HomeMy WebLinkAbout024934 - Construction-Related - Contract - B.T. Construction, Inc.SPECIFICATIONS CONTRACTCITY SECRETARY Y `/ 73 (.1'
AND
CONTRACT DOCUMENTS
FOR
RECONSTRUCTION OF CONCRETE DRIVEWAY AT 4204 WHITFIELD
AVENUE
In
THE CITY OF FORT WORTH, TEXAS
Kenneth Barr
Mayor
Bob Terrell
City manager
HUGO MALANGA, DIRECTOR
DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
LEE C. BRADLEY, JR., P.E.
DIRECTOR, WATER DEPARTMENT
A. DOUGLAS RADEMAKER, P.E.
DIRECTOR, DEPARTMENT OF ENGINEERING
PREPARED BY
CITY OF FORT WORTH
DEPARTMENT OF ENGINEERING
1000 THROCKMORTON
FORT WORTH, TEXAS 76102
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
RECONSTRUCTION OF CONCRETE DRIVEWAY AT 4204 WHITFIELD
AVENUE
In
THE CITY OF FORT WORTH, TEXAS
Kenneth Barr
Mayor
Bob Terrell
City manager
HUGO MALANGA, DIRECTOR
DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS
LEE C. BRADLEY, JR., P.E.
DIRECTOR, WATER DEPARTMENT
A. DOUGLAS RADEMAKER, P.E.
DIRECTOR, DEPARTMENT OF ENGINEERING
CITY OF FORT WORTH
DEPARTMENT OF ENGINEERING
1000 THROCKMORTON
FORT WORTH, TEXAS 76102
TABLE OF CONTENTS
1. Table of Contents
2. Special Instructions to Bidders (T/PW)
3. Prevailing Wage Rates
4. Proposal
5. Special Provisions
6. Plan
7. Contract
SPECIAL
INSTRUCTION TO BIDDERS
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SPECIAL
INSTRUCTION TO BIDDERS
1. WAGE RATES: All bidders will be required to comply with provision 5159a of "Vernon Annotated
Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established
by the City of Fort Worth, Texas and set forth in Contract Documents for this project.
2. INSURANCE: Within ten (10) days of receipt of notice of award of contract, the Contractor must
provide, along with executed contract documents and appropriate bonds, proof of insurance for
Worker's Compensation and Comprehensive General Liability (Bodily Injury -$250,000 each person,
$500,000 each occurrence; Property Damage - $300,000 each occurrence). The City reserves the right
to request any other insurance coverages as may be required by each individual project.
3. PAYMENT: Payment will be made in one lump sum 35 calendar days after completion and
acceptance of the work to be performed under this contract. Bills Paid Affidavits will be required
from all subcontractors and suppliers of material prior to payment being made.
4. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW:
A. Workers Compensation Insurance Coverage
a. Defmitions:
Certain of coverage ("certificate"). A copy of a certificate of insurance, a certificate of
authority to self -insure issued by the commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, or TWCC-84), showing statutory worker's compensation insurance
coverage for the person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project -includes the time from the beginning of the work on the project until
the contractor's/person's work on the project has been completed and accepted by the
governmental entity.
Persons providing services on the project ("subcontractor" in §406.096) -includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on
the project, regardless of whether that person contracted directly with the contractor and
regardless of whether that person has employees. This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor carriers, owner -operators,
employees of any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or toner 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 provided coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011 (44) or all employees of the
contractor providing services on the project, for the duration of the project.
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c. The Contractor must provide a certificate of coverage to governmental entity prior to
being awarded the contract.
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d. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
e. The contractor shall obtain from each person providing services on a project, and provide
to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for
all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
f. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter
g. The contractor shall notify the governmental entity in writing by certified mail or
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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
services on the project that they are required to be covered, and stating how a
Uproviding
uperson
may verify coverage and report lack of coverage.
