casualty & Surety Company of America, Travelers Casualty
& Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company
and/or Farmington Casualty Company for information or to make a complaint at:
Travelers Bond
Attn: Claims
1500 Market Street
West Tower, Suite 2900
Philadelphia, PA 19102
(267) 675-3130
(267) 675-3102 Fax
You may contact the Texas Department of Insurance to obtain the information on.
companies, coverages, rights or complaints at:
Texas Department oflnsurance
P.O. Box 149104
Austin, TX 78714~9104
(800) 252-3439
ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and
does not become a part or a condition of the attached document and is given to comply
with Section 2253-021, Government Code, and Section 53 .202, Property Code, effective
September 1, 2001.
. ..... WARNING : THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELERS J Farmington Casualty Company
Fidelity and G uaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire a nd Marin e Insurance Company
St. Paul Guardian Insurance Company
Attorney-In Fact No. 221398
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No . Q O 312 4 7 5 6
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota , that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut , that United States Fidelity a nd Guaranty
Company is a corporation duly organized un der the laws of the State of Maryland , that Fidelity and Guaranty In surance Company is a corporation duly organized under
the law s of the State of Iowa, and that Fidelity and Guaranty In surance Underwriters , In c., is a corporation duly organized under the laws of the State of Wisconsin
(here in collectively called the "Companies"), a nd that the Companies do hereby make, constitute and appoint
Caro l F . Tasciolli . Evonne Brown. Adele M. Korczak. Grace Villarreal. Gail Schroeder, Cindy Genslinger. Gina M. Damato . Thomas A. Pictor.
Erik Janssens. Jane Bronson. Michael Damewood. Rosemary Muli e re. Kathl een M . Anderson, Yaenessa Sims. Lui sa C a talano . Marva Miller.
Thomas N. Tague, Brenda D. Hockberger. M e red ith Day. Carlina A. J ewell . T ara S. Petersen. Todd D. Baraniak. Da le F. Poq uell e. Oscar F.
Rincon. Heath er Meyer. Moises A lcan tar. J ames P. Fagan. Amar Patel. H eath er J. Meneghetti. John C. Redding . Stephanie Miller.
Phil Horvath . Grace Lawrence. David Letcher. Andrew Stontz. J en nife r Seppi. Ann Mulder. and Gabriel J acq uez
of th e City of Napervi ll e/Chicago , State of Illin o is , their true a nd lawful Attorney(s)-in-Fact,
each in th eir se parate capacity if more than one is named above, to sign , execute, seal and acknowledge any and all bonds , recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons , guaranteeing the performance of
contracts and executing or guaranteeing bonds and und ertakings required or permitted in any action s or proceedings allowed by law.
State of ILLINOIS
County of DVPAQ.g
On this d
14th
-'-• he beretQJ1ffi,,,x:,::e,::,d ,._;, t::.:h::.:is'...::::==:=---------
~
. ayof
0 me to be the Attome . · _ , 2009
tha \'!X ecuted the with. . y in-Fact of TRAVELERS CA _, before me personaJly a
m Instrument and kn SUALTY AND ppeared M
ac owledged to me that SURETY COMP AN arva Miller
IN WITNESS WHEREOF, I have h such corporation executed the same . y OF AMERICA, the corporati o;1 I
. ereunto set my hand and affi
.. I I . IXed my official seal the da a .
BRENDA D. HOCKBERGER y nd ye ar m th is certificate fi .
NOTARY PUBLIC -STATE OF ILLINOIS g rst Written above
MY COMMISSION EXPIRES FEB 4 .. 2012 / /1 yJ .
4./&i~ .,~J 11
(No (aryPublic) 4Le.,b~ e
State of Connecticut
City of Hartford ss.
14th Jul y 2009 On this the day of , before me personally appeared George W. Thompson , who ac kn ow ledgeo
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company , Fidelity and Guaranty In surance Underwriters,
Inc., St. Paul Fire and Marine In surance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of Americ a , and United States Fidelity and Guaranty Company, and that he , as such, being authori zed so to do ,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a du ly authorized officer.
In Witness Whereof, I hereunto set my hand and offic ial sea l.
My Commission expires th e 30th day of Jun e , 20 11 .
58440-4-09 Printed in U.S .A.
'-Mari e C . Tetre ault , Notary Publi c
WARNING : THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER .-
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, lnc ., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect , reading as follows:
~ RESOLVED , that the Chairman , the President , any Vice Chairman , any Executive Vice President , any Senior Vice President , any Vice President, any Second Vice
President , the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company 's name and seal with th e
Company 's seal bonds, recognizances , contracts of indemnity, and other writings obligatory in the nature of a bond , recognizance , or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED , that the Chairman , the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED , that any bond , recognizance , contract of indemnity, or writing obligatory in the nature of a bond , recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President , any Vice Chairman , any Executive Vice President , any Senior Vice President or any Vice
President , any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary ; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED , that the signature of each of the following officers: President , any Executive Vice President, any Senior Vice President , any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the sea l of the Company may be affixed by facsimil e to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents , Resident Assistant Secretaries or Attorneys-in-Fact for purposes on ly of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I , Kori M. Johanson , the undersigned ,Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty In surance
Underwriters, Inc ., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company , Travelers Casualty and Surety Company of America , and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked.
'APR 1 3 2010
IN TESTIMONY WHEREOF , I have hereunto set my hand and affixed the seals of said Companies this ____ day of ___________ , 20
C
~
Ko ri M. Johan s
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the
above-named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER
-
PARTG
CONTRACT
THE STATE OF TEXAS
CITY OF FORT WORTH, TEXAS
CONTRACT
KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT APR 1 3 2010
This Contract made and entered into this the __ day of A.D ., 20_, by and between
the CITY OF FORT WORTH, a home-rule municipal corporation situated in Tarrant, Denton, Parker, and
Wise Counties , Texas, by and through its duly authorized Assistant City Manager, ("Owner"), and
(Contracting Company Name here), ("Contractor") Owner and ACE PIPELINE CLEANING, INC.
Owner and Contractor may be referred to herein individally as a "Party" or collectively as the "Parties ."
WITNESSETH: That said parties have agreed as follows :
1.
That for and in consideration of the payments a:nd agreements hereinafter mentioned to be made
and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith,
the said Contractor hereby agrees with the said Owner to commence and complete the construction of
certain improvements described as follows :
Interceptor Condition Assessment Program Contract 2: Large
Diameter Sanitary Sewer Cleaning
That the work herein contemplated shall consist of furnishing as an independent contractor all
labor, tools, appliances and materials necessary for the construction and completion of said project in
accordance with the Plans and Specifications and Contract Documents prepared by the Department of
Engineering for the Water Department of the City of Fort Worth adopted by the City Council of the City
of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a
part of this contract the same as if written herein.
3 .
The Contractor hereby agrees and binds himself to commence the construction of said work
within ten (10) days after being notified in writing to do so by the Department of Water (Engineering) of
the City of Fort Worth .
4.
The Contractor hereby agrees to prosecute said work with reasonable diligence after the
commencement thereof and to fully complete and finish the same ready for the inspection and approval of
the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth
within a period of 365 Calender days.
If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contrac=t---,
Documents within the time so stipulated, plus any additional time allowed as providbd in the General
OFFI . _c ~D
CITY SECRETARY
FT. WORTH, TX
J
Conditions, there shall be deducted from any monies due or which may thereafter become due him, the
&um of $315.00 Per working day, not as a penalty but as liquidated damages, the Contractor and his
~urety shall be liable to the Owner for such deficiency .
5.
Should the Contractor fail to begin the work herein provided for within the time herein fixed or to
carry on and complete the same according to the true meaning of the intent and terms of said Plans,
Specifications and Contract Documents, then the Owner shall have the right to either demand the surety
to take over the work and complete same in accordance with the Contract Documents or to take charge of
and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost
to the said City shall exceed the contract price or prices set forth in the said plans and specifications made
a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and
specifying an itemized statement of the total cost thereof, said excess cost.
6
Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the
project site for Contractor's sole negligence . In addition, Contractor covenants and agrees to indemnify,
hold harmless and defend, at its own expense, the Owner, its officers , servants and employees, from and
against any and all claims or suits for property loss, property damage, personal injury, including death,
arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor,
its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury,
damage or death is caused, in whole or in part, by the negligence or alleged negligence of
Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify
and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and
employees and any damage, loss or destruction to property of the Owner arising from the performance of
any of the terms and conditions of this Contract, whether or not any such iniury or damage is
caused in whole or in part by the negligence or alleged negligence of Owner, its officers,
servants or employees ..