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I. The contractor shall contractually require each person with whom itcc nlracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting on classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas labor Code, Section 401.011 (44) for all of its employees
providing services on the project, for the duration of the project;
a(2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of
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the person providing services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
0 current certificate of coverage ends during the duration of the project;
U(4) obtain from each other person with whom it contracts, and provide to the contractor:
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(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 wiring by certified mail or personal delivery,
within ten (10) days after the person knew, or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project; and
(7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services.
j. By signing this contract or providing or causing to be provided a certificate of coverage,
the contractor is representing to the governmental entity that all employees of the
contractor who will provide services on the project will -be covered by worker's
compensation coverage for the duration of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self
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 does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
B. The contractor shall post a notice on each project site informing all persons providing: services on the
project that they are required to be covered, and stating how a person may verify current coverage and
report failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules.
This notice must be printed with a title in 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 the worker
population. The text for the notices shall be the following text, without any additional words or
changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE"
The law requires that each person working on this site or providing services related to this construction
project must be covered by worker" compensation insurance. This includes persons providing, hauling
or delivering equipment or materials, or providing labor or transportation or other service related to the
project, regardless of the identity of their employer or status as an employee".
Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the
legal requirement for coverage, to verify whether your employer has provided the required coverage,
or to report an employer's failure to provide coverage".
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5. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons
because of sex, race, religion, color, or national origin and shall comply with the provisions of City
Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through
13A-29), prohibiting discrimination in employment practices.
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6. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the
l.� federal government, contractor covenants that neither it nor any of its officers, members, agents, or
employees, will engage 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 person because of their age except on the basis of a bona fide
occupational qualification, retirement plan or statutory requirement.
0 Contractor further covenants that neither it nor its officers, members, agents, or employees, or person
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
0 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
O harmless against any and all claims or allegations asserted by third parties against City arising out of
Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination
in the performance of this Contract.
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DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans
with Disabilities Act of 1990 ("ADA"), Contractor warrants that it 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 current employees of
Contractor. 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 against City arising out of Contractor's
alleged failure to comply with the above -referenced laws concerning disability discrimination in the
performance of this Contract.
Revised March 8, 1999
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oCITY OF FORT WORTH
HIGHWAY CONSTRUCTION
PREVAILING WAGE RATE FOR 1999
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CLASSIFICATION HOURLY RATE
AIR TOOL OPERATOR
ASPHALT RAKER
$ 9.00
9.55
BATCHING PLANT WEIGHER
8.80
CARPENTER
11.51
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CONCRETE FINISHER -PAVING
10.30
CONCRETE FINISHER -STRUCTURES
10.50
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CONCRETE RUBBER
8.84
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ELECTRICIAN
15.37
FLAGGER
7.55
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FORM BUILDER -STRUCTURES
9.83
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FORM LINER -PAVING & CURB
9.00
FORM SETTER -PAVING & CURB
9.24
FORM SETTER -STRUCTURES
9.09
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LABORER -COMMON
7.32
LABORER -UTILITY
8.94'
MECHANIC
12.68
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OILER
10.17
SERVICER
9.41
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PAINTER -STRUCTURES
11.00
PIPE LAYER
. 8.98
BLASTER
. ;, 11.50
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ASPHALT DISTRIBUTOR OPERATOR
10.29
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ASPHALT PAVING MACHINE
10.30
BROOM OR SWEEPER OPERATOR
8.72
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BULLDOZER
10.74
CONCRETE CURING MACHINE
9.25
CONCRETE FINISHING MACHINE
11.13
aCONCRETE
PAVING JOINT MACHINE
10.42
CONCRETE PAVING JOINT SEALER
9.00
CONCRETE PAVING SAW
10.39
CONCRETE PAVING SPREADER
10.50
SLIPFORM MACHINE OPERATOR
9.92
CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL
11.04
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FOUNDATION DRILL OPERATOR CRAWLER MOUNTED
10.00
FOUNDATION DRILL OPERATOR TRUCK MOUNTED
11.83
FRONT END LOADER
MILLING MACHINE OPERATOR
9.96
8.62
MIXER
10.30
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CITY OF FORT WORTH
HIGHWAY CONSTRUCTION
PREVAILING WAGE RATE FOR 1999
CLASSIFICATION HOURLY RATE
MOTOR GRADER OPERATOR FINE GRADE
MOTOR GRADER OPERATOR
11.97
10.96
PAVEMENT MARKING MACHINE
7.32
ROLLER, STEEL WHEEL PLANT -MIX PAVEMENTS
9.06
ROLLER, STEEL WHEEL OTHER FLAT WHEEL OR TAMPING
8.59
ROLLER, PNEUMATIC, SELF-PROPELLED SCRAPER
8.48
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SCRAPER
9.63
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TRACTOR -CRAWLER TYPE
10.58
TRACTOR -PNEUMATIC
9.15
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TRAVELING MIXER
8.83
WAGON -DRILL, BORING MACHINE
12.00
REINFORCING STEEL SETTER -PAVING
13.21
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REINFORCING STEEL SETTER -STRUCTURES
13.31
STEEL WORKER -STRUCTURAL
14.80
SPREADER BOX OPERATOR
10.00
WORK ZONE BARRICADE
7.32
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TRUCK DRIVER -SINGLE AXLE LIGHT
8.96
TRUCK DRIVER -SINGLE AXLE HEAVY
9.02
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TRUCK DRIVER -TANDEM AXLE SEMI TRAILER
8.77
TRUCK DRIVER-LOWBOY/FLOAT
10.44
TRUCK DRIVER -TRANSIT MIX
' . 9.47
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TRUCK DRIVER -WINCH
9.00
VIBRATOR OPERATOR -HAND TYPE
7.32
11.57
ciWELDER
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ElPart B
aPROPOSAL
To: Mr. Bob Terrell
City Manager
Fort Worth, Texas
RECONSTRUCTION OF CONCRETE DRIVEWAY AT 4204 WHITFIELD
(] AVENUE
The undersigned bidder has thoroughly examined the Contract Documents, including
Plans, Special Contract Documents, the General Contract Documents, and the site of the
0 project, understands the amount of work to be done, and hereby proposes to do all the
work, furnish all labor, equipment and materials necessary to fully complete all the work
as provided in the plans and specifications, and subject to the inspection and approval of
0 the Engineering Department Director of the City of Fort Worth, Texas.
The following work for the reconstruction of concrete driveway includes removal of
El existing driveway as shown on the plans, including saw -cut, and reconstructing new
concrete driveway complete including silicon joint as required.
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SPEC PAY APPROX. DESCRIPTION OF ITEMS WITH BID . UNIT'`
fl TOTAL
ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE
AMOUNT BID
D(Furnish and install, including all appurtenant work, complete in place, the
U following items)
0 104 1 1 LS Concrete Driveway @ Two Thousand
S.P. Five Hundred Dollars and
No Cents Per Lump Sum $2,500.00
$2,500.00
The undersigned assures that its employees and applicants for employment and those of
any labor organization, subcontractors, or employment agency in either furnishing or
referring employee applicants to the undersigned are not discriminated against as
n prohibited by the terms of City Ordinance No. 7278 as amended by the City Ordinance
U No. 7400.
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The Bidder agrees to begin construction within 10 calendar days after issue of the work
order, and to complete the contract within 15 working days after beginning construction
as set forth in the written work order to be furnished by the Owner.
Respectfully submitted,
T. Cr.1sTQ cu'[ o ►1 14 C.
By
Title
4. L oQ- � V(., 1((Z3
(SEAL) Address
If Bidder is Corporation
Date:?-�_`_'l
-END OF PROPOSAL-
SPECIAL PROVISIONS
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ITIN 104
fl 104.1. DXfI aCRIPDX: "Resoving Old Concrete" will consist of breaking
up, removing, and satisfactorily storing or disposing of old concrete
existing at locations shown on the plans.
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104.2. CONSTRUCTION iETHOOS: Existing concrete to be salvaged consisting
if pavement (with or without bituminous top)., floors, porches, patios, rip -
rap, median strips, foundations, sidewalks, driveways, combined curb and
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gutter, or curb only shall be broken up into pieces not greater than eighteen
inches in
(18) any dimension by air -driven machinery, or other suitable means.