In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior
to final payment, final payment shall not be made until Contractor either (a) submits to Owner
satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b)
provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred
to the insurance carrier.
The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public
work from a Contractor against whom a claim for damages is outstanding as a result of work performed
under a City Contract.
7 .
The Contractor agrees, upon the execution of this Contractor, and before beginning work, to
make, ex ecute and deliver to City of Fort Worth the following bonds in the name of the City of Fort
Worth in a sum equal to the amount of the Contract. The form of the bond shall be as herein provided
and the surety must first be acceptable to the requirements of the Chapter 2253 of the Texas Government
Code, as Amended.
A . If the total contract price is $25 ,000 or less, payment to the contractor shall be made in
one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has
been completed and accepted by the Owner.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1
B . If the contract amount is in excess of $25 ,000, a Payment Bond shall be executed, in the
amount .. of the Contract, solely for the protection of the claimants supplying labor and material in the
~rosecution of the work.
C If the Contract amount is in excess of $100,000 , a Performance Bond shall be executed,
in the amount of the Contract conditioned on the faithful performance of the work in accordance with the
Plans, Specifications, and Contract Documents . Said bond shall solely be for the protection of the Owner.
D . A Two-year Maintenance Bond in the name of the Owner is required for all projects to
insure the prompt, full and faithful performance of the general guarantee contained in the Contract
Documents .
8 .
The Owner agrees and binds itself to pay, and the Contractor agrees to receive, for all of the
aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal
submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in
monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of
invoice from the Contractor. The agreed upon total contract amount (including/excluding) alternates n/a ,
shall be SIX HUNDRED FIFTEEN THOUSAND NINE HUNDRED TWENTY FIVE DOLLARS
AND NO CENTS ($615,925.00).
9.
It is further agreed that the performance of this Contract, either in whole or in part, shall not be
sublet or assigned to anyone else by said Contractor without the written consent of the Owner. Any
request for any sublease or assignment shall be made in writing and submitted to the Director of the
Engineering Department.
10 .
The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is
classified, promulgated and set out by the City of Fort Worth, Texas , a copy of which is attached hereto
and made a part hereof the same as if it were copied verbatim herein .
11.
It is mutually agreed and understood that this agreement is made and entered into by the parties
hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of
the State of Texas with references to and governing all matters affecting this Contract, and the Contractor
agrees to fully comply with all the provisions of the same.
IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in §.
counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the
corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its
duly authorized officers in ~ counterparts with its corporate seal attached .
OFFICIAL ECO
CITY SECRETARY
FT. VVOR HT
1
� � t � < < � ` � f � � �
r
r
� � � 1 �
Done in Fort Worth, Texas , this the _ ay ~ _3_z_0_10,......CA.D ., 20 _ .
•
'f
RECO~D~:. l (JA . J J
BY :~
DIRECTOR, DEPARTMENT OF
WATER
Contract. ltuthoriiatioa
L\-0
Oa te
Aei.~ff, e/c,w,~
CONTRACTOR
BY :~C6~~
?'zfu111Ai /J1/JN«t£
TITLE
/stfJ Sylv'M,-A er. 14 Jtb/t, ~.
ADDRESS ;6 ///
CITY OF FORT WORTH
FERNANDO COSTA , ASST CITY MANAGE R
ATTEST:
CITY SECRETARY
(SEAL)
APPROVED AS TO FORM AND
LEGALITY :
OFFICIAL RECORD
CITY SECRE fARY
FT. WORTH, TX
. ---
'·,
·-
APPENDIX A
WASTE HAULER'S PERMIT INFORMATION
l
Requirements for City of Fort Worth
Waste Hauler Permits and Inspections
All documents listed below are to be retained in our
Waste Hauler's permanent file:
( ) Application for Permit: All information filled-in, signed and dated.
( ) Agreement for Disposal: Required if septage or chemical toilet
waste is disposed of at Village Creek. All information filled in, signed and dated.
( ) Copy of current TCEO Registration Certificate.
( ) Copy of current Insurance Certificate for each vehicle.