Use of explosives for breaking up old concrete -to be removed will not be per-
mitted except when authorized In writing by the Engineer, and when so author-
ized, adequate precautions shall be taken to prevent damage to adjacent pro-
perty. Reinforcing steel shall be cut as necessary for satisfactory salvage
or disposal.
..Where only a portion of the existing concrete Is to be removed, special care
shall be exercised to avoid damage to that portion of the concrete to remain
in place. Existing concrete shall be sawed to the neat, lines shown on the
plans or established by'the Engineer; and any existing concrete beyond the
neat lines so established which is damaged or destroyed by these operations
shall be replaced at the Contractor's entire expense.
When indicated on the plans, old concrete which is removed shall be loaded,
hauled, and neatly stored at designated sites, or otherwise used as directed.
Portions of existing concrete not specified for salvage shall be disposed of
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by the Contractor at locations to be obtained by him, and the provisions that
the concrete be broken into pieces not greater than eighteen (18) inches in
any dimension shall not apply.
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Work performed under this item shall be inaugurated at such time, and prose-
cuted in such manner as to cause a minimum of inconvenience to traffic or to
the owners of the adjacent property.
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104.3. MEASUREMENT: Existing concrete pavement, floors, porches, patios, rip.
rap, median strips, foundations, concrete sidewalks, and concrete driveways,
removed as prescribed above, will be measured by the square foot in its origi-
nal -position, regardless of its thickness or the depth of covering. Existing
combined concrete curb and gutter and concrete curb only, removed as prescribed'
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above, will be measured by the lineal foot in its original position, regardless
of the dimensions of same.
104.4. PAYMENT: The work performed as prescribed by this item, measured as
provided under "Measurement", will be paid for at the unit price bid for "Re-
moving Existing Concrete" (of the type specified), which price shall be full
compensation for breaking up the concrete, cutting reinforcing steel when re-
quired, loading, hauling, unloading, and satisfactorily storing or disposing
the material, for labor, incidentals
•of and all tools, manipulation and neces-
sary to complete the work.
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ITEM 504
[I CONCRETE SIDEWALKS AND DRIVEWAYS
U 504,J. DESCRIPTION: This item will consist of concrete sidewalks and
driveways constructed as herein specified and in conformity with the lines
�--{ and grade as established by the Engineer, and the details as shown on the
�LII plans.
504.2. KAI'ERIALS:
(1) General. All materials and requireaents for concrete shall con-
form to the requirements.'of Item 502, "Concrete Curb and Gutter".
Item 602 shall also provide the requirements for, forcing, curing, and
other incidental construction items related to the placing of concrete
for sidewalks and driveways.
(2) Reinforcement. Driveway and walk reinforcing shall be #3 deformed
bars at eighteen (18) inches ocbw at the center plane of all slabs.
U. Smooth bars at expansion joints shall be per Item 502.
504.3. CONSTRUCTION METHODS:
(1) General. Concrete sidewalks will have a minimum thickness of
four (4) inches except sidewalks constructed in driveway sections
will have a minimum thickness of six (6) inches within the limits
of the driveway. All concrete driveways will have a minimum thick-
ness of six (6) inches. Standard slope for walks will be one -quarter
(1/4) inch per foot in the direction of the curb or street.
The Contractor shall furnish all materials, labor, and equipment, and
construct sidewalks and driveways, conforming to line, grade, loce-
tion, and design as indicated on the plans and in the specifications,
or as established by the Engineer.
The Contractor sha11•n.otify•:the'Engineer such that he may inspect all
subgrade, forms, and reinforcing steel before concrete is poured.
(2) Excavation. Excavation required for the construction of sidewalks
and driveways shall be to the •lines and grades as established by. the
Engineer, or as shown on the plans. .
(3) Fine Gradint. The Contractor shall do --11 necessary filling, lev-
eling, and fine grading required to bring the subgrade to the exact
grades specified.
(4) $and Cushion. After the fine grading has been completed, a two (2)
inch layer of sand or suitable gravel cushion shall be evenly spread.
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504.3- 504.5.
over the subgrade for sidewalks and driveways, thoroughly wetted, and
tamped into place to the satisfaction of the Engineer. The forms
shall be placed upon this sand or gravel base.
(5) Foras. Forms shall be of wood or metal, of a section satisfac-
tory to the Engineer, straight, free from warp, and of a depth equal
to the thickness of the finished work. They shall be securely staked
to line and grade and maintained in a true position during the depos-
iting ofconcrete.
(6) Finishint. Concrete sidewalks and driveways, shall be finished
to a true, even surface. They shall be troweled with•a steel trowel
and then brushed transversely to obtain a smooth uniform brush finish.
Joint and sides shall be edged with suitable tools.
(7) Joints. Expansion joints for sidewalks and driveways shall be
formed using premolded expansion joint material of an approved type.
Expansions joints shall be placed in the sidewalk at all intersect-
tions of sidewalks with concrete driveways, curbs, buildings, and
other sidewalks and at maximum intervals otherwise of two hundred
(200) feet or as otherwise specified by the Engineer. All expansion
joints shall be one-half (1/2) inch thickness, and shall be sealed.
Joints in combination walk shall match joints in abutting curb and
gutter.
The edges of all construction and expansion joints and the outer edges
of all sidewalks shall be finished to approximately a one-half (1/2)
inch radius with a suitable finishing tool. Sidewalks shall be "flag-
ged" at intervals equal to the width of the walk with a marking tool.
(8) Curing. Sidewalks and driveways shall be cured in accordance
with the requirements of Item 502, "Concrete Curb and Gutter," and
driveways will belprotected from vehicular traffic for•not less that
six (6) days.
504.4. MEASUREMENT: Measurement for sidewalks and/or driveways complete
in place will be by the square foot.
604.5. PAYMENT: Concrete sidewalks and driveways shall be paid for'at
the contract unit price bid, which price shall be full coMpensation for
excavating and preparing -the subgrade, furnishing and placing all mater-
ials, including gravel base and expansion joint arterials, and for all
manipulation, labor, tools, equipment, and incidentals necessary to com-
plete the work.
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PLAN AND L'O CATIO
Garage
Conc. IDwv. 766.44
706. S -r
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706.39
in
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12'
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To6• (,3
Back of W
:• 706.50
4' ] 06- '
7o.(7
tt06.45
4 c
Front of
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706.20
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5.4 _•
er:
1/4 Point: 706.24
Center: 706.42
1/4Point: t: 706.39
Gutter: 706.26
1/C: 706.79
706.41
A 42Q4 Whitfield
N Lot 13, Block 62
7°L/. Westcliff Addition
Solomon, Manuel M.
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n CITY OF FORT WORTH, TEXAS
iJ CONTRACT
L! THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
fl This agreement made and entered into this the / day of , A.D. 1999,
by and between the CITY OF FORT WORTH, a municipal corporate n of Tarrant County,
Texas, organized and existing under and by virtue of a special charter adopted by the qualified
fl voters within said City of the 11 day of December, A.D. 1924, under the authority (vested in said
voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a
resolution duly passed at a regular meeting of the City council of said City and the City of Fort
Worth being hereinafter termed Owner, ( .1' HEREINAFTER
CALLED CONTRACTOR.
WITNESSETH: That said parties have agreed as follows:
LI 1.
That for and in consideration of the payments and agreements hereinafter mentioned to be
fl 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:
RECONSTRUCTION OF CONCRETE DRIVEWAY AT 4204 WHITFIELD AVENUE
2. •
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 Transportation and Public Works and Water Department of the City of Fort Worth and
Ii 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.
a 3.
flThe Contractor hereby agrees and binds himself to commence the construction of said
0 work within ten (10) days after being notified in writing to do so by the Department of
Engineering of the City of Fort Worth.
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n 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 l5 working days.