( ) Copy of current Manager of Operations Driver's License
The following items are required to be installed before the
inspection appointment:
1. All required stickers 3 inches in height on both sides of truck in contrasting color:
a. TCEQ Registration Number
b. TCEQ Sludge Sticker
c. Fort Worth Waste Hauler Registration Number
d. Discharge port labeled "Discharge Port"
e. Current Inspection Sticker
f. Current Vehicle Registration Sticker
g. Company name and phone number
h. Trucks carrying water: labeled with volumes of waste and water with dividing line
2. Waste and water tank required to be loaded over 50% for inspection.
3. License plate mounted on vehicle.
4. For trucks carrying both fresh water and waste, an air gap two times the diameter of the
supply line or RPZ Backflow Preventer must be installed.
CITY OF FORT WORTH WATER DEPARTMENT
PRETREATMENT SERVICES DIVISION
Application For Liquid Waste
Transportation Permit
(Please complete all pages of the application)
1. Name of business
2. * Physical address of business
3. * City State ZIP -----------
4. Mailing address of business
5. City State _______ ZIP __ _
6. Name of owner
7. Manager of operations
8. Manager's driver's license# __________ State ______ _
9. Business telephone(s) ----------------------
10. Cell telephone(s) -----------------------
11. Emergency notification telephone(s) -----------------
12. E-Mail Address ------------------------
13. Name, address, telephone number of corporation/parent company (if applicable) ___ _
14. Indicate below all the types of liquid waste to be transported:
( ) Grease Trap Waste
( ) Septic Tank Waste (Septage)
( ) Sand/Grit Trap Waste
( ) Chemical Toilet Waste
TCEQ# ----------------Expiration Date ___ _
* NOTE: P. 0. Boxes are not acceptable. Must state street address.
15. Within the five years preceding the date of application, have you been convicted of a
, misdemeanor or felony that has been punishable by confinement and/or by a fine exceeding
$500.00 and which directly relates to the duty or responsibility in operating a liquid waste
transportation business? Yes ( ) No ( )
Explain If Yes:
16. Do you currently have fines or charges pending from other municipalities relating to the
liquid waste transportation business? Yes ( ) No ( )
Explain If Yes:
17. Complete the attached "Drivers License List" on Page 3 and "List of Vehicles to be
Permitted" on Page 4. Show all information requested for each driver and vehicle to be
permitted.
18. Total number of vehicles to be permitted today is---------------
19. List below the permitted disposal site(s) to be used by the vehicles on this permit
application . Show name of contact person, address and telephone number for each site.
20. Please provide COPIES of proof of insurance of all vehicles to be used by your company.
21. Please provide a COPY of the operation manager 's drivers license.
22. Please provide a COPY of the Texas Commission of Environmental Quality Registration
issued to your company to dispose of waste.
Schedule of Fees:
Septage charge -$16. 09 per 1,000 gallons
Monthly Service Charge-$4.50
2
General Fees:
Permit Fee each vehicle-$300.00
Trip Ticket Books-$10.00 each
23. Certification Statement: This application is to be signed by the owner of the business , or
, officer of a corporation, after adequate completion of this form and review by the person
signing below.
"I have examined and am familiar with the information submitted in this application. I
believe that the information submitted is true, accurate and complete. I agree to accept and
to abide by all applicable ordinances and regulations of the City of Fort Worth. I understand
that falsification of any information submitted shall be cause for termination of the Liquid
Waste Transport Permit. I acknowledge that this permit authorizes the transport of only
those liquid wastes listed above in item 14 and I understand that no hazardous waste or
industrial waste is to be transported or mixed with liquid waste hauled under this permit.
Any person willfully or negligently violating PERMIT conditions is subject to a fine of two
thousand dollars ($2,000) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
Further , the CITY may issue Notice of Violation , conduct show cause hearings, revoke this
PERMIT and initiate legal actions to enforce the Ordinance and PERMIT conditions.
The CITY may invoice the PERMITTEE for costs incurred for any cleaning, repair, or
replacement work caused by a violation or discharge, and in the event PERMITTEE fails to
make payment of any such invoice , the CITY may suspend Liquid Waste Transport Permit.
I understand that the permit is valid for one year or as specified by the permit itself and must
be renewed on an annual basis to maintain a valid permit."