El 5.
fl Contractor covenants and agrees to, and does hereby indemnify, hold harmless and
defend owner and the Construction manager, their officers, agents, servants, and employees,
from and against any and injury, including death, to any and all persons, of whatsoever kind or
fl u character, whether real or asserted, arising out of or in connection with, directly or indirectly, the
l� work and services to be performed hereunder by Contractor, its officers, agents, employees,
contractors, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by
alleged negligence on the part of officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees of the Owner; and said contractor does hereby covenant
and agree to assume all liability and responsibility of Owner and the Construction Manager, their
officers, agents, servants and employees for property damage or loss, and/or personal injuries,
including death, to any and all persons of whatsoever kind or character, whether real or asserted,
arising out of or in connection with, directly or indirectly, the work and services to be performed
hereunder by Contractor, its officers, agents, employees, contractors, subcontractors, licensees
and invitees whether or not caused, in whole or in part, by alleged negligence of officers, agents,
fl servants, employees, contractors, subcontractors, licensees or invitees or the Owner. Contractor
likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner and
Construction Manager from and against any and all injuries, loss or damages to property of the
Owner and Construction Manager during the performance of any to the terms and 'conditions of
this Contract, whether arising out of or in connection with or resulting from, in whole or in part,
any and all alleged acts or omissions of officers, agents, servants, employees, contractors,
subcontractors, licenses, or invitees of the Owner.
In the event a written claim form damages against the Contractor or its subcontractors remains
unsettled at the time all work on the project has been completed to the satisfaction of the
Department of engineering, as evidenced by a final inspection, final payment to the Contractor
shall not be recommended by the Department of Engineering to the Transportation and Public
Works Department for a period of thirty (30) days after the date of such final inspection, unless
the Contractor shall submit written evidence satisfactory to the Department of Engineering that
the claim has been settled and a release has been obtained from the claimant involved.
Although the claim concerned remains unsettled at the expiration of the above 30 -day period, the
Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi -
U final payment to be in an amount equal to the total dollar amount then due less the dollar value or
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Dany written claims pending against the Contractor arising out of the performance of such work,
and such semi-final payment may then be recommended by the Department of Engineering.
13 The Director of the Department of Engineering shall not recommend final payment to a
Contractor against whom such a claim for damages is outstanding for a period of six months
following the date of the acceptance of the work performed unless the Contractor submits
LI evidence in writing satisfactory to the Director that:
fl (1) The claim has been settled and a release has been obtained from the
u claimant involved, or
(2) Good faith efforts have been made to settle such out -standing claims, and
13 such good faith efforts have failed.
If condition (1) above is met any time within the six (6) months period, the Department of
Engineering shall recommend that the final payment to the Contractor be made. If condition (2)
fl above is met at any time within the six (6) month period, the Department of Engineering may
recommend that the final payment to the Contractor be made. At the expiration of the six month
period the Director may recommend that final payment be made if all other work has been
fl performed and all other obligations of the Contractor have been met to the satisfaction of the
jj jj Department of Engineering.
The Director of the Department of Engineering may, if he deems it appropriate, refuse to
LI accept bids on other City of Fort Worth Contract work from a Contractor against whom a claim
for damages is outstanding as a result of work performed under a City contract.
13 6.
fl Said City agrees and binds itself to pay, and the said Contractor agrees to rcreceive, 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, shall be Two Thousand Five Hundred Dollars ($2,500.00).
0 7.
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
LI Director of the Department of Engineering.
o 8.
fl
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The Contractor agrees to pay at least the minimum wage per hour for all labor as the same
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 copies verbatim herein.
9.
The Contractor shall procure and shall maintain during the life of this contract insurance as
specified in paragraph 2 of Special Instructions to Bidders of this contract document.
1 10.
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.
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IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be
signed in 1 counterpart 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 1 counterparts with its corporate
seal attached.
Done in Fort Worth, Texas this the day of 'Kro A.D., cr
RECOMMENDED:
DIRECTOR, DEPARTMENT OF
ENGINEERING
.T • `JCJ�1S TCL+� G'L 1 o rJ 1 A C .
CONTRACTOR
BY:
(REPRESENTATIVE)
•
(TITLE)
1W Y
Contract Authors ation
bate
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(ADDRESS)
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(CITY/STA E/ZIP)
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November 1960
Revised May 1986
Revised September 1992
Revised January 1993
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