~te~ K~~,uu_
Signature ofOwner/Corporate Officer
Please return to:
Fort Worth Water Department
Pretreatment Services Division
920 Fournier Street
Fort Worth, Texas 76102-3456
Phone: (817)392-8305
Fax : (817)392-8566
Date
*******************************************************************************
If you have questions or need assistance in completing this application , please call (817) 3 92-8305
*******************************************************************************
3
Please list all vehicle drivers' information.
't
4
..
LIST OF VEHICLES TO BE PERMITTED
Name of Business ------------------------------------
Fort . " Year· ,,
Worth# · .. ·· ~/,
AGREEMENT FOR DISPOSAL OF LIQUID WASTE
This agreement is entered into on the _____ day of _______ _
20 __ by and between the City of Fort Worth and _______________ _
hereinafter referred to as "Hauler". ----------------------
1.
Hauler agrees to dispose of its septage and/or chemical toilet waste only at the designated
location(s) at Village Creek Wastewater Treatment Plant (VCWWTP). The locations for
disposal shall be directed by authorized staff at VCWWTP. Unless exempted, Hauler further
agrees that, prior to any disposal, to have an approved trip ticket as issued by the City of Fort
Worth Industrial Waste Section of the Water Department, or by another governmental entity
approved by authorized staff at VCWWTP.
2.
Hauler agrees, based upon the current rates for treatment and disposal, monitoring,
sample analysis and enforcement, to pay the City of Fort Worth for the volume of waste
disposed. Volume of waste shall be that as determined by vehicle tank size as contained in the
records of the City of Fort Worth Industrial Waste Section. Rates are subject to revision as may
be approved by the City Council of the City of Fort Worth. Invoices shall be rendered to Hauler
on a monthly basis and said invoices shall be due and payable to the City of Fort Worth thirty
(30) days from date of invoice. Payment shall be made at Fort Worth Water Department, 908
Monroe Street, Fort Worth, Texas 76102. Failure to make payments in accordance with this
agreement shall be grounds for termination. The City of Fort Worth reserves the right to deny
Hauler the right to dispose if payment is not made within thirty (30) days or the Hauler is
delinquent in the payment of disposal fees.
3.
Hauler agrees to make a deposit, in advance of the first disposal, in an amount of money
which will, in the judgment of the Director of the City of Fort Worth Water Department, be
sufficient to ensure the City of prompt payment of invoices. At a minimum, the deposit shall be
equal to an estimated one (1) month charge for disposal at VCWWTP.
4.
In the event of a spill of septage and/or chemical toilet waste within VCWWTP caused
by Hauler, Hauler agrees to clean up said spill. If Hauler fails to act, the City of Fort Worth may
perform the clean up and invoice Hauler for all costs incurred as a result. Hauler agrees to pay
the City of Fort Worth within thirty (30) days of the date of the invoice for such costs.
5 .
Disposal by Hauler shall be made at VCWWTP Monday through Friday of each week
between the hours of 8:00 o'clock a.m. and 4:00 o 'clock p.m. except for City of Fort Worth
holidays. Upon prior notice , exceptions to this schedule may be made by the Director of the City
of Fort Worth Water Department or his duly authorized representative.
6.
Hauler designates--------------------------
as his duly authorized representative. Such representative may be changed only in writing
signed by Hauler. Hauler's address for invoice is -----------------
and its telephone number is -----------------
CITY OF FORT WORTH
WATER DEPARTMENT
By : --------------
FORT WORTH
',· ···-· ... , ... .,, ... ,.
FEES FOR REGISTRATION and DISPOSAL AT
VILLAGE CREEK WASTEWATER TREATMENT PLANT
Schedule of Fees: General Fees:
General Fees (all users)
Trip Ticket Books (25 multi-part forms per book) $10 .00
Permit Fee each vehicle 1 $300.00
Companies that Dispose at Village Creek:
Septage & Chemical toilet Wastes 2
Monthly (Billing) Charge
Notes:
$16.09 per 1,000 gallons
$4 .50
1 -Permit fee is $300 per vehicle per calendar year. (Jan 1 through Dec 31). Fee is prorated at
$25.00 per month of actual permit duration .
2 -Only septage and chemical toilet wastes are accepted at Village Creek for disposal. All other
wastes must be disposed at permitted facilities designated in permit application.